General Affairs Council and Foreign Affairs Council, 25 October 2010
David Lidington Excerpts(13 years, 6 months ago)
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The Minister for Europe (Mr David Lidington)
The General Affairs Council and Foreign Affairs Council were held on 25 October in Luxembourg. The UK was represented by my right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs and myself.
The agenda items covered were as follows:
General Affairs Council (GAC)
The full text of all conclusions adopted can be found at:
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/117366.pdf
Follow-up to the September European Council
The Commissioner for Inter-Institutional Relations and Administration (Sefcovic) briefed on EU 2020, covering the ongoing dialogue with member states on their national reform programmes which are due for submission in November.
I and others raised Pakistan and the importance of delivery on trade and development assistance commitments made at the September European Council. The Foreign Secretary repeated the call later at the FAC.
October European Council
Ministers discussed at length the issue of the taskforce on economic governance and possible treaty change at both the GAC session on 25 October, and the ministerial dinner with the President of the European Council (Van Rompuy) on 24 October.
Some Ministers made the case for treaty change, arguing that sanctions were integral to any agreement on the crisis resolution mechanism—and that political sanctions would have more clout than financial ones. Others called for greater consultation and transparency, and argued that the EU should avoid appearing divided on the question.
I underlined the importance to the UK of stability in the eurozone, and that it was therefore right that eurozone members strengthened governance arrangements within the eurozone. I stressed that the UK would not be part of any permanent crisis resolution mechanism and that sanctions would not apply to the UK. I undertook to look closely at what was proposed, but as the Prime Minister had already made clear, we would not support anything that involved a transfer of powers from Westminster to Brussels. Many backed my call for an indicative text to be circulated in advance of the European Council. The presidency concluded by saying that this discussion would continue with Heads at the European Council on 28-29 October.
There was a brief exchange on the EU position for the G20 summit in Seoul on 11-12 November where I pressed for more ambitious language on the Doha negotiations. On climate change, some Ministers expressed concern about the prospects for the UN framework convention to be held in Cancun from 29 November to 10 December. I emphasised the need to be clear about any conditions we should attach to any second Kyoto commitment period.
On the EU’s approach to third-country summits, I and a number of other Ministers argued that conclusions from the summits should focus on clear deliverables. On the EU-US summit, many supported my call for a reinvigorated Transatlantic Economic Council with clear tasks. I also proposed including language on Pakistan. Ministers continued their discussions on third-country summits over lunch at the FAC.
Enlargement/Serbia
Conclusions were adopted that agreed to forward Serbia’s membership application to the Commission, while emphasising, inter alia, the importance of co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY), the need for constructive regional co-operation, and the importance of progress in the process of dialogue between Belgrade and Pristina.
External Action Service (EAS)
The Council gave political approval to the final EAS decisions on the Staff and Financial Regulations and the 2011 budget, with formal adoption expected after necessary legal procedures have been completed. Additionally, Baroness Ashton announced the appointments of Pierre Vimont as Executive Secretary General and David O’Sullivan as Chief Operating Officer of the EAS.
Foreign Affairs Council (FAC)
The full text of all conclusions adopted, including “A” points, can be found at:
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/117367.pdf
Union for the Mediterranean
Baroness Ashton set out proposals for a one-year transitional arrangement for the EU co-presidency of the Union for the Mediterranean. In response to concerns set out by the Foreign Secretary and others. Baroness Ashton agreed to look again at the proposals with the aim of reaching agreement on a legal basis acceptable to all member states before the 21 November summit.
Middle East Peace Process / Lebanon
Baroness Ashton briefed on her contacts with the US over the EU’s role in supporting the US-led peace efforts. Following a discussion, she concluded that the EU needed to continue its influencing work with key international stakeholders and its support for Palestinian state-building and Gaza access and exports. Ministers agreed to reaffirm the EU’s support for the Special Tribunal for Lebanon.
Cuba
Ministers exchanged views on options for the EU’s approach towards Cuba. They agreed to task Baroness Ashton to reflect on this, working within the EU’s Common Position, and report back to Ministers at a later date.
