Europe Day

Lord Tomlinson Excerpts

Tuesday 28th June 2011 Lords Chamber

[Lord Howell of Guildford]

Some departments and some public institutions do fly the flag if they wish to do so. I repeat to my noble friend that the flying of flags is not connected with the very strong policy we have in relation to the European Union, in which we are paying a very active part and dare I say a slightly more successful part in some areas than was the case under the previous Government.

[Lord Tomlinson]

My Lords, would the Minister accept that the flag that is being talked about should not be referred to as a European Union flag? It is also the flag of the Council of Europe, and it was its flag long before it was adopted by the European Union. In view of the fact that later this year we assume the presidency of the Council of Ministers of the Council of Europe, will he make sure that we do not cause unnecessary offence during our presidency?

[Lord Howell of Guildford]

Of course one will make sure of that. I do not think I said “European Union flag”; if I did, it was certainly a slip of the tongue because rather than talking about the European flag, I was referring to the union flag of this union in which we live.

Armenia: Genocide

Lord Tomlinson Excerpts

Thursday 16th June 2011 Lords Chamber

[Lord Howell of Guildford]

I will write to the right reverend Prelate on the precise wording of guidance on that. Behind it, there is always the concern that it is a matter to be settled between Turkey and Armenia. They are trying their best to do so and we must be very responsible and careful about any moves or acts of recognition or acceptance that would upset a delicate but very important process. I know that it is a natural impulse to feel, as the noble Baroness, Lady Flather, indicated, that we want to express our outrage at what occurred, but the best way forward is between these two countries.

[Lord Tomlinson]

Does the Minister recognise that Armenia and Turkey, as well as Azerbaijan, all work together very constructively in the Council of Europe and, at a political level, in the Parliamentary Assembly of the Council of Europe? That body, which serves such useful purposes on so many disputes that still exist in the wider Europe, is currently being starved of money by having much less generous settlements of its already meagre budget by comparison with the settlements that are being made for the European Union budget. Will the Minister look at that and make sure that the Parliamentary Assembly of the Council of Europe and the Council of Europe, with their roles in relation to the European Court of Human Rights, are getting adequate resources to do their valuable work?

[Lord Howell of Guildford]

Of course I will look at that. We recognise that at this time everyone is having to trim back on the availability of resources, but I am absolutely at one with the noble Lord on this matter. The Council of Europe is a very valuable forum in which the very long-standing and difficult disputes of the area can begin to be effectively resolved.

European Union Bill

Lord Tomlinson Excerpts

Wednesday 8th June 2011 Lords Chamber

[Lord Waddington]

My Lords, I find the amendment rather strange. I certainly agree that a poor turnout may be taken as complete lack of interest in having a referendum on the issue, but a poor turnout certainly could not be taken as support for the measure in question. One must remember what sort of measures we are talking about: these are measures that cede more power to the European Union. So if there is a low turnout, the one thing that is absolutely certain—along with the fact that there may be lack of enthusiasm in voting at all—is that there is minimum support for ceding more power to the EU. That seems to me to be an absolutely rotten reason for handing the whole matter back to Parliament. Half the trouble at present, and the reason there is so much distrust over this whole area, is that people feel that, over the years, Parliament has been far too fast to cede more powers to the EU.

As I have said before, it seems extraordinary that when the people give to our parliamentarians the opportunity to use certain specific powers they then spend the whole of a Parliament handing over those powers to other people. No wonder there is a lack of understanding of what is being done in the people’s name. It is pretty nonsensical to say that if there is a low turnout in the referendum, we should hand the whole matter to Parliament, which is half the cause of the trouble in the first place. After all, it is Parliament which the public feel, with fairly good evidence, cheated them of the opportunity of a referendum when Lisbon turned up as a rehash of the European constitution. That is one of the causes for the Bill. We are having a Bill now to try to rebuild some of the lost confidence in the EU, and we should judge the amendment by that problem. As far as I can see, the amendment would add to the problem rather than reduce it.

[Lord Tomlinson]

When I heard the noble Lord, Lord Waddington, speak about nonsenses, that seemed to be a cue inviting me to participate in this debate. The noble Lord talked extensively about ceding powers to Europe, but the very essence of the Bill is that the issues subject to referenda are issues that require unanimity in the Council of Ministers. The Government have every power that they need; they have only to say no and by that process they can stop any ceding of powers to Europe or anywhere else. They can deny unanimity. That is not what it is about. The idea that the Bill is the last bastion defending the rights of Englishmen, to stop his rights being transferred to Brussels, is really the argument of the knave who knows better, because it does not do that at all.

