(9 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I obviously disagree with the idea that it has come about from any grudges. Hon. Members on both sides of this House have asked for this debate to be held, and they are entitled to have a debate held. It is part of the job of the Leader of the House to do what is in the best interests of the House. I believe that the House resolving these issues before the end of the Parliament is in the interests of the House of Commons.
The coalition agreement promised:
“A House Business Committee, to consider government business, will be established by the third year of the Parliament.”
Is the Leader of the House proud that instead of that, his legacy is continued Government control of the bulk of the parliamentary timetable to be exploited for partisan purposes as we see today?
This Parliament has seen the greatest transfer of the parliamentary timetable from outside the Government’s control of any Parliament of modern times, with the establishment of the Backbench Business Committee as well as maintaining Opposition days. There has been historic reform, and I am sure that that trend will continue in the future. This Parliament has also seen the election of Select Committee Chairs by secret ballot, and that is now an important principle in this House. What we are discussing today is in line with that.
(9 years, 8 months ago)
Commons ChamberYes, I think I can reassure my right hon. Friend about that. None of these options involves additional tiers of government and we are very clear in the proposals we are putting forward on local government and decentralisation that this is working with existing authorities, giving them greater power and giving power at the neighbourhood level. So it does not involve adding to the tiers of government, nor is it intended to add to the expense to the taxpayer.
Will the Leader of the House confirm that his policy remains indefinitely to spend £1,600 a year more on each Scottish constituent than our own, and that his party will do nothing about that unfairness?
As the hon. Gentleman will appreciate, this statement is not about the Barnett formula; it is about our constitutional arrangements. The position on the Barnett formula is well known, and as tax-raising powers are devolved to Scotland, of course the Barnett formula becomes less relevant over time, as is well understood.
(10 years, 4 months ago)
Commons ChamberAs I said earlier to my hon. Friend the Member for Congleton (Fiona Bruce), we are very concerned about what has happened, particularly in recent days, in that part of Syria. We do, in any case, raise with Turkey the importance of doing everything possible to stop the flow of foreign fighters into Syria. Given the concern in this House, it is a point we will raise again with the Turkish Government.
Following the Minister for Europe’s visit to Georgia last week, does he now discern a pattern of prosecutorial intimidation of Opposition politicians, and does he share my extreme concern that the highly respected Giga Bokeria was hauled in by prosecutors on Friday?
(10 years, 5 months ago)
Commons ChamberLet me be precise about what I said. I said that the preparation is under way for a third tier of sanctions. The Prime Minister said after the last European Council that we must be ready to pursue far-reaching measures, including in the economic, trade and financial areas. I have also said today that at the Council, which takes place on Thursday and Friday this week, the Prime Minister will argue for the strongest position and range of measures on which agreement can be obtained. That is the position I have set out.
Is it not the case that many senior Russians want to come not to Brussels or to Frankfurt, but to London? Should Britain not consider imposing financial freezing orders or travel restrictions unilaterally, if necessary?
I would in no way rule that out. The measures we agreed yesterday apply in Britain as well as the rest of the European Union, and of course we retain the ability to do what my hon. Friend has said.
As the House knows, we have decided with our G7 partners to suspend preparations for the G8 summit in Sochi this summer.
(11 years, 11 months ago)
Commons ChamberSurely my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) was saying that throughout the history of the European Union every treaty amendment has required an Act of this House, so what we are doing today is no different from what has been done in the past.
Yes, but in the past we did not always have the simplified revision procedure and the provisions of the Lisbon treaty that most Government Members—or rather most of us in the Conservative part of the coalition—opposed when the legislation was passing through this House. Even without this change in scrutiny, there would now be far greater scope for treaty changes without the passage of an Act of Parliament.
That is what has been agreed. I am going to examine, in what my hon. Friend or other hon. Members might find painstaking detail—[Interruption.] Actually, I can see that some of my hon. Friends will not find it painstaking. I will go through this in detail to give full, frank and maximum assurance to my hon. Friend and others.
Not only does the new mechanism, the ESM, which is limited to eurozone countries, supersede the EFSM; crucially, the decision that the Bill approves and which is being ratified by all other EU countries reflects in its recitals, or preamble, an agreement that article 122
“will no longer be needed for such purposes”,
The Heads of State or Government have therefore agreed that it should not be used for such purposes. Therefore, when this decision is ratified, our liability for future euro area financial assistance programmes under the EU budget will be removed. That is a great gain for British taxpayers and, because it fetters the use of article 122, a shift of a power from the European Union to the United Kingdom.
No, I am going to explain quite a bit of this, and then I will give way to my hon. Friend again.
The House will want to know how our contingent liability under the EFSM is being brought to an end and—this was the question asked by my hon. Friend the Member for Bury North (Mr Nuttall)—how sure a protection we have against any future use. First, when eurozone member states agreed to bring forward the introduction of the ESM at the ECOFIN meeting on 23 January this year, the Chancellor won agreement from his fellow Finance Ministers that the EFSM would not make any new commitment as soon as the ESM comes into force, which we expect to happen this autumn when the German ratification process is complete. That is an important political agreement. Secondly, there is the decision that we are approving in the Bill and which all our European partners have agreed to ratify by the end of this year. The fourth recital to the decision reflects the agreement reached in the European Council to close off the future use of the EFSM or any such mechanism under paragraph (2) of article 122. As I have said, we expect every country to have ratified the decision by the end of this year.
