European Union (Referendum) Bill

Debate between Lindsay Hoyle and David Lidington

Friday 22nd November 2013 Commons Chamber

[Mr Lidington]

I am sure that every amendment tabled to any Bill by the hon. Gentleman is serious in intent, but Mr Speaker judges not the quality of the content of an amendment, but whether it is in order. If it is in order—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

It is orderly. I am sure that no one will want to challenge Mr Speaker’s decision. I am correct on that I take it, Mr Gapes.

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[Mr Lidington]

I am going to make some progress. [Hon. Members: “Give way.”] The commission first proposed—[Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. In fairness to the Minister, he has given way a couple of times and does not want to do so again. Having three Members shouting “Give way” when he has no intention of doing so is not good for me or for Members, because I cannot hear anything.

[Mr Lidington]

The commission first suggested that Parliament should reflect on whether to use the word “remain” in place of the phrase “be a member of”. As it acknowledged in its report, the judgment about that wording boiled down to an assessment of whether one believed that either form of wording would tilt the electorate unfairly towards supporting one or other camp in the referendum campaign. The problem with trying to make that assessment is that it requires making an assumption about how other members of the electorate will be affected by the wording. My own view is that if we look not just at the theory of how people might react but at the practical context of a referendum campaign, the outcome of which will certainly be a subject of very vigorous public political debate, it is hard to see how the form of words proposed by my hon. Friend is likely to tilt the playing field one way or the other.

Court of Justice of the European Union

Debate between Lindsay Hoyle and David Lidington

Tuesday 11th June 2013 Commons Chamber

[Mr Lidington]

I am always willing to say that if any right hon. or hon. Member, or any UK business, can come forward with evidence that another member state is refusing to implement European law—whether that is law as interpreted by the Courts or the law as enacted through the European legislative process—we will be happy to champion those British citizens or companies with the relevant institutions. As I am sure the hon. Gentleman will know, once law has been established and clarity assured by a judgment from the Court, it is then for the European Commission to initiate infraction proceedings if a member state fails to implement the European Court’s rulings. It is fair to say that sometimes there is argument after the judgment about the exact meaning—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We are drifting from the question of advocates-general. Mr Shannon has tempted you, Minister for Europe, and you should know better. Back on course!

[Mr Lidington]

If the hon. Member for Strangford (Jim Shannon) applies to Mr Speaker for an Adjournment debate, he and I might have the opportunity to explore those matters in the detail that he so ardently desires.

Let me return to the issue we are debating and the criticisms the European Scrutiny Committee has raised. Let me turn first to the important issue of funding. Although broadly supporting the proposal, the Government are clear that any additional advocates-general should not and need not result in an increase in the Court’s budget. The appointment of the new post holders and their support staff should lead to a relatively small additional cost of about €4 million a year, which the Court can meet from within its existing budget. Its budget was more than €354 million for 2013, and the Court has underspent by more than the cost of the additional advocates-general in each of the last three years. In the current economic climate, there is an imperative on all the EU’s institutions, including the Court, to find ways to reduce their administrative costs.

As I set out in paragraph 12 of my explanatory memorandum to the European Scrutiny Committee, the UK is prepared to submit a minute statement in Council to set out our expectation that the increase is cost-neutral. If necessary, we will do that during voting on the Council decision. As I know the House understands, a minute statement in itself will not be enough to guarantee cost-neutrality, but would be a clear statement of the United Kingdom’s position ahead of the separate financial negotiations next year on the annual budget. Indeed, the minute statement is not intended to secure budget neutrality at this stage, but is intended to signal clearly the beginning of our negotiating position for next year.

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[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I have allowed the right hon. Gentleman to intervene on the Minister even though he only arrived in the Chamber three minutes ago. However, the debate is about advocates-general, not about judges.

[Mr Lidington]

I would say to my right hon. Friend the Member for Wokingham (Mr Redwood) that we need less legislation at European level. We need legislation to be written as clearly as possible, so that there is less need for the arbitration of the Courts. Regarding some of his criticisms of the ambiguity and over-prescriptive nature of European law, I have to say that I have heard such criticism being made of United Kingdom Acts of Parliament as well from time to time. None of this is perfect. He might have missed the point that I made earlier in my speech that British business finds it helpful to have a European Court of Justice applying the rules of the single market with clarity and, one would hope, with fairness. There have been a number of leading cases in which the decisions of the European Courts have led to significant practical advantages and opportunities for United Kingdom businesses and business sectors.

