Remuneration of EU Staff

Jacob Rees-Mogg Excerpts

Tuesday 21st February 2012 Commons Chamber

[Miss Smith]

I certainly agree that everybody associated with European institutions needs to show restraint at this time, as I think the debate will show in some detail, so I very much welcome my hon. Friend’s intervention. He will be reassured that alongside the measures I have already laid out, we intend to pursue the modernisation of EU institutions, in order to help them become more effective, and to encourage a better geographical spread of EU officials from across member states.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Further to the point made by my hon. Friend the Member for Christchurch (Mr Chope), is the Minister aware that the European Court of Justice has ruled that sufficient circumstances did not exist for abandoning the pay rise proposed in 2009? It has therefore been judge in its own cause, abandoning one of the founding principles of natural justice.

[Miss Smith]

My hon. Friend makes a further fine point, as he frequently does. By failing to restrain the budget, the Commission is almost, metaphorically speaking, acting as judge and jury in its own case, deciding the matter in a way that could clearly be said to be self-serving. My hon. Friends will all be pleased to hear that reform of the staff regulations is extremely important in the next multi-annual financial framework, because it is there that we can control administrative expenditure year in, year out.

The House is aware that we need to promote budgetary restraint at every opportunity. That is the UK’s top priority. That means that we need to ensure that the EU budget contributes to domestic fiscal consolidation. The Prime Minister has stated, jointly with his EU counterparts, that the maximum acceptable expenditure increase through the next financial perspective is a real freeze in payments. To deliver this, we want very substantial reductions in many areas of EU spending, compared to the Commission’s proposals, including on salaries, pensions and benefits, as well as discretionary administrative spending, such as buildings policy and IT. The EU cannot continue to insulate itself from cuts at the expense of UK taxpayers.

--- Later in debate ---

[Jacob Rees-Mogg (North East Somerset) (Con)]

The exemption clause states:

“If there is a serious and sudden deterioration in the economic and social situation within the Community, assessed in the light of objective data supplied for this purpose by the Commission, the latter shall submit appropriate proposals on which the Council shall act in accordance with the procedure laid down in Article 283 of the EC Treaty”,

which has subsequently changed. The EU has decided that there has never been such an exception, even though we have been through the most extraordinary economic crisis in the past few years.

Yesterday, European Committee B discussed a Commission document that states:

“EU economic growth is faltering. In the euro area, this is exacerbated by the sovereign debt crisis and fragilities in the banking sector. These have created a dangerous feedback loop.”

The Commission says that the economy faces a crisis and that it is in a “dangerous feedback loop” but that there is no reason on earth why it should consider the salaries that it and others who work within EU institutions are paid.

The Minister has said that the economic situation in this country is serious enough for a freeze in public pay, and we know that the EU prescription for Greece and other countries that face economic crisis is austerity and pay cuts, but when it comes to the EU institutions, the situation is different—they say there is no real crisis or problem, and no exceptional circumstances, and that they must therefore carry on regardless. Can that possibly be a proper, moral or respectable way for an international body to proceed?

What can the Government do about it? So far, they have rightly pointed out to the Commission that they think the circumstances are exceptional and have tried to persuade it to change the basis for raising salaries, but the Commission has refused, with the backing of the European Court of Justice, which I shall come to in a moment.

The Government could, however, take another action. Under article 336 of the treaty on the functioning of the European Union, Governments are entitled to change the employment terms of people employed by EU institutions. If those terms are changed, the exceptional circumstances clause could be removed or changed—the whole basis for pay increases could be changed. That is where the Government ought to start. They should say to other member states that the employment terms and conditions no longer apply and are no longer relevant for the circumstances that we face. They can do so even if the Commission objects—that is in the treaty.

