European Union Bill

Kelvin Hopkins Excerpts

Monday 24th January 2011 Commons Chamber

[Charlie Elphicke]

The shadow Minister for Europe makes a fair point. In my constituency, yes, people’s prime concern is that Labour all but closed the hospital down and that we will be getting a new hospital. They are concerned that they lost jobs and money. They worry about how they will get by, and about the massive amount of borrowing and taxation. I entirely agree with the hon. Gentleman. My right hon. and hon. Friends in the Government are trying hard to sort out that difficult problem. That will take time.

[Kelvin Hopkins (Luton North) (Lab)]

I take issue with my hon. Friend the Member for Caerphilly (Mr David). Constitutional matters underlie everything else that happens. For example, constitutionally we chose not to join the euro. Had we joined, our economy would now be utterly wrecked, but in fact it will survive.

[Charlie Elphicke]

I thank the hon. Gentleman, who is highly knowledgeable and skilled in European matters, for making the point far better than I could. I was about to make it myself. Yes, of course schools, hospitals and the economy matter, but what also matters is our sense of nation and our independence as a member state in the European Union, not as a state in a federation. That is essential, and it is essential that we were not in the euro, for the exact reasons that he set out.

Had we been in the euro, we may well have found ourselves in the predicament that we see across the Irish sea or in southern Europe, given the reckless borrowing that took place over the previous decade, which brought our country to the brink of bankruptcy. I, for one, am glad that we did not join the euro. It is the one thing on which I congratulate the new shadow Chancellor and the former Prime Minister—preventing Tony Blair, when he was Prime Minister, from going into the euro. It was the only spark of light and quality in that Government. I am hard pushed to think of any other.

I return to the Bill, having been led astray by those gentle and generous interventions. I shall begin by focusing on clause 11. My hon. Friend the Member for Hertsmere (Mr Clappison) made a series of powerful points about the primacy of Parliament. His argument was that we cannot trust the Ministers of the day because they have their own agenda. If they do not consider a matter significant, they will certify it as not significant. Some check and balance is needed. There must be a resolution of both Houses of Parliament.

When I first thought about that, I found it attractive, but on reflection my concern is that if the Minister considers a matter not to be significant, he will toddle down to the Whips Office and have a chat to the Parliamentary Secretary to the Treasury. He will say, “Look, chief, this isn’t significant. Let’s just whip this vote through the Commons, whip it through the Lords and push it through.” That is what would happen.

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[Charlie Elphicke]

I entirely agree. I remember in times past the former Prime Minister, Tony Blair, saying that the Scottish Parliament was a parish council, but it has far more sweeping powers than that. He was making a point about sovereignty and saying that it would not change anything, but a considerable amount of devolution has been given to Scotland. In the same way, the movement towards ever-closer union, which we have seen latterly in the Lisbon treaty, has highlighted the fact that although we are told, “It’s okay, it’s a small step, it won’t make any real difference,” it makes a massive difference.

I will be corrected if am wrong, but I think that about seven of every 10 of our laws are now effectively made in Europe. I have costed that and found that the European Union costs each and every household in this country an average of about £2,000 a year in taxes, which is a substantial sum. The hon. Member for Luton North (Kelvin Hopkins) rightly said that our constitution and how we interrelate with Europe are important matters. If he wants to intervene on that point, I will give way.

[Kelvin Hopkins]

The hon. Member for Harwich and North Essex (Mr Jenkin) made light of the matter in saying that we would not obey the Whips, but surely the important point is that when the House makes a decision, we as individual MPs with individual votes that will go on the record must account to our electorates for that. It is possible that the Whips will bully, cajole, press and threaten—I have no experience of these things, of course—but our responsibility is to our electorates. In my constituency, a mini-referendum was won by those calling for a national referendum on the Lisbon treaty, and it was publicised on television and elsewhere. On something as fundamental as constitutional change relating to the European Union, the electorate do care. We are accountable to our electorates first, even though we pay lip service and tip our caps to the Whips from time to time.

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[Charlie Elphicke]

My hon. Friend makes exactly the point that concerns me most. New clause 9(5) states:

“The Committee shall consist of no more than 19 Members”—

19 great and good—

“drawn from both Houses”.

But would it include my hon. Friend the Member for Stone (Mr Cash), who is so learned and knowledgeable about European matters? Some future Government, operating that selection mechanism, might find that his services were not required, that he was more trouble than he was worth, and that he would talk for too long—perhaps for longer than an hour in Committee—and tie up everyone. In such a manner, they might not include him. I, however, can think of no Member who knows more about the matter than he, except perhaps the hon. Member for Luton North.

