European Union (Approval of Treaty Amendment Decision) Bill [Lords]

Debate between Nigel Evans and James Clappison

Monday 10th September 2012 Commons Chamber

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

We now move to clause 2, amendment 1, for which Mr MacShane has already whetted our appetite.

Clause 2

Extent, commencement and short title

[Mr Clappison]

I beg to move amendment 1, page 1, line 14, leave out subsection (2) and insert—

‘(2) This Act shall not come into force until the day after the Secretary of State has laid an order certifying that the constitutional requirements of all the member states of the EU have been complied with and all the related legal challenges have been disposed of.’.

I am grateful to the right hon. Member for Rotherham (Mr MacShane) for giving the Committee a perhaps unintended trailer of the film, as it were, but I hope to persuade hon. Friends that the film is rather better than his trailer for it. The gist of his argument was: what business is it of ours and how dare we lecture Europe on what it should do? But there is a difference between what he said and the amendment, which is concerned with what Europe has decided and how it takes effect in this country. That is rather a different matter, and I hope that I will persuade the Committee that important questions arise from it.

The amendment, which I do not intend to press to a vote, is designed to probe some of those questions. In the negotiations leading up to the amendment to article 136 of the EU treaty, the Prime Minister secured a good deal for Britain. It was a good deal for reasons I shall explain shortly. I do not want to go into the background of how in May 2010 the country became committed to the European financial stabilisation mechanism, which was different from the European stability mechanism, which we are talking about now, and from the European financial stability facility—there is no shortage of such acronyms and measures. In fact, I asked the House of Commons Library this morning how many attempts the EU had made since 2008 to resolve the euro crisis, but it said that it was difficult to say in the time available because there had been so many and it was so complex. However, it gave me a rough estimate of 17, including the latest one from Mr Draghi—we must hope that the 17th is more successful than the previous 16.

European Union Bill

Debate between Nigel Evans and James Clappison

Wednesday 26th January 2011 Commons Chamber

[Mr Clappison]

I beg to move amendment 14, page 7, line 33, leave out from first ‘of’ to end of line 44 and insert

‘any existing or proposed measure under Title V of Part 3 of TFEU.’.

[The First Deputy Chairman]

With this it will be convenient to discuss the following:

Amendment 27, page 7, line 33, leave out from ‘measure’ to end of line 44 and insert

‘presented to the Council pursuant to Title V of Part 3 of TFEU, apart from a notification in relation to a measure that, at the time of the notification, would if adopted extend the powers of Eurojust to include the initiation of criminal investigations.’.

Amendment 99, page 7, leave out lines 34 to 36.

Amendment 98, page 7, leave out lines 37 to 44.

Amendment 47, page 7, line 44, at end insert—

‘(d) the provision of Article 83(2) of TFEU (harmonisation of criminal offences and sanctions) that permits the establishment by directive of minimum rules with regard to the definition of criminal offences and sanctions in an area subject to harmonisation measures by the same ordinary or special legislative procedure as was followed for the adoption of the harmonisation measures in question.’.

Amendment 28, page 8, line 1, at end insert—

‘(3A) Subject to subsection (3B), a Minister of the Crown may not vote in favour of or otherwise support a decision under Article 4 of the Schengen Protocol that would cause the United Kingdom to participate in further provisions of the Schengen acquis, unless a Minister of the Crown has given an oral statement to the Chamber of the House of Commons on Her Majesty’s Government’s intention to support the draft decision.

(3B) Subsection (3A) does not apply to a decision that falls under section 6(4)(k).

(3C) In subsection (3A), “the Schengen Protocol” has the same meaning as that given in section 6(5).’.

Amendment 29, page 8, line 1, at end insert—

‘(3D) A Minister of the Crown may not permit the United Kingdom’s participation in the final adoption of a measure building upon the Schengen acquis unless a Minister of the Crown has given an oral statement to the Chamber of the House of Commons on Her Majesty’s Government’s intention that the United Kingdom will participate in final adoption of the measure.’.

Amendment 30, page 8, line 3, leave out from ‘under’ to end of line 5 and insert

‘any of the following unless the draft decision has been approved by Act of Parliament—

(a) the provision of Article 77(3) of TFEU that permits the adoption of provisions concerning passports, identity cards, residence permits or any other such document;

(b) the provision of Article 81(3) of TFEU that permits the adoption of measures concerning family law with cross-border implications through a special legislative procedure;

(c) the provision of Article 87(3) of TFEU that permits the adoption of measures concerning operational co-operation between the authorities referred to in Article 87 of TFEU;

(d) the provision of Article 89 of TFEU on the operation of certain competent authorities of a member State in the territory of another member State.’.

Amendment 31, page 8, line 7, leave out from ‘measure’ to end of line 16 and insert

‘unless the notification in respect of the measure has been approved by Act of Parliament; but this provision shall not apply to a notification in relation to—

(a) a measure extending the powers of Eurojust to include the initiation of criminal investigations;

(b) a measure adopted under Article 81(3) of TFEU (family law) that determines those aspects of family law with cross-border implications that may be subject to the ordinary legislative procedure;

(c) a measure adopted under Article 82(2)(d) of TFEU (minimum rules on criminal procedure) that identifies a further specific aspect or aspects of criminal procedure to which directives adopted under the ordinary legislative procedure may relate;

(d) a measure adopted under Article 83(1) of TFEU (particularly serious crime with a cross-border dimension) that identifies a further area or areas of crime to which directives adopted under the ordinary legislative procedure may relate.’.

