Arms Trade Treaty Negotiations

Debate between Lord Howell of Guildford and Lord Triesman

Tuesday 24th July 2012 Lords Chamber

[Lord Howell of Guildford]

My Lords, I have said that we are not going to sign a weak consensus. I know that the noble Lord, who is very versed in and a master of these negotiations, would not expect me to make statements about our negotiating position at this crucial stage. I repeat that a weak consensus or a feeble abandonment is not what is contemplated.

[Lord Triesman]

My Lords, we, too, wish the negotiators well, but I think the noble Lord will understand why we are apprehensive. On 13 July, the BIS Select Committee in the other place concluded that the Government seem to have adopted a different policy from that of the previous Administration and appear to be ready to weaken the arms trade treaty in order to placate the arms exporting countries, looking for what would emerge as a lowest common denominator approach. That apprehension is shared in New York. Any discussion with colleagues there will show that. They are deeply concerned that we did not sign the strong text of support calling for a strong treaty, already signed by 74 countries, and that we should consider showing that intent and good will now. Will the Government do so?

[Lord Howell of Guildford]

I think that that apprehension is ill founded. Ambassador Moritan, who chairs the process, obviously has had to manoeuvre. We have to be realistic that there are sceptics and that there are countries which, from the start, have been outright opponents of anything other than broad political agreements. We have to accept that. Our determination is not to be deviated from the pattern which was reflected under the noble Lord’s own Government, and I repeat that we are determined not to sign a weak consensus but to go for a robust treaty. That remains our position.

Syria

Debate between Lord Howell of Guildford and Lord Triesman

Tuesday 3rd July 2012 Lords Chamber

[Lord Howell of Guildford]

Regrettably, I can confirm that the Russians are continuing to supply attack helicopters and equipment to the Syrian regime, which of course is a regime of unparalleled violence that is using its equipment in the most evil and oppressive ways. I am afraid that I cannot give any confirmation as to what weapons actually shot down the Turkish fighter. The Syrians have offered to hold an inquiry with Turkey, but that is being resisted for the moment. It is a very serious matter and the Turks are arguing that it is an attack on NATO as a whole. I am afraid that the circumstances are all in dispute and I cannot confirm the first part of what my noble friend said.

[Lord Triesman]

My Lords, I think the House will understand the concern in the Question of the noble Lord, Lord Wright, and indeed in parts of the Answer; there will be general support for the arms embargo and a desire not to see any increased volatility. However, alongside the concern about the spread of armed conflict, it is wholly understandable that people should seek to defend themselves from a barbaric and murderous regime, and that is another key part of this equation. If we are to sound sincere—and not sanctimonious—what do Her Majesty’s Government believe can be done to assist those people who may have an ambition to acquire munitions, if they are to feel that there is any other hope of achieving at least a degree of safety as the regime tries to kill them?

[Lord Howell of Guildford]

I share the sentiment behind the noble Lord’s views. He asked what can be done. My right honourable friend the Foreign Secretary has made very clear indeed what can be done, both at the ministerial action group over the weekend in Geneva and at previous meetings, and will continue to make that clear: namely, that we want to find a basis on which we can bring forward a robust resolution by the UN Security Council that has the support of all those, including the Russians and the Chinese, who hitherto have not been ready to display the robust action and condemnation of violence and terror that we would like to see. We would like to see the text for that resolution worked on this week—in fact, we are pressing that it should be so—but there is the obvious obstacle, of which the noble Lord will be aware with his experience, that not all members of the P5 are in agreement.

Iran: Capital Punishment

Debate between Lord Howell of Guildford and Lord Triesman

Thursday 24th May 2012 Lords Chamber

[Lord Howell of Guildford]

The answer to the first part of the noble Lord’s question is almost continuously. However, we are constrained by the fact that our diplomatic relations with Iran are now at a very low level. As he knows, there are no ambassadors between the two countries because our embassy was attacked and had to be evacuated. So far we have not got any agreement from Tehran to our request for a protecting power to look after our interests and maintain contacts. However, that does not stop us almost continuously working with the UN special rapporteur to keep this kind of horror on the UN agenda and to keep up the international pressure in every way that we can.

[Lord Triesman]

My Lords, I recognise that it is difficult to exert direct pressure on and have a conversation with a country with which we no longer have, for understandable reasons, diplomatic relations. I welcome the Minister’s mention of the European Union sanctions. I wonder whether, in any of the discussions, the list of things being provided by the European Union to the Iranians, alongside all the issues about the development of their nuclear capability, has been included and whether there has been any response from the Iranian Government on those items. If there has not been, would it be a moment to perhaps urge the European Union to make the discussion more comprehensive?

[Lord Howell of Guildford]

The discussions with Iran are going on continuously at this moment in Baghdad. They have not yet stopped; they were due to do so yesterday but the Iranian team, as I understand it, is still in Baghdad this morning. Those discussions are, of course, focused on Iran’s nuclear programme and its weaponisation ambitions, but behind them is the obvious point that the EU sanctions—and particularly the oil embargo—clearly concern the Iranians. They keep raising the issue, which is a good sign that they are worried. As to the other items to which the noble Lord referred, these will come in at the right opportunity. I cannot assure him at the moment on everything that he referred to—I am not sure whether his full list is included—but he can be sure that, within the present climate of trying to get Tehran to make some sensible concessions and to comply with the IAEA, these issues will all come up.

Democratic Republic of Congo

Debate between Lord Howell of Guildford and Lord Triesman

Tuesday 15th May 2012 Lords Chamber

[Lord Howell of Guildford]

The noble Lord is on to an excellent cause and a very good concern. Our view is that the PROMINES programme, which now will be launched in October and for which we have high hopes, will raise the standards and control better all activities of mining, including artisanal mining of the sort which employs children. That programme includes explicit activities to address the issues of child labour, including supporting initiatives to enable the artisanal mining subsector to comply with supply chain diligence standards which are increasingly being applied—for instance, in connection with the OECD due diligence guidance. We see the PROMINES programme as the avenue through which to increase the pressures and to overcome the appalling deprivations and dangers which are evident particularly for children in this sector.

[Lord Triesman]

My Lords, I accept of course that there are a number of transparency conventions in Europe and on a world basis, some of which have been useful in dealing with topics such as the illicit mining of diamonds in the past. Given the difficulties that have just been described, particularly in relation to children and the lack of transparency in supply chains, would there not be a good case for company reports in the United Kingdom to be candid and be required to say how transparency issues have been dealt with so that the legitimacy of their operations would be clear to everyone?

[Lord Howell of Guildford]

Yes, that is exactly the kind of proposal that Clare Short, as chair of the EITI, is examining in her strategic working group. Of course, not every company and certainly not every country has signed up to the EITI. Those that have are required to make certain reports, although those reports do not cover all the issues we are discussing now. Her idea, and that of the EITI, is to see whether the requirements for standards for signatories to the EITI can be increased and, obviously, for other countries—and the DRC being a candidate country—to sign up to the whole initiative.

Pakistan

Debate between Lord Howell of Guildford and Lord Triesman

Monday 14th May 2012 Lords Chamber

[Lord Howell of Guildford]

Yes, we are assisting with judicial training and huge educational programmes. The Government’s overall training and aid programmes in Pakistan are substantial. If the path is smooth over the next two years, Pakistan will reach the remarkable level of being the largest recipient of British aid, training and technical assistance, with a sum of around £446 million a year being given if everything goes according to plan. Certainly, on the judicial side, yes, these are areas where we can help and which can be assisted and reinforced in a Commonwealth context as well.

[Lord Triesman]

My Lords, I understand the point that the Minister makes about the considerable difficulties and the fact that one needs friends to get through them. However, in a hard-headed sense, have the Government made an assessment of the extent to which Pakistan meets the unfortunately named Harare principles overall as a working democracy?

[Lord Howell of Guildford]

These are matters that are looked at in the Commonwealth context. We want to see Pakistan develop as a strong, stable, constitutional democracy with respect for the rule of law and judicial judgments, which are in the interests of all Pakistan. We constantly encourage all involved to act in ways that respect these principles. These are things that we do all the time. They are discussed in Commonwealth circles and are matters to which the people of Pakistan themselves recognise they must aspire. I cannot put it more precisely than that. Assessments of what occasionally goes wrong, and positive ideas about how to help, are made all the time.

