European Union Bill

Lord Risby Excerpts

Monday 13th June 2011 Lords Chamber

[Lord Triesman]

My Lords, this is very close to an amendment that my noble friend Lord Radice moved in Committee. For that reason—aside from that of plagiarism, having reproduced the amendment so closely—I shall be very brief.

It appears that the circumstances in which the referendum on whatever subject—an omnibus referendum on a treaty or a more limited one—would be held would be those in which the Government had concluded that it was right to take matters to both Houses. They would have secured a majority in both Houses, including —critically, because of the confidence issues—the House of Commons. Legislation would have been approved by Parliament and would therefore have become the position that Parliament had adopted. That is the decision that would then be put to a referendum—put before the people of the country to overturn it, should they choose to do so. Throughout that process there can be little doubt that it would be incumbent on the Government, and anybody who supported them, to pursue as vigorously as they could the case for the change that they advocated. It would be pointless—indeed, frivolous—if a Government did not, by the time they had reached that point, argue fiercely for the substantive issue.

It is particularly true that that would be the case because, so often when we were dealing with matters to do with Europe, the previous Government did not argue effectively or convincingly. The case was never put with the level of conviction that, on reflection, I should have liked to see. In those days, the Opposition—now the Government—never pursued an argument for Europe with any great vigour that I could detect. There was in general no great desire to do so. However, it will become very important that it should be done—that the argument should be pursued, and that there should be some proper presentation that will enable people to understand why any kind of decision is being put in front of them at all.

I say that in the briefest terms for this reason. I have no doubt that if and when any referendum takes place, whatever the substantive issue being put before the people of the United Kingdom, there will be those who regard the occasion as an ideal opportunity to argue against membership of the European Union per se. It will come up and it will begin to look like the opportunity—for which some people outside this Chamber and some within it have urged—for another decision to be taken on Europe. We shall find that that is how the argument will be displayed in much of our media. It will not necessarily be about the issues; it will be about whether people really want to be in Europe. The media will campaign vigorously around that. Of course, the decision will be on the substantive issue in the referendum, but I have little doubt that the campaign will be disfigured by the argument over whether we should be in Europe at all. That is why there is a great deal of merit in asking the Government to have regard—not a very high hurdle to climb over—to,

“the desirability of promoting the United Kingdom’s membership of the European Union”.

My noble friend Lord Radice put that point in very convincing terms in Committee. There are extremely good reasons for it, not least that we have all failed so abjectly to argue the case for Europe with great effect in the past. I beg to move.

[Lord Risby]

My Lords, I very much agree with some of the underlying sentiments of the noble Lord, Lord Triesman. There are powerful reasons for us to be part of the European Union and to have a positive view of it. Of course that is the case. Sometimes that is completely lost in the wash, which is regrettable and unfortunate. However, on promoting the desirability of our membership, I just point out that we have to take great care over what we do in this respect. One of the most extraordinary episodes under the previous Government was their attempt to explain the euro. We had the exceptional sight of the then Europe Minister, Mr Keith Vaz, going round in a white van to various market towns, handing out literature explaining why the euro was a very desirable thing. The net effect of this risible campaign was to cause support for the euro to diminish, so we have to undertake these things with great care.

The amendment implicitly reflects concern about the lack of popularity—

[Lord Dykes]

I am most grateful to my noble friend for giving way, but has he not left out the vital fact that a lot of support for Europe grew out of Mr Keith Vaz having learnt the trick of taking Mr Eddie Izzard round with him on the campaign?

[Lord Risby]

I discussed this episode with Mr Keith Vaz and I am not sure that he felt it was one of the high points of his political career, but we can leave it at that.

The amendment implicitly reflects our concern about the EU’s lack of popularity, but I fail to see the point of it. It is completely unnecessary. To have a referendum the Government need to have agreed the relevant treaty in Brussels in the first place, and Parliament will have enacted an Act of Parliament, having debated and scrutinised it. I entirely agree that a referendum campaign should educate the public in the fullest sense of the word. Presumably, having decided on a referendum, the Government would like to win it. The notion that they would somehow be against the EU, implicitly or explicitly, makes a nonsense of the whole situation. Why waste money on such an exercise? The case for membership is explicit in the whole referendum process. The way to change the view of the desirability—

[Lord Lea of Crondall]

I am most grateful to the noble Lord for giving way, but I am rather intrigued by his clear statement that the Government will want to win a referendum. Is he absolutely sure that they will not do a Pontius Pilate in some cases in a referendum?

