25 Mark Reckless debates involving the Foreign, Commonwealth & Development Office

European Union Bill

Mark Reckless Excerpts
Tuesday 8th March 2011

(13 years, 8 months ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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Yes, very much indeed. In fact, there was quite a lot of criticism of the External Action Service from other countries, because so many British people have gone into its senior ranks recently, but the hon. Lady makes an important point, which my right hon. Friend the Minister for Europe and I have been addressing since the new Government took office—that far fewer British people have gone into the European institutions in recent years.

The previous Government ended the European fast stream programme for civil servants, and it has now been started again. We hold events in the Foreign Office for universities, to point out that there are careers in the European institutions, so that in future a bigger intake of people working in those institutions will come from the United Kingdom and understand the culture and issues here. This Government are addressing that point, whereas the Government whom she supported rather dismally failed. I am therefore very grateful to her for raising that issue.

This Bill rightly gives Parliament far more control over decisions that had previously been a matter for Ministers alone or that Parliament had only limited ability to scrutinise and deliberate on. By directing Ministers when a referendum must be held and by setting such conditions in law, the Bill also transfers power directly to the people. I am a passionate supporter of the rights and role of Parliament, but there are issues where it is right that power should be exercised directly by the people.

We can all recall manifesto promises that have been broken, and we all know that new circumstances can arise that are not covered by a manifesto. That was the very thin excuse that the Labour party came up with for not holding a referendum on the Lisbon treaty. Indeed, when voters must exercise their judgment on the whole of a manifesto, crucial questions of who should hold power can be lost in the broader argument. Although in most matters future Governments and Parliament can reverse the decisions of their predecessors, in the case of the European Union that can be very difficult indeed. The British people want the right to decide whether the European Union should be given new powers over areas of policy. They deserve that right, and our democracy will be healthier and the European Union more legitimate if they get it. That is the democratic case for this Bill.

Indeed, the case for the Bill is so strong that the House did not divide on Second Reading, and the Opposition, in their amendment to that Second Reading, accepted the soundness of the principle of referendums on significant constitutional changes. It is good that there is consensus on the extension of our democracy. Unfortunately, the Opposition Front-Bench team also took the position of willing the end but not the means, by proposing a rather nebulous committee to decide whether any treaty change was significant. According to that position, it would be debatable not only whether the preservation of our national veto or the retention of national vetoes over foreign policy were significant enough for a referendum, but whether joining the euro was significant enough for a referendum. That of course became a rather risible argument.

The fact that the Bill sets down in detail the criteria for when a referendum should be held was also objected to, but we make no apology for its detail. It ensures that the referendum lock that the Bill gives the voters is real. The complexity of the European treaties themselves makes any other approach ineffective. The alternative—some kind of broad test of whether there should be a referendum—would create legal uncertainty and leave far too much to ministerial discretion. Our purpose in drafting the Bill was to reduce ministerial discretion to the barest minimum. The answer to the distrust from which the European Union now suffers in this country is not to leave power in the hands of the Government, but to give it to the people.

A third objection was that the Bill will make it harder to negotiate in the EU, or that it sends the wrong signals. I argue, as I just have, that it will make it easier to negotiate in the EU. It is usually best to be wary of vague arguments invoking signals, and that is certainly true in this case. The signal that the Bill sends is that, in future, Britain’s conduct of EU business will be placed on a surer democratic foundation, and that is a good one. The Bill makes it no harder to negotiate, but it does mean that on all kinds of treaty changes the Government must be able to convince Parliament of the merits of their case, and, in the case of treaty changes that transfer power, convince the British people themselves.

That brings me to the fourth objection that I have heard to the Bill—that the referendum lock will make many kinds of desirable changes impossible because the British people will vote them down. That is surely the weakest argument of all—that the British people cannot and should not be trusted, and that arguments for increasing the EU’s powers are so unconvincing that the British people can never be persuaded of them. Although I believe that we have come to the point where the problem is not that the EU has too little say over too few areas of policy but quite the reverse, I say to those who have such concerns, “Have the courage of your convictions.” If a future Government thought it right to abolish national vetoes over foreign policy, for example, let them convince the voters of the merits of doing so. If that cannot be done, that is democracy at work.

The Bill sets out the process for handling any future treaty changes. The coalition Government have made a firm commitment that we will not agree to any transfer of powers from Westminster to Brussels for the duration of this Parliament, but, as experience has shown, voters should not simply have to rely on politicians’ promises on such matters. If Parliament approves the Bill, any future treaty change that transfers powers from Britain to the EU will be agreed to only with the consent of the British people.

