Q6. Mr. H. Wilsonasked the Prime Minister if he will move to set up a Select Committee of this House to consider the implications for our Parliamentary institutions and procedure of possible intry into the European Economic Community and, in particular, the provision in Article 189 of the Treaty of Rome which provides that regulations made by the Community automatically become the domestic law of member states.
§ The Prime MinisterNo, Sir. Her Majesty's Government recognise that membership of the European Economic Community carries with it an obligation to give effect to the legislative acts of the Community institutions either, as in the case of regulations, by accepting them as they stand, or, in other cases, by passing implementing legislation. The implications not only for Parliament, but also for the Executive and the Judiciary, have been carefully examined. The conclusions we have reached will 1726 be at the disposal of the House and there will be opportunities at the appropriate time for a full debate.
Mr. WilsonDoes not the right hon. Gentleman recognise that in the last debate in June this point was made strongly on the best legal and constitutional advice available to us, but that not a word was said in reply by the Government? Has he really considered whether regulations and decisions can become the law of this land without requiring special legislation by this House? What would be the position of Statutory Instruments and of Prayers? What would be 'the position of this House? Should not this House have a chance of examining this matter through a Select Committee?
§ The Prime MinisterI do not think that a Select Committee would be the best method. We have been considering all these points. I thought that the balance in this matter was extremely well put at the end of that debate by the right hon. Member for Belper (Mr. G. Brown) when he dealt with the claims of sovereignty on the one side and of co-operation on the other. We are working on all these technical points and at a suitable moment we shall give the House full information.
Mr. WilsonBut does not the hon. Gentleman realise it is not a question of how well the point might have been put in winding up the debate? Specific points were put about effects on this House of our joining the E.E.C. If the Government are, as we are told, giving a great deal of thought in reaching their conclusion to how this part of the Treaty would be carried out, will the Prime Minister now assure us that next time we have a full debate there will be a full statement by the Minister concerned, so that the House can share in information which the Government have?
§ The Prime MinisterI cannot say that the statement will be ready by the next time we debate this matter, because I do not know when that will be. But I will consider publishing a White Paper at an appropriate moment, perhaps at a later stage in the discussions.
§ Sir D. Walker-SmithWill my right hon. Friend look again at this matter, because what is raised by the Treaty is 1727 no mere technical matter? Does he appreciate that Article 189 is, on the face of it, inconsistent with the basic constitutional principle of the sovereignty of Parliament?
§ The Prime MinisterAll that is being inquired into. This is a question of the best moment and the best method by which we should have the information. I do not believe that a Select Committee would be appropriate. I would hope to have something ready for the House earlier than such a committee could report.
§ Mr. S. SilvermanIn view of the well-known constitutional doctrine that no Parliament in this country has power to bind any subsequent Parliament, what possible authority does the Prime Minister conceive that he has to negotiate a treaty, the intention of which would be to bind all subsequent Parliaments?
§ The Prime MinisterWe shall no doubt debate all these large issues, but the hon. Member's view seems to me to be somewhat reactionary, because in practice it would make almost any movement towards world organisation impossible.
§ Mr. GaitskellThis is a matter of considerable urgency. If the Government have made up their mind and have reached dear conclusions on this matter, it would be far better for those conclusions to be announced in the debate which, I understand, is likely to take place next week. Will the Prime Minister see to it that the Government spokesmen in that debate are fully briefed and can explain the position?
§ The Prime MinisterI will look into that, but I did not say that we had completed the examination. I said that we had all these matters under examination.