Falkland Islands Referendum
Henry Smith Excerpts(11 years, 1 month ago)
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Guy Opperman
While we would all support President Obama, he seems to be acquiring some splinters by sitting on the fence for so long. The United States’ position is surely hypocritical, given that it uses and benefits from bases in British overseas territories such as Cyprus, Diego Garcia, Ascension and Gibraltar when it suits them. Because it does not use the Falkland Islands for those purposes, however, it is not so supportive of, or enthusiastic about, our claims and those of the Falkland islanders.
Henry Smith (Crawley) (Con)
I also congratulate my hon. Friend on securing this timely and important debate. I agree that the United States is being hypocritical in its approach to recognising the Falkland Islands’ sovereignty. However, we also need to pay tribute to Washington for recently refusing to agree to any more International Monetary Fund or World Bank loans to Buenos Aires—as have the British Government—because of the way in which Argentina has massively defaulted on previous loans.
Guy Opperman
The status of the World Bank loans and the international aid that was or was not going to Argentina over the last few years is indeed a matter of great regret and concern.
Guy Opperman
The reality is that a blockade of protectionism and intimidation is taking place around the Falkland Islands. We have seen actions ranging from preventing the use of the Falkland Islands flag and disrupting shipping, as my hon. Friend made clear, to ongoing organisational protectionism. Do we really, in 2013, have large countries blocking free trade in that way?
Henry Smith
Does my hon. Friend also agree that it is anathema that Argentina is a member of the G20?
Guy Opperman
Given the state of Argentina’s finances and the insanity of its current financial situation, with inflation in excess of 25%, Argentina is hardly sending out any great lessons of financial propriety.
Syria: anti-Government Forces
Henry Smith Excerpts(11 years, 2 months ago)
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Henry Smith (Crawley) (Con)
May I ask what efforts are being made to bring the Syrian crisis to a conclusion through the G8, especially given that one of its members is the Russian Federation?
Europe
Henry Smith Excerpts(11 years, 3 months ago)
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Mr Douglas Alexander
I shall make a little progress before giving way.
The Prime Minister’s speech last week disregarded the greatest concern—I would argue—of the British people, namely the need for stability, growth and jobs. In truth, it was a speech that the Prime Minister did not want to give, on a subject he prefers not to talk about, at a time when no decision was required. Its primary aim was to try to deliver unity through the device of obscurity. That is why the Foreign Secretary’s speech was so illuminating.
Alas, I calculate that the Prime Minister’s speech managed to unite the Conservative party for less than 96 hours, at which point the papers were once again full of new plans and plots against him from within the Conservative ranks. Who can blame them?
Mr Alexander
I will make a little more progress.
Far from resolving the issue of Europe, the Prime Minister’s speech ended up prompting more questions than it answered. Those questions, alas, were singularly avoided by the Foreign Secretary in his speech today. Instead of setting out red lines for the negotiations or detailing the powers he wants to repatriate, the Prime Minister instead described five principles, about which we have heard more today, with which few hon. Members could disagree. I am happy to confirm for the Foreign Secretary—this might discombobulate Conservative Back Benchers—that the Opposition are happy to endorse the five principles. Foreign Secretaries have been advocating them for many years.
Mr Alexander
Modesty aside, may I suggest that the right hon. Gentleman has a look at the speech I gave at Chatham House? Frankly, it set out far more details of specific changes that we would like to see in the European Union than the Prime Minister was able to manage in his speech. We do not suggest that the status quo is what we will or should advocate. We want to see change in Europe. We also recognise that change is coming to Europe. However, there is a fundamental disagreement between this side of the House and that side of the House on how best to achieve the objective of change within the European Union.
Mr Alexander
I am keen to make a little more progress.
Of course there are differences between our parties’ approaches on what those changes should include. My judgment is that the reason the Prime Minister was unable last week to set out the changes he wanted to see, beyond the change in working hours for junior doctors, was that the brittle façade of unity to which he is aspiring will crack—indeed, will disintegrate—as soon as he starts to get into the specifics, whether on employment law, social policy, fisheries policy, or a wide range of other issues. I commend the speech I gave, because it details changes in policy. We want to see Europe moving towards growth, and specific policies within the Commission to advance growth, rather than the approach taken in recent years. We see some institutional changes that are required. Of course there are other areas that we will look at, and they are set out in the speech. It is a matter of regret, however, that the Prime Minister felt unable even to match the shadow Foreign Secretary in the level of detail he could provide in his much-trailed speech last week.
