European Elections 2014

Baroness Primarolo Excerpts

Tuesday 18th June 2013 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I beg to move,

That this House takes note of European Union Document No. 7648/13, a Commission Communication on preparing for the 2014 European elections and enhancing their democratic and efficient conduct, and No. 7650/13, a Commission Recommendation on enhancing the democratic and efficient conduct of the elections to the European Parliament; notes that whilst European political parties are free to support candidates for Commission President, this does not limit the European Council’s selection of a candidate; agrees with the Government that the suggestion for a common voting day across the EU is unhelpful and would achieve the opposite of the stated intention of increasing voter turnout; and further notes that there is currently no indication that these documents are going to be followed up by formal legislative proposals.

I welcome this opportunity to discuss these European Commission recommendations in the House. It is now less than 12 months until the 2014 European parliamentary elections due to be held from Thursday 22 May to Sunday 25 May. This debate is therefore timely. [Interruption.]

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I am sorry Minister. Members who wish to have private conversations would be well advised to leave the Chamber. There are those who wish to debate the European recommendations, and it is not very courteous to the Minister either.

[Mr Lidington]

On 12 March, the European Commission published a set of recommendations and a communication concerning the 2014 European parliamentary elections whose contents also touched on other areas of European political life. The proposals do not carry legal weight; they are non-binding suggestions to member states and national and European political parties. The Government always welcome contributions to the ongoing debate about democracy in the EU, but I believe that these specific proposals mistakenly assume that there is a single European political identity—a single European demos—and ignore the fact that the fundamental source of democratic legitimacy within the EU is derived from national Parliaments accountable to their national electorates. I believe that we need to work to strengthen the links between national democracies, their Parliaments and EU institutions.

We consider it unlikely that these recommendations will become formal legislative proposals from the Commission, but if they were to take that form, they would need to be decided by unanimity. The relevant treaty articles are articles 22(2) and 223(1) of the treaty on the functioning of the European Union. As you will recall, Madam Deputy Speaker, under the European Union Act 2011, any measure introduced by the Commission and agreed by the Council and Parliament under article 223(1) would also require an Act of Parliament for the United Kingdom to give it assent. The consequence of that is that the UK would have a veto over any such proposed change.

I want briefly to set out the recommendations in more detail, addressing those that concern the conduct of European elections, before turning to the Commission recommendation that European political parties make known their candidate for the post of Commission President. The first and second recommendations put forward by the Commission are intended to promote connections between European political parties and national political parties. The proposals suggest that national political parties should explain their connection with European political parties and make clear that connection in their electoral documents. Political parties in this country are perfectly free to advertise their European affiliation if they so choose. Ballot papers in the United Kingdom will continue to be produced in accordance with UK law, as will party political literature. If a United Kingdom party wishes prominently to display its European political affiliation, it is free to do so, but there should be no question of compulsion.

Recommendation 4—the suggestion that member states ought to agree a common voting day for elections to the European Parliament—has attracted some attention in the media. At the moment, elections to the European Parliament take place over a four-day period, which in 2014 is set to fall between 22 and 25 May, as I mentioned earlier. I fear that a number of right hon. and hon. Members might have read reports that the EU intends to force the UK to hold elections on a Sunday. It is my happy duty to inform the House that this is not the case. The UK will continue to hold elections on a Thursday, as is our tradition, and I am sure that other member states will rest equally assured that they will be able to continue to hold elections on their day of choice. To mandate that a member state change its election day would achieve the very opposite of the declared aim of the proposals—namely, an increase in voter turnout—and would be detrimental to electoral diversity across the EU.

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[Madam Deputy Speaker (Dawn Primarolo)]

I think that the Minister is stretching a point, as he has done several times already. I am grateful to the right hon. Gentleman for making that point. Perhaps we could return to the specifics of the debate, and any political jousting could take place outside the Chamber afterwards.

[Mr Lidington]

I am sure that, if the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke) wishes to put himself forward as a rival to Mr Schulz, he will find some support on the Opposition Benches.

