European Union (Approvals) Bill

John Howell Excerpts

2nd reading: House of Commons
Tuesday 4th July 2017 Commons Chamber

[Margot James]

I thank the hon. Gentleman for his intervention, but I remind him of the scope of the Bill. It does not include much detailed discussion about our future trade relationship with Canada. For the avoidance of doubt, the Canadian decisions are about competition law, not trade.

The Fundamental Rights Agency was set up to support EU institutions and EU member states by improving the knowledge and awareness of fundamental rights issues in the EU, with a view to ensuring respect for fundamental rights. The agency does this through the collection and analysis of information and data. It can also formulate opinions on specific topics, either on its own initiative or at the request of EU institutions. It also has a role in communicating and raising awareness of fundamental rights, but it cannot hear individual complaints. EU accession candidate countries can be given observer status at the agency. This allows the agency to collect and analyse fundamental rights data from those countries, but it does not allow them the right to vote in decisions as part of the agency’s management board.

[John Howell (Henley) (Con)]

How does the agency differ from the Council of Europe? The Council of Europe looks after democracy and the rule of law within Europe, and it carries out exactly the same activities as the agency.

[Margot James]

The goal of the agency is to provide expertise on fundamental rights to EU institutions, member states and countries seeking accession when implementing EU law. The specific tasks of the agency are: to analyse and share information on fundamental rights in the European Union; to carry out scientific research and surveys on fundamental rights issues; to formulate opinions on specific topics, either on its own initiative or as requested by EU institutions; and to increase awareness on fundamental rights in the EU.

Albania was granted EU candidate status in June 2014. The UK supported the awarding of EU candidate status on the condition that Albania redoubled its reform efforts, with particular focus on justice and home affairs, especially tackling organised crime, corruption and illegal migration. The UK welcomed Albania’s progress in adopting legislation towards a judicial reform package in July 2016. Albania must now fully implement the judicial reform package as soon as possible, so that it can underpin other reforms.

Serbia was granted EU candidate status in 2012 and accession negotiations were launched in January 2014, with the first four negotiating chapters opened during 2016. The UK continues to support Serbia on its reform path, including through funding projects in Serbia.

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[John Howell (Henley) (Con)]

This is a time for everyone to congratulate you on your successful re-election, Mr Deputy Speaker, so let me do so again on behalf of the whole House.

Let us just reflect on what we are doing here. As my hon. Friend the Member for Stone (Sir William Cash) said, we will not be in the EU when Albania and Serbia are admitted as members, so we are using our role as members of the EU now to set out something for their benefit for the future, and that is an important point to remember. We are acting responsibly in our current membership of the EU, not simply washing our hands of those two countries.

In an intervention on the Minister, I asked what the difference is between the work of the Agency for Fundamental Rights and that of the Council of Europe. That is a very relevant question. According to the description she gave, what the agency does is exactly the same as what the Council of Europe does. I could not get a cigarette paper between the two definitions. As many Members have said in interventions, many of us, as delegates to the Parliamentary Assembly of the Council of Europe, are actively involved in monitoring Albania and Serbia—for example, regarding participation in their elections—and will continue to do so for many years after the UK has left the European Union, because the Council of Europe is not an EU body. The UK will, I hope, continue as a member of the Council of Europe and its subsidiary body, if I can use that term, the European Court of Human Rights. It is important to recognise that it is the Council of Europe that owns the European Court of Human Rights and the convention.

As my hon. Friend the Member for South Suffolk (James Cartlidge) said, we should not take lightly the situation in Serbia. I have spent many years in central and eastern Europe helping countries to develop along the paths of democracy and a market economy. Only a few years ago, Serbia appeared to us to be full of warlords, and full of all the angst of the Balkans at the time. It seems a miracle that Serbia has come so far. In my work at the Council of Europe, I spent a lot of time working with Serbian Members of Parliament. That was done on a cross-party basis—it was an extreme pleasure to work with a Serbian Socialist MP. Serbia has come so far in what it is trying to do, in what it has achieved and in where it is going.

The co-operation that we had encompassed all three areas that the Council of Europe looks after: democracy, human rights and the rule of law. It is important to stress those. There are two examples of Serbia’s problems in the region: one is Kosovo, which some EU members still do not recognise as a separate state, and the other is Montenegro. I am pleased to say that the last Council of Europe meeting was addressed by the Prime Minister of Montenegro, which shows the enormous respect those countries have for the institutions and for the individual members of those institutions.

Albania is a slightly different case. It was, I think, the 35th member of the Council of Europe, and we still monitor Albanian elections very closely. In fact, I was invited to be a monitor of the recent Albanian elections but was unable to do so because of our own general election. There has been an enormous difficulty with corruption in Albania. I am the Prime Minister’s trade envoy to Nigeria, which has a reputation for corruption, but I can tell hon. Members that Albania runs it a very close second in that respect. When I mentioned to an hon. Friend that I was going to say that in this debate, he warned me, “You’d better watch out. There will be gangs of Albanians wandering about, wanting to throw you into the boot of a car and do away with you.” Well, I have taken the risk and said it.

The Minister set out the responsibilities of the agency: to collect, analyse and disseminate objective, reliable and comparable information relating to the situation of fundamental rights in the EU. I see no difference between that and what the Council of Europe does. In Serbia, the Council of Europe is strengthening the capacity of law enforcement and the judiciary specifically in the fight against corruption. An additional project aims to harmonise court practices and to raise the capacity of judges, to ensure consistent application of the judgments of the European Court of Human Rights. Those seem to me to be identical to the activities the agency undertakes on behalf of the EU, so I believe there ought to be considerable co-operation between the Council of Europe and the agency. It shows how far Serbia has come that it also plays an active role regionally in promoting minority protection, in particular for the Roma community, and inclusive education.

The Council of Europe’s overall strategic objective in Albania is to promote the reform agenda across various sectors. Protection of human rights, anti-discrimination, the fight against corruption and organised crime, and reform of the judiciary, as well as freedom of the media and free and fair elections in line with general European standards, are all part of the effort to increase good governance and democratic participation. I know that Albania has a long way to go—it is behind the other countries of the Council of Europe and the EU in taking that agenda forward—but we are working on that.

It would be churlish of me to deny the rights of Serbia and Albania to be members of the agency on the basis set out in the Bill and in the agreements, but I do think that the European Scrutiny Committee could have looked more carefully at what the Council of Europe is doing and pointed out the overlap between that and what the agency will do. We have talked about how long accession takes. I suggest that the reason it takes such a long time is that there is little in the way of co-operation and harmonisation of aims between individual organisations.

Having expressed my belief that Serbia and Albania should be admitted, I will answer the question put earlier about what we can do to put pressure on those countries, which have emerged from horrendous periods in their history. We have to welcome them into our institutions. It is not necessarily about harmonising legislation and making it EU-compliant, as the agency does. All of that can be taken care of. What we have to do—this is where the Council of Europe works very effectively—is work with them, include them as part of our bigger European family, and press them to act in the right way in their own territories. As those other members of the Council of Europe will affirm, that is an effective practice when it comes to dealing with this issue. I welcome those countries, and cannot think of a reason to keep them out, but I do ask for more co-operation across the board.

Let me turn very briefly to the Canadian competition issue, on which many Members have commented. Personally I can see no difficulty in exchanging information and having a better system for exchanging information—whether that is via the EU or with Canada directly as a result of the activities that take place. On that note, I will sit down.