European Union Committee on 2014–15 (EUC Report)

Lord Bowness Excerpts

Wednesday 15th July 2015 Grand Committee

[Lord Bowness (Con)]

My Lords, I thank the noble Lord, Lord Boswell, for his comprehensive introduction to the committee’s annual report for this last Session. I am fortunate to serve under the chairmanship of the noble Baroness, Lady Scott of Needham Market, who during the last Session expertly guided our sub-committee through the inquiry into regional maritime co-operation in the North Sea and through the follow-up work on food waste, which was a ground-breaking report. Noble Lords should appreciate just how much work the chairman has done to raise the profile of that issue, both at home and abroad. The report itself is a good example of the effectiveness of the committee’s work. I trust that the annual critics of the Select Committee—who, of course, are not here—will take note.

When the Select Committee made its original decision to set down its annual reports for debate, for some members, at least, there was the hope—I will not say the anticipation—that it would become an annual occasion for a far-reaching debate on European matters, covering, as it does, many of the key elements of EU activity in the past year and, indeed, looking, at least partly, to the future. Personally, I hoped that it would bring home to Members of your Lordships’ House that the work of the Select Committee is mainstream and not about obscure elements of foreign policy but about many elements of our own domestic politics. It is not just for the usual suspects, such as are collected in the Grand Committee this afternoon.

I shall also refer to the corporate knowledge of members, built up over the years, alluded to by the noble Baroness, Lady Scott of Needham Market, and the noble Earl, Lord Sandwich. I suggest that that contributes to the quality of the committee’s work and to its enviable reputation across the European Union. We really should make sure that our own domestic procedures and desire to involve more Members, with a good turnover of Members during each Session, does not adversely affect this.

The aspiration for a great debate has, I suggest, failed this year at least, as we are not in the Chamber for the first time, I think, although I emphasise that I make no criticism of the Select Committee for opting to take advantage of this opportunity to hold the debate in Grand Committee. But that sense of disappointment is alleviated by the presence of my noble friend the Minister. I am sure we are all delighted to see her in her place to respond to this important debate.

The report also looks to the future. For the sub-committee on which I serve, I believe that the work on the proposed energy union will be very important. I hope that the Minister will be able to share with us the Government’s views on the priorities of the proposal and what lead they are going to give, especially in the area of energy security and the encouragement and development of interconnectors and of pipelines to provide alternative supplies of gas, which will be needed for a long time, however much investment and effort is put into renewables. These will reduce the dependence of our partners and our immediate neighbours upon supplies from an increasingly erratic Russian Federation.

I am also sure that the Sub-Committee on External Affairs under the chairmanship of my noble friend Lord Tugendhat will have many serious matters before it. Having just come back from a meeting of the OSCE Parliamentary Assembly, one is reminded of just how fragile is stability in some areas of our near neighbours in the European Union. In the Union itself we have come to take that stability for granted. However, today armed clashes have been reported in western Ukraine, not eastern Ukraine, between the Government and extreme nationalist groups on the borders of two EU members, Hungary and Slovakia. There are serious political problems in Macedonia, a candidate country. Relations between Serbia, another candidate, and Kosovo are not resolved, although they are progressing. These events and those in Ukraine and Greece emphasise the need for our wholehearted commitment to a European Union in a form which goes far beyond a mere trading bloc.

Nationalism is not far below the surface in a number of countries, as are ethnic divides. These are encouraged, I am afraid, by some outside interests. It is very easy to mock Europe’s compromises, but where would Greece be today—sadly, it may still be—without some compromise by all parties? Despite all this, there are still nations in Europe, particularly in the Balkans, which want to be part of the Union—not just for trade and free movement but for what the EU symbolises—and we should not allow their aspirations to wither on the vine. A candidate country such as Macedonia is concerned not merely about the lack of progress towards membership of the EU and NATO and political instability within but the consequences of instability in Greece.

Whatever our views about the euro, austerity policies or the actions of the present Greek Government, we have an interest here in the UK in ensuring that Greece remains within the EU and is not allowed to fall under the influence of malign forces that are epitomised by the Russian Federation, which is very active in that part of the continent. I respectfully suggest to the Minister that it is in our interests to see the Greek economy start to grow, as it was doing before the present Greek Government came to power, and for the Greek people to be able to see an end to their ordeal, which has been far greater than that of other countries which have fallen into economic difficulties.

Apart from its own economic ills, Greece is struggling with the problem of migrants fleeing Syria through Turkey and into its islands. I know from the press that we here in the United Kingdom have not looked too kindly on suggestions that the European financial stabilisation fund could be used for assisting a further bailout. I know that my right honourable friend the Prime Minister claimed as a success the pledge that that fund would not be used for such purposes and that UK taxpayers are protected from any exposure. That was a very laudable aim and was an achievement at the time. However, circumstances and needs change, and perhaps as a country which takes pride in its foreign aid budget—which goes in some instances to countries whose needs and governance may be open to question—we may at least consider the needs of the Greek people and whether funds could be used, if not for bailout, for aid to stimulate growth, subject, of course, to safeguards.

It took the United Kingdom until 2006 to complete the repayment of post-war loans of some £27 billion—at 2006 prices—from the United States and Canada. That loan was a fraction of the amount owed by Greece, yet it still took us, with all our resources, 61 years to repay it. If self-interest is our guiding star, including in our negotiations over our future in the European Union, the need for stability of one of our partners in a key part of our continent may be reason enough for a change of heart and the expression of a little solidarity with the Greek people and our partners.

European Union (Definition of Treaties) (Association Agreement) (Georgia) Order 2015

Lord Bowness Excerpts

Thursday 26th February 2015 Grand Committee

[The Earl of Dundee (Con)]

My Lords, all of us will be grateful to my noble friend for her presentation of these orders. As outlined, the association agreements are intended to deepen political and economic relations between these states and other parties.

Neither Georgia, Moldova nor Ukraine is a member of the European Union; however, all three are members of the Council of Europe and its 47 states’ affiliation. By the Council of Europe, the three states are already held to account for meeting obligations. This occurs through its Parliament, through monitoring mechanisms—for example, CPT, ECRI and FCNM—and at the Court in Strasbourg.

Clearly, we want to avoid double handling or reinventing the wheel unnecessarily. This would occur if a branch of the European Union or some other improvised European process should try to set up its own rule of law mechanism for monitoring and deployment—not least if such should be attempted in connection with the association agreements that we are considering.

Can my noble friend assure us that such double handling is not envisaged and will not occur; and that, instead, today’s association agreements can therefore progress constructively and creatively, and be facilitated by Council of Europe structures that are already in place?

[Lord Bowness (Con)]

My Lords, I thank the Minister for her clear explanation of the orders, and I am sure that we are all grateful to her for bringing us up to date on the situation in Ukraine. I should say at the outset that I support the orders and the fact that the European Union has entered into these association agreements with Ukraine, Moldova and Georgia.