One other point on which there was only obscurity last week was that of timing. The Prime Minister seemed unable to be clear on the most basic issue, because it remains uncertain whether treaty change will even happen on the time scale he suggested. At present, no intergovernmental conference is planned for 2015 and most EU Governments now claim there is no need for a big treaty revision for years to come. The only certainty, therefore, is more uncertainty delivered by the Prime Minister.
After both the Prime Minister’s speech and the Foreign Secretary’s speech today, we have been left with a commitment to an in/out referendum on a repatriation agenda that is unknown, within a time frame that is uncertain and towards an end goal that remains wholly undefined. In the debate in the House in 2011—when, incidentally, the Foreign Secretary voted alongside me in the Division Lobby—we argued that to announce an in/out referendum in these circumstances would not serve Britain’s national interest. Our position remains: reform of Europe, not exit from Europe.
Labour recognises, as I have sought to suggest, that the need for EU reform did not begin with the eurozone crisis, which is why our agenda for change must address the need for institutional, as well as policy, reform. That means tackling issues such as how to give national Parliaments more of a say over the making of EU legislation and delivering credible proposals for reform of the free movement directive and family-related entitlements at EU level.
The most immediate focus, however, must be on changes that promote and create jobs and growth. That is why we have consistently called not just for restraint, but for reform of the EU budget. The budget might be only 1% of GDP, but it could be better used, with a greater focus on securing growth and continued reform of the CAP. Alongside reform of the budget, we have argued for a new position of EU growth commissioner and a new mechanism better to assess the impact of every new piece of EU legislation to promote growth across the EU.
Protections for the single market and revival of the prospects for growth should be Europe’s priority for change, but to support and defend the single market—this was the point I was alluding to earlier—we must first understand how the market works. The internal market involves more than simply the absence of tariffs and trade quotas at the border. Common regulatory standards covering issues such as consumer rights, environmental standards and health and safety rules are not simply additions to the workings of the single market, but the basis on which it is built.
That means that a credible growth strategy for the UK as part of the EU cannot, and should not, be pursued on the basis of cheap labour, poor labour standards, poor safety standards and environmentally shoddy goods. If European partners, such as the Germans and the Dutch, can compete in global markets with high European standards, why do some Government Members claim that Britain cannot do so? The Opposition understand that the real agenda on certain Government Benches is not only to bring powers back, but to take rights away.
The Government’s approach threatens the directives on parental leave and agency workers and could mean that they no longer apply in the UK. On the working time directive, it is right that we have the opt-out negotiated by the last Labour Government, but what is the Government’s position? They cannot tell us whether they oppose every aspect of the working time directive. Perhaps the Foreign Secretary will nod or shake his head. Does he support the maintenance of four weeks’ paid holiday entitlement?
Henry Smith (Crawley) (Con)
Thank you for this opportunity to speak in what is an extremely timely and important debate, Mr Deputy Speaker. As Members of this House, we are all very privileged to have the opportunity to contribute and have our say. Every time I walk through the doors, I am conscious that there are approximately 100,000 people in my constituency whom I am seeking to represent. I was struck by the concluding remarks of the hon. Member for Wirral South (Alison McGovern). She has left her place, but she spoke about giving dignity back to our constituents. I can think of no greater way of doing that than to give them a say on our future relationship with the European Union. The influence of the EU in the past four decades has increasingly dominated every aspect of our national life.
On 1 January 1973—I do not remember it; I was only three years old—we joined what was then referred to as the Common Market or the European Economic Community. When I was six, our membership was confirmed in a referendum. It is important to say that most people thought they were voting in favour of a common market—a customs union or a free trade area. [Interruption.] At the time, some people referred to the small print in the treaty of Rome about ever-closer union, but generally people believed that, essentially, they were joining an economic free trading agreement.
Over ensuing decades, the European Economic Community developed into the European Community and then into the European Union, and the various Acts and treaties, including the Single European Act, which has been referred to, the Maastricht treaty and the failed EU constitution, which had to be rebranded and essentially presented and passed by the previous Government as the Lisbon treaty, have seen an inexorable moving of power from this Parliament to a centralised EU.
