(13 years, 1 month ago)
Commons ChamberI am grateful for the opportunity to contribute to the debate, primarily because I have been calling for a debate on this subject for a good few weeks. I suspect that the Minister may have become sick of hearing from me. I thank right hon. and hon. Members who supported me last week in my pitch to the Backbench Business Committee. They clearly recognised the importance of holding such a topical debate at the time of our chairmanship. I also pay tribute to the hon. Member for North Dorset (Mr Walter) for his leadership and his insightful comments. As a new Member of Parliament, I know that he has a great deal of experience of these matters, and I think that all new Members have a lot to learn from him.
I thank the Minister for his opening remarks, and for the written statement that he published yesterday. There is, of course, much to discuss when it comes to our chairmanship and its priorities, and this afternoon is the right time for that discussion.
All Members who have spoken so far have touched on Britain’s strong historic links with the Council of Europe and the drafting of the original European convention on human rights. In view of those historic links, I think that Britain must now play a central role in reforming the COE to ensure that the sovereignty of nation states is respected and the British interest is put first. I say that partly in the context of this week’s debates on European affairs. On Monday we saw exactly what happens when power-hungry supranational institutions simply go too far: the public become somewhat disenfranchised, and the democratic deficit created becomes slightly harder to remedy. The public have a view on that. I think there is a genuine danger that if action is not taken during our chairmanship, the country could find itself sleepwalking down a path towards the stripping away of more of our powers and more important decisions will eventually be taken out of our hands.
No doubt there is unity throughout the House on the need to safeguard rights to a fair trial, respect for family life, protection from slavery, freedom of thought and other great values of which this country and British democracy have been staunch defenders over the years. However, the European system of human rights that is reinforced by the Council of Europe, the European Court of Human Rights and their related institutions lacks accountability and democratic legitimacy.
I believe that central to that problem is the way in which the European Court of Human Rights operates. Over the years, it has effectively become a final court of appeal for those who feel that there are human rights-related grounds that their national courts have wrongly dismissed. I think we all appreciate the importance of that. Recent statistics from the court reveal that in 83% of cases it finds that violation has taken place, contrary to decisions made nationally. The hon. Member for North Dorset mentioned the backlog of cases, and I think there is consensus on the fact that the numbers are alarming. I welcome my hon. Friend’s highly practical suggestion that people should be brought in to read through the paperwork and sort out the situation. While the figures for Britain are better than average, with the Court finding that a violation has taken place in 61% of cases, it is astonishing that in so many cases the Court and its judges rule against judgments made by very able, experienced and qualified judges in the British courts. Moreover, given that section 2 of the Human Rights Act 1998 explicitly binds our courts into the European human rights system so they already give effect to the convention in European case law, it is even more unreasonable for Europe to dismiss so many of the decisions made by our courts.
Politicians will always have their differences with the judiciary and the decisions made by judges, but many of the decisions made in Strasbourg are fundamentally contrary to British values and the British interest. That leads me to question the accountability and legitimacy of the Court.
This situation is made even more challenging to our democracy because no real mechanisms are in place for Parliament to reverse these European Court judgments. Such mechanisms are in place for decisions by domestic courts, however. Earlier this year when the English courts highlighted an anomaly in laws relating to police bail arrangements, Parliament was able to initiate and pass emergency legislation: the Police (Detention and Bail) Act 2011. Just as courts act independently to hold the legislature and the Executive to account, in this case Parliament and the Government were able to hold the judiciary to account. That does not seem to be possible for decisions made in the European Court, however. As has been mentioned, last February the House passed a motion sending a clear message to Europe that it did not believe it was right of the European Court of Human Rights to demand that we scrap our laws and give convicted prisoners the right to vote, yet Europe is still insisting that the judgments of the European Court takes precedence over the laws passed and motions agreed by this Parliament, and is still saying that we must grant prisoners the right to vote.
I have been listening to the hon. Lady expand on her point. I think she has got the matter wrong. When the European Court of Human Rights makes a judgment, it passes it back to the country of origin, which must then make proposals to try to fit in with that judgment. I understand that there is no intention on the part of the Government—supported by the Opposition, I hope—to give up their right in this matter entirely. They are being asked to define in which circumstances it is appropriate for someone to be not only incarcerated but deprived of their right to vote.
I thank the hon. Gentleman for his remarks.
In February we debated the sovereignty and decision making of this House in relation to a particular judgment. By refusing to accept the sovereignty of our Parliament and the democratic decision making of this House, Europe is demonstrating a lack of legitimacy and democratic accountability, which I find astonishing given that the Council of Europe was established precisely to promote democracy. Therefore, in my view, attacking our Parliament and seeking to undermine our democracy is simply counter-productive.
The prisoner votes issue is just one well-known example of the problem—and it is still ongoing. There are other similar Strasbourg decisions, however, such as in the Sufi and Elmi case, where Britain was prevented on human rights grounds from deporting two individuals back to Somalia, despite their being responsible for a very serious spate of crimes, including threats to kill, robbery and dealing in class A drugs. We should bear in mind that such decisions can end up setting a legal precedent, so they can impact on subsequent deportation cases. In the Sufi and Elmi case, human rights were used as an excuse to allow people to remain in Britain.
My hon. Friend is making a number of excellent points. Does she agree that the human rights of violent criminals and terrorists are too often being put ahead of the human rights of law-abiding British subjects? She is right to draw attention to that.
I thank my hon. Friend for making that point so clearly and succinctly. Our chairmanship of the Council of Europe is coming up and this is a big opportunity for us to address, if nothing else, the perception issues and the fact that we need to remain vigilant on these matters to ensure that powers and decision making stay in this country.
In pulling my remarks together, I wish to emphasise to the Minister and the Government that there are issues to be addressed. Britain is signed up to a range of international agreements on human rights-related matters, which are all welcome and important. However, decisions on human rights laws must be brought back home, because having British courts interpreting British laws is a better and more democratic position than having European judges and their officials ignoring our national interest. It is unhelpful and counter-productive for them to be foisting their particular laws on us.
It is time to draw a line in the sand on many of these matters, and to free up our courts, our public bodies and, in particular, Parliament from some of the excessive intrusion and integration on human rights matters that we have seen. I hope that, through the chairmanship of the Council of Europe, the Government will take this opportunity to address these matters, in addition to the areas of priority that the Minister outlined.
