(13 years, 8 months ago)
Commons ChamberIt is indeed important to be consistent, but it is also important to couple that—as the hon. Gentleman did—with a recognition that there are many differences in countries and cultures. The imposition on other countries of everything that we believe in our country is not always the best way of getting people to do what we think is the right thing.
I am most grateful to the Foreign Secretary for allowing this intervention. May I take him to Yemen? He might not have mentioned Yemen yet, but he might be mentioning it later in his speech, so may I ask that the process that has been started will continue and that a Minister will attend the Friends of Yemen meeting in Riyadh that starts next week? I acknowledge the need for reform, but let me say that the enormous amount of face time that the Foreign Secretary and the Department for International Development have invested in keeping Yemen as stable as possible is also important.
Let me try to address each of the three questions that the hon. Gentleman cunningly asked within that single intervention. First, I was seeking to make a different point about the EU position. I was saying that trade barriers are a crucial issue if we are to enable these countries to trade their way out of the stagnation that has contributed to many of the problems in the region. I accept that there are issues in relation to resource transfer, and I am on the record as saying about the EU’s external budget that we should look at whether, for example, resources should be transferred from Latin America to north Africa in the light of what we have witnessed. There is a pressing challenge in relation to trade, therefore.
Secondly, on the European Council’s deliberations on Friday, it was disappointing that there were such discordant voices around the table. It is not yet fully clear to me whether a specific proposal was tabled at the EC, or whether a general conversation ensued. From my experience of working in the Foreign Office as Europe Minister in a different period, I was surprised that the judgment was made that a joint letter issued by the British Prime Minister and the French President was likely to secure European unity. Given the need to try to secure not least the support of Chancellor Merkel, I would have thought a more judicious approach might have been to try to ensure the co-operation and engagement of Berlin at an earlier stage in the process.
The hon. Gentleman’s third point was about the arming of the rebels. I have consistently made it clear during this crisis that all options should remain on the table and all contingencies should be considered by the international community. I am not convinced that the EU would be the appropriate body in that regard, but I have said that all contingencies should remain on the table.
Let me now make a little more progress with my speech. First, I ask the Minister who winds up this evening to answer the following questions on Egypt: have the British Government taken steps to ensure that the Egyptian authorities release the political prisoners who were detained at the time of the protests, and what specific recommendations have been made on the recognition of trade unions and other institutions in Egyptian civil society?
On 14 February, the Secretary of State told this House:
“We have also received a request from the Egyptian Government to freeze the assets of several former Egyptian officials. We will of course co-operate with this request, working with EU and international partners as we have done in the case of Tunisia. If there is any evidence of illegality or misuse of state assets, we will take firm and prompt action.”—[Official Report, 14 February 2011; Vol. 523, c. 715.]
We discovered only at Foreign Office questions on Tuesday of this week that the Government did not have the necessary information from the Egyptian authorities and that our European partners were not moving quickly enough. Will the Minister therefore tell the House what steps the Government have taken to get the necessary information from the Egyptian authorities, and what the Government are doing to move the process along in the European Union?
Bahrain has, rightly, already been the subject of a number of interventions. The situation in Bahrain is deeply worrying, and it is deteriorating. The real risk today is not simply that the legitimate aspirations for reform and change in that country are denied—important thought that is—but that this tiny island could become the violent fulcrum of a wider battle for regional influence. That is why I stand with the Government in their urging of restraint in these dangerous days. Indiscriminate violence used against peaceful protests is unacceptable anywhere and should be condemned comprehensively.
The security response taking place in Bahrain cannot be a substitute for a political resolution. A political solution is necessary and all sides must exercise restraint and work to produce a dialogue that addresses the needs of all the Bahraini citizens. I listened with care to the Foreign Secretary’s remarks indicating that our Prime Minister had talked to the King of Bahrain and that the Foreign Secretary himself had spoken to the Bahraini Foreign Minister, and I welcome those interventions, but may I ask the Minister to tell the House what representations the Government of the United Kingdom have made to the Government of Saudi Arabia to urge restraint, and have our Government obtained a clear picture of Saudi Arabia’s intentions in Bahrain?