Northern Cyprus

Debate between Lord Howell of Guildford and Lord Triesman

Wednesday 1st February 2012 Lords Chamber

[Lord Howell of Guildford]

On the first point, our high commissioner sent a letter of condolence to the leader in the north of Cyprus and to Mr Denktas’s family. I personally associate myself with those condolences, having had an opportunity to meet him in the past. I do not think that the other language used by the noble Lord is justified. “Humiliation” does not come into it. The aim, and it is a noble aim, is to see equality of treatment and the bizonal federal ambition for a peaceful Cyprus achieved, with all citizens on an equal footing. There is no question of humiliation being involved.

[Lord Triesman]

My Lords, I start by expressing our agreement with the position that the Government have expressed this afternoon. It reflects a long-term policy and desire to see equality of treatment. I agree strongly with all those propositions. Does the Minister agree that if any process was inaugurated towards recognising Northern Cyprus, it would flow in exactly the opposite direction to any prospect of achieving the objectives that he has set out?

[Lord Howell of Guildford]

I am just trying to fathom out that question. First, I thank the noble Lord for his agreement and support for what we are all trying to do. This matter rises well above political parties and differences. As I was reminded this morning, these negotiations have been going on for 43 years. It really is time that we encouraged, by every effort possible, a resolution of these differences for the island of Cyprus. The noble Lord says the pressures go in the opposite direction to everything that we are trying to achieve, but I am not sure they do. I think the pressures, throughout the world and certainly from the United Nations Secretary-General, are that there can be some reconciliation and resolution. The main issues involved are to how to share power; the question of property, which is very sensitive; citizenship; and elections. On all these, I think it is possible for there to be progress, although I have to admit that for the moment it has been very modest.

EU: Disintegration

Debate between Lord Howell of Guildford and Lord Triesman

Thursday 26th January 2012 Lords Chamber

[Lord Howell of Guildford]

I mostly agree with the noble Lord that our European membership is very valuable in promoting trade interests and access to new markets. At the same time, the bilateral links on the Commonwealth network have their part to play. Therefore, as usual, the answers lie in a number of directions, and if it is a question of sandwich boards, the glory of this House is that we tend to avoid simplicities and single answers and see that in many of these areas the answers are complex and multifaceted.

Lord Triesman: My Lords, unlike the noble Lord, Lord Pearson, our concern relates to the Government’s plans to improve cohesion with European partners. Last week, the Minister told me that my view was itself too dramatic. However, a week of discussions with other European missions has suggested to me that it was not. What preparatory discussions did the Prime Minister have with the Heads of Government to prepare them for the steps he took at the December Council? What instructions were given to our ambassadors throughout the EU to prepare other Governments for the steps that the Prime Minister took at that Council?

[Lord Howell of Guildford]

The details of this have been set out, particularly by my right honourable friend the Minister for Europe in front of the Lords European Union Committee the other day. I recommend that the noble Lord reads them. They are very detailed and answer his question very closely. Broadly, however, the preparations were of course there but had to be conditional on the initial drafts of what was going to be, and now is becoming, the intergovernmental agreement. It was presented in the first instance in December as a treaty for the 27. The draft of that was available only 24 hours before the actual meeting, so inevitably there had to be some last-minute reactions and adjustments, but at the end of it all it was perfectly clear that the safeguards sought by the Prime Minister were not going to be available and that haggling over an intergovernmental treaty that other members wanted to achieve rapidly would have been very disruptive. The best way was simply to say that we did not wish to be part of it, and that is what happened.

Eurozone Agreement

Debate between Lord Howell of Guildford and Lord Triesman

Tuesday 10th January 2012 Lords Chamber

[Lord Howell of Guildford]

I have to agree with that general proposition. As far as I am concerned, no snubbing went on. The UK sought to protect its interests and the integrity of the European Union treaty. We will continue to work both for our interests and for the stable and orderly development of EU economies generally. That will require a lot of co-operation but certainly will not require the UK, for instance, to join the eurozone, and no snubbing is involved in saying that we would rather stay out of it.

[Lord Triesman]

My Lords, I understand the Minister's difficulty in answering some of these supplementary questions. There may not have been 27 countries that took a different view, but there were 26. One reason was that there was little diplomatic contact before the event to discuss it. Indeed, the Minister will find that the officials in his own department lamented the fact that they were not tasked with engaging diplomatically in advance of the December meeting. What can the Minister say about a positive programme of re-engagement to engage and repair relationships—because unless those relationships are repaired the prospects for us having a substantive input are very small?

[Lord Howell of Guildford]

Words such as “repair” are overdramatised. We are involved in the ad hoc working group and participating not just as observers. We want to see the eurozone crisis resolved in an orderly way for the obvious reason that implosion and disorder on the continent of Europe would undermine one of our chief markets. We are working very closely with our colleagues and the relationships and involvements continue as before. To dramatise this as a tremendous break and imply that Britain is isolated and marginalised is to falsify the position. On the contrary, we are in a very strong position and are anxious to see the European economy recover.

Syria

Debate between Lord Howell of Guildford and Lord Triesman

Monday 21st November 2011 Lords Chamber

[Lord Howell of Guildford]

The noble Lord is absolutely right that there are many complexities, risks and concerns, both in keeping the present regime and, indeed, in the removal of it. Who knows whether the violence and horrors of the present situation will evaporate and be removed by a replacement? There may well be difficulties ahead. However, we are encouraged by the fact that the Arab League has taken the position it has, of criticising and challenging the Syrian Government—indeed, of expelling them from the Arab League—and taking a very firm stand for the future. We want to see the Arab League take a lead on the whole Syrian situation and indeed we are working at the United Nations to see that it has a stronger say so that we can mobilise the full force of the global community for change.

[Lord Triesman]

My Lords, the noble Lord, Lord Risby, asks the right question, and at a key moment. I greatly appreciate the work that the Government have done on the human rights resolution, and I hope that it might be possible, with the visit of the President of Turkey, to pursue some of those arguments as well in the near future. Does the Minister think that there is scope for an escalating pattern of sanctions, which could be agreed at the UN; for the encouragement of appropriate bodies which nominate people, to remove Syria from some of the multinational bodies on which it still sits; and for an extension in issuing warrants under the rubric “crimes against humanity”, in order to increase the pressure on what is an obnoxious regime?

[Lord Howell of Guildford]

There can certainly be an escalation of pressures. Indeed, that is what we are involved in with the new EU measures that we are proposing, which will come forward on 1 December—the week after next—and the UN Human Rights Commission report, which is appearing next week, as well as doing what we can to carry forward the possibility of a UN Security Council resolution. However, one has to be realistic. In the UN Security Council there remains very great reluctance and indeed obstruction to advancing any Security Council agreement on a full resolution for further action. We are constantly working to overcome that, but it is there. That of course applies to the International Criminal Court aspects as well because, as Syria is not a signatory to the ICC, it requires a UN Security Council resolution to authorise the ICC to take matters forward in respect of what the noble Lord suggested. That faces the same difficulty at the moment. We will try to overcome it, but there are obvious obstacles.

Iran

Debate between Lord Howell of Guildford and Lord Triesman

Tuesday 15th November 2011 Lords Chamber

[Lord Howell of Guildford]

My Lords, I certainly accept the second point. On the first point about the Turkey-Brazil initiative, that was an interesting initiative but it did not actually deal with the major problem, which we have here, of proliferation. It was focused, as my noble friend knows, on the enrichment processes and the obtaining of enriched uranium which might be necessary for weapons-grade purposes. So, without saying that the Turkey-Brazil initiative was the answer, we certainly recognise that it might be part of the answer in the future.

[Lord Triesman]

My Lords, by an ironic twist of fate I now get to ask the noble Lord the very question that he asked me some short while ago. After I repeated the FCO brief on that occasion I tried to have an exchange that was of more use to the House. If there are to be further sanctions that are capable of having an impact on Iran’s trajectory, what is the Government’s view on the sort of sanctions they should be, the prospects for succeeding in achieving them at the UN, and the timeframe?

