Oral Answers to Questions

Debate between Chris Bryant and David Lidington

Tuesday 22nd July 2014 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

Yesterday I asked the Prime Minister about the Litvinenko case, and I am delighted to say that the Home Secretary has today announced a public inquiry, so let me press home the advantage. I also asked him yesterday about the Magnitsky case. Considering that the Americans have already done it and that other countries in Europe have done it, why on earth have we not introduced what the House demanded more than two years ago, which is a clear statement that those who were involved in the murder of Sergei Magnitsky and in the corruption that he unveiled are not welcome in this country? That is now the eighth time I have asked.

[Mr Lidington]

We have made it very clear, whether we are talking about people from Russia or any other country, that someone against whom there is clear evidence of complicity in human rights abuses would not be welcome in the United Kingdom.

European Council

Debate between Chris Bryant and David Lidington

Tuesday 7th January 2014 Commons Chamber

[Mr Lidington]

On my hon. Friend’s first point, I am aware that he has written to the Prime Minister about the matter of oral statements. There is of course that recommendation in his Committee’s report. I am sure that my right hon. Friend will reply to the letter. For the record, I repeat the Government’s commitment to give their full detailed response to the European Scrutiny Committee’s report in due course, and I pledge to do that as soon as we are able.

On his point about CSDP matters, I do not agree with him. I, too, want to see a European arm of the Atlantic alliance that is more credible and effective than it is at the moment. That is certainly a message that I hear consistently from the other side of the Atlantic as well. But there is a difference between that and the European Union and its institutions owning and directing those policies. What we support and advocate is a system in which European countries take more seriously their obligations to deliver effective security and defence contributions to that trans-Atlantic alliance, and that is where the conclusions of the European Council represented a clear victory for our vision. It advocated an emphasis on capabilities and political commitment, not on new EU institutions and not on the EU ownership. Rather, it insisted on the EU complementing NATO and working with the grain of member state responsibility and competence over defence policy.

[Chris Bryant (Rhondda) (Lab)]

I rather agree with much of what the Minister has said and congratulate him on being a rather fine Minister for Europe in that he does not subscribe to some of the looney-tunes ideas proposed by some of the people sitting behind him. May I ask him about the European Council and whether there was any discussion about who will be the new British commissioner? The European Parliament will get to have a view, so should not this House get to have a view on who the next British commissioner should be?

[Mr Lidington]

The straight answer to the hon. Gentleman’s question is that there was no discussion by this country or any of the other member states of who their nominee might be later this year. That is a matter, as always, on which the Government will come to a view and we will nominate a man or woman in due course. I must advise the hon. Gentleman to be patient for a bit longer.

Greenpeace Activists in the Russian Federation

Debate between Chris Bryant and David Lidington

Wednesday 23rd October 2013 Westminster Hall

[Mr Lidington]

We continue to keep under review at what level and with what sort of approach it is right to make approaches to the Russian Government. Our priority is to try to get the best possible outcome for the British nationals who have been detained. The Prime Minister is taking the very close interest that the House would expect, both as Head of Government and as a constituency Member of Parliament. As the Foreign Office Minister dealing with the case, I can testify that the Prime Minister’s involvement and interest are continuous and intense. He has also been in personal touch with other European Heads of Government—in particular, he has been in touch with Prime Minister Rutte of the Netherlands—and he will continue to be so.

[Chris Bryant]

It would be a good idea if the Prime Minister were to get in touch directly with Putin. Specifically, the Prime Minister should be saying that using piracy charges undermines the law of piracy across the rest of the world. That is why those charges are like using a sledgehammer to crack a nut.

[Mr Lidington]

The hon. Gentleman makes his point with the courtesy with which he has addressed the subject throughout the debate. We have been in touch with the Governments whose citizens are being detained, and we have taken a lead at local level in Russia on co-ordinating the efforts of other nations with detained nationals.

I will look further into the question that the right hon. Member for Exeter (Mr Bradshaw) raised about his letter, because I am concerned to hear him say that he has been waiting for more than a month. We will get back to him as quickly as possible.

We have not forgotten the families here in the United Kingdom and what they are obviously going through. On 10 October, I met parliamentarians representing the detained nationals and representatives from the constituency offices of MPs. My officials met the families themselves on 16 October, and I hope to agree a date next month when I can meet the families and hon. Members representing them, so that I can hear directly from the families any concerns that they have, and so that I can talk to them about the work being done on the case by the FCO and the British Government generally. One issue raised by the families is the chance to talk to their relatives by telephone.

I am conscious that time is running out, so I propose to address the issues that I have been unable to address today in writing to the hon. Member for Rhondda, and I will place a copy of that letter in the Library of the House so that it may be circulated to the families concerned.

European Union (Croatian Accession and Irish Protocol) Bill

Debate between Chris Bryant and David Lidington

Tuesday 6th November 2012 Commons Chamber

[Mr Lidington]

The point of principle that my hon. Friend makes is certainly right—that during a treaty negotiation it is open to any member state to withhold its consent unless it receives a concession that it is seeking. Obviously, during such a negotiation every member state has to calculate where its national interest lies and what kind of bargain it wants to achieve. However, this is now water under the bridge, as these events took place before the previous general election.

[Chris Bryant (Rhondda) (Lab)]

No, the Minister is wrong. What a member state tries to do, across the piece and over a period of time, is to decide what its main priorities may be. That does not mean that every time a treaty is coming up, it decides to put yet another thing on the table. Indeed, I would argue that the problem with the Government’s current approach is that they are trying to fight the European Union on too many fronts at the same time and will not secure any of their intended outcomes.

Falkland Islands Referendum

Debate between Chris Bryant and David Lidington

Wednesday 13th June 2012 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

I, too, fully stand behind the Falkland Islanders’ right to self-determination, and I do so as a former Minister who had responsibility for them, but I have to say that the referendum in Gibraltar changed not one whit the view of the Spanish Government and we would be extremely naive if we were to think that we would change President Kirchner’s view by having the referendum. However, there are Argentine senators and members of Parliament, including Peronists, who simply laugh at their President’s position because they know that it is there for party political advantage and nothing else. Will the Minister confirm that calm and resolute negotiations with Argentina not on the basis of our holding the Falklands, but on other matters, is a better way than sabre-rattling?

