European Union Bill

Lord Howell of Guildford Excerpts

Thursday 23rd June 2011 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, I am grateful to the noble Lord, Lord Lea of Crondall, for tabling the amendment. It seeks to confirm in statute that Clause 18 does not alter the rights and obligations that the UK has assumed and given effect to in UK law since it became a member state. In particular, the amendment provides that the clause would not affect any existing commitments flowing from subsequent treaty changes and accession treaties. That is the purpose of the noble Lord’s amendment.

As I say, I am grateful to him because it allows me the opportunity, once again, to make crystal clear that this Government strongly believe that it is absolutely essential that we continue to respect the rights and obligations that we have as a member state of the European Union under the treaties to which we have committed ourselves. This is because we recognise the benefits of EU membership. This Bill does not do anything to alter our current active engagement within the existing powers and competences of the EU. I do not want to go into too much repetition of our extensive and very valuable discussions in Committee. As I said then, the coalition Government’s Programme for Government spelt out that the United Kingdom will be,

“a positive participant in the European Union”.

I believe that this Government have, since last May, amply demonstrated an active and activist approach to EU matters. This has been exemplified by this country’s leadership in the European Union’s response, and indeed the global response, to recent events in north Africa and the Middle East, and the continuing turbulence there.

The pragmatic approach that this Government have adopted in their wider EU policy brings home the pragmatism that has been shown at times in your Lordships’ House during the consideration of this legislation. We have come a long way since the Bill came from another place. We have undertaken detailed and considered scrutiny of the Bill and its provisions, as we should and as is our proper role here.

I want to pause briefly during these remarks to thank warmly colleagues on all sides of your Lordships’ House who have taken part in these debates. Our differences have been there, of course, but those aside, your Lordships’ House has engaged in its proper role of detailed scrutiny of what is undeniably a very complex Bill. Members have done so with diligence, and for that I am grateful.

[Lord Pearson of Rannoch]

My Lords, have we moved on to debate the Question that this Bill do now pass, because I do not think that we have yet disposed of the amendment?

[Lord Howell of Guildford]

No, we have not. We are discussing the amendment. I hope that that is clear to the noble Lord.

The Bill represents a major step forward in the engagement of Parliament over the future direction of the EU. I know that some noble Lords have argued that giving the British people a greater say over decisions could come at the expense of Parliament. However, the more that one examines that proposition, the more I believe that not to be the case. On the contrary, we are seeking to build an enduring framework on which both Parliament and the people of the country will be given a greater say over the key decisions of the Executive in the European Union. That must be healthy. We are seeking to reflect—

[Baroness Quin]

I am grateful to the Minister for giving way, because it allows me to make an intervention that otherwise I would have tried to make in the form of a speech. He has claimed that there is general acceptance of the provisions for a referendum lock on key constitutional issues. Indeed, the noble Baroness, Lady Williams, with whom I normally agree 100 per cent on European issues, said that the Government had persuaded us all of this. However, I do not agree with the use of referendums. I tend to share the view of the noble Lords, Lord Jopling, Lord Deben and Lord Brittan, and others that we need to be very careful if we are going towards this plebiscitary form of democracy, rather than a representative one. I should, therefore, at least like to place on record my own concern about referendum locks in general.

[Lord Howell of Guildford]

That is a very clear view from the noble Baroness, who, as a former Minister for Europe, knows about these things. However, I have to say that, in the age in which we live, that is a heroic position. We are now living in the information age of instant communication. Referenda are being used in every country, not at the expense of parliamentary debate and sensible diligence by elected representatives but as a further extension of the consolidation of the people’s trust in the processes of government. They are being used everywhere.

I heard the very eloquent views of the noble Lord, Lord Deben, who is not in his place, that he is against all—

[Baroness Williams of Crosby]

I am grateful to my noble friend. I simply want to make it clear that my support for referenda is limited to major amendments to treaties. It does not apply, as the Minister knows very well, to the list of issues set out in the schedule to the Bill.

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[Lord Howell of Guildford]

That is a perfectly fair and sensible intervention by my noble friend. We would, of course, expect nothing else. It reinforces my point that to be either at the one pole of being against all referenda and plebiscites or at the other of saying let us have a referendum every five minutes is absurd. In between lies the possibility, in a modern parliamentary democracy, of consultation with the people through referenda on major issues where sovereignty is transferred, where competencies are transferred or where powers are surrendered by this Parliament through treaty to a higher Parliament.