[Lord Howell of Guildford]

I hope that I can give as good an answer as the noble Lord did when I asked him the question. It might be even better. We are going to press for further sanctions but one has to be realistic, as I indicated in answering the noble Lord, Lord Luce. If the sanctions are undermined by trading activity and the import of products from China and other countries then they are bound to be limited in effect. However, we believe that sanctions of a financial kind can be tightened still further to make it ever harder for the mullahs and the Iranian Government to get the revenues for some of their oil and oil products. We also believe that more targeted sanctions can be developed and various loopholes can be closed. All these things can be done and probably will be done. However, the bigger issue is how the world unites as a whole to put pressure on the regime to cease to flout the non-proliferation regime and the rulings and the resolutions—six of them—of the UN Security Council.

Commonwealth Heads of Government Meeting

Debate between Lord Howell of Guildford and Lord Triesman

Monday 17th October 2011 Lords Chamber

[Lord Howell of Guildford]

I can confirm that that will be on the agenda and that the Australian Government, the hosts for this Heads of Government meeting, have taken a lead in proposing it. It will certainly gain discussion and, I hope, intensive development and improvement at the CHOGM.

[Lord Triesman]

My Lords, with 100 days to go, the noble Lord said that he thought it would be a vital meeting for the relaunch of the Commonwealth, and with 50 days to go, on 9 September, he said that it would be a “defining moment” for the Commonwealth with “bold and vital decisions”. Can the noble Lord be somewhat more specific today? What are the two most important decisions that could be taken and how confident is he that the preparatory work means that they will see the light of day?

[Lord Howell of Guildford]

I certainly could be a lot more specific if I had more time because an enormous number of important objectives will be pursued. Among them, as I have already indicated, we are keen that the upholding of the Commonwealth core values of human rights, good governance, the rule of law, democracy and parliamentary development should be pushed very hard indeed, and that new machinery may be needed in the Commonwealth to do that. I do not guarantee that all these things will be accepted exactly as they are proposed by the Eminent Persons Group or the Commonwealth Ministerial Action Group, which is proposing similar ideas, but these matters will be pushed extremely hard and are a very high priority for Her Majesty’s Government.

Arab Partnership Initiative

Debate between Lord Howell of Guildford and Lord Triesman

Thursday 15th September 2011 Lords Chamber

[Lord Howell of Guildford]

A number of countries have contributed but the partnership funds are mostly administered through the so-called G8 Deauville partnership and the European Neighbourhood Policy. The countries co-operating in this include Kuwait, Qatar, Saudi Arabia, Turkey and the United Arab Emirates. So there is a good support cadre working alongside us and our colleagues in promoting these aims.

[Lord Triesman]

My Lords, the programme is certainly to be welcomed and we share the Minister’s ambition that it should help strengthen the rule of law, democratic practice, institution building and the development of think tanks. We welcome all of that. However, can the Minister tell the House what specific targets the Government are setting and how they will measure the outcomes that will result from the expenditure of these significant sums? I suspect that the House would regard this programme as sufficiently important to wish to see a timely—not necessarily frequent, but periodic—report on progress on those specifics.

[Lord Howell of Guildford]

We will certainly try. It is not all that easy to pin down and specify the outcomes as time goes by. I know that the noble Lord will be the first to appreciate that these developments, particularly in the field of democracy, are owned by the countries themselves. We are not in a position to score specific targets and to tell them to get to this point or that point. That is not at all the language in which we conduct our affairs. Our respect is for these countries and for their efforts to struggle forward to better and more settled democratic structures. It will not be easy for any of them, but we will give our support and try to score the outcomes and results that we want.

International Democracy Day

Debate between Lord Howell of Guildford and Lord Triesman

Wednesday 14th September 2011 Lords Chamber

[Lord Howell of Guildford]

I am asked whether I can comment on that. I can’t and, in fact, I won’t, because these are matters not only for usual channels but for managers of business in both Houses. I add a general point: I think that it was Mr Churchill who said that democracy was the worst system except all others. It is certainly not perfect; it can be constantly improved. We try in both our Houses to do that, but how it should be done is not for me to advise.

[Lord Triesman]

My Lords, I welcome the fact that the Foreign Secretary will make the Statement that has been promised. Like the noble Viscount, Lord Montgomery, I have looked at the IPU’s plans. It has encouraged parliaments and Governments around the world to organise activities for tomorrow, particularly directed at young people and students and focusing on democracy and human rights. That is obviously resonant given the events of the year—the growth of democratic demands and the Arab spring. While I am delighted to know that people who are in post around the world will be twittering, could we be told what events have been organised by the Government for young people and students, as the IPU suggests and at the request of Ban Ki-Moon, and where we might learn about them on any government website?

[Lord Howell of Guildford]

I could not speak about the detail of youth organisations, but it is obvious that vast numbers—billions—of young people need to be encouraged in the values of democracy throughout the world and we play our part. On specific propositions on the website and elsewhere, I shall have to write to the noble Lord.

Libya

Debate between Lord Howell of Guildford and Lord Triesman

Tuesday 13th September 2011 Lords Chamber

[Lord Howell of Guildford]

The right reverend Prelate is absolutely right. These are very important issues, which we are raising all the time in our discussions and in the support that we are seeking to give. We do not want to cross the borderline between support and reinforcement of the new Libya, if that is what is going to emerge—the business is yet unfinished, as noble Lords know. We do not want to cross the line into telling the Libyan people what to do, as they own the procedure. However, they do respect these values, and we will certainly make those points to them in our continuing dialogue.

[Lord Triesman]

My Lords, the Libyan Prime Minister Mahmoud Jibril said on Monday that the National Transitional Council has mapped out a path forward and he added that this is no time for revenge. I note today that Donatella Rovera of Amnesty reports widespread systematic violence perpetrated by former rebel forces, including in the areas that they have controlled for over six months. It is an alarming report. Will the Minister tell the House in rather more detail what has emerged in discussion with the NTC about the main planks of its plan, whether he believes that the resources exist to deliver that plan and what the United Kingdom is saying to the NTC about violent crimes being committed by the NTC’s forces?

[Lord Howell of Guildford]

We have noted that report and the reports from the UNHCR about allegations of atrocities. We think all these things should be investigated. It is worth remembering that the International Criminal Court is remitted fully by UN Resolutions 1970 and 1973 to investigate these allegations, and we understand that it is doing so. If it is necessary, we will certainly encourage it to do so, but I think it is going ahead with the job anyway.

European Union Bill

Debate between Lord Howell of Guildford and Lord Triesman

Monday 13th June 2011 Lords Chamber

[Lord Triesman]

My Lords, it may dismay the House, but I will pick up from the point where this argument has arrived. Like the noble Lord, Lord Hannay, when I looked at the proposal put forward by my noble friend Lord Davies of Stamford, it did not seem to me that the consequence of it was that there would be an immediate move without any further ado to qualified majority voting. Instead, there would be a very substantial process before anybody got there, even if they had the desire to get there. It seemed that whatever difficulties and barriers were raised by those who thought it best to have a closed-market system rather than an open-market system in the defence industry, it would be harder in the middle and long term for them to sustain the restriction on free markets were they to be deprived of the veto as the automatic response. In short, over a period of time—I am sure that it would be over a period of time if it happened at all—it might be possible through a different mechanism to change from this restriction to a free-market solution.

It may be thought curious that from this opposition Bench I argue trenchantly for free markets in Europe. However, it does not seem odd to me; I have held this view consistently for a very long time. Like my noble friend Lord Davies, it appears to me that when we take a serious and hard view of the areas in our manufacturing industry where we might be very successful, among them are the products of our defence industries. They are very fine industries; they are hallmarked by exceptional research and development; they are among the industries that co-operate most successfully and most frequently with the best of our university departments that are working in the same areas of research and development; they manage to do it on a large scale; and they manage to create extremely valuable intellectual properties of a kind that we cannot always achieve in many other parts of our manufacturing life.