These countries have two things in common: first, they are victims of territorial disputes and, secondly, all have sought a European and westward-looking future. Ukraine is, of course, in the forefront of the news today, and the dispute over Crimea and part of eastern Ukraine sadly seems likely to be added to the list of frozen conflicts, joining those in South Ossetia, Abkhazia in Georgia, and Transnistria in Moldova.

I have just come back from the meeting of the OSCE Parliamentary Assembly, where discussion about the situation in Ukraine dominated proceedings. However, deep concerns were also expressed about Russia’s intentions in respect of Moldova and Georgia—and the Baltic states, which are outside the area we are discussing. We must do everything we can to anticipate Russian intentions towards these states and not allow the dissident parts to provide the excuse for Russia to undermine the rest of the country seeking a different, European and democratic future. We have already seen Armenia turn its face against an association agreement.

This afternoon is not the place to go into these situations in detail but, while I entirely agree that Russia should not have a veto over the future of any sovereign state, it is important that the position of the European Union and our Government is clear—namely, that although the agreements are a welcome step to inclusion of these countries in Europe, there can be no question of accession to the European Union while these territorial disputes exist. Unless we make that clear, we stand the risk of dashing the hopes of many citizens in those countries, and that can lead only to disillusionment with the European Union and the West in general.

Nevertheless, we should adopt the agreements with enthusiasm and offer as much assistance and economic help as possible to buttress the sometimes fragile democracies that exist in these countries. The agreements are with each of the three countries and the Governments of those countries do not recognise the independence of or the occupation of part of their respective states. It may be an academic point, but the agreements make no reference to these facts. My noble friend referred to businesses in Transnistria; are we quite satisfied that the benefits of these agreements cannot be claimed by businesses— which are no doubt very inventive as to where goods are produced and subsequently exported from—which are in fact based in these disputed territories? If that is considered to be too fanciful, are we in any circumstances under the agreements able to differentiate between the three sovereign states and their Governments and the areas over which they have no control and are in dispute?

[Baroness Ludford (LD)]

My Lords, I also thank my noble friend the Minister for her helpful introduction and explanation of the situation. I spent many years making EU law, but perhaps not so much time implementing it, and therefore I am not familiar with this process. Before moving on to other things, perhaps I could ask about the draft Explanatory Memorandum. It explains that one of the effects of the order, declaring that the agreement is to be regarded as an EU treaty under the ECA 1972, is that certain rights and obligations under the agreement automatically become law in the United Kingdom and then subordinate legislation can be made to give effect to the provisions of the agreement. I am not clear which rights and obligations automatically become law. It may be that the noble Baroness can take me aside at some point and explain how all this works, and that will clear my confusion.

My more general point is to strongly welcome these association agreements. I agree with everything the noble Baroness has said about the prospect of not only greater prosperity for the citizens of these three countries, but also greater security for the European Union, and I agree that the prospect of better energy security is a factor in that discussion.

I take the point made by the noble Earl, Lord Dundee, about the role of the Council of Europe. It is important that the roles of the EU and the Council of Europe should be complementary. It is fair to say that the EU has much greater resources than the Council of Europe; we know that the Council is always stretched for money, partly because its member states do not give it enough. They should not trip over each other. At one point there was a tendency for the EU to sort of push aside the Council of Europe, which is not a clever idea. The EU needs to come in as a complementary body, and of course it has another role to play in terms of the economic and trade relationship. However, for the rule of law, fighting corruption and an independent judiciary, obviously we have the whole Strasbourg package—aquis, if you like—and that is essentially what the EU wants to implement. There should not be any institutional jealousy between the two organisations. Sometimes during my time as a Member of the European Parliament, there was evidence of a bit of that. After all, the EU pinched the flag of the Council of Europe. However, it is important that the two should work together so as to add value to each other.

I welcome what the Minister said about the provisions on the rule of law and the fight against corruption which have been in force since last November. I should like to stress the importance of that. If we look at the history of countries acceding to the EU, although I know that this is not about accession, it is arguable that not enough was done in these areas before they were admitted to the European Union and there have been continuing problems in the existing member states. More must be done. We really need to front-load this issue. You cannot have a flourishing economy or property rights without an independent judiciary. It is almost more important even than democracy, in a sense. Certainly, some drew that conclusion from the western Balkans. You cannot have economic reform, as I say, without a strong independent judicial system.

I agree with the Minister that, while we must not overstate it, these association agreements have the potential to have a beneficial effect on the prospect of dealing with the conflicts because the people in the breakaway regions would be able to see the benefits of participating in a deep relationship with the EU and would want a slice of the action. But the association agreements of themselves are not going to solve the conflicts.

I welcome what the Minister had to say in going slightly outside the scope of these orders to update us on the situation as regards Ukraine. In that context, I am extremely shocked to read today that the President of the Republic of Cyprus, Mr Anastasiades, on a visit to Moscow, has formalised an agreement for Russian warships to use Cypriot military bases and has also spoken against EU policy on Ukraine. We know that there is press commentary on the difficulty of keeping together a common EU policy on sanctions and the prospect of tightening sanctions on Russia. There were worries about Greece. There have been worries about Hungary, of course, which I mentioned in the House the other day. Mr Orban hosted President Putin the other day. I personally find this the most extraordinary disloyalty by EU member states towards a common EU policy on Russia. I hope that some very candid words are being shared around the European Council table with some of our member states.

I know we have just a short procedure here so I will not go on. These association agreements are extremely welcome. Perhaps from smaller acorns big things will grow. One day, perhaps, one or more of these countries will be eligible to join the European Union. This is not the time and there is no guarantee of that. Personally, I hope that it might be possible for at least some of them and this at least leaves the door open. But as the Minister said, it is their sovereign choice what relationship they want with the EU. All parties in the UK have always supported the process of enlargement and the European Neighbourhood Policy, because it is not just for benefit of those countries; it is for our security.

EU: UK Membership

Lord Bowness Excerpts

Tuesday 25th November 2014 Lords Chamber

[Lord Bowness (Con)]

My Lords, I congratulate the noble Lord, Lord Liddle, on introducing this debate and making the case for our membership of the European Union. I hope that the Minister will feel able to endorse the need to make the case without qualification because, whatever we seek in renegotiation, it is important that our wish to remain a member is without qualification. This is particularly important as exit is now openly discussed as a possible, if not preferred, option, and some members of the Government seem openly to contemplate the possibility of campaigning for a no vote if in their view the negotiations are unsuccessful.

A former member of the Government has suggested that we invoke the provisions of Article 50, giving notice to leave at the commencement of negotiations. Will my noble friend confirm that this procedure would in fact be a decision to exit with or without a replacement agreement within a maximum of two years and without reference to the British people?

We welcomed the states of eastern and central Europe as members. We accepted their immigrants’ contribution to our economy, but now we refer to that as if it had all been a great mistake and one which we will not repeat. That is not a way to win allies in the European Union. We are ready to accept doctors and other professionals trained and educated at the expense of other poorer member states but would consider denying less skilled working men and women working benefits. Until the rules change for everyone, that would be discrimination against—if I may use the phrase—hard-working EU citizens.

