Electoral Registration and Administration Bill

Debate between Nigel Evans and Chris Heaton-Harris

Wednesday 27th June 2012 Commons Chamber

[Chris Heaton-Harris (Daventry) (Con)]

On a point of order, Mr Evans. The Division bells in the immediate vicinity of the Chamber do not seem to have rung, and I am not sure whether that means that they have not rung elsewhere.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I am grateful to the hon. Gentleman for his point of order and shall ask for the matter to be investigated immediately.

National Planning Policy Framework

Debate between Nigel Evans and Chris Heaton-Harris

Thursday 26th April 2012 Commons Chamber

[Chris Heaton-Harris (Daventry) (Con)]

I am going to whizz through my speech and, I hope, leave plenty of time for my hon. Friend the Member for Rugby (Mark Pawsey) to make his comments.

I welcome the NPPF and many of its changes, because I was not happy with the original draft document, as the Minister well knows. The Minister knows also that in Daventry we are part of a joint planning unit, with South Northamptonshire council and Northampton borough council, and, although we might struggle to have a local plan in place in 12 months, we have an emerging joint core strategy across the area. If it were to be adopted as a local plan post consultation, I wonder whether it could be treated as a local plan, because it would afford those areas the protection that they would like.

I associate myself with the comments on the abolition of the regional spatial strategies and would very much like to be copied into the note—or if there is an answer today, even better—about the timing.

The Minister knows my concerns about the Planning Inspectorate, and I understand that he has written to a constituent of mine, saying that there is a chance of its duties, or the inspectorate itself, being reviewed soon, so I should like to hear something about that.

I would like a quick moment on renewable energy, my favourite subject. In previous answers to me, the Minister said that criteria can be set for renewable energy locally, but will he confirm that that could include the efficiency of such projects?

I have one point about wind farms, because, owing to the confusion in previous advice, noise has become an issue in planning. The night-time limit on mining is 42 dB, but using the same metric, we are going to allow wind farms to be noisier, at 45 dB, so could the Secretary of State confirm that the list of revoked planning policies in the NPPF includes by implication the annexes and companion guides to all previously revoked policies?

[Mr Deputy Speaker (Mr Nigel Evans)]

To resume his seat at 5.40 pm, I call Mark Pawsey.

European Union Bill

Debate between Nigel Evans and Chris Heaton-Harris

Wednesday 26th January 2011 Commons Chamber

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. I remind the Committee that there will be no separate clause 9 stand part debate. If anyone wishes to make any comments relevant to that, now is the time to do so.

[Chris Heaton-Harris]

I shall speak mainly to the amendments I have tabled, talk about the general opt-ins and ask a couple of questions about the written ministerial statement that was issued last Thursday, particularly on how aspects of it might work in the future. I always have questions about the who and when of decision taking.

My amendment 27 deals with something that is missing from the Bill—the body known as Eurojust. Eurojust is not the European public prosecutor, but it represents a massive step towards a European public prosecutor. Under article 85 of TFEU, its remit falls under ordinary legislative procedure, so a proposal comes from the Commission, qualified majority voting applies in the Council and co-decision applies within the European Parliament. It already has a huge amount of power—or it will have, when it is set up.

In April 2010, the European Commission published a document delivering

“an area of freedom, security and justice for Europe’s citizens”,

which was an action plan implementing the Stockholm programme. The Stockholm programme is the five-year European Union plan for justice and home affairs measures, which was adopted by the European Council in December 2009. On page 18 of the document, the European Commission states that in 2012, it will make a proposal for an EU regulation

“giving Eurojust powers to directly initiate investigations.”

Even if the current Government do not opt into the proposal, there is nothing in the Bill to require them to seek Parliament’s or the people’s approval to opt in once the regulation is adopted, allowing Eurojust to initiate investigations in the UK, for example. This is a massive step towards the European public prosecutor. I hope the Minister will reassure me that he will address that point at some stage, if not today.

