(13 years, 10 months ago)
Commons ChamberIndeed, and that is because the abstract principles contained in the charter, the ECHR convention and so on have developed a completely different type of law from ours. In a way, this debate illustrates the difficulty that exists. I say to the Minister that as ever, the Government are acquiescing in greater movement towards the human rights culture.
I may say that if anyone knows of my record in relation to matters such as this, they will know that nobody is more likely to want to defend the rights of individuals. All Members are devoted to trying to ensure that there is proper protection. The trouble is how to get to that point. I believe, for example in relation to terrorism, that if we legislate in Westminster according to the principles of habeas corpus, due process and fair trial, and according to our established procedures, we can be sure that no suspect will be ill-treated in our prison cells, however much potential circumstantial evidence there is against them.
Habeas corpus is the first duty of the judge. Ask any senior judge and he will say, “My first obligation is to apply habeas corpus.” He would go straight down from his chambers to the prison to make absolutely certain that a person was not being ill-treated. If a writ of habeas corpus is issued, that is that. It is one of our most fundamental protections of liberty for the citizen. A great deal of human rights legislation, and all that goes with it, is moving us away from that. There are also political judges in other countries. There are different systems of law, yet we are acquiescing in a process of change away from our established system.
It is difficult to grasp the broad sense of what is happening, but it has a direct impact. However, the Government are acquiescing in it on a significant scale. That was why, when I was shadow Attorney-General, I proposed the repeal of the Human Rights Act 1998. That was our policy up to the time of the coalition agreement, and the Prime Minister himself repeatedly said that he thoroughly endorsed it. It was Conservative party policy, but under the coalition it has been abandoned, which seems a big jump. In addition, during the debates on the Bill we have seen further acquiescence in the process of moving towards the abstract principle, instead of the concept of the common-law precedent, which my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) mentioned.
My issue with my hon. Friend’s eloquent speech is that I do not understand the word “process” that he has been using. We are already under the convention regime. Whether we are in or out of that is a boundary question. He might want to get out, but that is a different debate. Nothing he can do to amend the Bill will fundamentally alter the fact that we are already signed up to the “process”.
With great respect to my hon. Friend, he came into the Chamber somewhat after my hon. Friend the Member for Daventry (Chris Heaton-Harris) explained why he wanted to amend the Bill to ensure that we retain greater sovereignty in relation to certain matters arising under the European convention. I do not criticise my hon. Friend the Member for Spelthorne (Kwasi Kwarteng) for coming in a bit late, but we have already discussed that matter—we are now on clause stand part and the general question of the principles on which the convention operates. Does my hon. Friend want to intervene again?
Certainly. My hon. Friend says, “We are where we are.” In this debate and in the debate on the individual amendments, the Committee is dealing with some very important principles, including the principal question of the shift of accession. Therefore, it is important for us to explain and illustrate, by reference to documents, which I am not going through in detail, and by general principles, that with regard to the charter, the European Court of Justice, the European convention on human rights and the Strasbourg Court, there are important questions that will affect the constituents whom we serve.
For example, the Minister has told us that the only way that individuals can argue in the Strasbourg Court that the EU has breached their human rights is to bring proceedings against one or more member states. His answer to the question, “What do you mean by ‘directly’?” was that once the EU has acceded to the convention, it will be possible for the EU itself to be the respondent and to defend claims in its own name. When we asked how accession will reduce the risk of divergence and ensure consistency between human rights case law, Strasbourg and Luxembourg when article 52(3) of the charter specifically allows human rights law to provide “more extensive protection” than the ECHR—my hon. and learned Friend the Member for Sleaford and North Hykeham referred to that—we were told that the EU must have regard to Strasbourg jurisprudence.
Our problem over and over again is that the answers that we get are a further extension of the principles that move us away from common law and precedent, and that instead absorb us into a system of law, judgments and courts that operate on abstract principles. It is as simple as that. That is the key question. When there is a divergence between the two Courts, those problems will become more conflated and confused.
