Wednesday 22nd January 2014

(10 years, 9 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
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No. I do not think that any member state would be able to say that it unreservedly welcomes and endorses, absolutely everything in the Commission’s work programme. Of the measures described in the work programme, there are some that we positively welcome, others where we think the proposal seems okay at first sight but we very much want to examine the detail of the promised measure before we come to a final conclusion, and others where we are quite open in saying that we think the Commission’s suggestion is mistaken. As I said to my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), we have already expressed considerable concerns about the data protection package, and we will continue to negotiate to try to ensure that it does not over-burden business while providing adequate protection for personal data.

Nor can we welcome the draft regulation to establish a European public prosecutor’s office. We believe that the Commission’s evidence for this proposal is weak, and we will continue to challenge it on its unacceptable, rather summary response to the yellow card that national Parliaments raised about it.

David Lidington Portrait Mr Lidington
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I give way to my hon. Friend, who follows this issue very closely.

James Clappison Portrait Mr Clappison
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My right hon. Friend is making an excellent point. Will he convey to the Commission how deeply disappointing it is for Parliaments to gather the requisite number of signatures for petitions from individual Chambers and for the Commission then peremptorily to say that it will go ahead all the same? That is very dispiriting for Parliaments.

David Lidington Portrait Mr Lidington
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I completely agree. It would be easier to accept the Commission’s unwelcome decision if, at the very least, it had produced a detailed explanation of its reasons and showed proper respect for the 19 different reasoned opinions. I continue to agree with my hon. Friend that the proposal is wrong, but I made it very clear at the last meeting of the General Affairs Council that I regarded the Commission’s behaviour on the measure as unacceptable, and I was pleased that Ministers from some other member states then spoke out and endorsed my criticisms of its approach.

The House will be aware that tomorrow marks a year since the Prime Minister’s speech setting out a vision for European Union reform. Today, there is growing support across Europe for reform and for accepting that it needs to become more competitive and democratic, so that it is a Europe in which, to quote the Dutch Government, our enterprise is based on being

“European where necessary, national where possible.”

As I said last week at the very stimulating conference organised by Open Europe and the Fresh Start group, we will get behind the proposal made by the Dutch Foreign Minister, Frans Timmermans, for a governance manifesto for the new Commission—agreed by the 28 accountable national Heads of State and Government—that lays out what Europe should focus on and, crucially, what should be left to member states. On the new items in the work programme, the House can be assured that we will be vigilant in relation to the subsidiarity principle and do our utmost to ensure that action is taken at EU level only when that is the correct level to take proposals forward.

We already work with partners across Europe to deliver concrete changes that benefit this country and every EU member state, including the first ever cut in the EU’s seven-year budget, which protects the British rebate; agreement on a single European patent after 23 years of negotiation, which safeguards the intellectual property of innovative British businesses; keeping the UK out of any eurozone bail-out facility, which safeguards British interests; and abolishing the obscene policy of discarding caught fish, which is a key element of wholesale reform of the common fisheries policy. It can therefore be done: reform is possible and it is happening. However, the Government recognise that there is much more still to do to make Europe more flexible, competitive and democratically accountable. Ministers will use every opportunity to push forward that agenda.

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Gareth Thomas Portrait Mr Thomas
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It is not for me to comment on the Conservative party’s membership, or not, of the EPP. We will no doubt hear more if there is any truth in the rumour.

The Commission’s work programme quite rightly cites deepening the single market as a key priority. It is the biggest such market in the world: a consumer market of 500 million people that generates £11 trillion in economic activity. It remains a deep concern of many in business that the Conservative party is willing to put at risk Britain’s membership of such a huge market for British goods and services. The Prime Minister also appears to be willing to risk our participation in bilateral free trade agreements, not least the hugely important potential EU-US trade agreement.

We on this side of the House recognise that to help Britain compete in the global market and uphold British living standards, the UK needs to advance, together with others in Europe, a reform agenda that promotes economic growth across the EU and, as a result, helps to tackle unemployment, particularly youth unemployment. That includes, as the work programme sets out, the need to extend and complete the single market—I agree with the Minister’s comments on the digital market—so that British companies can benefit from the opportunities of trade with our nearest allies. The operation of the single market in existing sectors must be protected in the face of potential closer integration between eurozone states.