[Mr Lidington]

One of the great sadnesses when reflecting on the situation in the south Atlantic over the past 10 years is the change in Argentine politics. Argentina has moved from what had appeared to be a policy of gradual accommodation and reconciliation towards the much more aggressive stance that President Kirchner has taken. I agree with the hon. Gentleman that it is important that the United Kingdom continues to make it clear that we want a mutually beneficial, friendly relationship with Argentina but that that will not come at the price of selling out the democratic rights of the Falkland Islanders. That remains our position.

Russia (Exclusion of Journalist)

Debate between Chris Bryant and David Lidington

Tuesday 8th February 2011 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

(Urgent Question): To ask the Minister to make a statement on the expulsion from Russia this weekend of the journalist for The Guardian, the Moscow correspondent Mr Luke Harding.

[The Minister for Europe (Mr David Lidington)]

On Saturday 5 February Luke Harding, a British journalist and correspondent on Russia for The Guardian, was refused entry to Russia at Moscow airport and sent back to the United Kingdom. Mr Harding is a journalist who knows Russia well and has, over the last four years, given readers of The Guardian genuine insight into that country.

A free media and freedom of expression are a vital element of any free and democratic society—and the Government deplore any restriction on those freedoms. Mr Harding was not given any explanation for his exclusion and it is unclear to us at this stage whether he has the right of appeal against this decision.

My right hon. Friend the Foreign Secretary spoke to the editor of The Guardian over the weekend and subsequently to the Russian Foreign Minister, Sergei Lavrov, by telephone yesterday. My right hon. Friend asked Foreign Minister Lavrov to explain the reasons behind the decision to decline entry to Mr Harding. Mr Lavrov said that he was not aware of the specific reason, but promised to find out and let us know. We are yet to receive a response, but we understand that the Russians are actively looking into the issue. We have since passed this information to the editor of The Guardian.

We understand that Mr Harding had previously been warned by the Russian authorities about several alleged violations of his status as a journalist, including visits without permission to border zones and classified areas. Indeed, last November The Guardian approached us asking for support to secure Mr Harding’s reaccreditation as a journalist when his accreditation had been withdrawn. We then made representations to Moscow at a senior level, and in the event Mr Harding was granted an extension of his accreditation as a journalist.

We have raised our concerns about media freedom in Russia, most recently during our bilateral human rights dialogue with the Russian Government on 18 January. As the House will know, Foreign Minister Lavrov is due to visit this country next week. My right hon. Friend the Foreign Secretary will raise various issues—including, most certainly, human rights and media freedom—during his discussions with Mr Lavrov. Knowing my right hon. Friend, I am confident that he will have this case very much in mind when he does so.

[Chris Bryant]

I am grateful to the Minister for his reply. As he has said, Luke Harding is a thorough, meticulous and courageous journalist—qualities that are essential for anyone working as an independent journalist in today’s Russia. His British wife and young children are now stuck in Moscow without him. As the Minister said, when he tried to enter Russia this week he was detained before being put on a plane back to London. I am told that as his passport was handed back to him the Russian police officer told him, “For you, Russia is closed.”

Is this not a pretty chilling state of affairs? Does it not accord with the harassment of the last British ambassador to Moscow, the rigged trial of Mikhail Khodorkovsky, the persecution of journalist Fatima Tlisova, and the murder of her colleague Anna Politkovskaya, with which no one has yet been charged and of which no one has yet been found guilty? Does it not also accord with the revelation that the Russian security service press office which deals with journalists’ inquiries has now been given authority to issue licences for the routine bugging and surveillance of all journalists operating in Russia?

The United Kingdom has vast financial interests in Russia. Will not British businesses be nervous, fearing that this shows a return to the worst practices of the communist era? Will people not think that those who have suggested that Russia is a mafia state or a kleptocracy are not far off the mark?

What actions has the Foreign Office taken on behalf of Mr Harding and his family? I gather that the Russian Foreign Minister—who, as the Minister said, is expected to visit London next week—maintains that he knows nothing of the circumstances. What further representations will our Government make? Will they make it clear that Mr Lavrov is not welcome in this country while British journalists are excluded from Russia? Will they emphasise that, as a member of the Council of Europe, Russia must ensure the freedom of the press within its borders? May I urge all Government Members who are Council of Europe delegates and sit in the same grouping as Russian members of Mr Putin’s party to make absolutely clear to them that these actions are completely unacceptable?

[Mr Lidington]

We will certainly offer whatever consular support we are able to give to Mr Harding’s family. The hon. Gentleman will appreciate that events have been moving very rapidly over the past few days. As I said in my original answer, my right hon. Friend the Foreign Secretary will raise both the broader human rights concerns and, as appropriate, the case of Mr Harding—and, indeed, other individual cases—during his discussions with Mr Lavrov when they meet next week.

I think it important for the United Kingdom to continue to talk to Russia. Russia is a significant power in the world in both an economic and political and a military context. There will be issues, relating to counter-terrorism and nuclear proliferation, on which we want to find a certain amount of common cause with Russia, but it is also important—and the hon. Gentleman was right to stress this—that we are unafraid to raise very clearly in our discussions with Russian Ministers and officials issues on which we disagree, and disagree strongly.

While the British Government will continue to support British business in its work around the world, we also make it clear to Russia and, indeed, other countries that if they seek to attract international investment in their economies, it is in their interests to be able to demonstrate that they are governed by the rule of law which respects fundamental human rights, including the freedom of the media.

European Union Bill

Debate between Chris Bryant and David Lidington

Tuesday 1st February 2011 Commons Chamber

[Mr Lidington]

Clause 19 provides for the financial provisions associated with some of the provisions of the Bill, mainly those in part 2 required for the implementation of the transitional protocol on MEPs. Any costs incurred as a result of our implementation of the protocol will be met from the Consolidated Fund.

[Chris Bryant (Rhondda) (Lab)]

How much will that new MEP cost?

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[Mr Lidington]

The hon. Gentleman invites me to speculate on what the procedure would be were there to be a tie in the event of a very unlikely by-election covering the whole of the west midlands region. I will seek advice in order to be certain of my position and write to him or respond to him later in the debate.