[Lord Risby]

If a Government have got that far and want to test public opinion, it is very unlikely that they would behave as the noble Lord suggests. It is not likely that a Government would embark on a referendum if they thought that they were going to lose it. That is not the natural course of political events, but perhaps the noble Lord—

[Lord Hamilton of Epsom]

Surely it goes somewhat further than that; if the Government put forward a referendum that they are trying to win and they lose it, that damages their credibility.

[Lord Risby]

That would certainly be the case; I entirely agree with my noble friend. The way to change people’s view of the desirability of EU membership is simply to prevent them believing that we have been on a conveyor belt to greater integration without their assent. That is the real point; it is better than any publicity campaign. The real reason for negative attitudes is because over the years when there have been European Council meetings or discussions over treaties such as at Nice, Amsterdam or Lisbon, we have had the whole “Grand Old Duke of York” activity on the part of successive Governments. Statements have been issued by Downing Street, particularly more latterly, that indicated that great victories had been won for Britain, which no other European nation would recognise as being the truth at all. The good thing about the coalition Government is that all the spinning and posturing that characterised our relationship with the European Union has stopped. Where has anyone seen it in the past year? That is an admirable change for us all. The Bill will give us a better chance of restarting our relationship with the EU by addressing public attitudes than any publicity campaign could possibly do.

[Lord Radice]

My Lords, I support the amendment in the names of the noble Lords, Lord Triesman and Lord Liddle. I could hardly do otherwise as it is an exact replica of the amendment that I moved in Committee. I thought it was a good thing then and I that it is a good thing now. In Committee, I made a general case for Ministers—the amendment refers to the general case—making a positive case for the European Union.

European Union Bill

Lord Risby Excerpts

Monday 13th June 2011 Lords Chamber

[Lord Faulks]

I am grateful to the noble Lord and I accept his point. I am not quite sure what is the position of the party opposite in general terms on the European prosecutor. In Committee, the noble Lord, Lord Triesman, said, “Just say no”—as he said in respect of several proposals—from which I understood him to mean that Parliament would not put forward the possibility of a European public prosecutor and that there would therefore be no need for the referendum lock. However, from observations made by the noble Lord, Lord Liddle, I was not at all sure where he stood on the European public prosecutor.

I am, however, in no doubt about the view of the noble Lord, Lord Davies of Stamford, because he described the matter as being, to use his words, a no-brainer. Were somebody with his views to be the Minister for Europe in some Government to come, it would no doubt be said that the establishment of a European public prosecutor was generally to be the policy of the Government. The matter would then go through Parliament without the British people having been consulted and we would then have a European public prosecutor, with all the disadvantages which I have attempted to identify.

I am not in any way lacking in enthusiasm for the European project but, as a lawyer, I am aware that whereas sometimes I would like to conclude a negotiation without consulting my client—often I think I do much better without consulting my client—it is sometimes necessary to do so and to seek their instructions. It seems to be accepted on all sides of the House that enthusiasm for the European Union is, sadly, not as great as it might be. It is therefore, I suggest, incumbent on us as parliamentarians to consult and inform the people by means of a referendum, so that we can reconnect with those who are the source of our power.

Although I accept the qualifications made by the noble Lord, Lord Hannay, the amendment would take away that reassurance which has been identified by the coalition Government. I suggest that they have identified the zeitgeist. The Bill reflects what the country would like. To remove the referendum lock in the way proposed by the amendment would undermine that.

[Lord Risby]

My Lords, perhaps we could return to the Laeken declaration, which signified a very important moment in the history of the European Union. We all recognise the problem of disconnect. The Laeken declaration was intended to inform the individuals who were considering the whole future of the European Union what should be done about that problem. It is a fair summary to say that out of the Laeken declaration we saw the emergence of the constitutional treaty, which became the Lisbon treaty. Anyone, by any objective standards, would have to conclude that the spirit of Laeken, which was meant to inform the constitutional treaty, and later the Lisbon treaty, was not successful. Right across Europe we have seen an increase in Euroscepticism and in the disconnect between the peoples of Europe and the institutions of the European Union. The treaty, which was meant substantively to deal with that problem, has failed, not only in this country but right across the European Union. I suppose that one of the definingly difficult moments in the history of our relationship with the European Union was when Tony Blair substantially gave up the rebate in return for some structural reforms particularly linked to the common agricultural policy.