Reform towards a constitutional monarchy is being countenanced not only in Bahrain: in Morocco on 9 March King Mohammed tasked a group of esteemed Moroccans, including dissidents, to draft a new constitution. In particular, he called for a separation of powers, including an independent judiciary, a more equitable system of governance across the country’s provinces, and a series of amendments that would enshrine individual liberties, human rights and gender equality. What some have called “the King’s revolution” must translate words into deeds and the promise of reform into the reality of change.
Elsewhere across north Africa and the middle east we need to be consistent in urging the embrace of more democratic reform, which is why, on Yemen, the Government are right to urge progress on national dialogue with opposition parties and democratic reforms. Clearly, there also needs to be a clear plan for economic development and poverty reduction in Yemen, as well as an intensification of action against al-Qaeda in the Arabian Peninsula.
I wholeheartedly agree with what my right hon. Friend has said, which is much in accordance with what the Foreign Secretary has said on Yemen. As my right hon. Friend started the Friends of Yemen process last year, in January 2010, does he not believe it is important that it continues? I was disappointed to learn that the meeting will not be taking place in Riyadh next week, but even if a formal meeting does not take place it is important that we ensure that what has been started should be completed; otherwise, we will see al-Qaeda running Yemen.
As so often, my right hon. Friend speaks with great authority on Yemen. Of course, it was under the previous Government that the Friends of Yemen process started, when we welcomed Secretary of State Clinton here to London. At that time, clear and solemn undertakings were given that the international community would not forget Yemen; and that there would be a continuing focus not simply on the real security issues that are of direct concern in the United Kingdom and other countries, but on a commitment to the long-term development that is necessary. If my recollection serves me rightly, Yemen is the only low-income country in the middle east. It has a truly horrendous number of weapons per head of population and is afflicted by many simultaneous challenges. Although I fully respect the fact that difficult judgments have to be made on the formal timing of meetings, I agree with my right hon. Friend that we must not lose sight of or the focus on the continuing urgency and importance of the situation in Yemen.
May I also take this opportunity to condemn outright the utterly unacceptable behaviour of Iran that resulted, on 5 February, in British special forces seizing a shipment of suspected Iranian arms intended for the Taliban in Afghanistan? That is but further proof, if any were needed, of the real danger that Iran poses, not only through its nuclear programme but through its continuing policy of attempting to destabilise its neighbours in the region. We are fully with the Government in their efforts to deal with Iran, and I agree with the Foreign Secretary when he says:
“Iran should not think that recent events in the middle east”—
and north Africa—
“have distracted the world’s attention away from its nuclear programme.”
Given the continuing risks represented by Iran’s nuclear programme and Iran’s failure to engage in any serious way in the recent talks in Istanbul, could the Minister perhaps update the House on the Government’s discussions with international partners on the next steps to increase the legitimate peaceful pressure on Iran to comply with UN Security Council resolutions and the requirements of the International Atomic Energy Agency?
In the time remaining to me, I wish to deal with the most urgent and pressing issue of Libya. I agreed with the right hon. and learned Member for Kensington (Sir Malcolm Rifkind), a former Foreign Secretary, when he wrote in an article in The Times on Monday:
“The reaction of the international community to events in Libya has, so far, been uncertain, disunited and at best tactical rather than strategic.”
In recent days, the international community’s disagreements on the important issue of the no-fly zone has been a dispiriting reminder of the importance of the international community speaking with one voice in circumstances of crisis.
(13 years, 8 months ago)
Commons ChamberWe very much hope so. My right hon. Friends the Foreign Secretary and the Prime Minister have been playing a leading part in those discussions at European level. We think it is time for the EU to carry out an urgent and comprehensive overhaul of its partnership policies with regard to the southern Mediterranean counties. We need to link those much more closely to economic and political reform in that region.
One of the priorities of the presidency must surely be the securing of the EU border. Has the Minister had any discussions with the Hungarian Foreign Minister about the deployment by Frontex of a rapid border intervention team—RABIT —on the border between Greece and Turkey? He will know that 90% of illegal immigration comes through that border, and we need to ensure that the RABIT force is protected and extended, in order to give Greece as much support as possible.
