The banking authority is different from the medicines agency, and this is a key point. Nearly all these institutions have different charters. Article 75 of the banking authority’s founding regulations provides for participation to be open to—
Lord De Mauley Portrait Lord De Mauley (Con)
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I am grateful to my noble friend. Is he going to address the amendments?

Lord Balfe Portrait Lord Balfe
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I take the amendments as being about our negotiating stance and, as such, I consider that I am addressing them. Article 75 provides for third countries with concluded agreements to take part in the agencies. I would like to know from the Minister whether we are going to seek to be a third party. If we do, we can contribute to the budget but we will then have to be subject to the rules under which they operate, which, incidentally, are also basically the rules of the ECJ. The point I am making—I am coming near to the end—

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Lord De Mauley Portrait Lord De Mauley
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If what the noble Lord, Lord Kerr, said earlier is correct, and I think it is, how does subsection (4) work?

Lord Oates Portrait Lord Oates
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I am not quite clear to which point made by the noble Lord, Lord Kerr, the noble Lord is referring.

Lord De Mauley Portrait Lord De Mauley
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If at the end of the two-year period we are out anyway, what is the impact of the Minister’s decision on termination?

Lord Oates Portrait Lord Oates
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The point of subsection (4) is that,

“No Minister … may agree to the termination”,


prior to that point. Clearly, that is the point of it.