I want to give a little additional information to the right hon. Member for Leicester East. I have been advised that Lord Mance is the United Kingdom’s member on the panel and that there are seven members of it in total. From memory, they are people who are selected on merit and who have held usually very senior judicial office, perhaps in the constitutional court or supreme court of their own country.

European Union (Croatian Accession and Irish Protocol) Bill

Debate between Lindsay Hoyle and David Lidington

Tuesday 6th November 2012 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am aware that the hon. Gentleman has only just come in, but we do need shorter interventions. I know that he gets carried away, but I am sure that he will be shorter in future.

[Mr Lidington]

I am not going to get drawn into a historical battle about my predecessors’ record in office. I would argue that the previous Government were too reluctant to use the leverage that we had from negotiations at the time of the Lisbon treaty, but that is a matter that the House can debate and historians will no doubt wish to comment on in future, and I do not want to spend further time on it today.

The measure before us will provide for the accession of Croatia to the European Union, thus marking another step in the Government’s long-held support—this country’s long-held support under successive Governments—for the enlargement of the European Union. Enlargement has been a project whereby the European Union has benefited from the United Kingdom’s ideas, engagement, and—dare I say it?— leadership over many years and under successive Administrations.

If we compare the history of Europe in the 20 years since the fall of the Berlin wall with the 20 years following the treaty of Versailles, drawing a contrast between, in the earlier period, a time when fragile new democracies collapsed under the strain of domestic political tension, dictatorship and invasion, and, in the 20 years just passed, a time when we have seen democracy, the rule of law and human rights entrenched in ever more countries on our continent, we can see the advantage that European Union enlargement has brought, and we can be proud of our own nation’s contribution to that process. In that spirit, I ask the House to support the Bill’s Second Reading.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I call Michael Connarty. [Interruption.] Sorry, I mean Emma Reynolds.

European Union Bill

Debate between Lindsay Hoyle and David Lidington

Tuesday 8th March 2011 Commons Chamber

[Mr Lidington]

I know that the hon. Gentleman has at least been consistent in pushing that line, but I have to remind him that his party, when it was in office, and all other parties, agreed unanimously to changes to our procedures and the organisation of parliamentary time that explicitly gave responsibility for those biannual debates on European matters to the Backbench Business Committee rather than the Government.

We have heard this afternoon about the importance of decisions in the EU to everybody in the country, and it would be a good expression of Parliament’s understanding of that point if Back Benchers of all parties put pressure on the Backbench Business Committee to make a debate on Europe a priority, instead of debates on the other matters that the Committee has chosen in response to Back Benchers’ demands. Back Benchers’ priorities should be debated in Back-Bench time, and I believe that most of us present this evening would like the Committee to feel that a debate on Europe was what Back Benchers wanted. I hope the hon. Gentleman will persuade his colleagues of that.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am sure that we want to deal with new clause 1, and I am sure the Minister recognises that he is drifting away from the subject. He has been tempted all over the place, but I am sure he will want to deal with what is before us.

[Mr Lidington]

I simply remind all hon. Members who want to take forward these wider arguments that I said in my written ministerial statement on scrutiny on 20 January, which referred mostly to justice and home affairs, that the Government would

“review the arrangements for engagement on EU issues in consultation with Parliament.”—[Official Report, 20 January 2011; Vol. 521, c. 52WS.]

I invite them to take advantage of that opportunity.

I turn to the detail of new clause 1, which causes me concern because it would result in the United Kingdom having a substantially different policy with regard to information on EU decision making from that on domestic policy making. It would also represent a substantial impediment to the UK’s ability to negotiate effectively in an intergovernmental conference, in the European Council and in the Council of Ministers. As a number of Members have said, it could have a negative impact on our relationship with other member states and the EU institutions, and more generally on the process of good policy making and legislation.

