European Union (Approvals) Bill

Bill Esterson Excerpts

2nd reading: House of Commons
Tuesday 4th July 2017 Commons Chamber

[Bill Esterson (Sefton Central) (Lab)]

The Bill was included in the Queen’s Speech. The background notes refer to helping to grant Serbia and Albania observer status at the EU’s Fundamental Rights Agency, and an agreement for enhanced co-operation between competition regulators in the EU and Canada. However, I will not be the only one who was somewhat surprised that it was chosen as the second Bill to be given a Second Reading in the new Parliament. Why was it given such a high priority, given what might have happened, and given what was, at one point, in the Conservative party manifesto?

We could have suggested some alternatives. For instance, the Government could have addressed the pay cap. Members of the Cabinet and members of the Conservative party are now doing that, and quite an argument seems to be going on, but we could have been debating the subject in the House today.

[James Cartlidge]

The hon. Gentleman will know that the civil war in Yugoslavia was an horrific, scarring experience for our whole continent. We should not belittle it by underestimating the importance of those nations’ reaching our level in terms of human rights and so on.

[Bill Esterson]

Of course the hon. Gentleman is absolutely right, which was why it was right for the Bill to be in the Queen’s Speech. I was merely questioning why it had been given such prominence. Given that it consists of only two lines, why was something weightier not presented first?

I have mentioned the pay cap, the turmoil in the Conservative party, and the agonising over whether public servants should be given a pay rise. There is also the debate about tuition fees, the debate about whether there should be more police and firefighters—

[Michael Tomlinson]

rose—

[Bill Esterson]

I will give way again.

[Michael Tomlinson]

I am grateful to the hon. Gentleman for giving way, but I fear that he may be being a little bit churlish. He has the opportunity now to set out the Labour party’s position in relation to the Bill. He is, of course entitled to go on speculating about what might or could not or should have been debated at this time—as long as you allow him to do so, Mr Speaker—but he has the opportunity to debate this subject now. What does he have to say about it?

[Mr Speaker]

Order. I am grateful to the hon. Gentleman for his inquiry. I could not know what the hon. Member for Sefton Central (Bill Esterson) would say until he had said it, but now that he has said it, I can tell him that he should not have said it.

It would be advisable now for the hon. Gentleman to return to the subject of the European Union (Approvals) Bill. I very gently remind the hon. Gentleman, who is quite a seasoned parliamentarian, that it consists of two clauses, of which—and I say this not least for the benefit of those who are attending to our proceedings elsewhere—the second is “Extent, commencement and short title”. The only substantive clause is clause 1. The question of the pay cap is a matter of enormous interest, but it is wholly irrelevant to the question of clause 1 and consideration of the Republic of Albania, the Republic of Serbia, the European Union Agency for Fundamental Rights, and the relationship between the European Union and the Government of Canada in respect of competition law.

[Bill Esterson]

Thank you very much, Mr Speaker. You may even have stolen parts of my speech.

Anyway, we have the European Union (Approvals) Bill, with its four draft decisions and two clauses, the second of which—as you pointed out, Mr Speaker—consists of the name of the Bill. Members will be pleased to learn that Labour will not oppose the Bill at this stage. We on the Labour Benches are committed to ensuring that the UK fulfils its responsibilities as a member state of the EU, not least in the very important matter of the progress made by the former member states of Yugoslavia. We will do so until the time of withdrawal from the EU; we will continue to scrutinise EU matters that come before Parliament.

This Bill is the enactment of provisions under the European Union Act 2011 and addresses draft decisions of the Council of the European Union. The first of those relates to the participation of the republics of Albania and Serbia as observers in the European Union Agency for Fundamental Rights, and the second to the signing and conclusion of an agreement between the EU and the Government of Canada regarding the application of their competition laws, which includes the exchange of information between the EU and the Canadian Competition Bureau.

The European Union Agency for Fundamental Rights replaced the European Monitoring Centre on Racism and Xenophobia in 2007. As set out on the Europa website:

“It advises EU institutions and national Governments on fundamental rights, particularly in the areas of: discrimination; access to justice; racism and xenophobia; data protection; victims’ rights; children’s rights.”

