European Union Bill

Dominic Raab Excerpts

Tuesday 7th December 2010 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

I welcome the Bill. It needs some work before I will be in a position to support it on Third Reading, but it provides a base on which to build.

In the time available, I should like to make four points on the substance. First, many hon. Members said of the significance condition that “significant” is not defined. Given how the previous Government reneged on their promised referendum on the Lisbon treaty—Opposition Members who are finally returning to their seats will have heard that—it would be wise to legislate for the maximum certainty practicable. Will the Minister briefly set out the range of practical options presented by officials for catering with that residual uncertainty?

Secondly, on the selective list of policy areas that trigger a referendum, in 2014, the UK must decide whether to cross the Rubicon on an important justice and home affairs measure. We will need to decide whether to accept European Court of Justice jurisdiction over police and justice measures that pre-date the Lisbon treaty, or to opt out entirely. That is a monumental choice. Do we retain our British justice system, or do we embark on a road that leads to a pan-European model? Under the Bill, that decision would not trigger a referendum. On anyone’s reckoning, that is a critical fork in the road, and it must be included in the list of matters that require a referendum, and the decision must be taken by the British people.

Thirdly—this is also on justice and home affairs—under the Bill, there are only a few matters on which Parliament must approve a decision to opt in. For example, the decision to opt in to the European investigation order would not require Parliament’s approval. Immigration and asylum, on which the EU is driving forward far-reaching changes that will dilute our border controls if we opt in, are also left out. Each of those policy areas is important, and each requires proper parliamentary debate and approval before further powers are handed over to Brussels.

Fourthly and finally, the intention behind the declaration of parliamentary sovereignty in clause 18 is welcome. However, has the Minister considered the warning that Professor Tomkins gave to the European Scrutiny Committee? He highlighted the risk that by legislating to safeguard sovereignty solely in the context of the EU, the courts may infer that Parliament cares less about sovereignty in respect of, for example, the expansion of human rights law and judicial legislation from the Strasbourg Court. That is one more reason for replacing, or at the very least amending, the Human Rights Act 1998. More generally, the Bill does nothing to defend the erosion of sovereignty by the European Court of Justice, and is confined to legislative transfers of power.

That said, my cup is half full. This is a point of departure, not the point of arrival, and I commend the Government and Ministers for breaking new ground with the Bill.