European Union Bill

Stephen Gilbert Excerpts

Tuesday 25th January 2011 Commons Chamber

[Chris Bryant]

I look forward to hearing the hon. Gentleman’s arguments. However, I do not understand why it is okay to support Ireland without a referendum, but impossible to provide such support to another country without a referendum.

[Stephen Gilbert (St Austell and Newquay) (LD)]

rose—

[Chris Bryant]

I shall give way to the new Liberal Democrat.

[Stephen Gilbert]

I am grateful for the old hon. Gentleman’s time and patience in giving way.

Is not a further problem that, in a time of crisis, quick action might be required, and a referendum lock could mean that the problem got a lot worse before action could be taken?

[Chris Bryant]

Indeed. Obviously, a referendum would also incur significant costs. The Government are trying to argue that holding the alternative vote referendum on any day other than 5 May this year would cost some £30 million. I presume that any referendum under the amendment would also cost some £30 million, and I think that that is inappropriate. The clause refers to “a common EU defence”, and although I do not want to hand over the setting up of a standing army to the European Union, I acknowledge that there is already a European army, because there are troops from member states acting in Kosovo—and they have done so in Bosnia—as well as Swiss troops under an EU banner. I am reluctant to say that a referendum would be needed on any aspect of a common defence policy, because that would be a mistake in our national security.

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[Mike Gapes]

I was about to seek your advice, Mr Caton. I would love to become involved in a debate on the merits of European co-operation and a new Bretton Woods, and numerous other such issues, but I do not think that they are covered by clause 6.

The questions with which the Bill confronts us are “Is it necessary?”, “Does it do what it says on the tin?”, and “What will be the effects of it and, in particular, of the amendments and clause 6 if they become law?” In my opinion, either this is a recipe for litigation and a lawyers’ paradise, as others have said both on Second Reading and today, or it is irrelevant. Indeed, it may be both: it may be irrelevant in essence, but may none the less serve as a mechanism enabling people to opt for judicial reviews and litigation when referendums are not proposed on certain aspects of decisions made in the European Union and the Council of Ministers.

We are experiencing a difficult period in this country. Very few politicians have had the courage to stand up to the Murdoch press and the Eurosceptic media, and the capitulation of the Liberal Democrats over the last few months, as they have changed their previous approach to the one to which they have signed up in the coalition, further weakens the voice of pro-European people in the country.

[Stephen Gilbert]

I note the accusation of Stockholm syndrome, but I suspect that the hon. Gentleman is suffering from amnesia. The Liberal Democrat manifesto was clear: it said that there would be a referendum

“the next time a British government signs up for fundamental change in the relationship between the UK and the EU.”

The coalition is committed to ensuring that that does not happen.

[Mike Gapes]

Perhaps when he makes his own speech the hon. Gentleman will be able to clarify whether the Liberal Democrats are still in favour of a “big bang referendum”, as was suggested on some occasions, whether—as happened with the Lisbon treaty—they will vote in three separate ways on any of the issues that arise from clause 6, and whether the Liberal Democrats in the other place will vote in line with their Front-Bench colleagues here or will also be split in three directions.

I believe that the measures before us are not necessary and should be rejected. I shall vote against clause 6 and the amendments concerning, in particular, the European financial stability mechanism, which I think would be positively damaging to the future of our country.

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[Austin Mitchell]

I have not actually said that, have I? I have said that the Chancellor treated the Irish case as a one-off, but it is not. It opens the door to giving aid to other countries that have put themselves in the same situation through a foolish adherence to a euro that is fated to collapse. I make no judgment about the Irish case, although it is a big bill to pay for a country that the Chancellor tells us is over-borrowed and has no credit on the world market. Why should that country start raising huge loads more money to pay other countries because of the failures of the euro?

[Stephen Gilbert]

I take the hon. Gentleman’s point, but can he imagine a situation in which rather than being a giver, the UK is the receiver of aid under that arrangement? Is he really saying that rather than get the aid that our financial sector might hypothetically need in a quick and timely way, he would want a referendum lock to apply?