Many other matters have been gone over in detail, including important debates on the sovereignty clause, so I will not go through everything again. Some of my hon. Friends were concerned that references to the common law in the explanatory notes implied that the Government were forming a judgment on the origins of parliamentary sovereignty. That is not the case. For the avoidance of doubt, I reiterate that the purpose of clause 18 is to make clear and to put beyond speculation the basis on which directly effective and applicable EU law takes effect in the domestic legal order of the United Kingdom, and to negate the risk that EU law could be held to have an autonomous status independent of the will of Parliament through its Acts.

A number of Government amendments have been made to the Bill in Committee and on Report to ensure that it comprehensively fulfils its overall original intent and that the law on parliamentary ratification of treaties is wholly consistent and coherent. Hon. Members’ detailed consideration of the Bill exposed some areas where improvements could be made, and we are grateful to them for that work. First, the amendments make it absolutely clear that a referendum would be required in all cases before the UK could join the European Public Prosecutor’s Office or extend its powers, whether the decision was taken before or after that office had been set up by other member states or before or after the powers had been extended.

Secondly, the amendments ensure that any proposed treaty change that sought to give up any national veto in respect of the common foreign and security policy provisions in the treaty on the European Union, whether under the ordinary revision procedure, under the simplified revision procedure or through the use of an existing ratchet clause, would require the consent of the British people in a referendum. Thirdly, they ensure, with the passing of the relevant amendment a few moments ago, that Parliament will have to vote in favour of any move from the special legislative procedure to the ordinary legislative procedure in relation to eight articles of the treaty that are already subject to qualified majority voting.

The first Government amendment tabled on the second day in Committee amends clause 5 to ensure that the proposed eurozone treaty change is subject to the full rigours of this Bill for its ratification. That treaty change is due to be agreed later this month. Because the Bill is unlikely to be law by the end of May, we have amended it so that the clock starts ticking for the two-month period for the Government statement upon Royal Assent to the Bill rather than on the day when the treaty change is signed.

Mark Reckless Portrait Mark Reckless (Rochester and Strood) (Con)
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Will the Foreign Secretary use the opportunity of the eurozone’s needing our agreement to its permanent stability pact to require, in return, some repatriation of powers to this country, particularly in limiting the application of the working time directive, which is part of the coalition agreement?

Lord Hague of Richmond Portrait Mr Hague
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The eurozone treaty change is in the interests of the United Kingdom; let us be clear about that. Therefore, no one should think that it is in our interests to block that treaty change as it is currently proposed. Although we are not members of the euro—my position on the euro is very long-held and well known; I hope that we will never be members—its stability is very important for our own economic situation and economic future. It is therefore unlikely to be in our national interest, or to be effective, to try to block the treaty change to put forward the change that my hon. Friend proposes, particularly as other nations could, if necessary, make such changes outside the European treaties to get round such a block. However, he is right to raise concerns about the working time directive—an issue to which we will have to return.

This Bill deals with the most important EU decisions of all—those on treaty change. However, we believe that there is room for further improvement of parliamentary scrutiny and control over EU decisions, and that is particularly true of justice and home affairs opt-in decisions. It had become clear to us, and to many others in this House—my hon. Friend the Member for Hertsmere, in particular, has raised this—that the established system was inadequate. Therefore, two months ago, my hon. Friend the Minister for Europe, with the support of the Home Secretary and the Justice Secretary, announced a package of measures to strengthen parliamentary control so that there will have to be a vote in both Houses before the Government can decide by 2014 whether to opt in en masse to the existing EU criminal justice and policing measures adopted under the former third pillar. There is now also a minimum requirement for a written statement to Parliament on all opt-in decisions on new EU measures in justice and home affairs. In the case of strong parliamentary interest in a proposed decision to opt in, under the Bill there will be a debate and vote in both Houses on the Government’s recommended approach.[Official Report, 18 March 2011, Vol. 525, c. 9MC.]

There are a number of practical issues to resolve, so the Government are committed to consulting the business managers, the European Scrutiny Committee in the Commons, the Lords European Union Committee and the Justice and Home Affairs Committees on how these arrangements will work in practice, including the criteria for when a debate should be held in Government time and how we deal with periods of recess. Discussions on these issues are continuing, and we will report on their conclusions in due course. We are also committed to enhancing parliamentary scrutiny of other EU issues beyond the area of justice and home affairs, and the Minister for Europe has already been in contact with my hon. Friend the Member for Stone and the Chairman of the Lords EU Committee to take this work forward.

