(13 years, 1 month ago)
Lords Chamber(13 years, 6 months ago)
Lords ChamberMy Lords, I hope that your Lordships noticed that my noble friends and I withdrew a number of amendments in Committee and forbore to table any on Report or, again, at Third Reading. We did this to reduce by several hours the inordinate time it was taking for this Bill to pass through your Lordships' House, and so, with the leave of the House, I shall speak very briefly now on the Motion that this Bill do now pass.
The first thing I want to do, and it is not much fun, is to recall what I said at the start of my Second Reading speech on 22 March and now to regret that noble Lords in receipt of a forfeitable EU pension, with one honourable exception in the shape of the noble Lord, Lord Williamson, did not declare that interest during our debates. As I said at Second Reading, it is not helpful to members of the public or those who read our debates if they are not told of noble Lords’ past experience of the subject under debate or where those noble Lords are coming from. That omission skews the whole tone and understanding of our debates, quite apart from anything else.
Although I and those noble Lords who feel as I do on this subject have received no support on this matter from your Lordships' nomenklatura, in the shape of our Committee for Privileges, I am grateful for the public support which we have now received in the national press: from this country’s leading and most amusing diarist, Mr Quentin Letts, on 26 March in the Daily Mail and from the political editor of the Mail on Sunday, Mr Simon Walters, on 19 June. For those who wish to go into the detail of this unfortunate situation, I again recommend my debate in your Lordships' House on 19 July 2007.
As we now look back over our debates and divisions on this Bill, the situation is even worse than a mere failure to declare such an obvious financial interest in debate. Three amendments were carried against this Bill—
In view of the importance of these matters, would the noble Lord also undertake to the House to work very hard indeed, since he is getting such support from the many owners of these newspapers, particularly the tabloids, who support his campaign against Europe, to ensure that they pay UK direct taxes as quickly as possible?
I am not sure that that intervention is entirely on target. I thought the noble Lord was going to berate us about the Murdoch press, and I do not think that the two newspapers to which I referred belong in the Murdoch stable. I am quite happy to collaborate with the noble Lord on that if he will collaborate with me on getting the BBC to fulfil its duty to explain to the British people how the European Union works.
I think I got as far as saying that three amendments were carried against this Bill which together emasculate it entirely and deny the British people any chance of a meaningful referendum on our relationship with the failing project of European integration, which they do not like.
The point I now want to make about those amendments is that they were largely proposed by noble Lords in receipt of a forfeitable EU pension, most of them undeclared, and they were all carried by the votes of noble Lords who did not declare their interest. I can but suggest that the Privileges Committee revisits this subject before the Bill returns from the Commons and does the obvious thing.
As the Bill now leaves us, there is one other regret that I would like to record. It is that the Government did not respond to a question about the background to this Bill which I put to them twice. The Government’s excuse, no doubt in their mind when they designed the Bill, may be that the Bill should not have allowed us to discuss the EU’s real defects: its common agricultural and fisheries policies, its wasteful and fraudulent use of vast sums of taxpayers’ money and its entirely undemocratic and secret law-making process which now controls so much of our lives. The question I put was this: given that even our political class is beginning to see that the euro was and is designed for disaster—
(13 years, 7 months ago)
Lords ChamberMy Lords, I wish to intervene briefly on these matters. Although the amendments have been described as probing, I hope that the Government will be able to give a considered response to this interesting set of ideas, particularly the second amendment, which needs attention from the Government. On the most recent Committee day, hopes were expressed that the Government would respond to the constructive suggestions made in a raft of amendments. I hope that the Government will respond in that way today.
Ministers are definitely responding in the sense of having discussions outside the Chamber about what might be parts of the Bill in future. I hope that that will continue and people would be grateful for that. Any answers that could be given in the Chamber to take us further forward to make the Bill more sensible, more proportional—to use that important adjective—and more balanced would be very welcome.
