European Commission: National Parliaments

Debate between Pat McFadden and John Redwood

Tuesday 10th March 2015 Commons Chamber

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

Last night we debated the similar issue of the Commission’s work programme for this year. The programme expresses commitments to better regulation and to focusing on the big things that the European Union needs to do, and that leads us to the issues of subsidiarity and proportionality. Over the years, there has been much talk in the European Union of subsidiarity—a concept whose origins lie in Catholic social teaching—but few would claim that the EU has abided by the notion that it should act only when it has to, and should otherwise leave things to the Governments of member states.

The Minister gave the example of the agency workers directive. In fact, the CBI reached an agreement with the TUC on that directive, and I think that the record should show their participation in order to present the complete picture.

As the Minister said, we are debating two reports, the one on subsidiarity and the one on relations with national Parliaments. They concern the interaction between the EU and national Parliaments, and, specifically, the use of reasoned opinions on EU proposals when, for instance, Parliaments come together to invoke the yellow card procedure—that is, to ask the Commission to think again about one of its proposals. According to the reports, 621 written opinions, including reasoned opinions, were submitted by national Parliaments in 2013, down slightly from 663 the year before. The most common subjects were the proposal to establish the European Public Prosecutor's Office, regulations covering the manufacture and sale of tobacco products, maritime spatial planning, access to ports, and matters relating to Europol. Opinions from 20 Parliaments were received on the EPPO proposals, of which 13 were reasoned opinions, triggering the yellow card procedure.

The European Scrutiny Committee has understandably voiced its frustration that the triggering of that procedure did not result in the Commission’s either withdrawing the proposal or changing it radically. That has, of course, prompted further debate about a range of different procedures going by the names of differently coloured cards—not just yellow but orange, red and even green cards, which will allow Parliaments to initiate proposals if they so wish. If a system is established whereby national Parliaments are given a voice and can come together to lodge reasoned opinions or objections, it is important that those objections are taken seriously and not simply ignored.

[Mr John Redwood (Wokingham) (Con)]

Let us say that a really important issue to the British people causes them to vote in a new Government who promise to do what they want on it, and then that Government are advised it is against European law. What right should this House have to say, “This is the will of the British people”?

[Mr McFadden]

The procedures we are talking about here are in line with European law. I think what the right hon. Gentleman is driving at is the question of vetoes, and we do not have vetoes. It is important for clarity, as well as the political debate between us, to be clear that these yellow card procedures are not national Parliament vetoes of the kind he may be referring to, and there is a difference between the two.

The objections to the establishment of the European Public Prosecutor’s Office focused on the Commission’s own interpretation of subsidiarity, the comparison between the new proposals and the arrangements already in place and the question of whether this proposal would add value in combating fraud. The House of Lords has issued a report on this matter, and it gave the following verdict:

“We fear that under the Commission’s proposed model an EPPO enjoying exclusive competence for PIF crimes”—

financial fraud in the European Union—

“would be in danger of being overwhelmed by its workload, and its structure would not be sufficiently robust to enable it to monitor its investigations and prosecutions in the Member States. We see a similar problem with the Presidency’s alternative proposal. The evidence we received on the proposed introduction of a collegiate structure into the EPPO overwhelmingly suggests that this would complicate the prosecution of these crimes even further.”

Its reservations about the proposal were clear, and we shared many of them, although for the sake of clarity and completeness I should say that that does not mean that we on the Opposition Benches object to all European involvement in matters of criminal justice. Without rehearsing debates in the House on the European arrest warrant—that may be to the relief of all—we believe that that measure does have a useful role to play in combating crime both here and elsewhere in the EU.

Following all these exchanges and the rejection of the yellow card procedure by the Commission, there have been proposals from a number of Parliaments, including the Dutch and Danish Parliaments as well as our own, for reforms to the yellow card procedure. We welcome the Commission’s willingness, indicated by Mr Juncker, to establish a working group on the role of national Parliaments in the EU, but it is important that that is a serious process and that it takes the suggestions for different reforms seriously. We would also endorse the sentiment in the Government’s response to the reports about the value of Commissioners appearing before national Parliaments to explain and answer questions on the Commission’s actions and policies. We would like to see more of that in the future.

The important point is that, however many opinions are submitted or whatever the architecture of the yellow card procedure, it will be seen to be of little value if it is simply ignored. To refer to the question of the right hon. Member for Wokingham (Mr Redwood), we do not seek to turn the legal basis of the EU on its head or make demands which are incompatible with membership, but we do believe that dialogue between the Commission and national Parliaments must take seriously not only the sum of correspondence over the course of a year but its content.