[Chris Bryant]

I am grateful to the Minister for being so generous in giving way, as he always is. He has suggested that Members of this House or the House of Lords are barred from being Members of the European Parliament, but I do not think that that is the law. I would be grateful if he could advance the Act of Parliament in which that is stated. I thought that the Rev. Dr Ian Paisley was simultaneously a Member of this House and the European Parliament for a considerable time.

[Mr Lidington]

That was possible for a long time, but the rules were changed and the right hon. and noble Lord Bannside, as he now is, decided to leave the European Parliament at the appropriate election because he wished to remain a Member of the House of Commons.

The other costs covered by clause 19 arise by virtue of clause 13, which provides that the Electoral Commission shall

“take whatever steps they think appropriate to promote public awareness… and… may take steps they think appropriate to promote public awareness of the subject-matter”

in connection with any referendums held, pursuant to part 1 of the Bill. Clause 19 provides for any additional costs incurred as a result of that activity.

It is also worth underlining the fact that since 14 July 2009 the salaries of Members of the European Parliament are paid from the European Parliament’s budget. The United Kingdom will make no direct payments as a result of the implementation of the transitional protocol on MEPs, so clause 19 makes no provision for any such payments.

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[Mr Lidington]

No. The matter will be decided at the time. We will not operate on a hypothetical basis—that there might or might not be a referendum in any particular year. We would make provision for it as and when required.

[Chris Bryant]

I am not sure whether the Minister therefore means that the Foreign Office would make provision, whether the Ministry of Justice would do so under the referendums provision or whether it would come out of the contingency, but my anxiety is that one might end up with the same situation as we have in Wales for the next referendum on 3 March. Nobody has been identified as the official no side of the argument, so there will be no public money for either no or yes, because if there is not an official no campaign there cannot be an official yes campaign.

[Mr Lidington]

The regulations for the referendum will be those set out in the Political Parties, Elections and Referendums Act 2000. I suggest not that any changes are planned, but that, in accordance with any amendments made to that legislation between now and the date of any future referendum on a European issue under the Bill, the rules for its conduct would change. Today, we propose, however, that, as long as the 2000 Act remains in force in its current form, the rules that apply to it should apply to any referendum held under the auspices of the Bill.

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[Mr Lidington]

It is very important that we legislate on the basis that we want to give people the assurance that they have this protection against any future Government choosing to railroad through the transfer of new competences to the European Union institutions without the people being given the right to have their say. Any future Government of any political colour will be taking a pretty massive political risk if they try to rob people of the right to have the final say about the transfer of competences and powers from this country to Brussels. That will be a very powerful deterrent against any future Government being tempted down such a course.

[Chris Bryant]

The Minister said that this Government have no intention of having a referendum because they do not intend to trigger one under their own Bill, thereby proving that the whole Bill, like Z, is an unnecessary letter. Will he now get on to the point made by my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) about how much a referendum is going to cost?

[Mr Lidington]

On current prices, a referendum, if held on its own, could cost between £80 million and £100 million. If it were combined with other elections on the same day, the figure might well be considerably less. However, these things would have to be calculated in detail at the time. It depends on factors such as whether another election is being held on the same day, so all the apparatus of paying for staff to set up polling stations and to count ballot papers is already being provided for, or it is being done as a one-off solely as a referendum on a European subject.

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[Mr Lidington]

I will leave it to the hon. Lady to try to explain that distinction on the doorstep.

The hon. Member for Caerphilly (Mr David) asked about expenditure authorised by clause 13. We have to understand the distinction between an authority to spend, which is what we are debating, and what the level of any expenditure should be. If we did not have the authorising power, as set out in clause 19, the Electoral Commission would simply not be able, without going ultra vires, to promote public awareness of a referendum or the subject matter of a referendum. The Electoral Commission, like any other Department or organisation funded by the taxpayer, has a budget that is set through negotiation with the relevant Departments and the Treasury, and it will have to make provision from within that budget. If it really feels that it needs more, it will have to come back to the Government to seek agreement for a supplementary authorisation for additional spending, in the way that such things are usually provided for. We are debating a power under the clause for the Electoral Commission lawfully to spend money on a particular set of objectives, and nothing more.

[Chris Bryant]

Rather unfortunately, the Minister unpicked my support for the clause in the speech that he just made. He is right that this is the only point at which Members will decide how much should be spent on referendums, should they come into play. As he said, the rules on elections and referendums are set out in the Political Parties, Elections and Referendums Act. The Government may wish to change some of those elements in the future, but Members will never consider this element of funding again. The moment that the Government want to have a referendum, they will have one and we will not have an opportunity to decide the cost of it.

The Deputy Prime Minister said that a major reason for holding a referendum on the same day as the local elections in England, the Assembly elections in Wales and Northern Ireland, and the Scottish Parliament election is the saving of some £30 million. I am not quite sure how that matches with the figures that the Minister gave for the cost of a stand-alone referendum. I wonder whether the Foreign Office is operating on slightly different figures from those of the Cabinet Office, which are being advanced by the Deputy Prime Minister.

I say to the Minister that to propose a Bill that provides no assurance that the financial sense of holding a referendum will be considered, and that provides only for the ideological sense of having a referendum to be considered, is a failing. As an example, I will give a failing of the previous Labour Government. There will be a referendum on new powers for the Welsh Assembly on 3 March. I have knocked on a lot of doors in the Rhondda recently, and I have been hard-pressed to find a single person who knows that the referendum is taking place. I suspect that very few people will take part in it. I know what machinations led to the provision in the Government of Wales Act 2006 that has put us in that situation, but I am unsure whether it is a good use of public money constantly to go to voters in referendums. I would have thought that a Government who wanted to get the best value for money, especially in a time of austerity, would want to have a value-for-money test as part of the decision about whether there should be a referendum. My anxiety is that there will be referendums on piddling matters, because lawyers will force them to happen. That will cause significant cost to the Government and no actual benefit to voters, who will effectively vote by not voting.

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[Chris Bryant]

My hon. Friend has essentially made my point for me again. As you are looking quizzical, Mr Hoyle, there is no need for me to detain the House longer. [Interruption.] No, it is quizzical, honestly. Well, it certainly is now, even if it was not a few seconds ago. I look forward to hearing the Minister explain why there is no provision in the Bill for a value-for-money test before there is a referendum.