Sahel
Discussions on the Sahel region focused on the security risks it posed for both the region and Europe. Ministers adopted conclusions tasking Baroness Ashton, in liaison with the Commission, to elaborate a Sahel strategy by the beginning of next year.
European Neighbourhood Policy (ENP)
The Commissioner for Enlargement (Fule) briefed Ministers on developments for reforming the ENP. The ENP review should culminate with a ministerial conference with ENP partners in February 2011. The UK emphasised that the door to EU enlargement must be kept open for partners that met the criteria. Although ENP was not a pre-accession instrument, it nevertheless provided a framework to prepare partners for eventual membership.
Iran
Ministers agreed an EU regulation implementing sanctions against Iran’s nuclear programme.
General Affairs and Foreign Affairs Councils Agenda (25 October)
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The Minister for Europe (Mr David Lidington)
The Foreign Affairs Council and General Affairs Council will meet in Luxembourg on 25 October. My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs will attend the Foreign Affairs Council. I will attend the General Affairs Council.
General Affairs Council
EU Summits with Third Countries
The Foreign Minister of Belgium (which holds the rotating EU presidency) will chair the GAC. The Council President Herman Van Rompuy will host a dinner the previous evening, at which he intends to focus on EU summits with third countries. Drawing on the experience of the recent summit with China, he will invite Ministers to look ahead to summits with the US, Ukraine and Russia later this year. The Government believe that the EU needs to focus these summits on a few key priorities, including advancing the EU’s trade relationships. This issue will be discussed further at the following day’s FAC (see below).
October European Council
Ministers will look ahead to the October European Council, which takes place in Brussels on 28-29 October and will be attended by the Prime Minister. The Council agenda includes economic governance, the Single Market Act, climate change, the Seoul G20 summit, and the EU-US summit. There may also be discussions on the EU-Russia summit, Pakistan (see below) and the EU budget review.
Serbia
Ministers will debate whether to take the next step on Serbia’s EU membership application. The Government support doing so, by referring Serbia’s application to the Commission for an assessment of its readiness to begin membership talks (an “avis”).
September European Council
Ministers will consider follow-up to the September Council. The key UK interest here is on Pakistan. The September Council invited the Commission to present in October a proposal for “immediate and time-limited reduction of duties on key imports from Pakistan, in conformity with WTO rules”. This would be part of an ambitious trade and development package for Pakistan. The Government support quick passage of the trade proposal adopted by the Commission on 7 October, providing Pakistan with significant trade concessions until 2014.
European External Action Service (EEAS)
The compromise texts for the Amending Staff and Financial Regulations for the EEAS have been agreed and should be adopted by November. Member states may take the opportunity of the GAC to congratulate the presidency and Baroness Ashton for their work in completing the procedures necessary to get the EEAS up and running. It is unlikely that there will be substantial discussion. We will stress the importance of budget neutrality and the need for progress on efficiency savings. We will also emphasise the need for recruitment to be meritocratic, and for the EEAS to support member states’ foreign policy objectives, complementing rather than replacing national diplomatic services.
foreign affairs council
EU Summits with Third Countries
Baroness Ashton will chair the FAC. Following the GAC discussion on EU third country summits (see above), we expect the FAC to focus on specific objectives for the US, Ukraine and Russia summits. The Government would like to see an agreement on the importance of support to Pakistan and a revitalised Transatlantic Economic Council with the US; a reaffirmation of the importance of the EU-Ukraine free trade agreement; and a push on Russian WTO accession with a view to finalising an ambitious EU-Russia New Agreement with trade provisions.
Cuba
Discussion on Cuba was deferred from the June FAC, to allow time for Cuba to make progress on an anticipated release of political prisoners. The EU will discuss how to respond to these recent developments in Cuba. The Government recognise that some progress has been made on prisoner releases, and believe that any EU response should be measured, and aimed at encouraging further progress.