The right hon. Gentleman makes an important point. There are real problems on the Greco-Turkish border that affect migration into the whole of the EU. This is a matter to which my right hon. Friend the Home Secretary and my hon. Friend the Minister for Immigration are giving a high priority in their conversations with their European counterparts.
(13 years, 8 months ago)
Commons ChamberI congratulate the hon. Gentleman on securing this debate and on getting the climbdown from the BBC, but does he agree that this reprieve is not enough? We need to settle this matter once and for all and acknowledge the important contribution that the Hindi service makes. We need not just a temporary reprieve but a permanent one.
The right hon. Gentleman is absolutely right. The purpose of this debate is to illustrate that we are saying, loud and clear, from all sides of the Chamber in the House of Commons, that this is only a partial climbdown. The BBC did not realise the extent of the outcry that would be caused by its decision. Some of the service’s best staff will go, and people will stop listening to it. They will no longer be able to listen in the morning; the service will be available only for one hour in the evening. That is not good enough, and we must fight the decision.
We often talk about soft power, and about proclaiming our values. Service such as these represent soft power. They are increasingly recognised as a hugely effective means of delivering diplomacy and our values, with few of the risks associated with more heavy-handed foreign policy interventions. Unlike other countries, Great Britain has a medium through which it can engage with a wide range of Indians, and not simply with the urban elite. That is the point that the hon. Member for Islington North (Jeremy Corbyn) made. We are not simply engaging with the urban elite online; we are engaging with the rural poor.
(13 years, 8 months ago)
Commons ChamberI differ a little from my hon. Friend on that point. When we had to evacuate British nationals from Benghazi, it was important to send the nearest royal naval ship available, irrespective of its name. That is not the only vessel that has been involved. HMS York has also been there, and my hon. Friend will understand that I am particularly proud of that as a Yorkshireman. I hope he has no difficulty with that. Those ships have been there not to meddle in anybody else’s affairs, but primarily to take humanitarian aid and to evacuate our nationals and the nationals of many other countries out of harm’s way.
The Foreign Secretary has announced a change in travel advice for Yemen. Last week, the Secretary of State for International Development generously, and correctly in my view, increased aid to Yemen to record levels. Is it still the Government’s position to support the Government of Yemen while calling for reforms?
We do not take sides in Yemeni politics. We of course want a close and friendly relationship with the state of Yemen. We support the Government of Yemen in carrying out necessary reforms. As the right hon. Gentleman knows, when I visited Yemen a few weeks ago, I called on its President to deliver a detailed development and poverty reduction plan, and to combat international terrorism within Yemen effectively. Those are the necessary priorities for Yemen. I also called on him to be generous to opposition parties in charting the way forward constitutionally for Yemen, and asked opposition parties to be generous to him in finding an agreed way forward. We are still engaged in that process, including through delivering the aid to Yemen that the right hon. Gentleman highlighted in his question. It is the Foreign Office’s responsibility to give up-to-date travel advice to reflect the difficult situation in that country. The situation has deteriorated in recent days, which is why we have changed the travel advice.
(13 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
As my hon. Friend says, the important issue that he raises is thankfully not a factor in these particular disturbances, but the message of tolerance and acceptance of different religions should always go out clearly from this country. That is very important to underline in the middle east today, where there have been terrorist outrages against Christians, but also against other religious minorities across the region. Part of what we need in the middle east in the coming years is not only an acceptance of more open and flexible political systems, but real leadership from the countries concerned in accepting the presence of different religions.
May I welcome the tone and content of the Foreign Secretary’s statement? Bahrain has a long-standing relationship with our country, and it is seeking to reform in the context of its own philosophy. I do not blame the Foreign Secretary, but before his visit there were no protests in Bahrain. In the meetings that he held with those who wanted to accelerate the reform process, did he anticipate that they would happen? Will he continue not to lecture middle eastern countries, but to work with them to ensure that their reform process is brought to a logical conclusion?