At the heart of this Bill must be the veto for the very firm purpose of restoring a sense of ownership of the processes of the European Union and our relationship with them. I think we all agree that the rebate is a most sensitive issue. Therefore, I just pose this question: would we wish to delete the requirement for a referendum if a future Government agreed to remove unanimity from the EU multiannual budget? This is a very contentious issue—it covers the whole envelope of European Union spending. The annual budget veto has already gone, and I suggest that nothing, particularly at a time of austerity, would be more damaging. It is precisely the threat of that happening that the Bill attempts to deal with.

I come back to the point that right across the European Union we have failed dismally to give people a sense of ownership or to secure the feeling that they have some sort of control. Therefore, comprehensive but clear processes, with a significant range of vetoes, are crucial in this country if we are to restore a sense of confidence and connection between the people and the European Union.

[Lord Stoddart of Swindon]

My Lords, I think that I have taken part in virtually all our Committee days. We are beginning to get to the end of our labours, although there are still a few amendments to go. This is a very important amendment and it has been discussed at great length. However, I want to get back to the reason why we have the Bill at all. It is because the people of this country have felt let down by the Government, and indeed by Parliament, for not involving them in very important decisions which affect their lives and the future of our country. I think that the Lisbon treaty brought that to a head and persuaded the Conservative Party that it had to do something about it. Together with its Liberal Democrat colleagues, it has now brought forward a Bill which, frankly, I believe has to stand virtually as it is or not at all. For that reason alone, if there is a vote, I shall vote against the amendment.

During our debates, we have heard a lot about parliamentary democracy, and so we should. Of course everyone agrees with real parliamentary democracy, if that is what we are talking about, but are we really talking about proper parliamentary democracy or do we have a “whipocracy”, in which great issues are not decided following proper debate in Parliament and relatively free votes on important constitutional matters but are voted on at the behest of government with strong whipping? Under those circumstances we cannot say that Parliament alone should be responsible for the great issues of who governs Britain—which is what it is all about.

European Union Bill

Lord Risby Excerpts

Wednesday 8th June 2011 Lords Chamber

[Lord Risby]

My Lords, it is worth pointing out that the referendum is now part of our political culture. Indeed, it is not only part of our political culture, but right across the European Union referendums are deployed to get people’s views. It is now a fundamental part of the whole democratic process. However, the potential effect of this amendment is to make the referendum advisory. That is the point because if it is below 40 per cent the decision is referred back to Parliament. The essence of that argument is that the result ceases to be mandatory and effectively becomes advisory. That destroys the whole point of the reconnection process.

We are trying through the Bill to reconnect the people of this country with the European Union. It is a big challenge. If we are going to re-engage people in that process we must recognise that, if there is going to be constitutional change, the vast majority of people will want to feel that their voice is represented in the process. We owe that to them. I very much agree with the noble Lord, Lord Stoddart, that the 40 per cent figure is arbitrary. It would be absurd in a local or European election, when sometimes the figure drops below 40 per cent, to reject the result. That is not the way we do things. We must remind ourselves that the vast majority of people will want a referendum if there is going to be an important transfer of powers to the European Union.

The AV referendum showed us that on an important constitutional issue, the people of this country will be fully engaged. They took it seriously and voted in great numbers. I have the greatest confidence that in a matter such as the one before us, the potential transfer of additional powers to the European Union, they will of course be very interested. Therefore, I feel that turnout would be quite high.

We must make sure that people feel that when they vote, their vote counts and is decisive. Otherwise, it will destroy the point of the referendum. The referendum lock should be given without qualification; it is in the spirit of what the Bill is about. The fullest acceptance of the referendum result voted by the people is something that we should recognise. It is our duty as parliamentarians to do so.

[Lord Flight]

My Lords, I voted on two occasions for the Rooker amendment on AV. It is tempting to join the noble Lord, Lord Lamont, in taking the position that there may be a similar argument for supporting here an amendment that requires a 40 per cent turnout. However, the position is not at all analogous. In this situation, the aim is to protect the people of this country from having the powers of their Parliament and Government further diluted and given away, as has sadly happened in the recent past, with Parliaments breaking their word to citizens and acting in a way contrary to that which they promised—I refer, for example, to the recent Lisbon treaty.