[Kelvin Hopkins]

I absolutely protest. The hon. Member for Stone (Mr Cash) knows infinitely more than I do.

[Charlie Elphicke]

Shortly after my hon. Friend the Member for Stone, the hon. Gentleman is a true expert, and whenever he rises to speak I listen with interest and learn.

Would the proposed committee include, for example, the hon. Member for Birmingham, Edgbaston (Ms Stuart), who is highly knowledgeable but does not always take quite the on-message view that her pager instructs? Would it include my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), or his constituency neighbour, my hon. Friend the Member for Clacton (Mr Carswell)? I can think of no more expert people to sit on such a committee, but, if the new clause were passed and the Bill changed as advertised, those people—who are so expert and know so much about matters européenne—would not find themselves on it. I have a sense that the Front-Bench teams of whoever was in power, might not include such people. For that reason, new clause 9 is a Trojan horse. Its purpose, in my humble opinion, is to take power away from the people and to stuff it upstairs in a committee; and that, in essence, is the wrong thing to do.

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[Neil Carmichael]

Yes. My hon. Friend the Member for Dover went through the possible Members who could serve on the proposed committee, obviously with a slant towards those who are participating in the debate and are interested in the European Union. The point is much the same—the committee’s membership would matter. The shadow Minister has not explained how it would be formed, managed and so on. However, we can assume that whipping would take place. That is not helpful.

I am also concerned about the role that new clause 9 would give the House of Lords, given the events of the past few weeks. We need to put that down as a marker when considering how the Bill would unfold if new clause 9 were accepted.

My hon. Friend the Member for South Swindon (Mr Buckland) is concerned about timing. He is absolutely right. He is a lawyer, and lawyers love time. [Interruption.] I have watched the clocks tick by myself. New clause 9 does not deal with that.

I tabled an amendment to get clarification on what constitutes a decision in the context of the outcome of a European Council meeting. That is important, and I hope that the Minister, when winding up, will explain what sort of decisions we should consider following a European Council or a meeting of the Council of Ministers, and when a decision is actually a decision.

We must acknowledge that the Bill will be seismically important to our relationship with Europe. It will also make a dramatic difference to the way in which the House and the Government deal with Europe in connection with the electorate. Far too often, people have found out about decisions some time afterwards. They have not felt included in that decision making, and consequently and because of their concerns, they have felt angry about the decision.

I am convinced that we will shape a much better relationship with Europe if we have the courage to explain more and to engage people more effectively. The Bill will do that without new clause 9 and other amendments that would stop us from ensuring that Parliament is the first port of call for the necessary key decisions, and that the people are always consulted when those decisions are pivotal.

[Kelvin Hopkins]

I am pleased to have the opportunity to speak and I apologise to hon. Members for being unable to be present throughout the debate. I was delayed elsewhere in the House on European business.

I want strongly to support amendment 11, which the hon. Member for Hertsmere (Mr Clappison) tabled and to which I was pleased to add my name. He made a powerful speech, which I want to echo and support.

It has been suggested that we might be governed by committees and that big decisions should be taken by a committee. I do not want a committee to make decisions about what is significant and what is not. Parliament should make those decisions, particularly this House. I am a unicameralist and therefore not so concerned about the other place. I believe that we should make the decisions in this House and be accountable to our voters because they clearly and rightly have strong feelings about the European Union.

I do not wish to be governed by judges, either. I worry about the constant reference to matters going to judicial review. I want the House, not judges, to make the decisions. As judges in the Supreme Court in America die, they are replaced by judges appointed by the President. If several judges die or retire at the same time, and a President of a particular persuasion appoints people in his own image, one has, for a generation or two, a Supreme Court that takes a particular view. Let us suppose that Tony Blair had had such a power. He would not have appointed lawyers with my views, but Euro-enthusiasts to a Supreme Court. For a generation, we would have been bogged down by a Supreme Court dominated by people who took a particular view of Europe.

Lawyers are supposed to be independent and to make balanced judgments, but one lawyer commented to me about the European arrest warrant, “Oh well, it’s part of the European project, so we just say yes.” We should not act in that way. We should consider matters individually, not say, “The euro’s part of the European project, let’s say yes to it”, or, “The CAP’s part of the European project, let’s just nod it through.” We do not do that. Britain has taken a strong position on many things that relate to the European Union, and we should continue in that way.

I agree with my hon. Friend the Member for Llanelli (Nia Griffith) on 90% of politics, but not on Europe. Portraying Britain as the naughty boy or surly youth of Europe, who is always being difficult, is wrong. I think that we are right and they are wrong. We have taken stands on subjects such as the euro, which is now in serious trouble. We are not being anti-Europe. We take a particular view about how economies should be run. I believe that separate currencies are necessary shock absorbers for running economies.

