EU Reform

Debate between Gerald Howarth and William Cash

Tuesday 18th November 2014 Westminster Hall

[Sir William Cash]

The short answer to that is that we do not need to be in the European Union to trade with Europe, because it needs us—for example, in relation to Germany’s export of cars—on a monumental scale. I have already given the figures for the surplus that Germany runs with the other 27 member states. Furthermore, we have a global economy to which we can address our economic and trading concerns, and we are achieving a substantial surplus with the rest of the world, selling the same goods and services. What I am arguing is on the balance of judgment as to whether it is in our interest to subordinate our parliamentary system of government and the democracy that goes with it in order to achieve a trading relationship that at best is extremely debatable and, in certain instances, is positively disadvantageous.

Let me turn to the issue of defence, which is so fundamental to our national interest. Unlike John Cleese’s immortal words in “Fawlty Towers”, “Don’t mention the war”, we must never forget the reasons why we were confronted in two successive world wars by unprovoked aggression from Germany. We must look to the greater historic landscape in our mutual interests and we must look to resolve our real differences about the structure as well as individual issues within the EU.

Ten days ago, at a formal conference in Rome under the Lisbon treaty, comprising chairmen of national parliamentary committees for all 28 member states and the European Parliament, the German delegation formally proposed a defence Commissioner and a defence Council of Ministers and reinvoked the idea of an EU military headquarters. As Chairman of the European Scrutiny Committee, I argued passionately against that, as did the right hon. Member for Gordon (Sir Malcolm Bruce) and the hon. Member for Ilford South (Mike Gapes), the former Chairman of the Select Committee on Foreign Affairs. The British delegation defeated the proposal, but the German delegation insisted that

“it will have to be put back on the agenda at the next conference”

and added ominously that

“Great Britain will simply not be able to maintain their line”.

That harks back to previous German attempts to establish a European defence policy with majority voting and must be repudiated once and for all.

[Sir Gerald Howarth (Aldershot) (Con)]

My hon. Friend is making a very important point because, as he knows, defence is the only area of European activity—I will not call it policy—where the United Kingdom still has a veto, a veto that I twice used to prevent any increase in the budget of the European Defence Agency. But is he also aware that the former Foreign Secretary, our right hon. Friend the Member for Richmond (Yorks) (Mr Hague), and I, at the Foreign Affairs Council meeting, vetoed the idea of an operational headquarters for the EU, because it would have served further to undermine the cornerstone of European defence, which is the North Atlantic Treaty Organisation? We must resist any further attempt by the Germans, the Poles or the French to create a defence identity within the EU.

[Sir William Cash]

We are all indebted to my hon. Friend for his time in the Ministry of Defence. What he said is well known to me, but ought to be better known outside the House. This is crucial. The question, whether we have an EU military headquarters moves us into very dangerous territory. I will show my hon. Friend the full transcript of the exchanges between me and the German delegation on this matter. I do not have time to go into it now, but I can assure him that I set out some very powerful arguments, including by making reference to article III of the 1990 treaty, which dealt with the question of the restrictions on Germany in relation to the manufacture and distribution of nuclear weapons, which went back to the original NATO treaty of 1949. Also, of course, I mentioned in particular the role of NATO in relation, for example, to the Baltic states and the rest of it. NATO is there; it is the cornerstone, as my hon. Friend rightly says.

The UK’s Justice and Home Affairs Opt-outs

Debate between Gerald Howarth and William Cash

Thursday 10th July 2014 Commons Chamber

[Sir Gerald Howarth (Aldershot) (Con)]

I am delighted to follow my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) and, indeed, my right hon. Friend the Member for Banbury (Sir Tony Baldry)—a brother knight who had the responsibility of looking after my old school at Bloxham. I have always had great affection for my right hon. Friend the Member for Banbury, even though he has been somewhat unsound on European matters. No doubt he will be awarded some further grand honour by the Association of Chief Police Officers; I can see him as the guest of honour at a grand function, funded no doubt by G4S as there is no public money for such things.

I agree overwhelmingly with my hon. Friend the Member for Harwich and North Essex, particularly on the sovereignty of this Parliament. Whereas it is entirely right that we should take into account the evidence of those who are operating at the coal face, such as members of ACPO, it is our duty here in this Parliament to look at the wider issues and the wider consequences.