(13 years, 1 month ago)
Commons ChamberIt is a pleasure to rise to support the motion tonight. The House will know that I am not a “usual suspect”. Loyalty to the Conservative party runs through my veins, having been a member for 26 years. Those on the Front Bench will know that, when my right hon. Friend the Member for Witney (Mr Cameron) had his problems with grammar schools in 2007, I supported him. I also stood shoulder to shoulder with my right hon. Friend the Member for Richmond (Yorks) (Mr Hague) in 2001 when he was performing his historic role of saving our currency from the single currency that was being foisted on our country. He was traduced, lied about, ridiculed and attacked, and that was just by people in our own party. He was vindicated, however, and we have yet to hear a substantive apology from many of the people who advocated joining the single currency.
It is more in sorrow than in anger that I vote for the motion tonight, because I support the Government and the fantastic work that they are doing on schools reform, on welfare reform and on getting down the appalling deficit left by the previous Labour Government. So I need no lectures on loyalty from some people. I defer to the Foreign Secretary, but I regret the unfortunate rhetoric that he used this morning about parliamentary graffiti. If I may be cynical, I fear that it has been a long road to Damascus from Richmond, Yorkshire, but I hope that I am wrong about that.
I say to my colleagues that we can have a proper, mature debate on the future. This is not like the theological, semi-religious schisms of the 1990s. There is a settled Eurosceptic consensus in our party, and we now need to think about where we are going and how we are going to get there. The motion is helpful. It would have given the Prime Minister the wind behind his back. It is flexible, and it does not seek to fetter discretion. It is most certainly not a “better off out” motion. We could have had a well-informed, reasonable debate between the respective positions.
My hon. Friend is making a powerful, personal statement to the House on his position on the motion. Does he agree that the public want to see less Europe and more Britain, and that the only way to achieve that is through supporting the motion and giving the British public a democratic vote on our future relationship with the EU?
I could not have put it better myself.
Hon. Members have made the point that a person has to be over 54 years of age to have had the opportunity to take part in a plebiscite on our future in Europe. If we can have a referendum on fiscal powers for Wales, on the north-east Assembly, on Scotland, Northern Ireland, Greater London government and other issues, why can we not have one on one of the most important philosophical differences about our approach to the European Union in a whole generation? It is not right.
(13 years, 3 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Dr McCrea. I am grateful to the Speaker for granting me the opportunity to have this debate because, as the Minister for Europe already knows, one of my biggest complaints has been that we do not have enough time in Parliament to debate the EU and its institutions.
I want to cover a wide range of matters specific to various European institutions, those of both the European Union and the Strasbourg-based Council of Europe, because I fundamentally feel that these institutions have grown in power and that, if they are left unchecked, without action by the Government, they will become more and more powerful, with potentially serious consequences for our country. I would like to stress to the Minister the importance of there being more debate on European affairs in the House of Commons, not just on the matters that I will touch on today, but on the broader issues right now within the eurozone, which is the first topic that I want to mention.
There has, of course, been continued speculation about the eurozone, and we have heard a great deal from France and Germany about proposed financial transaction taxes, which, in my view, would have disastrous consequences for the City and its position as a world leader in financial services. There is a clear determination across the eurozone to prop up the euro, irrespective, as we have seen with the Greek bail-outs, of the wider concerns about the ability of other eurozone countries to pay their way. I take the view that we have seen some politically questionable arrangements in relation to bail-outs, regardless of the overall economic consequences, and I am concerned about the exposure of the British taxpayer, which is also somewhat questionable. It is not that surprising that we are now hearing alarm bells in relation to wider talk and discussion of fiscal union: a single regime of taxation and treasury, and unified public borrowing. That is not the solution to the continual problem, and it will, if nothing else, result in the further haemorrhaging of taxpayers’ money to Europe and the further surrender of powers.
What I would really like is for the Minister and the Government to clarify their position on fiscal union, as that could involve a new constitutional settlement with Brussels and could impact on British national sovereignty. British taxpayers must be protected further from any moves towards integration. If any change should come about, we should consider a referendum—we have heard a bit about that topic in the news today—because the British public must have a final say on the course of action that they ultimately look to the Government to take. I would welcome from the Minister a view on the current debate and discussions, and on the proposals that might be emerging in Europe right now. I would like to hear what position the Government might find acceptable or unacceptable, and on what it is that they are prepared to firmly stand up to Europe and question the future direction of travel. It is clear that the European institutions are very focused on closer European union. They are, in my view, using the current eurozone crisis as an opportunity to go for further integration.
Regarding EU directives and their regulatory impact on British business—on businesses in my constituency in particular—the businesses all recognise that we are dealing with the uncompetitive aspect of the EU, which has become a drag upon our economy and upon them individually. I refer specifically to the raft of gold-plated directives that keep coming out of Europe and have a disproportional effect on and an ultimate cost to British businesses, not only affecting jobs in this country but having an overall impact on economic growth. I urge the Minister and the Government to use every opportunity to renegotiate and to repatriate powers to the UK and, where possible, to axe the costly red tape and regulations that are coming out from Europe and affecting, and strangling, British business.
I also look at the advancement of the Europe 2020 strategy and the possible further threats in the form of Europe’s influence on economic, employment and social policies. I again urge the Government and their Ministers to resist all attempts at further competence creep in that area. Both business and the public have become fed up and feel isolated, because of Europe controlling more and more aspects of our lives and our country. Having been denied a referendum on the Lisbon treaty under the previous Government, there is an understandable degree of cynicism and distrust towards the Government—any Government—on this matter.
My views on all matters Europe are well known. If the Government have a sense of conviction and determination to bring an era of transparency and accountability to Europe—we see that more in our domestic policies, and there is a greater case to be made to use Britain’s role to urge Europe to do more of it—we can effectively find ways for the British public to bring powers back to Britain and at the same time engage the British public in the wider debate on matters such as transparency and accountability. If that does not happen, the Government will continue to face this wall of pressure, both from the public and parliamentarians, including me, to hold a referendum on the future of Europe, and on withdrawal from the EU as well. In the years ahead, the Government must pursue the virtues of less Europe and more Britain.