I am very grateful to the right hon. Gentleman for his question. That is the right way to frame those things—with a deeper understanding of what is happening in those societies. He might have a word with the right hon. Member for Rotherham (Mr MacShane) afterwards about some of those issues. It is true that outbreaks of disorder have occurred in several places that I visited last week, but I am confident that it is not cause and effect. In my tour of the middle east, we correctly anticipated some of the places, such as Yemen and Bahrain, where difficulties would arise. It is all the more important in those countries to stress the message of necessary and appropriate reform. Among the leadership in Bahrain, there is the appetite and determination to carry out those reforms. There is no doubt about the sincerity of the King of Bahrain and the leaders of the country about that. We will therefore continue to give our advice and to deplore situations where violence arises and lives are lost. Both elements are important.
(13 years, 9 months ago)
Commons ChamberClearly, there are changes taking place in the policies of this country and our allies towards the middle east. Several of the things I have referred to in my statement today are changes in policy towards the middle east. On the specifics of the hon. Gentleman’s question about human rights clauses not being observed, there is a case, which my right hon. Friend the Prime Minister raised at the recent European Council, for strengthening the conditionality of such clauses and for the European Union’s becoming more insistent on the proper observation of those clauses. We will be discussing that further in the EU.
May I join the hon. Member for North West Leicestershire (Andrew Bridgen) in welcoming the Foreign Secretary’s visit to Yemen—the first by a British Foreign Secretary since reunification? I am sorry that he was not able to get to Aden on this occasion.
On discussions on poverty and security, I note that it is not this Government who have failed to deliver on our pledges but other donors. Will the Foreign Secretary ensure that they are encouraged to pay up as they have promised to do? On security, we need to do better. It has taken us six months to get one scanner to Sanaa airport, but in order to help defeat al-Qaeda, we need to do things much faster.
We are helping with airport security. The right hon. Gentleman is right about that, but it is not always quite as simple as it may look to put these things in place. On the question of international donations, those donations will be available, provided the international community is convinced that the development and poverty reduction plans are sufficiently detailed and credible, and that we can organise some of the aid through the multi-donor trust fund of which I spoke. There will, I think, be a generous response, provided that those plans are credible. That is what we have to establish at the next meeting of the Friends of Yemen, which I hope will take place within the next couple of months.
(13 years, 9 months ago)
Commons ChamberI hope to be as brief as the hon. Member for Brigg and Goole (Andrew Percy). I came into the Chamber this evening to support new clause 11. That support was underlined by the thoughtful contribution of the hon. Member for Rochester and Strood (Mark Reckless). I was then a little confused by the speech of the hon. Member for North East Somerset (Jacob Rees-Mogg), because he is very clever and I wondered whether I had the right new clause. However, I then listened to the hon. Member for Brigg and Goole, who spoke about the one factor that will weigh most in my mind, which is the fact that he has not had a chance to vote. We therefore need to have an in/out referendum, to give him the opportunity to do so.
I am teasing the hon. Gentleman. In fact, I believe that it is important that at some stage in the near future—I am not saying that it should be 5 May, when we decide on AV—the British people ought to have an opportunity to deal with this subject. I am confident that, given that opportunity, they will vote overwhelmingly in support of remaining in the European Union. I know that there are those on both sides of the Committee who believe that the British people would do the opposite and that, given the opportunity, they would vote to come out of the European Union. However, I have attended many debates in this House when Members on both sides have been passionate about remaining in the European Union. However, at the end of the day, it should be up to the British people to make such an important decision.
When the right hon. Gentleman says “overwhelmingly”, what does he mean by that?
It is 11 years since I was the Minister for Europe. I can well remember the day that I was appointed. I think I got a call from either Alastair Campbell or Tony Blair—I cannot remember which of the two it was, and I have not checked the diaries to see whether either recorded this important footnote in history—to inform me of my appointment. I was completely shocked. I was a junior Justice Minister and was on my way to Blackburn when I got a call to say that I had to go down to Downing street because I was the new Minister for Europe. I remember my first conversation with the Prime Minister. I said, “I know absolutely nothing about the European Union,” and he said, “You are the perfect Minister for Europe,” so I was appointed.
