European Union Bill

Wayne David Excerpts

Tuesday 7th December 2010 Commons Chamber

[Mr Wayne David (Caerphilly) (Lab)]

Before the debate, a number of colleagues told me that the debate would be like the Bill—boring and uninteresting. They were wrong, at least about the debate, which has been wide-ranging, passionate, forensic in its analysis of the Bill, and conducted, by and large, in a reasonable manner. We heard more than 20 speakers. The right hon. Member for Charnwood (Mr Dorrell), and the hon. Members for South Thanet (Laura Sandys), for Enfield North (Nick de Bois), for Cleethorpes (Martin Vickers) and for North East Somerset (Jacob Rees-Mogg) spoke in favour of the Bill. A handful of hon. Members spoke against the EU rather than the Bill as such, but many, including my right hon. Friend the Member for Rotherham (Mr MacShane), my hon. Friends the Members for Rhondda (Chris Bryant), for Ilford South (Mike Gapes) and for Preston (Mark Hendrick), the right hon. Member for Wokingham (Mr Redwood) and the hon. Member for Hertsmere (Mr Clappison), expressed reservations—strong and not so strong—about the Bill.

I wanted to refer specifically to only three contributions. First, the hon. Member for Harwich and North Essex (Mr Jenkin) questioned whether the Bill was crudely political—he described it as a byzantine Bill. He asked when it will come into effect. Will the Minister respond to that? He also questioned, as did the hon. Member for Daventry (Chris Heaton-Harris), whether the Bill is an attempt, intentional or otherwise, to undermine the sovereignty of this and future Parliaments.

Secondly, the hon. Member for Westmorland and Lonsdale (Tim Farron), who by the way is a Liberal Democrat, said that the Bill is a firm example of a coalition product. I absolutely agree with him. The Bill is muddled and contradictory, and is indeed a fine example of the coalition product.

Thirdly, we heard a notable and informed contribution from the hon. Member for Stone (Mr Cash). He referred to the misleading explanatory notes and said that the Bill shows judicial activism on the march. He also said that it was an invitation to litigation and called it a mouse of a Bill—I would say it is more like a drowned rat.

There have been a number of common themes in the debate. Members on both sides of the House have highlighted the poor drafting of the Bill. It is unclear when a referendum would be held; it is unclear about when a passarelle would require an Act of Parliament or a referendum; and it is unclear whether the sovereignty clause adds anything to British law—it probably does not. The one thing that the Bill is clear about, however, is that it is a recipe for unending confusion. The Government promised red meat to their Eurosceptic Back Benchers, but what we actually have is a rancid old bone for us all to gnaw on.

The only people who will be happy with the Bill are the lawyers, who will revel in endless judicial reviews. The Bill is fundamentally flawed. It is a ham-fisted attempt to define our relationship with the European Union, but it fails to do so. Instead, we have a botched, esoteric, convoluted, obsessively intricate collection of ill-defined, half-baked, miasmic proposals—and that is just to start. The Bill will serve only to confuse and will satisfy and placate no one: it only underlines the confusion at the heart of the Government’s European policy.

--- Later in debate ---

[Mr Lidington]

The Government have made it clear that we would not assent to a transfer of competence or powers during the lifetime of this Parliament. It follows, therefore, that we do not expect a referendum in the lifetime of this Parliament, but unforeseen events might arise. The Bill, once it becomes law, will be binding on this Government as well as on any future Administration, whatever circumstances might arise.

[Mr David]

Will the Minister give way?

[Mr Lidington]

No, I want to deal with the objections and criticisms that have been made to and of the referendum lock. Serious questions have been asked on both sides during the debate and I want to respond to them. One set of objections came from the hon. Member for Rhondda (Chris Bryant), who made it clear that he objected to all referendums as a matter of principle—

--- Later in debate ---

[Mr David]

rose—

[Mr Lidington]

The second line of criticism was rather more subtle than that presented by the hon. Member for Rhondda. It was articulated by a number of colleagues, including my hon. Friend the Member for Richmond Park (Zac Goldsmith), who argued that the Bill left too much discretion to Ministers. My hon. Friends the Members for North West Leicestershire (Andrew Bridgen) and for Witham echoed that argument.

My response is that a number of options were available to us. One was to draft a test phrased in fairly general terms, saying that an important measure would require a referendum, but leaving it to the Government of the day to determine whether that test had been met. We took the view that that would have left far too much discretionary power in the hands of Ministers. What we have done instead is to introduce a Bill that quite deliberately limits ministerial discretion by specifying those changes that would trigger a referendum and also those limited categories of treaty change that would be exempt from the referendum requirement.

Several hon. Friends talked about the significance test, which applies only to a change brought forward under the simplified revision procedure. Within that category of treaty change, it applies only if the sole reason for its falling within the referendum lock is that it falls under clause 4(1)(i) or (j). Any proposal that is covered by clause 4(1)(a) to (h) or clause 4(1)(k) to (m) automatically attracts a referendum. In reply to a direct question put to me, yes, if this Bill had been law at the time, the Lisbon treaty negotiated under the ordinary rules of procedure would have required a referendum before it had been ratified. I only wish we had had such a provision on the statute book when the Labour party betrayed this country’s interests and reneged on the promises it had given.

My hon. Friend the Member for Hertsmere (Mr Clappison) argued that the significance was subject only to judicial review and not to Parliament. Of course it is true that any Executive decision by any Minister is liable to judicial review. I dispute his argument, however. Irrespective of whether the significance test applies and whether a referendum is required, any treaty change, however minor, will require an Act of Parliament for its ratification. Such an Act will be subject to full debate and scrutiny and will be capable of amendment in whatever way Parliament wishes.

