Subsidiarity and Proportionality

Debate between Pat McFadden and Jacob Rees-Mogg

Monday 7th December 2015 General Committees

[Mr Rees-Mogg]

I am very sympathetic with the point that the right hon. Member for Wolverhampton South East makes that this might be the wrong issue to discuss, and that the real issue is how the nations of Europe can co-operate together. My answer is that they should do so through the nation state, because the nation state has validity and the European Commission does not. What we discover in today’s debate is that it is actually all about the validity of the European Commission, and that national Parliaments will be given a bauble here and a bauble there. They will be given a red card, a yellow card and a green card—they will have a three-card trick. They will have a whole deck of cards, but they will not be able to do anything with it because everything goes off to the European Commission, which may—if it is feeling benign—condescend to listen to the national Parliaments.

The Commission may take the Parliaments into account, and it may make proposals. How enormously generous. How thoughtful of somebody unelected, who was appointed against the will of the British Government, who has no mandate and who represents one of the smallest countries in the European Union. It is going to be up to Mr Juncker whether he listens to the German Parliament, the British Parliament or the French Parliament, all of which were elected by millions of people across Europe. One grand panjandrum in Brussels will decide whether he will take any notice of those cards at all.

The Government are great in their way—they push back a bit and say, “Oh, well, we’ve got a backbone, so therefore we’ll be tough and stand up to this. We’re going to put Britain first, the United Kingdom first, and make sure that we have our way.”

[Mr McFadden]

I appreciate the hon. Gentleman’s strength of view, but he is in danger of forgetting the existence of the Council of Ministers, on which sit the elected representatives of all of us—the Prime Ministers and Presidents.

[Mr Rees-Mogg]

The right hon. Gentleman is right. The Council of Ministers used to operate by unanimity, so our interests could be protected. At the heart of this is the question of who has the right to initiate legislation, because that is where the real democratic deficit is located; it is not the Council of Ministers but the unelected Commission that does that. That is a most extraordinary power. When one considers the power of this House, one sees that our right to initiate money Bills dates to 1407, and the power of this House grew because of that right of initiation and that right to control finances, which leads to control of the legislative programme.

The Commission’s right of initiation is central to its authority, and how sensitive was the Minister on its behalf when I said that this green card might interfere with that noble right of the Commission to initiate legislation—“No, that could not happen at all. It would upset the Commission too greatly, and the European Parliament might be a bit jealous.” The European Parliament is a body that has modest democratic legitimacy. A few people occasionally vote, but no one feels that it is their Parliament. People occasionally turn out to vote when they have to vote for something else. Even a police commissioner is more exciting to vote for than the European Parliament—well, not by very much, although it is a little more exciting. The democratic deficit is addressed not by the European Parliament, but by national Parliaments that represent individual citizens.

To return to the right hon. Gentleman’s excellent point about how Europe addresses such problems, it addresses such problems if it has validity, and it has validity if it is based on democracy. The European Union is facing problems at the moment because it has become so remote from that democracy. The President of Portugal is saying that a new Government cannot come in because that might upset the European Union, even when, in a coalition, the Portuguese Government have more support than any other nation. [Interruption.] We are saved by the bell.

Iran: Nuclear Issues

Debate between Pat McFadden and Jacob Rees-Mogg

Tuesday 24th November 2015 Commons Chamber

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The nuclear deal that was agreed in July between the E3+3 and Iran was the culmination of many years of intense diplomatic efforts. At its heart is a simple concept, but it nevertheless took a huge amount of work to reach a robust and verifiable agreement. The simple concept is that Iran will desist from its efforts to develop a nuclear weapon in exchange for the lifting of sanctions that have had a major impact on its economy over many years.

I pay tribute to the efforts of all those involved in those intense diplomatic efforts, and particularly Baroness Ashton of Upholland who played such an important role during her five years as the EU’s High Representative for foreign affairs, and Jack Straw who was important in getting the process started and who remained an unstinting supporter of it during the last Parliament. Such diplomacy is not easy. Trust was in short supply, for understandable reasons, and there were—and remain—many who said that the deal could not work. Agreement is one thing, but its implementation matters even more.

The European Union played an important co-ordinating role in the talks, and all parties have testified to the value and importance of that role. The agreement is a good example of what can be achieved when the UK works with others and uses the EU to increase its leverage when patient but determined diplomacy is used. There must have been many times when it all seemed too difficult, but the thing that concentrated the minds of negotiators—this should also give pause for thought to critics of the deal—was the consequence of having no deal or of allowing negotiations to fail. What would that have meant for nuclear proliferation? What would it have meant for the middle east or for other situations—such as those now at the forefront of our minds—in which Iran is involved, if we did not have the increase in trust that has come about as a result of this agreement? That does not mean that all our issues with Iran are over, but the agreement has helped to build trust. If it is implemented properly, that trust will increase.

This debate focuses on how the sanctions regime is to be lifted, and on the snapback mechanism incorporated into the deal should it be judged that Iran is not implementing its commitments properly. The lifting of sanctions is linked to the implementation of the agreement, and that must be verified by the IAEA. A positive report by that agency will trigger the lifting of sanctions. The Deputy for Legal and International Affairs at Iran’s Ministry of Foreign Affairs, Mr Abbas Araghchi, told reporters in Vienna in the last couple of days that he expects the deal to be implemented in January next year. That follows approval of the deal by the Iranian Parliament last month. We welcome that aim. It shows momentum behind the agreement, although it will, of course, be important that the claim of implementation is properly tested and verified by the IAEA.

The European Union has already begun preparing for the lifting of sanctions. Last month the EU High Representative, Ms Mogherini, said that the EU had

“adopted the legislative framework for the lifting of all nuclear-related economic and financial sanctions”.

That decision will, of course, only take effect when the agreement is implemented. The Government, in keeping to this timetable, exercised an override of the normal scrutiny procedures on some of the measures. That is never ideal, but in the circumstances, given the combined international efforts to get the deal implemented, I believe it is understandable. For our part—the Minister put the question to me—we remain supporters of the agreement as long as it is fully and properly implemented, and as long as the IAEA is given full and proper access to all the facilities it needs to inspect to satisfy the international community that both the spirit and the letter of the agreement are being adhered to.

[Mr Rees-Mogg]

The European Scrutiny Committee did not object to the scrutiny override in these circumstances. Its objection has been to the delay in scheduling this debate, which was asked for in September. Here we are in November and we have finally got it. It is the slowness that is the source of complaint.

[Mr McFadden]

I am grateful to the hon. Gentleman. He will know the point he raises is something of a recurring theme in examining these issues. It is good that he clarifies that it is not the override that was objected to. I am glad he agrees with me that, while it is never ideal when dealing with something like this, it is sometimes understandable.

In conclusion, at a time when there are many grave international issues before us, this diplomatic achievement should give us cause for some cautious hope and optimism. I appreciate that some have doubts and some still lack trust in this, but the best way to answer those doubts is to have a full, proper and strictly verified implementation of the deal. If we have that, we can move forward both to progress on non-proliferation and to the building of trust that can be of wider benefit in the region.