[Mr Jenkin]

The Maastricht treaty was pushed through the House on the basis of our having an opt-out from the euro, and therefore that it would not affect us. Yet, even though we are not in the euro, we are deeply affected by the disaster that that treaty is inflicting on our continent.

[Kelvin Hopkins]

The hon. Gentleman is right, and I apologise for momentarily forgetting the name of his constituency—Harwich and North Essex—earlier. I agree with him. We have been right so often. When I argue about the European Union, I do not do that in nationalist or theological terms. I ask people to consider the effects on the European economy, which has grown more slowly than it would have done without the euro.

[Mr Cash]

Does the hon. Gentleman agree that those who take our position—the Euro-realists—are the pro-Europeans because the people who promote the extraordinarily damaging policies create the massive unemployment, riots and protests that are happening?

[Kelvin Hopkins]

Indeed. The hon. Gentleman is right again. Many of those who protested most strongly against matters in the European Union are people of the left—trade unions, working-class people, the unemployed, minorities and so on. We should not portray a right-left divide; the debate is about democracy and what works.

[Martin Horwood]

Is not the lowest unemployment in the European Union in Germany? Last time I looked, it was in the eurozone. Are not the countries that are particularly vulnerable those with large structural deficits? The problem is not particularly to do with their membership of the euro.

[Kelvin Hopkins]

That is interesting. We could have a long debate about the strength of the German economy relative to other countries in Europe. One thing that Germany wanted from the European Union was to get rid of barriers to its exports, particularly to France. Germany focused its efforts over generations, from Erhard onwards, on wisely ensuring that it had a massive and strong manufacturing base. We have not done that. If we had shown more of an Erhard approach to our policies—and Erhard was no socialist, but a Christian Democrat—we might have had a stronger economy.

As part of the post-war settlement, it was important for the west that West Germany—like Japan—succeeded, so it was allowed for a long time to have an undervalued Deutschmark, which gave it a competitive edge, behind which it built massively strong industries. That is the history. If one looks at the documentation—I used to write and read a lot about such things—one will see that the German surplus was a problem even in the 1970s. It has managed to sustain that for all that time, which was wise. Had we been a bit wiser, we might not have been in quite the weak position that we are in now. Every second car driving along the road is made in Germany, but where has our motor industry gone? We still have some of it, but it is nothing like Germany’s. Germany has been very clever, and I cannot blame it at all.

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[Kwasi Kwarteng]

What does the hon. Gentleman say to the idea that even if amendment 11 were made, it would not bolster parliamentary sovereignty, because Government Whips will just whip through decisions about what is significant?

[Kelvin Hopkins]

The hon. Gentleman seems to be saying that everybody does what the Whips tell them, but that is not the case. If he looks at the history of the 13 years of Labour Government, he will find that there were rebellions—significant differences of view between certain Back Benchers and the Whips—on many serious votes, the most important of which was perhaps the Iraq war, when 139 Members, including me, voted against the Government, despite the Whips.

[Kwasi Kwarteng]

What was the result?

[Kelvin Hopkins]

The decision in favour of going to war was made with Conservative support. In the end, we are accountable not to the Whips. Clearly, we have a party system, and we are elected as party politicians, which I understand. By and large, on most things, we are guided by the Whips, but on some matters of fundamental principle, such as giving further powers to the EU or going to war, we must say, “What I believe and what I believe my electorate want is more important even than what the Whips advise.” I hesitate to say that while my Front-Bench colleagues are listening, but in the end, we must occasionally take a stand.

[Mr Cash]

On the anniversary of Winston Churchill’s death, will the hon. Gentleman accept what he said, which is that country comes first, constituents second and party third?

[Kelvin Hopkins]

We must take all those things into account when we make our decisions, but we make those decisions and stand by them, which I like to think I have done. I have regretted one or two things, but the hon. Gentleman is right. In defence of two-party Government—or our party system—I do not believe that we are elected as individual anarchists. We are here to represent a philosophy and interests in society. I am not by nature an anarchist; I am a collective democrat. That is where I stand.

The most important aspect of amendment 11, which is in the name of the hon. Member for Hertsmere, is that it would have an impact on the EU, which the hon. Member for Stroud (Neil Carmichael) mentioned. If the EU wants to push something through that it suspects will be unpopular in this Parliament, it might not proceed if the provision in the amendment were in force, whereas if it thinks it must win over only the Minister, the Prime Minister or the Executive, it might think it will get away with it. If it knows that its proposals are likely to go to a referendum and that their significance will be voted on by the House, it will be a little more careful.

