Treaty on Stability, Co-ordination and Governance

Emma Reynolds Excerpts

Wednesday 29th February 2012 Commons Chamber

[Emma Reynolds (Wolverhampton North East) (Lab)]

I congratulate the hon. Member for Stone (Mr Cash) on his innovative use of House procedures to secure this debate. In fact, it would have been unnecessary for him to use such innovation if the Government had agreed to re-establish the pre-Council debates that Labour held when it was in government.

I welcome the opportunity to debate this important issue. The Opposition would not usually want to intrude on the private grief of the Conservative party, or indeed of the coalition, but we nevertheless have a duty to point out the inconsistencies in the Government’s position. I might not always agree with the hon. Gentleman, but I sympathise with him today, because the only thing that is clear is that the Government’s position is manifestly unclear.

The fighting talk we heard from the Government in December and January flies in the face of reality. Ministers loyally and repeatedly rehearse the script that the Prime Minister vetoed the use of the European institutions. The Foreign Secretary was categorical in his assertion that EU institutions were reserved for the use of the 27. He stated:

“What we are clear about is this, that the institutions of the European Union belong to the 27 member states”.

On the eve of the January European Council, the Secretary of State for Work and Pensions, who is listened to closely on those issues by Conservative Members, could not have been clearer. He said:

“The fact is the prime minister vetoed them using the institutions”.

The Chancellor took to the airwaves just hours after the January European Council ended, saying, without hesitation and seemingly without equivocation:

“If we had signed this treaty…we would have found the full force of the…European Court, the European Commission, all these institutions enforcing those treaties, using that opportunity to undermine Britain’s interests…We were not prepared to let that happen”.

[Martin Horwood]

The hon. Lady makes a robust call for clarity on policy. Can she confirm whether the Labour party is in favour or against the use of EU institutions by the 26?

[Emma Reynolds]

If only the position of the Liberal Democrats were clear on that matter—[Interruption.] I will come to that.

There was a guarantee from the top of the Government that EU institutions would not be used—I hesitate to describe it as a “cast-iron” guarantee, because it might upset some Conservative Members, but none the less, the position seemed to be clear. The evidence seemed compelling and the Government seemed to be clear what they were saying, but how quickly things unravelled—on the European Commission, on the use of the buildings and on the role of the European Court of Justice. One by one, the Government’s guarantees faded into yesterday’s headlines, and their empty rhetoric was painfully exposed.

[Mr Baron]

The shadow Minister will accept that the fiscal compact is designed to save the euro. Could we therefore have clarity on the official Opposition’s position on the euro? Given that all the economic evidence and the 85 currency devaluations since the second world war show that countries that have left a currency bloc benefit, and given that Greece desperately needs a devaluation, will she explain why she supports the cry to save the euro when that policy serves only to make the austerity packages worse?

[Emma Reynolds]

Unlike the hon. Gentleman, the Opposition believe that the stability and preservation of the eurozone is in our country’s interests. If those countries took on their former currencies, there could be a disastrous impact on our economy. I do not agree with him.

David Cameron walked out of the negotiation at the—

[Mr Bone]

Who?

[Emma Reynolds]

I am sorry. I meant the Prime Minister. I do apologise.

[Mr Baron]

Will the shadow Minister give way?

--- Later in debate ---

[Emma Reynolds]

Not for a minute—I have taken a couple of interventions already.

The Prime Minister walked out of the negotiation at the December Council with no additional guarantees or safeguards to protect British interests; no protections on the single market; no additional safeguards for financial services; and not even a seat at the table of eurozone meetings to ensure that we had a voice, if not a vote. In short, he gained nothing apart from the short-lived praise of some Conservative Back Benchers, but even that is changing.

Article 8 of the new treaty states that the Commission, the European Court of Justice and the buildings will all have a part to play in the working of the fiscal compact. In fact, the Government’s representative in Brussels, Sir Jon Cunliffe, stated in a letter to the European Council that articles 3, 7 and 8 all make explicit reference to the role of the EU institutions in the fiscal compact.

Despite profound confusion over the Government’s interpretation of the legal basis for the treaty, the treaty is clear. According to the terms of reference set out in the text of the agreement to be signed tomorrow, the fiscal compact will rely on the operation of the EU institutions upholding the terms and workings of the agreement. The Europe Minister told the European Scrutiny Committee last week that one can argue about the politics of the terms, but they amount to a promise by 25 countries that they want to support doing certain things under the European treaties. He said that in those cases, the use of the European institutions is, by definition, already authorised.