I am often struck that people refer to the EU as a federal project—if only it were a little more federal with more subsidiarity! Over the past 40 years, however, it has grown into a central government project, and it is right that the Prime Minister has offered the country a chance to decide its future relationship with the EU. Last Wednesday’s speech will prove to be one of the most important speeches that a British Prime Minister has made in the past half century, and I, for one, am grateful for the clear direction he has set out—as the Foreign Secretary said, it is much clearer than what we hear from Her Majesty’s Opposition.
I only wish that our coalition partners were also signed up to a referendum. It certainly used to be their policy. I do not often quote the Deputy Prime Minister, but I would like to now. Writing in The Guardian on 25 February 2008, he said:
“It’s time we pulled out the thorn and healed the wound, time for a debate politicians have been too cowardly to hold for 30 years—time for a referendum on the big question. Do we want to be in or out? Nobody in Britain under the age of 51 has ever been asked that simple question. None of them were eligible to vote in that 1975 referendum. That includes half of all MPs. Two generations have never had their say.”
That was five years ago, so now that age is 56, and we are into a new Parliament.
Henry Smith
I wish I knew how the Deputy Prime Minister’s mind worked. You would be quite right, Mr Deputy Speaker, to rule me out of order for being unparliamentary if I used the word “hypocrisy” in the Chamber, and I would never use the word “hypocrisy” in the Chamber to refer to another right hon. or hon. Member, but I think that the Deputy Prime Minister is guilty of rank inconsistency over his party’s position on a referendum.
This country has a unique position in the world; we have global links like no other nation on earth and we of course have our proximity to the European continent. This nation’s success has been rooted in being a free trading nation that seeks links and co-operation with the world. Our best opportunity for the future, as in the past, is to utilise those unique links and act as a conduit—a bridge—between the world and the European continent.
Mr Kevan Jones
I do not want to give the hon. Gentleman a history lesson, but the British empire was actually founded on protectionism. Until the repeal of the corn laws, we had very restrictive markets for our goods.
Henry Smith
I was hoping to speak yesterday, to quote from the Reform Act of 1831 and refer to the sweeping away of the rotten boroughs—[Hon. Members: “1832.”] My apologies; I will refrain from using dates. Nevertheless, our history is based on free trade, as is our future.
Mr Cash
Does my hon. Friend accept that there is a serious problem if the free trade arrangements that he and I, along with many others, want are in any way obstructed by the exclusive competence of the European Union overlaying the question of whether we could trade freely with, for example, all the members of the Commonwealth and emerging markets?
Henry Smith
My hon. Friend is absolutely correct. It is an EU competence to negotiate free trade agreements. If we had that competence back, as a sovereign Parliament and a sovereign nation, we would once again be free to forge those free trade agreements. I am struck by the fact that there is a multilingual central European country that is free of the European Union, but which has free trade agreements with the European Union—and, indeed, the rest of the world—and that is the nation of Switzerland. It is perfectly possible for us to maintain co-operation and free trading with Europe and to extend that to the rest of the world.
Huw Irranca-Davies
Switzerland can indeed trade, by agreement, with the European single market, but it has to comply with the highest EU standards in food and farming—the policy area that I shadow for the Labour party—or not export into it. It does not have any say in the rules, however.
Henry Smith
It is the same with world free trade agreements. It is high time that we gave the British people back the ability to determine how their relationship with Europe and the rest of the world should go forward, so that we can have greater global free trade for greater prosperity and bring back democracy. I congratulate my right hon. Friend the Prime Minister on delivering that promise.
European Union (Croatian Accession and Irish Protocol) Bill
Henry Smith Excerpts(11 years, 5 months ago)
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Mr Lidington
I beg to move, That the Bill be now read the Third time.
I thank all right hon. and hon. Members who have participated in our debates on the Bill. It is hard to single out individual Members, but I would like, as always, to express my thanks to the members of the European Scrutiny Committee for their work, particularly the Chair, my hon. Friend the Member for Stone (Mr Cash), and my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg). In this afternoon’s debate and throughout our proceedings my hon. Friend the Member for Bury North (Mr Nuttall) has been active, concerned and sincere in the questions and challenges he has posed to those on the Front Bench. I would like to thank the hon. Member for Wolverhampton North East (Emma Reynolds) for her support for the Bill and that of the official Opposition. I also wish to put on the record my gratitude for the outstanding work of Government officials not only in the Foreign and Commonwealth Office, but in the Home Office and the Ministry of Justice, in putting together this legislation.
