European Union Bill

Lord Goodhart Excerpts

Tuesday 26th April 2011 Lords Chamber

[Lord Richard]

No, not yet. The next paragraph refers to,

“where the United Kingdom has become a participant in a European Public Prosecutor’s Office, a decision under Article 86(4) … to extend the powers of that Office”.

What will you ask in relation to that? Will you say, “We have already decided that we will be a member of the public prosecutor’s office. Are you, the great British public, now in favour of an extension of those powers”? It is fatuous. How could you possibly campaign on that, and how could you possibly respect any result that you got?

[Lord Goodhart]

I am most grateful to the noble Lord for raising these points. I should make it clear that I have tabled amendments, which will be dealt with later when we get to Clause 6, that deal specifically—and very much in line with what the noble Lord has said—with these subjects and other rather similar ones.

[Lord Richard]

I am glad to have such approval of what I am saying in advance. I entirely agree with what the noble Lord appears to want to do.

Go on and read the thing. See what it demands in terms of a referendum. Further on, the Bill gets even better. I implore the two noble Lords who talked about balance to look now at Schedule 1 to the Bill. Its heading is:

“Treaty provisions where amendment removing the need for unanimity, consensus or common accord would attract referendum”.

There are lists under Parts 1 and 2. Look at the list under Part 1, particularly,

“number of, and system for appointing, Commissioners”.

Will we have a referendum in which we go the British public and say, “Do you agree with this system for appointing commissioners, or would you prefer that system for appointing commissioners”? How on earth could you run a campaign on that basis? You could not because the issue is so narrow. You certainly cannot use it as balance.

--- Later in debate ---

[Lord Richard]

My Lords, all I can say in answer to that—

[Lord Goodhart]

My Lords—

[Lord Richard]

With respect, I will respond to the noble Lord, Lord Pearson, before giving way to the noble Lord, Lord Goodhart. The only answer that I can give to the noble Lord, Lord Pearson, is that his remarks indicate clearly what is wrong with the position of UKIP. If he really believes, as a member and, indeed, as a quasi-leader—I suppose that is what we should call it—of a serious political party in this country, if it is meant to be serious, that we could have a sensible referendum campaign on those issues, that seems to me highly indicative.

[Lord Goodhart]

The noble Lord said that people would be very upset by having a European public prosecutor’s office, but is he aware that the EPPO would deal only with matters of international litigation and would have no effect whatever on any litigation inside the United Kingdom?

[Lord Richard]

My Lords, I am sorry that I gave way to the noble Lord, Lord Goodhart, because he was interrupting the noble Lord, Lord Pearson, and that point has nothing to do with me. I am sure that he is right and that we will consider that matter in due course.

Finally, I urge noble Lords to read the Bill before they make up their minds on any of these issues because, frankly, in 45 or 50 years of political activity, I have never read a Bill that I find more distasteful or absurd.

--- Later in debate ---

[Lord Hamilton of Epsom]

I agree absolutely with my noble friend. I only wish that I could believe that we were going to see repatriation of powers, but unfortunately with the acquis and so forth that will be extremely difficult.

The plea that has been made for the amendments is that, in special circumstances and when there is great urgency, discretion should be given to Ministers to allow things through without a referendum. You can imagine how that will be abused. The procedure, like so much done by past Governments, will be abused to let things through without referenda and we will be back where we started. I totally oppose the amendments.

[Lord Goodhart]

If the noble Lord, Lord Hamilton, thinks that what happens in the European Union is of immense concern to the average member of the United Kingdom, will he consider the result of the general election in 2001, when the right honourable Mr Hague was the party leader and fought that election largely on the basis of dislike of the European Union? Perhaps the noble Lord remembers the result of that election.

[Lord Hamilton of Epsom]

Yes, and perhaps my noble friend would like to remind himself why William Hague fought the election on European issues. It was because he had done so incredibly well in the European elections not much before, and it seemed at that point that the country did not want to have anything to do with Europe.