European Union Bill

Ben Gummer Excerpts

Tuesday 25th January 2011 Commons Chamber

[Mr MacShane]

May we bring an end to these individual cases from right hon. and hon. Members?

I am glad that the “costa del crime” has been shut down thanks to enhanced European co-operation. I put it to hon. Members on both sides that in a few years’ time it might be to our country’s advantage to have an effective prosecutor’s office working to ensure that the people whom we bring to justice can face inquiry and remedy. I accept that the Bill will pass, but I am nervous about saying to our European colleagues, “Forget that idea, because we will have to have a referendum on it first.” I do not want to use hyperbole, but were I a trafficker or someone who did not want to be brought to justice on a trans-frontier basis, I would be quite happy to see a referendum take place before effective action could be taken against me.

[Ben Gummer (Ipswich) (Con)]

As it happens, the European arrest warrant has recently been of great use to one of my constituents who had suffered a grave injustice in Spain, which is an argument in favour of the European arrest warrant. We have also heard some arguments against it, but these are all arguments that can be put to the British people. We can have a mature debate in front of them. Why does the right hon. Gentleman oppose that?

[Mr MacShane]

That takes us into a slightly broader aspect of the debate, where there are differences between us. I started my political life campaigning in pubs and elsewhere against the demand, which was very prevalent after my student days, that there should be a referendum on capital punishment. Again and again, the cry is for a referendum, and we heard it in health questions today, when it was asked whether we could have a referendum on NHS reforms. I do not think that any hon. Member on the Government Benches would give a fleeting thought to that proposition, but if a referendum on a public prosecutor’s office is good, why is a referendum on something that will impact far more directly on the British people—namely the Government’s proposals to change significantly the way that our health service is delivered—not good?

[Chris Bryant]

Will my right hon. Friend give way?

[Ben Gummer]

Will the right hon. Gentleman give way?

[Mr MacShane]

Well, I am tempted to—

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[Mr MacShane]

If the hon. Gentleman and every other hon. Member had remained seated, rather than jumping up and insisting on making interventions, I would have sat down about 10 minutes ago. [Hon. Members: “No!”] I am hearing cries for me to go on and on—I do not think that anything similar is happening in the other place—but I will sit down in due course.

I have no intention of filibustering; I have come here to make the point that remains at the heart of the Bill. That is that no Minister of the Crown—whether of this Administration, a Lib Dem Administration or, in four and a half years’ time, when my right hon. Friends are on the Government Front Bench, a Labour Administration—is going to sign either a brand new treaty or a significant amendment that so unacceptably transfers authority and power away from this House and the Government of the nation that that Minister would have to come back here and say, “We have looked at this and we are very uncertain about it. We think it is significant and we are going to give the British people a referendum on it.” “Significant” is the key adjective in this regard.

That shows the intellectual dishonesty at the heart of all these debates. The Bill is being introduced simply because the Conservative part of the Government could not honour its commitment to have a referendum on the Lisbon treaty, could not repatriate any powers and could not alter the existing treaties. Because the Conservatives are locked into their coalition agreement with the Lib Dems, the only reflection of five years of consistent, campaigning Euroscepticism they can offer to the British people is this Bill. I accept that it reflects the prevailing mood among the largest single party, the Conservative party. The Prime Minister and the Foreign Secretary have campaigned consistently on Eurosceptic themes.

[Ben Gummer]

rose—

[Mr MacShane]

I will not give way. The hon. Gentleman will make his points in due course.

In opposition, it was possible for the Conservatives to campaign as Eurosceptics, but they cannot but govern as Euro-realists. This we have seen in whole range of—

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[Austin Mitchell]

I agree absolutely, and that line in the sand is here. Actually, it has to be a line in the concrete, because we cannot go on making contributions under article 122, which is meant for another purpose entirely.

[Ben Gummer]

Notwithstanding our treaty obligations, it seems to me that the hon. Gentleman is getting hung up on article 122. Is he really arguing that even if it were in our economic interest to support the bail-out of a country whose trade with us means that intervention is necessary, he would still oppose it?

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[Stephen Gilbert]

I am grateful to my hon. Friend. As a loyal subject of the Crown, I am equally pleased to be a citizen of the EU.