It is very clear that the Bill is there as a protection for the British people, and it would be made meaningless if we said to them, “We are going to give you this lock and protection, but if less than 40 per cent of people vote, we will give power back to the Government of the day who command a majority in the House of Commons”. It is not an analogous situation to changing the voting system, where there were powerful arguments requiring an adequate turnout. It is not a situation that Burke would have supported in the slightest; he would have been absolutely against giving away the powers of the British Government and Parliament to another organisation. Either we give citizens a meaningful lock or we do not. Therefore, I feel no discomfort in opposing these amendments, having supported the Rooker amendment on AV; it is the whole point of the Bill.

European Union Bill

Lord Risby Excerpts

Tuesday 17th May 2011 Lords Chamber

[Lord Willoughby de Broke]

My Lords, I support my noble friend’s amendment. Perhaps I may disagree rather gently with the noble Baroness, Lady Nicholson, who said that a transfer of money is not a transfer of power or competence. The noble Baroness, Lady Brinton, said something similar, I think, at Second Reading—I have rather lost track of whether it was Second Reading or the first, second, third, fourth or fifth day of Committee. I disagree. The noble Lord has taken net figures. I prefer to deal with gross figures—our gross contribution is something like £15 billion. After all, if you are a taxpayer, you do not say, “I am only paying 10 per cent tax” if you are paying 50 per cent, 40 per cent or 20 per cent tax just because you are getting roads or police services; you are paying the headline tax.

We pay a lot of money to the European Union. We get some of it back in the rebate, which was halved by Tony Blair, and we get some of it back as contributions to the CAP and the cohesion funds. All those funds come back with an EU label on them. I give an example as a farmer. I am in the Highland stewardship scheme and I continually get letters from Defra saying that it is going to change the timing of the payments because it conflicts with EU rules or that I cannot plant this or that because the Commission has told us that we cannot. That demonstrates to me very clearly that a transfer of money to Europe gives that amount of money’s worth of power to Europe to tell us what we should do with it. It sends it back to us with an EU label on it telling us how we may spend that money. That seems to me an incontrovertible demonstration that a transfer of money is a transfer of power.

People deserve a referendum on whether all this money should continue to be given away. I am not sure why we have set the limit at £10 billion. It sounds very high to me; I would put it much lower than that. The British people should surely be given a say in this vital matter of supply, because, after all, it is their money that is being supplied. Therefore, I strongly support my noble friend’s amendment.

[Lord Risby]

My Lords, I apologise for arriving in your Lordships’ Chamber a few minutes late; I was unavoidably detained. I think that the Committee should be grateful to the noble Lord, Lord Pearson of Rannoch, who has underscored something which causes huge concern to the people of this country; that is, the spending patterns within the European Union and the lack of accountability. In that sense, he is entirely correct.

The Bill sets out that a referendum would be necessary if there was a proposal for the veto which covers the multiannual budget—the seven-year budget—to be removed. That financial perspective is crucially important given all the various spending envelopes contained in it. Of course, the previous Government gave up the veto on the annual budget.

It is right that people have been concerned about the proposal recently for a 4.9 per cent increase by the Commission, which is absurd. It has got nothing to do with irrational newspaper headlines; it is a fact that there is austerity in all parts of the European Union and this has to be reflected in what is proposed by the European Commission. It has led the Prime Minister of our country to make this point clearly and I hope that, in due course, as it is further examined by the Commission and the European Parliament, it will be dealt with.

We can all be grateful for underscoring the importance of the necessity for frugality. However, the Bill deals with transfers of power and competence, a point made by my noble friend Lady Nicholson. Funding of the EU is not part of the Bill and therefore the amendment is irrelevant.

On the point about fixing the sum of £10 billion, the noble Lord, Lord Pearson, asked what the benefits were from membership of the European Union. Over the years, the Commission has been able to drive reform in many member countries which, for domestic reasons, found it very difficult to improve competition and undertake privatisation of their nationalised industries, and it has done so very effectively. It has been useful for national Governments to have that force available to enable them to do so and the Commission has driven forward the single market in that respect effectively—not perfectly but effectively. For us, as a trading nation, that has been a significant contribution to our own prosperity.

