European Elections 2014

Chris Heaton-Harris Excerpts

Tuesday 18th June 2013 Commons Chamber

[Mr Lidington]

I believe it is, and I think it is fair to say that there are plenty of people in and around the European Commission, and indeed the European Parliament, who believe—perfectly honourably—that the way forward is to move towards a system in which it is the European Parliament, rather than the Heads of Government assembled in the European Council, that has the key role in nominating the President of the Commission and thereafter holding the Commission to account. These are people who believe that it is right and possible to create a European demos, and see that step as a way so to do. What I am saying to my hon. Friend is that I see, and the Government see, nothing in the treaty that requires the European Council to limit its freedom of action in the way that some are suggesting.

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

This point is not on article 17(7) per se. The motion uses the words

“notes that whilst European political parties are free to support candidates”.

The Minister will know that European political parties have huge amounts of money, which they are not allowed to spend on political campaigning in the course of elections. Surely this document has the potential to ride a coach and horses through that law, internal though it may be to the Parliament, because there are political parties across Europe, including some in the United Kingdom, that do use European political party funding to fund their whole party hierarchy.

[Mr Lidington]

It is important to distinguish a couple of points. First, nothing in these Commission documents is a legally binding proposal. I repeat: these have the status of recommendations, nothing more. The recommendation we are now debating is addressed to European political parties and national political parties, and it deals with how the Commission thinks they might better arrange their affairs. It is entirely up to both the European and the national political parties to decide whether they pay any attention to the Commission’s recommendations or not.

Secondly, there are provisions in the treaty on the functioning of the European Union to govern the conduct of European parliamentary elections. Those are embodied in a statute based on the relevant articles of the TFEU. For that statute to be amended, or for other changes to be brought forward, unanimity would be required under article 223, as I said earlier. The question of party political spending, including by candidates within the United Kingdom, is governed by the relevant United Kingdom statutes, including, most obviously, the Political Parties, Elections and Referendums Act 2000. At the moment, there is a clear legal distinction between certain measures that are set at European level and require the unanimous agreement of every member state, and the rules on party fundraising, party financing and election expenditure, which remain a matter for member states and are not touched in any way, even by these Commission recommendations.

I wish to conclude on the following point. I said at the start of my remarks that the Government believed there is a genuine problem of lack of democratic legitimacy within the European Union, but that these proposals suggested by the Commission do not provide the answer to that crisis. The Government’s preference would be to see a greater role for national Parliaments in holding European decisions to account. Although I will not expatiate on the detail, the ideas that my right hon. Friend the Foreign Secretary and I have proposed in recent weeks on the greater use of the yellow card mechanism or creating a red card mechanism, giving national Parliaments the right to block legislation that need not be agreed at European level, are intended as a contribution to a vigorous debate, which we have now launched, within Europe, not just within the UK. The absence of democratic legitimacy and adequate democratic accountability within the EU is a major political question that needs serious debate and consideration right across the European Union, but it is not answered by the proposals before us this evening.