Parliamentary Sovereignty and EU Renegotiations

David Lidington Excerpts

Thursday 4th February 2016 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

The hon. Member for North West Durham (Pat Glass) said that this had been a long debate. I confess that for me it passed in a twinkling of an eye. As the hon. Lady gains in experience of these occasions, I think she will find that this was quite a brief encounter with some of the arguments about this country’s place in Europe.

I congratulate my hon. Friend the Member for Basildon and Billericay (Mr Baron) on obtaining the debate. I shall move straight to addressing the central arguments that he described in his speech. He is right that parliamentary sovereignty lies at the heart of how the United Kingdom thinks about its constitutional arrangements, and it is true that Parliament remains sovereign today. As I think he himself said in his speech, there is only one reason why European law has effect in the United Kingdom at all, and that is because Parliament has determined that that should be so and has enacted laws which give European law legal effect here.

To avoid any misunderstanding about the fact that any authority that EU law has in Britain derives from Parliament itself, we wrote into the European Union Act 2011, in section 18, that the principle was clear—that European law has direct effect in the United Kingdom only because of Acts of Parliament. As my right hon. Friend the Prime Minister said yesterday, if there is more we can do to make that principle clear, we would be keen to do that. It is open to Parliament, too, to pass laws to rescind the European Communities Act 1972 to end Britain’s membership of the European Union. If that were not the case, if ultimate sovereignty did not continue to lie here, there would be little purpose in our having this national debate about a referendum on British membership.

My hon. Friend the Member for South Dorset (Richard Drax) is right that standing alone in 1940 should continue to be a source of pride and inspiration to everybody in this country from whichever political family they happen to come, but let us not forget that that was never a situation that this country or Winston Churchill sought. It was one forced upon us by defeat, and only a few days or weeks before Churchill’s speech about fighting on alone, he had gone to France and offered France a political union with the United Kingdom in order to try to maintain the struggle against Nazism. If we look back at our great history, we can see how leaders such as Marlborough, Pitt, Wellington, Castlereagh and Disraeli sought to advance the interests of the United Kingdom and the British people through building coalitions of allies and of support among other nations on the European continent.

[Sir William Cash]

Will the Minister give way?

[Mr Lidington]

My hon. Friend will forgive me—I have very limited time. Many colleagues have spoken and I want to respond on behalf of the Government.

As a number of hon. Members said, there is concern about the question of ever closer union—about Britain being drawn against its will into a closer political European Union. There are a number of clear safeguards against that. As the hon. Member for Luton North (Kelvin Hopkins) pointed out, we remain opted out of such things as the single currency. We can decide for ourselves whether to participate in individual justice and human rights measures. There are issues such as taxation and foreign and security policy where the national right of veto continues.

We wrote into the European Union Act 2011 a requirement that a referendum of the British people would be needed before this or any future Government could sign up to treaty changes that transferred new competencies and powers from this country to Brussels—to the European institutions. That referendum lock also applies to any measure that moves the power to take decisions at European level from unanimity, with the national veto, to majority voting.

What the draft documents from President Tusk this week explicitly recognise is that there should be different levels of integration for different member states, and that the language and the preamble to the treaty about ever closer union does not compel all member states to aim for a common destination. The fact that this is a draft declaration by the European Council is significant, because the treaty itself says that it is for the European Council to set the strategic political direction of the EU as a whole.

We need to recognise in this House that there are other European countries for whom the objective of ever closer union may be welcome and in line with their national interests. Ministers from the Baltic states have said to me, “When you’ve been through our experience of being fought over by Soviet communism and Nazism, when you’ve lost a quarter of your population to those tyrannies and to warfare, when you’ve lived under Soviet rule for half a century, and then you get back your independence and your democracy, you grab any bit of European integration that’s going because you want that appalling and tragic history not to repeat itself.” We should respect their wish for closer political union, in return for their respecting our clear wish to remain outside such a process.

My hon. Friend the Member for Basildon and Billericay asked whether we would reinvent the EU today. I say to him and to the House very plainly that if we were starting from scratch, I would not start with the treaty of Lisbon, but we are where we are. The debate both in this place and in the country, when assessing the results of the Prime Minister’s renegotiation and the wider issues at stake, should be about whether the interests of the British people whom we represent—their security, their prosperity, their hopes and ambitions for their children—are better served by remaining in the European Union, which I hope will be successfully reformed, but which will still not be perfect, or by leaving and attempting from the outside, de novo, to secure some kind of new arrangement with that bloc of countries. That is the context within which we should consider the specific issues that have been raised in this debate.

I will take trade as an example, because a number of hon. Members have mentioned it. Outside the European Union, we would have the theoretical freedom to negotiate free trade agreements on our own behalf. However, it is not just a matter of speculation, but what leading trading nations say to us, that they are much more ready to negotiate trade deals with a European market of 500 million people, with all the leverage that gives us as a player in that single market, than to negotiate with even a large European country on its own.

[Mr Jenkin]

Will my right hon. Friend give way?

[Mr Lidington]

No; I apologise to my hon. Friend, but time is very limited.

The reality is that the World Trade Organisation and other international organisations are largely directed by blocs of countries and very large nations such as China and the United States. I believe that the interests of the British people are better served not simply by having a separate flag and name plate on the table, but by playing a leading role in shaping the position of the world’s biggest and wealthiest trading bloc, using its leverage to advance our national interests and winning new opportunities for businesses and consumers in this country.

I am disappointed by the pessimism of some hon. Members. Look at what we have achieved through positive British action at the European level. It was Margaret Thatcher who built the single European market that has made possible, for example, affordable aviation for ordinary British families in every part of this country. It was Margaret Thatcher, John Major and Labour Prime Ministers who made possible the entrenchment of democracy, the rule of law and human rights in central European countries where those things were crushed for most of the 20th century. We did that through support for the enlargement project. The work that my right hon. Friend the Home Secretary is leading to strengthen co-operative European work against terrorism and organised crime is doing more to aid our security and defend the safety of the British people than we would be able to achieve through unilateral action.

I want us to be in a reformed European Union and in the single market, playing a leading role in creating a safer and more prosperous Britain and a safer and more prosperous Europe. We should be in the things that matter to us and that benefit us, but out of ever closer political union—out of the euro, the European army and Schengen. There is a real prize available to us. That is why I am supporting so enthusiastically the work that my Prime Minister and this country’s Prime Minister is doing to secure that future for the United Kingdom in a successful and reformed European Union.

[Mr Speaker]

The hon. Member for Basildon and Billericay (Mr Baron) must certainly have a couple of minutes in which to wind up the debate.