In addition to repatriating powers to Britain, we need an assertive approach to challenging the EU on its budget. The British Government must stand firm in this area, because culturally and institutionally the EU is wedded to an unreformed culture of high budgets. The European Council press release in July said that the EU budget for 2012 was to be trimmed in recognition of the difficult economic circumstances—somewhat an understatement—in many EU countries. What did the so-called trimming result in? It led to an approved increase in the EU budget of more than 2%. The public want the Government to stand up for hard-pressed British taxpayers. How can it be right that we are all financially squeezed here at home while we are bankrolling increased expenditure abroad and footing the bill for what I see as EU propaganda programmes—vanity projects such as EU citizenship programmes?
As part of budget negotiations, I also urge the Government to take a tough stance on defending the UK’s rebate, which is worth £65 billion to British taxpayers, and in particular to stand up against continued attempts by Europe to take what is left of that rebate. The Office for Budget Responsibility has already stated that the UK’s net contribution to the EU will increase to somewhere in the region of £8 billion to £9 billion per year during this Parliament alone. British taxpayers need a commitment from the Government that they will take all necessary action to block any future increases in the budget and to ensure that our rebate is safe.
Another subject that I want to touch on briefly is EU immigration. With the EU set to expand to include Croatia and other Balkan countries, we need stringent immigration controls. I look to the Minister for some assurances, primarily because we have suffered from uncontrolled levels of immigration following the expansion of the EU into eastern Europe. At a time when we need to get Britain working again, we cannot afford to lose more UK jobs to the next generation of European workers.
It is time for Britain to take robust action on the Strasbourg-based Council of Europe and its associated institutions, which include the European Court of Human Rights. From November, the UK will hold the chairmanship of the Council of Europe and in advance of that it is essential that this Parliament gets to debate the UK’s priority. The opportunity for reform must be grasped, as there are plenty of areas in which the UK should focus its attention to protect British sovereignty and the sovereignty of our Parliament, specifically in relation to human rights. Currently the Committee of Ministers, the Commissioner for Human Rights and other officials pass a lot of diktats and impose burdens upon countries, and we have heard a lot about some of the burdens that they would like to impose upon us. Those diktats are used by the European Court of Human Rights to influence judgments but we do not get the debates—they are agreed but the British public do not get to have a say on them.
One issue on which that has effectively happened this year is prisoner votes. The European institutions are thoroughly unaccountable to the British public, yet they exert an outrageous degree of control over this country. While the Government are seeking further delays in introducing legislation on prisoner votes because another test case is being considered by the Court, there is a chance to send a clear message to Europe that this country will not be bullied any more into changing its laws. This Parliament has spoken on prisoner votes, and our view should remain as it was in the debate in February. By doing so, the Government could set a precedent, demonstrate a clear commitment to defending British interests from power-hungry European institutions and provide the effective check on their undemocratic and unaccountable ways for which this country is crying out.
I make a final plea. Ministers must not miss this opportunity to pursue transparency and accountability and to tell Europe to bring its powers back into the hands of the British people, where they belong.
(13 years, 6 months ago)
Commons ChamberI will canter through some topical issues that affect families in the Witham constituency.
First, I bring good news for one Minister. I put on record my thanks to the Minister of State, Department for Transport for listening to the concerns of my constituents and removing the Greater Anglia rail franchise from National Express East Anglia. Its service was appalling. She genuinely listened to my constituents’ concerns and did something about them. With the publication of the McNulty report and the ongoing work on the new long-term franchise arrangements, I make a plea to Ministers to put customer service and value for money first when awarding franchises.
Another issue is the NHS reforms. My constituency has no hospital and it asks for no hospital. However, it has two primary care trusts that have spent a lot of money over the past decade investing in bureaucrats and managers while my constituents have been left high and dry without treatments and access to local health care. That will change with the reforms. I press Ministers to stick with the principles of the Health and Social Care Bill and ensure that real investment can be made at the front line, rather than being spent on management and bureaucracy.
I am sure that all right hon. and hon. Members have had difficulties with planning issues in their constituencies, particularly in relation to Traveller sites. I have endless issues with Traveller sites and planning applications in my constituency. Ministers have had plenty of correspondence with me about this issue. I recognise that there is currently a consultation that relates in particular to Traveller circulars. There are serious concerns on this issue and I hope that Ministers will take representations from Members of Parliament and local communities, perhaps as part of the Localism Bill, and listen to genuine local concerns.
On small businesses, I have spoken tirelessly about the fact that 83% of the jobs in my constituency are in small and medium-sized enterprises. That is a tremendous figure and I would like it to be even higher. One problem with trying to make it higher is that banks are still not lending money to small businesses and enterprise is still being stifled. I make a plea to Ministers to ensure that this matter is given priority so that our wealth creators can get the private sector growing, create more jobs, and get our economy back on track.
My constituents frequently raise the sentencing of offenders and the criminal justice system with me. They are appalled by the waves of soft justice that we have seen in recent years and that it is now almost impossible to lock up criminals. In the view of my constituents, prison is there to punish people, to act as a deterrent and to keep the public safe. I urge the Government to use the opportunity of the sentencing review to restore public confidence by bringing in tougher and longer sentences for criminals to protect the public and victims.
(13 years, 9 months ago)
Commons ChamberI want to make a short contribution to the debate. As a new Member of Parliament, I almost feel like an intruder, talking about the Western European Union. I want to thank my hon. Friends the Members for Croydon South (Richard Ottaway) and for North Dorset (Mr Walter) for setting the context of the debate and providing the necessary factual information.
My contribution is about the role of parliamentary scrutiny. I feel strongly that, whatever changes are made, it is vital that the sovereignty of the House should be preserved in relation to defence, foreign and security policy. I urge those involved in the decision-making process to take into account the fact that our electorate, the British public, feel aggrieved that there is not enough debate in the House on those policy areas. The public never had a referendum on the Lisbon treaty, and they now look to us to raise those issues here, and to preserve their democratic rights in regard to parliamentary sovereignty and the scrutiny of all those matters. Whatever the successor body does, the inter-parliamentary scrutiny that relates to the British people should feed back primarily to this Parliament and, of course, defend British interests.