That impact on the EU is more significant than giving decisions to ourselves because we like to make decisions. The EU will be much more careful about its proposals if it thinks that they might be subject to a referendum in Britain, because it knows very well that the justifiably strong degree of Euroscepticism will come to the fore, that there could be a problem, and that it might not win. If the EU thinks that there is a chance of not winning a referendum, it will not risk it. A referendum is much more likely to be risked if a decision is made in this House rather than by the Minister. That is the way of things.

Finally, I want to draw a parallel. I mentioned the excessive centralisation of power in British politics, particularly in No. 10 Downing street, the Prime Minister and his little entourage, but the other thing that is wrong is secrecy. I was a strong supporter of the Freedom of Information Act 2000. When it was going through Parliament, the Government proposed an amendment to the effect that we could have freedom of information except when the Minister says no. My good friend Tony Wright, the former Member for Cannock Chase and Chair of the Select Committee on Public Administration, led a rebellion. We did not win, but we made our point. He was very much a politician of the moderate left who would go along, by and large, with the leadership—he was not as critical as I was. He was an architect of that Act, and quite strongly in favour of it, but he was quite shocked when that qualification was proposed. Ministers are fine people who do a great job, but in the end, this House must make serious decisions about things, not just Ministers. I very much hope that the hon. Member for Hertsmere presses amendment 11 to a Division, and I certainly wish to vote for it.

[Nick Boles (Grantham and Stamford) (Con)]

I should like to share with hon. Members why I think the Bill is the most significant thing that the Government will do in this Parliament. The House knows that I am a strong, enthusiastic supporter of the Government. I cheerfully look forward to voting for the Localism Bill, the education Bill, the Health and Social Care Bill, and many others that we will debate in next few years, but I do not exaggerate it when I say that this is most significant thing that we will do, because it is the “Thus far and no further” Bill.

Hon. Members on both sides of the Committee have said that this Bill will start a debate on Europe in the country, but they are wrong. The country has had its debate on Europe. It made up its mind a very long time ago, and said, “Thus far and no further.” Unfortunately, Parliament and previous Governments did not listen to the country and did not understand that that is the country’s decision. They continued to try to evade the will of the people by ratifying treaties of which the people wanted nothing.

The Bill is the Bill that says, “We have finally listened. We finally understand, and we will not put through any treaty, or any change or shift in sovereignty and power, that you, the people, do not want.” That is why I believe —only somewhat mischievously—that the Bill should be viewed as a tribute to the indefatigable efforts of my hon. Friend the Member for Stone (Mr Cash), who sadly is no longer in his place. Although he and I disagree on many things—I will go on to say why I disagree with his amendments—it is clear that his achievement in the Bill is greater than the achievement of almost any Back Bencher I can remember, and probably greater than almost any Minister any of us can remember. For nearly 30 years, he has led the campaign to say, “Thus far and no further!” Tonight and on future nights when we debate the Bill, he will get his way, and he will have given to the British people what they want and what he has always wanted to give them—the right to say, “Thus far and no further!” Were he not quite so hale and hearty and not quite so obviously going to survive and outlive me—he will still be here long after I leave this place—I would even go so far as to suggest that the Bill be called the William Cash memorial Bill.

Having made that case, I want to say why I believe that the Opposition amendments are damaging in so many ways. Their amendment 85 is a poison pill—a poison pill coated in the sweet chocolate of parliamentary sovereignty and power, but a poison pill nevertheless. By moving the amendment, they are trying to seduce the great defenders of parliamentary sovereignty on the Government Benches into creating the possibility for them in the future to undo and reverse the effects of the Bill. They know that if they refer a decision to this committee of theirs, there is a chance—they cannot absolutely be certain who will be on it or how it will vote—that they can control it, whereas they know for a fact that there is no chance of controlling the British people. That is why their amendment is pernicious and insidious. That shows the view the Labour party has of the views of the British people on this great issue. It is that approach that informed its entirely insincere promise of a referendum on the European constitution—happily just before an election—and the attitude that led it to scuttle around, to persuade its European partners to take out a couple of things, to rename it a “treaty” and then to declare that there would be no referendum after all.

Government Members, as well as Opposition Members such as the hon. Member for Luton North (Kelvin Hopkins), who is so brave and forthright on this issue, should not be fooled by the amendment. I know that we are not allowed to call amendments “wrecking” amendments, but this amendment surely is designed to undermine the entire purpose of the Bill.