These proposals were not secret they were in the Constitution and therefore appear in the Lisbon Treaty.

But the problem is that many of the clauses are not totally clear and others are challenged by different clauses, the only way we will know for sure is when the ECJ has ruled on a case of dispute.

Energy is one of those areas

Lisbon places energy within the context of the internal market and of protecting the environment. It also moves energy policy into the ordinary legislative procedure.

It states the aims of the EU energy policy are to be to:
• ensure the functioning of the energy market;
• ensure security of energy supply in the Union;
• promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
• promote the interconnection of energy networks.

However it also says Article 194(2) it shall not affect a Member State’s right to determine the conditions for exploiting its energy resources, its choices between different energy sources and the general structure of its energy supply.

But then it says it will allow the Council to enact measures in “a spirit of solidarity” if severe difficulties of supply arise, particularly within the energy sector.

The House of Lords said in its tenth report that “The insertion of Article 194(2) is important as it helps to define the boundaries between EU and Member States’ competence by making clear that Member States retain sovereignty over national energy resources and have the right to determine their energy mix and the structure of their energy supply.”

Actually to me, not being a lawyer; Article 194(2 does not read as “Member States retain sovereignty over national energy resources” it says they have the “right to determine the conditions for exploiting its energy resources”

which might mean we retain sovereignty but it seems to be playing with words.

However the President of the EU Commission said last week that he wanted “mutualisation” of EU energy stocks

The transfer of ownership would be enacted under the clause of the Lisbon Treaty which gives the EU the power to “ensure security of energy supply”.

So much for the House of Lords interpretation.

In short they cannot use powers in the treaty until it is ratified, but they can prepare the ground, that is what is happening at present.

Do not forget that as soon as the treaty is ratified they will immediately change it by the use of the self amending clause. This has already been announced in order to assure the Irish voters before their second referendum.

There are though no assurances that those changes will not be wider and more encompassing than those needed to reassure the Irish people.

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Your Labour mates stopped us having one Devon. Vote Tory if you want one, comments in one word please !

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