(13 years, 9 months ago)
Commons ChamberI wish to raise just a few points, but I first wish to welcome the Bill and the introduction of the referendum lock. I congratulate the Minister for Europe on the way in which he has addressed many of the concerns raised during the passage of the Bill, particularly as regards my amendments and new clauses. I thank him for his perseverance with me and my arguments. He has given some strong commitments on transparency in the EU, on improving cost-benefit analysis, and on having better impact assessments and more EU legislation held to account in this Parliament. He has also rightly given us warm words on ending the era of Departments gold-plating directives and legislation from Europe, as well as on the long overdue one in, one out rule for European regulations.
The Bill will safeguard against some European power grabs—which is of course more than important, long overdue and welcome—but, alas, not them all. As my right hon. Friend the Foreign Secretary said earlier, the Bill is not a panacea for all the EU’s ills, but it is clearly a step in the right direction. There are areas where the EU already exercises competence, as laid down in the Lisbon treaty, and where it can secure more powers from Britain, without the need for any safeguard in Parliament or by triggering the referendum lock in the Bill. The Bill does not deal with those matters, but I continue to urge the Government to do everything possible to prevent British interests from being undermined in that way. I would press the Government to work towards repatriating powers from Europe to this country, to protect our sovereignty and to renegotiate our financial contributions and the colossal sums of money that we hand over every year to the EU.
Finally, as we know, the Bill deals with the EU, but as we have seen with prisoner votes recently, this country’s ability to make its own laws is being undermined by another European body: the Council of Europe and its Strasbourg-based institutions, with their increasing desire to exert control over our country and to undermine Parliament and British democracy, and the regular issuing of diktats that the European Court of Human Rights considers but that escape parliamentary scrutiny. I therefore briefly urge the Minister and the Foreign Secretary to consider introducing a similar package of measures and reforms to improve the democratic accountability of those institutions and to ensure that British laws, as we have heard throughout the passage of the Bill, are made in Britain by the British, and that we effectively put the national interest first.
(13 years, 10 months ago)
Commons ChamberThat is the direction in which we would like the Egyptian authorities to move. As I have said, it is disappointing that the new Cabinet does not constitute the broad-based Administration that we, the rest of the EU and so many of Egypt’s friends around the world were looking for. We continue to urge the Egyptian authorities to take the necessary steps to form such a Government to ensure that real, visible and believable reform is presented to the people of Egypt, as well as effective guarantees of free and fair elections. We think that it is necessary for them to respond to the mood and demands of the Egyptian people and to do so quickly if there is to be an orderly transition, rather than a violent and disorderly situation.
T7. Between now and 2016, the UK will hand over almost £50 billion of hard-pressed British taxpayers’ money to the European Union. Will the Foreign Secretary give hard-pressed constituents and British taxpayers an assurance that he will work with colleagues across all Government Departments to reduce that vast contribution, which could be better spent keeping the deficit low in this country and improving public services?
As my hon. Friend knows, we inherited from the previous Government a budget settlement that gave away a huge chunk of the UK rebate and bound us to increased contributions to the EU, but I assure her and her constituents that every Minister in this Government is committed to budgetary controls and to maximum economy, discipline and value for money in every aspect of European expenditure.
(13 years, 10 months ago)
Commons ChamberIn response to the Minister’s last remark, I would say simply that we have belief in the parliamentary process, and although the Bill may pass through this House, we are sure that Members of the other place will have enough wisdom and common sense not just to give it a mauling but to reject it.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22 ordered to stand part of the Bill.
New Clause 7
Annual report on Part 1 of the Act
‘(1) The Prime Minister shall prepare and lay before the House each year a report on the operation of Part 1 of this Act.
(2) The report shall identify—
(a) any statements made in the previous 12 months under section 5, indicating specifically where Ministers have indicated an opinion under section 5(3) as to whether a treaty or Article 48(6) decision falls within section 4 of this Act, and any opinion given under section 5(4) of the Act on the significance of the relevant provision in relation to the United Kingdom;
(b) any powers and competences transferred under the terms of the TEU or TFEU from the United Kingdom to the European Union within the previous 12 months which—
(i) have, and
(ii) have not
required specific authorisation under any provisions of Part 1 of this Act;
(c) any powers and competences arising under any of the provisions of the TEU or TFEU referred to in Part 1 of this Act which have been repatriated to the United Kingdom from the European Union over the previous 12 months; and
(d) any such powers and competences which the Prime Minister seeks to repatriate to the United Kingdom from the European Union.
(3) The report shall also include—
(a) an assessment of the likelihood of further transfer of such powers and competences in the succeeding 12 months;
(b) a cost benefit analysis of the impact on the United Kingdom of any decisions made in the past 12 months under any of the provisions of the TEU or TFEU powers referred to in Part 1 of this Act.’.—(Priti Patel.)
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
This is a straightforward probing amendment, designed to provide greater openness and transparency in connection with the Bill, and particularly the transfer of powers. It would give the public and Parliament an annual opportunity to review, in one comprehensive report, the powers transferred to the EU under part 1—for example, by providing a cost-benefit analysis of the impact on the UK of those transfers of powers—details of the powers that are likely to be transferred to the EU over the 12-month period and an indication of the powers that the UK seeks to repatriate from the EU.
Since coming to office, the Government have been at the forefront of pioneering the transparency agenda across all our politics. The new clause builds on those efforts, as the EU should not be exempt from robust parliamentary and—especially—public scrutiny. I believe it is essential that we keep a close eye on the powers that are being transferred to the EU, whether through referendum, Act of Parliament or ministerial decisions, for three reasons.
First, there is the matter of keeping a track record of the cost to this country of the EU’s having more powers, and letting people know who is governing Britain. Secondly, there is the matter of democracy and the public’s being able to hold the EU, the Government and Parliament to account for the decisions they take and the powers they ultimately exercise. Thirdly, there needs to be scrutiny of the powers handed over that are not deemed to be significant. After a single transfer, they may appear to be innocuous, but a series of such transfers over time may constitute naturally something more significant.
The Minister will be aware that the Government publish some of the details on the transfer of powers, such as the report on EU justice and home affairs matters that details the use of the opt-in protocol. More information of that nature across the Government should be published, and the new clause would facilitate an opportunity for the Prime Minister to present it to the House.