As a former Minister responsible for intellectual property, I frequently came at this from a different ministerial portfolio from that of my noble friend Lord Davies, but none the less I was frequently full of admiration for the high quality of patents that were created in that industry and very well aware of the value that they could inject into free-market circumstances. It is very easy to see why, even when there is a concrete commercial rationale for this country, there will be others who will seek protectionism because they are fearful that their industries cannot compete in industries of this kind, particularly where those industries are so driven by outstanding research and development and by their links with the university research world. It is a tough environment to compete in—that is for sure—but that does not seem to me to be a reason to protect those kinds of industries in other countries any more than somebody could argue that we should simply protect them in our country from any difficult winds and buffeting of international competition in a fully commercial sense.

I can also understand the argument that some of those countries will be looking at industries—as we have in defence in the past—as being of considerable strategic importance and we have been cautious about whether that strategic importance should be so lightly set aside. Westland helicopters and so on have been examples of it. However, broadly speaking, we have been at our best as a country when we have been prepared in free markets to compete where we can and to achieve results on the basis of the excellence of what some of our manufacturing industries can do with freedom to operate properly in markets.

In summary, I return to the point that the noble Lord, Lord Davies, has made, that the noble Lord, Lord Hannay, was making and that I made at the beginning of my remarks. Nothing in this proposal moves us with any suddenness onto a different trajectory. I am loath to believe that the House and the general sentiment in this House would be against the possibility of the full operation of free markets and the benefit to United Kingdom industry of competition in a free market, especially where we believe that we can succeed way beyond many of our competitors in that market. It is a very strong argument and I hope that it will appeal to any free marketer looking at the benefits of the European Union in free market terms, which, many noble Lords have urged, were among the founding reasons that they could see for the rationale of the EU in the first place. I support this amendment and I believe that, on free market arguments alone, it should succeed.

[Lord Howell of Guildford]

My Lords, this amendment seeks to remove Article 346(2) of the Treaty on the Functioning of the European Union from Schedule 1 to the Bill. The article has appeared verbatim in every European treaty since 1957, so it is not new on the scene. At present, unanimity is required for changes made to the list of military products for which single market provisions do not apply. Under the Bill, a proposal to move to QMV would require approval by Act and by referendum. The noble Lord, Lord Hannay, and others are correct that it does not immediately mean that the veto is removed. It merely means that the move would require approval by Act and by referendum. The amendment of the noble Lord, Lord Davies, would remove that requirement.

The noble Lord, Lord Davies, spoke at length on this issue during day six in Committee, and he has spoken again now. Of course, he has considerable experience as Minister for Defence Equipment and Support, and in my view he has made the case extremely well that there could be some benefits to the UK from a move to QMV in this area. Having conceded that point, I hope that he and other noble Lords will excuse me if I now at least set out the other side of the argument, particularly as the noble Lord, Lord Davies, has just said that there is no guarantee that his proposal would work. Why is that so? It is because a move to QMV would also come at considerable cost to the UK, which a responsible Government have to consider. We must remember that this article is sensitive, as it applies to national security and defence. It is one of the wires that feeds directly into the red lines that all parties in the United Kingdom and other member states have always maintained during treaty change negotiations. Obviously that applies to previous Governments as well as this one.

The noble Lord, Lord Davies, said with some passion that Article 346 of the TFEU is a protectionist measure and he portrayed the Government as,

“using a referendum to block the removal of a derogation from the single market legislation”.—[Official Report, 17/5/11; col. 1364.]

The noble Lord, Lord Triesman, has spoken in the same vein just now. I have to point out that the UK’s veto could be used also to block any proposals to extend the protectionist measures with which the noble Lord understandably takes issue. A qualified majority could push through decisions which would favour greater national discretion and protection. The list, which has been unchanged—

Syria

Debate between Lord Howell of Guildford and Lord Triesman

Wednesday 8th June 2011 Lords Chamber

[Lord Howell of Guildford]

Those are clearly very wise remarks. I suspect that the noble Lord has more experience than I do of exactly how we reacted to the atrocious murders in Hama in 1982, which were conducted by the brother of the then president, Hafiz al-Assad. The noble Lord is right that Syria is a secular pattern. It is also a tribal pattern, and the tribal and family groups who have ruled Syria are of course not a majority; they are a minority, among many others. They have ruled by methods that we regard as reprehensible, and that are becoming even more so. I accept the noble Lord’s analysis that one could see a very serious disintegration of a country of many tribes and various religious groups and, indeed, a pattern that could develop a far greater infection of jihadism and extreme religious activity. For the moment we will have to see how events unfold. We hope that they will take a better course, but at present there is not much room for optimism.

[Lord Triesman]

My Lords, I also welcome the steps that are being taken today at the United Nations and I understand the limitations that this Government and the French and German Governments must feel about how far they can go. This is, as the Minister has said, a savage regime, conducting brutal behaviour towards its own people. Can the noble Lord tell us what steps are being taken to engage Arab support in the region and whether consideration is being given to the International Criminal Court, which must certainly be looking at these as crimes of concern to humanity?

European Union Bill

Debate between Lord Howell of Guildford and Lord Triesman

Monday 23rd May 2011 Lords Chamber

[Lord Triesman]

My Lords, I welcome this amendment from my noble friend Lord Radice, whose expertise on Europe is well known in the House. Several of the speeches that have been made by Members of the Committee have reflected their own extensive knowledge of Europe and their understandable disappointment that we have been so churlish in the way that we have talked about Europe and the European project over the years. Like the noble Baroness, Lady Williams, I take the point that there are things to criticise. However, that is scarcely a reason for the trajectory on which we have embarked.

In addressing the amendment specifically, it is clear from the beginning of Clause 2 that a referendum would be launched following matters being laid before Parliament and fully debated, a decision being taken by Parliament and a treaty approved by an Act of Parliament. Clause 3 gives essentially the same sequence: Parliament takes a fundamental view, looks at it and decides that a referendum should be held because of the conditions to hold one as set out in the Act. Under Clause 6, a Minister of the Crown must start with a draft decision approved by an Act of Parliament. The referendum condition is then triggered. In all the circumstances in which a referendum condition is triggered—were one ever to be triggered—the reality is that Parliament will have reached a conclusion. Obviously, it will not have done so in secret. It will be a decision that is well known to the public as a whole. Parliament will have decided that the point at which a referendum is required has been reached.

In those circumstances it would be inconceivable that no argument would be advanced to the people who were going to vote in the referendum to account for the decisions that Parliament had taken. It would be an extraordinary set of circumstances in which that decision did not have the visible consent of the Government. If the Government had put a proposition of that kind to Parliament and it had been defeated, it would be a significant blow to any Government. It must be the case that the arguments that had been held in that forum—or forums, taking this House into account as well—would have come to a positive outcome.

I turn to Clause 13. The Electoral Commission,

“must take whatever steps they think appropriate to promote public awareness of the referendum and how to vote in it”.

In other words, it must make sure that people know the referendum is taking place and what they need to do to take part in it. Curiously, under paragraph (b), the Electoral Commission,

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

In short, it must make sure that everybody knows about the referendum but it may take steps to make sure that people know what the referendum is about. I make this point because if, in those circumstances, the Government or a Minister did not take steps to deal with the policy issues under discussion, it would be the most curious discussion that there had ever been before a referendum, especially if the Electoral Commission itself did not get into the theatre of argument about the subject matter. It seems to me that it is less likely to do that than the politicians who are involved in it.

There is, therefore, a huge amount of good common sense in the amendment of my noble friend Lord Radice. If you look at the specific text of the amendment, Ministers of the Crown are asked to,

“have regard to the desirability”.

This is not a monumental hurdle to have to cross. Ministers are expected to put the argument in a way that at least conveys why Parliament has taken the decisions that it has taken, and to do so in a way that is positive. Does that disbar anybody from saying, “There are issues here. We can see the following negatives”? No, of course it does not. I have no doubt that in any referendum debate people will say what they think the downside of the argument is. However, the amendment would ensure that the upside of the argument is also presented, even in a climate where a large part of the media of this country may not be sympathetic. That is probably the only route to achieving any balance in the discussion that will take place in advance of a referendum. Therefore, I welcome this amendment. One can look back and see how it links with the other clauses, and particularly how it deals with the rather conditional “may take” provision in Clause 13. In my view it would ensure that the argument was well made.