For many reasons the European Commission needs a budget—frugal and sensible, but a budget it certainly needs to carry out its functions.

[Lord Stoddart of Swindon]

My Lords, like the noble Lord, Lord Tomlinson, I welcome this modest amendment from the noble Lord, Lord Pearson. He is seeking a referendum—or at least to discuss the possibility of one —at the appropriate time, which falls within the competence of the Bill, on the amount of money the people are paying to the European Union and what they get for it. It is about time the people of this country were consulted in a far greater manner about the money which they have to pay, one way or another, across the exchanges to the benefit of other countries. After all, the taxes levied in this country are now high and are going higher. People cannot understand why on earth they are being squeezed to the extent of about £20 billion a year when we are paying over to the European Union £10 billion a year. Indeed, if we also take into account the loans, it is more than £22 billion a year.

We should understand that that money does not belong to the Government but to the taxpayers, the people who are being asked to pay more and more out of their own pockets while we pay more and more across the exchanges to other people who, in some cases, may very well be better off than ourselves. It is therefore about time the people of this country were consulted about the money they pay—not the Government—to the European Union, which, quite frankly, is not popular in this country. According to the latest opinion polls, a majority of people would be happy to come out, which is why I would like them to be consulted. The people of this country are not against referendums—indeed, they would still like a referendum on the Lisbon treaty. They showed in the AV referendum that they can respond to argument and give a proper and positive decision.

The noble Baroness, Lady Nicholson, said that this is a small country and that its influence is improved and increased by being a member of the European Union. She implied that this country really could not go it alone. It is very odd that this little country built an empire with far fewer than 60 million people; that it has now established a great Commonwealth which unfortunately it does not make enough use of; and that it stood alone against the forces of Nazism during the last war and therefore saved the world from the ravages of Hitler. That is not a bad record.

European Union Bill

Lord Risby Excerpts

Monday 9th May 2011 Lords Chamber

[Lord Davies of Stamford]

The noble Baroness has made one of the longest interventions that I have ever taken in my time in either House. I shall not reply at such length, but I will say, first, that I have never made ad hominem or ad feminam arguments in this place; I have tried to address the issues and I hope that she will try to do the same. Secondly, by drawing an analogy with the people who were extradited to the United States for commercial crimes, she has completely misunderstood not only the point I was making but particular articles in the treaty. All the crimes foreseen in Article 86 as matters for the public prosecutor are defined as those that are,

“affecting the financial interests of the Union”.

It is a narrow category of crimes, and there is no way in which that category could be expanded without unanimity.

As I said, it is extraordinary for the Government to decide specifically to provide for a referendum on a matter that can scarcely be of great public controversy. It is very difficult for me or the public to see what national damage could be done. The most respectable explanation that I can think of is that the Government are acting in an utterly narrow-minded and dogmatic fashion. They are displaying the mentality of, if you like, the Spanish Inquisition. There is no flexibility or pragmatism. That would be a very frightening way to conduct our national interests abroad.

[Lord Risby]

My Lords—

[Lord Dykes]

As I hope my noble friend will agree, I have put my name to the amendments and wish briefly to address the House on them, following the remarks of the noble Lord, Lord Hannay. Although the noble Lord is no longer in the Chamber, he should receive the thanks of the House for revealing the shocking irony that Clause 6 is in many ways more obnoxious than Clauses 2, 3 and 4 in terms of what it does to weaken Parliament and, ironically, government and ministerial decision-making in European meetings which would take place as a result of the clauses.

Amendments 32, 33, 34, 35 and so on, including my noble friend’s amendments on the EPPO, try again to appeal to the Government to respond reasonably. There has already been a hint, to which the Labour spokesman referred, that the Government were beginning to listen to deep and genuine arguments from all parts of the House against the details of the Bill.

Amendment 32 and subsequent amendments remove the referendum condition from the beginning of Clause 6, to deal with items not covered in Clauses 2, 3 and 4. These are specified decisions postulated in the TEU or the TFEU that do not need a new treaty or Article 48(6) treatment, because the two categories listed mirror the list set out in earlier clauses; and the second category relates to the so-called one-way decisions that are by definition irreversible. Similarly to the previous clauses, especially Clauses 3 and 4, it would greatly improve the efficacy and good faith of the Bill if those subsections were either eliminated altogether or substantially amended to soften the harsh impact of the provisions.