Commission Work Programme 2015

Debate between Pat McFadden and John Redwood

Monday 9th March 2015 Commons Chamber

[Mr McFadden]

I do not believe that that is what I said. I am interested in the hon. Gentleman’s intervention, because I thought that the issue for him was principally parliamentary sovereignty, rather than the free movement of people. Perhaps he has shifted his position, and I should stand corrected.

The Minister outlined the position on the numbers in the measures. I noted the scepticism with which the right hon. Member for Wokingham (Mr Redwood) greeted the numbers. I do not propose to go over that ground as the Minister has done so, but on the face of it the Commission is proposing a narrower, more focused programme—under 10 headings and 23 specific measures —than it has in the past.

At the top of the Commission’s agenda is something we would all welcome—an emphasis on growth and jobs. In a continent still struggling to recover from the financial crisis, it is right to have such an emphasis and focus on the very high level of youth unemployment, on doing what is right on the big issues, and on less interference in and over-regulation of issues that do not need it.

In his speech in London last week, Mr Timmermans, the vice-president of the Commission, said:

“It is incredibly important that we follow through on limiting the initiatives we take to those areas where EU action is urgent and needed. For too long we worked on the premise of doing things because they were nice to do; I want to work on the premise that we do it because we need to do it, because Member States can’t do it by themselves alone. There needs to be added value of acting on a European scale.”

I very much welcome that emphasis from Commissioner Timmermans, and I hope that it is followed through in reality as well as in the written plan.

[Mr Redwood]

As the right hon. Gentleman is such a fan of all this interference, will he say which of the 23 measures will actually reduce the shocking levels of youth unemployment, which are the curse of Europe thanks to the idiotic policies of this Union?

[Mr McFadden]

I thank the right hon. Gentleman for painting me as a fan of all the measures before I have even spoken about them. One measure that could help to create jobs would be a properly negotiated free trade agreement between the EU and the United States. That has the potential to help our exporters and create jobs.

--- Later in debate ---

[Mr McFadden]

I very much agree with my right hon. Friend. The Italian Foreign Minister told me that of the estimated 270,000 illegal migrants who landed in the EU last year, 170,000 landed in Italy. This cannot be a problem for just one member state, because it is broader than that. I shall be interested to hear the Minister’s views on our Government’s input in dealing with both the consequences and causes of this problem.

Concerns have been raised about what is not in the programme. The Minister wrote to the Chair of the European Scrutiny Committee about the air quality package and the circular economy package. Concerns about that have been raised by Members of the European Parliament as well. A number of Select Committee Chairs have written to the Chair of the European Scrutiny Committee on the matter. It is therefore clear that there is a lot in the work programme that will concern the House.

Before I end, I want to turn to the amendment tabled by the hon. Member for Stone (Sir William Cash) and his colleagues on the European Scrutiny Committee. It asks that the Government ask the Commission to develop policies relating to the free movement of citizens. That is something that the Labour party has put forward, and before Christmas my hon. Friend the Member for Leeds West (Rachel Reeves) produced proposals that related to how free movement interacts with access to benefits and public goods. We would like the Commission to work with member states on that, because access to benefits and public goods is not an issue just for the UK but for other member states. We saw that in the recent European Court judgment on the Dano case, which was initiated in Germany and affected a lady who it was judged did not have the right to access social security benefits. We have an interplay between a founding principle of the European Union and social security systems that are national in nature, and it is right that we discuss work in that area with the Commission.

[Mr Redwood]

When the right hon. Gentleman said that Italy should not be expected to handle the problem of migrants to Italy on its own, is he recommending burden sharing? Is he saying that other member states should take a share of those migrants through a common policy?

[Mr McFadden]

It has already been agreed that Triton will be a European programme and not just an Italian one—the right hon. Gentleman is a little behind the pace if he thinks that is a new departure, because it has already been agreed. The question is about the resources given to the programme and whether it is capable of meeting the task it faces. I remind him of the terrible figure given by my right hon. Friend the Member for Leicester East of the number of people who have drowned in the Mediterranean over the past couple of years.

[Mr Redwood]

rose—

[Mr McFadden]

I have already given way to the right hon. Gentleman.

