All 4 Debates between Chris Heaton-Harris and Steve Baker

Oral Answers to Questions

Debate between Chris Heaton-Harris and Steve Baker
Thursday 25th October 2018

(5 years, 5 months ago)

Commons Chamber
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Steve Baker Portrait Mr Steve Baker (Wycombe) (Con)
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Will the Government ensure that our contingency plans reflect what we know of our European partners’ contingency plans?

Chris Heaton-Harris Portrait The Parliamentary Under-Secretary of State for Exiting the European Union (Chris Heaton-Harris)
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I thank my hon. Friend for his work on no deal when he was the Minister, and the preparations that have been in place for more than two years. As he will know from his experience in the Department, we closely monitor what our European counterparts are saying. If he were to listen to our French counterparts at this point in time, he would be hearing noises about two-minute checks at the border, not longer. France is employing lots of customs guards to ensure the flow of goods and trade, and will increase the number of border posts at Calais.

Oral Answers to Questions

Debate between Chris Heaton-Harris and Steve Baker
Thursday 19th July 2018

(5 years, 8 months ago)

Commons Chamber
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Steve Baker Portrait Mr Steve Baker (Wycombe) (Con)
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I congratulate my hon. Friend on his new position. There is absolutely no one whom I would rather see in his job at this time, and I wish him every possible success.

Papers that are available to my hon. Friend will show that as long ago as October, I was seeking to create a parliamentary moment to galvanise the whole Government to prepare not only for the unwanted contingency of no deal, but for all scenarios, including the end of the implementation period. Will he now use the collective agreement reached at Chequers to go out and galvanise the whole Government to deliver, in the knowledge that that is not something that the Department for Exiting the European Union can direct, and that it will require those at the very top of the Government to mobilise every Department?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I thank my hon. Friend for his question, and for leaving me an unbelievable quantity of reading to do because of the diligent way in which, as he rightly says, he prepared for every scenario.

European Union Bill

Debate between Chris Heaton-Harris and Steve Baker
Tuesday 8th March 2011

(13 years ago)

Commons Chamber
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Chris Heaton-Harris Portrait Chris Heaton-Harris
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I should begin by apologising to the House for being so keen to table a number of new clauses and amendments at this late stage. It is not as if there is anything better going on in my life. It is not that Arsenal are playing Barcelona tonight, and I could have been watching that. Actually, as a referee I do not like Arsenal that much, but I could have been refereeing the football game between the Press Lobby against the Crown Prosecution Service—and I have a family, and there is a dinner that I could have gone too.

However, I did want to point out to the Minister that there are some fairly big gaps in the Bill, which came to my notice rather later than they should have. New clause 3 concerns the emergency brake, especially in the context of criminal justice matters. New clause 4 concerns the post-2013 financial framework. New clause 5 concerns own resources decisions and EU taxes. I have also tabled a range of complementary amendments.

New clause 3 deserves some explanation. Certain European laws proposed under the treaty on the functioning of the European Union are subject to the emergency brake procedure. Such proposals are adopted by qualified majority voting in the Council, and relate to social security and procedural and substantive criminal law. When an EU law on social security is proposed under article 48 of the TFEU, a member state can declare that the proposal

“would affect important aspects of its social security system, including its scope, cost or financial structure, or would affect the financial balance of that system”,

and, having done so, can request that the proposal be referred to the European Council. The proposal is then so referred, and the Council suspends its consideration of the measure.

When an EU law on procedural or substantive criminal law is proposed under article 82(2) or article 83 and a member state considers that the proposal

“would affect fundamental aspects of its criminal justice system”,

that member state may request that the proposal be referred to the European Council. The proposal is then so referred, and the Council suspends its consideration of the measure. A member state’s ability to stop the adoption of a proposal subject to qualified majority voting in that way is known as the emergency brake.

After the proposal has been referred to the European Council, the Council may refer the proposal back to the other Council, which then resumes consideration of the measure, taking decisions by qualified majority voting. However, there must be a consensus in the European Council for the proposal to be referred back. That means that any member state can block the proposal. Under United Kingdom law, the decision on whether to invoke the emergency brake lies solely with the Government. Parliament cannot insist that this happen, and the Bill, alas, will not change that. In contrast, the German Parliament can oblige the German Government to press the emergency brake on any of those matters. New clause 3 would cover all EU proposals subject to the emergency brake except for the proposals that would fall under clause 9(4) of the Bill. It would, however, require the final draft of the proposals to go before both Houses of Parliament, either of which could require that the emergency brake be pressed.