The subsequent amendments in this cluster, under the names of the same promoters, would remove the referendum condition in other areas of decision-making. I will not go into great detail, but Amendment 33 omits the whole of Clause 6(2) to (6) and cancels the need for referenda on QMV, EPPO, social policy items, the environment and so on. Those are all worthy of consideration by the Government once again to reinforce and return power to the British Parliament, which has been seriously undermined by the constant nagging by the anti-Europeans that Parliament has somehow let down the British people about Europe. That is not the case in any evidential way, and we now need to restore the balance to the British Parliament—both Houses—in future. Incidentally, it is interesting to muse that according to page 9 of the Constitution Committee's report, if change in the House of Lords were covered by the definition covering abolition of either House of Parliament, then change in a fully elected House of Lords also should be the subject of a referendum. I bet that it will not be, bearing in mind what happened last Thursday.

Under the clause, no ministerial judgment is exercised on the transfer of power argument, because the primary legislation and referendum are automatic. There are no exemptions. Hence, on Europe Day, I am wearing the Europe tie in honour of the Schuman day. There is one European flag in Parliament Square—that is because it is Europe Day—and the member state flags as well, but Britain is the only leading member state where the European flag does not routinely fly on any government building. Perhaps my noble friend Lord Wallace would try to do something about that in future for the coalition Government.

--- Later in debate ---

[Lord Stoddart of Swindon]

Every issue that transfers powers from this country to the European Union is very important. The Bill is about ensuring that when great powers are transferred, the people of this country as well as Parliament will have a say.

It is a pity that we have got to this stage. Nevertheless, because there has not been proper parliamentary scrutiny over the 40 years that we have been a member of the European Union, we have now got to a stage where the Government have had to bow to the demand that the people should be consulted and proper parliamentary scrutiny should happen.

[Lord Risby]

My Lords, we have heard a great deal in this debate about marginalisation. We should recall the words of the noble Lord, Lord Mandelson, who talked about the pragmatic nature of this Government. As we reflect on what the coalition Government have done, we should recognise that none of the grandstanding and grand old Duke of York activity that we have seen from successive Governments has been characteristic of this Government. It is worth reminding ourselves of the pragmatic relationship that has been established by the Government with the institutions of the European Union.

The amendments deal with the removal of all treaty provisions requiring a referendum, except euro membership. I accept the sincerity of what has been said by a number of noble Lords. Nevertheless, I suspect that many who have spoken in this debate do not like referendums at all. I find it curious that they accept the idea of a referendum on the euro when in principle many would not like a referendum at all, and that they thereby elevate the euro to a level of importance that is unique and special, to the exclusion of other considerations in the Bill.

There is a settled view on this in the nation, which should be accepted. However, there are wide areas of EU activity that alienate the public and enhance the view that there is a democratic deficit. Judicial independence, military independence, the ability to control our own borders, social policy including the rights of workers and employment terms and conditions, could not be blocked. Given our history, particularly in the latter area, this is a crucial issue. They are absolutely not crucial.

[Lord Goodhart]

Perhaps my noble friend will explain why judicial independence is damaged by our relationship with the EU.

[Lord Risby]

I will be delighted to. I will come in a moment to a discussion of various elements such as passerelle clauses, which I hope will cover this point.

Clause 6 sets out which passerelles would automatically trigger a referendum if powers or competences were moved from the UK to the EU. We touched, for example, on the matter of defence. This reflects the reality for us that EU member states have different relationships with third countries and different foreign policy priorities. For example, the UK has particularly strong relationships with interests in the Commonwealth. It would be wrong to give the EU the ability to prevent us developing these relationships. I am sure that that is perfectly logical, and it is covered in Article 31(3).

I turn to measures on working conditions and social security. Noble Lords will know that QMV already applies to many decisions concerning the health and safety of workers, working conditions, informing and consulting workers, combating social exclusion, modernising social protection systems, as well as to decisions in areas such as the European social fund. However, there are important things left for unanimity; for example, social security and the social protection of workers, the protection of workers when their employment contract is terminated, et cetera. These things can have a huge impact on the life of an individual nation and the businesses that add to the prosperity of that nation. Any move to QMV could jeopardise independent national decisions on that score. If we look at environmental matters, for example, they are mostly covered by QMV, but there are others that are still subject to unanimity. We would, of course, like to retain national control of what is left on the environment where there is a fiscal element attached to them: town and country planning; the management of water resources or the availability of those resources or land use; and, of course, the choice of energy resources and the general structure of the energy supply. These are very important for people at an individual level, a community level and a national level.