This Bill is not a panacea for all the problems of the European Union, but it does deal with the biggest challenge that it poses to our democracy: that its development should be linked to popular consent. The Bill does not just provide a referendum lock on any future treaty change that transfers powers: it provides a framework for greater parliamentary control over many important decisions, including those which need to be taken shortly to help deal with the eurozone crisis. It lays down that the transfer of power or competence cannot be agreed by a British Government without first obtaining the consent of the British people. It is a major change that strengthens our democracy by giving new powers to Parliament and voters. As such, it can and should be welcomed by everyone, whatever their view of the European Union, and I therefore hope that this House will give it its Third Reading tonight.

European Union Bill

Mark Reckless Excerpts
Tuesday 1st February 2011

(13 years, 9 months ago)

Commons Chamber
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Peter Bone Portrait Mr Bone
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Yes, and I will turn briefly to that point later, if I may.

I wish to turn to the Conservative position—having been helpful to the Liberals, I now want to be helpful to the Conservatives. At the European elections, the Conservative party pledged a referendum. In fact, it was so keen to get the message across that it produced car stickers to support it. They were about a foot long, in Tory blue and had a picture of a loud hailer. In huge, bold letters, they said, “Give us a referendum.” For the convenience of the Committee, I have removed mine from the back of my car, where it has remained since the last European elections, and I have it with me for the Committee to see. [Interruption.] Members apply to a higher authority; I wish that I could invoke it to get the Government to accept the new clause.

Surely, then, my new clause 11 is not a Tory new clause or a Liberal new clause. It is a coalition new clause, and it should unite all Members on the Government side of the House.

To respond to the hon. Member for South Antrim (Dr McCrea), there is only one reason not to support the new clause, which is the fear of the outcome of a referendum. Is that a reason not to let the people of Britain have a choice? An in/out referendum would be a momentous occasion. It would finally put an end to the debate about whether the British people want to be in the EU. Whether the people voted to stay in the EU or to withdraw from it, at least they would have a choice. It would also allow Euro-enthusiasts and Eurosceptics to unite in allowing the British people to have the final say.

In my opinion, most of the public want a chance to vote on whether we are in or out of the European Union, and the new clause would give them such a chance. If it were law, it would prevent a future Government from supporting a transfer of powers to the EU. It would also give us, or whoever was in power, a very strong bargaining position with the EU in relation to a possible transfer of powers. Any future Government who tried to transfer powers to the EU without the safeguard of an in/out referendum would be in most serious difficulties.

When there are job cuts, tax increases and spending cuts, which I believe have all been essential to cut the deficit, how can it be right that in the last five years of the Labour Government our net contribution to the EU was £19.8 billion, while in the next five years, under the coalition Government, it will be £41 billion? With drastic cuts at home and vast spending in the EU, I think that enough is enough and that we should come out of the EU. However, what I think is totally irrelevant. It is what the British people think that matters. It is time for an in/out referendum on the European Union.

Mark Reckless Portrait Mark Reckless (Rochester and Strood) (Con)
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My hon. Friend the Member for Wellingborough (Mr Bone) has performed a significant service for us today, because I believe this is the first time since the 1970s that we have had a discussion here about whether the British people should be allowed to decide how they are governed.

I believe that we should be an independent country, trading with Europe but governing ourselves. More than that, however, I believe that it is up to the British people to decide how they are governed. Do they prefer to be governed, and have their laws made, by this House, so that they can throw out the people involved if they do not like how those laws are made, or by a qualified majority including 26 other countries? Do they prefer to have those countries decide their laws for them, and to pay £10 billion a year for the privilege? That question is subject to conditions in the new clause, but for the first time since the 1970s, that issue of principle is before us for debate.

My hon. Friend the Member for Grantham and Stamford (Nick Boles) put it very well earlier in the Committee stage, when he said that for a long time—since the late 1980s, I think he said—the British people had had a settled view about the European Union. They thought, “This far but no further.” Yet there is a logical inconsistency in that position, because the process began in the late ’80s by which we had the Single European Act, then the Maastricht treaty, then the treaty of Amsterdam, then the treaty of Nice, then the proposed European constitution that the Labour Government then re-described as the treaty of Lisbon. Each and every one of those treaties has given more and more power to the EU.

I believe it is true that by the late ’80s or early ’90s the settled view of the British people was that we had gone quite far enough and that they did not want to go any further, yet they keep on being dragged further and further. One reason why there is a growing detachment between the people and politicians, of which I would say the expenses issue was a mere symptom, is that year after year the British people hear their politicians—particularly those on the Conservative Benches—tell them that they are Eurosceptics. Those politicians say, “We don’t support all these transfers of power to Europe. We want to get power back, and we want more power here in Britain.” They tell people that we can be in Europe but not run by Europe, and they suggest that Europe is coming round to our way, that the British agenda is winning and that there is compromise. The truth, however, is that the House and the country want only to decide whether or not to be part of what is happening. New clause 11 gives us a chance to vote on that, subject to conditions.

