European Union Bill

Debate between Lord Triesman and Lord Dykes

Monday 23rd May 2011 Lords Chamber

[Lord Triesman]

No, my Lords, I do not agree with that. In the process of any kind of discussion, people will say something which either indicates support, or which they hope is sufficiently neutral not to indicate support but others will say that they believe that it does. The moment that anybody drafts anything, it will be seen or thought to be a clear indication of support by the very nature of going through the process of drafting it and putting it into the public domain. In real politics, that is precisely what will happen.

That is all fundamentally unhelpful, and I really hope that in their own interest—because at the moment they provide the Ministers who are taking part in discussions in Europe and elsewhere—the Government will not put themselves in so calamitous a position as to be unable to operate effectively.

[Lord Dykes]

Is there not a further irony that shows how throughout the Bill, from Clauses 2, 3 and 4 up to Clause 7, which basically deals with the system of passerelles, there has been a problem for the Government of trying to find the correct draftsmanship and making it incredibly complicated as a result? Is it not ironic that the then Conservative Government in the mid-1980s were mad keen on the passerelles to help the Single European Act—that was when the system first started? Subsequently, there were very few, but in the Lisbon treaty, all the member states regarded them as indispensable to allow the Union to move forward on matters which had already been decided in substance—that is Clause 7 in essence—and therefore did not require an intergovernmental conference or a unanimous decision. Why is there so much agony for the government draftsman about this unnecessary clause?

European Union Bill

Debate between Lord Triesman and Lord Dykes

Monday 23rd May 2011 Lords Chamber

[Lord Dykes]

My Lords, I apologise to the Deputy Chairman for being rather hasty in beginning. That was partly because of my anxiety to be brief in this important debate. I congratulate the noble Lord, Lord Radice, on proposing this new clause in his amendment. It is very important. I detect already that it has gone down well in the new atmosphere of the House. Even if the Government persist with the Bill in most of its configuration, there is a spirit and desire also to promote our membership of the European Union. I hope so, anyway.

The noble Lord, Lord Radice, has a distinguished and noble Italian ancestry. As a keen linguist myself, I am prepared to forgive him; he told me once that he did not speak Italian. However, he is an internationalist in every other sense. I had the pleasure of preceding the noble Lord, Lord Radice—I hope he had pleasure in succeeding me—as chairman of the European Movement. I was chair in the first half of the 1990s; it was the noble Lord, Lord Radice, afterwards. Even then when we spoke about these matters we often lamented the extent to which Governments of all colours—the two main parties, anyway—did not defend and promote our membership of the European Community enough. We saw that only in the days of the Edward Heath Government. To her credit, it was also partly true in the period of the Thatcher Government, particularly with the creation of the single market, but by and large it was not.

I compared this to the previous Spanish general election—there is the possibility that another will come along soon. The two great parties in that country fought a tenacious and bitter political battle on all aspects of Spanish domestic and internal policies, but not once did anybody invoke Europe as an anti-cause to win domestic votes. It is a pity that our internal politics has been bedevilled by that phenomenon, as well as by Governments not explaining a mechanism and structure that is in many ways more complicated than just a defence alliance such as NATO, although that is complicated enough. Not enough has been given over the years to doing that. We need to do that even more now because of the way in which various press organs in this country have denigrated Europe excessively.

Therefore, the words of the noble Lord, Lord Radice, should be heeded by the Government to promote a campaign. Indeed, they ought to promote a campaign to defend and explain Europe properly in the objective and neutral sense of the word. It can be done, even when there are referenda to be fought in the future. I hope there will be no referenda, but it is in those terms that one asks the Government to respond positively to this important amendment tonight.

[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.

European Union Bill

Debate between Lord Triesman and Lord Dykes

Tuesday 3rd May 2011 Lords Chamber

[Lord Dykes]

If my noble friend looks at the report of the Second Reading in Hansard, he will see that that point came out a lot. Many speeches on this side of the House, as well as on the opposition and Cross Benches, were very much against the referendum concept, particularly in the Bill but also in general. There is widespread anxiety about it in this country, which I share. The noble Lord, Lord Garel-Jones, recently said publicly that he was against referenda of all kinds. He is not here today—he is abroad this week—but he told me that he is very sceptical about referenda and their misuse. The whole of Parliament has been undermined by this obsession—this referendumitis—and it is therefore essential to try to get away from it or to have referenda only on crucial occasions. That is what I consider to be the very respectable reserve position of the Liberal Democrat Party. I believe that some members of the opposition Benches and some Cross-Benchers share the view that we should have referenda only on crucial existential occasions and not on other things.

I must not tax the Minister’s patience—he is a very patient person—by making too many general points but they do take us back to the amendment of the noble Lord, Lord Stoddart. The best way to undermine Parliament is to say that we are going to badger the British public all the time and ask them about these minor points. Of course, accession is not a minor point but we discussed minor points in previous Committee sittings. Accession is a more major matter and therefore the noble Lord, Lord Stoddart, is correct to say that it is illogical not to include it as an item on which a referendum should be held. However, I am glad that on this occasion, in their wisdom, the British Government have decided that it should not be on the list of such items. I only wish that they would kindly consider a lot of the other matters that we have been discussing—particularly the Article 48(6) list of items under Clause 4.