If we are to have what I believe to be nonsensical referenda inflicted on us, there has to be at least some measure to give a minimum standard of credibility to the referenda. Like the noble Lord, Lord Richard, I am not particularly happy about the amendment, although I will support it. The idea of putting to a referendum an issue where people can vote for or against does not really transfer sovereignty to the British people. I would far rather see a question with four options: “For”, “Against”, “Don't know” and “Don't care”. If we had that, considering some of the issues which will be subject to referenda, I suspect that it would be a combination of “Don't know” and “Don't care” that would win in every case. The amendment would not give us a great deal of protection, particularly as, as I said, power already rests in the hands of Ministers. If there is such a reluctance of Ministers to use the power that they already have, an honourable retreat is available from Government to the Back Benches, so that they can continue their impotence from there. When the Government have every power that they need, they also need the political will to use it, not to use a fig-leaf argument trying to bind a successor, in circumstances where they seem to be predicting their imminent defeat at the next election.

European Union Bill

Lord Tomlinson Excerpts

Tuesday 17th May 2011 Lords Chamber

[Baroness Nicholson of Winterbourne]

My Lords, I am a little dazzled by the complexity of the millions and billions and almost trillions of pounds and euros that the noble Lord, Lord Pearson of Rannoch, has laid in front of us. Indeed, while I was listening to him most closely, I recalled a moment of great happiness when I was begging for charity recently and I received a cheque with so many zeros that they fell off the end of the cheque. I ran around saying to someone else who could add up more closely in the charity, “Look, look, look, we have done exactly what we want to do”. He pulled me down to earth and he said, “Do be careful—this is a cheque from Burkina Faso”. When it was added up, it came to about $5.

The arguments put forward by the noble Lord, Lord Pearson of Rannoch, while in no way impugning, by this comment, his grasp of finance and passionate loyalty to the European Union’s holding on to her old funds, make me wonder whether in fact this amendment does not belong in the Bill at all. In other words, is he offering us the king with no clothes? Surely this Bill is about the transfer of powers and competencies. It is not about the transfer of finance, which should enable the European Union to carry out the powers and competencies it already has. In other words, this is not a Bill that enables us successfully to argue various different figures about financing of the European Union. My suggestion is that this most interesting amendment does not in fact belong here at all. It is correct and proper, incidentally, that the European Union should be suitably funded for the competencies that the member states have authorised it to carry out.

There is also the problem that this figure simply does not take into account our contribution from the United Kingdom to the EU budget in terms of inflation. How would the noble Lord react if, for example, the UK goes over the £10 billion mark, but proportionately our contribution is in fact smaller? That could be the case with the growth of Germany and other economies: our proportion—our net contribution—could be proportionately smaller but might be larger than £10 billion. In the calculation of our UK contribution—the net versus the gross—the timing of the UK’s actual contribution needs to be taken into account. This amendment is impractical on timing grounds alone, because our contribution generally comes in after the event.

It is, of course, natural that I would be likely to disagree with the noble Lord, Lord Pearson of Rannoch, on his comments that we have diluted sovereignty from the United Kingdom in joining the European Union. I will disregard the temptation to go down that channel, otherwise we will not make any progress on this amendment—save to say that in foreign affairs and defence and security, if I could dare tempt him with that wicked phrase, we have greater strength, power, and a wider outreach with our European Union member state partners than we could possibly ever have standing, talking and trying to influence alone.

In fact, I suggest that this matter is in complete contrast to the measures that we, and other member states, have already introduced to make significant savings in domestic budgets. Of course, I agree with the noble Lord profoundly that we should empower our Ministers, our civil servants and our diplomats to argue as forcefully as possible against the sorts of increases that, sadly, the European Commission and the European Parliament have recently demonstrated that they want. That argument is, without question, right and proper, but to do that we need to empower our Ministers and diplomats. We cannot do that if we bring this type of amendment forward and claim that the mere transfer of money transfers competencies to the EU. It does not. That is why I suggest this amendment should be discussed in another Bill, at another time and in another place.