[Austin Mitchell]

I am afraid that that is ridiculous. I was leaping with joy when the hon. Gentleman, a Liberal Democrat, said he was taking a point that I had made. I thought that sense had at last dawned, but alas it turned out to be only stupidity. Nobody is suggesting that the UK would want Europe to be liable if our system failed. The crucial point is that we did not enter the euro. Having not entered it, we should be immune from the consequences imposed on those who did. That is all I am saying. I do not want European aid. The wisdom of former Chancellors in keeping us out of the euro allows us to adjust our exchange rate. Other nations have problems because they cannot do that. We have had a 25% devaluation, and the pound could—and should, in my view—go lower. That reduces the cost of our currency and makes us competitive once again. That is our adjustment. We do not need help or aid because we have the flexibility of being outside the euro. Does the hon. Gentleman want this economic education class to continue or will he keep quiet?

[Stephen Gilbert]

Is the hon. Gentleman really saying that we are both outside the euro and outside the effects of the euro? Is he saying that Portugal, Ireland, Italy or any country that needs European financial help in future can be allowed to collapse, and that that will have no effect whatever here in the UK?

[Austin Mitchell]

Oh it is difficult talking to Liberal Democrats! I did not actually say that we would be outside the effects of the euro. In fact, the foolish deflation that is going on all over Europe damages us, because half of our trade is with Europe and we want our exports to Europe to increase. With our ability to devalue, we have the ability to increase our exports, and they are increasing for the first time in many years—thanks to devaluation. I want markets in Europe to be healthy, but I do not want the British taxpayer to be asked to support Europe in its folly.

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[Stephen Gilbert]

It is a pleasure to have the opportunity to contribute to this debate. Anybody watching us must think that they have fallen through the looking glass. We are debating amendments to a Bill that prevents further transfer of power from the UK to the European level of government, in the context of a coalition that has said that it will allow no further significant transfers of power in the duration of its office, and yet Conservative and Labour Members are attacking the Bill while Liberal Democrat Members try to defend it.

[Mr Cash]

I cannot resist intervening. The hon. Gentleman knows perfectly well that the Minister for Europe has said that there is no chance or intention of holding a referendum under the proposals in this Bill until the next Parliament at the earliest—we are in dead parrot territory. The Minister will not deny that. The debate is about what is happening right now. Europe is in total chaos. Every country bar Germany is imploding, but the hon. Gentleman is carrying on as if everything is fine.

[Stephen Gilbert]

I feel like I am entering into my own version of “Back to the Future” in debating the EU with the hon. Gentleman. The Government’s position is quite clear. There will be no referendum over the next five years because there will be no significant transfer of power or competences. The Liberal Democrats welcome that, and I would have thought that he would too.

[Mr David]

rose—

[Stephen Gilbert]

I am more than happy to give way to the Opposition spokesman.

[Mr David]

To add to the thesis of the hon. Member for Stone (Mr Cash), given that the Labour party is not in favour of any further EU treaty changes and that we cannot bind a future Parliament, what is the point of the Bill?

[Stephen Gilbert]

In fact, what we know from yesterday’s debate in this Committee is that the Labour party, given the bizarre system it proposed in its defeated amendments, is in favour of giving the House of Lords a veto on whether the British Parliament chooses to put a referendum to the British people.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

Did I hear the hon. Gentleman correctly? Did he say a moment ago that there will be no further significant transfer of power to Brussels? Will he outline which not very significant powers will be transferred during this Parliament?

[Stephen Gilbert]

The Bill is absolutely clear on that. A number of criteria have to be met and a number of hurdles must be jumped. We debated the significance test yesterday—the hon. Gentleman was in the Chamber and would have carefully listened to the debate—but let me give him an example. At the moment, in the objectives of the EU as I understand them, there is no requirement to combat climate change. Of course, the EU is rightly and properly taking action on environmental issues, but the simple codification of that into one of the objectives of the EU would be quite a minor change, and one that we would all welcome and accept as necessary and important.

[Mr Cash]

Almost everything the hon. Gentleman says demonstrates the complete divergence of views between many Conservatives and many Liberal Democrats. Does he accept that a key problem facing the coalition Government is not only the integral federal views of the Liberal Democrats on matters relating to Europe, by which they are totally besotted, but the implementation of the Lisbon treaty? That is where the problem arises. People talk about transfers of power, but actually, the implementation of existing arrangements under the Lisbon treaty is causing so much difficulty—it is also an embarrassment to Opposition Front Benchers.