Back in January, in response to a letter that I had sent dealing with various aspects of the Bill, my hon. Friend the Minister for Europe wrote to me that there was nothing to prevent a member state from pressing the emergency brake repeatedly on a proposal. That means that, should Parliament remain dissatisfied with the proposal after it has been referred to the Council by the European Council following a use of the emergency brake, Parliament could insist that the brake be pressed again.

Subsection (4) of new clause 3 is intended to accommodate the possible scenario in which the European Council seeks to come to a consensus on a final draft of the proposal, which would be referred back to the Council for formal adoption straight away. It seems to make sense that the Government should be able to ask Parliament at that point whether the final proposal is acceptable, rather than the Government’s simply agreeing to refer it back to the Council and not insisting that the emergency brake be triggered.

I have been discussing new clause 4 with the Minister’s officials, and have been told that its provisions are probably covered in the Bill. A handful of proposals subject to the emergency brake would appear to be covered by clause 9(4). I would appreciate the Minister’s confirming that, at the end of a convoluted process—during which the British Government might know that a proposal under QMV is to be adopted so they do not vote for it or abstain, but vote against—we in this Parliament could still have our foot firmly on the emergency brake.

Steve Baker Portrait Steve Baker
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I admire my hon. Friend’s tenacity, but I am only a simple engineer, so may I confirm that he has said that this House is unable to assert its sovereignty in relation to criminal justice?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I was not asserting that, although we have given away lots of justice and home affairs powers, and I do not think many Members or many of the British people fully appreciate how much we have potentially given away. This is an important point. Although the Bill has many problems, the referendum lock would ensure that we do not go down such a route in respect of the European public prosecutor and other matters to do with the criminal justice system. The measure I am talking about came in under the Lisbon treaty. No country has pressed the emergency brake yet. I would like to think that the Government would trust Parliament sufficiently for Parliament to have its foot on that brake, rather than for the Government alone to have their foot on it.

Draft EU Budget 2011

Debate between Chris Heaton-Harris and Steve Baker
Wednesday 13th October 2010

(13 years, 5 months ago)

Commons Chamber
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Chris Heaton-Harris Portrait Chris Heaton-Harris
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I suppose so; I have heard it put in slightly more complicated terms. At the end of the qualified majority voting process, member states coalesce into different groups and it is quite remarkable that we have so many member states on our side at this time. That is something else that the Labour Government utterly failed to achieve on any occasion when it came to the budget. I think we are heading in the right direction.

I want the House to give our Economic Secretary the strong message that a number of us are simply reflecting the views of the people who elected us to this place. They see a lot of money being wasted and a lot of excess in the European Union and they know that we want to do something about it, but we need to negotiate from a very strong position. I know that the Economic Secretary is an unbelievably good negotiator. She speaks many languages when she goes abroad to talk to our European friends and those with whom we have to negotiate. I would like her to know that when she goes into those negotiations she can say, “This Government have taken a perfectly reasonable position. We are reasonable, but look at the Members of the House of Commons who are trying to represent their constituents—they are absolutely livid about the position the Government are taking just to get a half-decent cut, or maybe a standstill, in the European budget.” We are trying to give extra force to her argument—nothing more, nothing less.

I commend what we are doing in the European Parliament. My colleague James Elles, a Conservative Member of the European Parliament, has tabled many fantastic amendments, some of which might go through, because he is an able negotiator who knows the institutions very well, and some of which will not. However, we will still end up in the same position whereby, at the end of the process, the European Commission’s budget is bigger this year than it was last. That is unacceptable to the British public.

President Barroso recently gave a state of the Union address. I talk about that because I want to put into context where the argument sits now. We might be talking about the 2011 budget for the European Parliament, and I am trying to look forward to how we negotiate in the negotiations that are just opening up for the next financial framework. President Barroso put his cards on the table in his state of the Union address: not only does he want more money, but he wants to raise it in a completely different way. A former Minister for Europe talked about own resources; essentially, President Barroso would like to have a European tax. There is a debate for us to have on that.

Some people want a European tax because more member states are having debates such as the one in the Chamber today whereby their parliamentarians say, “You are spending a lot of money from direct taxation, not from the way you used to raise it.” My hon. Friend the Member for Hertsmere (Mr Clappison) referred to that and it is unacceptable in the current economic climate.

Steve Baker Portrait Steve Baker (Wycombe) (Con)
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My hon. Friend adds a great deal to the Chamber with his wealth of experience. For those of us who are new to the EU institutions, will he explain how members of the British public may cast a vote to dismiss President Barroso?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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That is a good question. I am not convinced that it is possible. There is only one way to get rid of any European Commissioner, and that is to get rid of the whole lot. That involves a process that an individual constituent— [Interruption.] No, I did not. I was way too young to be there.