As an example of messages sent by my noble friends the Ministers, I appreciate that the noble and learned Lord, Lord Wallace, kindly sent me a copy of the Daily Express attack that was mounted on his correct and sensible words in the previous Committee session. This is relevant to these amendments as well. I will not quote every word that Mr Patrick O’Flynn wrote in the Daily Express on Saturday 14 May because it would take too long, but he said that perhaps Mr Clegg’s ambition of changing the House of Lords would be justified after all. Although the Daily Express would not normally support that kind of thing—I am paraphrasing—on this occasion he was attracted to Mr Clegg’s ideas because he had just discovered that,
“the current way of selecting peers—appointing establishment time-servers—has turned it into a hotbed of European federalists”,
referring to the debates in the most recent couple of Committee sessions. He continued:
“The Lords is now full of people I have always regarded as ghastly pro-EU creatures … turncoats such as Lord Davies of Stamford and Lord Dykes”,
Ministers,
“such as Lib Dem Lord Wallace and returnees from the Eurogravy train such as Labour’s Lord Tomlinson. Much of the time they spout rubbish about paying homage to Brussels. They were at it again on Monday”—
that was 9 May—
“turning their guns on this newspaper’s crusade to get Britain out of the EU. Lord Wallace complained about the opposition of the Daily Express to the flying of the EU flag from British public buildings … Pearson reminded the pro-Brussels coven: ‘Millions of people in this country actually welcome the campaign to leave the EU which the Daily Express has started’”.
I think that the total number of people who supported the Daily Express’s dodgy little campaign was 370,000, which is one and half times the average size of a London borough, representing the whole nation. That shows how few people actually read the Daily Express. Mr O’Flynn then concluded that the noble Lord, Lord Pearson,
“challenged Dykes to admit ‘that the absence of the European flag on most of our public buildings reflects the wishes of the British people’”.
My Lords, before the noble Lord continues with his line on the Daily Express, when he mentions those 370,000 people, does he realise that that is the most successful newspaper campaign of this kind that there has been? Each one of those people took the trouble to take a pair of scissors, fill in the form, cut it out, put it in an envelope with their own stamp on it and send it to the Daily Express. He should not dismiss this campaign so easily. It is growing, it is going to go on and it is going to win.
I think that there have been examples of much larger figures when money has been offered by newspapers, although on this occasion the Daily Express at least had the grace not to offer any money. We know that the whole thing is got up by the British press, a small number of headbangers in the parliamentary Conservative Party in the Commons, UKIP, the BNP and other entities like that—not many people. I am returning to the amendment as quickly as I can, but I am quoting the Daily Express’s remarks to show the background to the whole campaign. Clause 6 would directly affect the status of all the provisions in it and make them subject to referendums. It has nothing to do with the common sense or logic of it.
Another letter, to the noble Lord, Lord Flight, on his points, was sent from my noble friend Lord Howell, who has kindly sent copies to other participants on these debates. The very acceptable reply gives ample intellectual and practical cover for the notion of the Government now having the imagination to remove some of the other sub-subsection areas from the classification of being subject to a referendum. We therefore concentrated on the three, four or five areas which could be retained—we differ on those, although some people say we differ only on the euro—starting with euro inclusion, which is generally regarded as the most important, as already supported widely in the Chamber in recent debates. We will therefore reduce the future nightmare for hapless Ministers suffering agonies of confusion in the Council of Ministers and receiving the wrath of their counterparts for paralysing the Union on literal trivialities.
When a Bill is complex and incomprehensible, and far too verbose and heavy because it has to cover so many points, I feel sorry for the government draftsmen who have to assemble it—in quite a short time, I imagine. They would probably regret it, and wish to look at it again. When you feel it is complex and incomprehensible, you turn to the Explanatory Memorandum, but that does not help at all. In respect of what the noble Lord, Lord Kerr, was saying when he was particularly concerned about subjection (5)(i) and (j) of Clause 6, paragraphs 78 and 80 on page 18 of the Explanatory Memorandum show once again how obnoxious Clause 6 is compared to the earlier clauses. I will not go into detail, or I will take too long. However, the last part of paragraph 80 refers to moving from unanimity to qualified majority voting:
“This is in line with the provisions of subsection (5)(b) above. Such a move would not require a referendum, however, if a referendum had already been held to approve a decision to move from unanimity to qualified majority voting in accordance with subsection (5)(i) in the same area of enhanced co-operation. To do so would in effect mean holding a referendum on whether to change the role of the European Parliament or not, and would not be a transfer of power or competence”.