Middle East Peace Process
Baroness Ashton will update Ministers on her recent visit to the region. Ministers will discuss developments in the latest talks and what the EU can do to support progress. The Government believe that the EU has a role to play, in supporting US-led efforts to broker peace in the region.
Sahel
Ministers will discuss Sahel on the basis of a recent joint paper by the Commission and the General Secretariat of the Council on security and development issues in that region. The discussion is likely to highlight increasing concerns about security in the Sahel and the importance of the EU’s political, security and development engagement.
Union for the Mediterranean
There will be a discussion of proposals from Baroness Ashton for a one-year transitional arrangement for the EU co-presidency of the Union for the Mediterranean. The Government have concerns regarding this proposal, including around the basis on which the Commission would represent the EU at this intergovernmental meeting. We would like a long-term solution to be found on a legal basis that is acceptable to all member states, and which respects national sovereignty.
The European Neighbourhood Policy (ENP)
We expect a brief discussion on the Commission’s consultation exercise on the ENP with member states and partner countries. The Government believe that the ENP needs to be more ambitious, with access to EU markets linked to demonstrable progress by partners on economic and political reforms. The application of this conditionality should be the basis of the EU’s engagement.
Georgia
We expect a short stocktake of bilateral EU-Georgia relations, following recent Georgian elections. Ministers may cover the EU’s role in continuing efforts to foster regional conflict resolution, and Georgia-Russia relations.
EU-UN
Although not currently on the FAC agenda, some member states may raise the EU’s status at the UN following last month’s “no action” motion in the General Assembly.
NATO-EU
Following the NATO Defence and Foreign Ministers’ meeting of 14 October, there is the possibility of a FAC discussion on NATO-EU co-operation.
Departmental Secondment
David Lidington Excerpts(13 years, 7 months ago)
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Zac Goldsmith
To ask the Secretary of State for Foreign and Commonwealth Affairs how many civil servants from each Government Department are on secondment to EU institutions.
[Official Report, 27 July 2010, Vol. 514, c. 967W.]
Letter of correction from Mr Lidington:
Errors have since been identified with the figures in my written answer to my hon. Friend the Member for Richmond Park (Zac Goldsmith) on 27 July 2010.
The full answer given was as follows:
Mr Lidington
There are approximately 110 British civil servants on secondment to the EU institutions.
The largest groups are from the following Departments:
Department for International Development: 19
Department for Business, Innovation and Skills: 10
Department for Transport: 16
Foreign and Commonwealth Office: nine
Her Majesty's Revenue and Customs: six
Her Majesty's Treasury: six
Department for the Environment, Food and Rural Affairs: six.
The correct answer should have been:
Mr Lidington
There are approximately 108 British civil servants on secondment to the EU institutions.
The largest groups are from the following Departments:
Department for International Development: 17
Department for Business, Innovation and Skills: nine
Department for Transport: nine
Foreign and Commonwealth Office: seven
Her Majesty's Revenue and Customs: six
Her Majesty's Treasury: six
Department for the Environment, Food and Rural Affairs: six.
European Union Bill (Sovereignty)
David Lidington Excerpts(13 years, 7 months ago)
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The Minister for Europe (Mr David Lidington)
The coalition programme for Government said that the Government would examine the case for a United Kingdom Sovereignty Bill affirming that ultimate authority remains with Parliament.
The common law is already clear on this. Parliament is sovereign. EU law has effect in the UK because—and solely because—Parliament wills that it should. Parliament chose to pass the European Communities Act 1972. That was the act of a sovereign Parliament.
The Government have explored how to ensure that this fundamental principle of parliamentary sovereignty is upheld in relation to EU law. We have assessed whether the common law provides sufficient ongoing and unassailable protection for that principle. Our assessment is that to date, case law has upheld that principle. But we have decided to put the matter beyond speculation by placing this principle on a statutory footing.
In the autumn, the Government will legislate to underline that what a sovereign Parliament can do, a sovereign Parliament can always undo. A clause to this effect will be included in the European Union Bill.
