European Union Bill

Lord Pearson of Rannoch Excerpts

Monday 23rd May 2011 Lords Chamber

[Lord Wallace of Saltaire]

Noted.

[Lord Pearson of Rannoch]

My Lords, the question of whether this clause should stand part of the Bill gives us an opportunity to keep up to date with the Government’s present intentions regarding Article 3 of Protocol 21 of the Lisbon treaty. Perhaps I may remind the Government of their great leader’s statement made in late 2009:

“We will want to prevent EU judges gaining steadily greater control over our criminal justice system by negotiating an arrangement which would protect it. That will mean limiting the European Court of Justice’s jurisdiction over criminal law”.

That is from the Prime Minister before he became so. The other quote I give the Government in probing this matter is from Mr David Lidington, made on 20 January this year:

“The UK has until 31 May 2014 to choose whether to accept the application of the Commission’s infringement powers and jurisdiction of the ECJ over this body of instruments or to opt out of them entirely, in which case they will cease to apply to the UK on 1 December 2014”.

More importantly—this is what I want to check up on—Mr Lidington went on to say that:

“Parliament should have the right to give its view on a decision of such importance. The Government therefore commit to a vote in both Houses of Parliament before they make a formal decision on whether they wish to opt-out”.

As I understand it, the provision in Protocol 21 allows the Government to opt out entirely from the whole justice and home affairs proceedings in Lisbon. It is true that if they accept an amendment to any of those provisions in the mean time, that provision then stands. Further, if in the mean time they opt in to anything, the 2014 deadline might not apply. I hope that your Lordships will feel it is helpful if the Government bring us up to date on how their decision is moving on opting out of the whole of the JHA provision. The last time I raised the matter was in Oral Questions, when I was told from the Front Bench by the noble Lord, Lord McNally, that this was all very difficult and sensitive and that the Government had not made up their mind. Have they made any progress?

[Lord Triesman]

My Lords, I shall not repeat the speech of the noble Lord, Lord Kerr, because it would have gone by so fast that what I have to say would not register.

We understand that, broadly speaking, the Government have up till now opted in rather than opted out of the arrangements made under this clause. Is there anything that they identify on the horizon which might lead them in the opposite direction to that which they have taken thus far?

[Lord Wallace of Saltaire]

My Lords, I have just spent the weekend in a part of France, the Dordogne, where English seemed to be spoken rather more often than French. I am conscious that the national interest in terms of co-operation in matters of civil and criminal law is a complex area given that there are now nearly 2 million British citizens living in other states of the European Union—in Spain, France, Portugal, Cyprus and elsewhere. I have to say in answer to the noble Lord, Lord Pearson of Rannoch, that we have not yet come to the point where we must take a final decision on opt-in and opt-out. I have say to the noble Lord, Lord Triesman, that Her Majesty's Government have opted in to the majority of measures which have come up since the last election, but perhaps I may quote holy writ, otherwise known as the coalition agreement, which states:

“We will approach forthcoming legislation in the area of criminal justice on a case-by-case basis, with a view to maximising our country’s security, protecting Britain’s civil liberties and preserving the integrity of our criminal justice system”.

That is what we are doing.

Clause 9 deals in particular with the use of three passerelles specific to the area of justice and home affairs. These are in addition to the Government’s recent commitments to enhance current parliamentary scrutiny arrangements on the use of JHA Title V opt-in and Schengen opt-out decisions following the Written Ministerial Statement of my noble friend Lord Howell and that of the Minister for Europe on 20 January this year. As your Lordships' House will be aware, the details are subject to continuing discussions between Parliament and the Government, which is part of our commitment to enhancing parliamentary control over three key EU decisions.

I remind your Lordships that the passerelles are: Article 81(3) of the TFEU, which permits measures concerning family law with cross-border implications to be subject to the ordinary legislative procedure and therefore qualified majority voting; Article 82(2)(d) of the TFEU, which enables the Council to add to the list of criminal law procedures that can be subject to subsequent EU legislation under the ordinary legislative procedure; and Article 83(1) of the TFEU, which allows for additions to the list of criminal offences and sanctions in the areas of serious cross-border crime on which the EU can set minimum standards. These are considered to be sufficiently serious and significant moves for this clause to stand part.

The parliamentary approval process for the three passerelles comprises two stages rather than one. This reflects the operation of our opt-in protocol on the area of freedom, security and justice annexed to the treaties and, more specifically, the arrangements governing our opt-in. It requires two decisions to be taken: first, the initial opt-in to negotiations and, secondly, the adoption of the final negotiated measure. Clause 9 affords Parliament control over both these decisions by requiring a positive vote in both Houses to approve the Government’s proposal to opt in to the negotiation, and then parliamentary approval through primary legislation once the UK has opted into the negotiation and that negotiation is complete.