It may be useful if I provide some examples of significant justice and home affairs matters that the last Government opted into. I could have picked any issue in that category, but I chose the issue of asylum because I know that it always gets the blood flowing.

Among other things, directive 2004/83-EC

“on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted”

sets out the rights enjoyed by those who have been granted refugee status. Some of them go beyond the rights approved for the 1951 Geneva convention on refugees, such as those relating to access to the employment market and social security.

Directive 2003/9/EC,

“laying down minimum standards for the reception of asylum seekers”,

includes provisions on the rights of asylum seekers to access the jobs market in certain circumstances, and on the accommodation that must be offered to them. Directive 2005/85/EC

“on minimum standards on procedures in Member States for the granting and withdrawing of refugee status”

lays down various restrictions and requirements regarding the procedures that member states can follow in processing asylum claims and withdrawing refugee status. They include specific requirements for the possibility of legal challenge by asylum seekers to various decisions taken as part of the process.

Those pieces of legislation were part of the first wave of the construction of the common European asylum system that was first called for in the Tampere European Council of October 1999. The Commission has been pressing on with further legislation to build that common system since then, and over the past two years it has presented three proposals for directives to replace those that I have cited. The general thrust of the proposals is a desire to further “harmonise” asylum policy and processes across the EU and, as a consequence, to limit national discretion yet further. As it happens, the last Government decided not to opt into those later proposals; but what would happen if this Government, or a future Government, chose to opt into them? It is realistic to assume that, under the Bill, Parliament would have no legal control.

I agree with my hon. Friend the Member for Hertsmere (Mr Clappison) that the Bill constitutes a step forward in one respect, and I congratulate the Minister on advancing so far. The written ministerial statement on justice and home affairs scrutiny laid before the House last Thursday contains a great deal of common sense, but I think that there is a need for further discussion of the consequences that will flow from it with the European Scrutiny Committee and other interested parliamentarians. Let me quote the key passage. It states that

“in circumstances where there is particularly strong parliamentary interest in the Government's decision on whether or not to opt in to such a measure, the Government express their willingness to set aside Government time for a debate in both Houses on the basis of a motion on the Government's recommended approach on the opt-in. The precise details of these arrangements to allow such debates and the circumstances in which Government time would be set aside will be the subject of further consultation with the European Scrutiny Committees, business managers”

—otherwise known as the wonderful Whips who are so kind and gentle to us all in this place—

“and the Commons and Lords Home Affairs and Justice Select Committees. These discussions will also need to determine how arrangements would operate during periods of parliamentary recess and dissolution of Parliament.”

That is all pretty good.

“However, the Government believe that as a general rule, it would be appropriate to do so in circumstances where they propose to opt in to a measure which would have a substantial impact on the United Kingdom's criminal or civil law, our national security, civil liberties or immigration policy. The Government will also put in place analogous arrangements for parliamentary scrutiny of decisions to opt-out of measures under the Schengen protocol.”—[Official Report, 20 January 2011; Vol. 521, c. 52WS.]

The written ministerial statement raises a number of questions. I shall talk about a couple of them now, but I would like to think that discussions can be ongoing and we can flesh out the detail. What would constitute “particularly strong parliamentary interest”? How, therefore, is a debate in Government time triggered? Would it be triggered by a referral by the European Scrutiny Committee? That could be complemented by an additional right whereby a certain number of MPs could trigger such a debate. Does the commitment to a debate and vote cover the opt-in to a justice and home affairs law already adopted by the other member states? The written ministerial statement seemed to indicate otherwise. Similarly, does the commitment cover the opt-in to new aspects of the existing Schengen acquis, such as common visa rules, where this opt-in is not covered by clause 6 of the Bill? Would it cover the opt-in to a pre-Lisbon police and criminal justice law that has ceased to apply to the UK because it exercised the bloc opt-out before June 2014? If it does cover that, how would Parliament be made aware that such an opt-in was being considered by the Government, given that this could happen at any time?