Another question was how the EU autonomous legal order will be preserved in light of European Court of Justice opinions in certain cases, which I will not go into in detail. In a nutshell, we are grateful for the Minister’s replies, which are included in the European Scrutiny Committee’s report so that anybody who wants to read them can do so. I quite understand that those who have come into the Chamber very recently did not hear the arguments advanced by my hon. Friend the Member for Daventry and the specific issues that he raised.
If the remarks of my hon. Friend the Member for Daventry (Chris Heaton-Harris) were so fundamental, why did he not press his amendments to a Division?
The short answer is that my hon. Friend the Member for Daventry did not do so because he had dealt with the questions that needed to be dealt with in relation to those amendments. I am concerned with the broader issue of the relationship between the European Court of Justice and the European Court of Human Rights in Strasbourg. That is the principal question in a clause stand part debate, which is why I am dealing with it now. That ought to be of great concern to the House, which is why the ESC has produced a special report and why I have gone into the detail in this debate rather than in a debate on specific amendments.
That little speech was the definition of “denial”, because there is no prospect of the French volunteering a treaty change on the Strasbourg sittings unless an enormous contribution is to be made from our side, which the Government would be able to deliver only if they were holding a referendum. By forcing referendums here, which means that the Government cannot give anything away, the Bill is making it impossible to win the argument on closing down Strasbourg—I mean the sittings there, not the city.
The issue that the hon. Gentleman raises in his example is clear. He suggests that the French would be reluctant to give away the right to have the two sites. That just illustrates the point that my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) made about the French sticking up for their interests, and it touches on the whole point of this Bill. It seems extraordinary for a Member of Parliament to say, “We don’t like the Bill because sticking up for our interests might in some way damage the whole European project.” That is not what we are trying to do.
I think that the hon. Gentleman misunderstands me. I am sure that that is my fault, because I cannot have expressed this at sufficient length or ably enough. The point I am trying to make is that our insistence that there will be no treaty change without a referendum makes it more difficult for us to achieve changes in the treaty that we want to pursue, because other countries will simply say, “We know that you are determined not to have any treaty change whatsoever, which is why you have created this referendum lock and all the rest of it.” That is why, I think, Government Members who are delighted that the coalition is committed to trying to change the situation in relation to the dual sittings and Strasbourg are profoundly deluded.
(13 years, 10 months ago)
Commons ChamberIt is interesting to hear the hon. Gentleman refer to the exceptional clause in that way. I will come on to the very interesting point that he has raised, which I am sure would not be shared by many Conservative Back Benchers.
Let me pursue my argument. These two factors—the lack of proper debate that having a referendum on a small technical issue would mean, and the low turnout—might lead to a questioning of any referendum result. For example, I cite Professor Hix again in his evidence to the European Scrutiny Committee, when he referred to the example of Texas. I heard a Government Member earlier making a sedentary comment about the USA, so let us look at this example from Texas. It has referendums in local communities on whether smoking or drinking should be banned. I am sure that everybody understands the questions, but they have a referendum on the same issue every year. Why? It is because people keep on questioning the validity of every year’s result because the turnout is so low.
The Bill implies that this Parliament can bind future Parliaments, but we all know that this cannot be done constitutionally. It is an interesting point, as the Government have made it clear that they do not intend to test the legislation. Perhaps one of their amendments might do so, but generally speaking, they do not intend to use this legislation—it is intended for something in the future. I would argue very strongly that there is a constitutional question mark over that.
I also believe that the Bill weakens the role of Parliament because it obliges Parliament to pass on much of its decision-making capacity. Yes, it is true that the Bill gives additional responsibilities to Parliament in some areas, which we will debate at a later stage. The Bill’s most important impact, however, will be to weaken the role of Parliament. I would even suggest that the Bill’s whole approach is crudely populist and fraught with practical problems and constitutional risks.
The hon. Gentleman’s comments seem to be a diatribe against all referendums anywhere and are not specific to the Bill. Of course a referendum is populist; it is the most direct form of gauging the popular will. The approach of his argument seems a complete waste of time.
