European Scrutiny Committee Report

Bernard Jenkin Excerpts

Thursday 28th November 2013 Commons Chamber

[Mr Cash]

I would be extremely interested to know why they would not be interested in supporting the Committee’s proposals, particularly the basis on which they are derived, which is that we are putting our national Parliament at the heart of the process, because that is the basis on which Members of this House are elected by the people we have the honour of representing.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

It is remarkable that this is a unanimous report. Indeed, it is supported by the hon. Member for Linlithgow and East Falkirk (Michael Connarty), the previous Chairman of the Committee. It comes up with a radical but soundly based proposal

“whereby the House of Commons can decide that a particular EU legislative proposal should not apply to the United Kingdom”

even it is voted through by the Council of Ministers under qualified majority voting. It also suggests that

“parallel provision…to disapply…the acquis”

communautaire should be made available to the House of Commons. That is based on Professor Damian Chalmers’ analysis regarding the creation of a form of unilateral red card of national Parliaments that is, in turn, based on the EU treaties themselves, which

“shall respect the essential State functions”

of member states. I commend the report and congratulate my hon. Friend on it. He highlights something of a scandal in this House in that we do not scrutinise European legislation in this way already.

--- Later in debate ---

[Mr Cash]

I am grateful to my hon. Friend. There was a time when membership of these Committees was permanent, which meant that they had people who really knew and understood the context in which these matters were being debated. They were not just shoved on them by the Whips at short notice to sit there writing correspondence, or whatever; they took an enormously coherent interest in those matters. The idea of having permanent Chairs and permanent members of the Committee, in parallel with the arrangements for specialist MP rapporteurs—or reporters, as we call them—to serve on the departmental Select Committees, is to create an integrated approach so that the whole House is properly informed at every policy level and can therefore ask the right questions of departmental Ministers on the Floor of the House and in public Committee sittings.

[Mr Jenkin]

At the risk of testing the patience of the House, I note that, as my hon. Friend will be aware, my hon. Friend the Member for Amber Valley (Nigel Mills) has tabled a new clause to the Immigration Bill that touches on these matters in relation to the lifting of restrictions on Romanian and Bulgarian immigrants coming into this country under the EU free movement of people provisions. Is it appropriate on this occasion for me to draw my hon. Friend the Member for Stone (Mr Cash) into any thoughts about how these principles might apply to a new clause to the Bill that would be effective in upholding the sovereignty of this House?

[Mr Cash]

rose—