[Andrew Percy (Brigg and Goole) (Con)]

Will the shadow Minister give way?

[Emma Reynolds]

Not for a minute.

Will the Minister therefore state clearly, and once and for all, whether the Government believe the legal status of the agreement, as set out in the terms of the fiscal compact, and specifically in the articles I have cited, is wrong? If it is wrong, what will the Government do to correct it? If they will do nothing to correct it, are we right to assume that that is their way of quietly admitting that they have been forced into a humiliating U-turn?

[Mr Baron]

Will the shadow Minister give way?

[Emma Reynolds]

I will not give way. I have given way once to the hon. Gentleman already.

At least the leader of the Conservatives in the European Parliament, Martin Callanan, has been clear. He said:

“There is no doubt that the government’s position has altered since the December summit, when they were insisting the institutions could not be used…I blame a combination of appeasing Nick Clegg, who is desperate to sign anything the EU puts in front of him, and the practical reality that this pact is actually quite hard to prevent.”

Does the Europe Minister therefore agree with the analysis of his party’s leader in the European Parliament?

[Andrew Percy]

Will the shadow Minister give way?

[Emma Reynolds]

Not for the minute.

Does the Minister agree with what the Deputy Prime Minister said on “The Andrew Marr Show” in December? He said:

“Well it clearly would be ludicrous for the 26, which is pretty well the whole of the European Union with the exception of only one member state, to completely reinvent or recreate a whole panoply of new institutions.”

Perhaps there is more agreement between Martin Callanan and the Deputy Prime Minister than first meets the eye. They both believe, as the Opposition do, that the Government have flip-flopped. Despite their initial bravado, they have been unable to veto the use of the institutions.

[Henry Smith]

I have waited patiently since the intervention from my hon. Friend the Member for Basildon and Billericay (Mr Baron) to hear exactly what the official Opposition policy is on the fiscal treaty. Incidentally, is it still official Opposition policy to join the euro?

[Emma Reynolds]

The shadow Chancellor has made it clear that we do not think we will join the euro in his political lifetime.

The ultimate irony is that the Prime Minister, who has previously been so scathing of the EU, has now been reduced to relying on that institution to be the last line of defence in the protection of British interests, because the EU, unlike him, will be in the room. The UK will be barred from key meetings, rendering us voteless and voiceless in future negotiations. Without being in the room, we stand little chance of knowing—let alone influencing—whether eurozone Ministers will stray into areas of decision making that affect the 27.

The Opposition are right to be concerned at that prospect and to doubt the effectiveness of such a system in protecting British interests, and we are right to ask questions on how that situation was allowed to happen.

[Andrew Percy]

The shadow Minister said strongly and clearly that she believed the euro needed to be saved, and that any country leaving the euro would have a negative impact on our country and economy. What evidence does she draw on to support that assertion?

[Emma Reynolds]

A disorderly default by any member of the eurozone could have disastrous implications for that country and knock-on effects for the rest of the EU. There would be a contagion effect that the hon. Gentleman would be naive to think would not take place.

We are right to stress that the response by the Government and centre-right Governments across the EU to the eurozone crisis has been economically inadequate, and any worsening of the crisis will have a devastating impact on our economies. Although we welcome the fact that in January the European Council spoke about the need for growth and jobs in order to ensure the recovery of the eurozone, we are concerned that this is merely an add-on to the current deal rather than an integral part of it. In the light of that, will the Europe Minister comment on the position of the French Socialist presidential candidate, who is visiting the UK today and urging EU member states to reopen the treaty to include more commitments to growth and jobs?

I will cite the words of one Member of the House who seems to share our deep scepticism about the consequence and cause of the Prime Minister’s diplomatic defeatism last December—the Deputy Prime Minister. Earlier this month, he explained:

“The language gets confusing. Veto suggests something was stopped.”

The phantom veto of December has now been exposed. He also said that over time the treaty would

“be folded into the existing EU treaties so you don’t get a permanent two parallel treaties working separately from each other…We all see this as a temporary arrangement rather than one which creates a permanent breach at the heart of the EU.”

According to him, the Prime Minister’s walkout in December was a temporary arrangement.

