Commission Work Programme 2015

Jacob Rees-Mogg Excerpts

Monday 9th March 2015 Commons Chamber

[Mr Lidington]

I think that my right hon. Friend is being too pessimistic. As I said earlier, the test will be whether at the end of five years we can look back and say that the Commission has delivered in practice what its words indicated at the start of its tenure. I completely accept that there is a real problem with the Commission’s working culture, which, to be fair, like many national Government Departments, tends to judge success by the output of new law and new regulation, rather than the quality of what is actually done on a number of core priorities.

I was pleased to note that the Commission confirmed this weekend that 73 of the measures proposed for withdrawal have now been formally withdrawn. By comparison, the 2014 work programme proposed 29 new initiatives and prioritised a further 26 measures for adoption, and in 2010 there were some 300 new measures proposed. This work programme is focused on fewer measures, and on measures that will encourage growth and jobs, deepen the single market, conclude trade agreements and improve regulation, freeing up business from unnecessary regulatory burdens. The Government welcome that new focus.

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

I cannot agree with my right hon. Friend. Of the 73 proposals being withdrawn, 71 are either obsolete or have already been blocked by the Council. Of the 79 actions being withdrawn under REFIT, 58 are evaluations or studies, five are proposals to codify, two are proposals to simplify, one is a proposal for a simplified framework and two are proposals for an update or a review. There is only one that would reduce something, against 452 Commission proposals, less the 73 that are sitting on the table. He tells us that this is a great success for Europe. What would be failure?

[Mr Lidington]

Failure would be Europe failing to give priority to job creation, economic growth and competitiveness at a time when a horrifying number of people, particularly young people, are out of work in this continent and when European competitiveness is not only slipping behind that of the United States, but is at risk because of the global shift of economic power to Asia and Latin America. The answer to those economic challenges lies in Europe raising its game dramatically as far as competitiveness is concerned.

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[Mr Lidington]

We can argue about all sorts of improbable hypotheticals, but the key point is that, while President Juncker was expressing a view that he has made no secret of holding in the past, this is not a live issue for debate around the table in Brussels at the moment. In fact, both President Juncker and others who have spoken in support of a European army or defence force have said that they see it as being a very long-term objective.

Turning to the amendment tabled by my hon. Friend and a number of other members of the European Scrutiny Committee, the Government recognise public concerns about immigration from other member states and the need for the Commission to do much more to address the abuse of free movement rights and the problems to which it gives rise. That is why this Government have gone further than any previous Administration to try to tackle the problems associated with free movement both domestically and at the European level.

We have acted domestically to tackle abuse and ensure that the rules governing access to our welfare system and public services are as robust as possible. Only today, my right hon. Friend the Secretary of State for Work and Pensions has laid regulations in Parliament to ensure that EU jobseekers have no access whatsoever to universal credit.

At European level, we secured language in last June’s European Council conclusions on the need for the Commission to support member states in combating the misuse of free movement. We continue to work both with member states and the Commission to reform EU social security co-ordination rules so that they better reflect current migration patterns and the divergent, diverse nature of member states’ welfare systems, while ensuring that member states can maintain effective control of their own welfare systems. Welfare provision is of course set down in the treaty as belonging to the competence of member states, rather than that of European institutions.

We welcome the proposal in the work programme on the labour mobility package—it covers several such items—which will assist us in carrying forward our ideas. However, we are very clear that there is much more to do, as my right honourable Friend the Prime Minister made clear in his speech on 28 November. I therefore have no problem in welcoming the amendment tabled by my hon. Friend the Member for Stone (Sir William Cash), which will be agreed to at the end of the debate.

[Jacob Rees-Mogg]

I commend my right hon. Friend’s wisdom in accepting the well thought through amendment tabled by my hon. Friend the Member for Stone (Sir William Cash). In relation to the debate on free movement, will Her Majesty’s Government reconsider their stance on Switzerland? If we are serious about renegotiation, it seems to me that we must take a sympathetic view of its effort to get out of the principle of free movement. If that is one of the four fundamental principles applied to Switzerland, which is not even a member state, how can we have a thorough renegotiation?

