European Union Subsidiarity Assessment: Electoral Law of the EU (EUC Report)

Debate between Baroness Neuberger and Lord Inglewood

Thursday 4th February 2016 Lords Chamber

[Baroness Neuberger (CB)]

My Lords, I speak as a member of the EU sub-committee on justice. I, too, pay tribute to our chairman, the noble Baroness, Lady Kennedy of The Shaws, and to our advisers, who have been brilliant. There is very little to add to what has been said but I want to say something about why we felt this was so important.

One argument worth adding is an emotional one. A degree of irritation was felt at the report coming out just before Christmas at a time when parliaments were going in to recess around Europe and there was not time to respond. We have heard that both Dutch Houses did not get it, as far as we can see. We did get it but with very short notice, hence the rush to bring it to your Lordships’ House. So I think there is a degree of irritation.

This is a procedural issue. Like the noble Baroness, Lady Kennedy, I am rather sympathetic to the report—at least to the matters within on gender equality. I think that that is great but it is not the point we were looking at. It is important to emphasise that we all felt that at a time when there is considerable criticism of the European Parliament and of European institutions more generally, it would have been better—hence this iterative process we hope to engage in—had they stuck to their procedures so that we could stick to ours. We were unanimous on this and I think that for all of us that was the strong argument. Therefore, I think that this should be supported.

[Lord Inglewood (Con)]

My Lords, unlike the previous speakers I am not a member of the EU Select Committee or its sub-committee. But I was a Member of the European Parliament for 10 years and during that time served on the Legal Affairs Committee and the Constitutional Affairs Committee. It is a truism that it is very important that the European Union, and the European Parliament within it, works on the basis of conferred competencies. In other words, it can only do what it is permitted to do by the treaties that set the institutions up.

As I mentioned, I served a considerable number of years on the Constitutional Affairs Committee of the EP. It is one of its characteristics that in a chamber of enthusiastic pro-Europeans, it is one of the most enthusiastic parts. We saw only a few weeks ago, in the discussions on tax credits between this House and the other place, that parliaments are always angling to gain a bit of territory. You see this in a pronounced form from time to time in the European Parliament. But the important point about this proposal was mentioned at the outset by the noble Baroness: subsidiarity has nothing to do with the merits of the subject in question. The only issue is whether the European Parliament, in its proposals, which are after all not legislation but only draft legislation, has overreached itself. Having looked at it—although not at great length—I think there is a strong case for saying it has.

A separate but important aspect is whether the appropriate procedures have been adhered to. It seems pretty clear that they have not. Therefore, we are looking at a proposal from the European Parliament in the European legislative system, which, as currently drafted, breaches the principle of subsidiarity and which, in any event, has been brought forward in a flawed manner.