This is a particularly imaginative new clause. Does the hon. Lady imagine that there would be votes on such reports, or would they just be for information?
I would not rule out anything, to be honest. As I started by saying, the new clause is designed to generate more openness and transparency in the transfer of powers and, ultimately, the amount of say that the EU has over us in this country. Right hon. and hon. Members, as well as the public, could therefore review the report, audit the EU and further hold decision makers to account, so I would welcome the opportunity not only to discuss but to vote and to have full-blown transparency.
The new clause is necessary because the monitoring of EU policies and the transfer of powers is not as effective as it should be. I pay tribute to the European Scrutiny Committee for its tremendous work. Unfortunately, the Chair of that Committee is not here this afternoon. It should be of concern to the legislature that such information is not always readily available and that important qualitative and quantitative data on the EU are not easily accessible.
I am slightly surprised. Given the evidence of the past three weeks, is my hon. Friend really suggesting that even the slightest scintilla of power moving from this country to the European level will not be noticed by the hon. Member for Stone (Mr Cash) or the hon. Member for Wellingborough (Mr Bone) or all her other hon. Friends? They seem to be on to these things like terriers most of the time.
And quite rightly so. Of course, we have a House full of assiduous Members and the European Scrutiny Committee has been very effective, but I am talking about an annual report and more openness and transparency.
By asking a range of parliamentary questions of 10 Departments, I received information stating that at least 79 current EU directives were pending transposition into UK law at a total cost in excess of £20 billion, and that is just one example. Of course, assiduous Members will ask many other questions and do a lot more fact finding to identify and uncover other transfers, too.
There is no reason why such information should not be published regularly, and Ministers must endeavour in future to be more transparent and accountable. It is therefore important in going forward with the Bill that information on the costs, benefits and powers exercised by the EU is available and accessible, as that greater transparency and opportunity to hold Government policy to account over the EU would, in my view, be most welcomed by the British public.
The new clause would go somewhat further than just making more transparent the EU, the Government’s policies on the EU and transfers of power, because it effectively asks the Government in their annual report to publish details of plans to repatriate the powers and competences from the EU that they believe should be held by this country. As drafted, the Bill will establish a referendum lock and safeguards against further significant transfers of power, which I have consistently supported and welcome, but it does not cover the approach that should be taken to repatriate powers to this country that the EU currently holds that are not in our national interests and on which the public expect us to act.
We have heard about many opinion polls in these Committee proceedings, but I shall refer to another one. An opinion poll conducted four years ago, before the previous Government handed over even more power under the Lisbon treaty, found that 58% of the British people believed that the EU should have less power and that more decisions should—surprise, surprise—be taken nationally and locally, and that 68% of people thought, quite frankly, that the EU did not represent ordinary people in our country.
Across a diverse range of policies, the public and parliamentarians of all parties can point to powers that the EU should not have, and that the British people believe should be brought back to our country, for a range of democratic reasons as well as on cost grounds. They include policies on access to our territorial waters, which we debated last week when discussing fisheries, as well as on justice and home affairs.
Absolutely not! I believe that the Conservative party has very much embraced the views of the party that I represented back then. I have been campaigning for a referendum for more than 15 years, and the Conservative Government are now proposing it.
I was talking about the powers that have been handed over to the European Union. The European arrest warrant has been the subject of a great deal of debate in the House, and social and employment policies have cost the UK more than £38 billion. We have heard mention of the working time directive, as well as of waste in regional policies, economic controls and financial services, not to mention the endless regulations that burden our businesses, the £1 billion that the EU is seeking to fine the UK and the £50 billion, which I mentioned during questions today, that the UK is set to hand over as a net contribution over the next few years to 2016.
Many of us think that the European arrest warrant is a useful and positive counter-terrorism measure. Would it not be better to take what would presumably be an annual debate on the hon. Lady’s proposed report and broaden it out into a debate on the work of the European Union or the Commission’s work programme as a whole? That would subject the whole programme of the European Union to scrutiny in this place, and allow those of us who have a more positive view of the EU to put our case as well.
I suggest that timetabling the required number of hours and days for such a debate could be quite challenging, because it would have to cover a vast number of issues.
In my view, the British people deserve to know what their Government are planning to do, not only about the powers that the EU seeks to exercise but about those that it currently uses and—dare I say it—abuses, according to some in this House. Like all Conservative Members, I stood on a manifesto that clearly stated:
“The steady and unaccountable intrusion of the European Union into almost every aspect of our lives has gone too far.”
Following the ratification of the Lisbon treaty, we made a commitment not to let matters rest, and to negotiate the return to Britain of criminal justice powers and the opt-outs of the charter of fundamental rights and of social and employment legislation. The new clause would give the Government and the Prime Minister an annual opportunity to update the House on the actions being taken to deliver that, and to bring genuine openness and transparency to these proceedings.
Forty years ago, when we entered what was then known as the European Economic Community, few could have predicted with any accuracy how deeply integrated and ingrained the EU has now become. Had we known that at the time, I am sure that this Bill would have been even more robust than it is.
Does the hon. Lady acknowledge that it was a Conservative Government, with the Single European Act in the 1980s and the Maastricht treaty in the early ’90s, who gave away the largest transfer of powers from this Parliament to Brussels?
That is genuinely a matter of record now. We have now seen how far the EU has gone, and that is the reason for my probing new clause. We need to look to the future and be more vigilant. This is not just about the past; it is about what is coming in the future.
The hon. Lady is probably aware that the vast majority of the public do not care which Government gave away our powers. They are fed up with the fact that more and more powers have gone to Europe and they want those powers back. Does she agree that until this country faces up to the fact that for far too long the public have had no say in whether we want to stay in Europe or not, and that until we get a referendum on that, we will never clear the air and be able to go forward in Europe as progressive Europeans, or go out of Europe and go forward as progressive UK citizens?
I thank the hon. Lady for her contribution. I entirely agree. The air needs to be cleared, and the British public naturally feel upset and uneasy about that. The issue is a sensitive one, hence the need for greater openness and transparency.
I ask the Minister to consider the points that I have made—fundamentally, the issue of openness and transparency. We have handed away far too many powers. The Bill is about the future, and I would welcome the Minister’s views.