[Mr Lidington]

The challenge the Swiss Government face is that they have entered into a series of bilateral agreements with the European Union linking a number of different elements together. For example, in the Swiss bilateral treaties with the EU, access to some of the EU’s single market provisions is explicitly linked to accepting the principle of freedom of movement. At the moment, it is written into that package of bilateral treaties that if one is revoked or renounced, all of the agreements will fall by a certain deadline. That is the challenge the Swiss Government face following the referendum early last year. We remain in close touch with Switzerland, a friendly country, and we hope that we can find a satisfactory way forward.

[Jacob Rees-Mogg]

rose—

[Mr Lidington]

If my hon. Friend will allow me, I am conscious that the debate is time limited, and I want to let other Members speak.

Before I conclude, I want to refer to the question of regulation. During his hearing in the European Parliament, Vice-President Timmermans pledged to conduct a review of pending legislation, which was completed in late 2014; to launch a revised inter-institutional agreement on better law-making in spring 2015; and to conduct a review of better regulation by October 2015.

We are continuing to work with other member states to implement the recommendations of the Prime Minister’s business taskforce on EU regulation—the introduction of EU burden reduction targets, even greater use of lighter regimes and exemptions for small and medium-sized enterprises and micro-enterprises, and greater independence and powers for the Commission’s Impact Assessment Board.

Thirteen of the 30 recommendations of the Prime Minister’s taskforce have been fully implemented at European level, and progress is being made on others. The Commission has set out its intention to review, recast, merge or replace some 79 EU Acts as part of its Refit programme. We have long pushed for EU legislation to minimise unnecessary costs to business, particularly SMEs, and it is positive to see that reflected in the work programme and what appears to be a reinvigorated approach by the Commission to better regulation.

Overall, the work programme shows encouraging signs that the Commission wishes to take the EU in what we consider to be the right direction, at least on the economic priorities. It is important to judge the Commission by what it now does in practice. In our view that means implementing the work programme in a way that respects the principle of “Europe where necessary, but national wherever possible”, reduces the burden of European regulation on business and eliminates barriers to growth, and supports increased competitiveness, trade and the completion of the single market. If that is the outcome, it will demonstrate important progress in the Government’s EU reform agenda.

During the past five years, we have already secured the first ever reduction of the EU’s budget; significant reform of the common fisheries policy, including a ban on discards; the launch of talks on an ambitious transatlantic trade deal; and important protections for non-eurozone countries in respect of banking union. Just five years ago, it would have been unthinkable for the first work programme of a new Commission, which would want to demonstrate its ambition, to contain just 23 priority initiatives. That is evidence that this country’s messages are being heard and acted on.

We launched this debate, and today there is growing consensus across Europe in favour of reform. We will continue to work energetically to ensure that the EU becomes more competitive and democratically accountable, deepens the single market to enable free movement of services and capital, and tackles abuse of the principle of free movement. I commend the motion to the House.

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[Sir William Cash (Stone) (Con)]

I beg to move amendment (a), at end add

‘; and urges the Government to encourage the Commission to develop policies during 2015 relating to the free movement of EU citizens.’

It is truly shocking that it took more than a year for the Government to bring forward a debate on the free movement of EU citizens, given that the document in question was recommended as long ago as January 2014 regarding a matter of enormous significance that was discussed on 5 December 2013 in the Justice and Home Affairs Council. This issue goes right to the heart of the immigration question, which in turn lies at the heart of the European question as it applies to the United Kingdom, and it is a matter of intense political and controversial debate. It is inconceivable that this matter should have been so shockingly delayed, and that led the European Scrutiny Committee to ask the Leader of the House to give evidence and be cross-examined on why these important matters, including free movement as well as things such as the EU budget and the charter of fundamental rights, are outstanding. We were told by the Minister and the Leader of the House that they could not disclose how that decision had been arrived at because it was a matter of collective Government responsibility. The Committee is glad that by tabling the amendment it has forced the Minister to welcome it.