Those present who are cynical about the ways of the European Union—and there are such people here; in many respects I share a lot of their cynicism—may ask what would happen if, notwithstanding the decision, the Commission made a proposal to reactivate the EFSM or something like it. First, that would be a breach of a political agreement unanimously reached in the European Council, recorded in the Council conclusions, and reflected in the preamble to a decision unanimously agreed at the European Council and soon, we expect, to be ratified unanimously by all EU countries under their respective constitutional requirements. If, despite all that—this is an extreme hypothesis—the Commission made such a proposal and somehow received a qualified majority, the British Government would of course challenge any such measure before the European Court of Justice, citing the agreement of all EU member states in the European Council and the fourth recital to the decision in support of the argument that any such measure would be in breach of the clear intention of all EU member states and that article 122 would no longer be needed and should not be used for this purpose. Those would be very strong arguments indeed. That is the protection that we have secured against any future obligation to participate in bail-outs, and it is a good one.
Is there not a fundamental inconsistency in the Foreign Secretary’s position? On the one hand, he says that ratifying the European Council decision of 25 March 2011, which amends article 136, will affect only member states in the eurozone and not the UK, and that he therefore does not need a referendum. He then goes on to say, “Ah, look at recital (4) within the decision. That will mean that the mechanism cannot be used to impose costs on the United Kingdom in future.” That is surely a fundamental inconsistency.
No, it is not. The decision relates to a treaty being created for the eurozone countries. In conjunction with that and at the same time, as is reflected in the fourth recital, the Prime Minister secured agreement at the December 2010 European Council that article 122 would not be used. That is absolutely clear. If my hon. Friend wants to argue that we should have a referendum on our not being liable for eurozone bail-outs any more, he can do so, but I will not agree. That is not the kind of thing that we had in mind when we passed the European Union Act 2011; nor would it do any good to the good name of referendums.
I can go over that again. It is that article 122 will no longer be used for eurozone bail-outs. It may be my hon. Friend who faces a Catch-22 here, because he just cannot bear the idea that a Bill that says “European something” on it might be good for the country. This Bill is good for the country. Even those of us, like him and me, who are very sceptical about many aspects of the European Union have to admit that securing an agreement that means that we are no longer liable for eurozone bail-outs and that does not harm the country in any other way is, in the words of our noble Friend Lord Flight in the other place, a “no-brainer” to support. That is why I hope that the House will support the Bill.
No, I will not give way any further. [Interruption.] The right hon. Member for Rotherham (Mr MacShane) will never see me go native on European subjects.
The ESM is being set up under an intergovernmental treaty that was signed on 2 February by the eurozone member states. That treaty is now being ratified by those 17 member states. It will come into force as soon as euro area member states representing 90% of the capital commitments to the fund have ratified the intergovernmental treaty.
The treaty amendment that Parliament is being asked to approve in the Bill does not establish the ESM. Our clear view—this is part of the answer to my hon. Friend the Member for Harwich and North Essex (Mr Jenkin)—is that the treaty amendment is not legally required to set up the ESM. Eurozone member states, in particular Germany, want the legal certainty that the amendment provides, partly because of article 125, which is the no bail-out provision that he talked about. The UK, of course, will not ratify the ESM treaty because it has not signed up to the intergovernmental agreement, is not part of the eurozone and is not going to be part of the eurozone. The intensification of the crisis led eurozone member states to agree to bring forward the introduction of the ESM to this year. Their position has not changed the timing of the ratification.
Members may also be aware that a legal challenge to the validity of the decision amending article 136 is currently being considered by the European Court of Justice. The Irish Supreme Court is seeking a ruling on whether it is valid, whether the ESM treaty is compatible with EU law, and whether eurozone member states can establish the ESM before the article 136 decision enters into force.
We are wholly satisfied that the decision is valid from a legal perspective, but it is absolutely right that the Irish Supreme Court seeks the ruling of the European Court of Justice, particularly because Ireland is a member of the eurozone and a signatory to the ESM treaty. We do not expect the ECJ to find against the decision in any way, but should it find the decision invalid or the ESM incompatible with EU law, there would need to be a new ratification process. A failure to approve the decision would, naturally, have an unfortunate effect on our trading partners in the eurozone by undermining certainty about the legal validity of their firewall, and it would leave unratified the decision, the importance of whose recitals to us I have explained. That would be unfortunate from our point of view.
(12 years, 1 month ago)
Commons ChamberYes, the review will, and I shall welcome my hon. Friend’s contribution to the review—as I welcome his endorsement of this statement. My friend and colleague Guido Westerwelle and I have quite different views on such issues. He has talked about a European army. I do not believe that can ever be contemplated, and I will maintain quite a strong difference of view with some of my colleagues about that.
The latest opinion poll recorded that 48% of people wanted to leave the EU and that only 31% wanted to stay in. The Foreign Secretary is in the minority therefore, but would it not be more sensible for him to take that view at the conclusion of his audit, rather than prejudging it before it starts?
As I have said, hon. Members and political parties will be able to draw their policy conclusions from this review, and they will also, no doubt, take into account events that happen in the meantime. I am stating the policy of the coalition Government and pointing out that that has not changed, but in doing so, I do not prejudge the opinion that anybody could come to at the conclusion of this review.
(13 years, 5 months ago)
Commons ChamberYes, 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.
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?
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.
(13 years, 8 months ago)
Commons ChamberI 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.
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?
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.