What was interesting about those two years is that my instructions from No. 10 were to make the domestic argument to the British people about the importance of being in the European Union. We therefore had a Foreign Office roadshow, as part of the public diplomacy team. We had a coach that went round various parts of the country. We did not get to Somerset, but we did get to Wigan and other interesting places such as that, to remind the British people of the benefits of being in the EU. At the same time, the then Leader of the Opposition, now the Foreign Secretary, decided to have his own roadshow. He hired a lorry—you may remember this, Mr Evans; I think you were in the House at the time—and went round the country on the back of it, trying to convince people of the need to save the pound. He was convinced that the Labour Government were about to get rid of the pound and make us join the euro.
What was interesting about those visits was that the British people really did not understand enough about what was happening in the European Union. They did not understand what we were doing there, something that has become part of the sub-culture affecting summitry when Ministers have gone to defend this country’s interests, including my successor, the current Minister for Europe. An in/out referendum would give the British people the opportunity to know all the facts about the European Union, so that they did not have to rely on some of the tabloids and some, if not most of the broadsheets; rather, they would rely on Members of this House going into the towns, villages and cities of this country and talking about our membership.
I know that those on my Front Bench will probably be a bit upset with me about this, because they know my record on the European Union. However, I am with the hon. Member for Wellingborough (Mr Bone), for whom I, too, have great respect, for all the work that he does in this House, and those other hon. Members who support an in/out referendum. Indeed, that is what I thought the Liberal Democrats’ position was. When the question was raised at the tail end of the previous Government, I can well remember the then leader of the Liberal Democrats, now the Deputy Prime Minister, supporting that view in this very Chamber. I think I was sitting where the hon. Member for Cheltenham (Martin Horwood) is now—we were in government then—and I remember those very words: “Let us put this to the British people, because in the end it is they who will have to make the decision.”
I rise with some fatigue, having I thought made this point three times already, but the Liberal Democrat position was to support an in/out referendum at the time of a substantial transfer of power from the British to the European level. The Bill provides for far more referendums. That is not necessarily what the Liberal Democrats would have wanted in the first place, but this is the Bill before us and our Conservative colleagues believe that it is very important. Those referendums will be referendums on the specifics of a transfer of power. There is no logic to the new clause—and certainly no consistency with the Liberal Democrat position—because it says that only when a referendum is lost, thereby establishing that there will be no transfer of power, should an in/out referendum be held. It is barmy.
I am not surprised that the hon. Gentleman has had to explain that three times, because I am afraid that he lost me in the first sentence. I do not think that what he said is logical at all. I understand what the Government are trying to do. The Minister is here, and I know that the hon. Member for Rochester and Strood said that he had met him a few years ago at a dinner party. I first met the Minister for Europe when I was 18 years of age—[Interruption.] The hon. Gentleman was 18 as well? Goodness, that is rapid progress. Perhaps it was the same dinner party. Anyway, what the hon. Member for Cheltenham has set out is an illogical position. There is absolutely nothing wrong with having such a referendum.
I would just like to point out that, as I think the hon. Member for Cheltenham (Martin Horwood) was trying to set out and as the hon. Member for North East Somerset (Jacob Rees-Mogg) so eloquently and clearly set out, new clause 11 would trigger an in/out referendum only if it were preceded by a referendum on a transfer of power that was then lost. The new clause would not introduce an in/out referendum before a referendum on a transfer of power.
I am grateful for that, but I feel very insecure every time my hon. Friend mentions the hon. Member for North East Somerset, because he is an intellectual powerhouse on these and other issues. I shall therefore stick to whether such a referendum would take place before or after. My hon. Friend will have to excuse me, because she is obviously also an expert on—[Interruption.] Yes, she is an expert: she is pointing at the provisions. I take this new clause to mean that the British people ought to have the chance to vote on this crucial issue. I am not afraid to put this vote to the British people.
I am grateful for the slightly delayed acceptance of my intervention. I simply wanted to say that I thought the right hon. Gentleman’s speech, apart from being massively entertaining, was absolutely right about the Liberal Democrat position. One thing was missing from the gobbledegook that we heard by way of justification. There was only one reason why the Liberal Democrats were going for an in/out referendum: it was to try to disguise and camouflage the fact that they were reneging on their promise for a referendum on the Lisbon treaty.
