European Union Bill

Chris Heaton-Harris Excerpts

Tuesday 25th January 2011 Commons Chamber

[Mr MacShane]

I was concluding my remarks until various Members got up to intervene.

My conclusion is simply this. There may come a time—not now, I accept—when a majority in this House and a duly elected Government feel that they want to take the lead to alter a European Union treaty—to propose a new one or make amendments to an existing one. They will then find that they are being held back by the tone, if not the strict legal content, of this Bill. This is coming dangerously close to what an Under-Secretary at the Foreign Office, Mr Henry Hopkinson, said about Cyprus in 1956—that it would “never” be free.

I genuinely worry about the signal we are sending to our EU partners at a time when we all, quite irrespective of our party political positions, need more co-operation and more enforcement in Europe, whether it be on Tunisia, on growth policies or on finding solutions to the problem in Ireland, where, as the Prime Minister rightly pointed out, we export three and a half times more British goods than we do to China. I worry greatly that this Bill, and particularly the new clause on the need for effective prosecution of criminality in Europe, will send out precisely the opposite signals. Our nation might well suffer, not tonight or in the next few weeks or months, but in the future, as a result of this deeply isolationist proposal.

[Chris Heaton-Harris (Daventry) (Con)]

The last time I spoke after the right hon. Member for Rotherham (Mr MacShane), I was slightly unkind to him. Even though he has given me lots of material to do the same again, I will not. I was a Member of the European Parliament when he was the Minister for Europe and we would have had many disagreements, but I would like to think that we could at least agree to disagree in a friendly manner. The right hon. Gentleman was definitely treading on thin ice when he spoke about Robinson Crusoe being cut adrift, but it is all welcome for the purposes of debate.

I wish to make a point about the European public prosecutor, which I am against, and it is one of the reasons why I tabled the amendments. When I was an MEP, there was a great Scottish National party MEP, Sir Neil MacCormick. In the first debate that ever took place on this subject, he reminded me that having a European public prosecutor would mean changing the way we do criminal law in this country—moving away from habeas corpus towards a more Napoleonic code. Perhaps that is worth reflecting on in this place and giving the British people a chance to have a say on it. I very much welcome Government amendments 57 and 58, and I am pretty sure that the great Sir Neil MacCormick would have done so.

I tried to explain to my constituents at the last general election that I had a bit of experience of European matters and that, given the opportunity, I would try to use that experience in this place. I also explained how the Conservative party would try to stop any future power grab by the European Union, as set out in its manifesto. When this is coupled with my membership of the European Scrutiny Committee, I hope that my constituents in Daventry will forgive me for continually talking in the Committee stages of this Bill. It is a very important Bill which contains a great deal of merit.

My amendments 36 to 38 would simply require approval by an Act of Parliament and a referendum before a United Kingdom Minister can give final agreement in the Council to a proposed justice and home affairs ratchet decision when the UK has already opted into the proposal for that decision. Such proposals are subject to unanimity in the Council.

Amendment 40 requires a decision under the amending treaty, a decision under article 48(6) of the Treaty on European Union or a 48(7) ratchet decision that abolishes the veto of EU proposals on family law to be approved in a referendum. Family law matters can fall under EU competence, and the veto could be abolished by an article 81(3) ratchet clause. I know that that is highly unlikely, and I know that the EU’s ability to become involved in family law has existed for a long time—since long before the Lisbon treaty—but I think that Members on both sides of the Committee can agree among themselves and with our European partners on matters such as the mutual recognition and enforcement between member states of judgments and decisions in extra-judicial cases.

However, genuine concern is felt by many people, and I am definitely one of them. In December 2005, the European Commission tried to make a case for applying the pre-Lisbon ratchet clause to qualified majority voting in EU proposals concerning maintenance obligations, which are obviously a family law matter. It was knocked back in the Council at that point, but anyone who listens to or reads debates in the European Parliament—as I now do—and anyone who reads statements from European Commissioners will understand that a bit of pressure is beginning to be applied. I should appreciate an assurance from the Minister that he is aware of that pressure and will continue to keep an eye on any challenges that may be forthcoming. I do not intend to press the amendment to a vote.

[Mr Clappison]

Amendment 40 is very important, and my hon. Friend is making a very good speech which is clarifying matters. I understand from what he is saying that family law matters are currently subject to unanimity rather than qualified majority voting, and that he is concerned about what is being proposed. He will know that the Commission has a long history of moving from unanimity to qualified majority voting, and seeks to do it on many occasions. Can he confirm that, as this is within the framework of the treaty on the functioning of the European Union, the European Court of Justice will have jurisdiction over the family law matters to which he is referring?

[Chris Heaton-Harris]

I believe that that is the case, although the Minister for Europe may correct me, as he is much better qualified to answer my hon. Friend’s question.

