European Union (Withdrawal Agreement) Bill

Debate between Lord Cashman and Lord Cromwell

Committee: 1st sitting (Hansard) & Committee stage & Committee: 1st sitting (Hansard): House of Lords
Tuesday 14th January 2020 Lords Chamber

[Lord Cromwell (CB)]

I also add my support to this pair of amendments. Others have said so many of the right things about them so I will not detain the House by repeating them. I had the honour of serving on the EU Justice Sub-Committee with at least two of the previous speakers. Witness after witness raised with us the issues that others have already spoken about, but I promised not to repeat them so I will not.

When picking up this list of amendments, I was concerned about the extent to which we were going to encounter obstructive rather than good faith amendments. I have to say, this is an entirely good faith set of amendments and some version of it needs incorporating into the law. It does what the Government declare they want to achieve; it simply gives what the noble Lord, Lord Warner, eloquently called “practical stiffening” to achieve it. I am happy to support the amendments.

[Lord Cashman (Non-Afl)]

My Lords, I too support these two amendments. Initially, I did not intend to speak but I also served on the EU Justice Sub-Committee. I reinforce the point that was made time and again about the deep concern of those seeking settled status that they would not have physical evidence and that the only evidence would remain in a database. Databases can come under cyberattack and be wiped. I ask the Government seriously to think again on this issue, which I have raised with the Minister before. I hope that the Government will look kindly on and support these two important amendments, which go to the heart of the concerns of the 3 million-plus people wishing to remain here and continue their lives with their families in our country.

European Union Subsidiarity Assessment: Electoral Law of the EU (EUC Report)

Debate between Lord Cashman and Lord Cromwell

Thursday 4th February 2016 Lords Chamber

[Lord Cromwell (CB)]

My Lords, I, too, have the honour of being a member of the sub-committee and I entirely agree with what the noble Lord, Lord Judd, said about our marvellous chair. I will spare her blushes and not repeat it—he put it far better than I would anyway.

As another non-lawyer on the committee, perhaps it is helpful for me simply to put succinctly what I believe this matter is about. A case for subsidiarity was not made. We are asking for one to be made. It is really that simple and if, rather to my surprise, this does test the mood of the House, I hope we will all support that proposition.

[Lord Cashman (Lab)]

My Lords, I speak on this subject for the very first time on behalf of the party. Having spent 15 years in the European Parliament, it is a great privilege. The European Union Committee is regarded very highly by the Parliament, the Commission and the Council. Therefore, I see absolutely no reason why a reasoned opinion should not be sent. It would certainly be welcomed by the Council and the Commission.

The noble Lord, Lord Inglewood, put his finger right on it. What we are dealing with is an own-initiative report of the Constitutional Affairs Committee. Like the Legal Affairs Committee and various other committees, when it is not taken too seriously it jumps ahead of itself and puts forward its wish list to the European Parliament. There are some excellent recommendations in the report and I urge your Lordships to read it, as well as the draft proposal, which is annexed. Interestingly, this wish list had to be deferred from going to plenary after it was voted on in committee because there was not enough widespread support for it to gain a majority. It therefore went to the Strasbourg plenary in November.

I congratulate my noble friend Lady Kennedy on her chairmanship of the committee and absolutely endorse her reference to the excellent work done by the staff of that committee and, indeed, by the staff who serve us throughout the House. I pay tribute to the noble Lord, Lord Boswell, for his chairmanship of the EU Select Committee. During my 15 years in the Parliament, whenever the European Union Committee visited, it was taken seriously by all Members across the political spectrum.

In this instance, we have an own-initiative report that was agreed at the plenary and was duly sent to the Commission, the Council and the President of the Parliament. There was reference earlier to whether a red card would apply after the Prime Minister’s completed negotiations. A red card operates now, not for the Parliament but indirectly because the Westminster Parliament can make its views known to the Minister and the Minister will then vote against or for in committee. This proposal, if it is to be amended, will have to be agreed unanimously. Interestingly, as I said, there are some good proposals and some that are perhaps indicative of the European Parliament jumping ahead of itself. One is to shift from unanimity to qualified majority voting.

I also advise your Lordships that under the leadership of Dame Glenis Wilmott, the Labour Member of the European Parliament voted against the report, for a number of reasons: ideas of transnational lists—not national or regional but pan-European; internet voting; pan-European party names and logos on the ballot papers; and issues over the single candidate for the EU Commission President. As my noble friend Lord Judd said, all parliaments—particularly the European Parliament and the European institutions, which are so defamed and misrepresented, certainly in the British media—need to make themselves less remote. Indeed, in the body of the report which goes to make up the amended Council decision, that is the stated intention.

Issues of gender equality were mentioned. But I should point out that the proposal calls for gender equality on the list and not in the make-up of Members going to the Parliament. That is to be decided by the voters, whether the lists are open or closed. It also calls for greater openness and transparency in how parties actually select their candidates. That is to be welcomed. It also recognises that as the Parliament, and indeed the Union, has grown in size, it needs to do more to connect with its citizens and the concept of European citizenship.

It is not my intention to detain your Lordships further but I want to make these closing points. As I said, it is an own-initiative report. The moment the clock starts ticking vis-à-vis consultation is when the Commission or the Council produces its draft and then sends it back to the European Parliament to be amended. Thus, the clock starts ticking on consultation and spreading the document further afield than the Commission, the Council and the Parliament.

I welcome the reasoned opinion. It is a good, proactive measure, again signalling the importance of this Parliament not just to subsidiarity and proportionality. Equally, it warns governments, including our own, about how we believe they should proceed when amending the Council decision on European elections. Therefore, I wholeheartedly endorse the work of the committees. I endorse both Motions before us and thank noble Lords for being so patient as I have rambled through my 15 years of experience. I hope I have put it to some good use.