European Union (Approvals) Bill [Lords]

Damian Green Excerpts

Monday 4th February 2013 Commons Chamber

[The Minister for Policing and Criminal Justice (Damian Green)]

I beg to move, That the Bill be now read a Second time.

The European Union (Approvals) Bill simply provides for parliamentary approval of three draft EU decisions: the proposal to give legal effect to the electronic version of the Official Journal of the European Union; the proposal to agree the five-year work programme—the multi-annual framework—of the EU Fundamental Rights Agency; and the draft European Council decision to maintain the number of EU Commissioners at the equivalent of one per member state. The Bill underlines the importance placed by the Government on Parliament’s role in scrutinising the work of the European Union, which is why we enacted the European Union Act 2011.

The Government have given full consideration to all three measures and are of the view that the UK should support them. We are satisfied that they are in the best interests of the UK, and are sensible and reasonable. None has a significant domestic impact and, in particular, none will result in any additional financial burdens being imposed on the UK. The provisions in the Bill are technical in nature but will, in their own way, play an important role in the future shape of the EU. My right hon. Friend the Prime Minister has recently set out the need to examine the UK’s relationship with the EU. The provisions do not represent far-reaching changes, and there will be further opportunities to examine more fundamental changes in other debates.

The Bill seeks the approval of Parliament on two proposals brought forward under a legal base of article 352 of the treaty on the functioning of the European Union: the proposal to give legal effect to the electronic version of the Official Journal of the European Union; and the proposal for the next the five-year work programme, the multi-annual framework, of the Fundamental Rights Agency. Article 352 allows the Union to take action to attain one of the objectives set out in the treaties, but for which there is no specific power set out in those treaties. Any proposal brought forward under this legal base must be agreed unanimously by the Council and gain the consent of the European Parliament, so that at European level there is a high bar for such a proposal to meet.

For the UK to agree to this at Council, and for the required unanimity to be secured, Parliament must first give its approval. The Government have put in place further parliamentary controls for proposals brought forward under article 352 of the treaty. Section 8 of the European Union Act 2011 states that a Minister of the Crown may not vote in favour of, or otherwise support, an article 352 decision unless it is approved by an Act of Parliament. Therefore, without the agreement of Parliament a proposal brought forward under this legal base cannot be adopted.

The EU Commission currently comprises 27 commissioners, one from each member state. The Lisbon treaty provides for a reduction, by one third, in the size of the Commission from 1 November 2014. However, the treaty also allows the European Council to alter the number of commissioners, subject to unanimous agreement. To secure Ireland’s ratification of the treaty, it was agreed that a decision would be taken to maintain the number of EU commissioners at the equivalent of one per member state. Section 7 of the European Union Act 2011 provides that a Minister of the Crown may not vote in favour of such a decision unless the draft decision is approved by Act of Parliament.

[Jacob Rees-Mogg (North East Somerset) (Con)]

The previous Lord Chancellor thought that the second draft decision, on the multi-annual financial framework, did not require an Act of Parliament because it fell under article 308 of the previous treaties—now section 352 of the new treaties. Do the Government have a clear position on whether anything previously under article 308 will now always require an Act of Parliament?

[Damian Green]

That level has not been reached. My hon. Friend is right that the Minister without Portfolio, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), the previous Lord Chancellor, came to that opinion, but, as my hon. Friend will also be aware, the European Scrutiny Committee challenged the basis of the assessment, and it was found that, because the previous agreement had been made under a previous version of the EU treaties that was not specifically provided for in the 2011 Act, it did not fall within the exemption set out in the Act. That is the principle on which the Government will operate.

[Jacob Rees-Mogg]

I am extremely grateful for that clarification. The Act clearly refers to article 352, so would it be fair for the House to assume that if it is not specifically under article 352, the exemptions will not apply?

[Damian Green]

It is fair for the House to assume that were it equivalently done on the basis of previous treaties, the precedent set by the decision would apply, but I would hesitate, off the top of my head, to take that any further.

I turn now to the detail, starting with the electronic version of the Official Journal of the European Union. The Official Journal is the gazette of record for the EU. It is published every working day and records the decisions made and legislative acts of the EU institutions. The electronic version of the Official Journal has existed in parallel with the print version for some years, but a European Court of Justice judgment found that only the printed version was authentic. EU legislation is necessary, therefore, to enable the electronic version to have legal effect.

The EU institutions believe that if publication of the electronic version is given legal effect, access to EU law would be faster and more economical. At the moment, anyone wishing to access the authentic version must order and pay for printed copies of the Official Journal. This proposal will not affect those who wish to continue to have access to the printed version. This is a sensible measure in a world in which electronic communications have revolutionised how information is distributed and accessed. It will have no significant impacts or effects on the UK.