Policies are not always popular with voters, and we have to give a lead. Foreign aid is a case in point. But my right honourable friend the Prime Minister has declared it to be his proudest achievement in office, and it has a budget coincidentally very similar to the net contribution of the UK to the EU. We have come a long way, since the Prime Minister rejected the idea of a referendum, to voluntarily donning a straitjacket and pledging an “in or out” vote by the end of 2017, despite the fact that it will be extremely difficult to complete negotiations—including, as has been mentioned tonight, an IGC involving treaty change—within the timescale. That will be particularly difficult since we have chosen to leave the European People’s Party, depriving us of friends with any influence.

What do we want that involves treaty change? Competiveness and less regulation do not require treaty change or an “in or out” vote. So what are we seeking? Some change to the status of Norway or Switzerland, which is effectively a decision to leave? Or changes to fundamentals such as the freedom of movement? I beg my noble friends on the Front Bench to realise that we have to stop playing to the prejudices of those whose only agenda is for Britain to leave the European Union. It has not been successful so far—it has taken us to Clacton and Rochester, and it may take us further down a road we do not want to go.

The European Union has been the most successful voluntary union that the world has seen, and the United Kingdom should be playing a leading role, whether for example in promoting energy security and alternative sources of energy or ensuring that the combined military resources of the member states are used to the greatest effect. However, I do not intend to take time arguing the economic case.

There is, however, another case—what I could perhaps describe as the moral case—and that is the desirability and need for a strong united European Union including the United Kingdom. Some argue that the European Union founded to ensure peace in Europe is no longer relevant and that war between any of the 28 member states is unthinkable. But we are seeing the unthinkable very close to our borders. Nationalistic tendencies are to be found in a number of member states and, it is reported in today’s press, are funded perhaps by Russia. Peace and stability in the Balkans owes much to the prospect of membership, where it remains a spur for reform; and reform, stability and democracy on our borders are very much in our interest.

There are not likely to be many, if any, new accessions in the next five years but the negotiations must go on. There may be transitional arrangements, including free movement, but the basic principles must remain, and we must not kill the hopes and aspirations of those countries that seek membership. To have transitional provisions which are dependent on a country achieving comparable levels of GDP before migration is permitted is to deny people the opportunities others enjoy.

A UK exit would be a major blow, not for us only but for the European Union. However, we may be deluding ourselves if we believe that the 27 other member states will agree anything merely to retain our membership. Let us remember that we have been fortunate in recent times not to experience invasion, occupation or dictatorship. For those who have, the ideals of freedom of expression and movement, democracy and much more are the hallmarks of the EU and the institutions which guarantee it. It is time for us to have the humility to recognise this, to make our case for membership with our own British people and to work with our friends, not treating them as our opponents.

Crimea

Lord Bowness Excerpts

Thursday 13th March 2014 Lords Chamber

[Baroness Warsi]

My Lords, I hear what the noble Lord has to say but the Government’s clear view, and indeed the view of the EU and the US, is that this matter needs to be resolved through political and diplomatic means.

[Lord Bowness (Con)]

My Lords, does my noble friend agree that the actions of the Russian Federation are clearly contrary to the provisions of the Helsinki Final Act? Therefore, what role does she see for the OSCE in this matter? What discussions are we having within that organisation? Are any actions proposed? I ask these questions as a member of the OSCE parliamentary delegation.

[Baroness Warsi]

I agree with my noble friend’s assessment of the situation. He may be aware that OSCE observers are on the ground at the moment in Ukraine. They have not been given access to Crimea. They are there at the request of the Ukrainian Government. We feel that further access should be given so that we can get a better assessment of the situation on the ground.

European Union (Referendum) Bill

Lord Bowness Excerpts

Friday 24th January 2014 Lords Chamber

[Lord Bowness (Con)]

My Lords, I have put my name to Amendments 10, 23 and 24 in this group. Sitting on the Conservative Benches in your Lordships’ House, I should perhaps explain why I have done so. I did so because I believe that it is in the interests of not only the United Kingdom and the European Union but also of the Conservative Party to ensure that my right honourable friend the Prime Minister, if he is the Prime Minister after the next election—on these Benches we hope that he is—is not placed in a straitjacket into which we are in danger of tying him if the provision in this Bill is not amended as suggested by the noble Lord, Lord Kerr of Kinlochard.

Can I just take a moment to remind the House of the history of this matter? We as a party have moved from a position of total rejection of a referendum to the promise of one in the next Parliament to the acceptance of a Bill in this Parliament and, sadly, to the inadequate Bill that now is before us.

The noble Lord, Lord Kerr of Kinlochard, has gone through in considerable detail the necessary steps which have to be taken to achieve an amendment of the treaties. I will not weary your Lordships by reading out or referring to Article 48 of the Treaty on European Union. Suffice it to say that it encapsulates all those steps. Suffice it to say also that this is not the first time that I have asked in your Lordships’ House this question of my noble friends on the Front Bench: how is it envisaged that you can negotiate meaningful, serious and significant changes within the period 2015 to 2017, given the provisions of the treaty by which we are bound? The answer cannot be that there is a fast-track procedure, because that is for small matters. If we are talking about only small matters, why are we going through this agony here today?

I suggest that the date is not practical. It is possible to envisage a situation where negotiations are not completed before the deadline is reached. What happens then? Do we have a referendum on incomplete negotiation? What will be the position of the hoped-for Conservative Government and the hoped-for Conservative Prime Minister then? What recommendation will he or she make to the country? The Prime Minister has said that he wants to campaign enthusiastically, post negotiations, for the United Kingdom’s continued membership of the European Union. I therefore address my remarks particularly to my noble friends on this side of the Committee. If we support him in that statement of policy, let us ensure that he has the space to do the job he has told us he wants to do, and if we do, that we will support the amendment moved by the noble Lord, Lord Kerr of Kinlochard.

[Lord Anderson of Swansea]

My Lords, the noble Lord, Lord Bowness, has made a brave speech and, dare I say, a consistent speech because the position he has outlined is that which was taken by the Prime Minister and the Foreign Secretary in 2011. He is therefore being consistent, and one could well ask why there has been a change to what he referred to as the downward slope. Historically I could make the same point over a rather longer period.

When as a young man I joined the Foreign Office in 1960 and was doing some work for Mr Edward Heath, at that time the Conservative Party was enthusiastically in favour of Europe. I concede that in 1983 there was an appalling manifesto from my party—the death warrant. Then there was a reversal of the parties. Mr Major had a torrid time with people whose paternity he doubted, but the problem is that the people whose paternity he doubted are now in the driving seat of the Conservative Party. Mr Major has made very clear his own position: he does not support Mr Wharton’s Bill, which is masquerading as a Private Member’s Bill.