The enlargement of the European Union and the establishment of the single market are two of the EU’s greatest achievements. Both are initiatives for which the United Kingdom can claim considerable responsibility and in which it can take great pride. The EU, alongside NATO, has been an instrument of peace and reconciliation that has helped to spread and entrench democracy and the rule of law across Europe, including swathes of our continent where those traditions and values were crushed for most of the 20th century. The single market has opened up prosperity and opportunity to hundreds of millions of people, to the mutual benefit of us all.
That is why the United Kingdom supports further, conditions-based enlargement. Croatia’s accession will further demonstrate the transformative power of enlargement, marking the historic moment at which the first of the western Balkan countries that were involved in the wars of the 1990s as Yugoslavia broke up joins. Croatia’s accession negotiations were closed in June 2011 following six years of significant reform. As I have explained, Croatia has faced the most demanding and challenging negotiations of any candidate country. As my right hon. Friend the Foreign Secretary made clear when he visited the Balkans this October, the Government fully support the ambitions not only of Croatia but of all countries of the western Balkans one day to join the European Union. That is a further reason why we believe that it is so important that Croatia’s accession is a success; it is blazing a trail that we hope that other countries of the western Balkans will, in due course, follow.
Henry Smith (Crawley) (Con)
My right hon. Friend is absolutely right that Croatia should have had to face a very high test to join the European Union. Does he regret that when Romania and Bulgaria joined the EU, they were not subject to the same rigour?
Mr Lidington
When I talk to Bulgarian and Romanian Ministers, they are the first to say that the current situation is deeply unsatisfactory. They feel at times that they are treated as second-class members of the EU, while other member states feel that the standards required at the time of accession were not fully met; hence we have the co-operation and verification mechanism. It is to the credit of Štefan Füle and the European Commission that they have learned from that experience. Chapter 23, in particular, was created explicitly to avoid any repetition of what happened with Romania and Bulgaria.
We have strengthened things even further in the light of our experience with Croatia. The policy now adopted by all member states and the Commission is that for future candidates, beginning with Montenegro, chapters 23 and 24 will be addressed first in any accession process, opened early but then kept open until practically the end. That means that justice and home affairs reforms, including impartial administration of policing, will be taken through national Parliaments and put into law. It also means that as the years of accession negotiations continue, we will see a track record built up so that at the end nobody can be in any doubt that the criteria have been met and that the country concerned is truly committed and ready for the obligations of membership.
That brings me on to the questions from Members on both sides of the House as to whether Croatia is ready. I will not repeat what I said during our debate on the last group of amendments, but I do want to respond to the comments of the hon. Member for Blackley and Broughton (Graham Stringer) about Croatia’s record in dealing with immigration and the management of its immigration and asylum systems and border controls.
Croatia has made substantial progress to deliver the necessary reforms required in border management and migration policy. The implementation of Croatia’s new immigration Act began in January, bringing migration legislation in line with that in other European countries. Croatia is already co-operating both with its immediate neighbours and with the EU on the return of illegal migrants and has apprehended 2,370 illegal migrants during this monitoring period. Croatia drafted a new migration strategy in July. We expect it to be finalised by the end of the year and adopted in early 2103.
In 2006, Croatia adopted an integrated border management action plan. This provided a comprehensive framework for the preparation of the external border once it joined the European Union, and it has kept its priorities under review and has been ready to amend them as it has moved towards accession. Croatia already has 81 fully functioning border crossing points. We have made it clear, as has the European Commission, that completion of the remaining BCPs is a priority and the Croatian Minister of the Interior has given us an assurance that they will be completed.
Although there is still work to be done over the next few months, Croatia has put in place strong foundations to manage migratory pressures. The most crucial outstanding requirement is the reconstruction of the two land border crossings at Klek and Zaton Doli in the new corridor between Croatia and Bosnia and Herzegovina. Intensive work is now under way to ensure that those border crossings and the other outstanding BCPs are complete prior to accession, and our understanding is that the work on the outstanding BCPs will be completed and delivered next spring, ahead of Croatia’s planned accession date.
Our judgment is that there is no cause to fear that Croatian accession will lead to an impact on the United Kingdom through illegal migration, asylum or human trafficking. Let me explain our reasons for that judgment. First, there will continue to be border controls between Croatia and neighbouring EU countries after accession. This will continue until Croatia fully implements the Schengen acquis, which is subject to its own evaluation process. As a result, third-country nationals will continue to be subject to the same levels of controls after accession if they seek to leave Croatian territory to go to another EU member state. There is not expected to be any significant increase in illegal immigration to the UK as a consequence of Croatia’s accession.