[Mr David]

rose—

[Mr Lidington]

Through this Bill we are making the Government more accountable to the British people for what they do in Europe. We are ensuring that any new proposal to take powers from this place to Brussels will involve the people in having the final say. I commend the Bill to the House.

Question put, That the amendment be made.

Cyprus

Wayne David Excerpts

Tuesday 16th November 2010 Westminster Hall

[Mr Wayne David (Caerphilly) (Lab)]

We have had an important debate this morning. I commend the tone in which it has been conducted: serious, practical and honest. I particularly congratulate my hon. Friend the Member for Paisley and Renfrewshire North (Jim Sheridan) on securing the debate and on his opening speech, in which he showed his knowledge of and passion for the subject. He emphasised that we need a balanced approach to Cyprus and touched on the complexity of the issues confronting us, particularly missing persons and property ownership. Indeed, he is a true and honourable friend of Cyprus.

The hon. Member for Enfield, Southgate (Mr Burrowes) made a good speech, in which he warned us to be wary of what is sometimes termed “Cyprus fatigue”. We must all ensure that we are fully engaged with the issues and that we take the matter forward collectively. The hon. Gentleman, and others, referred particularly to remarks by my right hon. Friend the Member for Blackburn (Mr Straw). I should like to make it clear that in both his article in The Times and the interview on the “Today” programme, my right hon. Friend was expressing his entirely personal view. It is not Opposition policy. Labour’s policy, I believe, is unchanged. We are focused foursquare on ensuring that maximum support is given to the talks at the United Nations in New York this week. We encourage both parties to work together harmoniously to come to a just, fair solution.

We heard from my hon. Friend the Member for Mansfield (Mr Meale), who talked about the abyss of partition—a highly graphic way to put it, and I am sure that we are all mindful of what he said. We also heard from my hon. Friend the Member for Edmonton (Mr Love), whose wise words stressed the need for us to be impartial in ensuring that both communities together reach a mutually agreeable solution. The hon. Member for Hendon (Mr Offord) powerfully expressed his concern about the destruction of artefacts in the north of Cyprus and the need to protect places of worship.

We are at an important stage in what will, we hope, be moves towards peace and reconciliation in Cyprus. I emphasise that Labour believes in a comprehensive, just and lasting settlement for the whole island. Our view is that only a settlement that is negotiated by Cypriots for Cypriots, and acceptable to both sides, will ensure the future of Cyprus. We support a unified Cyprus and a Cypriot-led process under the auspices of the United Nations. We do not support a solution that is imposed or enforced by others. The United Kingdom must offer its full support to the negotiations that all Cypriots want to succeed.

When Labour was in government, we proposed that 50% of the land currently in UK sovereign bases in Cyprus be made available to a united island once a resolution was found. We hope that that proposal will be taken forward by the current Government when the two sides resume their talks.

Oral Answers to Questions

Wayne David Excerpts

Tuesday 9th November 2010 Commons Chamber

[Mr Hague]

It is my long-standing position—and, I think, that of my hon. Friend—that any treaty that transfers new areas of power or competence to the European Union should be subject to a referendum. Clearly, there are still consultations about what form a treaty change might take. It is clear beyond doubt that the United Kingdom will continue to be exempt from any sanctions under the stability and growth pact and we established at the last Council that any possible future treaty change would not affect the United Kingdom and would not transfer power or competence from the UK to the European Union.

[Mr Wayne David (Caerphilly) (Lab)]

Given the promises made in the Conservative party manifesto, will the Foreign Secretary tell the House whether the Government will be bringing forward proposals to repatriate powers from the European Union? Yes or no?

[Mr Hague]

The Government’s position is set out in the coalition agreement. What is also clear from that agreement is that one of our top priorities in Europe is to bring realism to budgeting in the European Union since the hon. Gentleman’s party gave away many billions of pounds of the British taxpayer’s money for nothing in return the last time the financial perspective was negotiated, in 2005. The answer to his question is that our top priority in seeking change in the European Union is to ensure realistic budgeting in the future.

Oral Answers to Questions

Wayne David Excerpts

Tuesday 6th July 2010 Commons Chamber

[Mr Browne]

We continue to work closely with the Afghan Government. On the specific and narrow issue of programme funds, I can again reassure the House that our relations with the Afghan Government and our efforts in Afghanistan go way beyond anything that we are spending on programme funds. It is an absolute central top priority of the British Government.

[Mr Wayne David (Caerphilly) (Lab)]

3. What recent reports he has received on the political situation in the Kyrgyz Republic; and if he will make a statement.

[Mrs Madeleine Moon (Bridgend) (Lab)]

10. What recent discussions he has had with the government of the Kyrgyz Republic on the political situation in that country.

[The Minister for Europe (Mr David Lidington)]

Our ambassador is in regular contact with the authorities in Kyrgyzstan. We are deeply concerned by recent events in that country where the situation remains fragile. Both we and our international partners believe that the political process now under way represents the best chance that we have to ensure peace, the rule of law and democracy for all the people of Kyrgyzstan.

[Mr David]

Clearly, the situation in Kyrgyzstan remains difficult, but does the Minister agree that it is vital that we have maximum co-operation between the Organisation for Security and Co-operation in Europe, the United Nations and the European Union?

[Mr Lidington]

I agree completely with the hon. Gentleman, and I hope that next week, when I attend the OSCE ministerial meeting in Kazakhstan, I will be able to talk to colleagues from all those parts of the world about the way forward.