My noble friend has intervened to say that only in very limited circumstances does she agree. The noble Baroness, Lady Quin, has said that she does not agree at all. The noble Lord, Lord Deben, says that he does not agree. But somewhere in between is the sensible, practical way forward. We are seeking to reflect in the Bill the unavoidable reality that, in the information age, parliamentary-based democracy has widened, is widening and is bound to widen to embrace consultation on key issues. We can argue and have argued for many weeks on how far popular consultation should be involved, but the basic principle is the reality with which Governments are now developing their methods of government and holding authority almost throughout the whole democratic world.

[Lord Clinton-Davis]

The noble Lord has talked about the positive contribution that this Government have made as far as the EU is concerned. However, is that not negated by the unwise alliance that the Government have formed with rather dubious characters, and the withdrawal from a more central grouping?

[Lord Howell of Guildford]

With great respect for the noble Lord, whose experience in European affairs is enormous, that is widening the debate vastly from discussing the amendment before us at Third Reading. The noble Lord is raising all sorts of political issues, on which I am very happy to engage, but this would not be the appropriate process and your Lordships would rightly criticise me for going into those issues. I am pleased that we have seen an acceptance of the principle that there should be a referendum on future treaty changes which transfer power and competence from the UK to the EU. That is a step forward, although I repeat that I fully respect my noble friend’s intervention to the effect that she does not accept that for a vast range of activities.

[Lord Davies of Stamford]

The noble Lord has been talking at great length about referenda and justifying the use of referenda in the 56 cases listed in this Bill. What is the rationale for going for referenda in all these 56 cases, some on very esoteric grounds, and not having a referendum on the very substantial and dramatic reform of our legislature as proposed by the Government?

[Lord Howell of Guildford]

We have debated this at length. I have enjoyed some of the noble Lord’s interventions—not all of them—and this one is based on a total fallacy and misunderstanding of the Bill which I have tried to disabuse him of. Clearly I have not succeeded. There is no question of having referenda on 56 different items. As we have debated at enormous length, the items included in Schedule 1 and Clause 6 all relate to a handful of very big, so-called red line issues which the people of this country do not want to be dealt with other than through popular consultation. That is the reality. The 56 story is a wonderful myth. It should be utterly dismissed and I hope that we do not hear anything more about it.

Perhaps I may return to the amendment. Clause 18 would not alter the rights and obligations of the UK by virtue of our membership with the European Union.

[Lord Dykes]

I apologise for intervening and shall be very brief. First, I genuinely thank my noble friends Lord Howell and Lord Wallace for being helpful, whenever they could be, in responding to many of the points made at previous stages. However, accepting that a transfer of powers of sovereignty can be used as a technical description of our membership of the European Union, is it not better psychologically for the public to have an expression which represents the reality that, by apparently agreeing to things in the European Council, we increase not only our own national sovereignty but the collective sovereignty of the whole Union? That also applies to our membership of NATO, the UN and other international bodies.

[Lord Howell of Guildford]

First, I thank my noble friend for those words of thanks—I was going to say “condolence”—for the efforts that we are putting into explaining the Bill. He makes an extremely valuable point: where Britain’s national interests are to be promoted by further involvement under treaties or otherwise in international institutions, that is an important matter on which the Government should certainly seek support through popular consent. The argument that we cannot make progress in any of these areas of international and multinational organisations because the Government somehow fear that the people will not agree is very weak and defeatist. On the contrary, if we are to pursue the national interest in a robust way, I think that the present Government and future Governments will have no fears at all about persuading the people to give popular support and consent to the steps forward.

[Baroness Nicholson of Winterbourne]

I thank my noble friend for giving way. Does he agree that over the past 35 years or so member state Parliaments in other member states have been more heavily involved than the United Kingdom, and the Bill offers a way for the member state Parliament in Westminster to get far more closely attuned—providing that we can work more closely with the British people—to the will of the people on further transfers of sovereignty? Does he not also agree that this has been a profoundly important debate because it has widened the discussion from the very narrow perspectives of Brussels to the Government and back again? It has already brought Parliament in far more fully and, from that, we will be able to have occasional referenda, which will bring the British public much more into the picture.

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[Lord Howell of Guildford]

I totally agree with my noble friend. I believe that the Bill is part of a jigsaw of processes to reinforce the relationship between the general public and the entire European Union project in a thoroughly positive way. I hope that I have not sounded too complaining during the passage of the Bill but I hoped for massive support, which I do not think was always forthcoming from your Lordships’ offices, for those who want to see the European Union project greatly reinforced. Let us face it—at the moment, it is confronting some very serious challenges. This is the part of the way forward, although not the only way forward. My noble friend greatly reinforces that central point.