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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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The people of the UK are well renowned for their freedom of speech and liberty. Does the hon. Gentleman agree that a referendum would allow them to express themselves more adequately and correctly? A referendum of all in the UK would provide a marker for the House.

Mark Reckless Portrait Mark Reckless
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Indeed. I support giving a referendum to all in the UK. That is how we should decide our future. I could not agree more with the hon. Gentleman. That principle is why I support new clause 11.

There is also a political issue at stake. We have heard some description of the Liberal Democrats’ position and the in/out referendum they demanded. Indeed, I believe that the Under-Secretary of State for Business, Innovation and Skills, the hon. Member for Kingston and Surbiton (Mr Davey), felt so strongly that we should have an opportunity to vote in an in/out referendum that he was suspended from the Chamber for a day. As far as I can tell, that is still the Liberal Democrat position.

The Conservative position is that the Lisbon treaty should have gone to a referendum. When the treaty was pushed through the House and we were not allowed that referendum, we had to consider our position.

James Clappison Portrait Mr Clappison
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As somebody who took part in the Lisbon treaty debates, I am slightly surprised to hear of the Liberal Democrats’ current position. They have an honourable position on Europe—they are in favour—but they would now like a referendum on a substantial transfer of power to Europe. They wanted an in/out referendum on the Lisbon treaty, but voted in favour of the treaty.

Mark Reckless Portrait Mark Reckless
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My hon. Friend is correct, but the key point is that we can still have the referendum that the Liberal Democrats wanted. The Conservatives cannot go back to the pre-Lisbon EU position because the founding treaties have changed. We have the Lisbon treaty, but we could still decide to hold an in/out referendum.

Mark Reckless Portrait Mark Reckless
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The in/out referendum is still an option, and I would hope the hon. Gentleman still supports it.

Martin Horwood Portrait Martin Horwood
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It is no surprise that the Liberal Democrats voted for the Lisbon treaty—we were in favour of it. Is the hon. Gentleman arguing against the logic of the Bill? Under new clause 11 there would be an in/out referendum when a transfer of power happens, but the Bill proposes specific referendums on those transfers of power. There is absolutely no logic to having an in/out referendum after a transfer of power is defeated in a referendum, because no transfer of power will have taken place.

Mark Reckless Portrait Mark Reckless
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I am saying that the principle of an in/out referendum is important. The Liberal Democrat position, as I understand it, is that the British people should decide whether we stay in the EU with Lisbon, or whether we leave. Let us have that referendum.

The most important point in respect of the Bill is that Ministers seem not to have noticed that the world has moved on. A Bill that would have been perfectly satisfactory in 1992 at the time of Maastricht is now, after 19 years of further transfers of powers to the EU, utterly inadequate for its task. My constituents are not especially concerned about referendums on technical transfers of power five or six years—at the earliest—down the road; they want to vote on our membership of the EU, and they want to do so now.

Ministers have made a serious mistake in thinking that the Bill will somehow buy off dissent, or that my constituents will believe it really changes the EU situation. My constituents believe that the transfer of powers to the EU has already gone much too far. The only thing that can deal with that situation is an in/out vote, so that we can re-establish our independence as a nation.

I am more surprised about the political error that Ministers are making in thinking that the Bill is sufficient. They do not consider what they leave themselves open to if the right hon. Member for Doncaster North (Edward Miliband) flips position, as I believe he might. We have debated the Liberal Democrats’ position, but Conservatives cannot assume that we will always be on the popular side of the argument relative to the pro-European Labour party. There are very few Labour Members in the Chamber, but what defines the Labour party in respect of Europe is not that it is pro-European but that it does not feel that strongly about Europe relative to other issues.

My friend over the water whom I mentioned says that there is a first rule of politics. He says that, essentially, all parties in government are pro-European, and only Opposition parties become genuinely Eurosceptic. What will happen if in two or three years, the right hon. Member for Doncaster North flips position and says, “The Labour party is pro-European and we want to put that case, but it is for the British people to decide.” Where will that leave the Conservatives? Will the Minister accept that the principle of the in/out referendum is now overpowering? Will he allow the British people their choice?

