Subsidiarity Assessment: Seasonal Workers (EUC Report)

Lord Inglewood Excerpts

Wednesday 20th October 2010 Lords Chamber

[Lord Inglewood]

My Lords, I do not propose to comment on the substance of the Motion. However, I would like to make a few remarks about the process. Like the noble Lord, Lord Roper, I must mention that this is an historic occasion. After all, it is the first time that the House has considered whether it wishes to pass a reasoned opinion. As the effect of a number of reasoned opinions from different member states, when added together, can change the direction of the European legislative process, albeit somewhat tentatively, it is a new form of involvement in the European system of law-making which directly involves parliaments of the member states. It is, of course, in line with the provisions that were brought in under the Lisbon treaty because this House is one of two Chambers of a bicameral parliament of a member state of the Union. Indeed, if I think back to the debate on the Lisbon treaty, there was not agreement about very much but, as I recall, this was one of the few proposals which seemed to command general support.

We are talking about the direct involvement of this House in European law-making. We are not talking about political process; we are not talking about scrutiny; we are not talking about participation in COSAC; and we are not even talking about domestic legislation. We are talking about something very new. It follows that this House is entirely at liberty in these circumstances to take a different view from either the Government of the day or of the other place. They too, in their own way, have their own role in European legislation. As has been explained, it seems that in this instance the Government and this House are more or less at one, both on process and on substance, but that is not necessarily always going to be the case.

As a result, there are two questions I would like to ask the Minister—I hope she has been warned about them. First, what is the Government’s policy towards a draft piece of legislation which they consider to be in breach of the principle of subsidiarity, but of whose substance they approve? Secondly, I would be grateful if the Minister could confirm that, in their view, the primary principle for this House and for another place in considering these matters is to ensure that the constitutional integrity of this country’s relationship with the European Union is maintained.