It is being suggested in some quarters, and was hinted at in the Commission’s communication, that only one of the candidates named by European political parties can become President of the European Commission. I have read—as, I am sure, have other Members—a fair bit of confused reporting on the process for selecting the next President, and it may help the House if I briefly explain the system as it is described in the treaties.

As is stated in article 17(7) of the treaty on European union, the European Council, acting by qualified majority,

“Taking into account the elections to the European Parliament and after having held the appropriate consultations… shall propose to the European Parliament a candidate for President of the Commission.”

The candidate shall then be elected by a majority of the European Parliament’s Members. If the candidate cannot attain a majority, the European Council will propose a new candidate.

The House will note that there is no mention in the treaty of European political party candidates for the post of Commission President. In our opinion, such candidates were not envisaged by the requirement for the European Council to take account of the European Parliament elections. While there is nothing in the treaty to prevent European political parties from running candidates, there is also nothing to mandate the European Council to limit its selection of a Commission President to those in that particular pool, and any proposal to impose such a mandate would require amendment of the treaty.

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[Mr Lidington]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Minister, you are stretching the debate very widely, as the document is not legally binding and therefore that is not to do with why this matter has been referred to the Floor of the House. This is not a blue-sky thinking exercise. Of course refer to the article to which the hon. Gentleman refers, which lays out the process, but please stick to what is on the Order Paper and what is before us now, not in future.

[Jacob Rees-Mogg]

rose—

[Madam Deputy Speaker]

Mr Jacob Rees-Mogg, I am speaking to the Minister, not you. I was not ruling what you said out of order.

[Martin Horwood (Cheltenham) (LD)]

On a point of order, Madam Deputy Speaker. The motion specifically refers to the proposals from the Commission, which include matters relevant to the nomination of candidates for the post of President. The article quoted by the hon. Member for North East Somerset (Jacob Rees-Mogg) is therefore directly relevant. Are we free to discuss it in that respect at least?

[Madam Deputy Speaker]

With respect, Mr Horwood, if you had listened to what I said, you would have heard me say article 17(7) is relevant. I was just suggesting to the Minister that, given that the whole document is not legally binding, while it is important that he explains the current arrangements, I hope he will not continue to stretch the debate rather wider than the document in question provides for. So you can of course discuss article 17(7).

[Mr Lidington]

In answer to my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), let me explain our view on article 17(7). The European Council retains complete freedom to nominate whom it wishes. It is required to take into account the elections to the European Parliament, but there is nothing in article 17(7) or elsewhere in the treaty on European union that suggests the European Council is in any way mandated to limit its election to a particular pool of candidates. Indeed, it may be that no one political family commands a majority in the European Parliament, or it may be that different combinations of European political parties within the European Parliament prefer one candidate rather than another, and it may not be possible, simply by looking at which of the larger European groupings ends up in the lead after the elections next year, to determine what the preference even of the Parliament itself might be as to the preferred candidate.

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[Kelvin Hopkins]

I must say that I am delighted by what my hon. Friend has just said about first past the post as opposed to list system PR. Does she think that our party might possibly make a commitment at the next election to restore first past the post for European elections in Britain?

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Much as the hon. Lady might be tempted by that question, can we stick specifically to the European document before us? Manifestos can be written elsewhere.

[Emma Reynolds]

My overall objective in this House is obviously to make my hon. Friend the Member for Luton North (Kelvin Hopkins) happy, but I will defer to your instructions, Madam Deputy Speaker, and will not go down that line of argument.

In this case, and in others, the European Commission seems to have disregarded a very important principle that applies to European co-operation—that is, the subsidiarity principle. It is clear and obvious to me and Members across the House that it should be the decision of democratic political parties in the UK to decide how to approach European elections and how to campaign for them, and that it is up to Ministers in our Government and to this Parliament to decide on which day we should hold those elections. One of the most concerning elements of the proposals is the one to hold the European elections on the same day across the European Union. The Commission argues that member states should agree on

“a common day for elections to the European Parliament, with polling stations closing at the same time.”