[Jacob Rees-Mogg]

I wonder if I might add to what my hon. Friend is saying. Although the Minister and the Leader of the House said that they could not possibly tell us who was blocking the provision, the Home Secretary, the Foreign Secretary, the First Secretary of State and the Minister for Europe all intimated that they were very much in favour of having the debate, and wished that it could be brought forward as a matter of urgency although forces beyond their control prevented it.

[Sir William Cash]

My hon. Friend is right in every respect and we have all the transcripts to prove it, including from various Secretaries of State. It is effectively an example of decisions being taken behind closed doors in smoke-free rooms. Those are the new modernising methods of government. I disapprove of them and so does my Committee, as shown by the fact that we tabled this amendment.

Let us move on and accept that we are now able to debate free movement; I particularly want to concentrate on EU migration and benefits in that context. I wrote a letter to the Prime Minister on 18 November, which was 10 days before he made his speech at JCB in Staffordshire on the question of free movement, and I drew attention to the fact that I believed we were faced with a real problem. However much we might want to make certain changes, unless we were prepared to dig in and make this Parliament supreme on matters of such vital national interest, we would not get the necessary changes because some of them required treaty change and others required overriding the charter of fundamental rights. Although the Prime Minister accepted in questions after his speech that some of those matters would require treaty change, in reality that is not on offer in any substantial way from the other member states.

The principle of free movement is embedded in the ideology and principles of the other member states, and particularly the European institutions and European Commission, despite how that may affect us as a small island with a greatly increasing population and pressures on social housing and education—the list is endless. Unlike other member states such as France, Germany and Spain that have large land masses and can absorb many more people, we simply cannot do so. It is therefore a matter of vital national interest—quite apart from questions that I will mention in a moment about abuse of the system—that has led us to a position where we have desperately wanted to put our foot down. Some of us believe that we should override European legislation and the charter of fundamental rights by using the “notwithstanding” formula—that is notwithstanding the European Communities Act 1972, which is past legislation as I have said many times before—so that we can ensure that our Supreme Court obeys the laws of this Parliament which is elected by our voters in general elections.

When the election comes—it is only a matter of 60 days or so—this issue will be at the centre of gravity in that election, and we will be asked whether we will take the necessary steps in line with what voters insist on. I am afraid the answer to that question is that there will be no treaty change or overriding of the charter, and when I have asked Ministers and the Prime Minister whether they will use the “notwithstanding” formula, I have been told no.

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[Keith Vaz]

I am most grateful to the Minister. It might not seem long to him, but, picking up on a point made by the shadow Minister, it is good to have these matters debated in the House as quickly as possible. If Parliament is to have any influence on the Commission, it is good to have them before us as quickly as possible.

[Jacob Rees-Mogg]

I support the right hon. Gentleman’s comments entirely. The Commission work programme is the equivalent of the Queen’s Speech, and it is inconceivable that the House would wait nearly three months before debating the Gracious Speech and then allow only 90 minutes to do so.

[Keith Vaz]

Indeed. As the hon. Gentleman says, there is the time issue. Several right hon. and hon. Members wish to speak—even if they are the usual suspects—and to give these issues our proper attention, we need longer than 90 minutes. I know how much you enjoy these European debates, Mr Deputy Speaker.

May I again congratulate the Minister for Europe on lasting five years? To get a five-year sentence under the criminal law, one has either to have been trading in firearms or to have been guilty of violent disorder. I do not know what he did right, but he is obviously the Prime Minister’s blue-eyed boy, because he has kept him tethered to the Dispatch Box as Minister for Europe. I would love to see how many stamps he has in his passport—but it is the EU so there will be no stamps. Anyway, well done to him for surviving so many of these debates.

I want to concentrate on one aspect of the five headline points in the Commission programme—migration. The hon. Member for Stone talked about legal migration and the issues confronting the British electorate—issues that we need to discuss—but I want to concentrate on illegal migration. On a recent visit to Calais, the Home Affairs Committee accepted the point made by the Mayor of Calais that once illegal migrants get there, they can see the UK and it is therefore already too late. Even the fence, like that used to surround and separate G8 leaders from the constituency of my hon. Friend the Member for Newport West (Paul Flynn), though robust, has been blown down twice. It is too late, once the illegal migrants get to Calais; this issue needs to be dealt with by the EU and the Commission at the point of departure from north Africa.