I suppose that I take as my text the joint report of the European Scrutiny, Home Affairs and Justice Committees of 26 March, which states in paragraph 1:

“Whether EU measures covered by the so-called ‘2014 block opt-out decision’ continue to apply to the United Kingdom and become subject to the jurisdiction of the Court of Justice from 1 December 2014 is a profoundly significant issue.”

That is absolutely right and I pay tribute to the Chairmen and members of those three Committees for their detailed and measured response on this important matter. I also pay tribute to my right hon. Friends the Home Secretary and the Justice Secretary, on whose shoulders rests the responsibility for charting a course that not only satisfies the coalition, but reconciles the need to protect our constituents and secure law and order in this country, and the need to preserve the rights of this sovereign Parliament.

I will be brief, Madam Deputy Speaker, because I have just two key concerns and they are very straightforward. The first is that, by opting into these measures, we will lock ourselves into the jurisdiction of the European Court of Justice in perpetuity. As my hon. Friend the Member for Stone (Sir William Cash) and my right hon. Friend the Member for Wokingham (Mr Redwood) said earlier, home affairs and justice was originally a third pillar matter that was decided on by sovereign nations and was not subject to qualified majority voting. My hon. Friend the Member for Harwich and North Essex gave a litany of quotations, not least from my right hon. and learned Friend the Attorney-General, on the implications of signing up to these measures and subjecting ourselves to the European Court of Justice.

We have no excuse any more. We have seen how the European Court of Justice has sought constantly to arrogate greater and greater powers, and even to overrule our Supreme Court. We would be failing in our duty to the people we represent if we did not spell out to them the very real risks that lay before them if we continue to provide the European Court of Justice with further powers. By doing so, we undermine not only our position in this Parliament, but the interests of our constituents; for they will have no one to whom they can turn if the European Court of Justice continues to exercise these responsibilities.

My second concern is about the political message that will be sent out by the Government’s decision to opt back into 35 of the measures. As we approach the next general election, Europe is assuming greater and greater significance. Those of us who have banged on about Europe, to use a popular expression, have done so because European matters pervade our national life at every level. The biggest concern that the public have today is immigration. Why is that? It is because the issue of immigration is overwhelmingly about our ability to control our own borders.

I am sure that I am not alone in finding on the doorstep that our constituents do not believe the Prime Minister when he says that he will hold a referendum if we are returned as a majority Government at the next general election. That is the case, notwithstanding his efforts in vetoing the fiscal treaty, cutting the EU budget, supporting the European Union (Referendum) Bill and, most recently, tackling the issue of the presidency of the European Commission. He has demonstrated his commitment to trying to resolve those matters and addressing the real concerns of the British people, but because he suggested before the last election that we would have a referendum if we assumed power, that has been constantly brought up as though he has failed to deliver on a promise. That referendum was conditional on the Lisbon treaty not having come into force by 2010, but it did come into force and therefore there was no point in holding a referendum.

As we talk about further negotiations with our European partners on reorganising Britain’s relationship with the EU, I agree with my hon. Friend the Member for Harwich and North Essex: this sends a completely different message. We have had the battle with Mr Juncker and expressed the Prime Minister’s rejection of ever-closer union and of the whole project, yet we will be portrayed by our opponents and by the public as having signed up to a raft of measures that touch on some of the most sensitive issues around the protection of our people, such as the ability to deport foreign criminals or return those who have fled the country but are charged with offences in the UK. People are bound to say, “We hear what you say about having a referendum, but when you’re faced with a practical decision on whether to opt back into home affairs and justice measures, you opt back in. We know what that means in terms of the European Court of Justice’s jurisdiction”.

[Sir William Cash]

Does my hon. Friend agree that there is a whiff of appeasement here? Basically, we do not want the jurisdiction of European institutions, including the Court, but on the other hand we do not want to resist their intrusion into our becoming more integrated into the European Union. When it comes to the balance between those two positions, the Government increasingly give the impression that they do not want to do that, but they go along with it in practice. That is a very dangerous path.

