The coalition government has promised no further transfer of sovereignty to the EU in this parliament MPs are to debate government plans to ensure “significant” powers can only be transferred to the European Union in future after a UK referendum.
Ministers say the proposals, contained in the EU Bill, will help preserve national sovereignty.
But some Tory MPs argue that the government will get the ultimate say on which issues go to a referendum, making the plan less democratic.
Labour says the bill, to be debated from 1540 GMT, is a “dog’s dinner”.
If passed by Parliament, it would ensure “significant” EU treaties must be approved by a referendum of UK voters, with the same rule in place for major changes to existing treaties.
The plans for a “referendum lock” were first mentioned by David Cameron in 2009 after he had ruled out a referendum on the Lisbon Treaty following its ratification by all 27 EU member states, something which irritated Eurosceptic Conservative MPs.
The coalition agreement reached between the Conservatives and Liberal Democrats states that there should “be no further transfer of sovereignty or powers over the course of the next parliament”.
“What it does is undermine the power of the people by giving greater opportunities and gateways for the judiciary to be able to assert its ultimate authority over Parliament”
Bill Cash Conservative MP
Under the proposed legislation, ministers could rule out a referendum if they judged the transfer of power to Brussels was “not significant”, but their decision would be open to challenge via a judicial review.
Some Eurosceptic Tories are expected to rebel against the government when a vote takes place in the House of Commons on aspects of the bill.
Veteran backbencher Bill Cash has put down a series amendments while his colleague Douglas Carswell has called for a referendum on the EU itself and described the bill as “smoke and mirrors”.
“It was sold as a bill that was going to increase the power to the people,” Mr Cash told the BBC.
“In fact, what it does is undermine the power of the people by giving greater opportunities and gateways for the judiciary to be able to assert its ultimate authority over Parliament and that is not a good thing.”
David Cameron has insisted the bill “basically does what it says on the tin” and that governments will not be able to hand powers to Brussels in future without explicit public approval.
And writing in the Sunday Telegraph, Foreign Secretary William Hague said: “When it becomes an act this will be the strongest defence of national democracy put in place anywhere in Europe. It is a massive advance for national democracy.”
But shadow foreign secretary Yvette Cooper said: “This bill is about failed Tory party management, not the issues that matter for Britain in Europe.
“Instead of concentrating on things like growth, exports or cross-border crime, William Hague is wasting time trying and failing to keep his Eurosceptics happy.
“Even worse, the bill is so badly drafted and contradictory that it could lead to a lawyers’ paradise where important decisions happen in court rather than Parliament.”
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