I suppose that you might say that that would be literally true, subject to carefully re-reading it again. However, the noble Lord, Lord Hannay, talks about throwing the key through the window. That would not, of course, be a good idea because some sensible pro-European pragmatists would pick up the key. They would find it in the street, come back in and unlock the secrets. You have to put it down a hole to ensure that the whole thing is abandoned. An explanation like that shows the bad quality of a badly drafted Bill, particularly this clause.
(13 years, 7 months ago)
Lords ChamberI entirely accept that. Indeed, no member state is forced to fly the flag. It is interesting that in Germany, France, Italy and other countries, routinely, all or most government buildings fly the European flag as well as the national flag. We know that President Sarkozy, when he has a television interview, always has, alongside the tricolour, the European flag.
Will the noble Lord admit that the absence of the European flag on most of our public buildings reflects the wishes of the British people, if not the wishes of our Europhile political class?
The British people have not been consulted on that in any way. If they were, they would probably be very much in favour of it. I think that the younger generation, in particular, would like to see the European flag flying alongside the national flag. You can be a patriotic Britisher and a keen European as well, and there are plenty of them.
If the noble Lord will forgive me, I will not give way again at this stage.
The feeling about Clause 6 is mounting that it will have a worse effect than the previous clauses. Yet again, I do not believe that the Government have thought out the dangerous subsections. Any British Government of whatever colour or, in the case of a coalition, whatever combination of parties, could find to their dismay that the communitarian habit of working together by positive and constructive consensus for the greater European benefit and that of the national member states would be stymied by a sudden, brutal UK stop-all on routine matters of state business in the Council of Ministers. We would therefore paralyse ourselves for no good reason other than the propagandistic appeasement of the Daily Mail, the Sun, my noble friend Lord Hamilton and a few other headbangers in the Commons on the Conservative side. I did not mean to say that my noble friend Lord Hamilton was a headbanger; far from it, he is a very respected Peer who succeeded me as chairman of the European Atlantic group, so he must be a very good bloke indeed. We would also bring the whole European Council process to a stop. We recall that in the first section of the coalition agreement on Europe the Government wanted to play a leading role and to be a positive participant in the EU, but this amazingly stupid clause is a funny way of dealing with our aspirations. If it were passed, the Government would henceforth face regular clashes with their partners for no good reason other than to have a clash, and this would come from the member state that insisted on no artificial hurdles and, quite rightly, full QMV for the single market—indeed, full integration in all aspects of the single market.
Lisbon went wider on the machinery of collective decision-making than previous treaties. It included similar techniques to the ones first introduced by the Single European Act, when huge new powers were agreed for the Union without the UK authorities and indeed Mrs Thatcher, in particular, running away, as was alluded to earlier. Why were we so surprised to see other member Governments appreciating our zeal for the Single European Act and wishing to apply its mechanisms to other areas as respectable normative integration between friendly, like-minded and patriotic member countries? Why are we so insecure that we have to agree with Bill Cash and John Redwood on these issues? If the Government were sensibly to accept all or some of the original main amendments in this rather unwieldy and elaborate cluster, they would be doing themselves and Parliament a big favour in sparing us from the agonies that will surely arise under this dotty clause.
(13 years, 7 months ago)
Lords ChamberThat is an improvement, then. The noble Lord is now saying that this country should sign lots of treaties with other countries for all sorts of arrangements. Why can they not include the most sensible treaties of all—the treaties of European union and the two treaties listed in the Bill, which enable us to increase our own intrinsic sovereignty rather than reduce it?