[Mr Lidington]

First, to make the record absolutely clear, I say to the hon. Members for Wolverhampton North East (Emma Reynolds) and for Blackley and Broughton (Graham Stringer) that the former was right to correct me about the way in which votes would be counted in the somewhat unlikely event of a by-election. In effect, it would be an alternative vote election but with just one candidate from each party. The candidates would be numbered, so the question of a tie, to which the hon. Gentleman drew my attention, would not arise. I am grateful to both hon. Members for their interventions, which have made it certain that we have got the correct facts on the record. I am sure that in the hypothetical case of a by-election being called, they will find the Hansard record of these exchanges very helpful.

To respond to the point that the hon. Member for Rhondda (Chris Bryant) made about finance, the detailed financial provision for any referendum would be made in the Bill authorising that referendum. When we debated earlier clauses, I explained that there would need to be primary legislation for that purpose—I think it would almost certainly be part of the Act of Parliament to ratify a treaty change.

I believe that there is simply disagreement between the hon. Gentleman and me about that matter. I take the view that we should have a referendum when the question to be determined is significant enough in principle to require it. We have laid out in detail in the Bill the changes to European treaties, and the transfers of decisions from unanimity to qualified majority voting, that we think are of such constitutional or political importance that a referendum of the British people should be required before any Government could decide to accept them not just for their own term of office but permanently and, in the eyes of many in the EU, irrevocably.

The problem with introducing a measure such as a value-for-money test is that it opens up a wide area of discretion for the Government of the day, who could say, “Well, this decision might be of legal and constitutional importance, but frankly, the costs involved do not justify all the trouble of asking people to come out and vote and they aren’t really interested anyway.” That way of thinking is part of what got Europe into the democratic deficit in which it is now trapped. There is a gulf of mistrust between voters and the political elites who govern them in far too many European countries, each of which has proud democratic traditions. We see that in this country in how Parliament is regarded—it is not just down to the EU; it is down to all sorts of other things as well. Such a measure would be another element in that deficit.

Allowing people to have the final say over decisions that are important to the future of their country is one way to remedy that deficit. I think it better to define the circumstances in which that will happen in legislation, as we have done with the Bill, than to leave it to the discretion and judgment of Ministers, who might decide on the ground of public interest or of value for money. For that reason, I prefer our approach.

[Chris Bryant]

The fact that the Minister and I disagree on this matter or on the Bill is no great revelation. Even his private office might have worked that out. He gave the game away a bit when he said that the matter of principle is that one must give the people the right to decide when the transfer of power is sufficiently significant, but significance is not an absolute but a comparator. That is my problem.

The Bill provides for the addition of a new MEP. Will he assure the House that there is no need to provide for a situation in which that MEP, having been appointed, decides to leave or unfortunately dies? Will that seat simply be gathered up in the normal process of by-elections?

[Mr Lidington]

The answer to the hon. Gentleman’s question is yes. The normal processes for filling a vacancy in the European Parliament would apply in those circumstances too.

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clause 20

Extent

Question proposed, That the clause stand part of the Bill.

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[Mr Lidington]

Yes, we consulted the devolved Administrations in 2010, at the same time as final policy approval was sought from Departments. The text of the Bill was circulated to the devolved Administrations as soon as it had been drafted and was available for circulation in Whitehall. We have tried to keep them as much in the picture as possible and as soon as was practical. As the hon. Gentleman will understand, the Government took office in May last year, and arranging policy clearance and then the drafting of the Bill has been an intensive piece of work. However, I do not think that the devolved Administrations have been treated in any way unfairly. I have assured them that the Government remain completely committed to what the Prime Minister has termed the “respect agenda”, and that we are committed to honouring in full the various memorandums of understanding between the Government of the United Kingdom and the devolved Administrations. I am happy to make clear that commitment once again.

[Chris Bryant]

I am afraid that it was the words “the respect agenda” that turned my stomach and made me get to my feet suddenly. My experience of the Government thus far, in relation to other constitutional developments, has been that the respect agenda has been more honoured in its breach. To be fair, however, the Foreign Office has discussed the matter openly and fairly with the Governments in Scotland, Wales and Northern Ireland to ensure that the legislation might suit their needs. However, there might be some areas—particularly in relation to the different legal system in Scotland—where, although it might not feel like the UK Government have surrendered a power in negotiations in Brussels, it might feel more like they have in Scotland. At those moments, the people of Scotland might say, “We want a referendum, because we do not like what you are doing”, while the Government and Parliament might not think that there is any need to do so.

I want to make a second point about Gibraltar. We have all referred, Mr Hoyle, to your personal interest in Gibraltar, and I bow at that altar as well. The Minister used a particular phrase that seemed like it had been crafted very carefully through the decades by Foreign Office mandarins. Having used such phrases before myself, I wonder whether it might not help were the Minister to unpack it. I think he said that the people of Gibraltar would be allowed to vote in a referendum where they are affected by a measure. I do not know how one would determine whether Gibraltar has been affected. I am not sure whether the Minister is being too clever by half, or whether I am being too foolish by half, but I am sure that he will enlighten us.

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[Chris Bryant]

I can feel a peroration coming on, so I just want to check something to do with Gibraltar. Notwithstanding the remarks that the Minister has made, clause 11(1)(c) refers to who gets to vote

“if the referendum is also held in Gibraltar,”

but who decides whether the referendum is held there? Would that have to be laid out in the Bill that was implementing the individual referendum in question?

[Mr Lidington]

No, it would be a matter of treaty and law. I refer the hon. Gentleman to clauses 2(2)(a) and 3(2)(a). They provide for the circumstances relating to whether a referendum on whether a treaty should be ratified should be held throughout the UK—“or”, and this is the important provision,

“where the treaty affects Gibraltar, throughout the United Kingdom and Gibraltar”.

The referendum will extend to Gibraltar where the treaty matter that is subject to the referendum is a matter that includes Gibraltar. If it is a treaty matter from which Gibraltar is excepted, the referendum will not include the people of Gibraltar.

[Chris Bryant]

So why does clause 20 not say that the Act extends to the whole of the United Kingdom and Gibraltar?

[Mr Lidington]

Because the provisions for Gibraltar are laid out in clauses 2 and 3, as I have explained.

Question put and agreed to.

Clause 20 accordingly ordered to stand part of the Bill.

