§ Mr. Denzil DaviesTo ask the Attorney-General whether he will list those articles, protocols and declarations relating to titles II, III and IV of the treaty of European union as adopted at Maastricht from which no rights and obligations arise which need to be given effect in domestic law.
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§ The Attorney-GeneralThe articles and protocols relating to titles II, III and IV of the treaty of European union amend the Community treaties.
Any amendment to the Bill which, by preventing incorporation of a treaty provision into our domestic law, makes it impossible for the United Kingdom to implement its Community obligations would cause us to regard ourselves as unable to ratify the treaty; and would mean that, if we did ratify, we should be in breach of our treaty obligations as soon as the treaty came into effect.
As a general principle, it is important to preserve consistency between our domestic law and Community law as it is applicable to the United Kingdom. This is best achieved by following the United Kingdom's consistent legislative practice of incorporating in domestic law not only all amendments to the Community treaties but any protocols annexed to those treaties.
The Government therefore continue to oppose deletion of the social protocol from the proposed revised list of Community treaties in section 1(2) of the European Communities Act 1972. But since the social protocol expressly states that acts adopted under the agreement of the other 11 member states shall not be applicable to the United Kingdom, its deletion would not render the United Kingdom incapable of fulfilling its obligations under the treaty of union and would not, therefore, prevent ratification.
Some amendments may add domestic procedures when implementing the treaty obligations. Some protocols may relate only to a particular member state. In such cases, the Government would have to examine carefully whether, if the Bill were amended, our law would still be consistent with our international obligations. But provided this condition were met, amendments in these categories would not be fatal to ratification.
Application of these principles will, I think, make it clear into which category particular amendments fall. If it is not clear how to apply these principles to a particular amendment I am willing to examine the matter carefully and give the House further advice on that amendment.