We will find that Clause 6 is even more obnoxious in its menacing effect on Parliament, even though Parliament will still be involved in the decisions. Of course, if there were an accession matter to be decided, under the existing suggestions Parliament would have the right to hold a referendum if it thought that it was correct to do so. However, I hope that that will not be the case, and I think that a lot of people will now have second thoughts about this referendumitis.

We should remember that huge, earth-shattering decisions have been made by this Parliament—one of the greatest Parliaments in the world—on matters ranging from the Second World War, joining NATO, the atom bomb, the formation of the UN and, before that, the League of Nations and the First World War. All those matters were decided by Parliament, as is the British tradition. It is not the British way to say, “Dear hapless members of the public, we want you to make a referendum decision on whether we should have more passerelles and what you would like to be included in those passerelles”. That would be the big society gone mad in European terms and I hope that we will get away from that.

I think that sometimes the noble Lords, Lord Stoddart and Lord Pearson, are unfairly attacked in this House. They are entitled to their views, although I think it is sad that they persist in wanting this country to be on its own and not be a member of the European Union. That is very sad for them personally, as well as being a matter of policy and viewpoint; none the less, in all the amendments that they will be putting forward from now on, they deserve to have a proper and respectful hearing in this House.

[Lord Triesman]

My Lords, I express my appreciation to all noble Lords who have spoken in the debate so far. I suppose I should apologise for having risen too early to make this intervention. I would have denied myself some 20 minutes of edifying discussion.

I start by making it clear that we oppose the amendment. It is entirely possible, as my noble friend Lord Richard, and the noble Lord, Lord Lamont, have said, to see exactly why it has been moved. The credibility of the amendment rests in large part on the worst provisions in the Bill. In many respects, the Bill is illogical and intrinsically foolish. Many of the 56 or so bases for holding a referendum would be almost incredible in any mature democracy and those provisions litter the Bill. I understand its function in placating some of the harsher critics of Europe. I suppose I take a little comfort from the view of the noble Lord, Lord Lamont, that many of the provisions would never be used even if they were carried, but I think that it is hard to fathom the Government’s intentions on the lock, as with much else in the Bill. The provisions have been made, if I may say so, without any sensible notion of proportionality or practicability and, as I have no doubt further debates in the House will illustrate, they would remove or abandon, in many instances without good or sufficient reason, the full and proper role of Parliament in the kinds of discussions that we would normally expect to have on such provisions. Yet on the issue which might have very significant implications —my noble friend Lord Richard made the point a while ago—the use of a referendum is specifically excluded.

When I thought about what should be said at this stage in the debate, I also went back to the founding treaty, as the noble Lord, Lord Hannay, did, and to the provisions that it made and the rights which it introduced for enlargement. Like him, I thought hard about the consequences on our international relations were we to exercise some form of veto as a systematic way of undermining the founding treaty. The founding treaty is far more eloquent and far more reliable than President Chirac's view of it, which was known to change from time to time.

I want to dwell, as others have, on the value of accession. The economic advantages, the anti-corruption measures, the rule-of-law measures, the role of civil-law measures, the development of courts and proper civil-law coding and the democratic principles have all been absolutely fundamental in all countries seeking to join the European Union. As my noble friend Lord Tomlinson said, by no means all of them fall backward in the economic area—many of them are wealthy and very successful countries—but some of them, without question, have fallen backward and have a chequered history because of the political regimes within which they have been forced to live for so many years.

A fundamental point which was made by my noble friends Lord Radice and Lord Dubs is absolutely right: enlargement has been a huge success. The process undertaken before countries join the European Union has driven consistently for better outcomes and for outcomes which have been more willingly embraced. Old enemies and ancient antagonisms have largely been removed. Going back a couple of years, I can remember thinking hard about the ways in which a war-torn Europe—most of its history it has been war torn—has been moved significantly into a peaceful Europe of nations which co-operate with each other and which have a great deal of mutual interest in each other's economic, political and social success.

As the noble Lord, Lord Stoddart, correctly listed the countries that are seeking membership, I thought of the names of many of those countries and remembered that it was not that long ago that we read about those countries largely because of the wars that were taking place, for example in the former Yugoslavia, and the continual history of appalling violence and degradation of human rights. Broadly speaking, we do not talk about those countries in that way any more. We have seen development to a point where they are more concerned with the acquis than with killing each other. That has been a fundamental change in one of the most difficult and troubled regions of Europe, and an enormous success. The process has policed, assessed and evaluated progress.

[Lord Dykes]

I will be brief. The noble Lord referred to the acquis. Would he not say how ironic, interesting and bizarre it has been that many anti-Europeans in this country welcomed artificial enlargement as a way of loosening and widening rather than further integrating the Union, and yet all the applicant countries accept enthusiastically both the concept of the acquis and that of future integration?

[Lord Triesman]

My Lords, the observation is completely accurate and adds weight to the point that I make, namely that it is in these areas where people are trying to work through the provision of stable legal systems and better democratic systems that we have seen the replacement in many cases of conflict between those states. That is a huge success.

Of course, we have supported accessions from their initiation through to full EU membership. Major parties on all sides of the House have done so, despite the inconveniences that have sometimes occurred but which were minor in the overall context. I say to the noble Lord, Lord Pearson, that not all these gains can be washed away by tales of cynicism, whisky, chocolates or anything else. By and large, in my experience, people have sought the gains because they have wanted a better and more peaceful life, and have wanted their children to enjoy a better future.