[Lord Tomlinson]

My Lords, the House should be grateful to the noble Lord, Lord Pearson. I want to congratulate him on lightening the mood of the House after what has been a pretty dismal day. We had the attempt this afternoon to introduce proposals that amount to constitutional vandalism and there will be no proposal for a referendum on that. The noble Lord, Lord Pearson of Rannoch, has today conducted himself in a way that is worthy of our congratulations for his fertile imagination, which I hope somebody will recognise as qualifying him for consideration for the Booker prize for creative fiction.

If we come to the substance of what the noble Lord, Lord Pearson, was saying, he inevitably gets his estimates somehow sort of right. Our membership of the European Union costs us somewhere between 4 per cent and 10 per cent of our GDP—not much of a margin; the odds are that he is going to be somewhere within that sort of range, but it lacks precision.

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[Lord Pearson of Rannoch]

My Lords, perhaps I could try to make it make sense for the noble Lord. There are some huge differences between the money we pay to the European Union and the money we pay to the other institutions that he has mentioned. There is, of course, the question of quantum; without a cost-benefit analysis, we will not agree the figures, but from what I said today and on 3 May, we are looking at a cost of EU membership possibly in the region of £100 billion a year.

There is also another very important point. These other institutions that the noble Lord has mentioned do not make our law. They do not make the majority of our national law—it may be—in secret. They do not have laws proposed by the unelected Commission in secret, negotiated in secret by COREPER, passed in secret by the Council and imposed on the people and this Parliament by the European Union. These other institutions certainly are not in the same class. If we are having referendums, I do not think that it would be a bad idea to have one on NATO and other institutions. The British people would probably agree them, for the reasons that the noble Lord gave. The one that they will not agree is the one on the European Union.

[Lord Tomlinson]

The noble Lord referred yet again to this question of a cost-benefit analysis. How is he proposing to define “benefit”? He wants to have the cost-benefit analysis, but he has told us we get no benefit. Will he give us a clue about what definition of “benefit” would satisfy his demand?

[Lord Pearson of Rannoch]

My Lords, if the noble Lord would be good enough to read my Bill, which is now top of the waiting list and is sitting in the Printed Paper Office not very far away, he would understand how we propose to go about a cost-benefit analysis, with a truly independent committee of inquiry reporting to Parliament and the people. However, the noble Lord makes a very good point. Although I am often asked this question, I cannot think of a single advantage or benefit that we have had from our membership of the European Union that we could not have had by friendly collaboration and free trade with our good neighbours in Europe.

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Debate on whether Clause 6 should stand part of the Bill.

[Lord Tomlinson]

My Lords, Amendments 42, 43 and 44 have already been debated. I remind the Committee that the three amendments relate to Clause 6, and would delete successively paragraphs (c), (d), (e), (f), (g), (h), (i), (j) and (k). That is why I have given notice of my intention to oppose Clause 6 standing part of the Bill. I merely rise to say those few words now, and do not propose to press the matter now, but it is something to which we might return later.

[Lord Taverne]

My Lords, I have taken part only occasionally in this debate. I have been fascinated by the display of knowledge manifest in this House of the workings and procedures of the EU. However, regarding the clause as a whole, at least three important points have emerged. The first applies very much to the Liberal Democrats. The noble Lord, Lord Liddle, was absolutely right when he pointed out that the coalition agreement does not in any way countenance our support for, or compel us to support, referenda on passerelles or non-treaty changes that transfer power. The agreement is explicit on this and talks about transfer by treaty amendments.

That concession was made during the coalition negotiations. It is something that we have to put up with. Personally, I deeply regret it, because we have heard time after time from government spokesmen that it is necessary to have these referenda in order to restore trust. There is no evidence whatever that having referenda improves trust. The Netherlands had a referendum on the constitution, and trust has not increased since then, but anti-EU sentiment has grown. France had a referendum on the constitution. Again, since the referendum, there have been no demands for more referenda, and opposition in France to the European Union has grown. It may grow even more after events in the Sofitel hotel. It is very important that on the Liberal Democrat Benches we recognise that we are not in any way compelled to support Clause 6, with its stream of referenda.

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[Lord Hannay of Chiswick]

The Minister explained very patiently that the Bill was a compromise. He admits that it was not provided for in the coalition agreement, which provides only for referendums on treaty change. I shall not gainsay that. It was a compromise between the Government and a noisy minority of one of the two parties in the Government who made all the running in the House of Commons. We are just waiting for the compromise with the rather large majority of those who have spoken in this House—I think it was 35 at Second Reading—of which there has been from the government Bench no sign whatever.

