Amendment:
Clause 2, page 1, line 12, after
‘excluding’ insert –
‘(i) Annexed Pr=
otocol
No 1 Amending the Protocols Annexed to the Treaty on European Union, to the
Treaty Establishing the European Community and/or to the Treaty Establishin=
g the
European Atomic Energy Community, Article 1(20) relating to the Protocol on=
the
Position of the United Kingdom and Ireland in Respect of the Area of Freedo=
m,
Security and Justice; and
(ii)’.
Expl=
anation:
The Lisbon Treaty amends the Protocol=
on
the Position of the United Kingdom and =
Ireland. It adds to the Title=
the words "in respect of =
the
area of freedom, security and justice." Under the present Protocol, th=
e UK has
an opt out Title IV of the TEC (visas, asylum,
immigration, judicial cooperation in civil matters). The Protocol is amende=
d in
order to include all matters of the new Title IV Area of Freedom, security =
and
Justice of the TFEU. The Lisbon Treaty will extend EU powers over those are=
as. Hence,
the Protocol will cover police and judicial cooperation in criminal matters=
.
The Lisbon Treaty introduced a significant new
provision. The new Article 4a of the Protocol
provides that this Protocol also applies to measures under Title IV of the =
TFEU
which gives the right for the Union to amend an existing measure by which t=
he UK is bound (amendments of measures which
presently bind the UK =
and
also amendment to measures that the UK might be bound). The UK can
opt out of amendments to legislation from which it has already opted in.
However, if the Council, acting on a proposal from the Commission, determin=
es
that the non participation of the UK
in the amending version of an existing measure makes the application of that
measure inoperable for other Member States or the Union, it may urge the UK to
take part in the adoption and application of the proposal. This provision of
the Protocol will cause significant problems for the UK and it must be rejected. <=
o:p>
Of further concern is that after this
process (two months subsequent to the Council determination), if the UK,
has decided not to make such a notification, and has decided not to partici=
pate
in the amendment, the existing measure will not be binding or applicable to=
it.
The Council will make such determination acting by QMV without the UK
participation. The U=
K
will not participate in the final conclusion over whether it will not
participate in a measure.
Whereas under existing Article 5, =
220;A Member State which is not bo=
und by
a measure adopted pursuant to Title IV of the Treaty establishing
the European Community shall bear no financial consequences of that measure
other than administrative costs entailed=
for
the institutions”, according to the Lisbon Treaty, amendments the Council acting by QMV may determine that the UK shall=
bear
the direct financial consequences incurred as a result of the cessation of =
its
participation in the existing measure. The British taxpaying electorate will
ultimately pay the cost of signing the UK up to this Protocol and it=
is
unacceptable that such a move would be conceivable. The UK Government must
reject the content of this Protocol.
It is clear that the UK is not free to opt out fro=
m a
measure, as it will be under pressure to participate.
As the European Scrutiny Committee have concluded on this Protocol, “=
the UK retains the final right to choos=
e, but
it seems to us that the risk of <=
span
style=3D'mso-bidi-font-weight:bold'>losing the benefit of an existing measu=
re,
because of a choice not to participate in its amendment, by virtue of a decision in w=
hich
the UK cannot take part, must put at least some pressure on the UK to opt in.̶=
1; It
has put an obligation onto the UK
to not withdraw or amend an existing measure – if the UK does accept this Protocol, the consequences will be that the country wi=
ll be
politically compelled to adopt it against its wishes or a significant finan=
cial
penalty.