Clause 21

Commencement

European Union Bill

Debate between Chris Bryant and David Lidington

Wednesday 26th January 2011 Commons Chamber

[Mr Lidington]

What is clear in the Bill is that anything under article 48(7) relating to the giving up of a UK veto or a move to qualified majority voting would require primary legislation here. My hon. Friend the Member for Daventry questioned me on those areas of policy, defined in various parts of the treaty, where article 48(7) could be applied to move from the special to the ordinary legislative procedure, but where QMV still applies now and would apply in the new circumstances. If it would help the hon. Lady, I will happily copy the letter I write to my hon. Friend the Member for Daventry to her as well.

We took the opportunity in working on this Bill to take a fresh look at this issue. We concluded that a general principle could be applied—that articles already in the treaties that provided a “one-way” option should also be considered to be passerelle clauses. These one-way options add to or reduce what could be done within existing areas of EU competence, but without changes to either voting rules or legislative procedures. We felt that they should be subject to primary legislation.

We also looked hard at articles that modify the composition or rules of procedure of existing EU institutions and bodies. We will come on to most of those when we debate clause 10. However, we felt that the article allowing for the amendment of the number of Commissioners was a highly significant article as it could be used to negotiate a reduction in the current requirement that every member state should nominate one Commissioner. We therefore proposed, because of the importance of that matter, that any such decision should require approval by primary legislation.

[Chris Bryant (Rhondda) (Lab)]

Is it not ludicrous that there are so many Commissioners? There are far too many of them to give them all proper jobs. Half of them do not have a proper job now. We have ended up with a system under which each country gets one Commissioner, but they are not meant to be there as “the British Commissioner”. They should work together as a commission. When it comes to state aid, it is particularly important that they act independently, not as a national representative.

[Mr Lidington]

The hon. Gentleman, my predecessor in office, puts a strongly held view with characteristic cogency. Whatever the merits of his argument, it seems to me that departing from the principle that each country should be entitled to nominate a Commissioner would be a change of major significance to the way in which the European Union is organised and run. As such, it would seem appropriate, whatever the merits or demerits of the proposal, that this should be subject to primary legislation rather than any less demanding form of parliamentary scrutiny.

[Ms Stuart]

rose—

[Chris Bryant]

rose—

[Mr Lidington]

I am conscious of the pressure on time and I am going to try to make some progress.

Let me respond to the challenge from the hon. Member for Caerphilly (Mr David) about the numbers of advocates-general. There are not 27 advocates-general, so we are not in the position of having one for every member state, but it is important that we retain the veto on this, and we have no intention of giving it up.

It is important for the United Kingdom to be able to approve the appointments of judges and advocates-general, and we felt that it was sufficiently important to be included in schedule 1.

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[Mr Lidington]

I am afraid that I am going to deny myself the pleasure of hearing a further explanation from the hon. Gentleman.

The other articles listed in clause 7—covering decisions on provisions for elections to the European Parliament, on the system of own resources of the EU, and on the adoption of provisions to replace the excessive deficit procedure—already require primary legislation before this country can agree to them, and clause 7 replicates those earlier requirements. Decisions under the articles listed in clause 7(2) would require approval in accordance with the constitutional requirements of the member state before the member state confirmed its approval of a decision. The four articles that I mentioned are also subject to enhanced parliamentary control in Germany following the judgment of the Federal Constitutional Court on the Lisbon treaty.

For the other decisions listed in subsection (4), primary legislation will be needed before this country votes in the Council of Ministers or the European Council. In other words, the Act will be needed before the United Kingdom can cast its vote. We intend that to happen before the final political decision to use the ratchet clause is made at European Union level but after official-level negotiations have been completed, so that it is clear to Parliament that that is the final text and it can make a decision on what is proposed without the risk of further changes.

Unlike the 2008 Act, the Bill does not contain a disapplication provision giving Ministers discretion to approve a decision that has been amended since being approved by Parliament. That is deliberate. We want Parliament to approve the final version, although it will of course be examining the proposals from an early stage under the existing arrangements for parliamentary scrutiny of European legislation.

I should emphasise that these provisions will apply only when the Government intend to agree to a measure. If the Government of the day did not support the exercise of any of the ratchet clauses, they would simply block their adoption. However, the pledge in the coalition agreement and the commitment in the Bill provide that when the Government would be in favour of such a decision, Parliament must approve it first.

[Chris Bryant]

I did not intend to speak, but as the Minister refused to give way—it was the first time I had ever seen a Minister do that in Committee—I wanted to make one very brief point. [Interruption.] I see that the Whip is fulminating. He can go and fulminate on his own.

The problem with the Bill, and with clause 7 in particular, is that it will make it more difficult for us to negotiate with other countries to achieve the outcomes that we want for the British people. Let us suppose, for example, that France introduced a law similar to this and we tried to negotiate a proposal that is in the coalition agreement, namely that we should end the ludicrous caravanserai between Brussels and Strasbourg. It is laid down in the treaties that the European Parliament shall have two places in which to sit, which is ludicrous given the vast amount of money that is spent on the two buildings, the vast inconvenience caused to people, and the creation of a monopoly air service which is also ludicrously expensive. Moreover, I do not think that all that has resulted in a better policy and decision-making process. However, if the French Government had a law such as this, they would simply block every treaty change that might be in our interests.

Tunisia

Debate between Chris Bryant and David Lidington

Monday 17th January 2011 Commons Chamber

[Mr Lidington]

The advice that I have received to date is that there is no evidence that extreme groups that are linked to or similar to al-Qaeda have played a significant part in the uprising inside Tunisia. Nevertheless, my hon. Friend is right to say that we need to be on our guard against the spread of extremism and terrorism throughout the entire Maghreb. That is yet another reason why we should support reforms, ensuring enduring political stability in those countries in the future and that people in those countries do not believe they should turn to terrorism because they have no other way of seeking to change the society in which they live.

[Chris Bryant (Rhondda) (Lab)]

The Minister will know that for the past 10 years leaders at EU Council meetings have banged on and on about the Maghreb but done absolutely nothing to make sure that there is economic stability and democratic advance in any of those countries. Will he go back to the next Foreign Affairs Council of the EU and say that it is time that we met our commitments from 10 years ago in relation to some of those countries? Otherwise, the future will be no better than the past few weeks.

