Egypt
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Alistair Burt
Over a number of years, this country and others have engaged consistently in conversations with those in Egypt and other countries in the area about the need for political and social reform. Two weeks ago, I was at a conference in Doha with G8 countries and those representing the broader middle east and north African area. It was the seventh time that this conference had taken place and such engagements had occurred, and a recurring theme was how political and social change could happen in the region. G8 countries sent a consistent message, as the European Union has done over a period of time, and as this Government have done, and I do not think that there is an inconsistency in trying to achieve stability in such a way.
Chris Bryant (Rhondda) (Lab)
Is there not the danger that the longer the Egyptian Government try to keep the top on the pressure cooker, the more people will be forced or inclined to look towards radical alternatives, not only in Egypt but elsewhere? Is not the role of organisations such as the BBC World Service of even more significance, therefore, given that we are trying to ensure that people have access to a fair interpretation of events on the ground?
Alistair Burt
As I indicated earlier, free expression is very important. People access information about what is going on by a variety of methods—it is clear that the information tide will never be rolled back. The BBC World Service has played its part, and a new and reformed BBC World Service will continue to do just that.
BBC World Service
Chris Bryant Excerpts(13 years, 10 months ago)
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Mr Hague
My hon. Friend’s question raises a wider discussion about the western Balkans. We give a great deal of diplomatic and ministerial attention to that region. We have been highly active in ensuring that dialogue rather than confrontation has taken place between Serbia and Kosovo over recent months, and we are now doing a great deal of work on the future of Bosnia. That is done by British diplomats, supported by the work of British non-governmental organisations, and British Ministers, working cohesively.
Chris Bryant (Rhondda) (Lab)
I am absolutely certain that the World Service cannot be preserved in aspic, and that if Labour had been in power, there would have been cuts in its budget. However, every single foreign politician whom I have met in my time in this House told me that one of Britain’s greatest assets is the BBC World Service. For many of them, it was the symbol of freedom. My big anxiety is that cuts in the World Service are so much heavier than cuts in other parts of the Foreign Office that they will leave a very depleted organisation, and that uniting the World Service with the rest of the BBC will hit rather than improve its impartiality. Will the Foreign Secretary therefore reconsider?
Mr Hague
The hon. Gentleman’s question is a good deal more realistic than some that I have been asked in the past half an hour, because he recognises that whatever Government were in power, there would have to be reductions in the World Service. He can gather from what I outlined earlier that we have sought to limit the impact on the number of countries involved. That is why only five separate language services are being closed. We have taken all the factors he outlined into consideration, limited those closures and provided for the future development of the World Service, so that it continues to be the respected service of which he rightly speaks.
European Union Bill
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Mr Lidington
What is clear in the Bill is that anything under article 48(7) relating to the giving up of a UK veto or a move to qualified majority voting would require primary legislation here. My hon. Friend the Member for Daventry questioned me on those areas of policy, defined in various parts of the treaty, where article 48(7) could be applied to move from the special to the ordinary legislative procedure, but where QMV still applies now and would apply in the new circumstances. If it would help the hon. Lady, I will happily copy the letter I write to my hon. Friend the Member for Daventry to her as well.
We took the opportunity in working on this Bill to take a fresh look at this issue. We concluded that a general principle could be applied—that articles already in the treaties that provided a “one-way” option should also be considered to be passerelle clauses. These one-way options add to or reduce what could be done within existing areas of EU competence, but without changes to either voting rules or legislative procedures. We felt that they should be subject to primary legislation.
We also looked hard at articles that modify the composition or rules of procedure of existing EU institutions and bodies. We will come on to most of those when we debate clause 10. However, we felt that the article allowing for the amendment of the number of Commissioners was a highly significant article as it could be used to negotiate a reduction in the current requirement that every member state should nominate one Commissioner. We therefore proposed, because of the importance of that matter, that any such decision should require approval by primary legislation.
Chris Bryant (Rhondda) (Lab)
Is it not ludicrous that there are so many Commissioners? There are far too many of them to give them all proper jobs. Half of them do not have a proper job now. We have ended up with a system under which each country gets one Commissioner, but they are not meant to be there as “the British Commissioner”. They should work together as a commission. When it comes to state aid, it is particularly important that they act independently, not as a national representative.
Mr Lidington
The hon. Gentleman, my predecessor in office, puts a strongly held view with characteristic cogency. Whatever the merits of his argument, it seems to me that departing from the principle that each country should be entitled to nominate a Commissioner would be a change of major significance to the way in which the European Union is organised and run. As such, it would seem appropriate, whatever the merits or demerits of the proposal, that this should be subject to primary legislation rather than any less demanding form of parliamentary scrutiny.
Mr Lidington
I am conscious of the pressure on time and I am going to try to make some progress.
Let me respond to the challenge from the hon. Member for Caerphilly (Mr David) about the numbers of advocates-general. There are not 27 advocates-general, so we are not in the position of having one for every member state, but it is important that we retain the veto on this, and we have no intention of giving it up.
It is important for the United Kingdom to be able to approve the appointments of judges and advocates-general, and we felt that it was sufficiently important to be included in schedule 1.
Mr Lidington
I am afraid that I am going to deny myself the pleasure of hearing a further explanation from the hon. Gentleman.
The other articles listed in clause 7—covering decisions on provisions for elections to the European Parliament, on the system of own resources of the EU, and on the adoption of provisions to replace the excessive deficit procedure—already require primary legislation before this country can agree to them, and clause 7 replicates those earlier requirements. Decisions under the articles listed in clause 7(2) would require approval in accordance with the constitutional requirements of the member state before the member state confirmed its approval of a decision. The four articles that I mentioned are also subject to enhanced parliamentary control in Germany following the judgment of the Federal Constitutional Court on the Lisbon treaty.
For the other decisions listed in subsection (4), primary legislation will be needed before this country votes in the Council of Ministers or the European Council. In other words, the Act will be needed before the United Kingdom can cast its vote. We intend that to happen before the final political decision to use the ratchet clause is made at European Union level but after official-level negotiations have been completed, so that it is clear to Parliament that that is the final text and it can make a decision on what is proposed without the risk of further changes.
Unlike the 2008 Act, the Bill does not contain a disapplication provision giving Ministers discretion to approve a decision that has been amended since being approved by Parliament. That is deliberate. We want Parliament to approve the final version, although it will of course be examining the proposals from an early stage under the existing arrangements for parliamentary scrutiny of European legislation.
I should emphasise that these provisions will apply only when the Government intend to agree to a measure. If the Government of the day did not support the exercise of any of the ratchet clauses, they would simply block their adoption. However, the pledge in the coalition agreement and the commitment in the Bill provide that when the Government would be in favour of such a decision, Parliament must approve it first.
Chris Bryant
I did not intend to speak, but as the Minister refused to give way—it was the first time I had ever seen a Minister do that in Committee—I wanted to make one very brief point. [Interruption.] I see that the Whip is fulminating. He can go and fulminate on his own.
The problem with the Bill, and with clause 7 in particular, is that it will make it more difficult for us to negotiate with other countries to achieve the outcomes that we want for the British people. Let us suppose, for example, that France introduced a law similar to this and we tried to negotiate a proposal that is in the coalition agreement, namely that we should end the ludicrous caravanserai between Brussels and Strasbourg. It is laid down in the treaties that the European Parliament shall have two places in which to sit, which is ludicrous given the vast amount of money that is spent on the two buildings, the vast inconvenience caused to people, and the creation of a monopoly air service which is also ludicrously expensive. Moreover, I do not think that all that has resulted in a better policy and decision-making process. However, if the French Government had a law such as this, they would simply block every treaty change that might be in our interests.
Stephen Phillips
As always, I am grateful to the right hon. Gentleman for giving way, but has he not just made the case for why the Bill is so important? In the example that he has given, it would be possible for the French Government to say to other European Governments, “This is in the interests of my country, and I will therefore not be able to get it through.” Is that not the great merit of the Bill, and is it not the sort of Bill that we would never have seen from the Government of whom he was a member?
Chris Bryant
May I just clear something up? I am not right honourable, although many hon. Members have recently referred to me as such. Many would doubt whether I am even honourable.
The First Deputy Chairman of Ways and Means (Mr Nigel Evans)
Order. I am not calling a Division on this one!
Chris Bryant
I do not think you are able to call one, Mr Evans.
The hon. and learned Member for Sleaford and North Hykeham (Stephen Phillips) seems to be arguing that we should adopt a French style of intransigence, permanently trying solely to defend the British interest. In the end, such an approach cuts off our nose to spite our face. I do not think that anybody here thinks that the double-sitting arrangement is sensible, and most French politicians would agree in private. If this country starts setting up barriers to try to make it more difficult to change anything in the European Union, other countries will do the same and we will end up keeping some of the anomalies and ludicrous elements of the European Union. That is why I oppose the clause. I would have dealt with all that in a short intervention on the Minister.
Mr Shepherd
I do not understand this. The hon. Gentleman says, “It is in the treaty” but this Bill has nothing to do with changing the treaty and is about circumstances that may arise in the future. So what point is he making? If the treaty provides for movement between the two centres on a rotating basis, it is mandatory, is it not? How does this relate to the Bill?