The agency’s areas of work have been determined through a five-year framework. The main priority areas include the fight against racism, xenophobia and related intolerance.

EU candidate countries can participate in the European Union Agency for Fundamental Rights as observers. This Bill approves two draft decisions on the participation of the Republic of Albania and the Republic of Serbia as observers in the work of the agency. The decision will not in itself confer observer status on Albania and Serbia, but it will establish that the Stabilisation and Association Councils for Albania and Serbia can determine the conditions of the two countries becoming observers.

As the House of Commons Library explains, under the draft Council decisions, Albania and Serbia would both appoint an observer and alternate observer in the work of the agency’s management board, on an equal footing with the member and alternate members appointed by EU member states, but without a right to vote. They would also participate in initiatives undertaken by the agency and make a financial contribution to it.

In an explanatory memorandum to the European Scrutiny Committee on 22 March 2016, the hon. Member for Esher and Walton (Dominic Raab), who was then and is now a Ministry of Justice Minister, said that the Government support Serbia and Albania becoming observers in the European Union Agency for Fundamental Rights, agreeing that it would assist their accession to the EU which the UK also supports subject to “firm but fair conditionality”.

Albania and Serbia will both make a contribution to the EU budget in order to participate, ranging from €160,000 to €183,000 a year. The draft decisions have been cleared by the European Scrutiny Committee and the Lords European Union Select Committee. The Minister said that this is an opportunity for us to support the progress being made on human rights in the two countries in question, and I completely agree on that.

[Mr Liddell-Grainger]

As the hon. Gentleman knows, Labour and Conservative Members and other Members of this House work through the Council of Europe with Albania and the Balkan states to make sure they are monitored and understood. An enormous amount of work is done by this place with parliamentarians across Europe to continue the efforts the hon. Gentleman is talking about. I commend the hon. Gentleman and our Front-Bench team, and I know he will praise the fact that there are MPs here doing the work already.

[Bill Esterson]

The hon. Gentleman is absolutely right to make that point, and I thank him for it; I join him in praising colleagues across the House for their work on these important matters.

However, I have a particular question for the Minister, which also came up in some of the interventions: what would be the nature of our involvement in the agency both immediately after Brexit in handling transitional arrangements and in the longer term? A similar question would apply to a number of other agencies. Perhaps the Minister can address that in her concluding remarks.

There is already an agreement between the EU and Canada on competition. This decision extends the powers so that both sides will be able to exchange evidence collected in the course of their investigations.

[Paul Scully (Sutton and Cheam) (Con)]

I would like the hon. Gentleman to repeat his question in a little more detail, as my understanding of the European Union Agency for Fundamental Rights is that it is there to help to interpret and work on Community law in its member states, so presumably if we left the EU it would no longer be relevant in that context to the UK itself.

[Bill Esterson]

I had moved on to the second part, but I will come back to the hon. Gentleman’s question. We need to know what our relationship will be, given the important work—as the hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger) rightly described it—carried out by Members in this House over many years, which has been extremely important in making progress in the countries named in this Bill and others. It is important that we have a sense from the Government as to how we will stay involved in the work of such agencies. I am sure all Members will agree that this country still has a very important role to play whether or not we are in the EU.

[Alex Chalk (Cheltenham) (Con)]

Does the hon. Gentleman agree that a key bulwark of human rights in this country, and indeed across Europe, is the European convention on human rights, which is not affected by this Bill at all? That has to remain the key and most important element.

[Bill Esterson]

I completely agree.

The EU Commission states that there is a danger that the absence of a power to exchange information with the Canadian Competition Bureau will become an impediment as co-operation between the two parties increases; the Minister made that point. Co-operation with other competition authorities is now standard practice in international competition investigations. The EU has co-operation agreements with the USA, Japan, South Korea and Switzerland. The most advanced is the one with Switzerland; it is very similar to the Canada agreement and has proved, as the Minister said, uncontroversial. Many worldwide or transatlantic cartels include Canada in their operations, and the Canadian commission will get a good opportunity via this agreement to gain additional information concerning these cartels and whether practice is anti-competitive or not.