It is clear that the date is crucial, so why was it chosen? I picture a little conference in the darkness of the night in Downing Street, with a large bran tub with a series of dates in it. Someone pulls a date out of the tub and says, “Why not 2017?”. It appears to be as arbitrary as that. We have been given no serious explanation of why it should be the date, but we have been given a very good explanation by the noble Lord, Lord Kerr, as to why it should not be used. We have the good fortune to have in this House the noble Lord, Lord Kerr, who has immense experience of negotiating with our European partners. We also have the benefit of the noble Lord, Lord Hannay. Having been our ambassador in UKRep in Brussels, he knows where the bodies are buried, how negotiations are carried out, and about the need to build up a team in support of the position one wishes to favour. That is the real battle.

European Union (Referendum) Bill

Lord Bowness Excerpts

Friday 10th January 2014 Lords Chamber

[Lord Bowness (Con)]

My Lords, I thank my noble friend Lord Dobbs for his introduction to the Bill and his explanation of why your Lordships should not attempt to scrutinise and maybe as a consequence amend this Bill. As you would expect, he told a compelling story, but I regret to say that, despite advice to the contrary from many distinguished colleagues on this side of the House, I remain unconvinced that we should accept a Bill of this importance without proper consideration. Opposition to giving the electorate a referendum on any terms is not to seek to deny them that referendum, but this Bill in its current form may well be detrimental to all our interests.

I share with other noble Lords at least two concerns about the Bill. The first is about the question, which has been referred to many times. It is clear from the report of the Electoral Commission that it has concerns about the neutrality and clarity of the question. My noble friend questioned the consultation, but with respect he cannot question the unambiguous recommendation, and no doubt this will be pursued in Committee. If there is indeed a referendum and a future Conservative Government are campaigning in favour of the United Kingdom’s continuing membership, they may well find themselves at a disadvantage if the question leans against a yes vote, since I fear that it is almost certain that the Conservative Party will not be united behind a recommendation to stay in on any terms which retain the essential principles of the European Union. I do not seek a question which leans the other way, merely one which is neutral and fair.

My second concern relates to the date. This could put a negotiating Prime Minister at a huge disadvantage if critical negotiations were not complete by the time when the date for the referendum arrived. The timescale is in my view unrealistic. If we are seeking significant changes, which may well involve treaty change, the fast-track procedure in the Lisbon treaty will not be available, and the normal procedures under Article 48 take time. I have asked in previous debates how it is anticipated that this will be resolved in two years, between 2015 and 2017, but I have not received an answer. I hope that the Minister or my noble friend Lord Dobbs may address that when replying.

For those reasons and others, I do not believe that we should abandon our usual scrutinising role. I know—I am not comfortable about it—that many of my noble friends will consider this an act of considerable disloyalty to the party but, more importantly, detrimental to your Lordships’ House. I regret that.

However, perhaps we might examine the history of this issue without calling into question anyone’s motives. Originally the Prime Minister resisted calls for a referendum but after a large vote, against a three-line Whip, it was promised for the next Conservative manifesto. Those who, like me, question the wisdom of referenda generally accepted the position, as I do today, although I would campaign for a yes vote and for the UK to stay in the European Union. A Bill to provide for the referendum was then demanded and when it was not included in the gracious Speech, government Members in large numbers, unusually, voted against their own gracious Speech. A Bill was then produced, to be taken up by any Member successful in the Private Members’ ballot.

The question in that draft Bill was very close indeed to the suggestion and recommendation of the Electoral Commission, unlike that which is in the Bill before your Lordships today. But even if that were not enough and the potentially skewed wording of the question in the Bill were substituted for that in the draft, we are now in this position. In the latest instalment of this story, we are being asked to accept a position into which we have been placed because some people have been unwilling to accept the word and leadership of the Prime Minister.

I cannot accept accusations that concerns about the Bill, if it is pursued, amount to an attempt to deny the people a vote. The pressures of time were not of our making but of those who precipitated a Bill despite the original policy of my party. I hope my noble friends will at least understand that I find that unacceptable, and therefore my unwillingness to accept the Bill as it stands, and that, upon reflection, my noble friend Lord Dobbs and the Minister may engage as they would in connection with any other Bill to see how the question of amendments and timetables might be resolved within the proper proceedings of not only this House but the other place.

EUC Report: Court of Justice of the European Union

Lord Bowness Excerpts

Wednesday 9th October 2013 Lords Chamber

[Lord Bowness (Con)]

My Lords, I wish to do little more tonight than support the noble Baroness, Lady Corston, in her plea to the Government for answers to those questions and particularly that they ensure that additional judges are indeed appointed to the General Court as soon as possible. As the noble Baroness has told the House, the committee concluded that this was necessary some time ago while I had the pleasure of serving on that committee and nothing, to my knowledge, has changed. I am pleased to say that, from the Government’s response to the follow-up report, they now appear to agree that the case for increasing the number of judges has been well made. If that is indeed the case, I am pleased that they have been converted to the idea. As I have said on previous occasions, I trust that resources will not again be considered the problem.

A robust functioning legal system is invaluable. The rule of law in the widest sense is perhaps the greatest bulwark against bad government, and preserving the quality and effectiveness of the European Court system is important. The court is a vital institution for the proper functioning of the Union. Without the court we have nothing to buttress the operation of the single market which is so much more complicated than a trade deal and is, we are told and all agree, essential for our interests.

The question of resources should be put in the context of the sums involved. From an overall EU budget of the cost of the court is just over 0.25%. It is difficult to know how much the United Kingdom contributes to that because statistics do not give a breakdown. However, on the basis that we contribute something like 11.5% of our share to the overall EU budget, our share of the court budget would be £32 million.

Put into context, we are quite happy to spend some £25 million, if a Statement made by my right honourable friend the Foreign Secretary in July of this year is correct, on various international tribunes, all of which are very worthy, but are certainly no more important than the Court of Justice of the European Union.

The issue, as the noble Baroness, Lady Corston, has indicated, is how we appoint these additional judges. I am rather disappointed that paragraph 10 of the response says:

“The Government looks forward to examining detailed proposals in the Council”.

We all look forward to something coming; the question is, what are we going to do about bringing it forward? I understand and, to some extent, support the principle of a merit-based system, but if not, I am at a loss to understand why the procedures for the appointment of the advocates-general cannot be used.

I am sure that we are all delighted to see my noble friend the Minister on the Front Bench replying to this short debate on what, in the scheme of the many things with which she is concerned, may appear a small matter. It is nevertheless an important matter for the European Union. I will therefore perhaps trespass upon her good will to seek assurances from her that the Government will keep this matter, and other important matters within the European Union, at the forefront of the agenda at European Union meetings, taking positive steps to ensure that they are considered.

The United Kingdom could have great influence. Indeed, we often speak of our worldwide influence, so it would be good to know that that influence can be brought to bear within the European Union. There are matters which are not for the grand world stage, not the material of headlines but important nevertheless. If I may stray slightly from the topic, there are problems such as progress on the admission of Macedonia, Moldova, Transnistria, Serbia and Kosovo to name but a few. Of course, there is also the problem of more judges for the General Court—another kind of problem but one that needs a solution.

I believe that a British lead on such issues would be both welcome and constructive, and a change—if I may say so—from our apparent obsession with our relationship with the European Union.