The new clause moved by my hon. Friend the Member for Witham (Priti Patel) raises important issues, and it is right that we should devote some time and attention to her arguments today. I share a large number of the concerns that she expressed, and I welcome her wish to see much more transparency and clarity in the way in which the European Union operates. Having said that, I shall argue that the method proposed by my hon. Friend in her probing amendment is not necessarily the best one to secure those objectives. I shall deal with the main components of the new clause in turn and explain why, although I share many of her concerns, I do not think that the proposal as drafted is the best vehicle to deliver those goals.
Let us look first at how to police the boundaries of European competence. I share the anxiety expressed by my hon. Friend, and I believe that this is the mischief that subsection (2)(b) of new clause 7 is intended to address. That subsection requires that a list of any powers or competences transferred from the UK to the EU under the terms of the treaties in the previous 12 months, which have or have not received specific authorisation under any provisions of part 1 of the Bill, be included in the annual report.
The treaty position is clear. A competence should be transferred from the UK to the EU only if there is a treaty or treaty amendment unanimously agreed by all member states using the ordinary revision procedure, whereby we have a continuing power of veto. Power, as defined in the Bill, is changing the treaty to give an EU institution or body the power to impose a requirement or obligation on the UK, to impose sanctions on the UK, or to abolish what are defined in the Bill as significant vetoes.
Given that those changes to competence or power are covered by the referendum lock as set out in the Bill, there ought to be no possibility of the need for any entries at all in the report under subsection (2)(b) because competence cannot lawfully be transferred by any other means. What lies behind my hon. Friend’s argument, I think, is a concern that competence may be extended in ways other than formal treaty change.
It is important to try to distinguish the issues. There are cases where the EU has competence—we may argue about whether it ought to have such competence, but that competence has been granted by one or other of the previous treaties—but where the UK has particular views about how the European Union should legislate on the basis of that competence. We may believe that a particular measure is unjustified on grounds of subsidiarity, or that the costs of a particular measure are disproportionate to the benefits being claimed.
I offer the Committee an example. We do not dispute that the EU has competence to legislate on the terms and conditions for pregnant workers, but we have very strong views about the content of the particular proposal that is on the table, and we successfully built firm opposition in the Council to the European Parliament’s approach, which has effectively brought those negotiations to a standstill. At heart, that is not a matter of competence; it is a matter of policy. Those matters are debated carefully in the discussions about negotiating strategies that take place in the European Affairs Committee of the Cabinet, and they are also covered in the explanatory memorandums that we as a Government submit to Parliament.
There are other areas where there are concerns about whether a Commission proposal for new EU legislation or action oversteps the boundaries of existing EU competence. Again, the Government rigorously assess every proposal coming out of Brussels to ensure that it falls within the scope of competence and that the treaty base put forward by the Commission is justified. To give another example, we have been rigorous in asserting our position with regard to matters to do with the EU’s external competence.
Let us look at the External Action Service and consular work. We have firmly restated the treaty position that the EAS has no formal role in consular work, and should support it only by facilitating co-operation and the co-ordination of member states’ actions. The competence for consular functions remains with member states. We have made it clear to Baroness Ashton and to the Commission that we would oppose Commission proposals for the EAS to have a direct role in providing consular assistance or in any other way seek to expand the institutions’ role beyond the competences set out in the treaty.
As a further example, at the Cancun UN conference on climate change, we insisted on prior agreement on when the presidency and the Commission would be authorised to represent the position of the member states, and the forms of words that they would use when doing so. We did that in order to safeguard the position that competence remained with the member states and had not been given exclusively to the institutions of the European Union. In the last resort, if we considered that a proposal went beyond the competence of the EU, we would challenge it during the legislative process and, if necessary, at the European Court of Justice.
One of the reasons I hesitate to endorse an annual report is that I think what the Government should be doing is to make clear their views on competence as they affect particular measures whenever those measures are brought forward. If we adopted the proposed annual report, there would be a risk of Whitehall saying, “Let’s wait for the 12 months to elapse for the annual report.” My hon. Friend will probably have received some parliamentary answers; when I was a free spirit, I used to get parliamentary answers saying that the information would not be made available now, but if I wanted to hang on for six months, it would be made available in that Department’s annual report, or when a promised review was published. I would not like us to get into that situation with regard to these matters.
I have asked that every explanatory memorandum sent to Parliament should not simply state what legal base the Commission has given to it, but give some assessment of the suitability of that legal base.
We need to be much more forward-looking and smarter. Right across Whitehall, we must pay more attention to the Commission’s forward work programme, so that we can identify up front any potential issues of concern over competence creep at an early stage, preferably even before the publication of a proposed directive or other measure. That is the way forward for continuing work in government to scrutinise every proposal on competence grounds, and much more openness and activity in Parliament as well.
I do not regard as insignificant or risible giving the people of the United Kingdom a final say over treaty changes that transfer new powers and competences from this Parliament to Brussels. We would have much more public confidence in politics, and a much better chance of positively putting the case for British membership of the European Union, if the public did not feel so betrayed by the absence of any endorsement, by means of a referendum, of past treaty changes.
On new clause 7, which my hon. Friend the Member for Witham moved, my response to our hon. Friend the Member for Kettering (Mr Hollobone) indicates why some of what it seeks is not suitable. Subsection (2)(a), for example, would require a report on
“any statements in the previous 12 months under section 5”—
both the statement about whether such a treaty or decision transfers power or competence, and the statement on whether any transfer under Clause 4(1)(i) or (j) is significant.
It would not be onerous to include that requirement in an annual report, but there are unlikely to be so many treaties or decisions in any one year, so there would not be any real value in that information being collected and set out in an annual report. Under the Bill, there will be a minimum requirement for a written ministerial statement and an Act of Parliament before any such measures can be agreed, and that seems to represent sufficient transparency.
On repatriation, I listened to my hon. Friend the Member for Witham, who put her argument very powerfully and cogently. She knows that, under the coalition agreement, the Government are committed to examining the existing balance of competences and what they mean for Britain, and we continue to look at that issue.