In conclusion, I believe that this work programme is a step forward from previous ones. It is closer to British priorities and reflects much of what we want to see, although we do not endorse everything in it and some of it does not apply to us. Like all such programmes, it is only a plan on paper and it will remain to be seen whether the Commission delivers as it has promised. It is certainly urgent that it does deliver to meet real and urgent priorities, and ensure that the European Union works in the interests of its citizens over the next five years. Whatever the plan says on paper, that is ultimately how it will be judged.

EU Reform

Debate between Pat McFadden and John Redwood

Tuesday 18th November 2014 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Robertson. I congratulate my near neighbour in the west midlands, the hon. Member for Stone (Sir William Cash), on securing the debate. I also greet the Minister for Europe, the right hon. Member for Aylesbury (Mr Lidington), with whom this is my first proper exchange since I took up this post a few weeks ago, and I thank all the right hon. and hon. Members who have contributed to the debate.

I have found the debate extremely interesting and revealing. It has been revealing to me because it has illustrated the plight of the Minister and the Prime Minister, for which I have some sympathy. As I have listened to the hon. Member for Stone, the right hon. Member for Wokingham (Mr Redwood) and the other hon. Members who have spoken, I have found myself asking what kind of renegotiation by the Prime Minister could possibly satisfy them, other than one leading to Britain’s withdrawal from the European Union. I would be grateful if the Minister addressed himself to that question in summing up. I have sympathy for the Prime Minister in the task that he has set himself, given the yardsticks set for him in this debate by his hon. and dear Friends.

As the hon. Member for Stone said, we had some interesting exchanges yesterday with the Bundestag’s Committee on the Affairs of the European Union, whose members have been visiting the UK this week. This debate is timely in a sense, because both of our countries are major members of the European Union but we look at the European Union through different eyes.

It is sometimes said that for Britain, EU membership is purely transactional. I hesitate to endorse that verdict. I think it is a mistake to ignore the commitment to democracy, equality, human rights and the peaceful resolution of problems that comes with membership. It is an achievement of no small significance that today it is almost inconceivable that two member states of the European Union could go to war with one another. Given what is happening on the fringes of the European Union, it would be wrong for us to dismiss that achievement.

Britain and Germany have different histories, and we look at the issue through different eyes, but there is an aspect of common values to it, as well as a purely transactional one. On a day-to-day basis, as I am sure the Minister will confirm, Britain and Germany have much in common in our approach to the European Union. In ordinary working meetings of the Council of Ministers, British and German Ministers often agree.

Of course, as this debate has rightly outlined, we do not always face the same issues. Germany is a member of the eurozone; indeed, it is the lead guarantor. The UK is not, and is highly unlikely to join the euro, meaning that Germany faces issues, such as banking union and fiscal compacts with other member states, that we in the UK sometimes do not, and we are not part of some of those agreements. We sometimes have a distinct approach to economic and financial issues. Given our rule and the size of the financial sector in the UK, and its global reach relative to the rest of our economy, it is absolutely right that we should reserve the right to take a distinctive approach on some of those issues.

[Mr Redwood]

Does that not mean that we need a new relationship? Does the right hon. Gentleman not see that, according to his logic, we cannot be in the room when a lot of financial matters are discussed because we are not part of the compacts relating to the euro?

[Mr McFadden]

The euro has been in place for some time. During that period, London’s financial strength has if anything grown, not diminished. I would not agree with the right hon. Gentleman if he suggested that being outside the euro somehow meant that we could not play a constructive role within the EU.

[Mr Redwood]

Will the right hon. Gentleman give way?

[Mr McFadden]

I will press on, if the right hon. Gentleman does not mind.

Another issue that has arisen in this debate is the free movement of people, which has been at the heart of discussion in the UK in recent months about our relationship with the EU. I have looked up the figures. Eurostat, for example, calculates that net migration from elsewhere in the EU in 2012 was 230,000 for Germany and 82,000 for the UK. It is important to give some context to the view that everyone from everywhere else in the EU is always migrating to the UK. That is not the case. There are significant migration flows into both Germany and Britain, and it is important to have a debate in both countries about the rules under which EU migration should operate.

The Government have made certain announcements about restricting access to benefits for some EU migrants, and my own party agrees that access to benefits should be conditional. Most EU migrants come to work and not to claim—the recent report by University college London showed that overall, they are net contributors—but of course it is not just an issue of accounting. It is important that we have rules that are seen to be fair, and that operate in fairness to our own citizens as well as to those who come here. Today, in my party, the shadow Home Secretary announced that we believe that an EU migration fund should be established to help local areas that find themselves under particular pressure due to freedom of movement. If freedom of movement is to remain a core principle, it is reasonable for member states to ask for some help from the EU budget to help communities adjust where there are consequences for local areas.