My main amendments are concerned with problems that I have identified in the justice and home affairs ratchet clauses or opt-ins. We saw an example here not long ago. Just after the general election, the United Kingdom had to decide whether to opt in to the European investigation order. Many Members considered the way in which the legislation was scrutinised and enacted to be unsatisfactory. Along with others, I tabled an urgent question with the aim of establishing whether we were going to opt in.

I think that there is a better way of scrutinising important justice and home affairs matters. I appreciate that in that instance the general election and various recesses caused a problem, but nevertheless I am sure that this place can do a great deal better when it comes to scrutiny, and I believe that the Government can do a great deal better when it comes to enactment. I therefore very much welcome last week’s written ministerial statement. Someone like me could pick a few holes in it—on dates and who has the first say, for example—but it is a massive step forward and I thank the Minister for it. I also welcome, as I said, the Government amendments in this area.

The Government have already opted in to the negotiations on the European investigation order, which allowed European police forces to insist that the British police put citizens in the UK under surveillance and grant access to their DNA. I suggest that that is quite a big deal to the United Kingdom. The way in which the EIO was put before the House—eventually, in an oral statement in July—was most unsatisfactory. The intention behind my amendments is to ensure parliamentary scrutiny of such matters.

[Mr Cash]

The investigation order has not yet been debated in the European Committee, as far as I am aware, so we should bear it in mind that although the Minister made a statement—on 15 June, I think—it is none the less still subject to scrutiny.

[Chris Heaton-Harris]

I thank the Chairman of the European Scrutiny Committee for correcting me. He knows that I am often wrong, so he corrects me quite regularly. I appreciate the help and assistance that he gives me, as a new Member in this place.

In the simplest terms, on the JHA ratchets, the Government have wisely looked at article 86 of the TFEU and have closed down in the Bill many of the policy areas that could be taken up to European level. Article 86 deals with the European public prosecutor, as I think the hon. Member for Wolverhampton North East (Emma Reynolds) alluded to earlier. However, it does not pay attention in the same way to the justice and home affairs criminal law ratchets, because those are contained in article 83. Is there a reason for that? Essentially, I am seeking from the Minister an idea of how we will deal in this place with matters similar to the European investigation order when the Bill is enacted.

The criminal ratchet clauses are often very important, but some, while important in themselves, would not be as important to the British people on the whole. It would be a very daring move for anybody—a Eurosceptic, a pro-European, or any Minister—to recommend such matters for a referendum. I am quite happy to think that we could deal with this by putting before both Houses of Parliament a motion or Bill that could be amended to include a referendum clause, should the need arise. However, we can do justice and home affairs scrutiny a lot better. Although the written ministerial statement goes some way in that regard, could the Minister give us some real-life examples to explain how such matters will be dealt with in future?

I do not want to detain the Committee further. I have explained the reasons for my amendments on family law—I will not be pressing those to a vote—and on the JHA ratchets, which I hope I will not need to press to a vote. All parties should be able to agree in general terms to better parliamentary scrutiny of justice and home affairs opt-ins—or, indeed, opt-outs. This is the right place for that to be done, and I look forward to the Minister’s comments.

[Emma Reynolds]

It is a pleasure to serve under your chairmanship as I make my first speech on the European Union Bill, Ms Primarolo. It is also a great pleasure to follow the hon. Member for Daventry (Chris Heaton-Harris). He and I have something in common, because I, too, worked in the European Parliament for a number of years. He was an MEP for a decade and I congratulate him on his speech today.

--- Later in debate ---

[Emma Reynolds]

I was simply pointing out inconsistencies and contradictions in the Bill.

[Chris Heaton-Harris]

I thank the hon. Lady for being so kind to me and I congratulate her on her first contribution from the Front Bench; she is doing a sterling job. I very much appreciate the tone in which she is delivering her words. Given the welcome for last week’s written ministerial statement, I wonder whether there is a chance, bizarrely, for some collaborative work to break out across the divide on how we should deal with justice and home affairs opt-ins and opt-outs. Perhaps we could all, together with our Lib Dem colleagues, come to a better arrangement for the future.

[Emma Reynolds]

I certainly agree with the hon. Gentleman, who makes the point well. There are elements of agreement regarding last week’s written ministerial statement with which we can work. The Opposition favour any greater parliamentary scrutiny of the opt-in decisions that the Government make in this area. So, yes, there is quite a lot of agreement between us.

The Conservative party has come on a long, tortuous and at times destructive journey regarding the European Union. A Conservative Prime Minister took us into the then European Community and subsequent Conservative Prime Ministers signed up to the Single European Act and the Maastricht treaty—the biggest transfers of power from Westminster to Brussels in our history. There were no referendums on those issues. The Foreign Secretary has been part of that long and tortuous journey. He was not so keen on referendums in the early 1990s, when he and the hon. Member for Stone were on different sides of the argument during the long and heated debate on the Maastricht treaty that went through the night. The Foreign Secretary opposed a referendum on the treaty and the hon. Member for Stone consistently argued for one.