This clause will not alter the existing UK legal order on a day to day basis in relation to EU law. And it will be in line with the practice of other member states, like Germany. Although they have a different constitutional framework, they have given effect to EU law through a sovereign Act.
Foreign Ministers and General Affairs Council (September 2010)
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The Minister for Europe (Mr David Lidington)
The informal meeting of EU Foreign Ministers “Gymnich” was held in Brussels on 10 and 11 September. The UK was represented by my right hon. Friend the Foreign Secretary. I represented the UK at the General Affairs Council (GAC) held in Brussels on 13 September.
The agenda items covered were as follows:
Gymnich
The meeting was chaired by the EU High Representative and Vice President of the Commission Baroness Ashton. The Gymnich is an informal meeting and, as such, no conclusions were adopted.
Pakistan
Baroness Ashton stressed the need for the EU to look strategically and comprehensively at Pakistan: not only as a humanitarian disaster, but also more broadly including institution-building, counter-terrorism, regional stability and nuclear security. Pakistan had always said that trade was the key to its relationship with the EU. The Commissioner for Development (Piebalgs) said the Development Co-operation Instrument had provision for €225 million for Pakistan for 2011-13. The Commissioner for Trade (De Gucht) set out options for trade-related assistance.
Foreign Ministers broadly shared Baroness Ashton’s analysis and set out their initial views on De Gucht’s trade options ahead of further discussions at the European Council (16 September).
Strategic Partnerships
Baroness Ashton set out her views on the EU’s engagement with strategic powers, and in particular China. The Commissioner for Economic and Financial Affairs (Rehn) and the Commissioner for Climate Action (Hedegaard) set out priorities for the EU’s engagement with China. The Foreign Secretary said the UK wanted the European Council to agree core principles for EU external action; emphasise the importance of trade in the EU’s strategic partnerships; agree an approach to key emerging powers (particularly China and India in advance of summits later this year); and give direction to instruments of EU external action.
EU enlargement
Foreign Ministers from EU candidates countries—Macedonia, Turkey and Croatia (Iceland did not attend)—gave presentations on their respective membership bids and the development of stronger co-operation with the EU. The Commissioner for Enlargement (Füle) gave a broad assessment of progress being made by the candidates towards accession. In the following discussion there was consensus that EU diplomacy had been successful following the ruling on Kosovo’s declaration of independence by the International Court of Justice.
General Affairs Council (GAG)
The full text of all conclusions adopted, including “A” points, can be found at: http://www.consilium. europa.eu/uedocs/cms_data/docs/pressdata/EN/gemaff /116489.pdf
The GAC was chaired by the presidency, Belgian Foreign Minister Steven Vanackere. The President of the Council, Herman van Rompuy, joined the Council over lunch for a discussion on the agenda of the September and October European Councils.
Preparation for the September European Council
Ministers discussed the draft conclusions for the European Council. I stressed the need for these to put trade at the centre of the EU’s external relationships, with China and India being of particular importance. I also emphasised the UK’s wish for the European Council to agree conclusions on Pakistan that included commitments on humanitarian aid, development funding and trade measures.
There was also a discussion on strengthening economic governance. President van Rompuy will report to the European Council on 16 September on work completed by the taskforce set up at the request of the Council in March.
Preparation for the October European Council
Ministers were presented with a draft agenda for the European Council to be held on 28 and 29 October. The issues proposed are:
Economic policy— The Council will receive a final report from van Rompuy’s taskforce on economic governance.
G-20— The Council aims to agree an EU position ahead of the summit in Seoul on 11 and 12 November.
Climate Change— The Council aims to prepare for the UN framework convention on climate change in Cancun on 29 November - 10 December.
EU-US— The Council aims to discuss the forthcoming EU-US summit on 20 November.
EU-Korea Free Trade Agreement (FTA)
The presidency said that more time was needed for agreement between members states on the draft EU-Korea FTA. The intention was to try to reach agreement in time for the September European Council.
AOB
Under AOB, the Commissioner for Inter-Institutional Relations and Administration (Sefcovic) raised the common transparency register and codes of conduct for the Commission when interacting with lobbyists.