--- Later in debate ---

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con)]

My Lords, I am grateful to the noble Baroness, Lady Corston, for opening this debate, and also to all members of the sub-committee on justice, institutions and consumer protection—both for their report and for their continued interest in this matter. I am also grateful to members of the European Union Committee. I am grateful to the noble Baroness for her detailed opening remarks, some of which I may repeat for the record.

A well functioning European Court is in the interests of all EU member states. I accept the view of the noble Lord, Lord Liddle, that it is in our national interest too. The Government have consistently supported efforts to reform the court to uphold the integrity of EU law and to increase the capacity and efficiency of the court. We all benefit from effective EU law—including British businesses operating within the single market. I accept the views of the noble Lord, Lord Liddle, on that. In evaluating any proposed reforms, the UK has been keen to ensure a number of things. First, reform should promote the effective passage of justice. Secondly, it should be based on clear evidence of need. Thirdly, it should not place additional burdens on the EU’s budget. Fourthly, it should avoid full-scale treaty change; and fifthly, it should be acceptable to Parliament.

Since the European sub-committee’s initial report in 2011, several useful reforms have been implemented. These include increasing the number of judges in the Grand Chamber from 13 to 15; streamlining procedures by, for example, abolishing the requirement to read the report for the hearing in full; allowing for the appointment of temporary judges to the Civil Service Tribunal and establishing a new office of vice-president in the Court of Justice and the General Court. In the debate of 23 July 2012, when this House agreed to support these changes, my noble friend Lord Howell noted that they were fairly modest. The Government agree that their impact on the processing speed of the court is also likely to be modest. However, we believe that even a modest impact is to be welcomed. Given that these measures came into effect only towards the end of last year, it is too early to assess their substantive impact. We will monitor their effect over the coming months.

Moving to more substantive reforms, your Lordships will remember that earlier this year, the Government received the approval of both Houses to agree to increase the number of advocates-general at the Court of Justice to nine from 1 July 2013, and to 11 from 7 October 2015. The Government share the belief of the sub-committee that this reform will help the court to handle cases more quickly and improve the quality of decision-making. At the Council of Ministers meeting in June, the Government agreed to this reform. We expect the first of these additional appointments—a permanent Polish advocate-general—to be made soon. This appointment will bring Poland into line with the other “Big Six” member states, including the UK, all of which have permanent advocates-general. The two other additional advocates-general will increase the existing rotation system from three to five. Under the current arrangements, we expect that the first two, due to be appointed in October 2015, will be Czech and Danish.

In its request, the court sought to have the first additional advocate-general in post from 1 July 2013. Since this request was made only on 16 January 2013, and as the Council agreed to it only in June, this was always an ambitious timetable. The Poles estimate that their nomination process will take four months. We therefore expect that we will shortly be presented with the Polish nomination. The court and other member states are keen for the Polish advocate-general to be in post as soon as possible. The UK therefore stands ready to approve any suitable candidate.

Most of these reforms have concentrated on the Court of Justice, so there is now a need to focus on reform to the General Court. The Government share the European Union Committee’s eagerness for a resolution to the question of additional judges for the General Court. These negotiations have continued since March 2011, and still seem some way from a successful conclusion. While there is a case to be made for additional judicial appointments, the questions of how many more judges there should be, and how they should be appointed, remain open; as does the question of cost-effectiveness. In particular, the debate on selection method has reached an impasse. The political reality is that there is currently no agreement on any particular system.

The Government have a set of key priorities. Among other things, we want to ensure that the legal expertise and judicial memory of the court remain strong, that there is an appropriate balance in terms of the representation of common and civil law and that reforms are cost effective. Within this framework, the Government are maintaining a flexible stance in negotiations to help to facilitate an agreement. We are working hard to find a solution, and I assure my noble friend Lord Dykes that we are committed to finding a solution on which necessary agreement can be reached.

In response to the noble Baroness, Lady Corston, the Government believe that increasing the number of judges in the General Court could form part of the solution to the problem of the court’s backlog of cases but, alongside this, we think that the court must also review its working practices and processes to ensure that they are as efficient as possible. In this context, we are expecting the court to publish a recast of its rules of procedure later this year and to submit it to the Council for approval.

A merit-based system would better meet our priorities than the rotation-based systems previously discussed, and I should like to think that UK judges would have a good chance of nomination under those circumstances. The problem, however, is that there simply is not the consensus in the Council that would be needed to move towards a merit-based system. Many details still need to be worked out, and many states have strong objections in principle. That said, we are encouraged by President Skouris’ comments on the benefits and feasibility of a merit-based system, and we look forward to negotiations continuing.

I hear what my noble friend Lord Bowness said on budgets. In the current economic climate, there is an imperative on all the EU’s institutions to reduce their administrative costs. The Government have been clear throughout that any additional advocates-general or additional General Court judges should not result in an increase to the EU’s budgetary demands. We believe that the relatively small additional financial pressures of appointing the advocates-general can be met from within the court’s existing budget, which was more than €354 million for 2013, and which the court has underspent in previous years. When we agreed to these appointments at the Council of Ministers meeting of 25 June, we submitted a statement noting this expectation. Likewise, we will continue to emphasise that any additional reform costs must not create pressure for an increase in the EU’s administrative budget. During discussions on the annual budgetary framework next year, we, alongside like-minded member states, will press very firmly for costs to be met from within the court’s existing budget.

I note what my noble friend Lord Dykes said, but in the current economic climate there is an imperative to find ways to reduce administrative costs. In the same way that we have asked our domestic institutions to do more, we look to the EU to do likewise. I also assure him that we are heavily engaged on a wide range of European issues. My honourable friend the Minister for Europe regularly updates Members of your Lordships’ House on the broader issues raised by my noble friend Lord Bowness.

The Government are committed to promoting the effective passage of justice by the Court of Justice of the European Union. We believe that the appointment of additional advocates-general, alongside the reforms that the court has already made, will contribute to this goal. The Government will continue to work closely with the court, the Commission and other EU member states to identify and take forward both long and short-term solutions to the General Court’s backlog, and we will continue to explore the full range of options for structural reform in order to find a solution that meets the objectives I have outlined today.

[Lord Bowness]

When does my noble friend anticipate that this matter will next be before the Council?

[Baroness Warsi]

I do not have that information to hand, but I will write to my noble friend with full details.

EU: UK Isolation

Lord Bowness Excerpts

Monday 22nd April 2013 Grand Committee

[Lord Bowness]

My Lords, I thank my noble friend Lord Dykes for posing this timely question, which should concern everybody who wants to see the UK remain a member of the European Union. That, of course, includes my right honourable friend the Prime Minister who sought to make that clear when he indicated his intention to attempt a renegotiation of our relationship with Europe, to be followed by a referendum on the outcome.

