European Union

Debate between Baroness Anelay of St Johns and Lord Stoddart of Swindon

Tuesday 2nd February 2016 Lords Chamber

[Baroness Anelay of St Johns]

My noble friend is right. Of course, in the renegotiation talks that have been carried on by my noble and right honourable friends, we have concentrated very much on economic governance, competitiveness, sovereignty, social benefits and free movement—the very reforms that I think the British people want to see.

[Lord Stoddart of Swindon (Ind Lab)]

My Lords, I have to confess that I have not read the document yet, but I had understood that there was to be a fundamental reform of the European Union, with significant powers returned to the United Kingdom. Would the noble Baroness tell me what those powers are?

[Baroness Anelay of St Johns]

My Lords, I should first say that the documents have been deposited in the Library and, I understand, in the Printed Paper Office. Although they were published only a short time ago by the President of the European Council, we have made them available.

It would be wrong of me to try to summarise the document here. All I can say to the noble Lord is that we will have an opportunity to discuss in detail those advances set out here. It has been made clear—not only by the President, Mr Donald Tusk—that this is still a work in progress, but clearly it is important that all other members of the European Union have a chance to consider this before we get to the February Council and, possibly but not definitely, a decision at that stage.

European Union Referendum Bill

Debate between Baroness Anelay of St Johns and Lord Stoddart of Swindon

Wednesday 18th November 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, Amendment 13, tabled by my noble friend Lord Hamilton, relates to the role of the EU institutions during the referendum. It follows the wording of a similar amendment that my noble friend tabled in Committee. The concern that he and other noble friends have expressed is that EU institutions may have an undue influence on the outcome of the referendum.

Although there are differing views on that, it is no doubt a legitimate concern and certainly one which the Government share. This is a referendum to be held on Britain’s membership of the European Union. It is therefore clear that the impression of outside interference or direct campaigning by overseas bodies with a vested interest would undermine public trust in the outcome. It would also be completely counterproductive; I think that people would see through it.

That is why the Government have ensured that sensible controls will apply on who can spend money to influence the referendum and how they can be funded. Some 44 of the Bill’s 62 pages relate to exactly these issues.

Campaigners at the referendum can accept money only from individuals or bodies who have a sufficient connection to the UK or to Gibraltar. In Committee, I went through in detail issues relating to permitted donors and permitted participants—I think that it would be wrong if I tried to go through that again on Report.

As the EU institutions are not eligible donors, a permitted participant would be committing an offence if they accepted money from the EU institutions to campaign. I should re-emphasise that permitted participants cannot accept donations of more than £500 from EU institutions. In part, therefore, my noble friend’s amendment is unnecessary.

The amendment has another arm to it, which applies directly to the EU institutions and would prevent them actively engaging in campaigning.

[Lord Stoddart of Swindon]

My Lords—

[Baroness Anelay of St Johns]

My Lords, I wonder whether I might address my noble friend’s point, because we are on Report and I am trying to give an answer to questions put by him in speaking to his amendments.

Specifically on that point, in the letter that the European Commission wrote—I refer to the letter that was circulated—the last part states that,

“the referendum itself and the related campaigns are a matter for the British government and the British people in which the Commission, in view of its institutional role, cannot and will not take an active part”.

I gave an undertaking, which the Government have fulfilled and will continue to fulfil, that we will engage at a diplomatic level with the European Commission to ensure that that is observed in spirit as well as in the letter.

[Lord Stoddart of Swindon]

On the question of EU institutions that broke the rules, what sanctions could be used against them?

[Baroness Anelay of St Johns]

I am saying that we are working with the European institutions and they should not break the rules. That, of course, is a matter of interstate agreement.

Where the institutions are operating in their official capacity within our jurisdiction they are afforded immunities and privileges under EU law. I know that the noble Lord has previously referred to that. However, as the Government have already made clear, the best way to prevent EU institutions from influencing the outcome of the referendum is through the process of constructive dialogue. That is what we have been doing and will firmly continue to do. That is why I circulated the letters. Indeed, I note that a written question was put in the summer or the spring—I suppose you could call it autumn in parliamentary terms; I always wonder what the seasons are—and on 4 September an answer was given by President Juncker on behalf of the Commission. He simply said that the Commission does not campaign in national referendums. We will hold him to that, and that is exactly the point.