European Union (Approvals) Bill [Lords]

Emma Reynolds Excerpts

Monday 4th February 2013 Commons Chamber

[Mr William Cash (Stone) (Con)]

I first want to refer, in the context of the Bill, to the referendum announced by the Prime Minister. We have heard much about the 2011 Act. I opposed it during many of its stages, because I believed that although it had a so-called referendum lock, in practice it would not deal with the kinds of things we are now besieged with, particularly those measures that are being introduced into the political core of Europe—the eurozone—that affect the United Kingdom but that, because they do not refer to the United Kingdom, do not require a referendum, however significant their impact on the United Kingdom. In fact, the European Scrutiny Committee, which I have the honour to chair, produced a report on that very question and we remain extremely concerned about the effect of allowing legislation to go through without a referendum on the specious grounds that a transfer of powers is not taking place. This is not just about a transfer of powers; a referendum is required when there is a fundamental change.

Interestingly, the referendum announced by the Prime Minister, which I think should take place during this Parliament, is a very good example—indeed, it is a perfect example—of something that does not fall under the 2011 Act. However, it is the opinion of the Prime Minister—it is certainly my opinion and that of many hon. Members present—that the proposals that are about to be announced, or that he thinks are likely to be announced, as well as what has already been transferred, the structure of the treaties and the impact of the provisions, past and present, on the United Kingdom, should be subject to a referendum, because of the unfortunate, aggregate effect that they continue to have on the United Kingdom.

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

The hon. Gentleman is extremely kind, as ever, in giving way. Would he like a referendum on the Bill under discussion?

[Mr Cash]

I did not say that. What I said was that the referendum that the Prime Minister has announced goes outside the provisions of the 2011 Act, and I am glad to say that that demonstrates that, where there is fundamental change, he recognises—with some help from his friends— that a referendum is a requirement, even though it is not taking place as early as some of us would like.

--- Later in debate ---

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

It is a great pleasure to take part in this wide-ranging debate on the Bill. Two of the three measures we have considered are fairly uncontroversial. The Minister for Policing and Criminal Justice has rightly said that the changes are not far-reaching and are largely technical. However, as was pointed out by the hon. Members for Daventry (Chris Heaton-Harris), for Cheltenham (Martin Horwood) and for North East Somerset (Jacob Rees-Mogg), and my hon. Friend the Member for Luton North (Kelvin Hopkins), the third proposal—on the number of European commissioners—is more controversial and significant. I will come to that measure in due course.

The draft decision to give legally binding effect to the online version of the Official Journal of the European Union—notwithstanding the necessity to ensure that arrangements are in place for an electronic signature to be added to the online version to ensure authenticity—has come quite late in the day. Given that we are well into the 21st century—even if some hon. Members might wish to dispute this, or wish to go back in time—and given that the Minister for Policing and Criminal Justice reminded us, with a little help, that there are 27 member states of the EU and 23 official languages published on a daily basis, the proposal for an online legal version might have been made earlier. We welcome the decision and support the Government in signing up to it. We are sure that it will facilitate a more efficient and economical legal publication and communication of legislation, other adopted Acts, information and notices, European Court of Justice judgments and invitations to tender for contracts. Given the climate change legislation we passed in government and the EU targets we have signed up to, I hope that printing fewer paper versions of the Official Journal will go some way to contributing to reaching those targets.

Before I attended this debate, I thought the draft Council decision to establish a new multi-annual framework for the EU Fundamental Rights Agency for the period 2013-17 was relatively uncontroversial. Labour Members, at least, think it is a sensible way forward. The hon. Member for Christchurch (Mr Chope) mentioned the issues drawn out by the explanatory memorandum from the Justice Minister, Lord McNally—I tend to agree with him—who said that the agency

“provides a useful tool in measuring the impact of EU legislation on fundamental rights across Europe including, as appropriate, in candidate countries”.

The Council of Europe is not required to take on that role. The hon. Member for Stone (Mr Cash) cited the example of the FRA’s comparative legal analysis of the position for gay, lesbian, bisexual and transsexual people across EU states. This is a serious issue and a useful report. You will not be surprised to hear, Mr Deputy Speaker, that I am not in agreement with either the hon. Member for Stone or for Christchurch.

[Mr Chope]

I do not know how familiar the hon. Lady is with the Council of Europe and the work of the Parliamentary Assembly, but it comprises 47 countries. All the applicant states for membership of the European Union are members of the Council of Europe. The Council of Europe staff are currently dealing with all the issues she has described, but they do not have the extra resource that is now being put into the FRA.

[Emma Reynolds]

I assure the hon. Gentleman that as the shadow Minister for Europe I am well aware of the Council of Europe and its composition of 47 members, and I am well aware of its work. I will say again to the hon. Gentleman that I disagree with him. The Council of Europe does not have a role in measuring the impact of EU legislation, something I was just pointing out. If he checks the record, he will see that that is fact, not opinion.

The third draft decision is more controversial and relates to the number of European Commissioners. I agree with the hon. Member for Stone that this issue has been debated over and over again, not least during the most recent treaty change. It is an issue of great sensitivity for both small and large member states. The Lisbon treaty provided that from 2014—in other words, from the next European Commission—the number of European Commissioners should be two thirds the number of member states. That was the position we came to at the end of the negotiations on the Lisbon treaty. However, as we know, Ireland asked for a change to this provision, and a guarantee that each member state would keep its commissioner in the years to come.