Secondly, Croatia does not present a high risk to the UK as either a source or transit country for illegal migration. Thirdly, we have not identified any victims of trafficking from Croatia in the UK. As I noted on Second Reading, in 2011, the US State Department’s “Trafficking in Persons Report”, which ranks countries in terms of their capacity to tackle trafficking and protect victims, designated Croatia as a tier 1 country, alongside the United Kingdom. That means that Croatia is viewed as fully compliant with the minimum standards of the US’s Trafficking Victims Protection Act, so again I think we have good reason to be confident about Croatia’s record.
The Commission’s monitoring helpfully identifies those issues that remain outstanding, but it is also clear that the Commission expects Croatia to be ready on time and we share that assessment. Following the publication of the Commission’s October report, the Croatian Government prepared an action plan, a copy of which has been shared with the two parliamentary scrutiny Committees. That action plan was a clear indication that the Croatian Government have grasped what they need to do, and it is now up to them to deliver.
The Government support EU enlargement and the benefits it will bring to the UK. We are in favour of Croatia joining the EU, we believe that it is well on its way to demonstrating its readiness to join the European Union and we are fully confident that it will be ready by next July. The impact that Croatian accession will have in promoting stability and sending a message of hope across the western Balkans should be welcomed by every party in this House. I commend the Bill, and its Third Reading, to the House.
European Union (Croatian Accession and Irish Protocol) Bill
Henry Smith Excerpts(11 years, 6 months ago)
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The Minister for Europe (Mr David Lidington)
I beg to move, That the Bill be now read a Second time.
I convey the regrets of my right hon. Friend the Foreign Secretary who is unable to attend today’s debate. As you know, Mr Speaker, he is in Laos attending to official business on behalf of Her Majesty’s Government.
The Bill provides for parliamentary approval of the Croatian accession treaty and for a protocol on the concerns of the Irish people, the so-called Irish protocol, which is to be added to European Union treaties. The Bill also provides for the secondary legislation that will be required to apply transitional immigration controls on Croatian nationals exercising their right to free movement once Croatia accedes to the European Union.
Henry Smith (Crawley) (Con)
I very much welcome those transitional immigration controls that will be imposed for the accession of Croatia. We learned from that mistake in 2004 when countries from elsewhere in eastern Europe joined the European Union, and I support the Government’s actions.
Mr Lidington
I am grateful to my hon. Friend for his comments. I hope to say more about the transitional controls later, but he will have observed that the Minister for Immigration, my hon. Friend the Member for Forest of Dean (Mr Harper), is here, and I can assure him that the Home Office and the Foreign and Commonwealth Office are working hand in glove on the preparation for Croatian succession.
For many years, EU enlargement has enjoyed firm cross-party support in the House. We can look back to the premiership of the noble Lady Baroness Thatcher to see support being expressed for enlargement covering the newly enfranchised democracies beyond what was once the iron curtain, at a time when it was not fashionable or even believed feasible that those countries of central and eastern Europe could become full members of the European family of nations. Today, for the countries of the western Balkans, including Croatia, that process of accession provides a means of entrenching political stability, democratic institutions, the rule of law and human rights —traditions and values that that part of our continent needs but which were crushed for much of the last 100 years.
Treaty on Stability, Co-ordination and Governance
Henry Smith Excerpts(12 years, 2 months ago)
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Mr Cash
I am grateful to the right hon. Gentleman, who makes an important point. However, this is not merely about technocrats but about the brutal fact that the political game as it is now being played is increasingly coercive. That is part of the problem that I shall address.
Henry Smith (Crawley) (Con)
Following yesterday’s announcement of the Irish referendum, does my hon. Friend share my concern that if the result is the wrong one as far as the European establishment are concerned, it will be ignored and overruled by some method or another?
Mr Cash
I do indeed. A new rule is being imposed through the arrangements under this treaty which involves a kind of qualified majority voting for referendums whereby if member states do not have the requisite number of referendums in which they say that they do not want the treaty, they will simply be ignored. I hope that when it comes down to it and the Irish people have this explained to them, that will be a spur to their voting no, because people are being taken for a ride.
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.