Having said that, the clause helps to fulfil pledges made in the The Coalition: Our Programme for Government, in that the use of any passerelle clause will be subject to approval through an Act of Parliament and represents an enhanced level of control afforded to Parliament. Having reassured the Committee on that, I hope that it will accept that this clause stand part of the Bill.

[Lord Pearson of Rannoch]

My Lords, will the Minister clarify something? I think he said that the Government are opting into some of these things as we go along. Will those opt-ins eventually be subject to parliamentary approval, or maybe when we come to the end of May 2014 there will not be much left to opt into because it has all been done? In that case, what would be the force of a vote in both Houses of Parliament?

[Lord Wallace of Saltaire]

My Lords, I am sure that the noble Lord reads all the reports that come from the parliamentary scrutiny committees of both Houses, which I assure him follow these questions very closely and which are reported to both Houses.

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[Lord Pearson of Rannoch]

My Lords, I was not going to speak for very long on the amendment, which is in my name as well, until the intervention of the noble and Europhile Lord, Lord Garel-Jones, who informed us that John Major did not say, after the Maastricht negotiations, that he had achieved game, set and match. That is generally accepted and I must ask the noble Lord: if Mr Major did not say that, who did, or is the whole thing just a figment of Eurosceptic imagination?

[Lord Garel-Jones]

I have some advantage over both the noble Lord and the British press: I happened to be there at the time. First, Prime Minister Major never said any such thing. Secondly, if it was said, it was said by a high-ranking civil servant, whose name, for obvious reasons, I will withhold.

[Lord Pearson of Rannoch]

That would be just typical of the Eurocrats.

However, it is true that the Conservatives forced through the Maastricht treaty, so presumably they were quite pleased with it. Some of us resisted it in this House. In his defence, one has to say that Mr Major had discovered the error of his ways by 12 November 1996, when he wrote a letter to M Jacques Santer, who was then, whatever it was called at the time, the boss of the European Commission. The letter shows how Mr Major, and possibly the Conservative Administration at the time, realised how they had been deceived by the cunning and duplicitous octopus in Brussels. His letter is very brief, and I have read it to your Lordships before—in 1998, I think, so it bears repetition now. It reads:

“Dear Jacques,

My intention in agreeing to the Protocol on Social Policy at Maastricht was to ensure that social legislation which placed unnecessary burdens on businesses and damaged competitiveness could not be imposed on the United Kingdom. The other Heads of State and Government also agreed that arrangement, without which there would have been no agreement at all at Maastricht.

However, in its judgement today, the European Court of Justice has ruled that the scope of Article 118a”—

that is, health and safety at work, and things like that—

“is much broader than the United Kingdom envisaged when the article was originally agreed, as part of the Single European Act. This appears to mean that legislation which the United Kingdom had expected would be dealt with under the Protocol can in fact be adopted under Article 118a”.

The following is a good paragraph:

“This is contrary to the clear and express wishes of the United Kingdom Government, and goes directly counter to the spirit of what we agreed at Maastricht. It is unacceptable and must be remedied”.

He then says that he will table amendments and so on to it. His penultimate paragraph says:

“I attach the utmost importance to these amendments and I shall insist that they form part of the outcome of the Intergovernmental Conference. I do not see how new agreements can be reached if earlier agreements are being undermined”.

That was in the run-up to the Amsterdam treaty. The Conservatives then lost the election and the new Labour Government signed up to the Social Chapter anyway, so we have the working week and so on.

That is the full picture behind the noble Lord’s intervention. At least we can see that, by the time he left office, Mr Major had understood the nature of the beast with which he was dealing, although of course when poor Mr Blair came along, he went back to the whole business of being at the heart of Europe—being nice to them and so on. We get everything that we want and that is why we are where we are today.

Finally, the noble Lord, Lord Liddle, said that the reason the French voted against the Giscard constitution was that they wanted a more social Europe. My simple question to him is: why did the Dutch then vote in exactly the same way two days later? I support the amendment.

[Lord Triesman]

My Lords, obviously the past is made up of facts but, as today has illustrated richly, the retelling of history is made up of the view taken by those who look at the facts. Having listened to what has been said in this debate, I have to say that some of the accounts of the facts do very scant justice either to what took place or, indeed, to some other countries. To be told that people were made to vote again and that the referenda were enforced appears to give very little credit whatever to the determination of the peoples of Denmark, Ireland, France or Holland, and I do not see why we should spend our time here insulting them. They were perfectly capable of settling the first propositions put in front of them and they were perfectly capable of assessing the changes. If it is said that, for example, consent was finally achieved in Ireland because of the financial problems that the country was facing—bailed out, it was said, by the straitjacket of the euro—I find that an astonishing bit of history. The banking and liquidity collapse of the country appears to have had no role; the sub-prime derivatives in which the banks of that country were so heavily involved that it had to set up a “bad bank” to deal with the mass of debt that had been accumulated appears to have had no role; and the massive speculative forces in property, finally producing a major financial threat which arose from those kinds of difficulties, also apparently had no role.