The second proposal for which the Bill seeks to provide approval is the work programme of the Fundamental Rights Agency, established in 2007. Its role is to support the European institutions and member states—when they are acting within the scope of EU law—to take measures and actions that respect fundamental rights. The agency does this through the collection and analysis of information and data. It also has a role in communicating and raising awareness of fundamental rights.

The agency’s work is regulated by a five-year work programme setting out the thematic areas of the agency’s activity. These must include the fight against racism, xenophobia and related intolerance and be in line with the European Union’s current priorities. The work programme, defined by the Council of Ministers, gives the member states control over where the agency undertakes its work.

The agency’s first work programme covered the period 2007 to 2012. In December 2011, the Commission brought forward a proposal for a new work programme to cover the period 2013 to 2017. The proposal was amended through negotiations. The measure for which approval is sought very much continues the themes set out in the previous work programme, although there are some adjustments in the terminology.

The agreement of a new work programme will not alter the tasks of the agency, and nor will it change the agency’s role or remit. The work programme does not set out or define these elements. Those are set out in a completely different instrument—the agency’s establishing regulation—and that instrument is not under review at this time. The work programme simply sets out the themes under which the agency will work. Failure to agree the work programme will deprive the Council of the opportunity to set the direction for the agency by defining these themes.

I turn now to the third element in the Bill: the draft decision to maintain the number of EU commissioners at the equivalent of one per member state. The proposed reduction in the size of the commission and the subsequent loss of a guaranteed commissioner emerged as a concern of the Irish during the ratification of the Lisbon treaty. In order to secure Ireland’s ratification of the treaty, it was agreed that a decision would be taken to maintain the number of EU commissioners before the appointment of the next Commission in 2014. The European Council has put forward the draft decision to fulfil the commitment made to Ireland.

This Government are committed to creating a leaner, less bureaucratic European Union and to improving efficiency in the EU institutions, including the Commission. We believe there is significant room for savings in administration and will continue to push for substantial reductions in the EU’s administrative costs. However, it is also important that the UK maintains its EU commissioner. By agreeing to this draft decision, the UK will retain its guaranteed commissioner and be in a stronger position to influence the make-up of the next Commission. Furthermore, the draft decision states that it should be reviewed before a new Commission is appointed, in 2019, or when the number of EU member states reaches 30, whichever is earlier. The draft decision does not give the go-ahead for the Commission to continue expanding ad infinitum.

I hope the House will agree with our assessment that these measures, although necessary, are administrative in nature, improving the accessibility and legal certainty of the EU’s official record, providing an EU agency with a work programme and fulfilling a commitment to the Irish people.

[Bob Stewart (Beckenham) (Con)]

Does this mean that we will be able to get an electronic version of what has happened in the European Union within, say, three hours, as we do for proceedings in this House, and that if one does not have that, it will take several days to get a printed version?

[Damian Green]

My understanding is that there will be no alteration to the accessibility of the printed version. The electronic version already exists; this Bill means that it can be taken as an authentic record of what has happened. The Bill simply changes the status of the electronic record, which—I am told—is published every day. I hope that will assuage my hon. Friend’s concerns, and I commend this Bill to the House.

--- Later in debate ---

[Martin Horwood]

I do not often agree with the hon. Gentleman on matters European, but I do agree that there is a slight risk of that happening, as we have all been aware over many decades. We have to be careful about the level of democratic accountability in the European Union. I would always support increasing democratic reform and democratic accountability in the EU where we can do so.

There is the potential for endless growth in the number of commissioners, or at least for the number to be limited only by the number of European states that might join the EU. It was clear from the Irish referendum debate that, as any fan of the TV series “Borgen” will know, for smaller countries the appointment of a European commissioner is a major political issue to which people attach a great deal of importance, and we have to respect that. We are a community of many nations with many different priorities, and it is important that we acknowledge that. To that extent, I support the Government in backing this measure.

The hon. Member for Daventry (Chris Heaton-Harris) made a brave effort to make this debate sound like a very contentious one that demands this level of scrutiny. In the spirit of coalition unity, I recognise that the European Union Act 2011 has brought a greater level of accountability and scrutiny to European legislation in this place, and that process could go further. At the beginning of last year, Ministers announced that there would be a review of the way in which scrutiny of European legislation took place. Submissions were invited, and I found myself in rare agreement with the hon. Member for Stone (Mr Cash) in suggesting that Select Committees should automatically and routinely vet European legislation that was relevant to their briefs. Will Ministers update us on the progress of that process and say how far down the path we are towards introducing such routine and automatic scrutiny by Select Committees?

[Damian Green]

In the interests of the many parliamentarians I see assembled on these Benches, I should point out that the procedures of Select Committees are very much not for the Government to decide but are a matter for this House.