Oral Answers to Questions
Henry Smith Excerpts(12 years, 6 months ago)
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Mr Bellingham
The UK Government are doing all that we can. We are playing a vital part in the Djibouti process. We are supporting an uplift in the African Union Mission in Somalia to its mandated level of 12,000 troops. We are also doing all that we can to ensure that the transitional federal Government and the transitional federal institutions adhere to the benchmarks in the road map. If they do that, there is a chance for peace and progress, not just in the troubled capital but in the whole country.
Henry Smith (Crawley) (Con)
T6. I pay tribute to my hon. Friend the Minister for his diligence in meeting, on a number of occasions now, constituents of mine who originally come from the Chagos islands. Will he update the House on what progress his Department has made with regard to visits to the Chagos islands by those islanders?
Mr Bellingham
First, I pay tribute to my hon. Friend for the work that he has done in engaging the Chagossians in his Crawley constituency. He has been an absolute pillar of strength for that community. We have organised a number of visits back to the Chagos islands this year for Chagossians from the UK, the Seychelles and Mauritius. We will organise more visits in the future, and I want to get more members of the Chagossian community involved in environmental, conservation and heritage work in the territory.
Oral Answers to Questions
Henry Smith Excerpts(12 years, 9 months ago)
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Mr Browne
That is one of the subjects that we have regular dialogue with the Chinese about, and the hon. Lady is right to point out the tensions and concerns that exist in some of the countries bordering China. We continue to be vigilant in trying to ensure that that is not an area of the world where conflict is brought about or tensions rise.
Henry Smith (Crawley) (Con)
6. What recent assessment he has made of the level of political stability in the Balkans.
The Minister for Europe (Mr David Lidington)
Progress on political and economic reform in the western Balkans is uneven. We welcome the successful conclusion of EU accession negotiations with Croatia but remain particularly concerned by the political situation in Bosnia and Herzegovina, where sustained international focus is needed.
Henry Smith
I am grateful to my right hon. Friend for that reply. What is Her Majesty’s Government’s assessment of the readiness of Croatia and Serbia to join the EU, given the fact that, with hindsight, Romania and Bulgaria probably acceded to the Union too soon?
Mr Lidington
The Croatian Government have met the conditions laid down by the Commission and supported by member states, but the European Council also agreed when it concluded accession negotiations that there should be a further stage of pre-accession monitoring to ensure that the Croatian authorities’ commitments to reform are still delivered in practice.
We look forward to the Commission’s report on Serbia’s progress on economic and political reform, which is due in December. Although the arrest of Mr Mladic was an important step forward, it does not remove the need for Serbia to do everything else with regard to internal reform and addressing regional co-operation to meet the terms of EU accession.
European Union Bill
Henry Smith Excerpts(12 years, 10 months ago)
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Mr Lidington
I am encouraged by my hon. Friend’s remarks to be increasingly confident that we can reach the group of amendments on which he is anxious to speak in good time. I remind him, however, that four hours have been set aside for our deliberations on these three groups of amendments, and I think it is right that we should do justice to the consideration that the House of Lords gave to the Bill by addressing each of the amendments it approved.
On Lords amendment 1, all I want to say further is that the phrase “or otherwise supporting” is included to remove any doubt—just as the previous Government used that phrase to remove any doubt when drafting the European Union (Amendment) Act 2008—and to ensure that a proposal could not be adopted in such a way without the appropriate authority required under the provisions of the Bill.
Lords amendments 2 and 4 make it clear beyond doubt that, under the terms of the Bill, a referendum would not be required in the United Kingdom if a treaty change did not apply to the UK but only to Gibraltar, and this would not transfer competence or power from the United Kingdom. I say straight away that it is hard to work out a scenario in which a treaty amendment that constituted a transfer of competence or power would apply only to Gibraltar and not to the UK. It is possible in theory, and this point was raised in the other place, and we have sought to assuage that concern by proposing these two technical amendments.
Henry Smith (Crawley) (Con)
Notwithstanding the recent comments of my hon. Friend the Member for Stone (Mr Cash) on the need for brevity, let me say that while I agree that this is a technical tidying up of the clause as it left this place, I am concerned that a future Foreign and Commonwealth Office—not the current one—that wished to stitch up the good and loyal people of Gibraltar should not have that opportunity through the back door of the European Union.
Mr Lidington
I can certainly assure my hon. Friend that the current Government are absolutely committed to Gibraltar remaining British for as long as the people of Gibraltar want that to continue. We have made that clear publicly since the day we took office, and I have repeated it in public both in this country and on a visit to Gibraltar a few months ago.