[Lord Tomlinson]

I shall not oppose the clause standing part, but have one slight comment to the Minister. He referred to compromise, but I remind him that he said earlier that the Bill was a compromise between incompatible policies. We shall come back to this later, because there is incompatibility. At the moment, I can see it being removed only by the withdrawal of Clause 6. However, I am content to accept his advice.

Clause 6 agreed.

European Union Bill

Lord Tomlinson Excerpts

Monday 9th May 2011 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, this is not entirely new. We all understand that Her Majesty's Government have often said in Brussels that they can make only partial agreements, subject to a parliamentary scrutiny reserve. That is the normal way in which we proceed. The noble Lord is very experienced in this regard and will recall a number of instances in which decisions have had to be taken with parliamentary scrutiny reserves on board.

On the requirements of Clause 6, we are, after all, talking about the consequences of joining in with unanimity decisions that will involve the transfer of power and competences. That is the “added” part. Otherwise, the complex negotiating processes of Brussels, in which a number of noble Lords here are extremely expert, will continue with Her Majesty's Government and the Governments of a number of other member states saying that they can agree to something only subject to later parliamentary approval. That is the established practice of the Germans, the Danes, us, the Finns and others. The Bill might not be as elegant as the noble Lord, Lord Hannay, would like, but it merely restates the familiar circumstances from the Lisbon treaty ratification Act.

[Lord Tomlinson]

I am grateful to the Minister for giving way, but he leaves me rather confused. I try to think of the big picture all the time. Here we are trying to inspire the British people, to eliminate their scepticism about Europe, and to get them to love Europe and to feel connected to it. How on earth do some of the things that the Minister is talking about make a single contribution towards that process? He makes the British Parliament sound more bureaucratic than the worst European bureaucrat.

[Lord Wallace of Saltaire]

I simply do not accept what the noble Lord has said. I have been quoting from an Act from the last Government—his Government and that of the noble Lord, Lord Davies of Stamford, who was a Minister in it and who has now rubbished it. The Bill restates established practice, which in no way means that the British national media will—

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[Lord Pearson of Rannoch]

Before the Minister sits down, may I be allowed to put in a word on behalf of the Daily Express, about which he has not been wholly polite? Millions of people in this country actually welcome the campaign to leave the European Union which the Daily Express has started—it is the first national newspaper to have done so. Whatever noble and Europhile Lords might feel about the Daily Express, I would at least like to put in a word on behalf of the rest of us.

[Lord Tomlinson]

Before the noble Lord sits down, is he aware that these millions of people who follow the Daily Express campaign with such avidity brought such success to UKIP in the local elections?

[Lord Wallace of Saltaire]

I apologise for introducing this tangential issue into the debate on the amendment, and I really do think it is time for the noble Lord, Lord Liddle, to respond.

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[Lord Tomlinson]

I am grateful to the noble Baroness, but when she romanticises about the 1975 referendum, would she perhaps reflect that it was a rather shoddy device from the Labour Party, to which I belonged at that time, and the House of Commons? That party did not have a decisive policy in relation to Europe, and this was the shoddy compromise to make sure that we got away with it.

[Baroness Nicholson of Winterbourne]

I am perhaps just a few days younger than the noble Lord. What I recall as a campaigner with my father, my uncles and my cousins, was that we wanted to put forward the maximum amount of knowledge to the voters. All I am suggesting—and I think, correctly, that it is evidence based—is that the information flow is now so weak that nobody in the United Kingdom knows very much about the European Union at all. Indeed, the level of ignorance is shameful and it has to be put down to us in Parliament and to successive Governments. We have the knowledge and we should be putting it forward. The core purpose of this Bill is to reconnect—to use that wording again—with the British public, to bring the knowledge base forward. I suggest that these amendments would destroy that purpose, and that is not a proper thing to do. The public have a right to know, and if we do not tell them they cannot know.

The curious thing about the amendments is their self-contradictory terms and the disparity in what they seek to achieve. Some amendments propose to extend referendum provision to common fisheries policies, rights of citizens and the ECHR, which is outside the parameters of this Bill. The Bill does not transfer those powers or competences from the UK to the EU, so it is a very curious set of amendments.