I return to the noble Lord, Lord Lea, who is owed a detailed comment on his excellent amendment. I emphasise once again that Clause 18 does not in any way seek to vary the rights and obligations under EU law to which the UK has given effect in its domestic legal order, principally through the Acts referred to in the amendment. It merely confirms that, for directly effective and directly applicable EU law to have effect in the UK legal order, it must be underpinned by UK statute—an issue that of course we discussed at great length on Report. The House of Lords Constitution Committee, in its very valuable report that has been referred to many times, recognised that the intent of the clauses was to do no more than reflect existing law. Clause 18 does not in any way repeal or amend any existing legislation that the UK has adopted to give effect in our law to commitments assumed under past treaty changes. I hope that the noble Lord, Lord Lea, will accept that that is the reality and the basic underpinning ground fact that lies beneath the reasoning for Clause 18 being in the Bill.

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Moved by

[Lord Howell of Guildford]

That the Bill do now pass.

[Lord Pearson of Rannoch]

My Lords, I hope that your Lordships noticed that my noble friends and I withdrew a number of amendments in Committee and forbore to table any on Report or, again, at Third Reading. We did this to reduce by several hours the inordinate time it was taking for this Bill to pass through your Lordships' House, and so, with the leave of the House, I shall speak very briefly now on the Motion that this Bill do now pass.

The first thing I want to do, and it is not much fun, is to recall what I said at the start of my Second Reading speech on 22 March and now to regret that noble Lords in receipt of a forfeitable EU pension, with one honourable exception in the shape of the noble Lord, Lord Williamson, did not declare that interest during our debates. As I said at Second Reading, it is not helpful to members of the public or those who read our debates if they are not told of noble Lords’ past experience of the subject under debate or where those noble Lords are coming from. That omission skews the whole tone and understanding of our debates, quite apart from anything else.

Although I and those noble Lords who feel as I do on this subject have received no support on this matter from your Lordships' nomenklatura, in the shape of our Committee for Privileges, I am grateful for the public support which we have now received in the national press: from this country’s leading and most amusing diarist, Mr Quentin Letts, on 26 March in the Daily Mail and from the political editor of the Mail on Sunday, Mr Simon Walters, on 19 June. For those who wish to go into the detail of this unfortunate situation, I again recommend my debate in your Lordships' House on 19 July 2007.

As we now look back over our debates and divisions on this Bill, the situation is even worse than a mere failure to declare such an obvious financial interest in debate. Three amendments were carried against this Bill—

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[Lord Pearson of Rannoch]

If the noble Lord will hold with me for another few seconds, I think that what I am saying is worth having on the record.

I was asking the Government why they cannot see that democracy is the only reliable guarantor of peace and long-term prosperity, and that the sooner we get back to a Europe of democratic nations, freely trading and collaborating together with all their powers returned to their national Parliaments, the better it will be for all the peoples of Europe and, indeed, of the rest of the world beyond. That is entirely in context with the passage of this Bill as it goes to the House of Commons, and as this is the third time I have asked the noble Lord, Lord Howell, the question, I would be grateful for his reply.

[Lord Howell of Guildford]

My Lords, I am very strongly advised that the custom of this House is that “the Bill do now pass” is intended to be a formal stage. That is what the Companion clearly says, so while I am always tempted perhaps outside this Chamber to engage with the noble Lord, Lord Pearson, who has just put his grand case against not only the entire Bill but the entire policy and this country’s commitment to be a positive force in Europe, as it has been for the past 1,000 years in many ways, and while I would love to explain to him that his view is defeatist and belongs to the past century and not the present one, I will resist doing so and instead repeat my grateful thanks for the kind compliments that have been paid by my noble friend and others.

[Lord Clinton-Davis]

Will the noble Lord, Lord Howell, join those of us who think that the contribution that has been made by those on all sides of the House, except the noble Lord, Lord Pearson, has been worth while? Will he also join me in resisting the animadversions that have been made about former commissioners, which are utterly untrue?

[Lord Howell of Guildford]

I am not going to enter into wider or controversial comments, because this is the stage of the Bill at which those would be inappropriate.

Finally, it is true, as the noble Lord, Lord Liddle, has observed, that your Lordships made some amendments to the Bill that we were unable to support from this side of the House. I have no doubt that the other place will consider those new provisions carefully, but overall the thrust, aims and intentions of this Bill are clear, despite some of the amendments that will obviously water it down. Our differences aside, your Lordships' House has engaged in its proper role of detailed scrutiny of this complex legislation and looked at this Bill with diligence. For that, I am grateful, and I repeat my proposal in the Motion that the Bill do now pass.

Bill passed and returned to the Commons with amendments.