Belgian Presidency Priorities
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The Minister for Europe (Mr David Lidington)
I am keen to keep Members fully informed on the European Union. I would, therefore, like to draw Members’ attention to a letter and note on the priorities of the Belgian presidency of the European Union, which has been placed in the Library of the House.
I have also deposited a copy of the Belgian presidency work plan, and a calendar of forthcoming events from the presidency.
Oral Answers to Questions
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Henry Smith (Crawley) (Con)
6. What his policy is on the process for UK ratification of future EU treaties.
The Minister for Europe (Mr David Lidington)
I refer my hon. Friend to my written statement yesterday. The Government are clear that there should be no further transfers of competence or powers from the UK to the EU in this Parliament, and we will introduce legislation to ensure that any subsequent future treaty that proposes to transfer such competence or powers would be subject to a referendum of the British people before it could be ratified by this country.
Henry Smith
I am grateful to the Minister for his reply. Can he elaborate on exactly how transparent the process for deciding on a referendum will be, and will the legislation be drafted in such a way that there will not be undue delay by possible judicial review?
Mr Lidington
The legislation will be drafted to make clear those aspects of the European Union treaties on which the Government would expect to require a referendum were there to be a proposal for change. It will, of course, be possible for people to use judicial review if they wish to challenge a Minister’s decision. I think that is likely only in cases where a Minister were for some extraordinary reason—no Minister in the current Government would do this—to wish to deny the people the right to have their say.
Chris Bryant (Rhondda) (Lab)
The Minister seemed to get his ratchets in a bit of a twist in his written ministerial statement yesterday. First he said that all ratchet clauses would be subject to primary legislation, then that major ratchet clauses would be subject to a referendum, and then, towards the end of his written ministerial statement, he confessed that there is no agreed definition of what a ratchet clause is at all, so his legislation is a pile of nonsense really. Does he not accept that the real danger here is that, effectively, what he is doing is asking the courts to decide when there will be a referendum or when there has to be primary legislation, because they will be deciding what is a ratchet clause? Some of us would like the Government to opt in rather more frequently, not least to the directive on human trafficking.
Mr Lidington
When the hon. Gentleman sees the Bill, I think he will find that we have very clearly defined those articles of the treaties where a referendum would be required and those where primary legislation would be required. I only wish that the Minister had it in him to welcome the fact—[Hon. Members: “Minister?”] Old habits die hard, I am afraid. I wish the hon. Gentleman would have the grace to recognise that whereas in the Government in which he served decisions to cede powers to the European Union took place on the sofa in No. 10 Downing street, we are ensuring that under this Government it is the British people who will have the final say before any further powers are transferred to Brussels. It will be up to the people, and I wish the hon. Gentleman had as much confidence in democracy and the will of the people as we on this side of the House have.
Chris Heaton-Harris (Daventry) (Con)
Has the Minister read last week’s interesting and very long speech—a state of the Union address—of the President of the European Commission, Mr Barroso? He calls for own resources to be raised by the European Union. What is the Government’s view and will this be subject to the referendum lock?
Mr Lidington
The President of the Commission made his comments in the context of the forthcoming negotiations about the new financial perspectives. The Chancellor of the Exchequer, who will be leading the Government in our approach to those negotiations, has made it clear that we will seek cuts in the European Union budget for the protection of the British rebate and no new European-level taxes.
Steve Baker (Wycombe) (Con)
8. What steps he plans to take to promote self-determination for Kashmir.
Mr Christopher Chope (Christchurch) (Con)
10. What representations he has made at EU level on the affordability of EU external action programmes.
The Minister for Europe (Mr David Lidington)
I recently stressed to the High Representative of the Union for Foreign Affairs and Security Policy, Baroness Ashton, the importance of delivering greater efficiency savings from the merger of European institutions with a view to achieving the agreed goal of budget neutrality. Both my right hon. Friend the Foreign Secretary and I will continue to press this point strongly during our contacts in Brussels and with our European colleagues in other capitals.