Chris Bryant
The Bill does make reference to treaty change, and understandably so. I thought that the whole argument that the hon. Gentleman and many others have made over the past three or four years during discussion of the Lisbon treaty and its predecessor was that because a treaty change was involved, there should be a referendum. All I am saying is that if that had been the proposition in France, we would never see an end to that element of treaty change. I would, however, be amazed if the Government make any progress on trying to change the Strasbourg provisions, although perhaps the Minister will be able to enlighten us on that.
Mark Reckless (Rochester and Strood) (Con)
The hon. Gentleman mentions that the dual site of the European Parliament is provided for in the treaties. Surely the key issue is that the coalition agreement says that we are going to deal with this situation. The opportunity to do so is coming up, because the eurozone needs our agreement to a new treaty. In return for our agreement, surely we could demand that the European Parliament move to a single site, thus fulfilling what is in the coalition agreement.
Chris Bryant
That little speech was the definition of “denial”, because there is no prospect of the French volunteering a treaty change on the Strasbourg sittings unless an enormous contribution is to be made from our side, which the Government would be able to deliver only if they were holding a referendum. By forcing referendums here, which means that the Government cannot give anything away, the Bill is making it impossible to win the argument on closing down Strasbourg—I mean the sittings there, not the city.
Kwasi Kwarteng
The issue that the hon. Gentleman raises in his example is clear. He suggests that the French would be reluctant to give away the right to have the two sites. That just illustrates the point that my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) made about the French sticking up for their interests, and it touches on the whole point of this Bill. It seems extraordinary for a Member of Parliament to say, “We don’t like the Bill because sticking up for our interests might in some way damage the whole European project.” That is not what we are trying to do.
Chris Bryant
I think that the hon. Gentleman misunderstands me. I am sure that that is my fault, because I cannot have expressed this at sufficient length or ably enough. The point I am trying to make is that our insistence that there will be no treaty change without a referendum makes it more difficult for us to achieve changes in the treaty that we want to pursue, because other countries will simply say, “We know that you are determined not to have any treaty change whatsoever, which is why you have created this referendum lock and all the rest of it.” That is why, I think, Government Members who are delighted that the coalition is committed to trying to change the situation in relation to the dual sittings and Strasbourg are profoundly deluded.
Nick de Bois (Enfield North) (Con)
How does the hon. Gentleman reconcile his statements about our having a referendum, when lots of negotiations have gone on while many countries have had referendums?
Chris Bryant
Referendums in different countries operate in different ways. I think that I have heard the Minister say on a couple of occasions both here and elsewhere that there was never a referendum that supported the Lisbon treaty. That is completely untrue, as the Spaniards were the first to hold a referendum and it had an 83% or 84% yes vote, so he is wrong about that.
I think I have made my argument on Strasbourg.
Mr David
My hon. Friend is making a very important point. He has used the example of Strasbourg, but he is making a wider point. The process of change in the European Union, as anybody who knows anything at all about it will be aware, is based on negotiations. The point of the Bill is that it makes it impossible for future Governments in this country to negotiate in Britain’s national interest.
Chris Bryant
Absolutely. There are many different things in the European Union—many determined in treaty—that I want to change as a pro-European and as somebody who wants always to defend the British interest. I do not see those two things running counter to each other. My argument in essence is that the Government must have enough freedom to proceed in negotiations, so that they can gain concessions from the other side. If a country has already locked itself down, it is impossible to gain concessions from the other side.
Chris Bryant
I will give way to the hon. Gentleman, then to my hon. Friend, and then please release me.
Mark Reckless
I would suggest that the hon. Gentleman has not entirely seen my point. A referendum is only one lever that the UK can use to extract concessions. Our agreement is needed on the new treaty for the eurozone, which is desperately needed to try to put in place a permanent bail-out mechanism. My suggestion and, as I understand it, the commitment in the coalition agreement is that as a coalition we will ensure that the Parliaments move to one site and work to limit the application of the working time directive in the UK. Surely that new treaty gives us an opportunity to do so.
Chris Bryant
No, because one requires treaty change and the other does not. If we have already locked ourselves down by saying that any element of change would have to be submitted to a referendum, when we effectively know that most referendums on many of these issues would be lost in the UK—that is the whole tenor of the argument made by the hon. Gentleman and others on the Government Benches—it will be impossible for us to negotiate with a free hand. In the end, that will be bad for the British interest.
Ms Gisela Stuart
I want to make an offer to Members of running classes on how the EU works. Anybody who has ever worked in the EU would turn in their grave if we were to rerun the past 10 minutes—except those who are not there yet. The comments have shown a complete and utter lack of understanding of how the EU works and how treaty changes work. What is most amazing about the Bill is that I find myself for the first time in years agreeing with those on my Front Bench—that shows how wrong the Government are. Negotiations are different; none of this has anything to do with clause 7 and hon. Members are utterly wrong. I am happy to run a workshop on that afterwards.
Chris Bryant
It is a delight to agree with my hon. Friend. I do not think that she and I have ever agreed on anything before. That is perhaps a slight exaggeration; I think we agreed that a Labour Government were better than a Conservative one.
Many thanks for calling me to speak, Mr Evans. I think I have made my one point eight times now, and that will probably suffice.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Decisions under Article 352 of TFEU
European Union Bill
Chris Bryant Excerpts(13 years, 10 months ago)
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Chris Bryant (Rhondda) (Lab)
The hon. Gentleman referred earlier to consular protection, which, as he knows, has been enjoyed by all citizens of each EU member state for some considerable time. If we have no representation in a particular country, British citizens can go to a French, German or Spanish embassy and receive the same consular protection that they would expect from the UK. Does he really think that that should require a referendum?
Mr Nuttall
As I understand it, that is already provided for in article 20(2), so there is no need to introduce it again. Amendment 54 would apply only to future extensions of that article.
Chris Bryant
But following the creation of the European External Action Service, there is provision for some extension of that right. That is for obvious reasons, namely that many of the smaller countries in the EU have no diplomatic service or representation in quite a lot of countries. Just as we use the services of the Australians in some cases, for instances in Laos, and the French diplomatic services in other cases, surely it would be wrong to put the need to have a referendum in the way of an extension of that provision for British citizens or any other EU citizens.
Mr Nuttall
I hear the hon. Gentleman’s point, but the difficulty is that article 20(2) covers much more than just that matter. As I said, it covers the likelihood of citizens of other EU states being allowed to vote in our national elections. There is real concern about that, and there would be a drive and desire for citizens of the UK to have their say if the EU ever sought to allow it.
Chris Bryant
When I was Minister for Europe, I probably had more correspondence with British people living in Spain than with those living in any other country in Europe. The best part of 1 million British people now live in Spain, and many of them feel that they need greater protection by the EU—for instance, if their houses are being pulled down because of the changes to housing and coastal laws. They would like to be able to vote in Spanish general elections, so that they can have a voice in Spanish society. Does the hon. Gentleman think it is wrong that they should be allowed that?
Mr Nuttall
I believe it should be up to the Spanish to decide who should vote in Spanish elections, not the EU, just as I do not want the EU telling our country whether citizens of another EU country should have the right to vote in our national elections.
I might be reading too much into this, but I wonder whether the reason the current article refers only to European parliamentary elections and local elections is that people in the world of the EU would like national elections done away with. In their world, there would be only regions within the great European Union. Is that why no mention of national elections was made in that article?
Mr MacShane
That is a good crack, but I think that the right hon. Gentleman will find that Spanish power messed up the continent for another 100 years until we won again. If the House of Commons only exists to express the sentiment of the football fan that “We won, and they have to lose”, Britain will never advance.
Chris Bryant
If the right hon. Member for Wokingham (Mr Redwood) is correct that we won in 1604, why did we spend the next 20 years trying to marry off the heir to the British throne to a Spanish infanta?
Mr MacShane
I am glad that we are now marrying off one of our royals to someone who has the attributes of a very normal, pretty Englishwoman. We wish William and “Caterina” every success.
To return to the Bill and the clause, I campaigned for many years in this House, on an all-party basis, for laws and measures to combat human trafficking. That cannot be done on the basis of a single decision of this House alone. In the last Parliament, it took a great deal of work by hon. Members on both sides of the House to persuade the then Prime Minister to first sign and then ratify the Council of Europe’s convention on trafficking. The Home Office’s view was that it did not want to be told by anyone—and this was the Council of Europe, not the European Union—what to do or to accept any obligations. Ministers and officials came up with argument after argument about why the Council of Europe convention should not be signed. I am glad to say that parliamentary pressure from both sides wore them down and the then Prime Minister, Tony Blair, signed and ratified it. It was an important step forward. As ever, it was not the final solution to that dark and wretched side of globalisation, but it was a step forward.
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?
Mr MacShane
Again, this shows a failure to understand that if we do not like a treaty, there is an alternative. I have been told over the 16 years in which I have sat in the House that almost any change would undermine Britain. Indeed, the right hon. Gentleman famously said that the Amsterdam treaty would mean the abolition of the United Kingdom. Can anybody in the Committee tell me a single thing that was in the Amsterdam treaty?
