European Scrutiny Committee Report

Peter Bone Excerpts

Thursday 28th November 2013 Commons Chamber

[Mr William Cash (Stone) (Con)]

I beg to move,

That this House has considered the publication of the Twenty-fourth Report from the European Scrutiny Committee, on Reforming the European Scrutiny System in the House of Commons, HC 109-I.

The European Scrutiny Committee’s unanimous report is the most radical since the passing of the European Communities Act 1972. It raises fundamental questions about the operation of the Act, which are of great significance to the public and the electors, who have to obey the laws made under and by virtue of it, and the scrutiny of the European legislation that flows from it. I propose to make a short statement without interventions in order to set out the basic issues. I will then give way on specific questions as they arise.

Emphasising the supremacy of the Westminster Parliament on behalf of the electors, the Committee makes proposals relating to a veto to be deployed at national level and asks the Government to respond to our conclusion that parallel provision should be made to enable the House of Commons to disapply existing European legislation. We specifically state that

“there should be a mechanism whereby the House of Commons can decide that a particular EU legislative proposal should not apply to the United Kingdom”

and that

“if such a Motion was passed the UK Government would be expected to express opposition to the proposal in the strongest possible terms, including voting against it.”

A further conclusion of the Committee is that parallel provision should be made to enable a decision of the House of Commons to disapply parts of the existing acquis communautaire, the body of European law that exists under the treaties.

The Committee proposes greater involvement in European legislation by departmental Select Committees, as a whole and individually, including the appointment of a Member of Parliament as a specialist reporter on each and every Committee as a means of focusing the Committees on the enormous body of law constantly arising in relation to policy making and law making within their individual purview. We state that there should be permanent chairs and members of newly created European document debate committees that replace the European Standing Committees. We also propose the reintroduction of EU oral questions on the Floor of the House.

We propose that there should be greater accountability of Ministers, specifically in relation to the problems that arise concerning the activities of United Kingdom representatives in Brussels, including their interaction with the Committee of Permanent Representatives who represent the European Union institutions as a whole, because we believe that there is a significant gap in accountability in that context. We also propose measures to improve debates on the Floor of the House.

There is another concern and it relates to the treatment of European matters in the media, particularly television and broadcasting. We note the importance of providing balanced and informed media coverage on the EU in general, and the scrutiny process in particular, and criticise the chairman of the BBC Trust for refusing to give oral evidence to the Committee. For example, this morning the “Today” programme dealt with a whole range of matters of enormous immediate interest, including tobacco packaging and green levies. There is a stack of stuff that comes up continuously, but there was no mention whatsoever of the EU basis on which those matters are dealt with.

With regard to what is going on in the European Union as a whole—the report refers to this—the body under the treaties that represents the national Chairmen of each of the 28 member states with responsibility for European scrutiny meets about once every eight weeks. There has been increasing awareness over the past year, in the light of increasing European integration, demands for political union and so on, of the need for democratic legitimacy in national Parliaments. When the Prime Minister said in his Bloomberg speech, in relation to his fourth principle, that the national Parliaments are the root of our democracy, I am sure that he spoke for the whole of this House. It is vital that our Parliament gives effect to that principle.

[Mr Peter Bone (Wellingborough) (Con)]

My hon. Friend is making a powerful statement. Will he confirm that this was a unanimous and cross-party report? I note that the Leader of the House, the Deputy Leader of the House, the Minister for Europe and the Chief Whip are all here. Can we take that as an indication that they are keen to implement these recommendations at the earliest moment?

[Mr Cash]

I would be extremely interested to know why they would not be interested in supporting the Committee’s proposals, particularly the basis on which they are derived, which is that we are putting our national Parliament at the heart of the process, because that is the basis on which Members of this House are elected by the people we have the honour of representing.