[Ian Paisley (North Antrim) (DUP)]

Does the hon. Gentleman agree that this Bill serves as an interesting template for taking forward competitive activities post-Brexit? If we can get this right, it might serve to enable other members of the Commonwealth to look at how we can pattern a similar relationship.

[Bill Esterson]

That is a good point, and I will come later to further questions about arrangements after we leave the EU, so that we can continue to benefit from the sort of arrangements set out in the Bill. We certainly need to make sure arrangements are in place to address anti-competitive practices in this country and involving our interests across the world. The Minister might want to address that very good point in her concluding remarks.

[Ian Paisley]

Does the hon. Gentleman agree that the question of establishing such a pattern impacts greatly on our nearest neighbour, the Republic of Ireland? If we can get the relationship right between ourselves and Canada, it might help in getting it right with the Republic of Ireland, which will help us to bolster our trade.

[Bill Esterson]

I think we are in danger of wandering away from the subject—[Interruption.] I have no idea why Conservative Members find that funny, but there we are. Obviously, the hon. Gentleman and the Democratic Unionist party are particularly exercised by that matter, among others, but I dare say that this is something that the Minister can pick up on, perhaps on another day.

Competition delivers benefits to consumers, to businesses and to society as a whole. Competition policy therefore contributes to boosting jobs, growth and investment. The Commission pursues this objective by enforcing competition rules, sanctioning breaches and promoting a competition culture internationally. The proposed agreement will improve the administrative co-operation between the European Commission and the Canadian Competition Bureau. Ultimately, consumers in the European Union and in Canada benefit from competition policy and from the sanctions that contribute to a stronger deterrence of anti-competitive behaviour. More effective competition enforcement results in more open and competitive markets in which companies can compete more freely, enabling them to generate wealth and to create jobs. It also gives consumers a better choice of products at lower prices.

This new agreement is substantively the same as the existing one, which has been in place since June 1999. This agreement just adds new provisions on the exchange of information. Even after we have left the European Union, UK companies operating in the EU will still be subject to the jurisdiction of the European Commission in anti-trust and merger investigations, as all non-EU countries are. Information on UK companies will still be transferable after Brexit. After Brexit, the European Commission will still share information about UK companies with Canada but will not be bound to share the information about the UK it receives from Canada with the UK. I would like the Minister to address that point.

This agreement relates to administrative co-operation between the European Commission and the Canadian Competition Bureau, so public consultation and an impact assessment were not considered necessary by the Government, and, as the Minister has now said on a number of occasions, she does not think that there will be financial implications. The Government have noted in the explanatory memorandum that this new agreement will have no impact on UK law and no financial implications.

The European Scrutiny Committee did not at first clear the proposal. The Chair of the Committee, the hon. Member for Stone (Sir William Cash), who I dare say will make a contribution to the debate, requested further information about whether and in what way the United Kingdom could participate in the agreement following withdrawal. The Minister responded to the Committee on 24 October, stating that

“the Government will ensure that the UK is in the strongest possible position to cooperate on competition matters with our international partners...There are a number of options for securing the means for international cooperation…As the form of any cooperation agreement will depend on our negotiation with the EU and negotiations with other countries such as Canada it is too early to say what exact form international cooperation will take.”

That raises a number of questions about transitional arrangements in the longer term. In response to that letter, the Committee subsequently cleared the documents.

That brings us to the question of what arrangements will exist after we leave the EU. The Minister referred in her letter to seeking to extend the current arrangements. For how long does she think that will be necessary? What guarantee is there that it would be possible to extend them? UK companies operating in the EU will still be covered by this agreement. The difference will be that, while the European Commission will continue to share information with Canada about UK companies, that information will not be shared with the UK unless a further agreement is reached. She said in her letter that any co-operation agreement would depend on negotiation. How long does she think those negotiations are likely to take? What will she be seeking to achieve in them? We have now reached the point at which Ministers need to start answering the questions about transitional and longer-term arrangements for these and many other matters.