Mr MacShane
There we are: when we need an anorak, there is always one from Rhondda. I am grateful to my hon. Friend.
I respect the Member for Europe, for whom there is a great deal of affection among those of us in the House who are first-class Euro-bores. The Member for Europe—[Hon. Members: “Member for Europe?”] I apologise: the Minister for Europe is a sincere and serious chap. I have recently been much involved in the issue of Kosovo. One of our great problems there is that whereas the United Kingdom recognises Kosovo, along with 21 other member states, led by Britain—there is, I hope, not a cigarette paper of difference between those on our Front Bench and those on the Government’s on the importance of helping Kosovo find its way to a future—five EU member states do not recognise Kosovo. As a result, we are utterly stymied in so much that we could and should do to help Kosovo find its way towards some stability, and because Kosovo has no stability or sense of security, that is contagious in other countries in the Balkans. There are times when this Government would, if anything, like to exercise a little more authority in Europe, in order to achieve key foreign policy goals.
Priti Patel
I have spoken previously about various clauses in the Bill and have made it abundantly clear that I welcome it. There is no doubt about that. On the hon. Gentleman’s point about an in/out referendum, I would like to see a referendum on many, many issues, some of which are in the Bill. I will now speak to one fundamental issue that I think should be in the Bill.
Chris Bryant
The hon. Lady has just said that we should have a referendum on many, many issues. Does that mean many, many referendums, or one referendum on many, many issues? If it is the latter, how would one know on what one was voting yes or no?
Priti Patel
As the debate has proved, many issues to do with the way in which we do business in this country are related to the laws and the decision-making powers of this House and the judgments exercised by Europe, and reflect the views of members of the public. Fundamentally, the British people have a right to vote on where we stand with Europe and on our relationship with Europe. I have been clear on that and consistently maintained that view.
Chris Bryant
The hon. Lady is being generous in giving way, for which I am grateful. She has just used rather Treasury Bench words. That is intended not to promote her, but to denigrate her, I am afraid, because those words seem rather woolly—I am merely recognising my previous sins. Does she mean in or out?
Priti Patel
I would be very happy if the country had a referendum on in or out of Europe, and I have consistently maintained that view. That is my personal view, but it is not the subject of debate on the Bill.
Amendment 81 would guarantee a referendum in the event that the EU proposed to reduce our powers over our inshore territorial waters up to the 12 nautical mile limit. I therefore ask the Minister and the Committee, through this debate, to put that safeguard in place. The amendment would not solve all the historical problems with the common fisheries policy, but importantly it would protect many of the efforts that this Government and the devolved Administrations are making in our sovereign territorial waters.
Chris Bryant
I congratulate the hon. Member for Witham (Priti Patel) on her speech, but it exemplified the fundamental problem that I have with clause 6 and, for that matter, schedule 1. The Euroscepticism at the heart of the clause is a classic example of our exaggerated understanding of our own significance—in particular the significance of Britain and of our parliamentary tradition. That has been exemplified in many speeches this afternoon.
I always think it is ironic when people inveigh against other Europeans, often misquoting John Bright to say that this Parliament is the mother of all Parliaments, when he actually referred to England as the mother of all Parliaments. It is particularly ironic when people then refer to the first summoning of commoners to a royal Parliament—Parliament is of course a French word, not an English word—by Simon de Montfort. They quite often forget that he was in fact a Frenchman, and a profoundly anti-Semitic one at that. Incidentally, we only know the names of those who attended the 1258 Parliament because they had their expenses paid.
Mr Cash
We are enjoying the hon. Gentleman’s speech, but I thought I would mention that although he is right about what John Bright said—I have just finished writing a book about him—John Bright was defending democracy. Given the problem of the democratic deficit that we so often have, he would have been appalled at clause 18 and absolutely appalled at the manner in which power has been accumulated and moved away from the people of this country, particularly those who are less well off.
Chris Bryant
I think that John Bright would have been appalled by nearly every economic decision that has been taken by the coalition Government since they came to power, so I do not think that the hon. Gentleman is on good territory in summoning him up in support.
I also point out that the first royal to build on this site was King Canute, who, of course, was Danish. We must therefore take a less effortlessly superior approach to the European Union in our discussions.
Mr Nigel Dodds (Belfast North) (DUP)
The hon. Gentleman said that Euroscepticism lies at the heart of the Bill. However, he will have heard the hon. Member for Westmorland and Lonsdale (Tim Farron), who is ardently pro-European, also supporting the Bill. What is the hon. Gentleman’s take on that?
Chris Bryant
The attitude of the hon. Member for Westmorland and Lonsdale (Tim Farron) is rather different from that before the election, as is that of the Liberal Democrat party. That will not surprise many Conservative or Labour Members. The hon. Gentleman seemed to suggest that a vast army of people are constantly campaigning on Europe and our relationship with the European Union. In my time in this House, which is coming up to 10 years, I think that I have received four letters from my constituents about our relationship with the European Union. I have received quite a lot of letters from other people’s constituents, but remarkably few from my own. I agree completely with the hon. Member for Daventry (Chris Heaton-Harris) about the failure in the way in which we scrutinise the mandate that Ministers think they are taking to meetings of the Council of Ministers and the legislation that comes from the European Union. I have made that point many times to the House.
Chris Bryant
I do. It is unfortunate that the Leader of the House has adopted the approach of insisting that pre-Council debates have to be provided for by the Backbench Business Committee from its allocation. Those debates are about the Government’s mandate, and they should be in Government time. I hope that at some point the Leader of the House will change his position on that. We may well not need a full day’s debate—two and a half hours might be sufficient. Having participated in nearly every one of them since 2001, along with my hon. Friend and neighbour from the south Wales valleys, I can fairly safely predict who will take part in them. I can pretty much guess exactly what they will say, as quite a few of us have single transferrable speeches.
I wish to refer specifically to some of the amendments in this group, and my points will be made against the background of my belief that the whole of clause 6 is nonsense. It will harm the power of the British Government to negotiate on behalf of the British people and advance the British interest. It will make Parliament look like a body that is not genuinely interested in significant economic or trade advances. To Indian, Chinese, Russian, Brazilian and Mexican potential counterparts, we will look like the country that is standing in the way of the means of enhancing trade with their economies. I believe that that is a mistake.
The hon. Member for Bury North (Mr Nuttall) tabled amendment 54 and referred to it earlier. As he knows, it would ensure that there could be no extension of the rights afforded to members of the EU by virtue of article 25 of the TFEU, which is related to article 20(2). I say to him that in the middle of the general election campaign earlier this year, as Europe Minister, I had to go to a meeting—I cannot remember whether it was in Brussels or Luxembourg—to agree to the paper on the founding of the European External Action Service that Baroness Ashton had brought forward as High Representative. Many member states were keen for the paper to contain specific provision for consular services, because as I said earlier, many of the smaller countries in the EU have no representation in many of the 190 or so countries in the world. They frequently use the consular services of other EU member states, and most of the larger member states, such as France, Germany, Italy, Spain and ourselves, are perfectly happy to extend the hand of friendship in that way. Sometimes it is paid for by the country concerned and sometimes it is not, but there is give and take between different member states, so we are perfectly happy for that arrangement to exist.
Mr Nuttall
Does the hon. Gentleman agree that such a give-and-take arrangement would be perfectly possible even without the existence of the EU? It would also be possible for countries outside the EU to make such an arrangement.
Chris Bryant
The hon. Gentleman is absolutely right, of course. I referred earlier to the fact that we have no representation in Laos. The Australians use our old embassy and residence—I am not sure whether they have bought them now—and provide consular support to Brits who get into trouble in Laos. Indeed, last year I had to visit Vientiane to try to sign a prisoner transfer agreement with Laos. We were eventually successful, and a couple of people have come back to the UK and are now serving their sentences in British jails.
The hon. Gentleman is absolutely right that we would not have to invent the EU for that, but there are different expectations of consular services in each member state. When we had the ash cloud during the general election campaign, British newspapers were just about the only ones in the world to campaign for the Government to intervene. They wanted the Government to bring British nationals back to the UK, but French newspapers, for example, thought that getting French nationals back was entirely the responsibility of the French people and their airlines, travel agents and insurers. As more people across the EU exercise their right to the freedom of travel within it, citizens’ expectation of their consular rights will change.
I remember talking to my German counterpart. He said that he expected to close possibly half of all German embassies and consular services around the world over the next five years. Other member states may well do the same. There might come a point when there is an enhanced desire for a shared EU consular service around the world, but I was keen in the negotiations with him to ensure that Britain did not sign up to something that had not gone through a full process of consultation in each member state.
I was also keen to say that the main actions of the EAS should be far more concerned with extending our influence with the Brazil, Russia, India and China economies, ensuring that we had a shared attitude to the middle east and Russia, and ensuring that we enhanced our action in the Balkans to protect our security, rather than with matters such as consular services, which could involve significant additional costs. Obviously, if the EU acts to introduce its own consular services, the danger is that a significant amount of the cost will be borne by the UK.