I will finish with some brief comments on amendments 8 and 79, which deal with the notion of a referendum lock on giving further financial aid to countries other than Ireland—an issue on which the hon. Member for Great Grimsby (Austin Mitchell) and I have just engaged. If the amendments are passed, they would damage diplomatic relations, delay the EU in helping struggling economies and potentially deny to the UK the same kind of benefits that Ireland has had in the past.

I want to make it clear that the Liberal Democrats support the Bill: it is about reconnecting the British people with the European issue; about saying that over the next five years, there will be no further transfer of powers and competences; about putting that commitment in law; and about raising the benchmark significantly higher than it has been to date.

[Ben Gummer]

I had many comments to make but, happily, my hon. Friend the Member for Stone (Mr Cash) has covered much of the ground I wanted to cover. I shall therefore be quite brief. Yesterday, in a memorable speech, my hon. Friend the Member for Grantham and Stamford (Nick Boles) described the Bill as the William Cash memorial Bill. Although I would not like to use such lapidary language with regard to my hon. Friend the Member for Stone, it is certainly a memorial in the sense that all that he has done over the years to protect the House and nation from the transference of powers to the European Union is contained within clause 6, so that it will not happen again without a referendum of the British people. I suspect that that is why my hon. Friend, whom I admire and have watched with great interest today, as a newcomer to the House, is uncertain about parts of the Bill.

Mention was made earlier of the fact that my hon. Friend’s seat is often left cold while he explains the dangers of the transference of powers. The Bill will render much of that function, which he has served with such honour over the years, no longer necessary, because it encompasses what the British people have wanted for so long, as has been pointed out by so many people in this debate, which is for the powers of Parliament to remain here and not be transferred. Whether on the euro, social policy, finance, jurisprudence or border control—all those things that he has spoken about so many times—will now sit here in statute unable to be moved to a qualified majority voting system in the Council without the matter being referred to the British people.

The Bill does not just enshrine in law the wishes of the British people over many years; it is also a testament to the intellectual coherence of the coalition’s project. It is about retaining power at the most local level possible. That does not just apply to this Parliament, but involves pushing power down to local communities wherever possible. That is why the cat-calling about the Bill from the Opposition is so misguided. They do not understand how it fits into the wider revolution being instituted by the coalition Government of bringing power as close to the people as possible. That is why I suspect they do not like it very much. It goes against everything that the Labour party believes in, which is to push power up to people who know best at all times.

We need only look at some of the comments made in this and previous debates. The right hon. Member for Rotherham (Mr MacShane), who is no longer in his seat, said in a previous debate on the European Union that the Bill would be a mistake because it would make it harder for Turkey to accede to the EU. Today, we heard points about the European arrest warrant—because, of course, it is he who knows best, and not the British people. Of course, it is the Opposition Front-Bench team who know best—in their minds—and not the British people.

[Mr David]

The hon. Gentleman has referred to Turkey. I hope that he has not forgotten that, as we discussed yesterday, a referendum on Turkish accession is expressly excluded from the Bill that he is supporting.

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[The Temporary Chair (Mr Brady)]

Order. In order to ensure that the voice of the hon. Member for Ipswich (Ben Gummer) is picked up, may I advise him to address the microphone and the Committee more directly? That would be helpful.

[Ben Gummer]

I apologise, Mr Brady.

As the hon. Member for Caerphilly (Mr David) knows, my general point is that the comments that Opposition Members have made today betray the fact that they do not trust the British people with these decisions. They said, “Well, of course, we could put a whole series of things to a referendum.” But this is the point: it is about the transference not of decision making, but of powers by treaty to an outside body. Whether in their attitude to the European constitution—it is odd to try to force a constitution on the British people and a nation that does not have a constitution—or whether on the Lisbon treaty, on which a referendum was promised but not given, at every single point, the Labour party has shown its contempt for what the people want. In the course of that, it has damaged the very European project that it supports. For instance, it makes it very difficult to make the argument for the European arrest warrant—it actually helped one of my constituents in a moment of great difficulty, as I mentioned earlier—because every time it is rightly perceived to be a decision by people who think they know best but who do not trust the people with the arguments.

[Emma Reynolds]

I thank the hon. Gentleman for giving way; he is very gracious. Is it not the case that the Conservative Government in the 1980s and 1990s agreed to massive transfers of powers, without a referendum, from Westminster to Brussels in the form of the Single European Act and the Maastricht treaty? Is it not also the case that in our lifetime—in fact, since 1973—no Conservative Government have granted the people of this country a referendum? We actually have quite a good track record on referendums in this country—we granted many on devolution and one on membership of the European Union in 1975—but no Conservative Government have ever done such a thing.