The crux of the issue was eloquently and pithily expressed by the hon. Member for Rochester and Strood (Mark Reckless) the day after the 30 January European Council, when he asked the Prime Minister:

“Will the Prime Minister explain what it is that he has vetoed?”—[Official Report, 31 January 2012; Vol. 539, c. 687.]

Nothing, it seems. The Government Back Benchers who gave the Prime Minister a hero’s welcome in December have now realised that he did not prevent anything from happening. We said at the time that his walkout was not an expression of the bulldog spirit but a form of diplomatic defeatism.

[Mark Reckless (Rochester and Strood) (Con)]

Is the hon. Lady aware of one thing that the Prime Minister seems to have achieved with this veto—as it has been described? In Ireland, the Irish Attorney-General has said that the fact that the compact is outside the EU treaties has influenced the advice that Ireland needs a referendum.

[Emma Reynolds]

That suggests that the Prime Minister’s influence is greater than it is. It is up to the Irish people to decide whether to accept the treaty, whether within the European treaties or outside.

Despite the penny dropping with everyone else, the Prime Minister resolutely clings to his phantom veto. At the press conference after the January European Council, he said:

“There isn’t an EU treaty because I vetoed it; it doesn’t exist.”

That flies in the face of the evidence. The European treaty involves 25 out of 27 of the member states. It involves the European Commission and the European Court of Justice. It sounds like a European treaty; it walks like a European treaty; it clearly is a European treaty. The Deputy Prime Minister is at pains to describe this situation as temporary, but in truth he was powerless to prevent the Prime Minister from putting the Conservative party interest above the national interest, as it was reported he was advised to do by the Foreign Secretary.

[Bob Stewart (Beckenham) (Con)]

Does that mean that the official Opposition would be happy with the treaty, leave it as it is and do nothing?

[Emma Reynolds]

We have made it clear that we are not happy with the treaty. We would not have walked out of the negotiations in December when a text was not even on the table. We would have negotiated a different treaty. We believe that this is a fiscal straitjacket like the one that the Government are putting on our country, and it is not in the interests of the eurozone or the UK.

As a result of the Government’s actions, Britain has never been so excluded from decisions affecting its vital national interests. That is bad for British business, bad for jobs and bad for families across the country. No British Government, regardless of political colour, have been as complacent as this Government about the emergence of a two-speed Europe. By putting party interest above the national interest, the Prime Minister has rendered the Government dependent on what could be described, euphemistically, as the Conservatives’ least-favourite institution—the European Commission—to protect the UK from decisions being taken without us even being in the room. Even Baroness Thatcher, a staunch critic of the EU, understood that being in the room was of paramount importance. She would never have relied on the European Commission to defend the British national interest.

[Andrea Leadsom (South Northamptonshire) (Con)]

I find the Opposition’s stance rather astonishing, because it focuses only on micro-details and fails to address the big picture. As an eternal optimist, I feel that the big picture—the opportunity for Britain—has rarely been better, because real change is in the air. As a banker by background, I have very real concerns about the prospects for the euro’s survival, and I think that the European Central Bank’s long-term repo arrangements will not endure beyond the first roll-over and may well collapse long before then. But regardless of the outcome for the euro in the short to medium term, there is no doubt that change is in the air.

I should mention to the shadow Minister that, as I am sure she realises, the treaty is not an EU treaty but a fiscal compact treaty that does not include all the EU member states. She did not seem to make that clear. The fiscal compact treaty will create a euro summit for those who are part of the eurozone and those who have ratified that treaty. The euro summit will consider things such as competition and structures, and inevitably will, therefore, be a forum for caucusing. That is almost inevitable. So change is in the air.

I take great pleasure in the fact that, because change is in the air, there is the opportunity for change for Britain too. The prospect is no longer of a two-speed Europe but of a multi-tier Europe—in respect not just of those in the eurozone and those outside it but of those in the Schengen arrangement and those outside it, and of those great fishing nations interested only in the common fishing area and those who wish to be excluded from it. A multi-tier Europe in which member states can pursue their own particular interests but join together in areas of common cause is the opportunity facing us.