Whether intentionally or not, that has put on the table the possibility of the UK leaving the European Union with all the uncertainty that that creates in people’s minds and the regrettable boost which has been given to UKIP and its fellow travellers. Leaving to one side the question of a referendum, which I personally regret, the UK has to have a twin-track approach if there is to be anything approaching a successful outcome of any negotiation and subsequent referendum. To achieve the first, we have to be clear and realistic about what it is we seek to change. The Government’s review of competences will not be complete until the autumn of 2014. There have been press reports that at least two member states—France and Germany—have refused to contribute to the process. Is that correct? I do not expect my noble friend to disclose details of the observations of individual member states but can she indicate whether there have been any responses from anyone and, if so, the nature of those responses?

The Prime Minister is reported to have discussed the question informally with the German Chancellor. Have we already formed a view about what we seek to change prior to the outcome of the competences review and, if so, what is the point of the competences review? Are Ministers looking at matters which could be dealt with by an amendment of existing European legislation? This may be a more productive route and likely to find us more friends among other member states as opposed to treaty change. If we seek treaty change for our benefit, shamelessly exploiting the possible need for eurozone members to make changes for the economic governance of the eurozone, how will we prevent the other member states raising their own particular issues and how many will welcome that process being turned into a wholesale treaty review? Might they not prefer to come to their own arrangements not involving treaty change and, therefore, maybe not involving the United Kingdom? If substantial treaty change is in mind, how do the Government intend to achieve this between 2015 and 2017—the date of the promised referendum—bearing in mind the Lisbon treaty provisions regarding substantial changes?

For us to have influence within the European Union, whether in the Prime Minister’s promised renegotiation or generally, the atmosphere has to change. We must sound as if we want to remain members, recognise negotiations are negotiations, and bring an end to what I have previously described as the current attitude of preferred disengagement. Language and tone for those to whom it is directed and the climate it creates are extremely important.

We have talked of actively discouraging citizens of Romania and Bulgaria from coming here when they become legally entitled so to do. We have thereby created a climate whereby the desirability of having admitted citizens from other EU member states after 2004 is now called into question. Such careless language, which we would not use in respect of nationals of other countries outside the EU, does not win allies, especially when it appears to question one of the four fundamental freedoms of the Union. Can my noble friend state categorically that none of these freedoms is questioned?

The second track, which we must follow if we are to succeed in convincing our partners that we are in the Union for the long run and to win any referendum subsequent to renegotiation, is to put the case for membership unambiguously, enthusiastically and now. The Conservative Party must make it clear that we are not going to dance to UKIP’s tune. UKIP policy on Europe is not the policy of the Conservative Party. The Tory party must not allow itself to become an umbrella under which the otherwise unelectable articulate UKIP views. In passing, would it not be a good thing to change the system of election from closed lists to open lists so that voters who wish to vote Conservative may do so without having to vote for candidates who display Tory colours but UKIP tendencies?

If we are seen to put the case for Europe without threats of withdrawal, there may be a chance of achieving some successes and reforms that might resonate with other member states, and of winning a referendum. Failure to show our desire to be fully involved now and in the future can only reduce our influence to our own detriment.

--- Later in debate ---

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)]

My Lords, I congratulate the noble Lord, Lord Dykes, on securing this important debate. Our discussions on this subject are timely as the Government continue to work effectively with partners across the EU to agree on practical, pragmatic reforms that are good for the UK and the European Union. I hope that the noble Lord, Lord Liddle, realises that in that statement I have probably answered his second question.

My noble and learned friend Lord Howe of Aberavon is right to say that the UK needs a positive vision. I believe that we have one. The Prime Minister has set out his vision for keeping the UK at the heart of a reformed EU. It is a vision of a more competitive, adaptable and flexible EU with a strong mandate from the citizens of the EU. I thank the noble Lord, Lord Birt, for his positive comments and assure him that the Prime Minister’s approach is one of reform and commitment, not of obstruction and exit. Unfortunately I disagree with much of what the noble Lord, Lord Hannay, said, but I can assure him that policy reform is a key element of the Prime Minister’s speech, and I agree that the European Union is about much more than just a single market. There is more that we can do to make the common foreign and security policy more effective and to step up the agenda on enlargement, trade development and other matters.

The noble Lord, Lord Jay, referred specifically to a coherent EU of 27 members. I believe that the Prime Minister has set out his vision that tries to address that, based on boosting the competitiveness of the EU as a whole and ensuring fairness for those inside the eurozone and also for those outside it.

I shall return to the original question raised by the noble Lord, Lord Dykes. His question is quite clear; I want to be equally clear in my response. The UK has not been, and is not, isolated in the European Union. The proposals the Prime Minister has set out for reforming the EU ensure that this remains the case. This view is shared by others. The responses of many of our European partners to the Prime Minister’s speech in January acknowledged the key role the UK plays in the life of the EU.

Many also agree on the need for reforms: countries such as Portugal, Sweden, Austria and Estonia have all said so recently. The Netherlands, Finland, Hungary, Portugal, Belgium and the Czech Republic have all said that they too want a more flexible, diverse and democratic European Union. The Prime Minister of Italy at the time, Mario Monti, said he shared the Prime Minister’s opinion that prosperity and growth must be Europe’s priority. Noble Lords can see that the idea of the UK being isolated from partners such as these who are on the record as agreeing with the importance of our reform agenda does not stand up to scrutiny.

The supportive words of our European partners are valuable, but I want to talk about actions, not words. I ask noble Lords whether an isolated member of the EU could achieve the scale of progress we have recently achieved in reform-focused decisions across so many EU policy areas. The Government have, as usual, been busy, influential and successful. Let me share with you some examples. The noble Baroness, Lady Quin, asked specific questions on policy areas, and I hope that some of these examples will answer those questions. Last December, we worked with partners such as France and Germany to secure an agreement on banking union which preserved the integrity of the single market. In February this year, we led efforts to finalise a deal on a unified patent court which will reduce costs for businesses and encourage innovation. Just last month, we worked with other states including Denmark, Germany, Sweden and the Netherlands to abolish the policy of discarding caught fish as part of a wholesale reform of the common fisheries policy.

We delivered the first ever cut in the multiannual financial framework. This is an excellent example of how we have worked with our European partners. Few were happy with the idea of reducing the budget when we started negotiations, but we worked hard to form a coalition and persuaded all member states to agree a good deal for European taxpayers. In the European Union, you cannot reach agreements like those with 26 partners if you are unsupported and isolated.

The EU and the US recently announced their decision to pursue negotiations on a free trade agreement. It is influential member states such as the UK which drive this process behind the scenes. Such agreements are of critical importance to growth and prosperity across Europe and the United Kingdom.

In 2011, we concluded a free trade agreement with South Korea. Last year, we reached agreement with Singapore. This year, the UK is continuing to play its usual leading role as we come close to concluding talks with Canada. If we completed all of the negotiations on agreements currently on the table, it would be worth an additional €60 billion for the EU every year, according to the European Commission. From free trade to fisheries reform, from banking union to bailout rules, we continue to agree sensible changes to benefit the UK and the European Union.