I think the Minister would be happy with the agreement that I eventually signed at that time. He is studiously ignoring me and not listening, but I think he, too, would have been happy to sign up to that agreement, notwithstanding the fact that the Conservatives did not originally want the EAS to come into existence because they were opposed to the Lisbon treaty—[Interruption.] I think the Minister is nodding—certainly with his eyes if not his whole head—but without being contradicted, I will assume that he would have been happy.
Under amendment 54 tabled by the hon. Member for Bury North, that agreement would have required a referendum, but that would have been a mistake. It was perfectly possible to achieve the outcome that the UK wanted—namely, that the EU should not be extended to provide consular services, except in the way that is already laid down in unanimously endorsed treaties—and consequently, amendment 54 would have limited the Government’s power to negotiate.
King Canute was trying to prove to his consiliare that he could not hold back the waters, but the Bill is like the King Canute of myth—the one who actually tried to hold back the waters. However, in seeking to create a bulwark, there is a danger that the Government have so limited Ministers in what they can give away that they will be unable to achieve anything on behalf of the British interest in other matters. In the long term, and indeed quite possibly in the short term, that will lead to significant dangers for us.
In particular, amendment 13 is misguided because it applies to the whole of enhanced co-operation, which would mean that Britain would never be able to sign up to an existing area of enhanced co-operation or initiate a new area of enhanced co-operation. Enhanced co-operation is an entirely voluntary process, so I cannot see how it could possibly be in the British interest to put such a dramatic brake on the power of the British Government to enhance their co-operation in a particular area.
Mr Cash
The hon. Gentleman refers to an amendment that I hope to address shortly. Part of my argument will be that that financial mechanism is unlawful. It was entered into by a former Chancellor of the Exchequer and endorsed by the coalition Government in circumstances that I shall describe. It is also still subject to scrutiny by the European Scrutiny Committee.
Chris Bryant
I look forward to hearing the hon. Gentleman’s arguments. However, I do not understand why it is okay to support Ireland without a referendum, but impossible to provide such support to another country without a referendum.
Stephen Gilbert
I am grateful for the old hon. Gentleman’s time and patience in giving way.
Is not a further problem that, in a time of crisis, quick action might be required, and a referendum lock could mean that the problem got a lot worse before action could be taken?
Chris Bryant
Indeed. Obviously, a referendum would also incur significant costs. The Government are trying to argue that holding the alternative vote referendum on any day other than 5 May this year would cost some £30 million. I presume that any referendum under the amendment would also cost some £30 million, and I think that that is inappropriate. The clause refers to “a common EU defence”, and although I do not want to hand over the setting up of a standing army to the European Union, I acknowledge that there is already a European army, because there are troops from member states acting in Kosovo—and they have done so in Bosnia—as well as Swiss troops under an EU banner. I am reluctant to say that a referendum would be needed on any aspect of a common defence policy, because that would be a mistake in our national security.
Mr Cash
The hon. Gentleman referred to the cost of a referendum, but my amendment provides that a referendum would be held on the mechanism if the decision involved £5 billion or more. That is a vast amount, and that is why it should not go off to Spain or Portugal. I shall explain why if I get the chance to speak.
Chris Bryant
I look forward to hearing the hon. Gentleman’s arguments.
My final point is that my anxiety about the drafting of this Bill, and in particular this clause and its attendant schedule, is that it is a lawyers’ paradise. There will be constant judicial review of decisions made by Ministers. For instance, in the case of the agreement on the External Action Service, the eventual format would have been agreed by a Minister from any political party in this House, but it could well be subject to judicial review under the amendment. It is also true of many other elements of the clause, and it means that Ministers’ actions at meetings in Europe will constantly be subject to judicial review. Rather than increasing the power of Parliament, that will actually increase the power of the judges in this country, which I consider to be a very big mistake.
Mr David
My hon. Friend makes an important point, but is he aware that the European Scrutiny Committee, when considering the issue of judicial review, concluded that the clause, which has been projected by the Government as an apparent safeguard, was an illusory protection, because, in its view, a decision on a referendum would be a political decision and therefore not subject to judicial review?
Chris Bryant
Indeed, I have read the Committee’s report. I thought it was interesting, not least because the Committee includes significant Eurosceptics on both sides of the House. Much as I admire and respect—and almost adore—the Minister for Europe, I fear that the Bill is a complete and utter chimera. It does not do what it seeks to do, it will not do what many hon. Members on the Government Back Benches hope it will do, and in the end, it will damage the country’s interests.
Neil Carmichael (Stroud) (Con)
It is a great honour to follow so many excellent speeches, including, obviously, those from the hon. Member for Rhondda (Chris Bryant), my hon. Friend the Member for Witham (Priti Patel) and especially—to be honest—the shadow Minister, the hon. Member for Wolverhampton North East (Emma Reynolds), the style and structure, if not always the content, of whose speech were particularly impressive. It was absolutely first class—except in content.
I want to talk first about the general purpose of the Bill to remind us what we are trying to do, which is to restore the trust between the electors and any Government over their relationship with the European Union. It is really important to restate that, because we can get so confused about the detail, as I have noticed during today’s and yesterday’s debates. It is a matter of restoring trust. The second important thing about the Bill is that it is all about ensuring we have clear decisions that can, and should, be made by a referendum where appropriate.
We are arguing not so much about the useful lists in the Bill, but about some of the areas that might require more clarification. My key point is that the Bill addresses the transfer of power and competence: it is neither a retrospective measure on things we might not necessarily agree with nor an opportunity to tear up things already in place. We have to understand that and the Bill’s limitations. Of course, its value lies in the fact that it ensures that, from now on, we as a country will have a clear capacity to decide whether we want powers and competences transferred. We have to get that clearly understood during these discussions.
Chris Bryant
I think the hon. Gentleman is disagreeing with himself. If he supports amendment 13, he surely cannot support amendment 100, and vice versa. It is a matter of quid pro quo, or perhaps quid pro euro.
Neil Carmichael
I am sorry if I did not make myself clear enough: I do not support either amendment.
Chris Bryant
But amendment 100 removes some elements from the Bill, while amendment 13 includes some, so it must be either A or B.
Neil Carmichael
My position is that neither of them needs to be supported. I believe that the present situation is perfectly acceptable, and we need to concentrate on the question of power and competence.
The European financial stabilisation mechanisms are also very important. The critical point is that we are not in the euro, and that ECOFIN makes the decisions through the qualified majority voting procedure, so any attempt to make changes in that regard would not necessarily have the desired effect. We have no plans to join the euro. Amendment 8 would be necessary only if we decided to join it, which we certainly do not intend to do. I might add that this legislation will make it a necessity, for the first time, to have a referendum before we are able to join the euro. That is really useful.
Neil Carmichael
But it has got something to do with ECOFIN and with our interest in ensuring that the euro remains strong, because we must remember that 50% of our trade is with the euro area. That is not to say that we should join the euro; we should not. I am simply reflecting our economic position.
Chris Bryant
I agree with the hon. Gentleman’s last point about ensuring that the euro is strong; otherwise, there could be enormous impacts on the UK economy, not least because we are, in many regards, the banker for the rest of Europe. However, I think he is wrong to say that clause 6 means that a future Government could not join the euro without holding a referendum. All that a future Government would have to do would be to pass an Act of Parliament saying that, notwithstanding the provisions in this Bill, we were none the less going to join the euro.
Neil Carmichael
I anticipated that point, which is why I made so much effort in response to the interventions by the hon. Member for Ilford South (Mike Gapes). I just do not believe that any Government would repeal this legislation, because it would be suicidal to do so. I am therefore absolutely confident that the provisions in the Bill will be implemented, because no Government would ever decide to go against public opinion so flagrantly. That would be tantamount to postponing a general election for years and years. It would simply not be an acceptable step.
I come now to amendment 81, tabled by my hon. Friend the Member for Witham (Priti Patel). The first thing to say about the common fisheries policy is that it does not really work very well. We want to find ways to protect fish and fishermen, but the CFP is not an effective tool. Let me say a few words about it. The CFP was introduced to this country in the early ’80s after the 10-year moratorium agreed and negotiated under the original Act of Parliament that brought Britain into the European Union in the first place. It was the late Lord Walker who, as the Minister for Agriculture, Fisheries and Food negotiated it in the early 1980s. Our Margaret Thatcher, the Prime Minister of the day, pointed out, as I saw on a memorandum released under the 30-year rule, that “these are our fish” and so forth. There was a lively debate about how the CFP was constructed.
We cannot be retrospective about this issue, however. What we must do instead is make sure that an empowered British Government demand the reform of the CFP. Having a referendum on it now will not be effective. A ruthless approach to reforming the CFP so that it reflects the interests of Britain, the interests of fishermen and, indeed, the interests of fish is the most urgent and necessary requirement. I do not think that amendment 81 is particularly helpful, although I recognise and understand that all the amendments I have mentioned are in this grey area, where some clarification is required.
The Bill helps us in many ways; so, too, do the explanatory notes. We should rely on the list set out in schedule 1 and on the details of clause 6, as these provisions set out the substantive issues that we need to debate—and the British public will expect us to vote on them, as these are the areas that have been neglected in the past, as a result of which we have lost the trust of British people.