There is no doubt that competition is vital to our economy, to the success of our businesses and to the prosperity of the people of our country. Encouraging healthy competition is vital. The role of national Governments, and of international co-operation, is to create a fair market, not just a free market. It is also to avoid anti-competitive practices, including the creation of cartels through mergers and acquisitions which distort the market; the undercutting and exploitation of workers and smaller businesses; the use of zero-hours contracts where workers have little choice; the treatment of smaller businesses by banks that will only fund those with liquid assets; and the delays in the payment of invoices by larger firms. Those are all examples of anti-competitive and exploitative practices in which Governments—nationally and internationally—should find ways of intervening to set a level playing field. Governments should be a partner to business and to the workforce. They should encourage those wishing to start and grow a business. They should be investing, and they should have the right strategy for infrastructure and skills. They should have an industrial strategy. Underpinning all that should be the right approach to competition, which is what this part of the Bill is all about.

We need answers to the questions about what happens after we leave the EU and about what transitional arrangements will be in place. The nature of the Minister’s comments in her letter to the European Scrutiny Committee show just how complex these questions are, and it is time we started to get some answers.

[Michael Tomlinson]

I am following the shadow Minister’s speech closely. He has mentioned the European Scrutiny Committee several times. Will he join me in calling for the Committee to be reconstituted as soon as possible? His speech has demonstrated the important work it does, and it needs to get going straight away.

[Bill Esterson]

I do not know whether the hon. Gentleman was in the Chamber before this debate started, when my hon. Friend the Member for Bootle (Peter Dowd) made an impassioned plea to you, Mr Speaker, for the Select Committees to be reconstituted as soon as possible. Of course I agree with the hon. Gentleman.

Labour accepts the referendum result and recognises that Britain is leaving the European Union, but we need to negotiate for strong transitional arrangements to ensure that there is no cliff edge for the economy. We also need to give much greater priority to retaining the benefits of the single market and the customs union than we have seen from the Government so far. We should not accept any watering down of workers’ rights and environmental standards as a result of Brexit. We will seek significant improvements to the repeal Bill to ensure that there is proper oversight of the use of new powers and no drop in EU rights and protections.

In that context, the discussions that we are having this afternoon are really important. We on the Labour Benches will seek—as, I believe, will the Minister—a strong, collaborative new relationship with the EU, not as a member but as a partner. We will seek to remain a member of common European agencies that benefit the UK, such as Europol, Eurojust and the Erasmus scheme. Perhaps the arrangements we are discussing today can be added to that list. We have to get this right, but we are not in a strong position as we enter the negotiations. I want to see the Prime Minister change her approach. She must drop the idea that “no deal” is a viable option. She must also put a much stronger emphasis on jobs, on the economy and on retaining the benefits of the single market and the customs union, and she must bring Parliament back into the Brexit process, as we have seen happening today. The fact that we are debating this Bill shows that we must retain the benefits of the co-operation and relationships that we currently have with the EU.

I said at the start that this was a Bill with only four draft decisions, but it is indicative of what is to come as we address the challenges of Brexit. As far as this Bill goes, the Minister really does need to answer the questions about transitional arrangements and negotiations so that we can continue to share information to the benefit of our economy and of the people of this country.

--- Later in debate ---

[Ian Paisley]

I am quite happy that the hon. Gentleman has clarified his comments, but given what has happened in the past week in this House—the passing of the Queen’s Speech and the amendment that was not moved—I think reference has already been made to that. It should be absolutely clear that, in my view and in the view of my party, the unborn is—even in the words of Hillary Clinton—a “human being”. According to science, it feels pain, it knows emotions and it is faithfully and wonderfully made. My party will take a stand on that issue irrespective of the political agreements that are reached. I say that as a warning to others who may seek to raise the issue in the House in the weeks, months and, hopefully, years ahead.