I am delighted with everything I hear from our Government about our approach to that. We should welcome and support those in the eurozone area who wish to work more closely together on further fiscal integration to support their currency, and we should also be pressing for change in the best interests of Britain. In that context, I want briefly to mention the work of more than 120 Conservative Back Benchers in forming the Fresh Start project. I pay tribute to my hon. Friends the Members for Daventry (Chris Heaton-Harris) and for Camborne and Redruth (George Eustice). The three of us, together, have been pulling together an enormous project that looks at every single policy area under the EU and attempts to determine where it acts in Britain’s interests, where it goes against Britain’s interests and what the options are for change. To my knowledge, such work has not been done for a good long time. It was astonishing that the shadow Minister could not come up with any detail, but could only nit-pick at what the Prime Minister has been doing.

I also pay tribute to the hon. Member for Dunfermline and West Fife (Thomas Docherty), who sits on the shadow Minister’s side of the House and who has become co-chair with me of an all-party group. That group has seen significant engagement from both sides of the House in the interests of EU reform and what could be a better deal for Britain.

[Emma Reynolds]

I would like to make it clear to the hon. Lady, who is making an eloquent speech, that the Opposition are in favour of European reform, but not the same kind that she is. For example, we are not in favour of repatriating European social policy, and we also think that, even were it desirable, it would be a pretty unrealistic aim.

[Andrea Leadsom]

I am glad that the hon. Lady made that intervention, because I can assure her that the all-party group on European reform, with which her hon. Friend the Member for Dunfermline and West Fife other Labour Members, Government Members and Members across the House are closely involved, is investigating the options for change. It is not a campaign group but an investigative group. It is a disappointment to me and to others that the hon. Lady has not engaged in that debate, because we have turned up some extremely interesting facts.

As the devil in the EU is in the detail, I would like briefly to mention three areas. The first is financial services. Before the financial crisis, the single market for financial services was a very good thing. It significantly added to British GDP, as well as the GDP of Germany, France and Italy. All the change at EU level was about creating a better single market, including in UCITS—undertakings for collective investment in transferable securities, the most successful financial services export from the UK ever.

Financial services had great legislation; however, since the financial crisis the EU has turned to stopping, slowing down, preventing and shutting down financial services, almost in a sort of act of revenge against the bankers. Indeed, I have heard many EU politicians talking about how City-style financial services are to blame for the problems they have found themselves facing. However, that is simply not true, and our Prime Minister did absolutely the right thing for British businesses and the British economy by standing up for financial services and seeking the safeguards that would enable us to protect the industry, which employs a total of nearly 2 million people in this country and contributes 11% of our GDP on an ongoing basis. He therefore did absolutely the right thing, entirely contrary to what the shadow Minister suggested.

Secondly, the shadow Minister mentioned social policy and the working time directive, and said that the all-party Fresh Start group would repatriate those powers. Not true: we are looking at what the options for change are. She will know, as do many people, that trainee doctors in the NHS are severely hampered. In fact, a coroner in the west country recently attributed the death of one elderly gentleman to the working time directive, which had meant that not enough doctors were on call and that the two doctors on duty were seeing 300 to 400 patients between them. Change is therefore vital.

My third and final point is about structural funds, where we now have a genuine opportunity. Back in 2003, the hon. Lady’s Government’s policy was to repatriate the local element of structural funds. In Britain we have been contributing €33 billion to structural funds over the past seven years. Some €9 billion comes back to the UK, but that is decided by the EU. What on earth is the point of that? We can decide best where to allocate that €9 billion. Interestingly, some of our poorest regions are net contributors to structural funds, not net beneficiaries, so the potential for reform is massive.

--- Later in debate ---

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

I rise not to detain the House, as I know that the Minister will shortly be on his feet, subject to other contributions, but because it seems to me, having listened to the majority of speeches in the debate, that the issue under discussion is extraordinarily important—so important, in fact, that I am disappointed not to see more Members on the Opposition Benches.

Be that as it may, and given that the Minister will, on behalf of the Government, shortly respond to the debate, I think it important that he give a direct response to three points that I have listened to during our proceedings. First, there is the point, which my hon. Friend the Member for Wellingborough (Mr Bone) made so ably, about the procedure by which the matter has come before the House. We are fortunate indeed that Mr Speaker yesterday acceded to the request from my hon. Friend the Member for Stone (Mr Cash), whom I too congratulate on securing this debate under Standing Order No. 24. It is perfectly right that he should have sought that liberty and, therefore, that we debate the matter today.