The noble Baroness, Lady Quin, raised the specific issue of banking union, as did other noble Lords. Our key objective is to gain member states’ support that no banking union measures harm the unity and operational integrity of the single market. Banking union is a single currency and not a single market issue. As the UK is not a member of the eurozone, we have been clear that the UK will not participate in the sharing of eurozone risk or the new supervisory system. However, while it is for those who will join the banking union to design the framework, the UK will continue to play an active role during negotiations to ensure that the operational integrity of the single market is protected.

The noble Baroness also raised concerns that the Government are in the minority on the issue of bankers’ bonuses. This is clearly a very politically sensitive issue within the European Union at the moment. This made the debate very difficult. We voted against Capital Requirements Directive IV. Obviously we are not satisfied with the outcome. We have argued that the agreement on remuneration will have an adverse effect on financial stability. But this should not obscure the fact that many aspects of the agreement represent a positive achievement for the UK such as on higher prudential standards and the treatment of investment firms.

The right reverend Prelate the Bishop of Exeter asked, “Is this reform or repatriation?” as detailed in the Prime Minister’s speech. I can assure him very clearly that this is reform. The Prime Minister’s speech does not mention the word “repatriation”. We all need to help re-engage what the European Union means to European citizens and what citizens want. He also spoke about the common good and not to lose the soul of Europe, but I am sure he would agree that we will lose the soul of Europe if the current democratic deficit is not addressed. I hope that he and the church will feed into the balance of competences review.

My noble friend Lord Bowness referred to the balance of competences and to France and Germany’s contribution. The balance of competences review will give us an informed and objective analysis of the UK’s relationship with the European Union. Several foreign partners have already responded in the first semester along with a number of international organisations. Ultimately, the analysis will be focused on what the EU means for the UK and our national interest. We have already received 500 pieces of evidence and we will publish the full list of those who have fed into the review when the first reports are published in the summer, later this year.

The noble Lord also raised issues about UKIP and Conservative candidate selection. My views on both are on record from when I was party chairman.

The noble Lord, Lord Kakkar, raised some very specific issues in the area of health. I hope that he, too, feeds into the first semester of the balance of competences review, which reports in summer later this year. But in relation to the specific issue about the working time directive, the coalition Government have committed to seek to limit the application of the working time rules. We are continuing to work with EU partners whose votes we need to bring this about.

A question was raised in relation to Schengen. The UK already participates in some parts of the Schengen acquis where it makes sense, such as co-operation in managing borders. However, I can assure noble Lords that in 2012 more than 31 million people visited the UK, according to VisitBritain. The noble Lord, Lord Bilimoria, referred to the Business for Britain campaign, which called for a national drive to renegotiate the terms of Britain’s membership of the European Union. I welcome his contribution and the contribution of that campaign on how the UK can continue to be an active member of a reformed European Union. The voice of business is essential to that debate.

The noble Lord, Lord Dykes, referred to our opt-outs on the JHA in 2014. Discussions are ongoing and we have committed to a vote in both Houses, which will take place in good time. Of course, the national interest will be a key factor in deciding which measures we agree to rejoin. The noble Baroness, Lady Coussins, referred to foreign languages. This has been a longstanding issue and we recognise the importance of increasing UK nationals in EU institutions. We have reintroduced language training and indeed, the language school at the Foreign and Commonwealth Office. We have also supported the European fast-stream work and foreign languages in curriculums in schools.

The noble Lord, Lord Giddens, set what seemed like a series of undergraduate questions. He was clearly back in academic mode and I quickly went into undergraduate mode, with sweaty palms, and realised that I had not crammed enough to answer his questions, but I will try to answer them in writing. The noble Baroness, Lady Valentine, stressed the importance of EU free-trade agreements and trade with Europe. The Prime Minister has been very clear that the UK’s national interest is best served as an active member of a reformed EU. We seek reform of the EU for the benefit of all member states, and many European partners agree with us. I fully agree with the noble Baroness on the importance of the EU concluding free-trade agreements, and the Government are actively supporting an ambitious programme.

The noble Lord, Lord Judd, raised the issue of common security and defence policy. The UK has successfully driven common security and defence policy in the EU and we have made it a useful tool for delivering British objectives, whether in the Horn of Africa or the West Bank, and whether it was to improve policing in Palestine, Kosovo or in Georgia, British personnel were in key positions of influence and multinational efforts to help local populations deal with the legacies of conflict. The noble Lord, Lord Judd, also realises that there are flaws and weaknesses in the system, and it is those that we are attempting to deal with, and what the Prime Minister attempted to deal with in his speech.

This has been a thoroughly interesting debate and I thank the noble Lord, Lord Dykes, for giving us the opportunity to examine the issues once again. I thank all noble Lords who have contributed from across the House. As with all matters on Europe there is a full spectrum of views and opinions about the fundamental principles of the debate, but the noble Lord, Lord Dykes, talked about steps taken. In the snapshot of the most recent events I have given today, I hope that the facts speak for themselves, but this is not just about what the European Union is doing now; it is about what the EU wants to do as part of the future. The Prime Minister started the debate in January and it has aroused healthy discussions. We do not deny that there is a range of views across Europe; it would be odd if there were not, but I hope that I have made it clear that this Government dispute any notion of UK isolation. We will continue to put the case to our partners and continue to deliver changes to encourage growth now. We will continue to lead the wider debate on reform to secure long-term prosperity in the United Kingdom and the European Union.

[Lord Bowness]

Before the noble Baroness finishes, I have two specific questions which she did not deal with. Will she repudiate the policy advocated by UKIP of leaving the European Union and will she commit the Government to a categorical support of the four freedoms, to which I referred in my speech?

[Lord Giddens]

Mine were not undergraduate questions but Socratic propositions.

EU: Prime Minister’s Speech

Lord Bowness Excerpts

Thursday 31st January 2013 Lords Chamber

[Lord Bowness]

My Lords, I, too, thank my noble friend Lady Noakes for introducing this debate.

The Prime Minister sought to bring together the divergent views which existed within the Conservative Party, but it remains to be seen how successful that will prove to be over the coming months and years. I welcome the Prime Minister’s continued commitment to continued membership of the European Union, his acknowledgement of its achievements and his view that its original objectives of peace and reconciliation should not be taken for granted. Although he believes that the overriding purpose of the Union is now not to win peace but to secure prosperity, the two still go together, as the right reverend Prelate the Bishop of Wakefield made clear this morning. The prospect of EU membership remains a powerful motivation in those parts of the continent where the ideals of peace and democracy have only recently been or are still to be achieved. For them and for others the European Union is more than just a trade deal.

The Prime Minister recognises that some of the changes he wants can be achieved by amendments to existing European legislation, but he also states clearly that he wants treaty change, and I believe that this may be more difficult. We seem to believe that we have a great opportunity to achieve treaty change for our benefit because the eurozone member states want to make changes for the economic governance of the eurozone. Having lectured them on the need to “get a grip”, as I believe the phrase was, and sort themselves out so that uncertainty no longer affects the United Kingdom, I wonder how welcome the prospect of wholesale treaty change and a review will be.