Mr Chope
I am grateful to my hon. Friend. He refers to budget neutrality, but I understood from an earlier question that we were talking about budget cuts in the EU. Surely my hon. Friend will accept that nothing is going to be acceptable to people in this country except budget cuts in the EU while we have to make severe cuts to our own British diplomatic service.
Mr Lidington
We believe that the External Action Service should operate only in those areas of policy where collective action at European Union level can genuinely add value to the work already being done by national diplomatic services. We will certainly be looking for economy, but I am sure that my hon. Friend would want to see the secondment of national diplomats, including those from the United Kingdom, to the European External Action Service and not to rely entirely on people transferred in from existing European institutions. That will require a short-term spike in expenditure for the EEAS. The High Representative has committed herself to bringing that down as soon as possible and to seeking 10% cuts in her budget as a first priority.
Mr Nigel Dodds (Belfast North) (DUP)
Does the Minister not agree that it would be totally unacceptable if the UK’s contribution to the EU budget were to rise? Given the fact that we are facing massive cuts in all areas across the board domestically, it must be the case that in this area—and across the board—this country’s contribution to the EU must be cut.
Mr Lidington
I think it is important that we seek the greatest possible value for money and economy in expenditure in every aspect of European Union spending, whether that is in one of the relatively small items of expenditure, such as external action, or in one of the large items, such as agriculture.
Tim Farron (Westmorland and Lonsdale) (LD)
Is the Minister aware of the enormous cost to the British taxpayer of the United Kingdom’s remaining outside the EU’s Schengen agreement? Is he aware, for example, that this year there will be four times more Chinese tourists going to Germany than to the UK because of the additional complications that this absence creates? Will he stand up for tourism businesses in the Lake District, the Yorkshire Dales and other tourist venues in the UK and look to engage with Schengen in a more appropriate manner?
Mr Lidington
My right hon. Friend the Home Secretary, who leads for us on these matters, is very clear that the priority for the people of the United Kingdom should be the maintenance of our own domestic controls over our borders and not giving control of immigration policy to European institutions.
Michael Connarty (Linlithgow and East Falkirk) (Lab)
I am amazed to find out that Schengen has anything to do with the External Action Service. I certainly welcome the Minister’s balanced approach to this matter. In fact, is it not true that in other parts of the EU the complaint is that there is far too much British influence in the diplomatic corps of the European External Action Service? Surely we must commend that, because it will bring a UK perspective to the actions in the EEAS that we should welcome.
Mr Lidington
The hon. Gentleman is right to say that that complaint is frequently heard in Brussels and in other European capitals. What I would say to those Members of the House, on both sides, who, like me—I freely admit it—voted against the establishment of the EEAS is that now that this body exists we should do all that is within our power to help shape it so that it can be used to give greater leverage to British influence throughout the world.
Mark Menzies (Fylde) (Con)
11. What reports he has received on the case of Ebrahim Hamidi, sentenced to death on charges of homosexuality in Iran.
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
T7. As the Foreign Secretary will be aware, Chernobyl Children’s Life Line, the UK charity, provides support for child victims of the Chernobyl disaster. One way in which it does that is to bring children to the UK for recuperative breaks, including regularly to my constituency of Kilmarnock and Loudoun. Unfortunately, there increasingly seem to be problems in allowing safe and easy passage for children coming from Ukraine. Will the Minister agree to meet Her Majesty’s ambassador to Ukraine to discuss how some of those issues can be dealt with and ensure that the situation is ameliorated in the near future?
The Minister for Europe (Mr David Lidington)
I am very happy to follow up the concerns expressed by the hon. Lady and to take advice from Her Majesty’s ambassador in the way that she suggests.
Andrew George (St Ives) (LD)
T6. As we heard earlier, many millions of people depend on the BBC’s World Service, which achieves its very impressive and impartial global reach on a budget that is roughly equivalent to that for three and half fighter jets. Will Ministers at least acknowledge the importance of this vital service to the United Kingdom as the comprehensive spending review nears its completion?