[Stephen Gilbert]

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—

[Priti Patel]

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.

[Stephen Gilbert]

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.

[Thomas Docherty]

It might help the debate to know that the Environment, Food and Rural Affairs Committee, of which I am a member, will shortly carry out an inquiry into fishing policy. I am sure that the Minister will be excited to have the chance to give evidence on the issue of discards.

[Stephen Gilbert]

I am grateful for that intervention and I am sure that the fact that the Committee will look at this issue will be as worthy of note as the fact that I have joined hon. Members from both sides of the House in signing the early-day motion on discards policy. On every occasion that this House has debated the CFP, a clear signal should have been received by Ministers that we want reform and we want it now. However, amendment 81 is not that reform.

It is clear that negotiations on the CFP will start later this year. I would like an assurance from the Minister that he has heard the concerns that have been expressed in this debate and will put protection of the UK’s fish stocks at the heart of those negotiations.

[Martin Horwood]

What is my hon. Friend’s opinion on some of the other amendments that have been tabled? Does he think that reform of the CFP might be made more difficult if we have such a hair trigger for referendums that it brings the whole process grinding to a halt?

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[Stephen Gilbert]

My hon. Friend makes a very good point. We need to be careful what we wish for. Many of the amendments we are discussing would introduce a hair-trigger—an apt expression—approach to referendums that could end up shooting the UK’s best interests in the foot.

[Jim Shannon]

The hon. Member mentioned regionalisation and the opportunity for other parts of the UK to be in control of fishing. Does he think that the localised control of fishing is the way forward to take control away from Europe and ensure that local people, who have the knowledge and the experience, can have an input into the process?

[Stephen Gilbert]

I share the approach that the hon. Gentleman outlines. It is the fishing communities who understand sustainability and the importance of ensuring that we have viable stocks for the future, and they will respond to those needs. It is right that responsibility for fishing policy should be reduced to the region, if not further to local areas.

Amendment 54, in the name of my hon. Friend the Member for Bury North (Mr Nuttall), is a little bizarre, because it promotes the notion that being given extra rights would require a referendum. The rights of EU citizens come under article 20 of the treaty on the functioning of the European Union and, as far as I can tell, they number four at the moment. They are the right to move and reside freely within the territory of the member states; the right to vote and stand as candidates in elections to the European Parliament and in municipal elections in the state of residence, under the same conditions as nationals of that state; the right to petition the European Parliament, to apply to the European ombudsman, and to address the institutions and advisory bodies of the European Union; and the right to enjoy, in the territory of a third country in which the member state of which they are nationals is not represented, the protection of diplomatic and consular authorities—a point about which the hon. Member for Rhondda (Chris Bryant) spoke at some length. My contention is that adding to the rights of citizens cannot be seen as a transfer of power or competence from the EU to the UK.

[Mr Nuttall]

Does my hon. Friend agree that, by definition, if citizens of another European Union member state are given rights by the European Union to do things in this country, the rights of our own citizens are diluted and power is therefore transferred to the rest of the European Union?

[Stephen Gilbert]

I simply do not agree. If rights are transferred to the EU level, every European citizen will benefit from those rights, including the many hundreds of thousands of British citizens who live and work in the other European Union member states.

[Mr Andrew Turner (Isle of Wight) (Con)]

Does my hon. Friend agree that they have rights and we have liabilities, and that is the difference?

[Stephen Gilbert]

My hon. Friend and I share an interest in many matters, and I was delighted that the other place came to his rescue in the Parliamentary Constituencies and Voting Bill—although I am less pleased that it did not come to Cornwall’s rescue. However, on this issue I disagree with him. It is a caricature to say that they have rights and we have liabilities. The reality is that many of the people I went to school with now live and work in member states of the European Union and it is right that they should have protections extended to them in the same way that protections are extended to EU nationals living and working here.

My hon. Friend’s philosophical disagreement does not detract from my central point, which is that this is not a transfer of power or competence from the UK, so I do not see the need for the referendum lock to be introduced. More broadly, is it not belief in those human rights and the shared view of human nature—the belief in the rule of law, the sanctity of human life and that all individuals are born equal—that unites member states in the European Union and leads to our ability to have a common view on many issues?

