European Union Bill

Debate between Baroness Stuart of Edgbaston and Chris Heaton-Harris

Wednesday 26th January 2011 Commons Chamber

[Chris Heaton-Harris]

I shall speak mainly to the amendments I have tabled, talk about the general opt-ins and ask a couple of questions about the written ministerial statement that was issued last Thursday, particularly on how aspects of it might work in the future. I always have questions about the who and when of decision taking.

My amendment 27 deals with something that is missing from the Bill—the body known as Eurojust. Eurojust is not the European public prosecutor, but it represents a massive step towards a European public prosecutor. Under article 85 of TFEU, its remit falls under ordinary legislative procedure, so a proposal comes from the Commission, qualified majority voting applies in the Council and co-decision applies within the European Parliament. It already has a huge amount of power—or it will have, when it is set up.

In April 2010, the European Commission published a document delivering

“an area of freedom, security and justice for Europe’s citizens”,

which was an action plan implementing the Stockholm programme. The Stockholm programme is the five-year European Union plan for justice and home affairs measures, which was adopted by the European Council in December 2009. On page 18 of the document, the European Commission states that in 2012, it will make a proposal for an EU regulation

“giving Eurojust powers to directly initiate investigations.”

Even if the current Government do not opt into the proposal, there is nothing in the Bill to require them to seek Parliament’s or the people’s approval to opt in once the regulation is adopted, allowing Eurojust to initiate investigations in the UK, for example. This is a massive step towards the European public prosecutor. I hope the Minister will reassure me that he will address that point at some stage, if not today.

It may be useful if I provide some examples of significant justice and home affairs matters that the last Government opted into. I could have picked any issue in that category, but I chose the issue of asylum because I know that it always gets the blood flowing.

Among other things, directive 2004/83-EC

“on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted”

sets out the rights enjoyed by those who have been granted refugee status. Some of them go beyond the rights approved for the 1951 Geneva convention on refugees, such as those relating to access to the employment market and social security.

Directive 2003/9/EC,

“laying down minimum standards for the reception of asylum seekers”,

includes provisions on the rights of asylum seekers to access the jobs market in certain circumstances, and on the accommodation that must be offered to them. Directive 2005/85/EC

“on minimum standards on procedures in Member States for the granting and withdrawing of refugee status”

lays down various restrictions and requirements regarding the procedures that member states can follow in processing asylum claims and withdrawing refugee status. They include specific requirements for the possibility of legal challenge by asylum seekers to various decisions taken as part of the process.

Those pieces of legislation were part of the first wave of the construction of the common European asylum system that was first called for in the Tampere European Council of October 1999. The Commission has been pressing on with further legislation to build that common system since then, and over the past two years it has presented three proposals for directives to replace those that I have cited. The general thrust of the proposals is a desire to further “harmonise” asylum policy and processes across the EU and, as a consequence, to limit national discretion yet further. As it happens, the last Government decided not to opt into those later proposals; but what would happen if this Government, or a future Government, chose to opt into them? It is realistic to assume that, under the Bill, Parliament would have no legal control.

I agree with my hon. Friend the Member for Hertsmere (Mr Clappison) that the Bill constitutes a step forward in one respect, and I congratulate the Minister on advancing so far. The written ministerial statement on justice and home affairs scrutiny laid before the House last Thursday contains a great deal of common sense, but I think that there is a need for further discussion of the consequences that will flow from it with the European Scrutiny Committee and other interested parliamentarians. Let me quote the key passage. It states that

“in circumstances where there is particularly strong parliamentary interest in the Government's decision on whether or not to opt in to such a measure, the Government express their willingness to set aside Government time for a debate in both Houses on the basis of a motion on the Government's recommended approach on the opt-in. The precise details of these arrangements to allow such debates and the circumstances in which Government time would be set aside will be the subject of further consultation with the European Scrutiny Committees, business managers”

—otherwise known as the wonderful Whips who are so kind and gentle to us all in this place—

“and the Commons and Lords Home Affairs and Justice Select Committees. These discussions will also need to determine how arrangements would operate during periods of parliamentary recess and dissolution of Parliament.”