The new clause raises some very important issues, and I welcome my hon. Friend’s aims of seeking much better value for money, more transparency and vigilance against competence creep within the European Union. Those matters are not for the Bill, however, which deals with treaty changes and ratchet clauses transferring powers or competences to the EU. We need to focus immediately on the individual issues to which she refers, measure by measure, as they arise in the Commission or as individual items of legislation, rather than taking up time preparing retrospective reports that I fear would be of largely historical interest.
What is relevant and important to the work of Ministers throughout Whitehall is for the Government to pursue with Parliament ways in which we can improve the scrutiny of EU issues and the opportunities for Parliament to hold Ministers to account for their stewardship of the United Kingdom’s interests in European discussions. I therefore urge my hon. Friend to withdraw her new clause.
I thank the Minister for his response to my new clause. I shall say a few words, because a number of issues arose in his reply.
There is a range of issues that clearly must be aired and discussed—that was the purpose of my new clause—in relation to competence creep and the ever-increasing powers that have been sucked away to Europe over the years. The Minister has a valid point about the proposed report being more retrospective, and if nothing else his assurances about the role of this House and Parliament in the scrutiny not just of legislation but items as they arise, and about the forward-look in terms of the Commission’s work programme, are absolutely vital. As we heard in the earlier debate, a number of assiduous Members will continue to bring those issues to the Floor of the House, to pursue them and to persist with them.
I intend to withdraw my new clause, but my final point to the Minister is about cost-benefit analysis, which is fundamental. The Government could still do a lot more to assure the British public that their hard-earned money was being spent more effectively when it comes to EU matters. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 11
Provision for further referendum
‘In order to meet the referendum condition referred to in section 2, section 3 and section 6 of this Act, the Act providing for the approval of—
(a) a treaty under the terms of section 2; or
(b) a decision under the terms of section 3; or
(c) a decision or draft decision under section 6
shall also provide for a further binding referendum to be held on continuing United Kingdom membership of the European Union, if the majority of those voting in a referendum held under the terms of the relevant section are opposed to the ratification of the treaty, decision or draft decision, as the case may be.’.—(Mr Bone.)
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
It is a great pleasure to follow my hon. Friend the Member for Witham (Priti Patel), who made such a powerful speech. I hope that I am able to tempt her into joining us in the Division Lobby later tonight, given what she said about new clause 7. It would be wrong of me not to pay tribute to the Whips Office for allowing me this time tonight, and for arranging matters so that my amendment 48 was not debated last week, when there clearly was not enough time for it. Now, we have absolutely hours and hours to discuss new clause 11, and I congratulate the Whips on that.
The new clause, which stands in my name and those of other hon. Members, reads:
“In order to meet the referendum condition referred to in section 2, section 3 and section 6 of this Act, the Act providing for the approval of—
(a) a treaty under the terms of section 2; or
(b) a decision under the terms of section 3; or
(c) a decision or draft decision under section 6
shall also provide for a further binding referendum to be held on continuing United Kingdom membership of the European Union, if the majority of those voting in a referendum held under the terms of the relevant section are opposed to the ratification of the treaty, decision or draft decision, as the case may be.”
What does that actually mean? For the first time, this Parliament would have an option to debate whether we should have an in/out referendum on the European Union. In other words, there would have to be a binding in/out referendum on our membership of the European Union if the new clause were passed and two hurdles cleared: first, a referendum would have to be triggered under the European Union Bill, owing to a proposed transfer of competency; and secondly, the British people would have to vote against such a transfer of power.
(13 years, 10 months ago)
Commons ChamberI thank the hon. Gentleman for that contribution, and I will say two things in response. First, European Union legislation can, by its nature, be deregulatory if it is framed precisely and well. Several pieces of European Union legislation replace 27 sets of national legislation. A number of business organisations recognise that fact and are in favour of it.
On the hon. Gentleman’s wider point, I will say this: I am new to the House, but since last May I have not had a single constituent bring that subject up, either in a surgery or on the doorstep, and I was knocking on doors on Saturday. My constituents are more concerned about their jobs, the trebling of tuition fees and the risks from overhauling the NHS than about technical procedures called passerelles, which, I wager, none of them has heard of.
In conclusion, the Bill is a political gesture that has not succeeded in calming the Eurosceptic wing of the Conservative party. In fact, it seems to have inflamed the passions of the Eurosceptics on the Benches behind the Minister. I am sure that that will be demonstrated today, as it was yesterday and in previous consideration of the Bill. In the words of the right hon. Member for Wokingham (Mr Redwood), the Bill is “shadow-boxing”. According to the hon. Member for Clacton (Mr Carswell), it is a “piece of legislative PR”. This political device has not only backfired, but resulted in a Bill that is confused, contorted and contradictory.
It is a pleasure to follow the hon. Member for Wolverhampton North East (Emma Reynolds).
I rise to speak to amendment 81, which stands in my name, but first I would like to make a wider point. I fundamentally believe that it is a landmark piece of legislation. I have strong and clear views on Europe and on our relationship with it. It is fair to say that since 1972 this country has seen what I would describe as open-door encroachment on our sovereignty and decision making. When I speak to my constituents about all matters related to Europe, and when they raise those with me, one of the fundamental questions they ask is who governs this country. Is it Britain, or Parliament or Europe? I think that the Bill will bring some clarity to some of those questions and issues.
Given the tone of the hon. Lady’s remarks, should she not be calling for an in/out referendum, and is she not disappointed that the Government have come up with such a weak and ineffective measure?
I have spoken previously about various clauses in the Bill and have made it abundantly clear that I welcome it. There is no doubt about that. On the hon. Gentleman’s point about an in/out referendum, I would like to see a referendum on many, many issues, some of which are in the Bill. I will now speak to one fundamental issue that I think should be in the Bill.
The hon. Lady has just said that we should have a referendum on many, many issues. Does that mean many, many referendums, or one referendum on many, many issues? If it is the latter, how would one know on what one was voting yes or no?
As the debate has proved, many issues to do with the way in which we do business in this country are related to the laws and the decision-making powers of this House and the judgments exercised by Europe, and reflect the views of members of the public. Fundamentally, the British people have a right to vote on where we stand with Europe and on our relationship with Europe. I have been clear on that and consistently maintained that view.