So, as we look at this debate and hear the discussion, I find it rather perplexing that our currency alone seems to have a critical aspect for our relationship with the EU. I think it is misplaced. There are all these other areas of vital concern to our national interest which concern people in terms of our relationship with the European Union. Coming back to my original point, it is precisely because we want to defuse the difficulties that have arisen in terms of public opinion and the public’s attitude to the European Union with a totally pragmatic Government—that has been obvious in the past year—that this Bill is in place. If we have red lines, they have to be very clear and very red. The amendments would make the Bill incoherent and make the public very suspicious and alienated. That is exactly what this Bill seeks to avoid.

[Lord Flight]

My Lords, I rise to address the amendments tabled in my name. As I understand it, Clause 6 addresses areas that are suitable for the requirement of a referendum in two of the ways in which a veto could be given up which are not covered by Clauses 2 to 4. They are, through the other part of the simplified revision procedure using Article 48(7) of TEU, effectively a third type of treaty change, and the six specific cases are dealt with by the passerelle.

The amendments are grouped somewhat strangely in that my Amendments 35A, 35B, 48A and 48B are on one side of the argument and all the others, with the exception of Amendment 40A, are in one way or other seeking to reduce situations where a referendum and Act of Parliament are required. Self-evidently, I do not agree with those amendments.

European Union Bill

Lord Risby Excerpts

Tuesday 26th April 2011 Lords Chamber

[Baroness Rawlings]

I am reluctant to intervene at this stage, but I remind noble Lords that the Companion advises that in Committee noble Lords should not make Second Reading speeches but should keep briefly to the amendment concerned.

[Lord Risby]

Listening to the proceedings on the Bill, I was struck by the comments made by the noble Baroness, Lady Williams of Crosby, and the noble Lord, Lord Maclennan of Rogart, who reminded us of the important reasons why we should have a positive relationship with the European Union. I also agree with comment made by the noble Lord, Lord Hannay, that had we been involved at an earlier stage, many of the difficulties that have subsequently arisen could have been dealt with more satisfactorily. As we reflect on the situation today, there has been a breakdown of trust right across the European Union. It is not something that is confined to the United Kingdom, but is found in many parts of the rest of the European Union.

What has happened in this country is that scepticism has grown because of a sense of disconnection between successive Governments and the people. This Bill is designed to define very clearly exactly what the important considerations are for the calling of a referendum to assure people that it is necessary to try to bridge the gap between the attitudes of the people and the sense of failure in our relationship with the European Union. I disagree that having a referendum would not achieve this.

Specifically on the issue of national interest and the question of urgency, as my noble friend said, this gives room for Ministers to make judgments. We have been through this time and time again. We need to be specific in drawing up legislation to give back to people the sense of confidence that they now lack. That is why extending the definition of national interest or urgency in this way would not be satisfactory. After all, something that is urgent could well require some important constitutional consideration. In that sense, I believe that we need to look at these two amendments.

Finally, I return to the point that it is perfectly legitimate for people not to accept the value of referendums, but they are now part of the political culture of this country and of many other countries in the European Union that face this problem. It is hugely important that we narrowly define what is in the Bill to maximise the credibility of this legislation. The amendment does not do that.

Libya

Lord Risby Excerpts

Friday 1st April 2011 Lords Chamber

[Lord Risby]

My Lords, first, I applaud my noble friend Lord Howell of Guildford for so characteristically and knowledgeably opening our proceedings and for, ever since the Libyan crisis broke, keeping your Lordships’ House so very well informed. We are very grateful to him.

The noble Baroness, Lady D’Souza, and the noble Lord, Lord Foulkes, and I frequently went to Egypt under the auspices of the Westminster Foundation for Democracy to engage with a whole spectrum of politicians, to meet people in civil society and academia, and specifically to promote the participation of women in the political life of the country. While we were there, we learnt of mistreatment by the police, the corruption, the alienation from politics of so many people and the unprecedented poverty, which were part of the cocktail of despair which led to the upsurge of so much activity as we saw unleashed.