[Ben Gummer]

The hon. Lady, who made an excellent speech earlier—I believe—said then that she had not read the 1973 Conservative manifesto. Well, I am of a similar age—I think—and I cannot stand here and answer for the actions of previous Conservative Governments, except to say that every one of those Acts and treaties was prefigured in a Conservative party manifesto. The difference between the Labour and Conservative parties is that we were promised a referendum on the Lisbon treaty, but did not get one. We were also promised a referendum on the euro, which is why the relevant provision is in the Bill. Had we decided to join the euro, that referendum would never have happened, because we did not have one on the Lisbon treaty. The Labour party would have been true to form.

The hon. Lady asked what the need was for the passerelle protection in the Bill and why would we not just veto each action at the Council of Ministers. The answer is precisely this: although we can trust the coalition Government not to transfer powers, if and when the Opposition show themselves capable of government, we will not be able to trust them precisely because on two occasions they failed to do what they should have.

[Emma Reynolds]

First, if our Government had decided that the economic conditions were right to go into the euro, which we did not, we would have given the British people a vote on that, because it would have been a significant monetary change. On the hon. Gentleman’s second point, I did make the remarks to which he has referred, but I do not think they are as significant as he claims.

[Ben Gummer]

I thank the hon. Lady for that, but the British people have lost their trust in what the Opposition say on matters European. The Opposition’s only contribution to this debate is one pathetic amendment—amendment 100—which does nothing to address the needs of their constituents, providing no constructive proposal whatever, unlike so many that my hon. Friends have proposed.

[Emma Reynolds]

Will the hon. Gentleman give way?

[Ben Gummer]

I am sorry, but if the hon. Lady does not mind, I am going to wrap up now.

What the Opposition do not understand—and what I think many on the Government Benches do—is the entirely radical nature of this Bill. It will fundamentally change the relationship between the people of this country—our constituents—and the European Union, and in so doing will change the functioning of the European Union. It is without doubt one of the more exciting Bills to be put before the House by the coalition Government, and I support it wholeheartedly.

[Mr Lidington]

Clause 6 lists those decisions that would always require approval by an Act of Parliament and a referendum. Most of the amendments that we have been considering today seek to add new provisions to clause 6. I want to try to do justice to each amendment and to the various topics that hon. Members on both sides of the Committee have raised in this debate.

Let me turn first to the issue of citizenship, which is the subject of amendment 54, as well as the consequential amendment 55, both tabled by my hon. Friend the Member for Bury North (Mr Nuttall). The amendments would mean that if a decision under article 25 of the TFEU were to add to or strengthen the list of rights for citizens of member states in the European Union contained in article 20(2) of that treaty, there would have to be a referendum before the United Kingdom could agree to it. I understand my hon. Friend’s concerns, and he is right to say that the question of citizenship is important and sensitive. However, where I took issue with him was when he suggested that there was no limit to the ability of the European Union to confer new rights upon European citizens. There are a number of such limits specified in the treaties. Article 20(1) of the treaty on the functioning of the European Union states:

“Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.”

Article 20 also states that “rights”—that is, rights that people possess in their capacity as European Union citizens—shall be

“exercised in accordance with the conditions and limits defined by the Treaties”.

Article 25 is not a new article, but it does concern a sensitive issue, and that is why the Bill proposes to strengthen parliamentary scrutiny of this important ratchet clause and to require that an Act of Parliament be passed before a Minister could notify approval by this country of a Council decision extending the rights attaching to EU citizenship.

That is also the reason—I hope that this will give my hon. Friend some assurance—why the Bill puts a referendum lock on any proposal that the United Kingdom give up its veto over article 25. We have also put a referendum lock on any proposal that the UK should give up other vetoes in the treaty chapter on citizenship of the Union, such as its veto over the arrangements for allowing EU citizens to vote in local elections or the arrangements for allowing people to stand and vote in European parliamentary elections. However, we do not believe that we need a referendum before agreeing to legislation to strengthen or to add to the rights of citizens of member states under article 25, because such legislation can be made only within existing competence. If there were any proposal to change the treaty to extend those areas of competence on which the rights of EU citizens could be based, such a treaty change proposal would be caught automatically by clause 4 and its requirement for a referendum before any extension of or addition to European Union competence.