That argument is problematic in two different ways. First, as has already been stated, we have a tradition in the UK of voting on a Thursday that, I understand, goes back to the 1930s. It is now fixed in law that local and general elections must take place on a Thursday. The date of European elections is not fixed in law but, according to section 4 of the European Parliamentary Elections Act 2002, European elections should be held on a date fixed by the Secretary of State for Justice. Nevertheless, here as well, the convention is that European elections take place on a Thursday, in line with other elections, as I described.

There are different traditions in different member states of the European Union. We, the Danes and the Dutch usually vote on a Thursday, the Irish vote on a Friday, and some other member states tend to vote on a Saturday or a Sunday. I strongly believe that it should continue to be a decision made by member states’ Governments as to which day of the week elections should be held. Here in the UK it is essential that there is uniformity across the different sets of elections, so general, local and European elections should all take place on a Thursday.

There is already a problem with low turnout in European elections. I would like to see a higher turnout in those elections. The Commission states that it wants to boost turnout and increase democratic legitimacy. I fear that its proposal to hold elections on the same day throughout the EU would do exactly the opposite of the stated objective. It might further decrease voter turnout and would therefore do nothing to improve democratic legitimacy.

Secondly, the idea that polling stations should close at the same time is also problematic because of the differences in time zones across the EU. Polls that close at 10 pm in the UK would close earlier in Greece, for example. As early as 1960, the European Parliament adopted proposals for a “uniform procedure” for its member states’ elections, to be used by all member states, but in reality, five decades later, there is no uniformity in virtually any aspect of European elections. In most member states, including the UK, voters choose from a party list, whereas in other member states the single transferable vote is used. Voting ages vary as well, so there is no uniformity in these aspects of European elections. Artificially imposing the same election day would be problematic and, as I said, counter-productive.

The Commission also proposes that national political parties make clear their affiliation to pan-European political parties. Again, the European Commission has disregarded the principle of subsidiarity. It is none of the Commission’s business how my party—the Labour party—or the Conservative party, the Liberal Democrats or others want to campaign in the European parliamentary elections. It is up to the respective national parties to decide how best to campaign in those elections. We strongly believe that it should be for national parties also to determine the content of their party broadcasts, without suggestions from the European Commission.

There are some questions that I would like to put to the Minister. Have the Government informed the Commission of their concerns about the Commission’s suggestions, as set out in the motion? What is the Government’s view on how the Commission is likely to follow up these two documents? What is the view of the other European institutions—the European Parliament and the rest of the Council of Ministers?

Increasing participation in European elections and improving the democratic legitimacy of the European Union are objectives that we share, but the proposals that we are debating today will not achieve that aim. They are counter-productive and ignore the fact that according to the principle of subsidiarity, member states and not the European Commission should have responsibility for administering elections within their borders. We agree, as the Minister set out, that national Parliaments should have a greater role and we congratulate the Foreign Secretary on adopting the proposal of the shadow Foreign Secretary, my right hon. Friend the Member for Paisley and Renfrewshire South (Mr Alexander), for a red card system, which my right hon. Friend proposed in January this year. It took the Foreign Secretary a few months to come round to the idea, but we are glad that he is there. Such proposals should increase the democratic legitimacy of European Union decision making.

We are therefore content to support the Government’s motion on the European Commission documents, and urge the Government to make the strongest possible representations to the Commission that these proposals should be taken no further.

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[Martin Horwood]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. We are not actually discussing the position of the Conservative party anywhere in Europe; we are discussing the documents before us today. You can talk about article 17(7), Mr Horwood, but let us not venture any further.

[Martin Horwood]

Of course, Madam Deputy Speaker.

The second point is that there is an expression of what I used to call the Thatcher doctrine, which is to complain about the lack of democracy in the European Union but oppose all practical steps to increase democratic accountability because that would be seen as giving more legitimacy to the European tier of government. I think that is a regrettable approach.