Having made that rather narrow point about the purpose of this amendment and how it would operate against the background of a parliamentary decision, I assert that in a generally extremely sceptical climate it can do no harm whatever to argue the case for the benefits of the European Union in a positive way. No doubt some Members of your Lordships' House do not believe that there are any positive benefits, or that they are so marginal that they should not be referred to because it is a waste of breath. However, a good many more of us believe that there is a very good and strong case to be made in favour of the European Union, and that it is sensible that it is made, as this amendment would ensure.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, I was going to begin my comments by congratulating the noble Lord, Lord Radice, on the very sensible and balanced way in which he put his case, although his peroration slightly took off the ground towards the end of his remarks, but perhaps that is the nature of perorations. However, as the debate has gone on, I have begun to share the sentiment expressed by my noble friend Lady Williams that the situation is sad in a sense, although I suspect that I disagree somewhat with my noble friend on how the EU should develop in the 21st century and be made fit for purpose, where the great trends should go and how this country should reinforce them. Nevertheless, I agree with her that all the old polarities of debate have prevailed for far too long. Over the past decade or so, one has needed to see emerge a new and much more positive British presentation and role than we have seen. That is a matter of regret.

The Government have no difficulty in supporting the main sentiment behind this amendment. We are members of the European Union. If we are members of organisations such as the massive and amazing European Union, it would be absurd to do anything short of making the very creative best we could of that. Therefore, the noble Lord, Lord Radice, makes an important point about the need for the Government to be a more vocal and effective advocate of the European Union of which we are members, given the way that the world is shaping. This applies also to other great bodies in the world of which we are members. I am sure he will join me in saying that we need to do better than the efforts of previous Administrations in our approach to this vital task. Indeed, the noble Lord said as much. We should do so by explaining more clearly how good and positive EU membership is part of our overall adjustment to a totally changed world landscape in which major markets are growing up outside Europe and in which Europe and the European Union, including this nation, are going to have to compete with increasing vigour. We need to ensure that the European Union is understood to be, and is seen as, a force for good. We want people to understand that the European Union, and our membership of it, has been, and can be, a force for good. We need to improve the effectiveness—this is slightly off the brief—of the EU’s own voice. Many of us feel that sometimes in recent years that voice has not been quite so effective and focused as it should have been. We seek to present positively to the British people the benefits of these activities and our membership of the Union. The coalition is doing that. Indeed, all Governments should do so as a matter of course into the future.

--- Later in debate ---

[Lord Triesman]

My Lords, what has come through in the debate is that it is hard to see a strong purpose for Clause 18. It is not the best drafted clause I have ever read in legislation, and I understand why—or at least I think I understand why, which I will come to in a moment. But it is also true to say that the Explanatory Notes to the Bill do the clause no favours. They do not set out why it is compelling or why any of us who think that it is obscurely drafted should feel that we can put our hand on our heart and say that we know exactly why it is written as it is. I certainly do not feel that way. I am not a lawyer. I am not learned in the law, which is the expression that has gone around the Chamber. I am a humble mathematician and I am trying hard to understand the considerable obscurities of law when compared with mathematics.

It is important to ask, as did the noble Lord, Lord Deben, only a short while ago, what the clause as it is written is for—I shall come on to the alternatives in a moment. Everybody agrees that it is declaratory in its reference to the 1972 Act. It looks as though it is attempting to balance a number of arguments which plainly have gone on in the background between those who are uncomfortable with the idea that Europe has any bearing on the way we conduct our legal lives, and may continue to do so, and those who recognise that that is a fixed reality because of the processes that the noble and learned Lord, Lord Howe, described in a very helpful speech. It is hard to understand the necessity of Clause 18 and it is reasonable to say that, as drafted, it is open to very wide interpretation. As a couple of noble Lords have said, that would probably make it open to judicial review.

I find myself in strong agreement—I hope that it will do her no harm—with the noble Baroness, Lady Falkner, who said that the House of Commons European Scrutiny Committee’s report gave not the most glowing reference which anybody has written to a piece of legislation. The report is written with the niceness that parliamentarians occasionally reserve for a description of something they think is very poor, but, none the less, it says, in terms pretty much, that it is very poor. The Government in their response almost give up the ghost after a very short period of trying to defend it, because there is no certainty, I think, even on their part, that this was the right way to do it.

I cannot see the point of the clause or that it is at all helpful. I have real sympathy with the point made by the noble Lord, Lord Stoddart, that parliaments cannot bind their successors. That view at least, about the character of parliamentary Government, must be common ground among us. In those circumstances, it must be common ground that Parliament is supreme, and it must be common ground that, should Parliament wish to stand down the 1972 Act, it would be within its competence to do so. It is extremely unlikely that it would, but that is neither here nor there in the terms in which the noble Lord put that proposition to the Committee. The supremacy argument is very powerful. One of the reasons that I have great difficulty with much of this legislation is that it seems to reduce the role of Parliament and the supremacy that it should enjoy. The points that have been made ad nauseam in your Lordships' House about multiple referenda do nothing for the objective of propping up the supremacy of Parliament, but the general proposition made by the noble Lord, Lord Stoddart, must be right.

If the Government feel that it is essential to have in place a clause that is declaratory, it might as well have the following characteristics. First, it should be so clear that even those of us who are not learned in the law understand it. Secondly, it should be sufficiently clear that it does not give rise to frequent legal challenge. Thirdly, it should make reference to—if I may put it this way—the core code that is involved in European legislation and not gloss over that. For those reasons, Amendment 57 offers greater clarification. It may well have been written with people who are used to dealing with sovereignty issues somewhere in the background, but it is none the less a straightforward clarification. Beyond that, Amendment 59 does that by a very direct reference to what I described as the core code—to the central proposition about why the status of our relationship to Europe is as it is.

If we did not have this clause at all, which would be my preference, much of what I said in the past few moments would not be particularly relevant. But if there is to be a declaratory cause it should at least have the characteristics that the noble and learned Lord, Lord Mackay, introduced in his speech this evening. It is impossible to misinterpret or misunderstand it. That has great merit and I hope that he will not mind my saying so from the opposition Benches. It does not alter my view that, as the noble Lord, Lord Armstrong, said, the clause is not really necessary, but Amendment 59 has a convincing pedigree and that is what recommends it to me.

[Lord Howell of Guildford]

My Lords, I will look first at Amendments 57 and 58 and then come to the vagueness charges embodied in Amendment 59. I will seek to explain why the words are in the Bill. Whether the explanation is acceptable to the Committee is another matter at the moment. I will explain that the words that are in the Bill work the other way: they add to the precision of the legislation rather than to the vagueness of it. I will come to that in a moment.

As noble Lords have recognised, Amendment 57 would include on the face of the Bill that Clause 18 does not alter the rights and obligations that the UK signed up to on becoming a member state of the European Union. It also seeks to legislate explicitly that Clause 18 does not alter the primacy of EU law. I am grateful to your Lordships for drawing attention to these two important principles: that the EU law has primacy and that the UK must honour its obligations as an EU member state. I assure the Committee and particularly the noble Lord, Lord Lea, with his Amendment 58, that the Bill supports both those principles. Indeed, the Bill has to support them. It is not a question of choice. The Bill has to support those principles because to do otherwise would put us in breach of our obligations as EU members.

I have serious concerns about Amendment 57. It does not reflect accurately the legal position regarding the UK's membership of the European Union. I say that because the UK follows the dualist constitutional model. Giving treaties effect in the UK is always a two-stage process. That did not seem to feature in the debate that we just had. The first stage—the signing of the treaty during which the UK may take on rights and obligations—is governed by public international law. The rights and obligations assumed by the UK on becoming an EU member state are governed by public, international law rather than domestic law. Those rights and obligations are binding on the United Kingdom under international law irrespective of the existence of the European Communities Act or any other Act of Parliament and will continue to be so as long as the UK continues to be a member state of the European Union. It follows that the EU Bill does not and cannot change the rights and obligations assumed by the United Kingdom on becoming a member of the European Union. It would be misleading to suggest in this or in any Bill that any Act of Parliament could do this. Such a change could only be done by the UK renegotiating the terms of its membership of the European Union.