That may well be so.
One problem is that, in the end, we have to accept the judgment of Ministers about the transfer of powers. We all have our own views, but Ministers will go to a summit, come back and announce to the House that they do not believe that a massive transfer of powers is at stake. They view it perhaps as a semi-massive transfer of powers, so a referendum will not be required. The problem is that this issue will go on and on and on. It is a fundamental issue that should be resolved. The country needs to know where it is going on Europe, and there is nothing wrong with putting that question to the British people.
We have had an excellent debate. I know that my Front-Bench team will not be pleased when I announce that I am going to join those who support new clause 11. When we get this referendum—I think we will need one of this kind at some time in the future—we will see the leader of the Conservative party, the leader of the Labour party and the leader of the Liberal Democrat party all on the same platform together, supporting Britain remaining in the European Union. I am pretty confident of that, which is why I have no problem with the new clause, which I look forward to supporting in the Division Lobby.
I was honoured to be asked to add my name to the new clause tabled by my hon. Friend the Member for Wellingborough (Mr Bone). I, too, would like to celebrate his genius not only in drafting the clause, but in taking advice from the Clerks and outdoing the Government Front-Bench team in having such a long debate on the provision this evening. He has worked tirelessly to get this issue debated on the Floor of the House, and I would like to congratulate him.
I am proud to say on behalf of my Kettering constituents that I am in favour of an in/out referendum and that if there were one, I would vote to leave the European Union. I have absolutely no doubt that if that issue were put to my constituents, a majority would vote to leave the EU. That would not necessarily always have been the case. Had there been a referendum 10 or 15 years ago, there might well have been a majority for staying in. I have no doubt that a majority of voters in the Kettering constituency would have voted to stay in the Common Market in the referendum of 1975. Now, however, people are so fed up with European issues and with the effect Europe is having on their country and their way of life that we have crossed over so that there would no longer be an overwhelming majority in favour of staying in. The majority would want to leave so that Britain can be a proud, self-confident nation once again, without having to pay a massive annual membership fee—soon rising to £10 billion a year—and without having to open our borders to all and sundry from across the European Union, allowing them to flood to these shores.
Immigration is a European issue. It did not used to be, but it is now. People in my constituency and across the country are fed up with the numbers of people coming into our country from abroad and fed up with uncontrolled immigration from the European Union. Frankly, my Kettering voters feel let down by the political establishment that our being in the European Union should have been allowed to take over so many aspects of our lives.
Certainly, something along those lines would be most welcome. They also have substantially more control over their borders than we do. That is a big issue on the doorstep.
I come back to earlier remarks about the “Save the Pound” campaign in 2001. Opposition Members had the audacity to say that the British people did not understand it, but they did and if it had not been for the efforts of my right hon. Friend the Foreign Secretary when he was the leader of the Conservative party, there would have been a grave danger of the first-term Labour Government ditching the pound. If they had, they would not be laughing now because the economic mess in this country in 2011 would be much like that in Spain, with 22% unemployment.
The Foreign Secretary’s lorry and my bus met in Wellingborough, so I am happy that this issue has been raised by the hon. Member for Wellingborough (Mr Bone) today. It was not because of the Foreign Secretary’s campaign that the Labour Government did not abandon the pound: it was because they had no intention whatever of joining the euro.
That was an interesting intervention. I am certainly of the view, as are many of my constituents, that we owe a huge debt of gratitude to my right hon. Friend for his efforts at that time and to all those in the Eurosceptic movement who made sure that Tony Blair did not go as far as he might have.
(13 years, 9 months ago)
Commons ChamberTomorrow the Minister, the Foreign Secretary and the Minister of State, Department for International Development will meet Dr Abu-Bakr al-Qirbi, one of the longest serving Foreign Ministers in the Arab world. I would caution the Minister not to treat each Arab country as being the same or to treat what is happening in Egypt in a similar way to what happened in Tunisia or Yemen, which have particular issues that need to be addressed. In telling countries about the need for reform, we should encourage democratic movements, rather than letting it appear that we are giving lectures about how countries should be run.