[Mr Cash]

On the question of human rights—of course, our manifesto committed us to the repeal of the Human Rights Act 1998—what makes the hon. Gentleman think that the people of the United Kingdom would have been that much worse off if the European Human Rights Act had never been passed? What makes him believe that the vast amounts of money going to all the lawyers in the human rights environment are doing the people of this country any great service?

[Stephen Gilbert]

I am grateful to the hon. Gentleman for his contribution. The European Human Rights Act gave rights to people in this country that they did not enjoy previously. Those rights are now in statute. Of course, hon. Members can make the argument that the House could have conferred those rights—but then this House is exactly the body that did confer them, first through the 1972 treaty, and secondly under the previous Government through bringing the European human rights treaty into British statute, as I understand it.

[Mr Nuttall]

My hon. Friend is touching on one of the fundamental differences between how the European Union sees rights, and how this sovereign Parliament sees them. Parliament does not think that citizens need to be given any human rights because they are free to do anything under the law, whereas the European Union thinks that it has those rights to hand out to citizens of its European superstate as part of some great, grandiose gesture. That is the difference.

[Stephen Gilbert]

I am grateful to my hon. Friend. As a loyal subject of the Crown, I am equally pleased to be a citizen of the EU.

I will finish with some brief comments on amendments 8 and 79, which deal with the notion of a referendum lock on giving further financial aid to countries other than Ireland—an issue on which the hon. Member for Great Grimsby (Austin Mitchell) and I have just engaged. If the amendments are passed, they would damage diplomatic relations, delay the EU in helping struggling economies and potentially deny to the UK the same kind of benefits that Ireland has had in the past.

I want to make it clear that the Liberal Democrats support the Bill: it is about reconnecting the British people with the European issue; about saying that over the next five years, there will be no further transfer of powers and competences; about putting that commitment in law; and about raising the benchmark significantly higher than it has been to date.

[Ben Gummer]

I had many comments to make but, happily, my hon. Friend the Member for Stone (Mr Cash) has covered much of the ground I wanted to cover. I shall therefore be quite brief. Yesterday, in a memorable speech, my hon. Friend the Member for Grantham and Stamford (Nick Boles) described the Bill as the William Cash memorial Bill. Although I would not like to use such lapidary language with regard to my hon. Friend the Member for Stone, it is certainly a memorial in the sense that all that he has done over the years to protect the House and nation from the transference of powers to the European Union is contained within clause 6, so that it will not happen again without a referendum of the British people. I suspect that that is why my hon. Friend, whom I admire and have watched with great interest today, as a newcomer to the House, is uncertain about parts of the Bill.

Mention was made earlier of the fact that my hon. Friend’s seat is often left cold while he explains the dangers of the transference of powers. The Bill will render much of that function, which he has served with such honour over the years, no longer necessary, because it encompasses what the British people have wanted for so long, as has been pointed out by so many people in this debate, which is for the powers of Parliament to remain here and not be transferred. Whether on the euro, social policy, finance, jurisprudence or border control—all those things that he has spoken about so many times—will now sit here in statute unable to be moved to a qualified majority voting system in the Council without the matter being referred to the British people.

The Bill does not just enshrine in law the wishes of the British people over many years; it is also a testament to the intellectual coherence of the coalition’s project. It is about retaining power at the most local level possible. That does not just apply to this Parliament, but involves pushing power down to local communities wherever possible. That is why the cat-calling about the Bill from the Opposition is so misguided. They do not understand how it fits into the wider revolution being instituted by the coalition Government of bringing power as close to the people as possible. That is why I suspect they do not like it very much. It goes against everything that the Labour party believes in, which is to push power up to people who know best at all times.

We need only look at some of the comments made in this and previous debates. The right hon. Member for Rotherham (Mr MacShane), who is no longer in his seat, said in a previous debate on the European Union that the Bill would be a mistake because it would make it harder for Turkey to accede to the EU. Today, we heard points about the European arrest warrant—because, of course, it is he who knows best, and not the British people. Of course, it is the Opposition Front-Bench team who know best—in their minds—and not the British people.