The hon. Lady is being generous in giving way, for which I am grateful. She has just used rather Treasury Bench words. That is intended not to promote her, but to denigrate her, I am afraid, because those words seem rather woolly—I am merely recognising my previous sins. Does she mean in or out?
I would be very happy if the country had a referendum on in or out of Europe, and I have consistently maintained that view. That is my personal view, but it is not the subject of debate on the Bill.
Amendment 81 would guarantee a referendum in the event that the EU proposed to reduce our powers over our inshore territorial waters up to the 12 nautical mile limit. I therefore ask the Minister and the Committee, through this debate, to put that safeguard in place. The amendment would not solve all the historical problems with the common fisheries policy, but importantly it would protect many of the efforts that this Government and the devolved Administrations are making in our sovereign territorial waters.
On that point about the devolved Administrations, is the hon. Lady as concerned as I am about the evidence that the Scottish Parliament submitted, in which it worries that the devolved dimension is not being considered properly?
Those issues should be given proper and due consideration.
As it stands, the Government and the devolved Administrations collectively exercise control and restrictions in our territorial waters up to the 6 nautical mile limit, and access is for British fishermen only. Access to our territorial waters between the 6 and 12 nautical mile limit is restricted to a handful of neighbouring countries. Those arrangements exist only by regulation, so at any time they could be amended by qualified majority voting and Britain could effectively lose control over access to its territorial waters within the 12 nautical mile limit of our shoreline.
The current regulation, passed in 2002, details the common fisheries policy arrangements for national territorial waters, and it expires at the end of 2012. As we know, the EU has plenty of flexibility to determine the future of our territorial waters, and I fundamentally believe that that is not in our national interest. The European Commission is, however, consulting on the post-2012 arrangements, and my significant concern is that through either that reform or future measures the majority of our European counterparts in the European Parliament or in the Council of Ministers will be able to determine the future of our territorial sovereignty.
I have been in touch with the Minister for Europe about the issue, and he has very kindly written to me to confirm that currently the Commission has no plans to change the arrangements, but I do not believe that we should leave it to chance, as it is simply not in our national interest to have other EU countries determining the future of access to our territorial waters.
Will my hon. Friend bear it in mind that the infamous Merchant Shipping Act was taken through the House in 1988? It was struck down by the House of Lords for not being in compliance, it argued, with the European Communities Act 1972. I do not want to trespass too much on her speech, but I think she may appreciate that she is in what I would describe as extremely sensitive and, in my view, very sensible waters.
I thank my hon. Friend for his remarks. There is no doubt that these are sensitive issues.
The Bill is significant and designed to protect Britain’s interest, and now and in future we must think about the safeguarding of our territorial waters. We know about the state of fishing in this country, and I seek from the Minister an assurance that we will not concede more powers but consider the implications when changes come to the fore affecting our sovereignty and decision making in this House.
I shall touch on a couple of other issues. During the debate a fortnight ago on clause 8, the Minister for Europe, when challenged at length by my hon. Friend the Member for Stone (Mr Cash) and others, gave a very strong reassurance that this Parliament is sovereign on all matters. On this narrow issue regarding the common fisheries policy, however, my amendment would allow Parliament to exercise its constitutional power and disapply EU law that in my view is clearly not in our national interests.
As my hon. Friend says, these are sensitive issues, and I am not advocating a bust-up with Europe over them, but the amendment is about asserting our parliamentary sovereignty, on which many Members will agree. I seek the Minister’s assurance that the Government are listening to the points that I have made. To summarise, I hope that they will safeguard the powers that we have over our territorial waters and that they are prepared, come what may, to defend the country’s interests on this issue.
I am grateful to my hon. Friend, but it is not for me to judge who or what might be an embarrassment to those on the Front Benches. The reality is that there are clearly a number of safeguards in the Lisbon treaty, including the emergency brake clauses, which can be exercised by national Parliaments. In some cases, they would not require the UK Government to take a view—Parliament can take a view of its own volition. However, I shall resist further temptation from hon. Members and press ahead with my comments on some of the specific amendments in the group, particularly amendments 81, 54, 8 and 79.
Amendment 81 is in the name of my hon. Friend the Member for Witham (Priti Patel), and I have a slight declaration of interest to make in that my great-grandfather was a fisherman along the north Cornwall coast out of Padstow. My constituency also includes many fishing communities, for whom the common fisheries policy in its current iteration is a significant problem. There is huge agreement across the House that having nationally decided quotas rather than regionally set quotas is a problem. The discard policy is also a problem, because it is absurd for this nation to have to throw back hundreds of tonnes of perfectly good fish when we could be using it to feed people in this time of pressures on food security around the world and concerns about the sustainability of fish resources.
I share my hon. Friend’s determination to secure real reform of the CFP. We need to put sustainability at its heart and ensure that local communities are driving it. We also need to review the policy on discards. However, amendment 81 is—to shamelessly snag a pun that has already been used tonight—a red herring. I do not see how it will strengthen our hand when it comes to reform of the CFP—
As I said earlier, the amendment would not reform the policy per se, but I tabled it because the future of our territorial waters cannot be left to chance. It is a fundamental issue.
I have some sympathy with the point that my hon. Friend makes, but it is a misnomer to call the amendment an effort to reform the CFP. As I understand it, the competences under which the CFP sits were transferred three decades ago. They are already decided under qualified majority voting, and having a referendum on this issue—should it even be a topic for debate, and I know of no such plans—would have no effect.
(13 years, 10 months ago)
Commons ChamberMy hon. Friend is absolutely right. That is the problem. The referendum is about the technicalities and that is why it is so difficult to get the media and press interested and so difficult to make it the ordinary subject of conversation in pubs.
Does the hon. Lady agree that when it comes to issues that are in the national interest, both the public and the media will be engaged?
Absolutely. That is the important point and that is why we are calling for a committee to be set up. That would provide the opportunity for the issues to be discussed. If the subject were important and interesting, there would be media interest and lots of lobbying and, as with any work that is done in Committee, the issue would become one that people considered. The whole point of having any committee is that it can make that difference. Committees can do the work on the detail. An innocuous little detail can turn out to have a major impact and that point can be uncovered in Committee. Likewise, something that seems quite big to start with will, when it is considered in detail, be shown to do not much more than maintain the status quo.