European Union Bill

Lord Richard Excerpts

Tuesday 26th April 2011 Lords Chamber

[Lord Dykes]

I hope the noble Lord will forgive me; he has not been here since the beginning of the debate.

I shall quote from the Lisbon treaty itself. One of the most important clauses of all shows the intrinsic respect for national sovereignty that comes into the treaty as well as the collective obligations and duties that any treaty applies to its members. That is the case in the European Union. It is nothing to be afraid of. One of the most important preambular clauses states:

“Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties”.

The tasks that flow from the treaties include the long list in Clause 4, the Article 48(6) items and others as well. There is nothing to fear from any of the minor extensions that come from there, and any of the significant ones can be referendable if the Government do not say what any Government of this country always say that they will do, which is to veto an unacceptable proposal in the Council of Ministers, meaning that a treaty obligation therefore lapses and is not carried.

The Lords Constitution Committee said on 17 March that most referendum-lock items would never be covered because of policy decisions. That would make some sense, but can we really rely on the Government being able to stand up to their very vocal lobby of Eurosceptics and chauvinistic characters, particularly in the House of Commons, who have got worse and worse, as we have seen in debates in the Commons on this Bill? If they wanted to maintain sanity in a difficult world, Ministers could therefore issue a non-significant decision every few weeks or months. Would that make sense? Indeed, the unique national British referendum requirement could actually be at odds with international law—but I suppose that we would not mind that too much, least of all the antis.

There is a great deal of doublethink and confused thinking here among senior members of the Government, including, I am sad to say, the junior partner—I never thought that I would say that in this House but that is the reality that we have to face—but it is time for the Government to consider these amendments seriously and accept them today.

[Lord Richard]

My Lords, we have had a brisk debate so far, to put it mildly. I want to try to meet an argument that has been put today by two noble Lords opposite about the question of balance. It says that the Bill basically provides a sensible balance between the position that the European Union is not the most popular institution with the great British electorate and what should be done about it. The question of balance is being raised.

Let us just analyse this for two seconds. It applies to Clauses 3 and 4, to Clause 6 and to the schedule. The basis for the so-called balance is that if certain issues arise, the great British public will be reassured because there will have to be a referendum. That is the whole basis of the Bill. Clauses 3 and 4 set out which treaty amendments will require a referendum. I see that under Clause 4(1)(a) to (m) a referendum will be required. Quite how would you frame a question for a referendum on, for example under paragraph (d),

“the conferring on the EU of a new competence shared with the member States”.?

Will you ask, “Are you in favour of this new competence shared with the member states, which the Government have already approved and put to Parliament”? Does that make sense? Is that balanced? Of course not; it is a gross distortion of the whole process.

That is Clause 4—the height of the Bill. Go to Clause 6, which is unbelievable as far as balance is concerned. The Bill gets worse as it goes on but I will just deal with Clause 6, which says:

“The decisions to which subsection (1) applies are … a decision under the provision of Article 31(3) … that permits the adoption of qualified majority voting”.

Look at paragraph (c), which refers to,

“a decision under Article 86(1) … involving participation by the United Kingdom in a European Public Prosecutor’s Office”.

That will demand a referendum. What will we ask? Will we say to the British people, “Are you in favour of the United Kingdom’s participation in a European public prosecutor’s office”? Will it be feasible to have a referendum campaign on that? Will people be lined up on each side of that argument, saying “Yes, I am in favour of a public prosecutor’s office” or “No, I am not in favour of a public prosecutor’s office”? Look at the next one.

[Lord Foulkes of Cumnock]

Will my noble friend give way?

[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.

[Lord Foulkes of Cumnock]

My noble friend illustrates the matter brilliantly in relation to the extension of powers of the public prosecutor’s office and the issue that we are now discussing. I ask him to contemplate this referendum taking place if the two sides of the coalition were on different sides of the argument and the dialogue that might occur between Nick Clegg and George Osborne, to take a random example. Would not the dialogue in that case be far more vitriolic even than the dialogue that is taking place at the moment if they were talking about the public prosecutor’s office?

[Lord Richard]

My Lords, I can promise my noble friend one thing: if such a referendum were to take place, the turnout would be absolutely minimal. I do not understand how in those circumstances anybody could conceivably rely on that result as providing balance vis-à-vis the argument that the European Community is at the moment unpopular and deserves to become more popular.

[Lord Pearson of Rannoch]

My Lords—

[Lord Richard]

With respect, I have given way a great deal. If the noble Lord will let me make progress, I will give way later.

Part 2 of Schedule 1 is even better. There is a whole page of it—35 lines—referring to, for example,

“police co-operation … cross-border operation by competent authorities … harmonisation of indirect taxes … broad guidelines of economic policies … conferral on European Central Bank of specific tasks … measures on working conditions”.

All these issues are there for the purpose of achieving balance, according to the two noble Lords who spoke. Is it conceivable that you can have referenda on any of these issues and properly consult the people of the United Kingdom? You cannot. To pretend that you can is, frankly, dishonest.

[Lord Pearson of Rannoch]

My Lords, I disagree with the noble Lord because I would have thought that it was perfectly possible to hold a referendum on whether we wanted a European public prosecutor’s office or an extension of its powers, and certainly on the indirect taxes that he mentioned. All these subjects are much closer to the British people’s heart than the referendum that we are about to have on the method by which we send people to Parliament, given that those people cannot do much when they get there, as the powers have been passed to Brussels. I would be perfectly happy to run a campaign against the noble Lord and I can tell him that there would be a big turnout and I would win it.

[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.

[Baroness Symons of Vernham Dean]

My Lords, in light of what the noble Baroness, Lady Rawlings, said a few moments ago, I seek a little guidance, before we go any further, about taking these amendments with the clause stand part debate, which will be voted on separately. Will the Minister reply to all these amendments and clause stand part together? It would help those of us who are going to speak on the second group of amendments to know in advance what the Minister is proposing to do.