In summary, it is critical to remember that the Bill is about having referendums on the transfer of power and competence. It is not about tinkering with policy, which is the job of Ministers in the various Councils in the European Union. It is the job of this Parliament to secure and protect the capacity of the British people to be able to say no to a transfer of power from Britain to Europe. I believe that that is an acceptable position, and it is the right one for us to support. It is, I think, captured very well in the Bill.
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George Eustice
I am grateful to my hon. Friend for raising that issue, and I completely agree with him. I know that some on the Government Benches are concerned that the Bill does not go far enough and that there may be ways for future Governments to circumvent its provisions. However, as someone who has been a staunch Eurosceptic for 13 years, I have to say that we have waited a long time for such legislation. I believe that the Bill offers an incredibly strong lock, which will apply to any transfers of power. Indeed, clause 4 gives a list of no fewer than 13 circumstances in which a referendum would automatically be triggered. It is important that people recognise that and, on this side of the Committee, realise that the glass is not half-empty; rather, in my view, it is almost full to the brim. Of course there are areas where one might say the Bill could be improved, but it is fundamentally an incredibly good Bill that we should be getting behind.
Chris Bryant (Rhondda) (Lab)
I think that the Bill is a load of hogwash but, be that as it may, does the hon. Gentleman think that if Turkey is to accede to the European Union—in which case there would have to be an accession treaty, which would have to go through its processes in the UK—there should be a referendum in Britain?
George Eustice
No, I personally do not agree with that, and there is a good reason why. What the Bill should aim to do is prevent the handing over of power from this country to the European Union. I want sovereignty for this Parliament; I do not want this Parliament to interfere in the decisions of other countries. However, once we start saying that we should have a veto on the accession of countries such as Turkey, we start to get into that territory.
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Mr Lidington
The advice that I have received to date is that there is no evidence that extreme groups that are linked to or similar to al-Qaeda have played a significant part in the uprising inside Tunisia. Nevertheless, my hon. Friend is right to say that we need to be on our guard against the spread of extremism and terrorism throughout the entire Maghreb. That is yet another reason why we should support reforms, ensuring enduring political stability in those countries in the future and that people in those countries do not believe they should turn to terrorism because they have no other way of seeking to change the society in which they live.
Chris Bryant (Rhondda) (Lab)
The Minister will know that for the past 10 years leaders at EU Council meetings have banged on and on about the Maghreb but done absolutely nothing to make sure that there is economic stability and democratic advance in any of those countries. Will he go back to the next Foreign Affairs Council of the EU and say that it is time that we met our commitments from 10 years ago in relation to some of those countries? Otherwise, the future will be no better than the past few weeks.
Mr Lidington
The hon. Gentleman is right to imply that the relationships with the Mediterranean governed by the Lisbon process and the Union for the Mediterranean have not delivered the positive results we all hoped for. My right hon. Friend the Foreign Secretary and I will certainly want to highlight, at the next Foreign Affairs Council, the need to learn lessons from this experience with Tunisia and the need for Europe to get its act together more effectively in terms of its relationships with our southern neighbours.
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Mr Cash
I am grateful to my hon. Friend, because as I mentioned earlier, under the Constitutional Reform Act, there is no displacement of the doctrine and, indeed, the constitutional principle that judges may be removed by an address of both Houses of Parliament. Furthermore, as my hon. Friend has mentioned the 17th century, the 1610 case of Dr Bonham continues to apply, up to and including the 2005 Act. Lord Chief Justice Coke asserted that the common law could usurp Acts of Parliament—I am paraphrasing, but he was specific—but he was dismissed by Parliament for making such assertions. My hon. Friend’s point is therefore well made, and was part of the constitutional settlement in the Act of Settlement 1701 and is still part of that settlement by virtue of the Constitutional Reform Act 2005.
Chris Bryant (Rhondda) (Lab)
Notwithstanding that, Coke was one of this country’s greatest Chief Justices. The hon. Gentleman appears to be arguing that we do not need to define parliamentary sovereignty, because it is a well-established and well-understood concept, yet he is clutching a book, which I assume is by Jeffrey Goldsworthy, who has written a lengthy, dense book on the subject. Indeed, he has written two books on it, including a recent one, so it is clearly not as simple as the hon. Gentleman would like to suggest.
Mr Cash
What is simple is that the concept of parliamentary sovereignty requires some explanation, and Jeffrey Goldsworthy does that. The question is not merely about parliamentary sovereignty; it is also about the manner in which the courts apply themselves to that doctrine. That is where the mischief lies and that is what my amendments would deal with.
I should like to respond to the Government’s reply, published only yesterday, to the European Scrutiny Committee. The Government say that they have never claimed that parliamentary sovereignty is under threat from EU law, but a problem remains for them. The evidence to the Committee was that that could well change in future, given current judicial trends; that is exactly what we were told.
The Government claim that disapplying EU law, an issue that has just been raised, would have unacceptable consequences—with infraction proceedings, and so on. But I make the point clearly that according to the evidence that we received, not only are several countries already in breach of EU law—France’s deportation of Roma immigrants, for example; no action was taken—but there is non-compliance on a massive scale. We know all about that, with the stability and growth pact.
There has also been the more recent failure to comply even with EU law itself in respect of the financial stability mechanism. Anybody with two brains to rub together would know that article 122 could not possibly justify—[Interruption.] Well, “Two Brains” could. No one could justify the use of article 122 for the purposes of that mechanism. If in the national interest, Parliament decides to do so, that is that. We obey EU law only in so far as it is a matter of statute and continues to be regarded as a matter of national interest.
As to the background of all this, my right hon. Friend the Prime Minister made several speeches before the general election that clearly demonstrated that we would no longer allow Britain’s laws to
“be decided by unaccountable judges.”
He said that their role was to interpret not to make law and that the sovereignty of Parliament needed to be safeguarded not only from the EU but from current trends in judicial thinking. We were promised last year:
“you can be assured that you have a Conservative prime minister who will act in the national interest. And putting your country first is about the most important Conservative value there is.”
The Prime Minister also said:
“The Conservative Party has always been a party that puts the national interest first.”
I absolutely and entirely agree. By the way, it was Disraeli who said that the Conservative party was a national party or it was nothing; I agree with that, too.
The tragedy is that the coalition and the Liberal Democrat influence in the formulation—and subsequent discussions, I suspect—of clause 18 and the Bill as a whole have gone a long way towards undermining the commitment to putting the national interest first. I fear that, far from working together in the national interest—and it is not just on this one clause—we are now witnessing policies that in relation to matters as important as the sovereignty of Parliament are actually working against the national interest.
That could be remedied very simply by dealing with the omissions, dangers, ambiguities and hazards that the clause throws up and by accepting my simple and modest amendments. My challenge is this: will hon. Members vote down an amendment that says:
“The sovereignty of the United Kingdom Parliament in relation to EU law is hereby reaffirmed”?
We all know that it is not possible to constrain the judiciary in relation to EU law except by using clear words. Those are lacking in clause 18, and I have substituted words that have the appropriate effect.
Kelvin Hopkins
I voted for devolution, so one could say that, but I leave it to the hon. Gentleman to pursue that point further. I would prefer to see us remain within the Union, perhaps with devolution, and I remain a Unionist in that sense.
Chris Bryant
I have been listening to my hon. Friend, and I have now caught up with where he was two paragraphs ago. He was arguing, as far as I could tell, for absolutely no wriggle room for judges—I think that that was his phrase. The danger of that is that it seems to sweep aside the whole history of English common law. Many of our laws have been developed by precedent in cases that have gone through courts where the judges have made an interpretation. Surely he is not really trying to sweep that aside.
Chris Bryant
I completely agree. My anxiety about the codification process is that it is dangerous of itself, because it invites the courts to make judgment on the matter.
The hon. Gentleman referred earlier to referendums on whether we should stay in the EU or leave it. Would he support an amendment calling for such a referendum?
Charlie Elphicke
If the hon. Gentleman is planning to table an amendment on an in-out referendum, I will consider it. That is a matter for the House to debate, but I am concerned that he is trying to tempt me to stray from the subject matter of this group of amendments, which is sovereignty.
I am concerned about paragraph 106 of the explanatory notes, which states that clause 18 places on a statutory footing
“the common law principle that EU law takes effect in the UK through the will of Parliament.”
As a lawyer, I know that that is not a common law principle, as I am sure most lawyers do. It is a constitutional principle. No one case decided that Parliament was sovereign. It is sovereign, and it cannot resile from that sovereignty.
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Mr Hague
That is a wider debate, and there is a legitimate argument for that. I hope that the Bill becomes part of the accepted constitutional framework of this country, for which, over time, it will have to receive widespread public support and the acceptance of parties from all parts of the House. The Opposition, as we have said, will have some time to think about it. Indeed, they might have a very long time before they return to government—I certainly hope so. I hope that the Bill becomes part of our permanent constitutional framework, but the argument for a written constitution ranges much wider than the scope of the Bill.
Chris Bryant
The right hon. Gentleman knows well that I have long opposed referendums on almost everything. I am not a fan of referendums; I believe in parliamentary democracy, but that is a different debate from today’s.