Mr Lidington
We sought in this Bill to define a constitutional change of the sort that my hon. Friend describes in terms of a transfer of competencies or powers from the United Kingdom to the European Union. That seems to us to be a significant constitutional change and the definition is one that we have incorporated into the Bill. Now, if he will forgive me, never mind how delightful I find his interventions, I think I ought to make some progress in addressing the Lords amendments directly.
Let me deal first with Lords amendments 3 and 5, which one might term the threshold amendments. They would provide for a turnout threshold of 40% for any referendum under the Bill. If that threshold were not met, regardless of the result the final decision over whether to ratify a treaty change would pass from the people back to Parliament. That runs contrary to the spirit and intention of the Bill and would leave the British people in real doubt about the effect of their vote.
I know that the intention of colleagues in the House of Lords was to safeguard the sovereignty of Parliament, but I do not agree with them that the Bill would challenge the status of Parliament. In fact, Parliament will have a much stronger role than ever before.
Henry Smith
I am grateful to my right hon. Friend for being so courteous in giving way. Does he agree that, ironically, elections to the European Parliament often have a turnout of 40% or less, as do many local authority elections? Would it not be absurd to consider those as merely advisory?
Mr Lidington
My hon. Friend is right. We get into very dangerous territory as elected representatives when we start to say that only votes or elections in which the turnout was above a given percentage are valid. What is at issue is our intention to provide for the British electorate to have the final say on whether or not the Government of the day can agree to transfer competencies or powers from the United Kingdom to the European Union. The outcome of a referendum should, in our view, be determined by the will of those who vote and not by how many turn up to vote.
As the hon. Member for Foyle (Mark Durkan) said earlier this year when we debated a turnout threshold for the referendum on the alternative vote:
“If we agree to anything that passes for any sort of threshold, people in this country will have an incentive to say, ‘If you don’t know, don’t vote’”.—[Official Report, 15 February 2011; Vol. 523, c. 907.]
A turnout threshold seems to me to be a recipe for apathy. It would undermine one of the fundamental aims of the Bill, which is to reconnect the British people and better inform them of the decisions taken in their name at European Union level.
Mr Lidington
I think that the British people would be alarmed at the thought that they were being offered new rights and responsibilities for a term of only five years, and would then have to wait and see whether they would be graciously renewed by a new Parliament.
In a survey conducted two years ago, more than four out of every five British people wanted a referendum on any future treaty change. Everything that we do in the House is reversible—no single Parliament can bind its successor—so there is no reason to single the Bill out for a sunset clause, which would mean that it merely loaned power to the people of this country on the future direction of the EU for a limited time. After that, the decision on whether or not to lend them the power for another five years would be in the hands of the Government of the day. The British people would rightly look on such a proposition with disdain.
Henry Smith
My right hon. Friend is entirely right. If the amendment were allowed to stand, would it not render the proposed legislation completely empty? As he eloquently said, it goes against the constitutional principle that no Parliament can bind its successor.
Mr Lidington
My hon. Friend is quite right. In a previous Parliament, when we voted for constitutional legislation as far-reaching as the devolution of power to the Scottish Parliament and the Assemblies in Wales and Northern Ireland, we did not vote for the inclusion of sunset clauses. Parliament took the view that if that legislation, in due course, proved not to be workable, or if there were a profound change in the public mood or a new Government were elected with a mandate from the people to effect changes and reverse that devolution, that was a matter for the future Parliament at that time. The idea that we should impose a sunset clause in this case simply because it is something new seems to be completely inconsistent with the way in which Parliament and successive Governments have approached previous constitutional reforms.
Mr Jenkin
But that applies to a great deal of legislation. I do not understand the distinction that the hon. Gentleman is attempting to make. Actually, what the Bill will do is restrict the ability of Governments to give away power and to reach decisions in the EU and present them to Parliament as faits accomplis without reference to the people. That seems to me a thoroughly good and democratic thing.
The hon. Gentleman has given the game away this evening about the future direction of the Labour party’s policy. What he has told the House tonight is that he is quite happy for aspects of the Bill to go through, but he is not happy for its provisions to apply to a future Labour Government. He does not want a future Labour Government to have their hands tied by the necessity of referendums before they give away more powers. He wants to go back to the system to which my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) referred—of signing up to treaties, promising referendums on them and then ratting on those promises. That was the record of the Labour Government.