That is completely untrue. My argument is that there is a clear distinction between important constitutional issues and detailed minutiae. We can argue about the constitutional issues, but there is a big difference between them and a referendum on a raft of detailed minutiae. That is the big difference, which the Bill fails to acknowledge. The Bill is about having referendums on not the big issues, but the small, relatively unimportant ones.
It is not for me or anyone else in the debate to say what the committee should or should not decide. I am saying that the Bill expressly excludes a referendum on Turkey’s accession, irrespective of whether it is considered important or not, as a matter of principle. The Bill says that there will not be a referendum on Turkey’s accession no matter how important it is. That is illogical.
The simple question that Government Members wish to ask the hon. Gentleman is whether, under his committee, the proposed referendum on Turkish membership would take place. It is incumbent on him to explain how the proposal that his party has made will work in practice. That is what we are trying to get to.
Who knows who will be on the committee? Who knows what opinions will be expressed? Who knows on what terms Turkey will join the EU, if it ever does join? The big difference is that we are suggesting that there should be proper, open-minded consideration. We are against a closed book on the issue, which is what this Bill suggests.
I am reminded of a constituent of mine going to a doctor who gave her some very powerful medicine. When she drank the medicine, she asked, “What will happen to me?” The doctor gave her a reason, but the hon. Gentleman’s answer reminds me of the doctor saying, “I don’t know what will happen to you if you drink this medicine. I do not know what condition you will be in after you have drunk the medicine. I cannot possibly tell you how it will work out.” That seems analogous to the hon. Gentleman’s position.
I do not think that it is.
Members have asked about our rationale in tabling the amendment. I believe that we have explained it logically and systematically, but I ask the Minister: what is the Government’s rationale in specifically excluding a referendum on accession? Will the Government respond to that? What is the rationale? This is a debate but there is silence from Government Front Benchers—I can only conclude that there is no rationale. There is not, is there?
The situation is quite simple. The Government want Turkey to join the European Union. They consider that to be of tremendous foreign policy importance and they will not allow a referendum to get in the way. That is the truth and they should accept it.
No, not yet.
When I first read the Bill, I was worried about this complicated piece of legislation, compounded by the lack of clarity about the meaning of “power” as opposed to “competence”. I was concerned that it was a potential paradise for lawyers. As I am not an enthusiast for judicial activism, that worried me. I was also worried by the comments of the Foreign Secretary in the Second Reading debate.
Then I delved deeply into the how and why of judicial reviews, and in particular the circumstances in which they are held and the criteria that they examine. The House of Commons Library, as always, provided excellent objective information, and with forensic precision the European Scrutiny Committee carefully examined whether, in the case of the Bill, judicial reviews are likely.
I shall try again. In the context of the Bill, does the hon. Gentleman believe there should be a referendum on Turkish accession to the EU?
I rise to speak to amendment 11, on which I hope the Committee will have time to vote. The amendment goes to the heart of what is wrong with the Bill. There are plenty of other things wrong with it: it is inconsistent, and all kinds of other things, but let us leave that aside for the moment. The hon. Member for Daventry (Chris Heaton-Harris) made an important point when he said that there was not a particularly clear party political divide on Europe, and that there were pros and cons on both sides. Very few people vote for their Member of Parliament because of the candidate’s view on Europe. They do, however, have a sense that, in a parliamentary democracy involving the Crown in Parliament, the House will ultimately have to decide on these matters.
What worries me about the whole construct of the Bill, which purports to strengthen Parliament, is that it will actually do no such thing. There is a sense of “Oh God, make me virtuous, but not in this Parliament”, and, because one Parliament cannot bind another, God knows what will happen in the next one. However, the default position will introduce the judiciary into the proceedings. It was bad enough that, when we were discussing parliamentary sovereignty, we were seriously asking whether it was a common law concept that would be open to judicial interpretation. It is not. The default position is that there must be a substantive vote in the Commons, and that that must be the ultimate decider if there is any doubt. There are manifold reasons why people have lost trust in the political process, but it is true to say that all parties have a tendency to behave differently once they are in government. They are much less inclined to ask the people than they were when they were out of government.