The right hon. Gentleman knows Yemen as well as any Member of the House, and I am sure he would not expect us to treat all countries in the region in any way similarly. There may be similar tensions, but each country is different and each is approaching its problems differently. There is an established process, entitled the Friends of Yemen, involving a group of countries working with Yemen to deal with its issues, but it is very much a Yemeni-led process, which His Excellency Dr al-Qirbi is well in charge of, and there is an excellent relationship with the United Kingdom. There are tensions in Yemen that cannot be ignored, but the Government are fully apprised of them, and we are working on a partnership basis.
(13 years, 10 months ago)
Commons ChamberI am going to stick to my figure of 10. It does not make much difference to the principle of the argument, but I believe my figure is accurate. My hon. Friend rightly made a point about problems after some of those accessions, but that makes the case for member states to insist on the rigorous application of the accession criteria before accession takes place, rather than allowing countries in before they are fully ready and equipped and then arguing about it afterwards.
The Minister is absolutely right on this point and my hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) is wrong, because in the case in question the enlargement of the European Union passed through the House unanimously. The only occasion when a matter such as enlargement should go to the British people is when the House decides that it should go to them.
I am grateful to the right hon. Gentleman for that.
I wish now to discuss the significance test. New clause 9 would submit all referendum criteria, all treaty changes and all uses of article 48(6) to a significance test, but even the narrow use of the significance test, as set out in the Bill, has been the subject of a great deal of concern, so I wish to be clear about what it means for the Bill as it stands and to explain why it is needed. The significance test can be used only in very specific circumstances. Clause 4 identifies 13 instances when a treaty change transferring competence or power to the EU would attract a referendum. The significance test applies not to 13, but to two of those instances. Moreover, it can be used only when a decision under article 48(6) is being taken. It cannot be used for treaty amendments adopted under the ordinary revision procedure.
Article 48(6) decisions could seek to confer on a European institution a power to require this country to act in a particular way, or to impose sanctions on the UK for our failure to act in a particular way. Although that could be done only within existing areas of competence, and not within new ones, it would enable EU institutions or bodies to use those existing competences in a different way. A future proposal under article 48(6) to do either of these things would, as a matter of general principle, require a referendum to be held.
Let me give the Committee a hypothetical example. There might be a proposal to allow an EU agency to impose sanctions on a national regulator or to act in a way that compelled British businesses to do something that would increase significantly the burdens on British business and harm the competitiveness of this country. That sort of decision would, in my view, be classed as significant and should attract the referendum lock, but there might equally be instances in the future—my hon. Friend the Member for Cheltenham was right—where article 48(6) might be used to give a new power to a body in an area that is not significant to this country. For example, it might require a national regulator or some other British organisation to provide an EU agency with a set of statistics annually.
Let us consider, for example, the European Maritime Safety Agency. It was set up to provide member states of the Commission with technical and scientific assistance in the field of maritime safety and the prevention of pollution by ships. If, in the future, it was decided to change the treaty so that that agency could issue binding directions to national regulators and that that would be a permanent cession of authority and powers, that would be a significant power within the meaning of clause 4(1)(i) or (j). If, however, the proposal was to change the treaty to allow the agency to require national regulators to provide it with an annual digest of statistics, I do not think that that would be a significant power under the Bill. That is why we have provided for the significance test.
Amendments 3 and 5 would remove the significance condition from the Bill, so it would in practice require a national referendum on such things as the provision of statistics. I think that most people in this country would accept that such technical changes should be left to the Government, under the scrutiny of Parliament, who of course would still have to authorise the minor treaty change through primary legislation—a formal Act of Parliament subject to detailed scrutiny and capable of amendment in either House. In all those instances the proposal would need to be thoroughly analysed and we have ensured that any use of the significance test would be subject to strong scrutiny and accountability.