The hon. Member for Crawley (Henry Smith) makes a good point—that the Bill does not really introduce a referendum lock. It closes the door for a while, until such time as a Government of any colour, whether Conservative, Liberal Democrat—well, that is fairly unlikely—or Labour, choose, if they want to, to derogate from the Bill in any provisions that they introduce. Is that not the danger—that the Bill might just seem like no more than political posturing?
Mr Hague
As I go through the description of what the Bill entails, the hon. Gentleman will understand that it is a lot more than that. It means a great deal for what happens in this Parliament. It means that not only do we have our commitment not to transfer more powers from this country to the European Union, but that in a vast range of circumstances we would have to hold a referendum if we contemplated doing so.
It will be very difficult for future Governments to go back on those commitments, but we will see; that is something for the Labour party to contemplate. In future elections, it can choose whether to say that it will weaken democratic accountability in this country or whether to accept the changes for the long term. That is a choice it will have to face, and there is no sign in its reasoned amendment today that it is yet making that choice. However, it will have to make that choice, and the hon. Member for Rhondda (Chris Bryant) will have to make it.
Mr Hague
Yes, I have read the report, of course, and I note the concerns about the references to the common law in the explanatory notes. However, those references are meant simply as a contradistinction to statute, given that the principle of parliamentary sovereignty is defined nowhere in statute. They are not meant to be determinative of the origin of the principle, which is an issue that goes far beyond the scope of the Bill.
As I set out a few moments ago, under current law any proposal to amend the EU treaties using the ordinary revision procedure can be ratified by the United Kingdom only once parliamentary approval has been obtained by Act of Parliament. We have therefore made provision in the Bill for Parliament’s approval of the transitional protocol on MEPs. That will allow 18 MEPs from 12 member states, including one from the UK, to take up their seats without having to wait until the next scheduled elections in 2014. As that protocol does not transfer any power or competence from the UK to the EU, a referendum is clearly not required. As it is a treaty change, however, all member states are required to ratify it. The Bill also makes the necessary provisions to elect our new MEP, who will, based on the recommendation made by the Electoral Commission in its report last month, represent the West Midlands.
Chris Bryant
Is the Foreign Secretary satisfied that the process that the French and Italians are using to change their representation is sufficiently democratic?
Yvette Cooper
I know that the hon. Gentleman has immense expertise on the details of the legal changes, but he and I have a long history of disagreeing over what is important in a particular case, and I suspect that we will continue to do so.
Chris Bryant
Is not one of the problems with the Bill the fact that it makes the decision on whether to hold a referendum justiciable, and therefore a matter to be decided by the courts, when it is surely a political decision for which elected Members of Parliament ought to take the rap at the ballot box if they get it wrong?
Chris Bryant (Rhondda) (Lab)
It is a great delight to follow the hon. Member for Westmorland and Lonsdale (Tim Farron), who is a man of great integrity. I am sure that his integrity will see him through all the way to Thursday afternoon. He is absolutely right to say it is essential to British interests that we play a key role in the European Union, but the Bill will do nothing to assuage Euroscepticism; if anything, it is intended to enhance and inflame it. He said that the Bill is a coalition product as though that places some kind of trade mark on it. I look forward to the trade mark being planted on all coalition products, as it would automatically bring them into disrepute with most Conservative Members.
The hon. Gentleman referred to our having locked ourselves in the boot of a car with regard to Europe in recent years. It is very difficult to lock oneself in the boot of a car, but I think the Liberal Democrats feel a little as though they have managed to do that at the moment—or at least that they are being locked in the boot by the Deputy Prime Minister in relation to other Government measures.
I shall let the House into a very small secret: I am slightly pro-European. Indeed, I am almost ludicrously pro-European for the very strong reason that in my lifetime Europe has embraced countries that have lived under dictatorships in Spain, Portugal, Greece and across the whole eastern bloc. In those countries, there was no right to freedom of association or freedom of speech, the death penalty was used ubiquitously and there was political repression. In future, we will all recognise that one of the European Union’s greatest successes is the fact that in all those countries there has been an aspiration for political freedom largely because of the EU’s success.
Charlie Elphicke
I thought that the achievements in the countries the hon. Gentleman mentions were those of Margaret Thatcher, Great Britain and the United States.
Chris Bryant
I do not think Margaret Thatcher had anything to do with the advance of freedom in Spain, Portugal or Greece. Mrs Thatcher achieved many things—in the Rhondda we are certainly aware of, and resent, many of them—but the hon. Gentleman cannot claim that the advance of freedom was because of her, except that she was pro-European; in that regard, she did do something in the interests of the whole of Europe.
My problem with the Bill is that it does not do what it says on the tin. It is not an effective referendum lock, which was the promise. Two or three hon. Members have already made the point, in questioning the Foreign Secretary, that the House has perfect freedom to amend these measures in future, so if a Minister wanted to advance legislation implementing some change in the relationship between the United Kingdom and the EU, and if they thought it would offend against the measures in this Bill, they would have only to add a clause saying that the measures in this Bill did not apply. Of course they would have to take that change through both Houses, so there is an element of a brake, but the Bill is in no sense a substantial referendum lock.
Jacob Rees-Mogg (North East Somerset) (Con)
Is it not true of every piece of legislation that it can be repealed later? There is a political cost in repealing legislation that makes this a lock.
Chris Bryant
It is true that every piece of legislation can be repealed or sidestepped, and there may be a political cost in doing so. In a few weeks’ time, when a number of extra peers have been added, the Government will have a majority not only in this House but, uniquely since the second world war, in the other House as well, so there will be a further slowing down. The Bill provides not a lock but a brake—that is all. It does not do what hon. Members want, which is to draw a line regarding all further innovations in the relationship between the UK and the EU.
The Bill will not deal with the real problem. The right hon. Member for Wokingham (Mr Redwood) and my hon. Friend the Member for Vauxhall (Kate Hoey) are right that my views on the EU are those of a minority. I know that partly because my father sends me an e-mail every Sunday to remind me of that fact and also to remind me that he moved to Alderney primarily so that he does not have to abide by any EU laws. He also regurgitates vast quantities of things that I hear regularly from hon. Members. I think it is a great embarrassment to him that I was not only the Minister for Europe but the Labour Minister for Europe.
The problem in Europe with those whom others have referred to as the elite and with ordinary members of the public is that there are real difficulties in advancing the European cause because there is no single European demos or political opinion. The waves of views crash upon the electoral shores in different parts of the EU at different times and it is very rare for two meetings in a row of the General Affairs and External Relations Council to include the same set of Ministers. Consequently, it is a phenomenal triumph to achieve any European co-ordination.
Some of the EU’s founding principles—indeed, the economic ones—are very powerful, such as the right to freedom of movement and to work anywhere in the EU. In the UK, Labour brought in civil partnerships—I have benefited from those changes this year—and other EU countries have introduced other ways of recognising same-sex unions. Many of us believe there ought to be a system for recognising those unions in every other country in Europe; otherwise there will clearly be discrimination against people whose partnership cannot be recognised for the purposes of taxation, benefits and the right to freedom of movement around the EU. I do not want Europe to decide the law on marriage in any European country, but I do want it to be able to enforce the basic principle of freedom of movement, and that will require a shift so that civil partnerships in this country, or same-sex marriages in Spain, can be recognised in every other country. Otherwise, married same-sex Spanish couples who move to France will have to divorce and form a new civil partnership there. The seeds that have been sown in the underlying principles of the EU will not go away. The British people who live in Spain and demand that Europe should act on property rights in Spain are arguing for an extension of the EU’s powers although many of them are profoundly Eurosceptic.
I am not a fan of referendums, because I believe in representative democracy. I believe that we are elected to come here and that the sovereignty of Parliament is the important principle on which we should act.
Henry Smith
Was the hon. Gentleman in favour of the referendum on the Welsh Assembly?
Chris Bryant
I have not been in favour of referendums at all and I have made this argument for many years. I was opposed to the suggestion that there should be one on the constitutional treaty and I said so in the House, for which The Sun and various other newspapers condemned me extensively. On the whole, I am not in favour of referendums, but there are times when the political class decides to navigate around Parliament and find some other means of implementing things. I think we were right to insist, after the second world war when we effectively rewrote the German constitution, that Germany should not be able to hold plebiscites because unfortunate circumstances can sometimes arise.
I am not a fan of referendums. Particularly in relation to treaty-making, they are unfortunate because they make it far more difficult for a Government to have the freedom to negotiate that they need. Of course there must be proper parliamentary scrutiny of that process. Notwithstanding the splendid work of the hon. Member for Stone (Mr Cash), I think the House still does European scrutiny very poorly because far too few Members want to take an active, engaged role in that process, much of which comes not from the Foreign Office but from every other Department of Government. It does not give a Government a strong hand to insist that there will regularly be referendums.
I believe the Government want to be able to repatriate some powers from the European Union to the United Kingdom. The process outlined in the Bill makes it almost impossible for them to be able to do so in the next five years. Other Governments will say, “You’ve already said you’re not going to have any treaties because you reckon that you won’t get a yes vote for any referendum.” That is why the Bill binds the hands of the Government.