I am fundamentally in favour of the accession of Turkey to the European Union, but I would not like to go out and campaign in a referendum on that question. The Bill calls for referendums on significant changes. At the time when Turkey might accede to the European Union, its population will be larger than that of Germany. It will be the largest country in the EU by population, and its voting weight would therefore be larger than that of any other country. Anyone who argued that Turkey’s accession did not represent a significant change would be living in cloud cuckoo land.
My issue with a referendum on Turkish accession is that it would not really be within the jurisdiction of the House. Yes, we can hold a referendum on any transfer of powers from this country to the EU, and potentially veto that transfer. However, if the rest of Europe wanted Turkey to join the EU, we would have very little recourse to any action such as holding a referendum. That is my objection to the point about a referendum on Turkish accession.
I genuinely do not want to be patronising, but I might be about to sound patronising. An accession treaty would still have to be decided on by this House. We would have a say on whether Turkey would join. We might also go further and ask the people whether it should happen. Also, on the question of the transfer of new powers, there are very few areas—apart from the questions of a European standing army and joining the euro—in which the European Union does not already have powers in some shape or form. So this is not just a question of new powers; it is also a question of the strength of powers. If there were a question on the accession of Macedonia, I could argue that that was so insignificant that it would not affect our powers. However, the accession of a country such as Turkey is massive. So, to respond to the hon. Gentleman’s question: this House—or perhaps the people—will decide whether Turkey joins the European Union, because the accession of a member state that would be larger than any of the others represents a significant change.
I shall return to amendment 11. There is so much wrong with this place, and my lungs are still full of dust, so my voice will go at any moment. I am sure that that will be a great relief to quite a number of people, not least those on my own Front Bench.
Amendment 11 states:
“If the Minister’s opinion is that the effect of that provision in relation to the United Kingdom is not significant the Minister must seek Parliamentary approval for his opinion”,
and the approval must be on the basis of a substantive vote. If we make this open to judicial review—I am fully aware that some argue that judicial review is never on the substance, but only on whether the Government misled themselves in the process or incorrectly applied the law—we need to be aware that if this House allows decisions to be taken outside, it will weaken itself.
The hon. Gentleman has to understand that the committee will make recommendations and it is not about what the committee will say. When the committee comes back, we will not all automatically do what it says; it will make recommendations. My hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) talked about collective memory, what it is and how important it is. The people on the committee might well have an enormous amount of experience and the people who are likely to want to be involved or to consider the detail will have done so previously. As she pointed out, ministerial teams often change and have to pick up a brief very quickly, so they will not necessarily have that knowledge.
The idea is that the committee should consider the detail, sift out what really matters and make a recommendation, but the Houses will not have to take that recommendation at face value. If the issue is of major significance, surely by that time some interest will have arisen, people will be doing their own research and people will be coming to the Chamber with plenty to say.
My constituents are saying to me, “You do the nitty-gritty and sort out the bits and pieces. When you have done that, you can tell us whether you think that this is a matter of major significance.” That is the idea—the committee would bring that information to the House, and this House and the other place would make the decision.
My understanding of the hon. Lady’s position is somewhat unclear. Is she saying that her constituents have delegated to us the responsibility and have therefore no interest in the outcome of a debate on the referendum?
I am saying that my constituents say that there is often detail to be considered before we can decide whether a change will have a major impact. In the Bill, there seems to be great confusion about what a power actually means. We do not seem to have clarity in the Bill. My constituents are saying, “This is the sort of work that you need to do. When you, in Parliament, can tell us whether you think an issue is significant the door is open for a referendum if that is what you think best.”
Does my hon. Friend agree that the signal being sent by the Labour party is contemptuous of the electorate? It is trying to set up a committee that, in its good grace, will decide whether the people should have a referendum.