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However, there is another point. Given our lack of perfect foresight of future circumstances, there might be a situation where the Government and Parliament might judge that a treaty change previously rejected by the British people was even more necessary and desirable, perhaps because of intervening external or internal events. Flexibility is something that many noble Lords have argued for in Committee: we cannot entirely foretell the future. If both Government and Parliament were then to decide that circumstances had changed enough to warrant asking the people again, Parliament should be able to do this without having to wait for the end of the five-year moratorium. I am happy to repeat that this Government would think it highly unusual and politically costly to suggest rerunning a referendum on the same subject without very good reason. However, for the reasons that I have given, I am not convinced that a fixed-term cooling-off period is the answer. Having people judge such a move at the ballot box surely would be a more effective deterrent. Therefore, I urge noble Lords to withdraw the amendment.

[Lord Pearson of Rannoch]

My Lords, I am not sure that I heard the noble Lord answer a question put by the noble Lord, Lord Stoddart of Swindon. It may be that the noble Lord would prefer to answer it in a debate on Clause 13 stand part. I am happy to do that, provided that we have a brief debate on it. The question was: would the European Commission, Parliament or whatever be allowed to contribute to any referendum in this country, presumably on the side of the continuing advance of the Brussels juggernaut?

[Lord Wallace of Saltaire]

I am happy to answer that now: perhaps it will enable us to avoid having a debate on Clause 13, which is largely technical. The Political Parties, Elections and Referendums Act makes it entirely clear that there are tight controls on the funding of referendums by political parties and other actors, including those outside the European Union. My understanding of the clause is that the European Commission would not be allowed to spend more than £10,000 in the course of a referendum. I hope that that provides the answer that the noble Lord needs. If any further details are required, I will of course write to him. However, I am sure that he is an expert on PPERA and all the details that the Electoral Commission now oversees.

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[Lord Pearson of Rannoch]

My Lords, obviously I do not support this amendment. I do not know whether the noble Lord, Lord Radice, was present in the Chamber on 3 May when, as reported at columns 398 to 400, I thought I made a pretty good fist of destroying the usefulness of the single market. I will not repeat those arguments now, but any student of these matters can look up the case against the single market and why his famous 3 million jobs are not worth much against the 4.5 million jobs which they have through making things and exporting them to clients in this country. I also discussed why we can trade with a market of 350 million people through free trade in the same way as 63 other countries around the world do at the moment, now moving towards 75 countries. There is really no advantage to our membership of the European Union which we could not enjoy through free trade and friendly collaboration. I will not go down that obvious and inviting route.

What I will do is produce some statistics and facts to show that the wicked Murdochite and Desmondite et cetera press is more than balanced by the BBC in this country. It is not as the noble Lord, Lord Lea, suggests. In 2005, thanks to continuous monitoring by the organisation Mediawatch-UK, the BBC was forced to hold its first ever independent inquiry into some of its political coverage, in this case its coverage of the European Union and our relationship with it. The whole of that story can be found on the Global Britain website. That independent inquiry, chaired by the noble Lord, Lord Wilson of Dinton, found unequivocally that the BBC’s coverage of our relationship with the European Union was inadequate and biased. The BBC responded in November 2005 and made one clear promise: to explain to the British people how the institutions of the European Union work, how they interact, and their effect on our British way of life.

I trust that the noble Lord, Lord Radice, agrees with me that it is a great pity that the BBC has never fulfilled that promise. It would be helpful to the debate between us, because obviously we are never going to agree, if the BBC did conduct such an unbiased debate and at least told the British people what they are voting for when they vote for the European Parliament. They do not have a clue what the European Parliament is, or where it fits into the European law-making process, that of laws being proposed in secret by the unelected Commission, negotiated in secret in COREPER and passed in secret in the Council. The people do not know that. I think that if the BBC were to explain all that, Euroscepticism in this country would rise. The noble Lord, Lord Radice, and other noble and Europhile Lords presumably think that public opinion would swing in favour of the European Union.

I have one devastating statistic from the BBC’s coverage. Over the past six years, the “Today” programme has devoted only 0.004 per cent of its coverage to any discussion about withdrawal from the European Union. That figure, which has not been bettered anywhere else in the BBC, has to be set against that of the roughly 25 per cent of the British people who voted for a withdrawalist perspective in the last European elections, and roughly 5 per cent at the last general election. We have a British public who are massively more interested and massively more Eurosceptical than the BBC gives them space for.