Mr Lidington
The issues that my hon. Friend mentions are obviously important ones that would have to be addressed in the course of Turkey’s accession negotiations. However, the fact that Turkey now has an economic growth rate of 5.5% per annum compared with just 1% per annum in the eurozone indicates that Turkey’s membership of the European Union would help to benefit the prosperity of the British people and help, in some measure at least, to assuage the understandable concern that he expresses about migration.
Mr Andy Slaughter (Hammersmith) (Lab)
Palestinian and independent sources estimate that 50,000 settler homes are under construction in East Jerusalem, where the moratorium does not apply, and more than 2,500 in the west bank, where it supposedly does. If the Government believe that the freeze should be extended to East Jerusalem and beyond September, but the Secretary of State is not prepared to go to Israel to say that, what is he doing to ensure that those two things happen?
European Union (Forthcoming First Session Legislation)
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The Minister for Europe (Mr David Lidington)
There has been a profound disconnection between the will of the British people and the decisions taken in their name by the British Government in respect of the European Union. This Government are determined to reconnect with the British people by making themselves more accountable for the decisions they take in relation to how the EU develops. We plan to decentralise the power from the Government to the British people, so the people can make the big decisions on the direction of the EU. This Government are committed to allowing the British people to have their say on any future proposals to transfer powers from Britain to Brussels.
Her Majesty’s Gracious Speech set out that the Government will bring forward a Bill later in this session which would ensure that in future this Parliament and the British people have their say on any proposed transfer of powers to the European Union. I want to update the House at this stage on the progress made so far in preparing this legislation.
The Government will introduce a Bill which would require that:
(a) any proposed future EU treaty, agreed by all EU member states’ Governments, including the UK Government, which sought to transfer areas of power or competence from the United Kingdom to the European Union would be subject to a referendum of the British people; and,
(b) the use of ratchet clauses or passerelles, provisions in the existing EU Treaties, which allow the rules of the EU to be modified or expand without the need for a formal treaty change, would require an Act of Parliament before the Government could agree to its use.
In addition, I set out in my statement to the House of 6 July, Official Report, column 6-7WS, that the forthcoming Bill would also make provision to enable the ratification by the UK of the EU transitional protocol concerning the composition of the European Parliament, in accordance with section 5 of the European Union (Amendment) Act 2008.
Other EU member states, such as Ireland, France and Denmark already require referendums on changes to the EU treaties in certain circumstances. Our legislation will set out in detail the circumstances in which a referendum would be required, and how Ministers would inform Parliament and the public of their decision as to whether a referendum should be held and the clear reasons for their decision. These formal ministerial decisions would be subject to judicial review.
The referendum requirement, or lock, would not catch all amendments or treaty changes. The lock would cover any proposed transfers of competence—the EU’s ability to act in a given area—between the UK and the EU; and transfers of power, such as the giving up of UK national vetoes and moving to majority voting in significant areas, such as in common foreign and security policy. But treaty changes which do not transfer competence or power from the UK to the EU would not be subject to a referendum. For example, accession treaties that transfer competences and power from the acceding country to the EU, and which only amend treaty provisions to the extent necessary to facilitate the accession, do not transfer competence or power from the UK to the EU, and so consequently would not be subject to a referendum. The transitional protocol on the composition of the European Parliament, which would temporarily amend the number of MEPs, does not transfer any competence or power from the UK to the EU and so consequently would not be subject to a referendum.
The coalition programme says that the Government will ensure that there will be no transfer of competence or power from the UK to the EU during this Parliament; and so there will be no such referendum during this Parliament. A referendum would be required only if the Government supported a proposed change and if that change transferred power or competence from the UK to the EU, and would be held before the Government ratify such a change, or in the case of major ratchet clauses, agree formally to the use of the clause in the Council. As any EU treaty needs the unanimous agreement of all EU member states including the UK, where the Government oppose any proposed treaty change, a referendum would not be required.