On clause 18, the sovereignty clause, the European Scrutiny Committee has done a good job. It is right that, as the Committee points out, the clause adds nothing to the present situation. Lord Justice Laws, in the Thoburn case in 2002, was right when he said that
“there is nothing in the ECA”—
the European Communities Act—
“which allows the Court of Justice, or any other institutions of the EU, to touch or qualify the conditions of Parliament’s legislative supremacy in the United Kingdom. Not because the legislature chose not to allow it; because by our law it could not allow it. That being so, the legislative and judicial institutions of the EU cannot intrude upon those conditions. The British Parliament has not the authority to authorise any such thing. Being sovereign, it cannot abandon its sovereignty.”
Lord Justice Laws was absolutely right. That is why the clause is dangerous. It applies only to European law, but large numbers of the elements that affect our relationship with the EU are laws that come from other parts of Government. That is why in his evidence Professor Tomkins was right to urge the House of Commons not to proceed in this way in the Bill.
The whole Bill is, in the words of Shakespeare, “zed”, an “unnecessary letter”. It misses the need that exists out there to engage positively with Europe.
Mr Lidington
No, I want to deal with the objections and criticisms that have been made to and of the referendum lock. Serious questions have been asked on both sides during the debate and I want to respond to them. One set of objections came from the hon. Member for Rhondda (Chris Bryant), who made it clear that he objected to all referendums as a matter of principle—
Mr Lidington
He is now saying that he does not, and I am happy to hear him qualify his earlier remarks. The problem with such an argument is that it ignores two things. First, it underestimates the depth of the mistrust and disaffection that people in this country now feel towards the way in which powers have been transferred from the United Kingdom to the European Union without the people ever being asked for their agreement. It ill becomes the Labour party in particular to offer criticism on this score when the prime reason for such disaffection over the last few years has been that party’s refusal, when in government and with a majority in this House, to agree to the people having a referendum, which had been promised at the general election. This was a promise on which Labour was happy to renege when it came into office.
The argument against referendums on principle ignores the fact that the practice has grown up in the last 13 years of holding referendums on major constitutional changes. We have had them in Scotland, Wales, Northern Ireland, Greater London and even in the north-east of England, and I think that people now have a reasonable expectation that they will be invited to have their say if their basic constitutional rights are being affected by legislation proposed by Ministers.
Oral Answers to Questions
Chris Bryant Excerpts(14 years, 2 months ago)
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Mr Lidington
The legislation will be drafted to make clear those aspects of the European Union treaties on which the Government would expect to require a referendum were there to be a proposal for change. It will, of course, be possible for people to use judicial review if they wish to challenge a Minister’s decision. I think that is likely only in cases where a Minister were for some extraordinary reason—no Minister in the current Government would do this—to wish to deny the people the right to have their say.
Chris Bryant (Rhondda) (Lab)
The Minister seemed to get his ratchets in a bit of a twist in his written ministerial statement yesterday. First he said that all ratchet clauses would be subject to primary legislation, then that major ratchet clauses would be subject to a referendum, and then, towards the end of his written ministerial statement, he confessed that there is no agreed definition of what a ratchet clause is at all, so his legislation is a pile of nonsense really. Does he not accept that the real danger here is that, effectively, what he is doing is asking the courts to decide when there will be a referendum or when there has to be primary legislation, because they will be deciding what is a ratchet clause? Some of us would like the Government to opt in rather more frequently, not least to the directive on human trafficking.
Mr Lidington
When the hon. Gentleman sees the Bill, I think he will find that we have very clearly defined those articles of the treaties where a referendum would be required and those where primary legislation would be required. I only wish that the Minister had it in him to welcome the fact—[Hon. Members: “Minister?”] Old habits die hard, I am afraid. I wish the hon. Gentleman would have the grace to recognise that whereas in the Government in which he served decisions to cede powers to the European Union took place on the sofa in No. 10 Downing street, we are ensuring that under this Government it is the British people who will have the final say before any further powers are transferred to Brussels. It will be up to the people, and I wish the hon. Gentleman had as much confidence in democracy and the will of the people as we on this side of the House have.
European External Action Service
Chris Bryant Excerpts(14 years, 4 months ago)
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Chris Bryant (Rhondda) (Lab)
It is a great delight to follow the Minister for Europe and to be able to welcome the conversion of Aylesbury. I had not realised that Brussels was on the road from Aylesbury to Damascus, but clearly it is. There is more rejoicing in heaven when one sinner repenteth and joineth the pro-European cause than when the 99 stay over there. It is a delight to know that he has hidden his pro-European light under such a nasty bushel for such a long time. I was obviously tempted to think of ways of uniting with his Eurosceptic Back Benchers and finding a way of voting against the motion, but as half the papers have my name all over them and were negotiated by me, it would be a bit opportunistic, even for me, so the Opposition decided against that.
The Minister has a very fine Europe team in the Foreign Office to support him, and I would like briefly to pay tribute in particular to Kim Darroch, the UK’s permanent representative in Brussels, who does an extremely fine job. The Minister also has fine support in his private office among those who work with him on European matters, so I am sure that he will do a very fine job. I think he suggested that Cathy Ashton had abandoned glamour, but I would gently say to him that that is a foul calumny on a very fine woman. However, I am glad that he is very supportive of the work that she is doing.
Chris Bryant
I think that the Minister said glitz and glamour. Perhaps Cathy will defend herself.
The important point is that we have before us a slightly difficult process. I fully understand why it has been difficult for the Government to bring things before a European Scrutiny Committee, though I gently say that it would have been better to have had a European Scrutiny Committee in place by now. I gather that we will have a splendid cream-suited Chair, in the shape of the hon. Member for Stone (Mr Cash), but it would be good if we had a full Committee and if that were able to get on with its work as fast as possible. As the Minister will know, I was taking this business through the House at a difficult time in the run-up to the general election, and I tried as far as possible to keep the two Committees in the Lords and in the Commons informed about the process of the discussions that were going on at every stage. But the fact that we have now had several months without a European Scrutiny Committee does not enable this House to do the business of scrutinising these and many other decisions better.
I would just ask the Minister briefly, on the matter of the intergovernmental conference, which was not announced to the House and which was held in the margins of another meeting and agreed to by the Prime Minister without any announcement to the House, if he could at some point provide us with the minutes of that conference. They have not yet been available anywhere, either on EUROPA or in the Library of the House.
Chris Bryant
I shall be voting on the substance of the matter, which I wholeheartedly support and, I have to say—this will come as a great disappointment to the hon. Gentleman—in words almost identical to those used by the Minister. No, I do not think it is a good reason to seek to divide the House, but if the hon. Gentleman wishes to, obviously he is free so to do.
The reason we support the European External Action Service, and have for some time now, is that we believe that we are moving, as the Foreign Secretary himself said earlier this year in a speech, into a much more multilateral world, where we cannot just accept that there will be two great powers—the United States of America and China. We have to make sure that our power, both exercised independently ourselves and through the European Union, is used to its best effect. We know that in relation to the emerging economies of China, Russia, India, Mexico and Brazil, it is all the more important that Europe takes a united stance if we are to achieve effective outcomes.
We also know that the EU’s previous foreign relations structure has been grossly inefficient, thus an individual country has a desk officer for the European Council and a desk officer for the European Commission, and, on top of that, two different departments within the Commission might have desk officers. That is clearly a duplication—not the one to which hon. Members referred earlier, but one that we want to see done away with; and that is why we support the EAS.
Chris Bryant
Of course I give way to the honourable former Member of the European Parliament.
Chris Heaton-Harris
Should the EAS come into effect, how hopeful is the hon. Gentleman that, given the duplication that he just outlined, and not the duplication to which others referred, the Commission will actually shed staff?
Chris Bryant
The Commission does not have any choice, because the staff will be automatically moved into the EAS. The same applies to the Council. If each country approves the measure, through their parliamentary processes, the move will happen automatically, so I have confidence in the Commission. There are many areas where I do not have confidence in the Commission shedding staff, and where the hon. Gentleman is right to say that sometimes we have to ensure that it does not encroach on the powers of member states, but this is not one of them.
When I was Europe Minister, I tried to fight for some important principles. First, it was important to make it absolutely clear that the head of each delegation had full power over the whole delegation, because otherwise, in any individual deputation in any country throughout the world, different elements might compete against each other. Although Europe might have spoken with one voice, because it had established a single mandate, the individual delegation in that country might not. I am glad that we won that argument.
I am glad, too, that we won the argument to bring the politico-military structures, the civilian planning conduct and capability element, the crisis management and planning directorate and the EU military staff inside the EAS, because it would simply have been to duplicate and make the system more complex if we had left them outside.
I shall not take up much time, because I want to ensure that there is more opportunity for other Members to participate, but I must note two areas where, to be honest, I felt that I had to handbag the High Representative. Indeed, there were sharp words at April’s General Affairs and External Relations Council. First, I do not believe that the EAS should set up consular services for every country in the European Union, and I was determined to ensure that the text that came out of April’s Council made that absolutely and abundantly clear. I confess that the text that we ended up with—I am sure that all hon. Members will have read it—is slightly complex. Indeed, article 5(10) states that the Union delegation shall, acting in accordance with article 35 third sub-paragraph of the TEU, and upon request of member states, support the member states in their diplomatic relations and in their role of providing consular protection to union citizens in third countries on a resource-neutral basis.