The situation in Egypt is really widely shared elsewhere in the region. The economy has been growing well. There have been substantial tax reforms and economic liberalisation. But, simply put, no economic system could grow fast enough to give jobs to the fully 61 per cent of the population under the age of 30, which is the same figure for Libya. The so-called Arab spring is certainly about young people accessing the internet and wanting political change, but it is undoubtedly about the lack of economic opportunity for millions of young Arabs.

Nowhere is that more so than in Yemen, where 73 per cent of the population is under the age of 30. As I have seen for myself when visiting, it is a country divided by fundamental tribal and religious differences, it has a chronic shortage of water and is a shelter for al-Qaeda. It is a poor country that is having to deal with a continual influx of desperate Somalis fleeing the nightmare that is their homeland.

The issues in Libya have been well expressed today. There is the deliberate government policy of physically seeking to destroy political opposition. There are all the humanitarian consequences of that, which for us perhaps means a mass of people from north Africa seeking entry into Europe. Again, that is a human tragedy, but it impacts on the European political debate and European attitudes. The situations in Egypt, Tunisia, Yemen, Libya, Bahrain, Syria and others do not suggest clear endings and we will need to look at each country on a case-by-case basis.

In addition to the yearning for political change and economic opportunity, there remains one issue about which all Arabs, young and old, feel passionately: the Israel/Palestine conflict. We have a particular interest as violence and tension there invariably affect the attitudes and emotions of many British citizens. Ultimately, in a sense, in the Middle East, all roads lead to Jerusalem. I would have thought that this is precisely the time for Israel, in its own best interests, to think out of the box and counterintuitively and to send a different message to all those young Arabs who are so clearly expressing themselves politically and to road-test a more radical approach in its relationships with its near neighbours.

This brings me to Syria, where there are real concerns about civil and political rights and police activity. I declare an interest as a director of the British Syrian Society. The geopolitical location of Syria has always been pivotal in the region. Whatever political developments take place there in the future, it is worth reminding ourselves that Israel, a vibrant democracy, illegally occupies a substantial chunk of Syrian territory. There is no religious or strategic reason for this. Syria has sought a dialogue with Israel, brokered by Turkey. It deploys Hezbollah to punish Israel for this occupation, hence the link to Iran.

What is happening in the Middle East is a moment to be seized upon. It is spontaneous and has little to do with Iranian theocracy or Osama bin Laden. Dramatic change offers a potential opportunity to resolve a problem at the heart of the region. In this unfolding drama, we are seeing the emergence of Turkey, our great friend, as a wise and steady regional influence; we see yet again how vulnerable we are in respect of energy security; and we see the United States, fiscally and militarily overstretched, drawing back as the American public demands. What we cannot escape from is that what is happening in the Middle East is happening in our own backyard, and whatever emerges in the region will impact on us, whether we like it or not.

Trade and Investment

Lord Risby Excerpts

Wednesday 9th February 2011 Lords Chamber

[Lord Green of Hurstpierpoint]

I thank my noble friend Lady Hooper for drawing attention to a very important region, Latin America. Brazil is one of the most exciting countries in the world and I think that we all recognise that British business has not paid that part of the world as much attention as we probably should have in recent years and decades. That is now beginning to change. The Deputy Prime Minister is visiting Latin America next week, which follows a visit by the Secretary of State for Business, and I will be going later in the year. We are paying Latin America a great deal more attention.

With regard to embassies, I make two points. Embassies play a crucial role in this trade and investment strategy. The Government have defined the key priorities of the Foreign Office as being, first, commercial diplomacy and the prosperity agenda; secondly, security; and, thirdly, the consular function. The priority attached to commercial diplomacy is extremely important.

In terms of the deployment of resources, there is an intention to gradually shift resources in diplomatic terms to the faster growing countries, the emerging markets. Without being precise about the plans at this stage, I think that noble Lords can expect to see the sorts of countries that are of concern to them being beneficiaries of this process.

[Lord Risby]

I warmly congratulate my noble friend on his White Paper. Does he agree that the desire to learn English and to be educated in the English language produces a huge and lucrative opportunity for us, and that the work of the British Council and the arms of our universities abroad can play a critical role in trade development policy?