When he spoke about amendment 11, my hon. Friend the Member for Hertsmere took a different approach to parliamentary scrutiny. His amendment would require a Minister to seek parliamentary approval not to hold a referendum on the basis of the significance test, through both Houses agreeing to a motion without amendment. I have a great deal of sympathy for where my hon. Friend is coming from and I do not for one moment challenge his passionate commitment to the duty of Parliament to hold Ministers to account or his wish to see the powers of Parliament over European Union business and ministerial decisions on Europe strengthened and improved. If I felt that his amendment would secure that objective better than the provisions in the Bill, I would be with him on the detail. However, I want to explain why I do not believe that it does that.
First, when a Minister makes the statement required by clause 5 on whether a proposed amendment requires a referendum, they must give reasons why the proposed change does or does not meet the significance test. Those reasons will need to refer to the criteria set out in clause 4, so their reasoning will need to be clearly set out. There is a first measure of protection already in the Bill.
Secondly, the Bill ensures that every proposed treaty change, regardless of whether the significance test applies, would require the approval of Parliament through primary legislation. That would allow sufficient time for Parliament to scrutinise the use of the test to legislate for a referendum if it deemed such a provision necessary.
Thirdly, there is the risk that having a separate debate on significance in the way that amendment 11 proposes could weaken Parliament’s scrutiny of the primary legislation that the Bill requires. That point was made by my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) in an intervention. In view of the dynamic of the House of Commons, it would be tempting for a Government who wanted to rush through a particular treaty change to schedule an early debate on the motion not to require a referendum and then, when the ratification Bill came forward and Members of Parliament had had the opportunity to look at the detail, perhaps consider the evidence of a Select Committee, and listen to what outside experts had to say on the matter, they would find their Whips coming up and saying, “We’ve already voted on this. You personally went through our Lobby to support the proposition that a referendum was not required. How can you change your mind and try to insert the requirement for a referendum at this stage?”
The unintended consequence of amendment 11 could be to strengthen the hand of the business managers and to weaken the independence of judgment that Members would be able to exercise under the requirement for primary legislation laid out in the Bill. Amendment 11 would also weaken any prospect of a successful judicial review. Judicial review is not a panacea, but the House should see it as a significant step to give the citizen the right to challenge a Minister’s decision, where that decision is irrational or unreasonable.
There are two important distinctions between what we are proposing here and what we saw in the Wheeler case, to which a number of Members referred in the debate. First, the Minister has to give reasons, and give reasons by reference to the Bill. That opens up the possibility that a court might wish to consider a challenge to the reasonableness of the Minister’s decision. Secondly, whereas in Mr Wheeler’s case the Court was invited to judge the wording of the constitutional treaty against the wording of the treaty of Lisbon and declined to do so, in this case we are talking about a possible invitation to the Court to judge the actions and decision of a Government Minister in his Executive capacity against the statutory duties on that Minister set out in the language of the Bill. Those are important distinctions.
(13 years, 10 months ago)
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As I said earlier, the advice that I have received up to now is that the risk of violent extremism to which my hon. Friend refers is not as great as has been made out in some parts of the media. It is much more an uprising by people who have been frustrated by many years of political repression and whose feelings have been aggravated by economic hardship. Nevertheless, I assure him that the British Government will be alert to any risk that extremist groups could try to seize an advantage from what has happened in Tunisia, and we will take whatever steps we can to ensure that they are unable to do so.
I thank the Minister for the reassurance that he has given about constituents who are in Tunisia and welcome the fact that he has emphasised the EU. Tunisia, of course, is part of the EUROMED process, and a number of projects have been sanctioned by the EU concerning migration, development and policing. As the hon. Member for Bournemouth West (Conor Burns) said, we might be unable to resolve the current issues there, but can we be ready with plan B, so that we can continue with those initiatives, which are important to the whole of the north Africa rim?
The right hon. Gentleman is correct to say that those are important issues not only for Tunisia, but for every country along the north African coast. Certainly, when I have talked with ambassadors from those countries in London, they have expressed concern about the risk that not only extremist groups, but those involved in people trafficking, drug trafficking and other forms of organised crime might use their territories as through-routes to try to penetrate Europe. We want to work with those countries, which are independent sovereign states, to ensure that they are able to improve their governance in the way the right hon. Gentleman describes. It is in the interests of Europe and of those north African countries that they are able to do so and move forward on the basis of greater respect for human rights and enduring political reforms.