[Mr Lidington]

The hon. Gentleman is right to imply that the relationships with the Mediterranean governed by the Lisbon process and the Union for the Mediterranean have not delivered the positive results we all hoped for. My right hon. Friend the Foreign Secretary and I will certainly want to highlight, at the next Foreign Affairs Council, the need to learn lessons from this experience with Tunisia and the need for Europe to get its act together more effectively in terms of its relationships with our southern neighbours.

European Union Bill

Debate between Chris Bryant and David Lidington

Tuesday 7th December 2010 Commons Chamber

[Mr Lidington]

No, I want to deal with the objections and criticisms that have been made to and of the referendum lock. Serious questions have been asked on both sides during the debate and I want to respond to them. One set of objections came from the hon. Member for Rhondda (Chris Bryant), who made it clear that he objected to all referendums as a matter of principle—

[Chris Bryant]

No, I did not.

[Mr Lidington]

He is now saying that he does not, and I am happy to hear him qualify his earlier remarks. The problem with such an argument is that it ignores two things. First, it underestimates the depth of the mistrust and disaffection that people in this country now feel towards the way in which powers have been transferred from the United Kingdom to the European Union without the people ever being asked for their agreement. It ill becomes the Labour party in particular to offer criticism on this score when the prime reason for such disaffection over the last few years has been that party’s refusal, when in government and with a majority in this House, to agree to the people having a referendum, which had been promised at the general election. This was a promise on which Labour was happy to renege when it came into office.

The argument against referendums on principle ignores the fact that the practice has grown up in the last 13 years of holding referendums on major constitutional changes. We have had them in Scotland, Wales, Northern Ireland, Greater London and even in the north-east of England, and I think that people now have a reasonable expectation that they will be invited to have their say if their basic constitutional rights are being affected by legislation proposed by Ministers.

Oral Answers to Questions

Debate between Chris Bryant and David Lidington

Tuesday 14th September 2010 Commons Chamber

[Mr Lidington]

The legislation will be drafted to make clear those aspects of the European Union treaties on which the Government would expect to require a referendum were there to be a proposal for change. It will, of course, be possible for people to use judicial review if they wish to challenge a Minister’s decision. I think that is likely only in cases where a Minister were for some extraordinary reason—no Minister in the current Government would do this—to wish to deny the people the right to have their say.

[Chris Bryant (Rhondda) (Lab)]

The Minister seemed to get his ratchets in a bit of a twist in his written ministerial statement yesterday. First he said that all ratchet clauses would be subject to primary legislation, then that major ratchet clauses would be subject to a referendum, and then, towards the end of his written ministerial statement, he confessed that there is no agreed definition of what a ratchet clause is at all, so his legislation is a pile of nonsense really. Does he not accept that the real danger here is that, effectively, what he is doing is asking the courts to decide when there will be a referendum or when there has to be primary legislation, because they will be deciding what is a ratchet clause? Some of us would like the Government to opt in rather more frequently, not least to the directive on human trafficking.

[Mr Lidington]

When the hon. Gentleman sees the Bill, I think he will find that we have very clearly defined those articles of the treaties where a referendum would be required and those where primary legislation would be required. I only wish that the Minister had it in him to welcome the fact—[Hon. Members: “Minister?”] Old habits die hard, I am afraid. I wish the hon. Gentleman would have the grace to recognise that whereas in the Government in which he served decisions to cede powers to the European Union took place on the sofa in No. 10 Downing street, we are ensuring that under this Government it is the British people who will have the final say before any further powers are transferred to Brussels. It will be up to the people, and I wish the hon. Gentleman had as much confidence in democracy and the will of the people as we on this side of the House have.

European External Action Service

Debate between Chris Bryant and David Lidington

Wednesday 14th July 2010 Commons Chamber

[Chris Bryant]

The Commission does not have any choice, because the staff will be automatically moved into the EAS. The same applies to the Council. If each country approves the measure, through their parliamentary processes, the move will happen automatically, so I have confidence in the Commission. There are many areas where I do not have confidence in the Commission shedding staff, and where the hon. Gentleman is right to say that sometimes we have to ensure that it does not encroach on the powers of member states, but this is not one of them.

When I was Europe Minister, I tried to fight for some important principles. First, it was important to make it absolutely clear that the head of each delegation had full power over the whole delegation, because otherwise, in any individual deputation in any country throughout the world, different elements might compete against each other. Although Europe might have spoken with one voice, because it had established a single mandate, the individual delegation in that country might not. I am glad that we won that argument.

I am glad, too, that we won the argument to bring the politico-military structures, the civilian planning conduct and capability element, the crisis management and planning directorate and the EU military staff inside the EAS, because it would simply have been to duplicate and make the system more complex if we had left them outside.

I shall not take up much time, because I want to ensure that there is more opportunity for other Members to participate, but I must note two areas where, to be honest, I felt that I had to handbag the High Representative. Indeed, there were sharp words at April’s General Affairs and External Relations Council. First, I do not believe that the EAS should set up consular services for every country in the European Union, and I was determined to ensure that the text that came out of April’s Council made that absolutely and abundantly clear. I confess that the text that we ended up with—I am sure that all hon. Members will have read it—is slightly complex. Indeed, article 5(10) states that the Union delegation shall, acting in accordance with article 35 third sub-paragraph of the TEU, and upon request of member states, support the member states in their diplomatic relations and in their role of providing consular protection to union citizens in third countries on a resource-neutral basis.

Two elements of that are vital, but they sound misguided. First, “on a resource-neutral basis”, means that no additional money should go into the EAS to provide consular services on behalf of other countries. Secondly, the reference to article 35 of the Maastricht Treaty on European Union, as I am sure the Minister knows, means that the circumstances in which the EAS can provide consular services are very closely constrained. The Maastricht treaty—under the provisions that John Major introduced, incidentally—makes it clear that where an individual citizen of any EU member state is in a third country and their member state has no representation, other member states can provide support. That happens fairly regularly. In countries where Britain has no representation, sometimes a British citizen will be supported by other EU members. It is also true that the services of other countries are provided to us. For instance, in Laos, where we have no representation, the Australians provide consular protection.

In our discussions leading up to April’s Council meeting, I thought it very important to ensure that countries such as Estonia and Latvia, which would dearly love the EU to provide consular services and remove the power of member states to provide them throughout the world, should not see the measure as a great cash cow. While many in the room argued forcefully that we should be moving towards European consular services, I said that we would use the British veto if that proposal came forward. That is why we have the document that is now before us.