I believe that on this question, Britain and Germany have much in common. I do not believe that Germany wants the rules for access to benefits to be abused; a case came to the European Court of Justice the other day. The Prime Minister has taken us into new territory. He is now talking not just about conditionality for benefits under freedom of movement but about changing the principle of free movement itself. That approach appears to have been rebuffed by Chancellor Merkel, with the Der Spiegel report that she sees it as a red line that she would not cross, and that at that point she would stop her efforts to keep Britain in the European Union. It would be one thing if I thought that the Prime Minister’s shift in strategy had been carefully thought out, but he appears to have crossed the line with little thought for what it will mean for his renegotiation. Can the Minister tell us how many member states have told him that they support reform of the principle of free movement since the Prime Minister made his announcement?

Of course some Back Benchers, and perhaps some Conservative Members in this room, will be pleased by the shift because they may not want the Prime Minister’s renegotiation to succeed. Perhaps glory for them is defined not by a successful renegotiation but by one that fails, leading to UK withdrawal from the EU. I am afraid that there I must part company with the hon. Member for Strangford (Jim Shannon), who said that we might all be united in our view today. It is not a consensus shared by me or my party.

There are major British interests, in terms of jobs, employment rights and investment, in getting it right and in remaining part of the EU. What we are seeing is a governmental strategy, if one can call it that, which is led more by party management and trying to keep happy the party members who agree with the hon. Member for Stone than by our national interests. The danger for the Minister and the Government is that if he and his colleagues keep standing at the edge of the cliff and making demands in order that they will not jump, eventually other member states will stop their efforts to stop them from jumping and say, “Go ahead, and be our guest.”

Financial Services (Banking Reform) Bill

Debate between Pat McFadden and John Redwood

Monday 8th July 2013 Commons Chamber

[Mr Redwood]

Indeed. That point also shows that we need banks to be profitable—particularly RBS, which is still largely state owned. Until the bank is making profits, its capital ratios will not improve quickly enough and it will then not be in a position to lend the money that the Government would like it to. The taxpayer would be grateful if it could be more profitable, because our shares would be worth more, which would be in the general interest.

I conclude by making the same point to the Minister. Yes, I want us to get to stronger banks with tighter ratios, but I want us to get there through growth and growth in bank profits—particularly for HBOS and RBS, in which we have a large state stake and whose results have been disappointing for a number of years. If we can get to that happy position, we can have a bit of growth and some more profitability and then the regulator will have to have a sensible conversation with the banks; it will say that some of the money has to be put into cash and capital so that they are stronger. We will be the better for that.

[Mr McFadden]

I will not detain the Chamber for long; I just want to make a few points.

The argument is really about complexity versus simplicity in how banks are regulated. One of the points that my hon. Friend the Member for Nottingham East (Chris Leslie) is trying to bring out is the inadequacy of the over-complex Basel regulations, which have allowed banks to game the system and say they had hugely different capital ratios on similar classes of assets in different institutions. The truth is that the Basel system is so complex that it does not give confidence about the safety of our banks. That is why this debate about leverage is so important.

In all the debate about ring-fencing, separation and so on, what has perhaps been under-discussed is the fact that not enough attention has been paid to leverage—a basic measure of banks’ safety or resilience against future risks and very important in respect of banks’ ability to absorb losses. One of the features consistently pointed out, both to the Treasury Committee and the Parliamentary Commission on Banking Standards, was that in the run-up to the crisis banks were hugely over-leveraged. That meant that their capacity to absorb and deal with problems when they came was minimal.

Our banks still have very high gearing today. The banks lobby hard on the issue. I counsel caution on the basic trade-off that has been raised about lending and leverage. There are other ways for banks to improve their capital ratios than simply by reducing lending. They could, for example, look at the proportion that they give out in remuneration every year; that could make a difference to their capital ratios. Over the past decade or two, vast amounts of money have been paid out in remuneration that could have improved capital ratios without having any effect at all on lending. Let us not fall for the argument that we can either have banks that lend, or safe banks, but we cannot have both. It would be wrong of us to fall into that false dichotomy. We should aim for banks that are both safe and have the ability to lend.