Amendment 34, page 8, line 16, at end add—

‘(7) A Minister of the Crown may not give a notification under Article 3 or 4 of the AFSJ Protocol that the United Kingdom wishes to take part in the adoption and application of a measure, or to accept a measure, to which this subsection applies unless—

(a) the notification is approved by Act of Parliament; and

(b) the referendum condition is met.

(8) The referendum condition is that set out in section 3(2), with references to a decision being read for the purposes of subsection (7) as references to a notification.

(9) Subsection (7) applies to a measure that includes, at the time of notification by a Minister of the Crown under Article 3 or 4 of the AFSJ Protocol, the extension of the powers of Eurojust to include the initiation of criminal investigations.’.

Amendment 35, page 8, line 16, at end add—

‘(7) A Minister of the Crown may not give a notification under Article 4 of the AFSJ Protocol that the United Kingdom wishes to accept a measure to which this subsection applies unless—

(a) the notification is approved by Act of Parliament; and

(b) the referendum condition is met.

(8) The referendum condition is that set out in section 3(2), with references to a decision being read for the purposes of subsection (7) as references to a notification.

(9) Subsection (7) applies to the following—

(a) a measure adopted under Article 81(3) of TFEU (family law) that determines those aspects of family law with cross-border implications that may be subject to the ordinary legislative procedure;

(b) a measure adopted under Article 82(2)(d) of TFEU (minimum rules on criminal procedure) that identifies a futher specific aspect or aspects of criminal procedure to which directives adopted under the ordinary legislative procedure may relate; and

(c) a measure adopted under Article 83(1) of TFEU (particularly serious crime with a cross-border dimension) that identifies a further area or areas of crime to which directives adopted under the ordinary legislative procedure may relate.’.

Amendment 39, page 8, line 16, at end add—

‘(7) In addition to the approval required in accordance with subsection (1) or (4), as the case may be, a Minister of the Crown may not give a notification under Article 3 or 4 of the AFSJ Protocol that the United Kingdom wishes to take part in the adoption and application of a measure, or to accept a measure, to which this subsection applies unless—

(a) the previous decision by virtue of which that measure is proposed or was established has been approved by Act of Parliament; and

(b) the referendum condition in relation to that previous decision has been met.

(8) The referendum condition is that set out in section 3(2), with references to a decision being read for the purposes of subsection (7) as references to a previous decision.

(9) Subsection (7) applies to a measure proposed or established under Article 82(2) or 83(1) of TFEU by virtue of either—

(a) a previous decision, in which the United Kingdom does not participate, adopted under Article 82(2)(d) of TFEU that identifies a further specific aspect or aspects of criminal procedure to which directives adopted under the ordinary legislative procedure may relate;

(b) a previous decision, in which the United Kingdom does not participate, adopted under Article 83(1) of TFEU that identifies a further area or areas of crime to which directives adopted under the ordinary legislative procedure may relate.’.

New clause 5—Approval required in connection with Title V—

‘(1) A Minister of the Crown may not give a notification to which this subsection applies unless Parliamentary approval has been given in accordance with subsection (3).

(2) Subsection (1) applies in relation to a notification under Article 3 of Protocol (No. 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to TEU and TFEU (the “AFSJ Protocol”) and Article 4 of the Protocol integrating the Schengen acquis that the United Kingdom wishes to take part in the adoption and application of any measure proposed under Title V.

(3) Parliamentary approval is given if—

(a) in each House of Parliament a Minister of the Crown moves a motion that the House approves Her Majesty’s Government’s intention to give notification in respect of a specified measure, and

(b) each House agrees to the motion without amendment.

(4) Despite any Parliamentary approval given for the purposes of subsection (1), a Minister may not vote in favour of or otherwise support a decision under a provision falling within Title V unless the draft decision is approved by Act of Parliament.

(5) A Minister of the Crown may not give a notification under Article 4 of the AFSJ Protocol that the United Kingdom wishes to accept a measure unless the notification in respect of the measure has been approved by Act of Parliament.’.

[Mr Clappison]

We come to a new subject area, that of freedom, security and justice, which used to be known as the judicial and home affairs pillar of the EU. As the clause stands, it would require parliamentary approval for a UK decision to opt in to certain provisions in the area of freedom, security and justice. At the moment, as I am sure the Committee knows, the UK enjoys an opt-out in that area. Were a decision to be taken to opt in to one of the matters specified in clause 9, parliamentary approval would therefore be needed.

Three such matters are specified in clause 9(2). Generally, they seem to cover further developments in the field that are not specifically set out in the freedom, security and justice chapter, which is chapter 5 of the treaty of Lisbon. I should say that that is a lengthy chapter containing many matters. I think I can see the Government’s thinking, which is to cover further developments in European law and new ideas in the field of family law, criminal procedure and serious crime. I agree with that thinking, as far as it goes, because it means that opt-ins on those matters will require parliamentary approval.

It should be said straight away that that is an improvement on the current situation, in which there is no requirement for approval of any of the important matters specified in the clause. There will therefore be additional protection, if one wants to look at it that way, and there will certainly be an additional role for the House, which will be required to give its approval before the UK can opt in.

My amendment 14 would take matters further in a logical way, by making any chapter 5 opt-in subject to the same parliamentary approval that is required for the three matters specified in the Bill.