EU Charter of Fundamental Human Rights

Julian Lewis Excerpts

Thursday 12th July 2012 Commons Chamber

[Mr Cash]

No, I do not. As a matter of fact, I have been very much personally involved in the Jubilee campaign, standing up for the rights of people in other countries who are being persecuted. Indeed, as the hon. Lady will know, I have also promoted the issue by forming the all-party group on water and sanitation in the third world. I stand absolutely 100% behind people’s rights in that regard. What worries me is when the whole thing is codified—as it is in the papers before us and the strategic plan—and interwoven with the universality matrix, and then buttressed by legal requirements. Therefore, when I hear the Minister saying, “Well, we will exercise the veto as and when it is appropriate”—if I can put it in generic terms—I simply do not believe that to be a realistic way of dealing with the issue.

This is another example of the European Union engaging in European creep on a monumental scale. I am not against the individual defence of people in relation to human rights questions, and there are many things that crop up in the European strategic framework and action plan that I would strongly support in an individual context. What worries me is the universality, not only because of the panoramic view that is taken of all these matters, but because of the panoramic way in which it will be applied in practice, headed by the European representative. This is essentially a practical question.

[Dr Julian Lewis (New Forest East) (Con)]

Is it my hon. Friend’s assertion that, while he has no objection to a democratic country expressing strong views about abuses of human rights in other countries, democracies or otherwise, his real objection is that the European Union is seeking to take on this role without constituting a democracy in its own right?

[Mr Cash]

That is exactly the point. This is almost a jurisprudential question. It is not about fancy philosophy; it is about how we make decisions relating to individual, practical instances. My hon. Friend is entirely right to make that point. It is difficult to imagine that we will be able to make a choice, once the machinery is moving forwards. I shall give the House an instance from among the wide range of activities in the many pages of the strategic framework and action plan that has been adopted by the EU Council. By engaging in this proposal, we are effectively endorsing European creep. I know that my right hon. Friend the Minister says that that will not happen, and that we will have the opportunity to exercise the veto, but I just do not see this as a practical way of working.

The Council has adopted the measure, and we have demanded this debate on the matter for very good reasons. We want to examine exactly what the measure contains. There simply is not enough time, in the one and a half hours allotted to us, to go through the incredibly complex questions that arise from the matter or to deal with the interaction of the decisions and the impact that they will have on human rights law in this country or in others.

I shall give the House a flavour of what I am talking about. Anyone listening to or reading the debate might like to look at the range of matters in the action plan. I mentioned that it is divided into outcomes, actions, timings and responsibilities. It is divided into seven chapters, and it sets out a variety of external policy activities. This has been agreed by all member states. Seven headings cover 36 policy areas and 97 potential actions, and that deals with the matter only in the generic sense. When we reduce this to individual cases, we are effectively saying that the EU will have a supervisory responsibility, subject only to the caveat that we will be able to exercise the veto, as my right hon. Friend the Minister said. I do not see that happening, however, once the machinery has been set up.

This is very much like the External Action Service. Indeed, it is very much like the EU itself. I said in 1992, or whenever it was—it seems a very long time ago now—that once the Maastricht treaty had gone through, once the European governmental system had been created with all the qualified majority voting that went with it, once we had created the mechanism and endowed it with resources, and once we had increased and implemented its legislative capacities and functions, we would have constructed an enormous creature that was incapable of being restrained. That is exactly what has happened, with disastrous consequences.

To come back to the main issue, let me provide a few examples. In the first place, the action plan refers to

“Human rights and democracy throughout EU policy”.

For those who are interested, this is taken from a Library note dated 9 July. It is also referred to in the papers before us and it has been looked at by the European Scrutiny Committee. The plan refers to the need to

“Incorporate human rights in all Impact Assessment”,

and to

“Insert human rights in Impact Assessment, as and when it is carried out for legislative and non-legislative proposals, implementing measures and trade agreements that have significant economic, social and environmental impacts, or define future policies.”

I would like to know what is not included in that, and what the opportunity would be for any restraint on the use of such provisions in the strategic plan.

The plan also refers to

“Genuine partnership with civil society”,

and that

“Heads of EU Delegations, Heads of Mission of EU Member States, heads of civilian missions and operation commanders shall work closely with human rights NGOs active in the countries of their posting.”

I would be the first to support NGOs in their individual activities, but this is a mandatory requirement, going beyond what I would describe as voluntary activity. Then there is the need to

“Present EU performance in meeting the objectives of its human rights strategy in the annual report on human rights and democracy in the world.”

I would be on the side of all those campaigners when it comes to individual human rights matters. I see in his place the hon. Member for Islington North (Jeremy Corbyn), who knows that I campaigned with him on issues relating to the Chagos islanders. Going further back, I was also involved with the issue of aboriginal rights in Canada. I could provide a whole list to show that I have been as much at the forefront as anyone else when it comes to campaigning against abuses of human rights. Where I differ, and why I object to these arrangements, is in respect of this overarching determination to get away from specific campaigns into this idea of universality, whereby I think we miss the wood for the trees.