Because those other organisations do not make our law without the consent of this Parliament or our people. That is the difference.
I am movingly grateful to my noble friend for his enlightenment.
Before the noble Lord continues with his exceptional peroration, will he undertake to put in the Library of your Lordships' House or to circulate to those of us who have taken part in the debate this fascinating survey, to which he has now referred twice, which rubbishes every headline about Europe that has appeared in any of our more sensible national press?
Sensibly, I expected at least one or two of the 125 to be correct, but they were all incorrect. I am very happy to show it to him—
I do not think that it would be fair to the House to give way again. I know that one should do if someone wishes to insist, but I would prefer not to. The noble Lord made quite a lengthy speech.
I can put it in a sentence. Did the noble Lord say that he was happy to share this with all of us?
Absolutely, at any time; I am very happy to do so.
It is mischievous tomfoolery of the worst kind to waste Parliament’s time with an unnecessary, foolish Bill, except that it is trying to do just what we cannot accept: bind a successor Parliament, as other noble Lords have said. Suppose that a nervous and weak future Government accepted a referendum on a small change in treaty powers because of a press campaign. As Professor Bogdanor suggested in his evidence to the Commons European Scrutiny Committee, there might be a turnout of, say, 26 per cent, with 13.5 per cent voting against and 12.5 per cent voting for. What should the Government do? That is what would happen with this nonsense.
Of course, the whole pantomime could be made advisory only, as in 1975, at least for the Parliament, if not for the then Government. It is worth remembering that the “referendum lock” proposal enables a Government to reject a new so-called transfer of power treaty change, or presumably major passerelles, but it does not automatically give the public or Parliament the right to vote on it. Then we have judicial review to complicate and delay the whole process. Hence, the lock could even stop other Governments from adopting a treaty change, which is an amazing thought.
We therefore have to look searchingly and meticulously at this very strange Bill. If we can use the phrase “the upper House” in the modern era, this House is ideally suited to this process; the other place is not. I submit that a passerelle is a gangway or a footbridge; it is neutral and level, most the time. It is not a ratchet, which is the wrong word that the Government foolishly chose. The British Government wholeheartedly supported QMV procedures for the single market. That was a very good example to build on. The other member states thought that we would follow it in other fields, as they intended to. We need to look very searchingly, particularly at Clauses 3 to 7 and the rest of the paraphernalia in this difficult and complicated Bill.
I am sure that the whole House is grateful for the timely and extremely critical report of the Constitution Committee, which is damning in its criticisms, although couched in its characteristically polite language. As the Bill attacks existing EU legislation anyway, it may well be repealed as it is incompatible with our existing treaty duties, including under the Lisbon treaty itself. This is also why Liberal Democrats above all have a duty of care in this grave matter tonight and in the later stages of the Bill.
I amplify what the noble Lord, Lord Kerr, said about the noble Lord, Lord Wallace. Not being Scottish, I cannot share the same emotion, but I, too, am a great admirer of my noble friend Lord Wallace of Saltaire. He is armed with another high moral purpose, duty and tradition as a resident of the very houses of Sir Titus Salt in Saltaire. I think his house is in George Street, which was named after Sir Titus’s son. That great creator of the model village, the mill, the workers and the welfare system had a high moral purpose and my noble friend too has a duty to try to deal with this Bill sensibly, bearing in mind the damage that has been done, unwittingly and accidentally, I submit, in the coalition agreement. The Guardian leader of 7 December stated:
“so many ministers know their bill is nonsense. Coalitions involve compromises, but it is a shameful moment to see Britain's most pro-European party”—
the Liberal Democrats—
“and pro-European Tories such as Kenneth Clarke, trooping into the lobbies tonight in support of such a foolish, feckless and futile Bill.”
(14 years ago)
Lords ChamberMy Lords, can the Minister confirm again that these are overwhelmingly technical, clerical, administrative and operational mistakes, and not to do with fraud, which accounts for a tiny amount; and that fraud has also occurred regularly in the United Kingdom?