European Union Bill

Neil Carmichael Excerpts

Tuesday 7th December 2010 Commons Chamber

[Mike Gapes]

The Government are hiding behind the words in the Wright Committee’s report. The reality is that if the Government wished to, and they thought that it was sufficiently important, we could have a debate in Government time on the Floor of the House, as we have always done, on the matters to be discussed in 10 days’ time at the European Council meeting, which comes at a crucial time for the future of this country and the EU. The issues range from the crises in Greece and Ireland, to climate change and the Cancun meeting, and what is happening with regard to China and its role in the world. Not least is what will happen over the coming decades with regard to migration policy and the impact that global changes will have on the people of north Africa and elsewhere who might wish to migrate to the EU. Those are the issues that we should be discussing.

We have had a lot of comments recently about Russia, although I will not depart from the subject of debate today. Frankly, the relationship between the EU and Russia is a complete shambles. There is no agreed approach on energy policy or on how we deal with human rights abuses and the suppression of democratic opposition in Russia. Why do we not have a debate about the role of the EU there? These are the vital questions, but instead of discussing them we are hiding behind the minutiae of a proposal, which if it is implemented will, as the hon. Member for Stone pointed out, put power not in the hands of a sovereign Parliament and Members of Parliament—elected representatives—but more and more in the hands of the judges and the judicial authorities, who will increasingly interfere in a political way. They will make the decisions about what matters are to be decided, not the elected people who represent the people of this country.

That is a fundamental matter, yet the Government are slipping this measure through, so that, with all the proposals in schedule 1, clause 18 and elsewhere, we will end up with the judicial system, not the political system, determining how this country is run. That is a fundamental decision—a fundamental matter—yet it has been slipped into the Bill as though it were a safeguard against the European Union taking away sovereignty. Actually, the proposal gives more power to the judges and to the legal system to take away parliamentary sovereignty. That is nothing to do with the European Union; Ministers themselves have determined those matters.

[Neil Carmichael (Stroud) (Con)]

Listening to the debate so far, I think that we might need a referendum to decide whether we need a referendum. As we are looking at the role of the judiciary and its capacity to make decisions, however, does that not underline the sovereignty of this country? Our judiciary makes those decisions.

[Mike Gapes]

I am not so sure that I want our judges making political decisions. Political decisions should be made by elected politicians, because after all we can be removed and our electors can throw us out. The judges cannot be elected, unless the hon. Gentleman wants us to adopt—God help us—the American system, and we should not do that.

The Minister, in his recent written statement, said:

“The common law is already clear…Parliament is sovereign.”—[Official Report, 11 October 2010; Vol. 516, c. 4WS.]

He went on to say that the Bill’s provisions do not alter the existing relationship of EU law and UK law. In which case, why do we need the Bill? If Parliament is sovereign, as he states, why have the Government come up with the proposals before us? The Bill is a fig leaf. It is a political tactic to give the impression that the Government are fulfilling the Conservatives’ obligation, in their manifesto commitment, to their Eurosceptics on a possible referendum—but not on the issue on which the hon. Member for Harwich and North Essex wishes to have a referendum; it is to be on other issues.

The Bill is an absurdity. It is a bad Bill, which leaves open the potential for legal challenges and judicial reviews, takes away power from Parliament and gives it to the judiciary, and does not change the relationship, as the Minister says, between existing UK law and the European Union. Therefore, why do we need it? It is a disgrace, and it should be rejected.