The next issue is budget neutrality. As I said, there has been considerable duplication in the system in the years thus far, whereby there are desk officers for the same country from different elements of the structure of the European Union, and that has been counter-productive. I am confident, with Cathy at the helm, that there will be a strong insistence on ensuring that those duplications do not survive, and that there is therefore no reason why the EAS should cost us more in the long term.

I note the Minister’s optimism when he says that in the short term this will cost us only £1.1 million more.

[Mr Lidington]

I am sorry—the hon. Gentleman misheard me. I said that there would be about £1.1 million, not £1.1 billion, of additional costs for the United Kingdom.

[Chris Bryant]

I am sorry, but the Minister misheard me, because I said “million” as well. It is great to be able to be entirely of one mind.

However, my anxiety is more about the Minister’s optimism than his numeracy. Pressures will inevitably come from other member states, many of which are going through the same process of retrenchment in their budgets and will find that that directly affects their foreign offices. When I was in the post that he now holds, I spoke to three of my counterparts, who talked about 50% or 60% cuts in their foreign offices. In many of those countries, there may well be a political pressure towards the European Union carrying out more of their foreign services, and he will rightly want to be very cautious about that. Throughout the whole process of the treaty going through and the setting up of the EAS, it was our clear intention that we, Britain, should be able to fight our corner, but we also wanted the whole European Union in our corner. I very much hope that that is what this measure will achieve.

My final point relates to British staff in the EAS. Like the Minister, I hope that many diplomats in the Foreign and Commonwealth Office will want to work there. He said that many more suddenly want to go and work there; I do not know whether that is because they do not like working with him or because they are fearful of what is going to happen in the FCO. On a serious note, one of the complexities in trying to get British staff to work in any of the institutions of the European Union is that they often cannot see a path back. It is not only a question of whether British people speak foreign languages, but of whether they can see a career that takes them to Brussels and brings them back thereafter. I hope that at some point the Minister will be able to enlighten the House further on those matters.

I wholeheartedly support the motion in the name of the Minister and congratulate on him on his volte-face.

Oral Answers to Questions

Debate between Chris Bryant and David Lidington

Tuesday 6th July 2010 Commons Chamber

[Mr Lidington]

I can assure my hon. Friend that not just I, but my hon. Friends in the Department for Work and Pensions will press to make sure that any proposals suit the interests of the United Kingdom. When the Green Paper is published, it will, of course, be subject to parliamentary scrutiny in its own right.

[Chris Bryant (Rhondda) (Lab)]

One element of the Commission’s work programme is the implementation of treaty change. Will he confirm that the Prime Minister agreed at the June European Council to a special intergovernmental conference, but has yet to notify this House of that matter? That meeting has already taken place. Will he also confirm whether the Prime Minister, or the British representatives at that intergovernmental conference suggested the repatriation of any powers from the European Union to the UK?

[Mr Lidington]

I am sorry if the hon. Gentleman has been dozing a bit. If he had looked at the Order Paper this morning, he would have seen a written statement about the transitionary protocol on the composition of the European Parliament. It is hardly a secret, given that this matter has more than once been referred to on this side of the House in debates about Europe and foreign policy since this Parliament first convened. The proposed small treaty amendment does not involve any transfer of powers from the United Kingdom to Brussels institutions.

[Chris Bryant]

The hon. Gentleman knows perfectly well that I have read the written ministerial statement because I tabled an urgent question about it earlier this morning and I am sure that he was consulted on the matter. However, let me raise another matter that arises from the Commission’s work programme—trade with Latin America. The Minister knows that Labour Members support a free trade agreement with Peru and Colombia, but we know that there are very significant human rights abuses in Latin America, which is why it is important that the text of the trade agreement deals not just with trade issues. Will he make sure that this is ratified not just by the Commission, the European Council or by Europe, but by each member state so that we in this House have a chance to vote on that trade agreement?

UK Parliamentary Sovereignty and the EU

Debate between Chris Bryant and David Lidington

Tuesday 15th June 2010 Westminster Hall

[Mr Lidington]

My hon. Friend will have to forgive me if I say that the kind of questions that he asks are precisely those that the Government will wish to consider in the exercise that I have just described—when they come to a view as to whether we should introduce primary legislation to reinforce the principle of parliamentary sovereignty. So far, as he knows, the British courts have upheld the principle of parliamentary sovereignty. We want to ensure that such a principle is unassailable and ongoing.

[Chris Bryant]

Before the Minister’s speech, we were told by the Government that a committee will be set up to do such work. Now, however, he seems to be saying that there will not be a committee, but just a general process of cogitation, regurgitation and general thinking. Does he describe that as the backburner or the long grass?

[Mr Lidington]

It is certainly not the long grass. The work has already started, but it requires proper consideration. I understand the hon. Gentleman’s impatience and eagerness for an outcome to this exercise, but given that we are only a month into the new Administration, he will have to bear with us a little longer before we come to a conclusion. I can assure him that as soon as a decision is taken, we will make a statement to Parliament, so that he and other hon. Members can question and challenge us on the outcome of that debate within Government.

The Government have been clear about what we intend to propose in legislation at the earliest opportunity. We have agreed that there should be no further transfer of sovereignty or powers from the United Kingdom to the EU over the course of this Parliament, and that commitment is written into the coalition programme. The Government are also committed to increasing democratic and parliamentary control, scrutiny and accountability in relation to EU decision-making. We will introduce a Bill to ensure that the British Parliament and the British people have more of a say, and that will increase the democratic accountability of the European Union. The Bill that was listed in the Gracious Speech has two main elements: a referendum lock and greater parliamentary control over the use of the so-called passerelle or ratchet clauses in the Lisbon treaty.

Let me describe briefly what we propose in terms of a referendum lock, although my hon. Friend the Member for Stone and the House will appreciate that very detailed work is now going on to determine the precise language of the Bill. Any proposed future treaty that transferred competences or areas of power from the UK to the EU would be subject to a referendum. No Government would be able to pass more powers to the EU unless the British people had agreed that they should be able to do so and no Government would be able to join the euro unless the British people had agreed that they should do so.

