European Union (UK Permanent Representative)

Edward Leigh Excerpts

Tuesday 10th May 2011 Westminster Hall

[Mr David Nuttall (Bury North) (Con)]

rose—

[Mr Edward Leigh (in the Chair)]

The hon. Gentlemen may speak if they have had the permission of the hon. Member for Clacton (Mr Carswell).

[Chris Heaton-Harris (Daventry) (Con)]

I congratulate my hon. Friend the Member for Clacton (Mr Carswell) on securing this 30-minute debate. I come at the subject from a slightly different perspective because, in my former life, I was a Member of the European Parliament and spent 10 years working with some of the officials who performed in the role of the permanent representative.

I have a relatively close friendship with the current incumbent, Sir Kim Darroch, who is a brilliant diplomat. We should not underestimate the brilliance and intellect of some of the top mandarins who have pushed themselves forward and have gone into such roles. Nor should we underestimate their independence. We can, however, take something from the European institutions. When we appoint European Commissioners, they must go through a confirmation process in the European Parliament, to which they supposedly answer. The United States, too, has confirmation processes for all the top appointments.

My hon. Friend is not going as far as he should: when we have a change of Government, we need a change in the Administration at the same time. We need to bring in people who truly believe in what that newly elected Government will do, and we need to have proper appointment and confirmation processes for all our top officials. We should not be so timid as to look only at the head of the UK Permanent Representation to the EU, important as it is. We should expand our view to include most top appointments. I have been in trialogues and all sorts of exciting meetings in European institutions; I have seen British representation at its best and at its worst, and I have seen deals done behind the scenes and in front of people.

During the current passage of the European Union Bill through the House of Lords, I noticed a funny noise—the opening of the tombs of the Cross Benchers and all those who had served in our diplomatic service before they reached that place. I then noticed the amazing energy and dislike for the number of referendums placed into the proposed legislation—a distrust of the people and, indeed, of their elected Government—and the desperate attempts to change the legislation passed in this House.

Those people were exhibiting the problem identified by my hon. Friend. They do not like the subtle change going on, with the European Union Bill providing a lot of referendum locks on transfers of competence from Britain to Europe in many policy areas. They are the Hugo Young college of Europe-type persons: they have been through the process, might rely on a European pension and enjoy going out with fellow diplomats everywhere. I worry about the influence of our current top civil servants, so I very much welcome my hon. Friend’s ideas.

[Mr Edward Leigh (in the Chair)]

Another hon. Member wishes to speak and I intend to give the Minister at least 10 minutes to reply, which is only fair, so perhaps the hon. Gentleman will bring his remarks to a close shortly.

[Chris Heaton-Harris]

I had just done so.

--- Later in debate ---

[Mark Reckless]

Would the Minister include in that description of UKRep’s various diplomatic successes negotiation of the euro bail-out funds around the weekend of 10 May last year?

[Mr Edward Leigh (in the Chair)]

Order. This debate is about the appointment process for the UK permanent representative. It is perfectly in order for hon. Members and the Minister to introduce the subject, but we must now return to the appointment process, which is the subject of the debate.

[Mr Bellingham]

Thank you, Mr Leigh. I will return to the subject of the debate, but if my hon. Friend the Member for Rochester and Strood (Mark Reckless) writes to my right hon. Friend the Minister for Europe, I am sure that he will provide a detailed response, which I do not have time to do now.

Work continues with the development of a reformed and effective neighbourhood policy on the back of the Arab spring, which will continue to require skilful and proactive negotiation from UKRep. In the area of economic policy, the permanent representative and his team played a vital role in ensuring that the Prime Minister was able to secure positive and robust language in December for the next financial perspectives. They also developed a broad level of consensus for the Prime Minister’s joint letter on growth ahead of the spring European Council. Similarly, UKRep played a vital role in preparing the ground for a good set of European Council conclusions on the euro-plus pact.

My hon. Friend the Member for Clacton made various comments and assertions about particular officials and their roles in negotiations on EU issues. The topic for debate today is the appointment process, not the policies, as you rightly pointed out, Mr Leigh, so I will not dwell on the policy issues that my hon. Friend raised, and I will not comment on individual civil servants. However, what is clear to me is the importance of the distinction between the roles of Ministers and officials. Ministers take decisions on policies, and are accountable for them to Parliament. Officials in UKRep then negotiate within the mandates and instructions that Ministers have provided. Those mandates are adjusted and updated as the negotiations progress, but it is a myth that UKRep has the freedom to operate outside the negotiating mandates that they receive from Whitehall, or to make independent judgments about compromises or deals.

The House of Commons has the opportunity, through its excellent European Scrutiny Committee, which is under the proactive and assiduous chairmanship of my hon. Friend the Member for Stone (Mr Cash), to set out its views on European documents ahead of agreement. The Committee has the right to ask for a debate in Standing Committee or on the Floor of the House. This Government value the work done by Parliament on EU work, as it is fundamental to making the Government of the day more accountable to EU decision-making, as well as to making the EU process more transparent.

My right hon. Friend the Minister for Europe made a statement along those lines to the House on 20 January, and encouraged the Government and Parliament to explore ways in which Parliament’s scrutiny role could be further strengthened on EU issues, including on justice and home affairs. That is the right way for Parliament to be satisfied that, through ministerial accountability, officials throughout Whitehall and posts—including the Permanent Representation—are promoting the national interest effectively in the EU.