EU: Future Relationship

Debate between Baroness Barker and Lord James of Blackheath

Wednesday 23rd September 2020 Grand Committee

[Lord James of Blackheath (Con)]

My Lords, I was delighted to hear the noble Lord, Lord Anderson, refer to the 1969 Vienna Convention on the Law of Treaties because I believe it will have a profound effect on the final resolution of our recovery of sovereignty on a number of issues. I would like to read an extract from Article 53 of the convention. It states:

“A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law … from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.”


I suggest that that is a convenient way out for us. It avoids the confrontation of having to argue to take back areas of our sovereignty which are not lawfully given by Europe. We can effectively just wait for the European partner to initiate its own action—under what it sees is available to it under that convention—to try to force it on us. In that case it will have to revert to a plea to the bar of world opinion by going to the United Nations. Good luck to it. I do not think it will succeed on much. I think we have a soft way out that we should not overlook.

Everything else I want to say is about sovereignty issues. The principal concern when the vote was taken was the recovery of sovereignty. Of course, the European Union’s acquis communautaire—or ratchet mechanism—is steered towards ever-closer union. It has directly encroached on our sovereignty on so many issues in a manner not necessarily understood and foreseen at the completion of the treaty of Lisbon.

I have 13 sovereignty concerns that I wish to see resolved. That is too many to cover this afternoon, but I will try to go through eight of the most important ones. On 28 January, I obtained an Answer to a Written Question which assured me that there was no intention whatever for Britain to enter into the European defence union nor to forsake any of our Five Eyes capability to Europe. I was very pleased to get the answer saying, “You are right. Nothing is intended.”

Since that time, an eight-minute film has been put out by the European Union. It is easily available on a video link. It shows what the EU considers to be the celebration in Bosnia-Herzegovina of the first meeting of the armed forces of the European defence union. It starts with the downloading of an RAF jet containing 200 members of the Parachute Regiment. The commentary says they are accompanied by 30 members of Special Forces, who I take to be the SAS. There is then a march past, behind the European flag, in front of a saluting base, and a Jeep is pulling a platform on which are the 27 flags of the European defence union, including the union jack. I want further reassurance that we are not part of the European defence union. That is hugely important.

That leads to my second point. All our defence forces have to be under direct oath of loyalty to our sovereign. The European defence union requires a direct line of commitment to Brussels. We cannot have that situation. It would get us straight into the issue of whether we are participating in a standing army, which has been strictly prohibited since the trial of Charles I. We cannot possibly encumber our sovereign with the burden and embarrassment of having to contend with that in the latter stages of her reign. This is a disgrace. Those issues are paramount and we must have a definitive statement on them.

Throughout the past three or four months, we have been frozen as to the defence contracts we can engage in as Europe is still insisting that, as part of the go-forward arrangements, we will use only the authorised European defence production capability, which includes its boatyards, its tank capacity and everything else. It has already allocated to Krups the order for the first 50 of the new key Type 51 frigates, which are very important to us for our own coastal defences, and we are therefore prohibited from placing the order for the remaining 30 or so which we need for ourselves.

Similarly, the most important vessel required for the British Navy at this time is the replacement for the fleet auxiliary. The original one has been sold off to the Far East to be turned into razor blades—I am sure it was a good price—and we now have a situation where we cannot put out an order for the new form of fleet auxiliary, without which our carriers are effectively port-bound. These issues really need to be resolved, and we need clear direction on them.

The fisheries have been talked of much, and they are a major issue, but I wonder if your Lordships know just how bad the situation is in certain places. I have a direct and particular interest in Bridport bay, and the situation there is rather like a war zone. The trawlers going in are of what is called the wedge variety, which means they are flat-bottomed, and they are used to scrape up the bottom of the sea. As a result, they have destroyed the entire spawning and breeding capability of the Bridport area for the future. They have encroached so far upon the beach that they have undermined the sands adjacent to the cliffs, so the cliffs are crumbling, and this is now the worst area of crumbling in the country. It is like a war zone, and it is quite unfair on the local community. This is not fishing rights; this is absolute aggressive intrusion.

If the exercise is correct, that we sent 200 paratroopers to participate in the jollification in Bosnia about the creation of the EDU, it was also significant that it was said in the commentary all to be under the direct command and control of the European development union, at the head office of the EU. I have been sent fortuitously, by an anonymous person, a complete set of the command and control procedures for the European defence union, and it is fascinating. If you are a corps of armed soldiers and you have occasion to take a defensive situation, or even fire a round, you are then not allowed to reload or fire another round until you have been through 16 levels of consent, up to Ms von der Leyen herself, for consent to reload and shoot—

[The Deputy Speaker (Baroness Barker) (LD)]

Could the noble Lord bring his remarks to a close, please.

[Lord James of Blackheath (Con)]

Sorry. I have said my peace, and I hope you will understand it has come from the heart.