My hon. Friend said that there might be an attempt to bring about treaty change to create some form of economic governance in light of the current financial crisis. I can say to him that there is no consensus so far even in the euro area that there should be a further treaty. Any EU treaty, even one that applied only to the euro area, would need the unanimous agreement of all 27 member states, including the UK. Each of those 27 member states would have a veto. Even in the case of a hypothetical treaty that the British Government were prepared to endorse, the fact remains that any treaty that proposed to transfer powers from the UK to the institutions of the EU would require a referendum for ratification, under the terms of the programme for Government that the coalition has set out.

We also plan to change the law so that any Government would be required to pass primary legislation before they could give final agreement to any of the so-called ratchet clauses. There is a variety of those clauses; there is no easy definition of a ratchet clause. Some provide for modification of the treaties without using the ordinary revision procedure and some are one-way options that are already in the treaties, whereby EU member states can decide together to exercise those options, and which allow existing EU powers to expand. There are options, for example, in the common foreign and security policy, in justice and home affairs, and in environment policy. Besides the provisions on primary legislation, in our Bill we will also ensure that the use of any major ratchet clause that amounts to the transfer of an area of power from the UK to the EU would be subject to a referendum.

My hon. Friend the Member for Stone and the hon. Members for Luton North (Kelvin Hopkins) and for Rhondda (Chris Bryant) spoke about the inadequacy of our current system of parliamentary scrutiny of European legislation. The Government plan to improve the scrutiny of EU decision making, and getting the scrutiny system right is a very high priority for us. I am currently examining ways of strengthening the existing system of parliamentary scrutiny and I am keen to discuss proposals with the new Scrutiny Committees of both the House of Commons and the House of Lords, once they are formed. I hope that they will be formed in the very near future.

[Mr Lidington]

The hon. Gentleman makes a clear point that we in Government and the House as a whole will want to bear in mind when it comes to taking decisions about the scrutiny process. It is also important that we look at the practice of scrutiny in other EU member states. I had a meeting last week with the chairman of the Swedish scrutiny committee, and we are exploring the models of scrutiny that are in use elsewhere in the EU, to see whether there are any aspects of those processes that we might usefully adapt for our own purposes here.

[Chris Bryant]

The Minister is being very generous in giving way. I sensitively suggest to him that most other member states conduct scrutiny remarkably worse than we do, which is quite a thing to be able to say.

In addition, all I would say to the Minister is that we still do not have the European Scrutiny Committee set up. For the life of me, I cannot see why the chairmanship of that Committee was not established when the other Select Committees that we have already elected were established. Also, I hope that a new scrutiny reserve resolution will be tabled fairly soon. I urge the hon. Gentleman to try and make this issue as much a matter for the House as for the Foreign Office, because it should be a matter for the whole of the House to decide on.

[Mr Lidington]

I take very seriously the points that the hon. Gentleman has made. He also asked me about the new Cabinet Committee on European Affairs. That Committee is chaired by my right hon. Friend the Foreign Secretary, and the deputy chairman is the Secretary of State for Energy and Climate Change. It has met; it met for the first time last week. However, I must disappoint the hon. Gentleman by saying that it does not meet, and does not intend to meet, in public. There is no difference in that regard to the system for any Cabinet Committee. Members of the devolved Administrations are not members of the Cabinet Committee on European Affairs but they continue to meet under the aegis of the Joint Ministerial Committee on Europe, to prepare for the European Councils each year.

[Chris Bryant]

Waste of time.

[Mr Lidington]

The hon. Gentleman says that, but we want to make our relationships with the devolved Administrations work a lot better than they used to during his time in office; that is one of the differences that the new Government intend to make. We want to turn not only those formal meetings but our regular contacts with our colleagues in the devolved Administrations into something that informs the development of our approach to European affairs. Now, having said that, I must press on.

My hon. Friend the Member for Stone asked questions about a number of detailed issues and I want to reply very quickly to those questions. So far, there are no proposals at all on the table that would require the UK or any other member state to submit its budget plans to the Commission in advance of informing Parliament, and my right hon. Friends the Prime Minister, the Foreign Secretary and the Chancellor have all made it clear that we would be utterly opposed to any such proposal.

My hon. Friend is right to draw attention to the importance of some of the current proposals on financial services, which are with the European institutions now. In particular, the de Larosière package on financial supervision is a matter of primary importance to the interests of this country. Yesterday, in both the formal proceedings of the General Affairs Council and in bilateral conversations with some of my counterparts from other countries, I said that we wanted to see the unanimous agreement that was reached on the proposal at ECOFIN in December 2009 maintained in any future drafts of that proposal.

The hon. Member for Luton North asked about agricultural policy reform. The Government remain committed to a policy of common agricultural policy reform that would see an end to the direct subsidy of production, a reduction in the external tariffs on foodstuffs, bringing them down to the same level of external tariffs that apply on other goods, and an end to the practice of dumping EU produce on the markets of developing countries, which undercuts those countries’ own farmers.

A number of hon. Members spoke about excess EU regulation. I know that both the Cabinet Committee on European Affairs, which I am a member of, and the Regulatory Sub-Committee of the Cabinet Committee on Economic Affairs will be keeping a very close eye on that issue. Excess EU regulation comes not only from Europe itself. Too often, there is gold-plating in Whitehall of European legislation, which is something that we are also determined to guard against.

My hon. Friend the Member for Stone said one thing that I will quarrel with him about—in a good-humoured manner—and it was about EU enlargement. I disagree with him on this issue. I think that the enlargement of the EU has entrenched political stability, the rule of law and democratic institutions in Spain, Portugal, Greece and in central and eastern Europe. It is actually a tremendous achievement on the part of the EU. If one contrasts the picture today in those parts of our continent with what we saw in those same countries in the 1920s and 1930s, I think that the advantages and the strengths of the EU’s approach are demonstrated.

My hon. Friend rightly said that many people in Europe are frightened, angry and disillusioned. That is why we need to push forward a positive British agenda, to get European people back to work, to free up markets, to enhance free trade with the rest of the world and to demonstrate an advance towards a cleaner and greener European economy. At the same time, we need to champion vigorously the interests of the UK within the EU, to increase accountability to the British people and to increase the democratic legitimacy of the decisions that Ministers take in Europe, ensuring that it is the people who can take the final decision on any future transfer of power from this country to European institutions.