The negative effect on our ability to negotiate at the Council of Ministers concerns me most. First, action to comply with the statutory duty that the new clause would impose on Ministers could reveal sensitive information about the UK’s long-term negotiating approach in a number of areas. I do not believe it is sufficient protection to say that the negotiations would be complete or substantially complete by the time the documents were made available, because it is very rare that negotiating positions taken in respect of one piece of legislation do not have a read-across to positions on other matters that will probably still be live dossiers when that legislation has been agreed to.

Secondly, complying with the new clause would mean that our tactics in negotiations would have to take into account the duty to make negotiating positions on proposed amendments public at a later stage. For example, there are occasions on which we try to persuade other member states to propose, or take the lead on, particular amendments so that we can concentrate our time and energy on different amendments that perhaps have less widespread support. If a Minister knew that he might be criticised if it became public that he had not sponsored a particular amendment, that would constrain our negotiating tactics and weaken our negotiating strategies.

I quite understand that the proponents of the new clause might want to see how a decision is made at EU level and the details of what part the UK has played in that process, but I do not want any Ministers of any Government who are fighting for Britain’s interest in future discussions and negotiations to be doing so with one hand tied behind their back. It is absolutely essential to our national interest that Ministers can negotiate effectively on behalf of our country.

As a number of Members have said, including my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips), the new clause would also have implications for information that we have on record about the positions of other member states. There is even a risk that its requirements could put us in conflict with existing European legislation. As a member state of the EU, we are party to the terms of the access to documents regulation, article 5 of which requires that when any member state intends to disclose a document originating from one of the EU institutions, it must consult that institution before public disclosure. If, under the new clause, we had to release a text submitted at a Council working group that included proposed amendments from each member state, and the agreement of the Council as a whole had not been sought or obtained, we could potentially be at risk of infraction proceedings and ultimately a fine. As the new clause is drafted, it is quite possible that our obligations as an EU member state could be at odds with the statutory duty that the new clause would create.

European Union Bill

Debate between Lindsay Hoyle and David Lidington

Tuesday 1st February 2011 Commons Chamber

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. We have already ruled on that question.

[Mr Lidington]

I think the hon. Member for Luton North (Kelvin Hopkins) is demonstrating that he has political ambitions as yet unfulfilled.

I can now assure the hon. Member for Caerphilly (Mr David) that expert advice has reached me confirming that my trust in the Electoral Commission was well placed and that the electorate of Gibraltar were indeed considered in the context of the south-west region and assessed in accordance with the Sainte-Laguë system.

The hon. Member for Wolverhampton North East asked me about the different options for selecting the additional MEPs. The protocol allows member states to choose between three options. First, member states could use the 2009 European parliamentary election results and elect the additional MEPs as if the additional seats had existed at the time of those 2009 elections. That is the method that we have chosen.

The second option would be to hold a by-election. In this case, that would mean holding a by-election in the west midlands region for a single MEP at an estimated cost of perhaps £10 million. The third option would be for member states to appoint temporarily one of their national parliamentarians to become the new MEP for the remainder of the current European parliamentary term. [Interruption.] The hon. Member for Wolverhampton North East indicates that the hon. Member for Luton North or perhaps the right hon. Member for Rotherham (Mr MacShane) might be candidates in such circumstances.

The previous Government decided in February 2010 that the UK’s additional MEP would be elected by reference to the results of the most recent European parliamentary elections, as though the additional seat had existed at that time. The present Government have continued our predecessor’s chosen approach, and the clauses are framed in that way. That is also the method used by the great majority of other member states that are gaining MEPs. In fact, some member states elected additional MEPs during the 2009 elections on the basis that they could take up their seats only once the transitional protocol had come into force.

Our chosen method avoids the delay and the cost associated with a by-election and would allow us to return the additional MEP as soon as possible after the approval of the relevant provision in the Bill. It also has the merit of being exactly the same method that we use in any case to fill a vacant British seat in the European Parliament after the death or resignation of an elected MEP. Again, these clauses and schedule 2 would apply only until the additional seat had been filled and until the next European parliamentary election, which is scheduled for 2014.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16 ordered to stand part of the Bill.

Clause 17

Election of additional MEP

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

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[The Chairman]

Order. We are getting carried away and are drifting. I am sure that the Minister wants to get back to the point.

[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.