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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New clause 11 is extremely interesting and worth looking at with care, because it comes out of a mix of genius and anger. The genius of it is that it has succeeded in initiating a debate on the question of an in/out referendum, which is clearly not the purpose of the Bill. I know that deft parliamentary draftsmanship was required to have such a proposal selected for debate, and I am full of admiration for that and for the genius that is generally the attribute of my hon. Friend the Member for Wellingborough (Mr Bone), who is a great parliamentarian. Every time one listens to him, one is inspired by the thought that people care about the powers of this House and of the people who send us here.

The proposal is also, however, the product of anger—a righteous anger that the British people have seen their powers given away, but been denied the opportunity to decide whether that ought to have happened. Whether that was done by the Single European Act, or by the Maastricht, Lisbon, Nice or Amsterdam treaties, does not really matter. The British people were not properly consulted, and many of them are upset about that.

Unfortunately, that combination of genius and anger leads to a proposal that makes no sense, which is why—reluctantly—I oppose it. The difficulties are manifold, but the main problem is that it proposes that one thing leads to another automatically, without any consideration of the first thing. My hon. Friend the Member for Cheltenham (Martin Horwood) made the very obvious point that we cannot have it both ways. Under the new clause, we could decide by referendum not to transfer powers, and then follow that up with a vote to stay in altogether. If we vote to stay in altogether, surely we would be signing up to everything with gusto, but that is the last thing we would want to do if we had recently objected to a treaty that gave more powers to the EU. Therefore, if we vote to stay in, we could contradict a no vote that we had just achieved.

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Philip Hollobone Portrait Mr Hollobone
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That would be very nice, but I do not see the coalition Government repatriating any powers. For many people, it has now come to the issue of whether we are in or out. I do not believe that we can be “In Europe, but not run by Europe”. That slogan is, I am afraid, no longer valid.

I know that many Conservative Members believe that we can reform Europe to make it better, but some of us have reached the point where we simply do not believe that that is achievable. I do not want to spend the rest of my life arguing that we can improve Europe for the better. I believe that Britain’s best chance is to be an independent, sovereign, self-governing nation, with an enterprise economy looking out into the world, free from the restrictions that the European Union imposes upon us.

If Britain left the European Union, that would not mean the end of the European Union. It would still exist, but we would be freed from its shackles. We would be able to look out on the wider world, regain our economic self-confidence, and start to trade properly with superpowers such as China, India, and all the other countries with which we used to have such a wonderful relationship. Membership of the European Union is increasingly holding us back from both our past and our future as an entrepreneurial nation.

Our best hope of securing a decision in this Parliament lies in new clause 11. The new clause tabled by my hon. Friend the Member for Wellingborough may well present us with the only opportunity that we will have in the five years of this coalition Government to decide whether we are to have an in/out referendum. I know that the new clause does not provide a perfect solution, but part of the genius of my hon. Friend is that he has got this far.

Mark Reckless Portrait Mark Reckless
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Does my hon. Friend agree that members of the Labour party are generally in favour of winning elections, and that if there is a strong enough demand from the British people for such a referendum, it is very possible that the right hon. Member for Doncaster North (Edward Miliband) will flip his position on the issue?

Philip Hollobone Portrait Mr Hollobone
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My hon. Friend may well be right.

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Philip Hollobone Portrait Mr Hollobone
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The hon. Gentleman is spot on, but I would go rather further. I do not believe that Her Majesty’s Government, and other Members, are not confident; I think they now know that they would lose. They may not be drenched in e-mails and letters, but many members of our electorate have simply given up. That is why turnouts at general elections are now far lower than they used to be. Powers have drained from the House of Commons and Her Majesty’s Government to Brussels, and people are increasingly asking, “Why bother to elect Members of Parliament at all, given that all the decisions are made over in the EU?”

I believe that if we had a referendum, all those issues would emerge. I believe that most people in the country would be happy if we re-entered some kind of European Free Trade Association. I believe that most of them want a common market—a trading arrangement with European countries. What they do not want is membership of this political club.

Mark Reckless Portrait Mark Reckless
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Would my hon. Friend support a relationship with the EU rather like that of Norway and Switzerland? They sell rather more to the EU than we do, and are also rather richer.

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Baroness Hoey Portrait Kate Hoey
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My hon. Friend is right. I recall vividly that he was instrumental in that.

The same happens with practically every directive. It is all very well saying that the problem is just the officials. They are not elected. Ministers and Members of Parliament are elected. Directives are always gold-plated by civil servants. My hon. Friend remembers how long it took to get the argument across and to get Ministers to understand it and realise that the way the directive was being applied was not sensible. In other areas where directives are implemented, people may not realise that until the last minute or until it is too late. The European Scrutiny Committee is a brilliant Committee with its current Chair and with the hon. Member for Luton North (Kelvin Hopkins) on it, but it can never perform the necessary scrutiny.