As my right hon. Friend the shadow Minister said, the Italians are bearing the brunt of this problem. More than 250,000 people travel cross the Mediterranean every year; 3,200 have died—those are the ones we know about; and the Mare Nostrum initiative has been stopped because Frontex simply cannot deal with the problem. It is not just Italy, though. In the past five years, the Committee has also visited the border between Greece and Turkey. We know what pressure the Greeks are under, because of their economic situation, and people are flooding into Turkey from Iraq and Syria, despite the efforts of the Turkish Government. Once they arrive in Greece, they are kept in detention for up to three to four months, before being released on the border between Greece and Turkey. They end up in Athens, but their destination of choice is the UK and western Europe.

Illegal migration is the No. 1 issue facing the EU, and although it is recognised as such in the Commission’s programme, under the heading “Towards a New Policy on Migration”, actually we do not hear enough from the Commission and Ministers about this critical issue. It requires a new deal with the countries of north Africa, particularly in respect of how the Egyptians, Libyans, Algerians, and to a lesser extent the Moroccans and Tunisians, deal with the people traffickers, who take up to €10,000 each from each migrant on the boat and then leave them, sometimes without a captain, in the hope that the Italian Government will send ships to save them, which does not always happen. So although it is not necessarily on the conscience of people sitting in this House, it is certainly on the conscience of the Commission, if it has one.

Dealing with illegal migration requires an EU approach; it is not just a matter for the United Kingdom. As I have said, once the migrants have reached Calais, it is far too late. I would be keen to know from the Minister today, and from his successor—unless the Minister’s party wins the election and the Prime Minister is persuaded that the right hon. Gentleman is prepared to do another five years—what is happening in the EU with illegal migration, because it is a huge problem that needs to be resolved.

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

Let me begin by talking about the way in which we have arrived at this debate, and also about the amendment that has been tabled by my hon. Friend the Member for Stone (Sir William Cash) and all the other members of the European Scrutiny Committee who were present at Wednesday’s meeting. It is highly unusual for a Select Committee to table a cross-party amendment on a subject that was recommended for debate nearly 14 months ago.

The Government should bear it in mind that no Government are in office for ever. They should bear it in mind that the great protection of our liberties is the House’s entitlement to debate what it wishes to debate, and that they should treat that entitlement properly and respectfully by allowing such debates to take place. They should also bear it in mind that delaying deliberately, for 14 months, a debate on the free movement of people—a subject which, as we heard from the hon. Member for Luton North (Kelvin Hopkins), is being discussed on every doorstep in the country—shows a contempt for the House of Commons that constitutes a grave error.

When things change and another party is in government, that party too will notice that it is possible to ignore the Standing Orders of the House. That party too will notice that it is easy to clamp down on discussion in what ought to be a hotbed of democracy, and our freedoms will ebb away.

The Government ought to be ashamed of themselves for their delay, and the Ministers who claimed to be so much in favour of the debate when they appeared before the European Scrutiny Committee—or on the Floor of the House during questions to the Leader of the House—ought to recognise that they are powerful figures. When the Home Secretary, the Foreign Secretary, the Minister for Europe and the First Secretary of State all want a debate, it is extraordinary that we do not get that debate. Who is the mystery figure, hidden somewhere in the corridors of Whitehall, who vetoes debates?

[Sir William Cash]

Clegg.

[Jacob Rees-Mogg]

Is it our right hon. Friend the Member for Sheffield, Hallam (Mr Clegg) who vetoed the debate, or is it simply some mystery in the machine? Is it some faceless bureaucrat, some poor fellow sitting patiently in the officials’ Box?

[Martin Horwood (Cheltenham) (LD)]

rose—

[Jacob Rees-Mogg]

Or is it my hon. Friend the Member for Cheltenham, who now wishes to intervene?