Justice and Home Affairs Opt-out

Debate between Gerald Howarth and William Cash

Monday 7th April 2014 Commons Chamber

[Mr Cash]

I am rather attracted to the idea of an amendable motion. Indeed, in effect, I have just said so myself. If we have a vote beforehand, the coalition Government will know what Parliament thinks.

The Home Secretary clearly indicated that the Government must have a free hand in entering into these negotiations. In an intervention, I mentioned the complications involved in this and its rejection, or apparent rejection, by several countries. I referred to Spain, Germany, France and Holland, and there are others that say that the matter should be put to a referendum. The situation is so complex, and running so far into the sand, that it would be a good idea, in these very special circumstances, to discuss the question of a block opt-out. It is very important that Parliament should be given the opportunity to vote on an amendable motion before the negotiations are concluded. It is particularly important as we get down to discussing the finer detail of precisely what should be done in the interests of fairness, liberty and justice for individual citizens, who will be bound by these Court decisions against which there will be no appeal. Unless this is subject to an amendment of the 1972 Act, there will be no way of retrieving the situation to protect those citizens.

[Sir Gerald Howarth]

I am very exercised about the application of the role of the European Court of Justice. As my hon. Friend will know, I asked the Home Secretary to what extent the safeguards she has secured with regard to the European arrest warrant will be respected by the ECJ. Does he have a view on that?

[Mr Cash]

Yes, I am deeply concerned about the matters that my hon. Friend raises. Indeed, the whole question of the role of the European Court of Justice is a matter of great concern, not only in this country but in many other countries of the European Union. I will not go all the way down the route of discussing the role of the Court. However, there are issues about who is qualified to be members of the Court and whether members of our own Supreme Court are entirely satisfied with the nature of the decisions that come out of it, just as they are concerned about questions regarding the European Court of Human Rights.

The reports of all three Committees are tagged to today’s debate, as is a joint report castigating the Government for their refusal to allow Parliament a debate and vote on the measures the United Kingdom should seek to rejoin before negotiations begin with the European Union institutions.

European Union (Referendum) Bill

Debate between Gerald Howarth and William Cash

Friday 5th July 2013 Commons Chamber

[Sir Gerald Howarth]

I know that the whole House is delighted that my hon. Friend saw the light. Some of us not only campaigned in the referendum in 1975 but voted against the Single European Act—only three colleagues who did so remain in the House and, unfortunately, they are all Opposition Members. This is terribly important. My hon. Friend voted for the measure at the time because he thought that he was voting for a common market in goods and services. That is what the British people thought, and we tried to persuade them that it was going to be more than that: it was going to be a united states of Europe. That is the direction of travel, and there is no indication that the direction of travel has changed, which is why we need a referendum.

[Mr Cash]

Indeed; I note what my hon. Friend has said. This issue is about political union. If we strip away all the arguments about repatriation and renegotiation, there is no doubt whatsoever for anyone—I go to COSAC, which is the meeting of the chairmen of national scrutiny committees on European affairs throughout Europe; 27, now 28, chairmen joined together—that this is about political union. We should be under no illusion about that. It is not about anything else now. We had Mr Barroso telling us recently in the blueprint paper that the European Parliament is the only Parliament for the European Union. It is categorical, and I will challenge any Member of Parliament to get up and suggest that this is not embedded in the Maastricht treaty. That is what it was all about—creating a new European Government, and it has grown exponentially ever since.

My right hon. Friend the Foreign Secretary is right. We said that we wanted to have a referendum on several of those treaties. Indeed, the Conservative party was united in voting for a referendum on the Lisbon treaty. However, we have now reached a different situation. That is why it is important for the House to bear in mind that it is not a question of what may happen between now and 2017; it is happening already. There is clear evidence of the development, endorsed by the other member states, of a two-tier Europe between the eurozone and the European Union itself. That is the fundamental change that is already taking place, without a treaty.

We know from the discussions that are going on in Europe that there is much talk of moving forward without another treaty. That is why we need to have a referendum. That is why the Government are right to promote the circumstances in which my hon. Friend the Member for Stockton South, who came first in the ballot, has the opportunity to introduce his Bill. That is why the Prime Minister and the Foreign Secretary have taken part in the debate, and that is why it is so essential that we get it right. This is about political and economic freedom.