I support the new clause, although, as has been said, it is not ideal or what we would really like. It has been a long time since the people of the United Kingdom had the opportunity to say whether they support the direction of the EU and where it is now compared with where it was when I opposed entry into the Common Market. I accepted that the country had decided to support it, but, over the years, what people voted for then has changed, as we all know, and now we need that debate again, not only as to whether the country supports the direction in which the EU has come and where we are now, but where it should go in the future.

I may be wrong, but my guess is that the vast majority of the British people do not like the direction that the EU has taken and the fact that this Parliament and this country have lost control over many areas. As I have said, there is no point blaming one party over the other. Both major political parties have, in their different ways and not always in the way they intended, conspired to stop the real debate. We saw that with the Maastricht treaty and with the Lisbon treaty, on which the Labour party acted disgracefully, having given a commitment to a referendum. Then the Conservatives, who had given a commitment to a referendum managed to get out of it because the decision had been taken. But, as has been pointed out, just because the decision had been taken to sign it, there was no reason why the British people should not have been allowed a referendum immediately afterwards to decide whether they wanted to continue with the agreement that had been ratified.

Even the most avid supporter of the EU, of which there are many on the Labour Benches, would have to accept that when the EU and the Commission do not get what they want in a vote they simply find another way to have another vote, as happened in Ireland. That is why there is no confidence in the EU. I have a lot of respect for the Minister, who, certainly in the past, will have been seen as not necessarily a Eurosceptic but a Eurorealist, or some other term. He may feel that he is doing the right thing, but the reality is that no one in the country trusts any of the politicians in power, of whatever party, on this issue. Something seems to happen to people when they are elected to Government and go to Brussels. They experience some kind of transformation. For some reason, they suddenly become part of it all. In many cases they become more ideological about it than some of the other European countries.

A long time ago, when I was a Minister in the Home Office and went with the then Home Secretary to meetings in Brussels, we would have a clear line about what we were doing on a justice and home affairs position. We would argue passionately. France would argue the other way and other countries would argue differently. Then in the tea breaks or wine breaks, they would ask us why we felt so strongly on a particular matter. They would say that they did not particularly like it, but they would support it, although they did not really intend to implement it. There was a general feeling that it did not really matter to many of those other EU politicians; they were part of it because they wanted to be part of the club and the whole European project. But they knew jolly well that when they went back to their own countries they would do the bit that they wanted. We were the exact opposite. We would fight our corner, but we would then have to give in because the Prime Minister would decide he wanted something else in some other department in Brussels. Not only would we agree, but we would implement the policy zealously.

Mark Reckless Portrait Mark Reckless
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Does the hon. Lady agree that we have this evening seen an honourable exception to that? The right hon. Member for Leicester East (Keith Vaz), who was a Minister for Europe and might have adopted such a position having been there and seen that, said that it is for the British people to decide.

Baroness Hoey Portrait Kate Hoey
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I am sorry that I missed the contribution made by my right hon. Friend the Member for Leicester East when I had to leave the Chamber. We were both in Europe for a short period when my time in the Home Office coincided with his time in the Foreign Office, so I know his views on the matter and I am pleased that he has them.

I genuinely do not understand what we are afraid of, and neither do the public, particularly those who are strongly in favour of a referendum. What is the problem? We can no longer put it down to cost, because we are having this ridiculous referendum on the voting system, which most people are bored silly with—they yawn when it is brought up, even at political party meetings. I accept that it was set out in the coalition agreement, but there is no huge enthusiasm for that referendum, and yet we are spending so much money on it.

A referendum on the European Union would revitalise the political debate within this country. We would enliven things and go back to days of having public meetings. I accept what my hon. Friend the Member for Bassetlaw (John Mann) said about the economic problems the country faces, but I do not think that having a debate on the EU would be a diversion. It would be a way of showing that there are other ways of running this country’s whole economic policy. We would get that debate and get out there among the people, because I know that they feel strongly about it.

I will not speak much longer, other than to say that I have been quite proud—others will laugh—to be associated with the campaign on the in/out referendum run by the Daily Express. As some Members might already have mentioned, yesterday a number of us took 373,000 envelopes, which had been returned from across the country, containing the slips published in the Daily Express asking for an in/out referendum. Those were just the envelopes, so many more were sent via e-mail. I think that we should be proud of the fact that a newspaper has managed to arouse that debate, and I would not care whether it had been done by the Daily Express, the Daily Mail, The Daily Telegraph, The Sun or even the Daily Mirror.