But for the fleet-footedness, as another hon. Member described it, of my hon. Friend, there would have been no opportunity for the House to discuss the matter before the end of the week, when the treaty will be signed by those who choose to do so. Given its provisions, to which I shall turn in due course, that would have been a matter of very grave concern not just to those of us on the European Scrutiny Committee, who look at such matters with great interest and, I hope, care, but to the whole House, albeit that it would have been in ignorance of some points that have been made about the importance of precisely what is going on.

It is a great shame in those circumstances that Government time was not scheduled in advance of the end of this week for the debate to take place. Although I know that it is not directly my right hon. Friend the Minister’s responsibility, I have no doubt that he, who will answer for the Government, has discussed the matter with the Leader of the House, and it is perfectly appropriate that the House be told why no debate was scheduled in Government time. That is the first point that he must answer.

The second point concerns the legality of using the European Union’s institutions in the context of the treaty to which those 25 countries will become signatories. We know, because the Prime Minister has told us, that the Government have their own concerns about whether it is appropriate that EU institutions be used outside the framework of the treaties that already exist for the governance of the European Union.

I understand and accept—the Government are entirely right—that there must be a degree of pragmatism in relation to the aims of the treaty, which we hope will succeed in stabilising the euro, although many Government Members, many Opposition Members, I suspect, and, indeed, many people in the country are concerned that it is just yet another piece of paper, and that all we are doing is putting off the evil day when the euro finally unravels and countries such as Greece, Portugal, Cyprus and perhaps even Italy have to drop out.

Let us assume in favour of those who have put the treaty together and framed its provisions and that it stands some chance of making things better in the eurozone. As my hon. Friend the Member for Stroud (Neil Carmichael) indicated, that is important to all our constituents, because we all want to be able to trade with a successful eurozone. Let us therefore make that assumption in favour of the treaty and those who have framed it.

Even in those circumstances, there still exists the problem of the legality of the use of the institutions of the European Union. I hope that my right hon. Friend the Minister will make it absolutely clear to the House, and through the House to the British public and our partners in Europe, that the Government will not countenance anything that not only damages this country and its interests but is unlawful under the treaties to which we have already subscribed. That is the second point with which he must deal.

The third point is the most important. The treaty is potentially the thin end of a very large wedge. Other Members have alluded to the fact that when the European Union and the faceless bureaucrats in Brussels do not get their own way, they simply look for a solution that is not necessarily lawful but is at least pragmatic, to ensure that what happens is precisely what they want, rather than what the people of Europe want. That has been the hallmark of European governance since the EU was established, and certainly since the Maastricht treaty. We see it very clearly in this case.

My right hon. Friend the Prime Minister was absolutely right to veto the suggestion of any further European treaty that would have damaged the interests of this country and the City of London. When Opposition Front Benchers ask, “What was vetoed?”, as they did earlier in the debate, I say that it is very clear. It was a further European Union treaty that this House does not want and that, more importantly, the people of this country do not want. It would have been damaging to the interests of Britain and all our constituents. It would have been extraordinarily straightforward for the Leader of the Opposition to stand behind the Prime Minister, but he chose not to do so. Perhaps he is fearful of Europe, and perhaps the fact that none of his Back Benchers and almost nobody from the Labour party is here for the debate indicates that Labour is perfectly willing to see imposed upon the British people the same sort of treaty that it gave us in Lisbon without a referendum, having promised one in the first place.

[Emma Reynolds]

Can the hon. and learned Gentleman explain to the House what in the fiscal compact treaty would have applied to the UK, and therefore why the Prime Minister felt the need to veto it?

[Stephen Phillips]

If the hon. Lady had actually read the fiscal compact treaty, and if she had been here when my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) made his speech—I do not think she was—she would know that article 8 of the treaty provided for penalties in relation to countries that are not eurozone members. She would also know that article 16 required the treaty to be rolled into the treaty on the functioning of the European Union within the next five years. That is the thin end of a wedge and indicates clearly to me and other members of the European Scrutiny Committee that in the current case it is possibly being contemplated that the provisions of the treaty will in due course become binding on the United Kingdom, notwithstanding the fact that the UK is not a member of the eurozone. That is the direct answer to her question.

When the Leader of the Opposition says that he would have negotiated further on the treaty, Conservative Members are entitled to ask with whom he would have negotiated. The negotiations had come to an end. Is the hon. Lady saying that the Leader of the Opposition would have negotiated with himself? The Opposition need to stop opposing just for the sake of opposition, and instead stand behind the Prime Minister and his veto and behind debates such as this. With that said, I hope that the—