The work programme outlines the continuing work of the Commission on economic governance and the banking union. Clearly, the stability of the eurozone, and sorting out the problems faced by banks in eurozone countries, is not just of great importance to countries in the single currency—it has a significant impact on the UK, too. Why it takes the European Union to clamp down on bankers’ bonuses, when the Government should be doing it, is a question we are still waiting to get a sensible answer on from Ministers. In this country, we still need real reform of competition in our banking sector to help small businesses get the support they need to grow, employ more people at decent wages and help Britain earn its way to better living standards.

Another important theme of the work programme is European co-operation on justice and security. The Commission is currently negotiating with the UK on the justice and security measures that we can opt back into. Our police and security forces are rightly working ever closer with their counterparts across Europe, co-operating on issues such as international terrorism, organised crime and human trafficking. For example, we would not have seen the arrest of one of the terrorists responsible for the 7/7 attacks in London without help from our European colleagues. More than 4,000 suspected criminals have been sent back to other EU countries to face justice, more than 90% of whom were foreign citizens, and while not perfect, the European arrest warrant has helped to tackle the so-called Costa del Crime, with 49 of the 65 top UK fugitives hiding in southern Spain having been returned to face justice. In short, we depend on our European partners for intelligence and operational support in order to protect the British public and the freedoms they enjoy. To ensure that those goals continue to be realised, the Opposition want to see the EU’s collective effectiveness further improved.

As I mentioned, the Government have triggered the justice and home affairs opt-out. Indeed, the Home Secretary and the Justice Secretary told the House that the block opt-out was first and foremost about bringing powers back home, yet the European Scrutiny Committee, chaired by the hon. Member for Stone (Mr Cash), having reviewed the significance of the justice and home affairs opt-out, said,

“we see little evidence of a genuine and significant repatriation of powers.”

Whom should the House believe when making that judgment—our European Scrutiny Committee or the Home Secretary?

James Clappison Portrait Mr Clappison
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Will the hon. Gentleman remind us who negotiated the opportunity for a block opt-out?

Gareth Thomas Portrait Mr Thomas
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It was one of a series of sensible reforms that the Labour party negotiated when in power. It was right that we had that judgment to make. It is clear from the work of the European Scrutiny Committee, however, that the list of measures the Government want to opt back into will not deliver what the Home Secretary and Justice Secretary claim it will—a significant repatriation of powers—or at least that appears to be the case, on the basis of the Committee’s conclusions.

It might help the House to reach our own judgment were the Government to update us on the negotiations with the European Commission on the measures they want to opt back into. For example, can the Minister reassure the House that the European arrest warrant will not be put at risk this year? If Ministers’ rhetoric is taken at face value, there remains a threat to continued British participation in European co-operation on cross-border police investigations, while UK involvement in criminal record sharing, work on trafficking and online child pornography, as well as deportation arrangements for suspected criminals, are all at risk too as a result of the opt-out. Such measures provide a vital legal process to prevent people from fleeing justice and to ensure that those responsible for crimes are held accountable.

Finally, on the tobacco products directive, the House might recall that Labour MEPs voted in favour of a range of proposals aimed at protecting children from being targeted by tobacco companies, including graphic warnings on packaging, the banning of chocolate and strawberry-flavoured cigarettes and a future ban on menthol cigarettes. Ignoring warnings from Cancer Research UK, the British Heart Foundation and even the advice of their own Health Secretary, Conservative MEPs voted to weaken cigarette warnings, for weaker regulation of electronic cigarettes and to delay the ban on menthols, and blocked a ban on slim cigarettes, which I understand are particularly targeted at young women. Will the Minister tell us how those negotiations are progressing?

In general terms, the Opposition support the work programme, but 2014 will be remembered less for this programme and more, I suspect, for how the Prime Minister’s continued weakness in front of right-wing Back Benchers threatened our influence across the European Union.