The hon. Member for Aldridge-Brownhills (Mr Shepherd) talked about a growing mood in the country. We can sit here in isolation and ignore that mood, or we can grab it and lift it as an opportunity to get some decency and honesty back into politics. We should get that debate and have a referendum at some stage on whether we are in or out of Europe. I know that the Whips do not want Members to vote for this small new clause, but I say to Government Members that I have opposed my Whips on many occasions and am still alive and still here. To vote for it would send out a little signal that the issue will not go away.

European Union Bill

Mark Reckless Excerpts
Wednesday 26th January 2011

(13 years, 10 months ago)

Commons Chamber
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Chris Bryant Portrait Chris Bryant
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The Bill does make reference to treaty change, and understandably so. I thought that the whole argument that the hon. Gentleman and many others have made over the past three or four years during discussion of the Lisbon treaty and its predecessor was that because a treaty change was involved, there should be a referendum. All I am saying is that if that had been the proposition in France, we would never see an end to that element of treaty change. I would, however, be amazed if the Government make any progress on trying to change the Strasbourg provisions, although perhaps the Minister will be able to enlighten us on that.

Mark Reckless Portrait Mark Reckless (Rochester and Strood) (Con)
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The hon. Gentleman mentions that the dual site of the European Parliament is provided for in the treaties. Surely the key issue is that the coalition agreement says that we are going to deal with this situation. The opportunity to do so is coming up, because the eurozone needs our agreement to a new treaty. In return for our agreement, surely we could demand that the European Parliament move to a single site, thus fulfilling what is in the coalition agreement.

Chris Bryant Portrait Chris Bryant
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That little speech was the definition of “denial”, because there is no prospect of the French volunteering a treaty change on the Strasbourg sittings unless an enormous contribution is to be made from our side, which the Government would be able to deliver only if they were holding a referendum. By forcing referendums here, which means that the Government cannot give anything away, the Bill is making it impossible to win the argument on closing down Strasbourg—I mean the sittings there, not the city.

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Chris Bryant Portrait Chris Bryant
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Absolutely. There are many different things in the European Union—many determined in treaty—that I want to change as a pro-European and as somebody who wants always to defend the British interest. I do not see those two things running counter to each other. My argument in essence is that the Government must have enough freedom to proceed in negotiations, so that they can gain concessions from the other side. If a country has already locked itself down, it is impossible to gain concessions from the other side.

Mark Reckless Portrait Mark Reckless
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rose

Chris Bryant Portrait Chris Bryant
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I will give way to the hon. Gentleman, then to my hon. Friend, and then please release me.

Mark Reckless Portrait Mark Reckless
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I would suggest that the hon. Gentleman has not entirely seen my point. A referendum is only one lever that the UK can use to extract concessions. Our agreement is needed on the new treaty for the eurozone, which is desperately needed to try to put in place a permanent bail-out mechanism. My suggestion and, as I understand it, the commitment in the coalition agreement is that as a coalition we will ensure that the Parliaments move to one site and work to limit the application of the working time directive in the UK. Surely that new treaty gives us an opportunity to do so.

Chris Bryant Portrait Chris Bryant
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No, because one requires treaty change and the other does not. If we have already locked ourselves down by saying that any element of change would have to be submitted to a referendum, when we effectively know that most referendums on many of these issues would be lost in the UK—that is the whole tenor of the argument made by the hon. Gentleman and others on the Government Benches—it will be impossible for us to negotiate with a free hand. In the end, that will be bad for the British interest.

European Union Bill

Mark Reckless Excerpts
Tuesday 11th January 2011

(13 years, 10 months ago)

Commons Chamber
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Lord Beamish Portrait Mr Jones
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If the hon. Gentleman had spoken to me a couple of days after the general election, he would know that my views were very clear—that under no circumstances would I want a union with the Liberal Democrats. Part of me feels sorry for individual Conservative Members as they have to work with a party with which they are not at all comfortable and sacrifice some things that were very dear to them.

Mark Reckless Portrait Mark Reckless (Rochester and Strood) (Con)
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On this side of the House, we work with the Liberal Democrats, and there is one aspect of their manifesto on which my Conservative colleagues—certainly those on the Back Benches—are happy to work, and that is their very clear manifesto commitment to an “in or out” referendum on the EU.

Lord Beamish Portrait Mr Jones
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If there is a referendum, it will be interesting to observe the actions of the coalition. As on many other occasions, it will behave rather like Dr Dolittle’s pushmi-pullyu. Let us be honest: the hon. Gentleman and others are unlikely to agree with the Liberal Democrats on most European issues, given their clear view that nasty foreigners across the water are somehow doing terrible things to this Parliament and this country.