That is all pretty good.

“However, the Government believe that as a general rule, it would be appropriate to do so in circumstances where they propose to opt in to a measure which would have a substantial impact on the United Kingdom's criminal or civil law, our national security, civil liberties or immigration policy. The Government will also put in place analogous arrangements for parliamentary scrutiny of decisions to opt-out of measures under the Schengen protocol.”—[Official Report, 20 January 2011; Vol. 521, c. 52WS.]

The written ministerial statement raises a number of questions. I shall talk about a couple of them now, but I would like to think that discussions can be ongoing and we can flesh out the detail. What would constitute “particularly strong parliamentary interest”? How, therefore, is a debate in Government time triggered? Would it be triggered by a referral by the European Scrutiny Committee? That could be complemented by an additional right whereby a certain number of MPs could trigger such a debate. Does the commitment to a debate and vote cover the opt-in to a justice and home affairs law already adopted by the other member states? The written ministerial statement seemed to indicate otherwise. Similarly, does the commitment cover the opt-in to new aspects of the existing Schengen acquis, such as common visa rules, where this opt-in is not covered by clause 6 of the Bill? Would it cover the opt-in to a pre-Lisbon police and criminal justice law that has ceased to apply to the UK because it exercised the bloc opt-out before June 2014? If it does cover that, how would Parliament be made aware that such an opt-in was being considered by the Government, given that this could happen at any time?

[Ms Gisela Stuart]

I hope that the hon. Gentleman will tell me if I say something that is incorrect, because I have not had sight of that written ministerial statement. We know that whenever we negotiate an opt-out in Brussels we spend political capital so, by definition, anything that we negotiate to opt out of is significant and an opt-in is a significant step. So any opt-in ought to be debated in Parliament and subject to a substantive vote because it must have been so important that we expended political capital securing it.

[Chris Heaton-Harris]

I tend to agree with the hon. Lady. When she reads the written ministerial statement, she will see that it represents a huge step forward in our scrutiny of these things in this place and she may see what measures the Government might want to opt into. I wished to raise this question of the opt-in now, because I think that the Bill is a step forward, as is this clause.

European Union Bill

Debate between Baroness Stuart of Edgbaston and Chris Heaton-Harris

Monday 24th January 2011 Commons Chamber

[Chris Heaton-Harris]

I concur with my hon. Friend. Although I completely trust the Minister, I am slightly concerned that, in future, the role might be played by a Minister who was not so interested in those matters.

[Ms Gisela Stuart]

As a former Member of the European Parliament, the hon. Gentleman knows that the decision-making process on those minor amendments is infinitely longer in the European Parliament than in the House. I cannot remember how many Ministers for Europe there were in the 13 years of Labour government, but although I hate to say it, collective memory in this place is vested not in the Minister for Europe, but in the civil service. It is not even a Minister who makes the decision, but the civil service.

[Chris Heaton-Harris]

I concur with the hon. Lady. Several manoeuvres have taken place under previous Governments to determine who is Minister for Europe. The incumbents do not often stay in the role for long. Either they are, like the current incumbent, sufficiently ambitious to move up the ministerial pay scale, or they could easily be a journeyman on the way out. There is a historical context to some decisions about conferring a competence on an EU agency, and one needs to know what the agency was formed to do in the first place. I perceive such conferral as part of the mission creep in Europe. The European Commission, in establishing so many new agencies on such a regular basis, creates its own quangocracy.

When I was a Member of the European Parliament, it was difficult to police the spending and powers of an agency that the European Commission set up. Indeed, it was more difficult than policing some of the agencies and quangos that Governments of different complexions established in this country. If those agencies grab power and take more competences—even for a valid reason at the time—it is important that the Minister of the day understands the historical reasons for setting up the agencies and the intended limits on the powers. I was present when Eurojust and Euro-magistrate were set up—all part of the European public prosecutor, which I look forward to debating tomorrow, and all part of a significant salami-slicing approach of taking powers away from individual member states, and building something that nobody particularly wanted.

