(11 years, 10 months ago)
Commons ChamberWhile my hon. Friends the Members for North East Somerset (Jacob Rees-Mogg) and for Christchurch are in the House, I can be confident that legislation will be properly scrutinised. Without their services, I cannot always be so confident, and we owe them a great debt of gratitude for the work they do.
My hon. Friend the Member for Christchurch is absolutely right about the Fundamental Rights Agency, and I hope that the Minister will make it clear where the Government stand on this issue. Bizarrely, we face enacting something and, in doing so, supporting a wholly unnecessary agency. It is unnecessary because, as my hon. Friend the Member for Christchurch said, it does the work that the Council of Europe already does. We are already signed up to the European convention on human rights, which is bad enough—if I had my way, we would not be signed up to that—but now it appears that the Government want us to have an EU version of exactly the same thing.
I rise to speak because I am shocked by what the hon. Gentleman has just said. The European convention on human rights came about at the initiative of the British Government in the beginning; it was done to bring people together to find ways of applying common standards across the whole of Europe in order to prevent what had happened leading up to the catastrophe of the second world war. Surely he is not saying that he thinks the UK would have been better off not having taken that initiative and that Europe should remain a place of conflict where people do not agree on what human rights everyone deserves in Europe.
I know that the hon. Gentleman takes a pride in living in the past, and that is fine and dandy, but of course he was talking about what the convention was set up to do in the first place, many years ago, whereas I am talking about the present. I am sure that he did not envisage our having to have ridiculous things such a votes for prisoners as a result of our membership of the European convention on human rights. I do not want to get sidetracked on to something that is not, strictly speaking, dealt with in this group of amendments, Mr Evans. The hon. Gentleman was tempting me down a path that I fear you might have intervened on had I pursued it any further. My point is that whether we are in the convention rightly or wrongly, we are in it and so it is utterly pointless to have the agency trying to mimic what is already being done there.
My second point relates to the agency’s desirability. Even if it was not pointless, it would certainly be undesirable. Let me give hon. Members an example of the types of issues the agency is trying to interfere in. It had a speaker on a panel discussing:
“Guaranteeing access to healthcare for undocumented migrants in Europe”.
We now have a new term—undocumented migrants. I think my constituents know them as illegal immigrants, but in the politically correct-speak of the EU they are undocumented migrants these days. Of course what the agency is trying to do is encourage all these illegal immigrants to access health care in countries such as the UK. My constituents are sick to the back teeth of the national health service being used by illegal immigrants and rather prefer these people to go back to the country that they should be in to access the health care in the country they come from. I hope that the Minister will address the following question: are the Government really using taxpayers’ money to fund an agency within the European Union that is actively encouraging people from within the EU illegally—this discussion was on illegal immigrants—to access this country and use the services provided for people in this country? It would be a ridiculous state of affairs if it was the official policy of Her Majesty’s Government to use taxpayers’ money to fund an agency to give out that kind of advice. If the Government’s policy is that they do not like this particular organisation and do not approve of what is it doing, what on earth are we doing with this Bill? Why are we being encouraged, in effect, to allow taxpayers’ money to be spent this agency?
My right hon. Friend, as ever, is absolutely right. We certainly need no lectures from other countries in the EU about how to protect people’s freedoms; this country has a far better track record than member states of the EU will ever have. I suspect that the Minister will be trying to defend the indefensible, but it is a sad state of affairs when it appears that we in this House are powerless to do anything about these sorts of bureaucracies. We all know what happens with these types of bureaucracies: they grow and grow, and they empire build. They will grow their influence and they will try to do things that they are not supposed to do—things they were not set up to do. They will grow the number of staff and grow their budget, and it appears from what I have heard so far that we are utterly powerless to do anything about it. If the Minister can give me some comfort that we can and will do something about it, fair enough, but it seems to me that either the Government approve of all this nonsense, which would be a terrible state of affairs, or we are powerless to do anything about it, which in my view is equally unacceptable. I look forward to the Minister explaining which it is, but whichever it is, my hon. Friend the Member for Christchurch is right to draw the matter to the attention of the Committee and to pursue his amendment, which I support with gusto.
I rise because I am quite exasperated by speeches of the kind made by the hon. Member for Shipley (Philip Davies). If I really believed that the people of Shipley did not want to have human rights and participation in a convention that tries to guarantee for people across the wider Europe the same human rights that we—as he said, proudly—think we have in our own country, I would be shocked, but I believe that the people of Shipley deserve better. They deserve to hear an explanation of what this is about.
As a Member of the Parliamentary Assembly of the Council of Europe, I hear these issues debated at every quarterly session and, I hope, participate with colleagues from both sides of the House to try to point out to many countries that are not in the EU that they are not giving human rights in the right quantity to their citizens, but this is about saying that the EU will have an organisation that will also monitor those things. Some might say, “If you have it in the Council of Europe, why require it in the EU?” The reality is that unless a body has economic and legal might, such as exist in the EU, many decisions, such as those taken by the Council of Europe, do not, I am afraid, carry much weight.
There are thousands of cases against countries in the Council of Europe, which have been found in the Court of Human Rights to be in breach but which are not acted upon by the countries covered by it. There are many cases raised by Conservative Members of countries within the EU where there is a requirement for some muscle to be applied so that people cannot be locked up without trial. One case raised by the hon. Member for North Thanet (Sir Roger Gale), who sadly is not in his place, relates to Malta—our own constituents locked up in other countries.
The point of introducing the change that has been made in the EU is to allow the EU to start to participate in that activity—a role that I believe will be parallel to and supportive of what is happening in the Council of Europe and what is debated in the Parliamentary Assembly of the Council of Europe.
Does the hon. Gentleman appreciate the nonsense of this country being lectured about fundamental rights and human rights by an organisation such as the EU, which has as the initiator of all its legislation an unelected European Commission? Surely one of the most basic rights is being able to elect people who make all the decisions. The EU has not even got that far.
I hope that the people of Shipley are not believing the mythical nonsense that has just been spoken. I have sat on the House’s European Scrutiny Committee since 1998, and the reality is that the European Commission can initiate proposals for legislation, but legislation cannot be agreed in the EU unless it is passed by the European Council, and we are one of 27 countries that take those decisions. A number of people do not like the fact that many of those decisions are now taken by qualified majority voting and there is no veto—I know that the right hon. Member for Wokingham (Mr Redwood) is keen on the return of the veto on everything—but that is the decision that was taken by the House through the Lisbon treaty and, before that, through many other treaties. We have participation in a Council that makes the legislation, not the Commission.