I say to the noble Lord, Lord Pearson, that Governments can of course seek to bind future Governments. Most Governments whom I know, and whom many of your Lordships know, have sought to bring in great legislation. Let us take, for instance, some of the privatisation provisions under the earlier Thatcher Government. Our hope was that those would endure. We hoped that a future Government would feel bound by privatisation visions, not renationalise the whole of the then privatised sector—indeed, our hopes were in fact borne out. However, a Parliament cannot bind a future Parliament; that is a completely different proposition. It is of course possible that a future Parliament could repeal the 1972 Act although, interestingly, that would not remove the United Kingdom from the European Union. It could only be done by negotiation through Article 50 of the Treaty on European Union but those things are possible. Parliament can do anything and is supreme.

Noble Lords have asked what the point of Clause 18 is and why it is in the Bill. It confirms that the second stage of the dualist system, whereby the rights and obligations taken on by the UK are given effect in UK law and can therefore be enforced through the UK courts, must always be done by an Act of Parliament. Any suggestion that EU law constitutes a new, higher autonomous legal order and has or can develop into part of the UK’s legal system independent of statute are thereby refuted. That is very important indeed. Noble Lords may say: “So what? That is what the courts have always upheld”. However, as the noble Lord, Lord Williamson, acutely observed, it has been challenged. I think that the prosecution in the metric martyrs case tried to float the idea in the counter case that EU law had some autonomous existence independent of our own statute law. It has been raised and to say that it is not in question is simply factually wrong when people have questioned it.

It is therefore the view of the coalition that it is right and valuable that this declaratory clause should be in the Bill. Even if it can be said that the courts have so far upheld that position, as my noble and learned friend Lord Howe is well aware—having been, as he said, the father, godfather and grandfather of the 1972 Act and much of the legislation that flows from it—and as I know and we all know, these matters are challenged. They are, from time to time, challenged by learned legal minds and there is dispute about them. Far from this clause being unnecessary, as the noble Lord, Lord Armstrong, ventured to argue with great clarity, I maintain that on the basis of our own experience—what we hear, read and see in the public debate—it is necessary that it should be in place. That is my view on Clause 57 but I will obviously think hard about the views that were put forward by extremely acute and expert minds on this matter. However, I said that I would set out how the Government see the matter and that is how we see it.

Amendment 59 was a very important part of the argument put forward by a number of noble Lords, including my noble and learned friend Lord Mackay of Clashfern. Let me explain why we have in there “an Act of Parliament” rather than “by virtue of the European Communities Act 1972”. I reassure my noble and learned friend that we have thought about this very carefully because it is a complex balance of issues and we wanted very much to get it right.

The Government accept that Section 2(1) of the European Communities Act is commonly identified as the primary way in which EU law takes effect in the UK, but unfortunately that is not quite right. There are other Acts which can be interpreted as giving effect to EU law within the UK; for example, there are some provisions of the Scotland Act 1998, the Government of Wales Act 2006, the Northern Ireland Act 1998—and I believe there were other earlier Northern Ireland Acts as well, as I remember taking part in some myself. Then there are the Enterprise Act 2002 and the Equality Act 2006. They all put Ministers under an obligation to act in accordance with EU law without reference to the European Communities Act—and there may be other such Acts in future. Who knows? We have to prepare for these things. It was to address this concern and those facts that Clause 18 was deliberately drafted to refer to Acts in the plural, or an Act of Parliament, rather than solely referring to Section 2(1) of the European Communities Act 1972.

I reassure my noble friends that having carefully thought about it and come down on that side of the argument, which we believe to be the comprehensive and effective one, there was no sinister purpose. It was simply a design to ensure that all the means by which directly effective or applicable EU law could be given an effect in the UK legal order are addressed. That is the raison d’etre and the underlying argument why the clause is there, why it is necessary and why it is so worded.

I would like to say a final word, or semi-final word—or penultimate word—about the point made by the noble Lord, Lord Kerr, at Second Reading, which he touched on again today. He queried what on earth paragraph 113 was doing in the Explanatory Notes, which refers to the,

“UK subordinate legislation … and … Acts and Measures of the devolved legislatures”.

The answer is that EU law can be given effect in the UK legal order, not only directly through primary legislation but through means of delegated legislation adopted under primary legislation. The obvious example of this is the secondary legislation giving effect to EU measures adopted under Section 2(2) of the European Communities Act, and the reference in Clause 18 to,

“by virtue of an Act of Parliament”,

covers that aspect.

I said that was my penultimate comment. My noble and extremely learned friend Lord Howe did that dangerous thing of mentioning the Commonwealth, which has not really come into this Bill at all. I cannot resist making the point that if we are to promote the interests of this nation as a positive member of the European Union, and to do so fit in to this extraordinary new world in which all the wealth and accumulated savings and first the economic and now the political power have shifted to a degree away from the Atlantic nations and the West to the new emerging worlds of Asia, Africa and Latin America, these are the new networks in which we must also involve ourselves. We must work to ensure that our European membership enables us to take our full part in these things to reinforce each other.

I had to get that in, only because my noble and learned friend tempted me. It has very little to do with the amendment, but I think that I have explained why the two points raised by noble Lords with great learning and authority fit in to the fact that the clause is necessary; it may be declaratory but it does a job, and that is why it is there, and it is drafted as an Act of Parliament rather than the European Communities Act 1972 but deliberately and carefully.

I think I said a word about the amendment intended to help proposed by the noble Lord, Lord Lea. I assure him that there is no way in which Clause 18 alters the commitment or position of the primacy of European Union law, which in turn rests as it always must on the will and Act of Parliament supported by the courts. That is why I would ask noble Lords and the noble and learned Lords to consider what they have put forward and withdraw the amendment.

European Union Bill

Debate between Lord Howell of Guildford and Lord Triesman

Monday 16th May 2011 Lords Chamber

[Lord Howell of Guildford]

Those are interesting and important points. The noble Lord, Lord Liddle, who was the father of the amendments, or one of the fathers—anyway, he has some paternity—will no doubt comment on them after me, but I thought that I should address some of the serious points. Not everyone has been sharply focused, but we have heard some extremely interesting observations and responses to them. I would like to express the Government's view.

Just to be clear, I say that the two amendments would make the question of whether to seek the consent of the British people in respect of the big 12 decisions in Clause 6—that is the big five or six decisions and then the whole section in Clause 6 which governs the surrender of the veto—subject to a small committee of either both Houses of Parliament or an independent review committee. The assessment of the committee, via the composition, would then be validated by a short debate and a single vote of each House of Parliament. That is what the amendment states.

That design—which, as the noble Lord said, was proposed only as a probe—would frustrate the whole purpose of the Bill. Why would it do that? I will make the general point; I will come to the detailed ones in a moment. The amendments would, in effect, replay the history to which my noble friend Lord Waddington referred, because they would hint at referendums being held with the prospect that people would once again be denied their say because, in this case, some small committee of experts—or a committee of two Houses of Parliament—had made decisions. That undermines the whole intent and thrust underlying the Bill, which is designed to rebuild trust by ensuring that the British people can decide on the key decisions affecting the future course or expansion, if that is what is required, of the competences and powers of the European Union. By going into the detail—and I can see that the detail is considerable, because the legislative patterns of the European Union are very complex and detailed—the Bill makes clear the transfers of power and competence on which the British electorate would have the right to be consulted. However, the amendments would seek to unpick that by making recommendations in small committees.

Therefore, in effect, the British people would be denied the say that they want when EU powers are to be expanded. Very few seem to want that anyway and I am very puzzled by the sudden passion of the Front Bench opposite for an expansion of powers. The British people would miss yet another opportunity to regain trust, further exacerbating the electorate’s disconnection with, and cynicism towards, the European Union. That is what the amendments would do and that is why I am glad they are only probing amendments and not a serious intention to undermine the whole purpose and spirit of the Bill.

[Lord Triesman]

Can the noble Lord give me one or two examples of the extensions that he believes this Front Bench supports and is enthusiastic about? I ask that because, certainly during the previous day in Committee, and I think that he is also inferring it tonight, it was suggested that we were in favour of the possible production of a European army—something to which I was explicitly opposed as a Minister, as I am tonight—and the abandonment of Schengen, to which I have been explicitly opposed, as we were in government. What are the examples? These are either straw men or there is substance to them.

