European Union Bill

Baroness Brinton Excerpts

Tuesday 3rd May 2011 Lords Chamber

[Lord Grenfell]

I hesitate to intervene at this late hour but what the noble Lord, Lord Lamont, has just said provokes me to do so. He has, maybe inadvertently, hit the nail on the head. This Bill is about trying to prevent the European Union acquiring more powers in ways that the Government feel would be wrong. The noble Lord spoke about the difference between powers and agreement. In fact, the effect of the Bill is to prevent and make far more difficult the reaching of agreements within the European Union. That is what it is all about. It is not about power but the ability of the European Union to reach more and better agreements.

We have had an interesting debate that has covered an enormous number of topics. We have talked about the Monetary Policy Committee, the environment, piracy, human trafficking—all very interesting for those of us who respect the views of those who know what they are talking about. However, I am not sure that the coalition Government and those on this Front Bench are at all interested in this debate. They have already made up their minds; the integrity of Clause 4(4) has to be defended at all costs. They are not prepared to give way on any of this and do not want any additions to the clause. One wonders what this debate is all about.

I do not want to belittle the powers of this House to be able to persuade Governments to change their minds, but on this particular issue I am a pessimist. We are not going to be able to do so because if these excellent amendments are accepted, one of the central pillars of the whole Bill collapses. When that pillar collapses, the whole edifice begins to crumble, so I am sure the Government are going to stick firm on this. It will be extremely hard for us to persuade them to accept any of these amendments. That depresses me greatly because these amendments are vital. I suggest that we make every effort to persuade the Government, but I am a pessimist on this. The case has been well made by my noble friends Lord Triesman and Lord Liddle to get these amendments through, but if the Government are not prepared to accept them this bad Bill becomes even worse.

[Baroness Brinton]

My Lords, I absolutely agree that the policy areas set out in these amendments are important for debate. We had an extremely interesting debate earlier and it is absolutely key as well that the EU continues to focus on these issues. However, I am really struggling to identify the areas within the existing treaties where the EU is not able to act. I would be grateful to the noble Lord, Lord Liddle, if he could help by giving some specific examples. On those covering climate change, for example, which the noble Lord, Lord Deben, spoke eloquently about earlier, I understood that Article 191 of TFEU allows the EU to act in,

“preserving, protecting and improving the quality of the environment”,

so where is it not covered that requires this amendment?

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, Article 170 says:

“To help achieve the objectives referred to in Articles 26 and 174”,

et cetera,

“the Union shall contribute to the establishment and development of trans-European networks in the areas of transport, telecommunications and energy infrastructures”.

That seems to me very much to give the competences needed.

[Baroness Brinton]

I am grateful for that intervention from my noble friend Lord Wallace, which was much more informed than I could possibly have given.

[Lord Deben]

It was a perfectly right intervention but that does not actually give powers to compel. It says that the countries shall do it but there is no mechanism at the moment to insist that they do it. That is the issue.

[Baroness Brinton]

My Lords, I fundamentally disagree with that point. The key point here, which we have come back to day after day on this Bill, is that this is about the process not the policy. The process has been absolutely clear and I still wait to hear from the noble Lord, Lord Liddle, on where these are not covered by existing treaties.

[Lord Pearson of Rannoch]

My Lords, the noble Lord, Lord Deben, was good enough to mention me in his few remarks and to accuse me of what I think was the impossible and most undesirable dream of the United Kingdom being altogether free of the European Union in all these matters. He is of course correct. However, he then mentioned the common fisheries policy as though that has to be solved by the European Union and as though the EU will not solve the acknowledged disaster which the policy is, environmentally and in every other way, if it is prevented from doing so. Surely, from our point of view, as I have mentioned before, the answer is terribly simple. We simply leave the European common fisheries policy and take back our international waters. Seventy five per cent of the fish which swim in European waters all the year round swim in waters that used to belong entirely to the United Kingdom before we made the mistake of joining the European Union. We then manage our own waters, re-establish our fish stocks and let out any surplus to foreigners.

On energy, the noble Lord again believes that the European Union is essential to solve our energy problems but, surely—