[Martin Horwood]

It certainly is not the hon. Member for Cheltenham, or indeed, I suspect, my right hon. Friend the Member for Sheffield, Hallam (Mr Clegg). The purpose of my intervention, however, is to take a rare opportunity to agree with the hon. Gentleman. I, too, think that debate on European matters in this place should not be subject to undue delay, and that European scrutiny that is scrunched into two short periods after a long delay is utterly inadequate when it comes to what the right hon. Member for Wokingham (Mr Redwood) rightly described as a European equivalent of the Queen’s Speech. We should take a fresh look at all this in the next Parliament. Nevertheless, I should like the hon. Gentleman to substantiate any other allegations that he makes about individual Members.

[Jacob Rees-Mogg]

I am grateful for that helpful intervention. I was only speculating that the right hon. Member for Sheffield, Hallam—my friend—was responsible. In fact, I think that that is unlikely; I think that the person in question is more deeply hidden in the machinery than such an easy target as the Deputy Prime Minister.

This topic is of fundamental importance. According to press reports that have appeared over the past few days, 187,370 Romanians and Bulgarians were given national insurance numbers in 2014 alone. In other words, more than 200,000 people from Romania and Bulgaria have been given national insurance numbers during the period in which we have been waiting for this debate. That is an extraordinary state of affairs. According to a report from Oxford university, the population has risen by 565,000 in three years, and two thirds of those people are from European Union countries. In London alone, the population of EU member state nationals has risen by 161,000, from 711,000 to 872,000, during those three years.

The Government shy away from debates on this subject, thinking that if they do not talk about it, the nation will not notice; but the nation has noticed. I see that the hon. Member for Rochester and Strood (Mark Reckless) is present. His entire party is making hay with the subject, because other politicians, including the right hon. Member for Wolverhampton South East (Mr McFadden)—other major political figures—are shying away from it. They believe that if they keep quiet, no one will notice. However, this is an issue of great importance to our constituents, who are worried about the sheer number of people who are entering the country because of free movement.

The Government are not setting out the groundwork for the renegotiation properly. At the December 2014 Council, they agreed to the following words, which appeared in the Council’s conclusions in relation to Switzerland:

“It”

—the Council—

“considers that the free movement of persons is a fundamental pillar of EU policy, and that the internal market and its four freedoms are indivisible.”

That seems to me to be a pretty bold statement, especially in connection with what we have heard about the Prime Minister’s speech on immigration being sent to Mrs Merkel for approval before being delivered. It seems that our policy on immigration must have the stamp of approval from Berlin, but we must be so committed to the European ideal that we view the free movement of people as unchallengeable. If we think that in regard to Switzerland, how can we renegotiate ourselves?

When I raised that question with my right hon. Friend the Minister for Europe earlier, he said that Switzerland had tied itself into a number of treaty arrangements, and that if it removed itself from one of them, it might find itself being removed from all of them. Surely that is exactly what we are trying to do in a renegotiation: surely we are trying to remove ourselves from some of the treaties to which we have agreed, but not from all of them. Perhaps the Government think that that is an equally disgraceful approach, but if it is sauce for the Swiss goose, surely it is sauce for the British gander. It cannot be right for the Government to take such a strong pro-European line in this regard. It shows a lack of sincerity in their approach to renegotiation—and if they renegotiate with a lack of sincerity, the British people are far more likely to vote to leave the EU, and the Government will get precisely the result that they do not want.

Time is short, and you, Mr Deputy Speaker, have asked for the Minister for Europe to be given a couple of minutes in which to wind up the debate. It is illustrative of how little time we have been allowed that a debate on the equivalent of a much longer Queen’s Speech and the free movement of people has been so truncated because of the Government’s failure to deliver on their promises. However, I want to make one more comment, in support of my right hon. Friend the Member for Wokingham (Mr Redwood). The financial transaction tax and the uniform corporation tax base represent a fundamental effort to take sovereignty from this country in fiscal matters, and patriate it to a European state. The fact that we have been given only 90 minutes in which to debate a matter of such importance is pretty poor according to the Government’s standard.