European Union Bill (Programme)(No. 2)

David Lidington Excerpts

Monday 24th January 2011 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I beg to move,

That the Order of 7 December 2010 (European Union Bill (Programme)) be varied as follows:

1. In paragraph 2, for ‘five days’ there shall be substituted ‘six days’.

2. In paragraph 4, in the Table, for the entries relating to the proceedings required (so far as not previously concluded) to be brought to a conclusion on the fifth day there shall be substituted the following:

[Mr Peter Bone (Wellingborough) (Con)]

The Minister must be in absolute despair. In his very good ConservativeHome article, he said that this House would scrutinise this important legislation—the most radical since we went into the European Economic Community—but clearly we will not be able to do that today, because a number of amendments and clauses will not be reached. Is he not disappointed that the guillotine has not been lifted tonight?

[Mr Lidington]

As far as I am aware, it has not been a question of a guillotine. We have the normal 10 o’clock rule in place. As my hon. Friend the Member for Wellingborough (Mr Bone) is aware, the Government were keen to ensure that the House had sufficient time to consider this important legislation. We therefore proposed five days for the Committee stage in the programme motion that was tabled on Second Reading. That had been agreed in advance through the usual channels. My recollection of that day’s debate is that there was no attempt to divide the House on the programme motion at that time.

With all respect to my hon. Friend, I am conscious that he cares passionately about the Bill and about the relationship of the United Kingdom with the European Union. He has strongly held, honourable and principled views on that matter, and I am sure that if he catches the Speaker’s eye in the course of today’s proceedings, he will speak trenchantly on the subject, as he has done on other occasions recently. But when it comes to a debate, there is also a duty on all Members of Parliament to consider the time available for the various amendments that have been grouped together, and to measure their own contributions to that debate accordingly.

[Mr William Cash (Stone) (Con)]

Does my right hon. Friend agree that if there were any attempt during the proceedings on the programme motion or at any point during the day that might give rise to suspicions that Members were talking matters out in order to prevent important business being arrived at, his words might sound rather hollow?

[Mr Lidington]

I am sure that my hon. Friend the Member for Stone (Mr Cash), who has been here for a long time, knows that a balance needs to be struck between the time that is needed to examine important political and constitutional issues fairly and in the depth that both the House and the general public would expect, and the time that is available for debate, bearing in mind the many other priorities that the House has to consider. I would say gently to my hon. Friend that I believe that he spoke at some length—more than 60 minutes—during the first day’s proceedings in Committee. I hope that so far he has not had reason to complain that his contributions are being crowded out.

[Mr James Clappison (Hertsmere) (Con)]

Is my right hon. Friend aware that there are no fewer than 29 amendments, some of which are Government amendments, before we reach the fourth or fifth group, which contain the provision relating to whether there should be a referendum in the case of the accession of a new member state? That provision is extremely important, and without proper scrutiny being given to that, it could hardly be said that the Bill had had proper scrutiny in the terms that my right hon. Friend described? Would he regard it as unsatisfactory if we did not scrutinise that question, which is important for many, many people?

[Mr Lidington]

It would be improper for me to comment on the selection or grouping of amendments, which is properly a matter for the Chair and not the Government. My hon. Friend is right to say that the question of the possible need for a referendum on accession treaties is a matter of importance. I hope we get the opportunity to debate that in the course of today’s proceedings. One of the consequences of the programme motion, which I support, is that the House will get the opportunity of a sixth day of consideration. There will therefore be opportunities for my hon. Friend and other Members in all parts of the House to table further amendments and new clauses when we reach Report.

It would have been open to the Government, having decided to table amendments and hoping—I believe not unreasonably—that those amendments might be accepted by the House, to have said to the House, “Well, we now have to make provision for a Report stage, so what we suggest is that we curtail the Committee stage from five days to four, and that we have Report and Third Reading on the fifth day.” If it would be of some assurance to my hon. Friend, I want to make it clear that we had no thought of doing that.

We decided at the start that it was important to continue with the full five days in Committee that we had promised all parties in the House, so in order to provide for a debate on Report we have allocated an additional, sixth day for debate on Report and Third Reading. If, by some chance, the House decides not to accept any of the amendments tabled by the Government or other Members and to leave the Bill unamended in Committee, that sixth day would be available for a full parliamentary day’s debate on Third Reading.

[Sir Peter Bottomley (Worthing West) (Con)]

There seem to be three issues on which the Minister must guide the House: first, whether the Government thought that there would be no amendments and, therefore, no need for debate on Report, which seems a rather odd thing to have assumed in the first place; secondly, whether he believes that the extra day is sufficient for debating on Report any amendments that might have been made by then and any that might not have been made; and thirdly, whether he intends to avoid debate on matters on which there is substantial interest in the House. I do not intend that to be a criticism, but I would be grateful if he would comment on those three issues.

[Mr Lidington]

I am grateful to my hon. Friend for his intervention and will deal with each of his three points in turn. On the question of amendments, the terms of the original programme motion provided that on the fifth day we would deal with the Committee stage and with remaining stages, so the assumption was that if there was a need for a Report stage, there would be provision for it. The Government have looked closely and carefully at each of the amendments that have been tabled, from whichever side of the House they came. As I hope to have the opportunity to explain when we debate the substance of the Bill and the various amendments selected for debate, we have been influenced in our policy and in the amendments that we have tabled by the amendments that have been tabled by Back Benchers.

On the question of whether the additional day will allow adequate time for debate, I ask my hon. Friend to look at the provision of time overall for consideration of the Bill. I think that a full day for Second Reading, five complete days in Committee and a full day for the remaining stages is a pretty fair allocation of time. I am confident that it will be possible for all the important issues that colleagues on both sides of the House wish to see debated to be debated within that time, but how long Members take to debate each group of amendments or how long they spend on particular clause stand part debates is, of course, a matter for them and for the House. The Government have no intention of trying to constrain debate artificially. I very much hope that we have time to consider all the important issues that have been raised in the amendments.

--- Later in debate ---

[Mr Lidington]

With the leave of the House, let me reply briefly to some of the main points. I do not want to take up much time.

I found it difficult to take seriously the strictures of the hon. Member for Caerphilly (Mr David) about the Bill’s alleged complexity. If there is complexity in the Bill, it flows from that in the Lisbon treaty, which he and his party, when in government, negotiated, supported and rammed through the House.

Members from both sides of the House made important points about the amount of time available. I am grateful for the acknowledgement of the Government’s offer of a sixth full day. I point out that, with no statements or urgent questions today, roughly six and a half hours are available for debating the motion and proceedings on the amendments. There is a balance to be struck between time available and Members’ self-discipline in the length of their speeches.

On Report, hon. Members on both sides of the House will obviously have the opportunity to table amendments and new clauses to raise subjects that they believe need further debate or that they think have been overlooked and ought to be debated. The hon. Member for Birmingham, Edgbaston (Ms Stuart), who has been in the House since 1997—almost as long as I have—knows well how the rules of order operate and how to draft an amendment to maximise its chances of selection and of being high up in Mr Speaker’s groupings on Report. I am sure that Back Benchers on both sides of the House will be happy to take her advice on the canny ways of achieving those objectives.

A number of hon. Members, including the hon. Lady, mentioned the question of accession treaties. It is obviously for the Chair and not for me to determine whether the content of any speech is in order. I simply point out that the first group of amendments includes proposals to remove the exemption conditions altogether from the Bill, but the exemption conditions include an exemption for accession treaties. I invite the House to draw its own conclusions, but I hope that it supports the motion.

Question put and agreed to.