[Lord Howell of Guildford]

My difficulty in answering that question is due to the difficulty that the Opposition have in stating why they want particular treaty amendments and expansions of the powers and competences of the European Union. When we have pressed on this matter, it has been a bit like “King Lear”: the Opposition seem to want to do “such things” and there will be uncertain futures in which new powers will somehow be needed for the European Union. Therefore, they want to amend the Bill by removing areas where the Bill would prevent the surrender of the veto. That would not prevent activity, because a huge range of competences accorded to the European Union allow it to be highly active in all these areas. However, the Opposition want to remove the vetoes on the big decisions. I think that they want a referendum on the euro, although I am not at all sure about the others and I want to go through them as we discuss these matters. The Opposition have not answered that. Why do they want these huge treaty changes, and why do they want the vetoes removed? It seems to me beyond understanding that they should want vetoes removed when so many powers and competences are now accorded to the European Union, and they can do all sorts of things to achieve the kind of Europe that we want in the future. If the Opposition have some new ideas for expanding the powers of the European Union, let them state them, otherwise we are left with a kind of “King Lear” situation—they will do “such things” as it is too difficult to mention at this time.

I want to turn to the 12 decisions in Clause 6, which cover highly sensitive areas. When I heard the noble Lord, Lord Liddle, call some of them trivial, it made me, in the words of Hilaire Belloc, gasp and stretch my eyes. When one looks at the reality of them—their real-world implications—they are anything but trivial. The big five decisions under Clause 6 include joining the eurozone, and there seems to be a general consensus that there should be a referendum on that. Incidentally, I reassure my noble friend Lord Lamont that there is not really a problem there at all. The referendum would take place before the UK took the decision, and the exchange rate would then be struck at a certain point in the middle of the night or whenever it was technically advisable to do so. I think that my noble friend put that in perfect perspective.

On the provisions relating to EU common defence, I think I heard the noble Lord, Lord Liddle, say such decisions could not necessarily lead to anything too serious—I do not want to parody him—because it was a complex issue and it might be desirable, I suppose he was saying, to give up the veto or decide to join without a referendum because not too much harm could come from it. That is miles from reality. In fact, under an EU common defence policy—on which we would urge there should be a referendum—we would no longer be able to decide independently which situations and developments we should respond to and which situations represented a threat to our national security, we would lose our ability to decide unilaterally which operations we would mount and it would no longer be our choice alone whether we should act independently or with whom we should act in concert. Of course, in this modern world we will always be acting in concert, but we decide. To say that is in the trivial category seems to me to be taking off to another planet.

Bahrain

Debate between Lord Howell of Guildford and Lord Triesman

Tuesday 10th May 2011 Lords Chamber

[Lord Howell of Guildford]

The representations we are making are strong. I have to repeat what I said to my noble friends: not all aspects of this issue and this whole case are entirely clear at the moment. Any evidence of deliberate maltreatment or withdrawal of treatment by medical personnel from people on religious grounds would be appalling. Any interference with those who are trying to dispense treatment—if they are arrested and treated as criminals—would be appalling. All those matters need very close investigation. Whether it is the right moment to raise them in all the bodies that the noble Lord mentioned, I am not yet convinced, but they are matters which we are watching very closely, and that time may come.

[Lord Triesman]

My Lords, I am sure that the statement made by the Minister about the intervention in respect of the medical staff will be welcomed by the House. Can he tell us of other instances of intervention in Bahrain and whether the Government believe that they have been successful in any of them?

[Lord Howell of Guildford]

I do not totally follow the generality of the question. If the noble Lord means to ask whether we have constant contact with Bahrain and whether we are putting considerable pressure on those with whom we have had close contact—because Bahrain remains a close ally and good friend of the United Kingdom, and vice versa—those interventions are going on all the time. Have they had effects? They have not had the effects we want by any means so far. On the contrary, we have seen a deterioration in the situation, which is very disappointing. The issue now is how we handle it: whether we put even bigger barriers between ourselves and the Bahraini authorities, or whether we use our former links to work very hard with them to change their ways and develop a dialogue—which earlier they said they wanted, in contrast to other countries where there has been a tendency towards civil war, mass killings and other violent and hard-line activities.

European Union Bill

Debate between Lord Howell of Guildford and Lord Triesman

Monday 9th May 2011 Lords Chamber

[Lord Triesman]

My Lords, the noble Lord, Lord Kerr, made the point that the arrangements made under the NATO treaty, about its command structure and the obligations on members, have the effect, whether described as law or not, of determining how we behave in the defence of this country. It is impossible to argue that that is not substantively the case.

As I said earlier, this clause provides, more than anything else, the opportunity for continuous internal division and splits—not harmonisation or bringing people back to political activism and political understanding but rather the alternative. If the argument flows in the other direction—that we will never use it, or that the process of being bound to the mast is not really there and we will sail by without anybody noticing that it is happening—the Government should, out of courtesy to the House, simply make a statement that this is a form of dressing up a political proposal for people who feel disenfranchised in any respect by what has happened in the development of the European Union. They should say that that is what it is for; it is not at all for anything practical. That is really the status of this clause.

[Lord Howell of Guildford]

My Lords, this has been a very wide-ranging debate, covering all these amendments. Some very wise and profound observations have been made. It would be quite wrong not to say that many of the points raised feed into the arguments, the presentation of the Bill and how Ministers should think about it. There are matters on which to reflect, which we will no doubt come back to again and again. Indeed, on the track record so far, we are likely to come round this course several times.

There are still some serious misunderstandings about the nature and purposes of the Bill. It ranges over several extremely complex issues. The whole EU structure and its legislative underpinnings are enormously complex and have grown over decades from a series of legislation, treaty-making and so on. I do not disguise that for a moment. If noble Lords would find it useful, I am willing to put on record that I am very open, as are my colleagues, to any degree of informal discussions to elucidate what is intended by the Bill, since some noble Lords are perhaps, in their own words, still confused about aspects of it. These amendments are wide-ranging but they nearly all have the same broad objective. They are designed to remove requirements for a referendum or Acts of Parliament from the list of decisions in Clause 6. As the noble Lord, Lord Hannay, rightly said, their intention is to shorten the list. I want to explain why we should not shorten the list and to deal particularly with the passerelles.

European Union Bill

Debate between Lord Howell of Guildford and Lord Triesman

Tuesday 3rd May 2011 Lords Chamber

[Lord Triesman]

My Lords, I was going to go through one or two. Certainly Serbia will serve the purpose. A number of countries in the region, for one reason or another, went to war. It was only when a different kind of future was offered to them that they began to think about the alternative future that their children might enjoy which did not involve shooting each other.

I understand, in debating the amendment, that the issues that I have raised are not supported everywhere or by everyone. I take the point of the noble Lord, Lord Stoddart: I regard the movement of labour in a free market as broadly beneficial, but I know that not everybody thinks so. Many people have expressed anxieties about it. This has been one issue that has come out of part of the accession. I believe that, broadly speaking, it has been economically advantageous to Europe rather than the contrary. However, I accept that many people who expressed anxieties were dismissed in a trivial way or saw their anxieties given grudging attention. Probably that did not serve the argument well.

Some people may have felt that changes of that kind were sufficiently profound that they wanted a say in the decision through a referendum. More than that, I suspect that they felt the need for some sort of shout about the overall size of the EU. For all that, were they to contrast the prospect of having a referendum on those questions with the ideas in the Bill about having a referendum on many minute, technocratic and in many instances unintelligible provisions, probably they would think that some of the issues raised by the noble Lord, Lord Stoddart, were more important than others. It would be foolish of us not to recognise that.

I suspect that some of the same arguments could happen with the Turkish accession. Let me be clear that we—certainly I do—totally support it. I welcome the dynamism that it represents. I also have no hankering for a Europe that is built around a single religious tradition—a view which has been expressed by many of the Eurosceptics and, indeed, in some European capitals. It would be a huge gain to see Turkey as a full member of Europe. It is absolutely right, as the noble Lord, Lord Tomlinson, said, that it has always played a fundamental role in the Council of Europe. This would be a huge gain for Europe in a much more profound sense—a Europe that is welcoming and able not only to cope with, which is probably too derisory a way to put it, but to embrace a major secular but also Islamic nation with a capability of bridging the interests of Europe, the Middle East and the Caucasus and bringing a great deal to stabilising the discussion right around the southern and eastern flank of Europe.