Turning to the issue of competition, which is mentioned in this Bill, and the competitive rights, which have been identified, I welcome what has been put on page 6 of the Labour party manifesto, because it emphasises the importance of what we are discussing today. It says that the Labour party will make sure that we leave the European Union. I welcome that because, when we leave the European Union, we do not half leave it or partly leave it; we get out. It is essential that we get out of the customs union and the single market. We cannot address the competition matters identified in this Bill with Canada, for example, if we do not get out of the customs union. It is absolutely crucial that we leave the customs union. We cannot make free trade agreements with any other country unless we are free to do so, so the quest for freedom is incredibly important. That was driven home to me recently in a piece of correspondence that I received from a large steel processor here in the United Kingdom.

[Bill Esterson]

The hon. Gentleman is raising some really important points relating to the competition element of this Bill. He touched on an earlier intervention. Will he say a little bit about how he sees the relationship between the north and south of Ireland working?

[Ian Paisley]

Certainly. I will comment on it after I have made my point about the steel industry. I received a note from the managing director of John Reid and Sons. It is a massive company that has been in existence for 98 years. It said:

“to remain in the customs union would mean that we cannot do our own trade deals with the rest of the world. We have exported to over 140 countries throughout our 98 years in business; we have an idea of what we are talking about…The customs union is a terrible tragedy for Third World agriculture and fisheries, and prevents proper trade.”

That was written by someone who is at the coalface every day and knows what they are talking about. It is important that that point is reflected in this debate.

The hon. Member for Sefton Central (Bill Esterson) has asked me to comment on some of the points that were made about how this matter impacts on the Republic of Ireland. While you would show me great leniency, Mr Deputy Speaker, if I were to speak at length today on the Republic of Ireland and on what a future trade deal would look like, I think that, even though you like me considerably, you would probably rule me out of order. I will try to touch on the point. I recommend to all Members of the House that they go to the Library and get a copy of the Policy Exchange document that was published earlier this month. It was written by Ray Bassett, a former ambassador from the Republic of Ireland to the United Nations. The title is: “After Brexit: will Ireland be next to Exit?” It is a very important policy paper that sets out compelling reasons why the Republic of Ireland must follow the United Kingdom out of the EU. If it fails to do that, its trade will be ruined. We have something in common with Canada on that point. For example, Canada has great fishing waters, and it protects those fishing waters for its fishing fleet and fishing companies. In the past 48 to 72 hours, the fishing rights of the United Kingdom have been discussed at some length in the media.

Of course, the Republic of Ireland’s fishing waters are currently underfished, because the Republic of Ireland is able to encourage the rest of the EU to fish in our waters. Once we claim back our fishing waters, Mr Deputy Speaker, do you know what will happen? The rest of the EU will want to fish in Ireland’s fishing waters, putting great pressure on the Republic of Ireland and stealing its catch. It is for such reasons that it is essential that we understand the commercial reasons why it is important for Ireland to exit the EU. I think that I have probably pushed you just enough, Mr Deputy Speaker, with my comments on the Republic of Ireland. I wish that the shadow Front-Bench spokesman would encourage me again, perhaps by asking me another question on the issue, as I would certainly push the matter even further—then we might not get the red flag.

We must make it absolutely clear, as I said earlier, that agreements such as that which we are discussing today impact tangentially on the pattern of how we should do commerce in the future. The Canadian agreements and aspects are very important, because if that is how Canada will be treated by the EU after we leave, we need to take cognisance of what is in the Bill regarding the relationship that we will have with Canada.

In response to the points made by the hon. Member for Henley (John Howell), let me say that when the UK leaves and Albania and Serbia join—well, I almost feel like saying, “Good luck with that. It will be some club to be a part of,” but I think that would be unfair—those will, ultimately, be matters for what is left of the EU. By the time the accession rights are achieved, the EU will be a very different club from what it is now. When the UK leaves and, as I have predicted, Ireland leaves, although Serbia and Albania wish to join, the EU countries might at that point consider what is in their greater interests. The charges for membership of the EU will be immense. For example, since 2014 the Republic of Ireland has had to pay more than £1 billion to be a member of the EU. It previously paid nothing. If that is what Ireland will have to fork out, what will countries such as Serbia and Albania have to fork out under the new arrangements?