Two elements of that are vital, but they sound misguided. First, “on a resource-neutral basis”, means that no additional money should go into the EAS to provide consular services on behalf of other countries. Secondly, the reference to article 35 of the Maastricht Treaty on European Union, as I am sure the Minister knows, means that the circumstances in which the EAS can provide consular services are very closely constrained. The Maastricht treaty—under the provisions that John Major introduced, incidentally—makes it clear that where an individual citizen of any EU member state is in a third country and their member state has no representation, other member states can provide support. That happens fairly regularly. In countries where Britain has no representation, sometimes a British citizen will be supported by other EU members. It is also true that the services of other countries are provided to us. For instance, in Laos, where we have no representation, the Australians provide consular protection.
In our discussions leading up to April’s Council meeting, I thought it very important to ensure that countries such as Estonia and Latvia, which would dearly love the EU to provide consular services and remove the power of member states to provide them throughout the world, should not see the measure as a great cash cow. While many in the room argued forcefully that we should be moving towards European consular services, I said that we would use the British veto if that proposal came forward. That is why we have the document that is now before us.
The next issue is budget neutrality. As I said, there has been considerable duplication in the system in the years thus far, whereby there are desk officers for the same country from different elements of the structure of the European Union, and that has been counter-productive. I am confident, with Cathy at the helm, that there will be a strong insistence on ensuring that those duplications do not survive, and that there is therefore no reason why the EAS should cost us more in the long term.
I note the Minister’s optimism when he says that in the short term this will cost us only £1.1 million more.
Mr Lidington
I am sorry—the hon. Gentleman misheard me. I said that there would be about £1.1 million, not £1.1 billion, of additional costs for the United Kingdom.
Chris Bryant
I am sorry, but the Minister misheard me, because I said “million” as well. It is great to be able to be entirely of one mind.
However, my anxiety is more about the Minister’s optimism than his numeracy. Pressures will inevitably come from other member states, many of which are going through the same process of retrenchment in their budgets and will find that that directly affects their foreign offices. When I was in the post that he now holds, I spoke to three of my counterparts, who talked about 50% or 60% cuts in their foreign offices. In many of those countries, there may well be a political pressure towards the European Union carrying out more of their foreign services, and he will rightly want to be very cautious about that. Throughout the whole process of the treaty going through and the setting up of the EAS, it was our clear intention that we, Britain, should be able to fight our corner, but we also wanted the whole European Union in our corner. I very much hope that that is what this measure will achieve.
My final point relates to British staff in the EAS. Like the Minister, I hope that many diplomats in the Foreign and Commonwealth Office will want to work there. He said that many more suddenly want to go and work there; I do not know whether that is because they do not like working with him or because they are fearful of what is going to happen in the FCO. On a serious note, one of the complexities in trying to get British staff to work in any of the institutions of the European Union is that they often cannot see a path back. It is not only a question of whether British people speak foreign languages, but of whether they can see a career that takes them to Brussels and brings them back thereafter. I hope that at some point the Minister will be able to enlighten the House further on those matters.
I wholeheartedly support the motion in the name of the Minister and congratulate on him on his volte-face.
Richard Ottaway (Croydon South) (Con)
Like other Conservative Members, I am sceptical about the Lisbon treaty, but we are where are. We have the European External Action Service, and it is in Britain’s interest that it at least works.
The Select Committee on Foreign Affairs has taken a close interest in the EAS, and I welcome this debate. It hardly helps that the negotiations have been taking place in Brussels when we have not had a European Scrutiny Committee. However, the Foreign Affairs Committee is grateful that the Government and their predecessors have co-operated with it in providing the information that it needed and, in that spirit, I hope that they continue to do so.
We are able to consider today’s documents in advance of the Council formally giving its approval only because High Representative Ashton has spent the past three months negotiating with the European Parliament. I have to confess that having had a look at the documents, I am sceptical about whether the changes secured by the European Parliament amount to any major alteration to the likely functioning of the EAS. The Parliament largely won confirmation on a number of points that were either implied or explicitly set out in the Lisbon treaty or in the Swedish presidency report on the EAS adopted by the European Council last October. I note that the explanatory memorandum to the revised draft Council decision states that it “respects the essentials” of the proposals on which the Council reached political agreement in April. Under the circumstances, I congratulate the Government on resisting a number of demands regarding the EAS that would have been very unhelpful from a British point of view.
Chris Bryant
Actually, some of the most significant changes happened some time before. In particular, the battle relating to consular services was held between October and April.
Richard Ottaway
That is my point, and I do not believe that the subsequent demands have changed things at all.
The negotiations of the past few months have highlighted the continued existence of widely diverging views about how the EU should make external policy, and the scale of the change of mindset that will be required in some quarters to focus on the generation of a more seamless external policy for the Union. Whether or not one believes that the EAS is workable or necessary in the first place, the manner in which it has been achieved hardly gives rise to optimism that there can be effective implementation of EU policy.
My hon. Friends have set out emotive views about the EU, and on behalf of the FAC I shall simply concentrate on the nuts and bolts of the system and pose a few questions to the Minister. The assessment of the deal between the Council and the European Parliament, which is now before us, may depend very much on the legal status of the additional declarations and statements that Baroness Ashton has now agreed to make. The explanatory memorandum refers to those as “accompanying” the decision and as
“forming part of the overall political agreement”.
I would be grateful if the Minister could clarify the legal status of those documents and the degree to which they are relied on.
I would welcome reassurance from the Minister that the deal now before us does not give the Commission or the European Parliament any greater power over the budget for the common foreign and security policy. With the abandonment of the Western European Union by the previous Government, there is now a bit of a lacuna in that area of oversight.
The hon. Member for Linlithgow and East Falkirk (Michael Connarty) raised the way in which the High Representative delegates her responsibilities. The Lisbon treaty did not create a wholly new, specially fashioned position but was intended to encourage greater coherence in the EU’s external policies simply by giving three different jobs to the same person. That raises the question of who is to deputise for the High Representative when she cannot be in several places at once. The Minister responded to that point, but some further clarification would be welcome. How is that done? Where is the procedure set out and what is the authority for it? Who is the Foreign Minister of Hungary speaking for? I know that he is speaking for the High Representative, but where does he get his brief and to whom does he report?
The new EU delegations to third countries and international organisations are to be upgraded from the existing European Commission delegations. The increased role of those delegations seems to me potentially one of the most significant changes resulting from the Lisbon treaty, both for the EU and for national foreign ministries. Does the Foreign Office see any need to issue specific guidance to UK posts about how they should work with the new EU delegations, particularly as regards the sharing of information and intelligence?
Mr Dodds
I have heard that theory, and no doubt the hon. Gentleman heard some of his hon. Friends debunk it at the time. Of course it is possible for the United Kingdom to decide that it no longer wishes to be part of the consequences of the ratification of the Lisbon treaty—that option is open to the House, Parliament and the British people. If what he says means that for ever and a day we have given up the right to decide matters such as membership of the European Union, what treaties we are signed up to and what institutions we belong to, it is a sad day for democracy in the House. The British people who supported the Conservative leader when he offered a cast-iron guarantee on a referendum did not expect that that promise and pledge would be ditched so quickly and so comprehensively.
I venture to say that that is one reason why there is a disconnect between the British public at large and their Parliament. The people do not trust politicians—such trust is essential—because the promises that they hear politicians make are cast aside when it suits the politicians, not when it suits them. People expect promises to be honoured. They overwhelmingly believe that we should not have signed up to the Lisbon treaty and that a European diplomatic corps should not be created, and they expect their views to be heard. Unfortunately, there is a cosy consensus between the Front Benchers of both major parties, and indeed the Liberal Democrats, so people will be denied their say and a referendum.
Chris Bryant
I hate to leap to the defence of the Conservative Government, but it would surely not affect the rest of the European Union if Britain voted against the Lisbon treaty in a referendum, because the EU would continue to operate under the treaty. In all honesty, the only referendum one could now have is on whether to leave or stay in the EU.
Mr Dodds
No doubt some hon. Members think that that is a pretty good idea. The hon. Gentleman speaks of referendums, but he knows full well that he and the previous Government pledged a referendum on the European constitution to the British people. There is talk of the Minister making a volte-face, but the decision not to grant that referendum was the biggest volte-face in recent history. Of course, a distinction between the Lisbon treaty and the original proposal for a European constitution was made, but much of it was spurious.
The fact that we are today debating the creation of the European diplomatic service, with all that that entails, proves the point that many of us made about the Lisbon treaty, which is that the treaty is yet another significant development in the creation of a European superstate—the Minister alluded to that and to the reasons why he and his colleagues opposed the measure at the time. He may argue that the High Representative is unable to advance a position in the absence of a common position adopted by the Council of Ministers, but that means that on many critical issues around the world the High Representative and that vast diplomatic superstructure will be sitting on their hands.