The coalition agreement contains a clear commitment that this Government will not join, or prepare to join, the Euro in this Parliament; nor will this Government agree to the UK’s participation in the establishment of any European Public Prosecutor. Furthermore, this Government will ensure that any future proposal to do either of these will require a referendum of the British people. In addition, any proposal which would mean the UK giving up its border controls, or any proposal to adopt a common EU defence policy, would also require a referendum of the British people before the Government could agree.
The Government will propose in this legislation that an Act of Parliament is required before ratchet clauses are put into effect. This will give Parliament more power over the decisions being taken by the Government. Germany has a very similar policy already in place: to give the German Parliament more of a say over EU decision-making, Germany has identified some areas that require legislation or parliamentary approval either before or following adoption by the EU of these ratchet clauses.
There is no one agreed definition of a ratchet clause; some provide for a modification of the EU treaties without recourse to formal treaty change, others are one-way options already in the treaties which EU member states can decide together to exercise and which allow existing EU competence or powers to expand. Examples include clauses which would add to what can be done within existing areas of EU competence, such as the ability to add to the existing rights of EU citizens; and clauses on the composition or procedures of EU institutions and bodies, such as a change to the number of European Commissioners. Where a ratchet clause would amount to the transfer of an area of competence or power from the UK to the EU, such as the clause which would allow certain decisions in common foreign and security policy to be taken by majority voting rather than by unanimity, we will also propose subjecting that ratchet clause to a referendum of the British people before the UK can agree to its use.
This Bill would allow the UK to continue to play a strong and positive role in the EU (just as their arrangements allow other member states to do so) while increasing the accountability and democratic legitimacy of the EU. This Bill would ensure that the British people are able properly to have their say on any future transfers of competence or power from the UK to the European Union.
EU Foreign Policy Meetings
David Lidington Excerpts(13 years, 8 months ago)
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The Minister for Europe (Mr David Lidington)
There will be a series of EU foreign policy meetings in September.
10 to 11 September: Informal meeting of EU Foreign Ministers “Gymnich”. My right hon. Friend the Foreign Secretary will attend.
10 September: Foreign Affairs Council (FAC). The Under-Secretary of State for Business, Innovation and Skills, the Minister with responsibility for employment relations, consumer and postal affairs, the hon. Member for Kingston and Surbiton (Mr Davey) will attend. The Department for Business, Innovation and Skills will table a written ministerial statement on this prior to the FAC.
13 September: General Affairs Council (GAC). I will represent the UK.
16 September: European Council: My right hon. Friends the Prime Minister and the Foreign Secretary will attend.
Gymnich: 10-11 September
The Gymnich will be co-chaired by Baroness Ashton and the Belgian Foreign Minister, Vanackere. The main item will be the EU’s relations with strategic partners, in preparation for the European Council. The meeting will also discuss Pakistan, Turkey and the workings of Foreign Affairs Councils. There will also be a meeting with EU candidate countries. Other topical issues—middle east peace process and western Balkans—may be discussed. But, because it is an informal meeting, there will be no conclusions.
General Affairs Council (GAC): 13 September
The GAC, chaired by the Belgian presidency, will predominantly cover final preparations for the September European Council which will discuss EU relations with strategic powers and include a Heads lunch discussion on economic governance.
President Van Rompuy will join Ministers over lunch where we will stress the importance of having substantive foreign policy outcomes at the September European Council. The GAC will also take a first look at the October European Council which will review President Van Rompuy’s economic governance taskforce, prepare for the Cancun meeting on climate change and November’s G20 meeting in South Korea.
European Council: 16 September
My right hon. Friend the Prime Minister will report to the House following the meeting of the Council.
EU Explanatory Memoranda 9 June 2010 - 9 July 2010 (Correction)
David Lidington Excerpts(13 years, 9 months ago)
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The Minister for Europe (Mr David Lidington)
I regret that the written ministerial statement given on 15 July 2010, Official Report, column 41 WS, contained a factual error:
Meetings of the Lords Select Committee on the European Union commenced on Tuesday 22 June 2010 and not on Tuesday 29 June 2010 as stated.