I regard all these Lords amendments as completely unacceptable. Whatever shortcomings the Bill has—I am afraid there are many, because it is limited in scope—the amendments are designed to pull the guts out of this democratising measure. The vote threshold proposed in Lords amendment 3 is not a recognisable one but a perverse one. It does not suggest that unless the number of votes reaches a certain level, a decision cannot be taken. It suggests that if the votes do not reach a certain level, the Government and Parliament can carry on as they like. I thought the whole point of a threshold was to test whether there was a measure of consent for a particular constitutional change. The threshold in the amendment is not about testing whether there is a measure of consent but is more about testing whether there is a measure of resistance, or whether there is apathy.
Unfortunately, the people who have largely guided European policy in this country for the past 20, 30 or 40 years have got away with what they have done largely by relying on people’s apathy and ignorance. The proposed threshold is designed to create an incentive for a Government who wish to transfer more powers to the EU to maintain high levels of apathy and ignorance. I am reminded of my late noble Friend Lord Whitelaw, who during the 1975 referendum accused the right hon. Anthony Wedgwood Benn of going around the country stirring up apathy. The amendment is a charter for going around the country and doing just that. It is completely unjustified and should be given very short shrift.
Lords amendments 6 to 13, to clause 6, are simply designed to rip the guts out of the Bill. My right hon. Friend the Minister for Europe very properly went through some of the things that Governments in future would be able to do without a referendum if the amendments were not disagreed to. Under the amendments, Governments could, without a referendum, give up the veto over foreign policy and over almost anything else under article 48(7). The amendments would allow the UK to join the public prosecutor and to extend the role of the public prosecutor to any serious crime with a cross-border dimension. We should think about what that means for the criminal justice system of this country. The amendments would allow Governments, without a referendum, to give up the veto over labour laws, taxes and planning, and the multi-annual financial framework and spending of the EU. The Opposition should shed no crocodile tears over how much the EU is spending if they are prepared to give up that veto without proper consent.
The amendments would remove the veto from all the enhanced co-operation procedures, which would enable what is effectively majority voting to come into effect in a whole lot of areas. Clearly, that is an anti-democratic provision. If there is one thing that ardent advocates of the EU should have learned, it is that that structure lacks popular consent. It legislates without popular consent. If there is one thing that true Europeans should want it is that we reconnect the decisions on how powers are exercised with popular democratic consent. The Bill goes some way towards doing that.
The sunrise provision is simply the last gasp of a past generation who are trying to neuter what is today called Euroscepticism. The support of the hon. Member for Caerphilly for Lords amendment 15 gives the lie to the idea that the new Labour party, under its new leader, is flirting with Euroscepticism. It is not. It has no intention of following through. It might pretend to be, and to sound, sceptical, and it might even start talking of an in-out referendum, inviting one or two of my more radical hon. Friends to fall into the trap of thinking that that is the way out, when it probably is not. However, the fact is that we need a Government who are prepared to negotiate vigorously, and to do so with the extra leverage and strengthened hand that the requirement for a referendum gives them.
Henry Smith
Does my hon. Friend agree that what we see from Opposition Members is not so much a rebirth of Euroscepticism as referendum cynicism?
Mr Jenkin
I agree with my hon. Friend. I rather like the hon. Member for Caerphilly, who is an engaging and assiduous parliamentarian, but I do not know whether he has given vent to his real feelings on these matters. Unfortunately, if one is speaking from the Front Bench, one’s real feelings rarely matter. One just has to do the bidding of one’s superiors. I just wish to end by—
European Union Bill
Henry Smith Excerpts(13 years, 3 months ago)
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Henry Smith (Crawley) (Con)
Would my right hon. Friend not consider including that in the Bill?
Mr Lidington
We are due to debate the measures later.
The Government will have three options. They can decide to opt in to all the measures en bloc, or they can decide to opt out of them en bloc. The judgment that Ministers will have to make—I emphasise that no decision has yet been made, and that we are nowhere near making one or making a recommendation—is that these are measures in which the United Kingdom freely decided that it wanted to participate, because it served our national interest to do so, during the “third pillar” process that existed before the Lisbon treaty.
The Government of the time—Labour or Conservative—decided that each measure was right and that it was in the British national interest to participate; but, of course, that decision was made on the basis that those were intergovernmental matters which did not fall within the jurisdiction of the European Court of Justice. That is a material difference. If we opt in to all these measures in 2014, we must accept that we are opting in to matters all of which will, from that point, be subject to ECJ jurisdiction.