As hon. Members have said, there are two sides to this argument. Some argue that it is too cumbersome, unwieldy and inefficient to have one commissioner per member state, especially given that the EU is now composed of 27 member states—soon to be 28 later this year. Arguments have been put forward, particularly powerfully by smaller member states, that having one commissioner for each member state is the only way to secure equality. That is the Republic of Ireland’s position. As the Minister for Policing and Criminal Justice said in his opening speech, there is a case for looking at the possibility of introducing some degree of seniority in the college of commissioners. We have also advocated the creation of a Growth commissioner in the Commission. As the explanatory notes set out—this relates to the intervention made by the hon. Member for The Cotswolds (Geoffrey Clifton-Brown)—the draft decision will not apply beyond 2019, and will cease to apply if the EU reaches 30 or more member states, whichever comes earlier. My best guess is the former.

The issue is certainly still live, sensitive and controversial. I am sure it will be the subject of ongoing debate in years to come, so I do not think today’s debate in this House is the end of the matter. We will have to see which direction the debate takes. There are two sides of the argument and we want to respect the sensitivities of smaller member states. That being said, I met the Danish ambassador earlier. She reminded me that Denmark’s position during the Lisbon treaty negotiations was that although it preferred to have its own commissioner, it was willing to give that up—not permanently, but on a rotating basis—if that meant that the European Commission and its college of commissioners could operate in a more efficient manner. I therefore think that this will be considered before we get to the 30th member state or beyond, as the hon. Gentleman mentioned.

We support the Government’s intention to approve the three draft decisions, and we support the Bill’s Second Reading.

--- Later in debate ---

[Mark Simmonds]

I am not sure I share that analysis, and I am quite sure that the Prime Minister thinks extremely highly of my hon. Friend the Member for Stone, who was right not only to underline the importance of scrutiny, as other Members did, but to point out that the Government reflected on his Committee’s suggestions —a good example of scrutiny working—and introduced proposals to pass primary legislation in the way that he and his Committee suggested.

We then heard from my hon. Friend the Member for Christchurch (Mr Chope), who detailed his thoughts and criticisms of how the FRA worked. I want to put on the record one or two facts in order to add to the debate that he will clearly have in Committee. The proposals do not expand the agency’s remit, but agree to a plan without which we would have much less control over its work. His example of wasting EU taxpayers’ money in the way he alluded to is sadly not the only example he could have given. This is not a new agency, and the funds flow from the EU budget, which, as he will know, is under intense scrutiny and pressure from my right hon. Friend the Prime Minister in order to ensure that UK taxpayers’ money is spent wisely and for the purposes for which it was intended—an ethos that I know he supports very strongly.

My hon. Friend also wanted to know whom the agency was accountable to. It is accountable to the Council of Ministers, which allocates the budgets. I know that he looks forward to delving in further detail into this matter in Committee.

Finally, we heard from the hon. Member for Wolverhampton North East (Emma Reynolds). Again, I reiterate our thanks for the Opposition’s support. She was right again to highlight the issue of commissioners, although I will not repeat what I said about the position being reviewed when a new Commission is appointed in 2019 or when the number of EU member states exceeds 30, whichever is soonest.

[Emma Reynolds]

Will the Minister set out what the Government’s position will be when the time comes? As I said to the hon. Member for The Cotswolds (Geoffrey Clifton-Brown), I think that 2019 will probably come before the 30th member joins. What will the Government argue for then? Will they argue to retain one commissioner per member state or to reduce their number, as originally set out in the Lisbon treaty?

[Mark Simmonds]

I very much hope that by 2019 the British people will have had a say on what relationship they want to have with the European Union, in the context that the Prime Minister has set out. Depending on the result of that referendum, we will have to assess the answer to those questions and many others at that time.

Let me conclude by quickly setting out the four key tenets of the Bill. It ensures that Parliament has a key role in agreeing three decisions relating to the future of the EU. The UK took a strong line in negotiations on the work plan for the EU’s Fundamental Rights Agency. The electronic version of the Official Journal is faster and more economical than the current, print version. Agreeing to this decision backs the Government’s calls for a more efficient European Union. Agreeing to maintain the number of EU Commissioners will mean that the UK will be guaranteed a commissioner when the next EU Commission is appointed in 2014.

The Government have given full consideration to all three measures. We are satisfied that they are in the best interests of the UK and are sensible and reasonable proposals. None of them has a significant impact. In particular, none will result in any additional financial burdens being imposed on the United Kingdom. This debate is an excellent example of UK parliamentary scrutiny working to the United Kingdom’s benefit in the context of our relationship with the European Union.

Question put and agreed to.

Bill accordingly read a Second time.

European Union (Approvals) Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the European Union (Approvals) Bill [Lords]:

Committal

1. The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on Consideration and Third Reading

2. Proceedings in Committee, any proceedings on Consideration and proceedings on Third Reading shall be taken in one day in accordance with the following provisions of this Order.

3. Proceedings in Committee and any proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

4. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming committee

5. Standing Order No. 83B (Programming committees) shall not apply to the proceedings on the Bill in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings

6. Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed. —(Mr Swayne.)

Question agreed to.