I leave those points for the House to consider and hope that the Minister can reflect on them when she sums up.

European Union (Approvals) Bill

Bill Esterson Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 10th October 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Margot James)]

This is a short Bill. As I explained on Second Reading, the purpose of the Bill is to approve four draft decisions of the Council of the European Union. All four draft decisions rely on article 352 of the treaty on the functioning of the European Union, and therefore require the approval of Parliament. Section 8 of the European Union Act 2011 provides for exemptions in order to avoid the requirement for an Act of Parliament, but the decisions with which we are dealing do not fall within any of the exempt purposes.

The first two decisions will enable two countries, the Republic of Albania and the Republic of Serbia, to be granted observer status in the European Union’s Fundamental Rights Agency. The third and fourth decisions are necessary to implement a co-operation agreement between the EU and Canada on competition enforcement. Clause 1 provides for approval by Parliament of those four draft EU legislative decisions. Clause 2 concerns the territorial extent of the Bill, its commencement date and short title. Subsection (1) provides that the Bill extends to the whole United Kingdom, subsection (2) provides that the Bill will come into force on the day it receives Royal Assent and subsection (3) provides for the Bill’s short title.

We are content that all four decisions are reasonable and proportionate, and that they will not result in any additional financial burdens on the UK. I urge hon. Members to agree to clauses 1 and 2 standing part of the Bill.

[Bill Esterson (Sefton Central) (Lab)]

The European Union (Approvals) Bill is a two-clause Bill, as the Minister has said. It will approve four draft decisions of the Council of the European Union in relation to the participation of the Republics of Albania and Serbia as observers in the work of the Agency for Fundamental Rights, and the signing and conclusion of a new agreement between the EU and Canada regarding competition law, including the exchange of information between the EU and the Canadian Competition Bureau. Approval of those decisions by means of an Act of Parliament is necessary under the European Union Act 2011 in order for a Minister to vote in favour in the Council.

The Fundamental Rights Agency replaced the European Monitoring Centre on Racism and Xenophobia in 2007. As the Europa website states, the agency advises EU institutions and national Governments on fundamental rights, particularly in the areas of discrimination, access to justice, racism and xenophobia, data protection, victims’ rights and children’s rights. The agency’s areas of work have been determined through a five-year framework, and the main priority areas include the fight against racism, xenophobia and related intolerance. EU candidate countries can participate in the FRA as observers. The Bill approves two draft decisions on the participation of the Republic of Albania and the Republic of Serbia as observers in the FRA’s work. We support the draft decisions concerning the participation of Albania and Serbia in the FRA.

Competition is vital to our economy, the success of our businesses and the prosperity of the people of our country, and the encouragement of healthy competition is vital. National Governments have a vital role in ensuring that a fair market exists, and not just a free market. The way in which Governments work together is also crucial in determining whether markets are free, fair or otherwise. The decision of the Trump regime to impose punitive tariffs on Bombardier will have a disastrous effect on the workers and communities of Northern Ireland, and on the economy. Such tariffs, if they are allowed to stand, exemplify the use by companies such as Boeing of market dominance to destroy competition.

[Mr Bob Seely (Isle of Wight) (Con)]

I am not sure that I like Donald Trump any more than anyone else does, but does the hon. Gentleman understand the difference between a regime and an Administration? He calls the Trump regime a regime, but in fact the Trump Administration is an Administration. It is a democratically elected Administration, not some sort of hard left Venezuelan or Cuban-style regime.

[Bill Esterson]

I do not think there is any danger of confusing Donald Trump’s Administration or regime with anything of the hard left.

That Boeing can act as it has done—initiating trade disputes in a segment in which it does not compete—with the full support of a protectionist US Administration demonstrates the need to ensure that every effort is made to deliver healthy and fair competition. The reliance of some Ministers on the US for trade and for our own economic success has been brought into sharp focus by the actions of the Department of Commerce. Notably, this applies to the International Trade Secretary, who seems to think that our relationship with the US is the answer to all our prayers, but it clearly is not.