Will the Minister say whether account has been taken of the procedures by which we are bound under the treaties with regard to treaty change, which require conventions and intergovernmental conferences unless it is not significant? I presume that the Prime Minister thinks that he is going for something significant. The timing is important, because until the process is complete how will the British people know what they are voting for or against?

We will not get our own way in negotiations by giving the impression that our partners need us more or as much as we need them. The tone we apply to our partners also has to change. The Government would do well to remind themselves of what the Polish Foreign Minister said, which was already referred to by the noble Lord, Lord Grenfell, that,

“don’t expect us to help you wreck or paralyse the EU”.

Perhaps more controversially, the Conservative Party needs a rapprochement with our natural allies in the EPP. If we can govern in coalition with the Liberal Democrats, surely we can have a sensible relationship in the EU with the EPP.

I fear that the demands of those who want a trade deal with no strings—all benefits and no burdens—will increase no matter what the Prime Minister announces, whatever and whenever he wishes to negotiate. History has proved them insatiable; UKIP policy is not the policy of the Conservative Party and my noble friend knows from her previous incarnation that people should not stand for election as Conservatives using the Tory party as an umbrella for otherwise unelectable UKIP views.

If the UK is to stay in the EU, as the Prime Minister wishes, he has to start the fight now, otherwise we will find ourselves out of the European Union as a result of an uncontrolled drift in that direction.

Court of Justice of the European Union

Lord Bowness Excerpts

Monday 23rd July 2012 Lords Chamber

[Lord Bowness]

My Lords, I declare my registered interests as the holder of a solicitor’s and notary’s practising certificate. The justice and institutions sub-committee, which I chair, of the European Union Select Committee welcomes the Government’s proposal regarding the draft regulation before the House this evening, but in line with our report on the workload of the Court, as mentioned by other noble Lords, we wish that the proposed regulation addressed the need for more judges to be appointed to the General Court. We are pleased that discussions in which the United Kingdom is participating are taking place but we do not want the momentum for reform to be lost by dealing with the matter piecemeal. I am pleased to learn that the friends of the presidency group is due to report by December.

At the time of our report we were concerned about the increased workload due to the many reasons referred to by the noble Lord, Lord Anderson of Swansea: the extension of the jurisdiction of the Court, the impact of EU expansion and the Court’s own analysis of its workload. The noble Lord, Lord Marks of Henley-on-Thames, has already pointed out that the amount of money involved is quite small—a quarter of 1 per cent of €126,527 million.

The General Court, which is our concern, deals with almost all the cases brought against the institutions and agencies of the EU. They are complex cases and it is here that the problem lies in managing the current and likely future workload. Our committee’s report proposed a number of solutions and I explained these at length in the debate on 17 October last and will not take the time of the House by repeating them. In summary, we accepted there was a case for better case management but that by itself would not solve the problem. The language regime and translation was not the main cause of delay. We rejected as a long term solution the creation of additional specialist chambers and the answer was—in our opinion—the appointment of additional judges to the General Court which can be done without treaty change.

The committee also holds under scrutiny proposals for reform of the Court of Justice, some of which form the proposals before us this evening, all of which we support: the creation of the vice presidents of the Court and the General Court, the amendment of the rules relating to the composition of the Grand Chamber, the abolition of the rule requiring the reading of the rapporteur’s report at the oral hearing and the appointment of temporary judges to assist the civil service tribunal.

Still outstanding, however, are the issues of increasing the number of General Court judges and the revision of the rules of procedure. I support this resolution, but why does the appointment of temporary judges to the Civil Service Tribunal engage Section 10D of the European Union Act 2011 when that section refers to the establishment of specialised courts and this deals with the appointment of temporary judges to it? If the recommendation is for more judges, will we need the same parliamentary procedure before Her Majesty’s Government may agree the proposal?

My closing comments are mine rather than necessarily reflecting the opinion of my colleagues on the justice and institutions sub-committee. I read with considerable care the debate in the other place on this resolution in which a number of assertions were made by Members with strongly held opinions which I respect but which I believe need to be rebutted somewhere on the record of this Parliament. My honourable friend Mr Jacob Rees-Mogg suggested on 12 July, at col. 503 of the Official Report, that it might be in people’s interests for the Court to be “bunged up”. I do not want the Court of Justice of the European Union to reach the same state as the European Court of Human Rights where there are some 125,000 outstanding cases.

The European Union is based on the rule of law and respect for human rights and the Court is a vital institution for the proper functioning of the Union. Without it we will have nothing to buttress the operation of the single market from which everyone wants to benefit but which critics of the EU want without the burden of the rules which underpin it.

It was also suggested by another honourable Member that private parties’ disputes could be resolved in London using contracts which specified the determination by English law and that would stop European judges replacing the work of—again, I quote, for reasons which lawyers will understand—“British” judges. That rather misses the point that the European Court deals with European law and its interpretation, which must be uniformly applicable across the member states if we are to enjoy the benefits of the single market, the importance of which, I am pleased to say, has been underlined by my noble friend the Minister.

It was further suggested by my honourable friend Mr Rees-Mogg that the court is,

“not a proper, honest, decent court, like our courts are”.—[Official Report, Commons, 12/7/12; col. 510.].

He used as justification for that assertion that the Court had ruled to increase its own pay. It would be good to hear the Minister confirm that the pay of European officials, including judges, is determined by the staff regulations agreed by the Council, comprised of the member states, and that the Court did not rule to increase its own pay. Rather, it determined that the proper procedures had not been followed by the Council in making a regulation to adjust salaries of all EU officials—not just judges. The judgment makes it clear that the Council should have sought to proceed under a different article in the staff regulations. The case was therefore similar to a UK judicial review of government decisions taken improperly.

Lastly, my honourable friend Mr Cash said that the court is,

“manned by people who, I have no doubt, could be regarded as generally proficient in law, as they are professors and celebrated advocates; the problem is that the members are not drawn from judges alone ... In the UK, it is unimaginable that members of a senior court at such a level would not be drawn from the senior judiciary”.—[Official Report, Commons, 12/7/12; col. 508.]

Can my noble friend confirm that the most recent appointment to United Kingdom Supreme Court, Lord Sumption, had, until his appointment, not held full-time judicial office and that there are precedents of appointments from Scotland to the Lords of Appeal in Ordinary to serve in your Lordships’ House?

The European Union Act means that we will have many more debates on relatively minor, although not unimportant, pieces of EU legislation. In some ways, that is welcome, as Parliament becomes more engaged with EU matters. However, it means that the Government will have to be ready to rebut arguments put forward by those who will oppose anything and everything, as it presents an opportunity to advance their opposition to the European Union.

My right honourable friend the Prime Minister was reported as telling the Daily Telegraph on 19 July that he would never campaign in favour of leaving the EU. With the greatest respect, if that question is ever put, the arguments for the European Union will need to have been clearly articulated and assertions similar to those exposed in the debate in the other place firmly and loudly rebutted if only to ensure that those of us who would join the Prime Minister in campaigning against leaving succeed in such a vote.

I trust that we will support the resolution so that Her Majesty’s Government may support the proposal at the meeting of the Council—which is, I believe, tomorrow.