European Union (Approvals) Bill [Lords]

John Hemming Excerpts

Monday 4th February 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)]

This has been perhaps a more thorough and detailed debate than one might have initially anticipated. I am grateful to all hon. Members who have spoken and contributed to the debate. As the Minister for Policing and Criminal Justice said when he opened the debate with a typically eloquent and articulate introduction, the Prime Minister has recently set out the need to examine the UK’s relationship with the European Union. The debates held last week, both here and in the other place, provide an opportunity to start to discuss the broader issues of our relationship with Europe. There will be many opportunities further to examine that relationship. I would therefore like to limit my remarks to the specifics of the Bill.

I would first like to put on the record that it is because of the increased parliamentary control over EU decisions, which the Government delivered through the European Union Act 2011, that no UK Minister can vote in favour without first getting parliamentary approval—a very important point that a number of Members have made this afternoon.

[John Hemming (Birmingham, Yardley) (LD)]

I found the Bill interesting when I looked it up this morning on the internet. I read the explanatory notes, which refer to two draft decisions of the Council of the European Union and one draft decision of the European Council. Obviously, I know the Council of Europe is nothing to do with the EU, but what is the difference between the Council of the European Union and the European Council?

[Mark Simmonds]

Had the hon. Gentleman been here for the whole debate, he would have heard about that. I am happy to give way to hon. Members who have participated in this debate rather than to those who have just wandered into the Chamber.

It is because of increased parliamentary control that we are debating the elements in the Bill. It gives the House an opportunity to consider several technical measures designed to make the EU more efficient and accessible. The Bill will give parliamentary approval for the Government to agree with three EU decisions. The European Union Act 2011 requires us to seek that approval before the Government can vote in favour of them at EU level.

As the House has heard, the first decision will give legal effect to the electronic version of the Official Journal of the European Union, which will make access to EU law faster and more economical. The second decision will agree the work of the EU Fundamental Rights Agency for the next five years, which will ensure that the Council directs the work of the agency into areas considered to be a priority by member states. The third decision will maintain the current arrangement of having one EU commissioner per member state, which will fulfil a commitment to the Irish and will guarantee that the UK retains its commissioner and is in a stronger position to influence the make-up of the next Commission.

I am grateful to the hon. Member for Caerphilly (Wayne David) for his support for the Bill. He rightly welcomed parliamentary scrutiny, but it was slightly perplexing that he also welcomed referendums, given his party’s position on not allowing the British people the right to decide on what relationship they wish to have with the EU. He also made an important point about the fundamental rights issue, to which I shall return in a minute.

We then heard from my hon. Friend the Member for Daventry (Chris Heaton-Harris), who gave a typically knowledgeable and detailed contribution on the workings of the EU. He was right to highlight the importance of parliamentary scrutiny, the significant change that the Government made and how it was in the UK’s interest. I also welcome his support for these small, technical, but important, measures. He was correct to highlight the Lisbon treaty proposals and how they have since changed, particularly in how they relate to the Commission.

My hon. Friend will also be aware of the necessity, owing to the Irish position, of ensuring that each country has a commissioner, thus ensuring that the UK has a commissioner. He should be aware, however, that the draft decision states that that position should be reviewed when a new Commission is appointed in 2019 or when the number of EU member states exceeds 30, whichever is earliest. I reiterate to him that the Government are committed to having a leaner, less bureaucratic EU, to improving the efficiency of EU institutions, including the Commission, and to continuing to push for substantial reductions in the EU’s administration costs.

We then heard from the hon. Member for Luton North (Kelvin Hopkins), who forcefully argued for an EU commissioner for each country. Part of the Bill will ensure that the UK has the commissioner for the next Commission period. I reiterate to him what I said to my hon. Friend the Member for Daventry.

Then we heard from my hon. Friend the Member for Cheltenham (Martin Horwood). I am grateful to him for his support for the Bill. When he started speaking, I wondered where he was going on the lack of necessity for scrutiny of these important aspects emanating from the EU, but I think he came full circle and, in the end, supported scrutiny. He will no doubt intervene if I have misinterpreted his remarks. I was also slightly perplexed by his comments about the capacity of smaller EU countries to manage a commissioner. Many small EU countries’ commissioners have made a significant contribution to the EU, and I am sure they will do so in the next period.

We then heard a traditionally articulate and passionate speech from my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), who was absolutely right, yet again, to highlight the importance of scrutiny, to recognise the vital role of the European Scrutiny Committee—a theme to which I shall return in a moment —and to highlight the significance of article 352, under which any powers brought forward must be agreed unanimously by the Council and EU Parliament. For the UK to agree that at the Council, however, and therefore for the required unanimity to be secured, the UK Parliament must first give its approval. That is what the Government have put in place under the 2011 Act. My hon. Friend was right to suggest that section 8 of the Act stated that a

“Minister of the Crown may not vote in favour of or otherwise support an Article 352 decision unless”

it is approved by an Act of Parliament. That is why this level of detailed, forensic scrutiny is essential and in the UK’s interest. Without the agreement of Parliament, therefore, a proposal brought forward under this legal base cannot be adopted throughout the EU.

We then heard from my hon. Friend the Member for Stone (Mr Cash), who gave a traditionally detailed, analytical speech. I was pleased that he welcomed the Prime Minister’s announcement of the referendum, although I accept that perhaps he does not agree with the timing. I would also like to put on the record my congratulations to him on his chairmanship of the European Scrutiny Committee. He does a sterling job not only for the House, as was mentioned, but for the country.