I want to speak briefly. The hon. Member for Dover (Charlie Elphicke) might have a more sceptical view of Europe, living so close to it in Dover, but I agree generally with his views on Europe. He was sceptical about the strength of the committee proposed in new clause 9, but he would also be justified in being a little sceptical about the intentions of his Government, because the Bill is weaker than it needs to be and will not provide the strong defence that I think we need against the further aggrandisement of European power. I say as a warning: do not trust anybody in matters European.
Although I support and will vote for amendment 11, I am puzzled by new clause 9. I am not sure what it means, nor why it invokes so many decision-making processes. I do not know why it does not invoke the Mothers Union and the Privy Council as well.
As with all European debates, this debate has skirted around the main issue, which is that the Government always get their way on matters European and steamroller what they want through the House. This country has a system of government by party, in which the Executive effectively control the legislature. Party loyalty means that, whatever platform MPs are elected on—whether it is Eurosceptic, Euro-enthusiast or “don’t care two stuffs about Europe”—they get dragged along by the chariot. Government by party guarantees that.
Europe has a remorseless power to drag us in. It is rather like the conversation between Brer Rabbit and the tar baby—punch it, and we are stuck. The drive to ever-closer union drags us in, because Ministers never want to rock the boat or be disruptive. They do not want to stand and fight on any particular issue. Even the courageous and esteemed Yorkshireman who holds the position of Foreign Secretary is now beginning to say nicer things about Europe in the dulcet tones of his Yorkshire accent. That is a symptom of the way in which this Government are being drawn in. Instead of making a stand on the increase in the budget by 2.9%—it will go up because there are in-built drivers that will make it rise—they accepted the remorseless rise in contributions. The cost of implementing all the regulations must now cost the country about £40 billion a year, which is as big as the cuts that the Government are trying to make.
Each party gets drawn in. Ministers do not like confrontation, so we go down the path remorselessly. I do not know who said, “Talk tough and carry a big stick”, but Ministers talk tough and carry a feather duster. They come back from Europe waving the feather duster saying, “I didn’t get exactly what the House of Commons or the people wanted. I had to make compromises, of course, so I went along with this. Believe me, it is only a small increase in the power of Europe. We can trust them. This will cause no problems and will be acceptable.” Disastrous consequences follow. That is how Europe progresses. In this country, we always discover the extent of the disaster and the damaging consequences of the concessions long after the event. The classic example is the common fisheries policy, which was sold as an accommodation to Europe that would not be difficult or cause many problems.
I am not sure that I should give way to a Member who does not represent a fishing port.
I am very grateful for the hon. Gentleman giving way, notwithstanding my not representing a fishing port. I want to know the position taken by the hon. Gentleman and his party on the idea of the referendum lock. In all his eloquent words, I have not worked out his position on that question.
When the hon. Gentleman has been here longer, he will appreciate that my position is not exactly the same as that of my party’s Front Benchers. My position is sensible, austere and Eurosceptic, and I am anxious for the consultation of the people on any matters that involve the sacrifice of power to Europe. We should have had a referendum on the Lisbon treaty—I concede that point. I and other hon. Members argued for it strenuously at the time, but we were overruled. That was a retrograde step that made the treaty and its provisions less acceptable to this country, because the people felt that they were being imposed on them. I am in favour of referendums, and I do not think that the Bill is strong enough in that respect.
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?
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.
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.
This Bill is about checking the European Union in its encroachment of sovereign powers. It is not a routine measure, such as the ones the hon. Gentleman mentions. It is not an abrogation of the rights of this Parliament to give the people a referendum to prevent further encroachment of sovereign powers.
My hon. Friend is making the point—the hon. Member for Swansea West (Geraint Davies) seems not to have absorbed it—that on the issue of European politics, the House of Commons, our Parliament, is simply not trusted. Time and again, as my hon. Friend the Member for Camborne and Redruth (George Eustice) pointed out, we promised referendums, but failed to deliver them. In this specific case, it is quite right to have a referendum lock on any further treaties. This is not an argument for having referendums in general, but a specific point about our relations with Europe and the capacity of this country’s people to make their views felt. I think that the public generally feel that the House and the political class as a whole have been bad at listening to them. The idea that we are abrogating responsibility through this referendum is foolish. What we are trying to do is to re-engage with the public.