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The Bill discusses holding referendums if there are treaty changes that the Government do not like, but that is a contradiction, because no Government are going to sign a new treaty, then bring it back to the country for a referendum. Government’s responsibility is to negotiate the best deal on a treaty that they can achieve for the country. That is the whole point about the EU—it is an association of nations bound together by a common treaty, and the amendments cannot change that substantial fact. In many areas of national life, the treaty that binds us together in the World Trade Organisation is far more powerful. It can dictate what British goods can be exported, or what Britain has to accept in imports from other countries. That is what the WTO exists to do. It was formerly called, if hon. Members remember, the general agreements on tariffs and trade, and it was a treaty. After 1945, Britain set it up, along with many other treaty-based organisations. There has been much generalised waffle about the common fisheries policy, but an equally important treaty that delineates our territorial waters is the law of the sea, which obliges countries to obey its provisions.
Mark Reckless Portrait Mark Reckless
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On a point of order, Mr Evans. Would it be appropriate for the right hon. Gentleman to address his remarks to the amendment?

Nigel Evans Portrait The First Deputy Chairman of Ways and Means (Mr Nigel Evans)
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I am listening carefully to Mr MacShane, and if he is out of order, I will call him out of order.

European Union Bill

Mark Reckless Excerpts
Tuesday 7th December 2010

(13 years, 11 months ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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I had better make some progress, because I will return to all those subjects in the course of my speech.

The nature of how our society relates to its politics, and the expectation of the British people’s involvement in decisions that affect them, has changed. In the years since 1997, we have had referendums in Scotland, Wales, Greater London and the north-east of England on proposals for devolution of power; in Northern Ireland we have had a referendum on the Belfast agreement; and legislation is before Parliament now to hold a referendum on a change to the parliamentary voting system. Changes that affect the powers exercised on behalf of the people by Parliament have been considered to be important enough to require the endorsement of the people in a referendum.

At the same time, there is a widespread perception that the really important decisions about the EU have been taken without real consideration for the wishes of the people, and much of that is reflected in my hon. Friends’ comments. Many in the House, including me, think that the ratification of the Lisbon treaty, without the promised referendum, was wrong, and it did a great deal of damage. That perception reinforces public alienation from the EU and decisions taken on the EU by Governments, and that is what we now have to put right. Therefore, we in the coalition Government have resolved that we need to rebuild trust and reconnect people and enhance parliamentary control over EU decisions, so, as with our proposals for elected police commissioners, our plans to enable parent groups to establish free schools in their communities and our proposals to hold a referendum on the voting system, we are giving more power from the centre to the citizens of this country.

Mark Reckless Portrait Mark Reckless (Rochester and Strood) (Con)
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The Foreign Secretary speaks of public alienation, but does he recall saying:

“If you believe in an independent Britain, then come with me, and I will give you back your country”?

Does he understand the disappointment felt by so many Members on the Government Benches and in the country about the European journey he has since taken?

Lord Hague of Richmond Portrait Mr Hague
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I remember well saying that. It was a very good speech, and it is recommended reading for all those who have trouble sleeping. It is even in a book somewhere, so I am grateful to my hon. Friend for quoting it. He can rest assured that I would have held a referendum on many things that have happened since then, including on the Lisbon treaty. Indeed, I asked for a referendum on other European treaties that were introduced during that time. However, it is our misfortune when we start in government, whenever we start, to start from where we are, and we start from here—in a coalition Government, meeting the commitments in our coalition agreement. That is what we now have to take on.

As hon. Members who were present for the Lisbon treaty debates might remember, there are now essentially two ways in which treaty change can be agreed by the Governments of member states: the ordinary revision procedure, under which any amendment to the treaties must be agreed unanimously by member states, and, following the Lisbon treaty, the simplified revision procedure, under which the European Council can decide to amend those parts of EU treaties devoted to internal policies, such as the single market and justice and home affairs.

Under our current law, any change under the simplified procedure, defined in this Bill as an “Article 48(6) decision”, would require only a Minister of the Crown to move a motion in both Houses and for both Houses to vote positively to approve the change. It is easy now, and it was easy in 2008 when that provision was debated, to see how that level of parliamentary control for a formal treaty change is grossly inadequate. The Bill therefore ensures that any future amendment to the treaty on the European Union or to the treaty on the functioning of the European Union, under either revision procedure that I have just outlined, will require parliamentary approval by Act of Parliament before the United Kingdom is able to ratify the change.

That is a significant addition to the powers of Parliament to hold Ministers to account for the decisions they take in Brussels. It was an addition that I championed in opposition and one that this Government will now put into statute to ensure that parliamentary control is enhanced further. That is the first thing that the Bill achieves.