I understand that any ministerial decision on the significance test has a kind of double lock. It has been drawn as narrowly as possible, and I would therefore like the Minister to answer a couple of questions. First, I want to check whether any treaty change will require an Act of Parliament. I should like to think that Parliament will have every opportunity to vote for a referendum on such a change. That is why I support amendment 11. Secondly, the decision on significance is subject to judicial review to ensure that decisions not to hold a referendum only on genuinely insignificant matters are backed.

Those matters are important because, as I said, they are about getting the British people to trust the decisions that we make on Europe again. No member of the public wants decisions to be made behind closed doors, without reasonable explanation. I emphasise strongly to the Minister that the amendments are not about trust in him, his ability to undertake the role or his decisions. I would like clarification that Parliament will have a say because that is what we were sent here to do.

My hon. Friend the Member for Stone (Mr Cash) has tabled some tempting amendments to which the Minister and the hon. Member for Birmingham, Edgbaston alluded. In amendment 1, my hon. Friend manages to do a fantastic decapitation job on the Bill that would basically put all changes up for referendum. Although there is validity in my hon. Friend’s reasoning—he has seen through the years a lot more of what goes on in this place than I have—I do not want everything to be decided by a referendum. The British people will not take that. They want Parliament to say, “These are important decisions and there will be a referendum, a debate in both Houses, or an Act and a vote,” and the Bill makes such provisions. We can then choose whether to amend a measure so that it is subject to a referendum because we believe it to be so important. If we think that a subject is insufficiently important, we can decide not to have one. I am tempted by amendment 1, but I am simply unable to support it for those reasons.

I was tempted by amendment 1 because of the accession exemption, which the hon. Member for Caerphilly and a number of hon. Members mentioned. I tabled an amendment on accession to the EU that we will not decide on today, just as we will not decide on many amendments that have been tabled. Amendment 21 is exactly as the hon. Gentleman described it. It would mean that a 3.5% dilution of our voting powers on the European Council triggered a referendum. That is a catch-all—it is completely designed as such—so that we would have a referendum on the accession of big countries.

Given that, amendment 1 all of a sudden comes back into play and I am once again tempted. I would much rather have had a comprehensive and sensible debate on clauses 4 and 5 today or tomorrow or in extra time.

European Affairs

Debate between Baroness Stuart of Edgbaston and Chris Heaton-Harris

Thursday 3rd June 2010 Commons Chamber

[Ms Gisela Stuart]

The hon. Gentleman is a former Member of the European Parliament and before he gets too sanctimonious, I remind him that during the Convention on the Future of Europe the European Parliament refused to agree on one seat because the default position in the treaty is that the Parliament sits in Strasbourg. Without French agreement, it would have had to give up its seat in Brussels.

[Chris Heaton-Harris]

There are many other examples, from debates held over the years in all institutions in Europe—and from debates that I have read in this House—of wonderful ideas on what we could do with the buildings of Strasbourg or Brussels. The fact is that we are talking about a huge, expensive white elephant that the people of Britain think is yet another waste of taxpayers’ money.

I know that this will not make my hon. Friend the Minister particularly popular when he is in negotiations on the other side of the channel, but I just ask him to mention, every now and again when the French delegation gets a bit excited about reformulation of the common agricultural policy or something else—the French get excited about all sorts of things—that we have been very generous in allowing them to maintain the seat of the European Parliament in Strasbourg, because it is unpalatable to most of our electorates.

I wish my hon. Friend the greatest of luck in his new role. There are great difficulties across the continent at the moment. There is the crisis of the huge debt that many countries have, and the incongruous way in which that debt may have to be serviced by other members of the eurozone—I like to think that it would not be serviced by British taxpayers. There are other pressures, too. The hon. Member for Bassetlaw (John Mann) made the point that we cannot have British jobs for British workers, and talked about the pressures that future accessions might bring. I know from my time in the European Parliament, and from going round schools in what was my region and is now my constituency, how deeply unpopular among the British people the possible accession of Turkey could be. If we press forward with it, we will have a great deal of work to do in explaining to our electorate that it is the right thing for Britain and British workers.