My hon. Friend is quite correct: this is not an abrogation, but a reaffirmation of people power. In enacting the Bill, this Parliament, which represents the people, will give the public the rights for which they have been screaming for so long over further EU encroachment.
(14 years, 5 months ago)
Commons ChamberI have been privileged to hear maiden speeches by my hon. Friends the Member for South Thanet (Laura Sandys) and for Hereford and South Herefordshire (Jesse Norman), who illustrated very well the nature of the threats that we face. My hon. Friend the Member for South Thanet talked about carers, and about the particular character and fortitude of the people of her constituency.
The House could have a no more important debate than this, and it is disappointing to see it so poorly attended by Labour Members. The nature of this country’s relationship with the wider world and how we can hold our own position in it, not only in terms of economics and culture, is the fundamental issue that will determine the next 10 or 20 years—a long time in which I hope that many Members present will sit in this House, obviously provided that their constituencies return them. It was revealing to hear the shadow Minister speaking on the subject. He said that Argentina was the 10th richest country in the world in 1913, but seemed to suggest that it had then fallen back because of its politics. He failed to analyse the political position and consider what sort of political regime operated in Argentina. He will remember that Juan Perón ruled for a long time after the second world war and was perhaps that country’s most disastrous ruler. He openly espoused a socialist programme. There was vast confiscation of wealth and manipulation of the unions. As my hon. Friend the Member for Bromsgrove (Sajid Javid) pointed out, Argentina defaulted in 1999 because of its huge debt. Yet the hon. Member for Rhondda (Chris Bryant) elided all those facts.
Juan Domingo Perón was more of a syndicalist, closer to Mussolini than to the socialism of the Labour party.
May I retort that Mussolini was originally a socialist? He was a left-wing journalist. It is no accident that those people had many shared ideas. However, whether Perón was a socialist or a syndicalist is neither here nor there.
The hon. Member for Rhondda alluded to our problem as a country. He suggested that we had problems with education. He rightly mentioned that many people in this country are not learning foreign languages. Indeed, the number has declined since 2001. However, who was in government at the time when, as he pointed out, the figures were declining?
We must also confront a decline in educational standards. It is an open secret that we have had grade inflation. In China or other parts of the world, the education systems are highly competitive and rigorous. If we are seriously to compete with the emerging nations, we must sort out our education system and return some rigour to the process.
Does the hon. Gentleman accept that the number of pupils passing GCSEs and A-levels reached a record high under the previous Labour Government?
That is the whole point—that happened because of grade inflation. The results reached a high every year for 13 years. One must conclude that either students are getting much cleverer or exams are getting easier. You take your choice. [Interruption.]
The hon. Gentleman is right about ensuring that more people take foreign languages such as Mandarin and Spanish. However, does he not think it is counter-productive to end the fourth phase of the diploma programme, particularly for languages, which would encourage enthusiasm for modern languages in emerging markets?
I was making a broad point about 13 years of Labour failure, which is central to the debate. If we are serious about competing with China and India, we must have much more rigour and a little more discipline and focus in our education system. Those are obvious facts, but Labour Members seem to ignore them completely.
With respect, I am talking about the emerging economies, and the point about education is central to the debate. If the country is to improve and compete with other countries, we need much more rigour and discipline. That was palpably lacking in the Labour Government’s actions in the past 13 years.
We must approach the problem much more broadly. Britain was so successful in the past because we had a thriving economy. The industrial revolution powered Britain’s ascent to world dominance in many ways. Leaving a country economically crippled is the worst thing that we can do to our standing abroad. We must tackle our domestic economic situation before we can even begin to try to compete with emerging economies. I just wanted to put those broad points on the record, and to say that Labour failure has once again damaged—
Order. We are grateful to the hon. Gentleman. With the leave of the House, I call the Minister, Mr Henry Bellingham.