On the Court, in 2009 the Council instructed the Commission to use the exceptional circumstances clause. The Commission took the council to court and won the judgment of the EU in case C-40/10. The Court held that exceptional circumstances did not exist, and therefore overrode what the Council had done and reinstated the Commission’s proposals, which was interesting. When I raised the point with a lawyer, and said, “Well, what about the judges themselves? How are they paid?” the lawyer said, “It is inconceivable—inconceivable!—that the judges themselves could be beneficiaries of the scheme on which they had ruled.” I said, “It may be inconceivable, but is it possible to find out?”

A parliamentary answer from Lord Malloch-Brown, the then Foreign Office Minister, to a question from Lord Lester of Herne Hill, was helpful in that regard. Lord Malloch-Brown states:

“The terms and conditions for judges and advocates-general of the European Court of Justice…are set out in European Communities staff regulations.”—[Official Report, House of Lords, 18 June 2008; Vol. 702, c. WA166.]

The staff regulations are subject to the system whereby the terms and conditions may be changed in exceptional circumstances. I therefore looked at the regulations, thinking once again that it surely cannot be true that the EU—an institution that might not be liked and loved by many, but that is thought to understand basic principles of justice—has a situation in which judges decide on their own pay rise.

I therefore looked through “Title 1: General provisions”, article 1(21)(73)(96), which sounds very scientific. The provision states:

“These Staff Regulations shall apply to officials of the Communities.”

The document goes on to state:

“For the purposes of these Staff Regulations, ‘official of the Communities’ means any person who has been appointed, as provided for in these Staff Regulations, to an established post on the staff of one of the institutions of the Communities”.

The next step was to check what exactly are the institutions of the EU, because I still could not believe that there was such an affront to justice within the EU. I would have been very surprised had the European Court of Justice turned out to be such an institution, but when I looked at article 13 of the treaty on the functioning of the European Union, I found that the Court of Justice of the European Union, as it is properly called, is indeed one of the institutions of the EU. And yet according to the Commission, the Court’s judges had ruled so clearly that exceptional circumstances did not exist.

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

rose—

[Jacob Rees-Mogg]

I will of course give way to my hon. and learned Friend.

[Stephen Phillips]

I may or may not be the lawyer who described the idea that judges could be beneficiaries of a scheme on which they had ruled idea as “inconceivable”, but does my hon. Friend agree that if true, far from being inconceivable, it is utterly disgraceful?

[Jacob Rees-Mogg]

I am grateful to my hon. and learned Friend, because he gave me time to find the right quotation in my papers, which shows that he is even wiser and more helpful than I had thought. The Commission says that the Court found, in paragraph 74 of its judgment, that an extraordinary situation did not exist, and that it must enable

“account to be taken of the consequences of a deterioration in the economic and social situation which is both serious and sudden…under the normal method”.

The decision was that the economic and social situation was not serious and sudden enough.

[Sammy Wilson (East Antrim) (DUP)]

Does the hon. Gentleman agree that the situation he has so clearly described is just one example of how incestuous the EU system has become? One layer perpetuates and supports the other. If we are to get to grips with such arrangements, the only thing the Government can do is make it clear that we will not continue to finance them?

[Jacob Rees-Mogg]

I have great sympathy with what the hon. Gentleman says. We ought to start thinking about withholding money. I have long had doubts about how the EU works and the ratchet, but I had the idea that the judges—though they may have a political objective, though they may be in favour of a federal Europe, and though they may push the law to the most extreme point to make the case for a federal European state—would not break basic principles of natural justice. The principle is “nemo iudex in causa sua”—a famous principle judged on and upheld in this country for centuries, and not just in this country—but abrogated in the EU.

I am glad to say, Mr Deputy Speaker, that the requirement not to be rude about judges applies only to judges in this country. It does not apply to judges in the EU, so let me be rude about them. Let me indulge in the floccinaucinihilipilification of EU judges and quote from the book of Amos about them:

“For I know your manifold transgressions and your mighty sins: they afflict the just, they take a bribe, and they turn aside the poor in the gate from their right.”

Those are the judges of the EU. Her Majesty’s Government are right to stand up to them. They do not deserve their money and it is iniquitous that they have allowed themselves to be judges in their own cause. It is a breach of justice; it ought to be criminal.