Whatever the merits that I might express about it, I know that those merits have been accepted by all recent United Kingdom Governments. However, there remain people—it has been something of a cause in France and Poland, for example—who believe that Turkish accession would have a major impact on the style and culture of the European Union. I think that the noble Lord, Lord Stoddart, described it as the ethos of the European Union. I look forward to these evolutionary changes regardless of whether others have expressed doubts. However, among those who have expressed doubts, some will probably feel that there will be an impact on them—a greater impact than some of the things that will be subject to referenda under the Bill’s provisions—and that they are not being asked their opinion.

The Minister will probably want to explain to the House the difference in approach and the apparent irrationality of the circumstances in which people will be asked for their view as between the different kinds of categories of issues at stake. The amendment draws the wrong conclusion. However, it cannot be said that the issue that it raises is inconsequential. Nevertheless, as I said at the beginning, we are opposed in principle, and we are. It would be better to remove the requirements for so many of these trigger clauses for referenda without providing any compelling definitions of issues of major constitutional importance and without an independent means of confirming the compelling nature of the decision.

It would be very helpful if the Minister could also comment on the point made by the noble Lord, Lord Ahmad, about what would happen were there to be a number of countries seeking accession at the same time. I will not invite him, however, to develop a new theory of AV which might allow for multiple voting—an outcome which probably everybody would fail to understand.

I can also see one other great risk in the kind of referenda that this amendment calls for, and that is in the area of producing campaigns which could very well be xenophobic and draw out the worst in relations between those seeking entry to the European Union and the domestic community of the United Kingdom, not least because many of those communities already in the United Kingdom are dynamic and vigorous parts of the society of the United Kingdom. The tensions that could be produced by that kind of approach would be quite unacceptable.

I also believe that accession does not transfer powers from the United Kingdom and that the House would do itself a considerable favour by recognising the beneficial characteristics of the growth that we have seen, a benefit which will unquestionably continue. As we look across the whole of the achievement of a peaceful European Union, I suspect that that will be seen historically to be one of the better departing points in our history.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, I begin by welcoming the noble Lord, Lord Triesman, to the forefront of the Opposition's concerns about this Bill. I think that he and I exchanged views from the Dispatch Box during the passage of the Lisbon treaty. We covered a great deal of ground then, and I think that we learnt a great deal from that process. Indeed, the British people learnt a great deal from the Lisbon treaty process, as did the whole of Europe. I look forward to lively debates with him in the future.

I have to say in parenthesis that should this Bill become law, the future will not be at all as the noble Lord describes it. The picture of a dribble of referenda on small issues completely misunderstands the way in which the European process works now or will work in the future, whether this Bill is on our statute book or not. I have obviously explained that insufficiently because the message has not got over, but as we continue our debates I hope to be able to make clear that the pattern will not be dissimilar to the pattern of the big treaty packages in the past, the difference being that if they contain matters that might look small but could be highly significant for this nation because they involve a transfer of competence or powers beyond the level of insignificance, that certainly requires consulting the British people. That is a very widespread view which this Government believe is important to satisfy in order to build a better consensus for the European Union than we have today from the British public.

However, that is for other debates: debates that we have already had and debates in the future. On this issue, we have had a very elegant exchange on the two sides of the argument. It is a debate in which the Government’s position is quite clear, as I shall make plain in a few moments. I find that when your Lordships tackle this sort of issue we put up a superb performance and all sorts of aspects are developed that do not necessarily emerge in the pattern of debates in the other place.

The amendments would alter Clause 4 to create an automatic requirement for a referendum in the UK to approve the accession of a new member state to the European Union. As your Lordships know, the UK has never required a referendum on accession treaties in the past, and this Government have been clear that there should be no referendum requirement merely for the accession of any new member state. That was the position also taken by the previous Government, of which the noble Lord, Lord Triesman, was a member. Why is that so? The simple point is this: the accession of a new member state alone does not constitute a transfer of competence or power from the UK to the EU. The transfer of powers or competence to the EU would be from the member state joining the European Union, not from the UK. Of course, there are some effects, possibly including a change in bilateral relations if a country becomes a member of the European Union. No one disputes that, but we are not really talking about effects or impact; we are talking about the transfer of powers and competences.

I apologise if that sounds narrow, but that is the limitation of the provisions of the Bill. Of course, we are aware of the need to avoid providing a loophole in our referendum provisions in case there is a proposal to use an accession treaty to transfer power or competence from member states other than the acceding state. That could occur, so this Bill provides for a clear requirement for a Ministerial Statement to be laid before Parliament about whether an accession treaty constituted a transfer of competence or power from the UK to the EU in accordance with Clause 4. If the Minister decided that such a transfer was proposed, a referendum would then be required, but if there was no such transfer no referendum would be required. I hope that reinforces the point that I was making earlier.

BBC World Service

Debate between Lord Howell of Guildford and Lord Triesman

Wednesday 26th January 2011 Lords Chamber

[Lord Howell of Guildford]

With respect to the noble Baroness, I think there is a missing point in her concerns. Of course we want to see services, communication, influence and the independent voice of Britain promoted. However, as I said in answer to an earlier question, the English short-wave broadcasts to Russia, the former Soviet Union and China were simply not getting through. What was the point in going on spending money on services that were not getting through? We are moving into a new era of technology in which the way to get our values and the message of the BBC World Service through to the millions in Russia and China for a start is not necessarily best done through trying to push our way through short-wave systems which are being closed down. These people are turning to online information. They are using their mobiles. They are increasingly turning to television. These nations are developing rapidly and the radio plays a part but not the part that was played before. So while not denying for a moment that there are cuts—of course there are and it is absurd to pretend otherwise—the reconciliation is that we are looking at a new pattern of technology and the communications required have got to be different. That is the way our aspirations match what is now being proposed.

[Lord Triesman]

I declare an interest as the Minister who for several years was responsible, among other things, for the World Service. This is one of the most depressing Statements I think I have heard in the House. One of the answers to my noble friend Lady Symons demonstrated that a major public speech made at the beginning of July by the Foreign Secretary meant absolutely nothing when it came to the practical implementation and the cuts. As the Government knew on 1 July what the extent of the possible cuts would be, the speech should never have been made.

In 2006—and this does lead to the question—I agreed to the cutting of some language services in eastern Europe, mostly in nations which were then part of NATO and had fully independent media of their own, in order to move the money into the Arabic and Farsi language services which were due to make a very fundamental difference to our overseas action. I believe that was the right move. Of course it is right to move away from short-wave where it cannot be received, but we were moving away even in those cases to FM, which could be received. Everybody said, especially the noble Lord, Lord Carter of Coles, that the switch to new platforms would not be an adequate replacement. Is it not the case that, from the report produced by the noble Lord, Lord Carter, onwards, it was understood that the projection of soft power was a good deal more economical than many of the alternatives, brought huge bonuses to this country, and that in fact these savings will turn out to be a fiction?

[Lord Howell of Guildford]

I really cannot comment on the noble Lord’s last point because the administrators of the BBC World Service are serious about operating their budget in a new and more effective way within the limits that have been imposed upon them. However, I should like to lift the noble Lord out of his depression because I believe that he is reading too much into the gloom and pessimism around this. I know that he understands the position because he knows all about these things, but I am not sure that he is accepting enough of the new possibilities and the new patterns. I mentioned that this Statement, among other things within the constrained budget, includes some new services, including TV programming in Urdu, in sub-Saharan Africa and in Hindi to be provided by local partners. No doubt other ideas and innovations are also in the pipeline which we will learn about in due course. I have also mentioned that funds are being found to assist the BBC World Service in its immediate pension deficit, which again is an inherited matter although I do not ascribe it to or in any way blame it on the previous Administration.

That said, I think that his words are exaggerated. The very substantial budget over the next three years of the spending round is still a big part of our intentions and expenditure in the Foreign and Commonwealth Office. When this joins up with the full BBC in 2014 the programmes will continue in a highly vigorous, effective and modern way. So I just do not accept the reasons for the noble Lord’s pessimism and depression at this time.