Whatever else the noble Lord, Lord Radice, and I do not agree on, surely he would agree that all these matters could be laid to rest not only if the BBC did its stuff, as it should do according to its charter and guidelines, but also if we had a genuinely independent cost-benefit analysis of them. I cannot understand why the Government go on refusing to do that. I hope that we can agree, and I hope that the noble Lord, Lord Radice, will accept that the answer to his amendment is not that it should be seen through, but that there should at least be a genuine economic cost-benefit analysis of our EU membership. We can leave aside the constitutional disaster of EU membership; let us just look at the money.

[Baroness Williams of Crosby]

My Lords, I do not believe that the noble Lord, Lord Radice, was suggesting that there should be a legal obligation on Ministers to say nice things about the European Union. What he was trying to do is to get at long last a more balanced perception of the pros and cons of our membership of the European Union, for which I profoundly commend him.

Of course there are many things wrong with the European Union, as there are with the United Nations, with our special relationship with United States and with many other aspects of international institutions, one recently mentioned being NATO. Nobody argues with that; we live in a world of real politics where it is clear that most institutions have substantial flaws. Nobody denies that the same is true of the European Union.

But what I find so sad is that, for 40 years now, this country has gone on missing opportunity after opportunity to lead and profoundly to influence the European Union because of its obsession with constantly trying to run it down, even when it does things which are obviously in the interests of this country, of the European Union itself and of the world. Neither your Lordships nor I have got time to go back at great length, but such an attitude dates from our refusal to have any part in the Coal and Steel Community of 1951, our refusal to take part in the 1957 treaty of Rome, with our dismissal of the enterprise as being unlikely to succeed, our failure to recognise the astonishing achievement in bringing Spain, Portugal and Greece, all of them dictatorships, into a framework of democracy which has been sustained, undoubtedly with some difficulty, right up to the present time—which is an amazing achievement—and our total lack of interest or great concern with the European Union’s extension eastwards into central Europe, the Baltic states and elsewhere, countries for which the European Union, alongside their membership of NATO, were the guarantees of their future democracy and stability. They still have a long way to go, but they have come a very long way since 1989 when the Soviet Union collapsed.

We turn aside time and again from the fact that the European Union is the single greatest giver of aid to developing countries, exceeding any other country on the same scale such as the United States, China or India. We take very little notice of the tremendous efforts made by the European Union to do something serious about emissions, greenhouse gases and the environment. At the most parochial level, when we look at the cleanness of our beaches and at the fact that the Thames river now has salmon all way up to the Pool of London, we see that that is due directly to European Union directives, though nobody is ever prepared to say it very loudly in this country. I could go on—I shall not—but what I find so sad is that we in this country have failed to give a constructive lead to the European Union and spend almost all our time carping about it. We are right to criticise it—yes—but to carp, to sour and to change and distort the facts in the way that happens in the British press is astonishing and not copied in France, Germany, Spain or most other major countries of the European Union. It is a unique aspect of a certain kind of British moaning about the great opportunities that it has decided not to follow up.

The noble Lord, Lord Radice, spoke about the Murdoch press and Associated Newspapers. Those newspapers do not simply produce balanced and constructive criticism of the European Union; they continually emit a series of distorted statements, falsified facts and false scandals which rarely come home. One should compare them with the one newspaper that I think everybody in this House would recognise does not grind very strong party axes and attempts seriously to devote itself to society and the public good, in providing the nearest thing to truth that can be provided—I refer, to your Lordships’ surprise perhaps, to the Financial Times. The indications, the outlines, the descriptions and the analysis in the Financial Times of what is actually going on in Europe are unique in being genuinely international, genuinely global and genuinely objective in a way that most newspapers do not pretend or even try to be. One reads in that newspaper lots of criticisms and worries about the eurozone and so on, but it provides a picture of what is happening that is far better balanced than that which one gets from most of the other major tabloids or even for that matter, sadly, some of the major broadsheets.

Our future as a country lies in working closely with the European Union. It is not just me who says that; it is people such as President Obama and the leaders of China. Our major neighbour nations recognise that the UK’s future as a serious player on the world stage is very closely linked to the extent to which we can co-operate with our neighbours in Europe. That is very strongly the view of the United States; it has been over several presidencies—I do not doubt that we shall hear anything very different when the present President of the United States comes here on Wednesday. Should we not at least give a moment’s pause for some of our closest friends and best allies when they say to the United Kingdom, “Please, think constructively about what you can contribute to the future, and think about how the Commonwealth and Europe together could create a world of greater peace and greater balance”? Just for once, let us move away from the negative position that we in this country so often take and look at the prospects for our children and grandchildren. Let us notice that they inevitably require us to work, not uncritically, but thoughtfully and constructively, with our European neighbours to make the world a somewhat better place.