Court of Justice of the European Union

Lindsay Hoyle Excerpts

Tuesday 11th June 2013 Commons Chamber

[Mr Lidington]

I am always willing to say that if any right hon. or hon. Member, or any UK business, can come forward with evidence that another member state is refusing to implement European law—whether that is law as interpreted by the Courts or the law as enacted through the European legislative process—we will be happy to champion those British citizens or companies with the relevant institutions. As I am sure the hon. Gentleman will know, once law has been established and clarity assured by a judgment from the Court, it is then for the European Commission to initiate infraction proceedings if a member state fails to implement the European Court’s rulings. It is fair to say that sometimes there is argument after the judgment about the exact meaning—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We are drifting from the question of advocates-general. Mr Shannon has tempted you, Minister for Europe, and you should know better. Back on course!

[Mr Lidington]

If the hon. Member for Strangford (Jim Shannon) applies to Mr Speaker for an Adjournment debate, he and I might have the opportunity to explore those matters in the detail that he so ardently desires.

Let me return to the issue we are debating and the criticisms the European Scrutiny Committee has raised. Let me turn first to the important issue of funding. Although broadly supporting the proposal, the Government are clear that any additional advocates-general should not and need not result in an increase in the Court’s budget. The appointment of the new post holders and their support staff should lead to a relatively small additional cost of about €4 million a year, which the Court can meet from within its existing budget. Its budget was more than €354 million for 2013, and the Court has underspent by more than the cost of the additional advocates-general in each of the last three years. In the current economic climate, there is an imperative on all the EU’s institutions, including the Court, to find ways to reduce their administrative costs.

As I set out in paragraph 12 of my explanatory memorandum to the European Scrutiny Committee, the UK is prepared to submit a minute statement in Council to set out our expectation that the increase is cost-neutral. If necessary, we will do that during voting on the Council decision. As I know the House understands, a minute statement in itself will not be enough to guarantee cost-neutrality, but would be a clear statement of the United Kingdom’s position ahead of the separate financial negotiations next year on the annual budget. Indeed, the minute statement is not intended to secure budget neutrality at this stage, but is intended to signal clearly the beginning of our negotiating position for next year.

--- Later in debate ---

[Mr John Redwood (Wokingham) (Con)]

But does the Minister not agree that what we want is fewer judges because we want fewer cases? The judges we want are the ones who will uphold the sovereignty of national Parliaments on far more issues than is currently the case—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I have allowed the right hon. Gentleman to intervene on the Minister even though he only arrived in the Chamber three minutes ago. However, the debate is about advocates-general, not about judges.

[Mr Lidington]

I would say to my right hon. Friend the Member for Wokingham (Mr Redwood) that we need less legislation at European level. We need legislation to be written as clearly as possible, so that there is less need for the arbitration of the Courts. Regarding some of his criticisms of the ambiguity and over-prescriptive nature of European law, I have to say that I have heard such criticism being made of United Kingdom Acts of Parliament as well from time to time. None of this is perfect. He might have missed the point that I made earlier in my speech that British business finds it helpful to have a European Court of Justice applying the rules of the single market with clarity and, one would hope, with fairness. There have been a number of leading cases in which the decisions of the European Courts have led to significant practical advantages and opportunities for United Kingdom businesses and business sectors.

I want to give a little additional information to the right hon. Member for Leicester East. I have been advised that Lord Mance is the United Kingdom’s member on the panel and that there are seven members of it in total. From memory, they are people who are selected on merit and who have held usually very senior judicial office, perhaps in the constitutional court or supreme court of their own country.