The amendment that troubles me most of all is the one that would remove our capability to stop qualified majority voting with the veto for areas in common foreign and security policy. I hardly need to remind the noble Lord, Lord Hannay, that Article 42(2) of the treaty of Lisbon states:

“The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides”.

Here I refer to Amendment 28A, which would remove our capacity to stop that happening sometimes. Article 42(2) goes on to say:

“It shall in that case recommend to the Member States the adoption of such a decision in accordance with … constitutional requirements”.

In other words, I am talking about irreversible decisions to transfer power and/or competences from the UK to the EU on issues such as a common EU defence policy—for example, with a European army, whereby the UK might lose its freedom to decide if and when we send our troops. There would have been no Libya; we would have had to wait for the Italians to agree, for example. Do those who propose the amendments recognise that that is what could very easily happen? A move to qualified majority voting from the veto on any important policy area in part 3 of the TFEU is set out in Schedule 1 on the common foreign security policy, enlargement and direct taxation. These are traditional red lines for us and these amendments would destroy our position.

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There is nothing whatever that is cynical in those of us who object to referendums when they would be inappropriate, or who believe that it is not the status quo but the proposals in the Bill which would be dreadful.

[Lord Tomlinson]

My Lords, I take great pleasure in following the noble Lord, Lord Goodhart. He dealt with that specific example of the European public prosecutor's office and quite rightly pointed out, rather rhetorically, how many would be affected. My question is: how many would care? In addition to his views that it would be a waste of time and money, I have one much more serious complaint about it. It would be the greatest democratic turn-off that we could have and would encourage a process of non-participation in public decision-making. Our democracy is in sufficient difficulty without us placing additional obstacles between the success of our democratic systems and the use of so-called democracy through referenda on many of these trivial issues.

The noble Lord, Lord Hamilton, spoke earlier about disillusioned citizens. My view is that Clause 6 drives a coach and horses through any sensible concept of parliamentary democracy. I can conceive of little that would more enrage our people than to see Parliament surrender its powers on anything other than the most serious constitutional issues in which the people ought to be engaged. We proudly go out and talk to all sorts of people about being the mother of Parliaments. I feel that with Clause 6 as it is, a lot of people might be tempted to question the paternity.

The noble Baroness, Lady Nicholson, reminded us that she has been a Member of the European Parliament. I remind your Lordships that I, too, spent 15 years in the European Parliament. To the best of my knowledge and belief, nobody at any time during those 15 years raised any of the subjects in Schedule 1, demanding to have a say in resolving such decisions.

[Baroness Nicholson of Winterbourne]

I cannot raise the question of age discrimination, because that is now illegal, but might it be a little before my time that the noble Lord was in the European Parliament, and that, for example, the section which I have just quoted from the treaty of Lisbon is entirely new? The noble Lord might realise that things have changed.

[Lord Tomlinson]

I am glad that the noble Baroness felt it necessary to point that out. However, since I left the European Parliament, I have had the privilege of representing your Lordships’ House in the Convention on the Future of Europe, which kept me a little abreast of some of the things that were going on. There is an idea that any one of the subjects listed in Schedule 1 is appropriate for public engagement through a referendum, in the hope that that will then provide the missing link to inspire the people of Britain in relation to Europe, but not one of them has that inspirational quality. If we are going to inspire people about Europe, as I said at Second Reading but will not repeat now, we have to address the issues of great concern: the environment, what we are doing on world poverty, the role of Europe in the world, and the things which we do together and which have created success, rather than engage them with every bit of trivia that we can imagine. In terms of referenda subjects, that is what Schedule 1 is.

As regards how we are going to behave, we have 56 areas of decision-making where referenda could overturn the wish of what we have always thought of as a sovereign Parliament. What are we really going to be saying to our negotiating partners? Will it be, “We’re really in favour of this measure but we can’t vote for it because we’re not allowed”, or, “If we give you a nod and a wink about being in favour of it, we have to put down a formal disclaimer? We certainly can’t abstain because that will be interpreted as support”. That will really be inspirational and reconnect the British people with decisions on Europe.

What will we in fact find ourselves doing? Rather than abstaining and giving reasoned objections, as regards many of the 56 areas of decision it will be easier and less absurd for a Government to vote against and to deny progress. In consequence, we will be marginalised in Europe, with other countries making each of the decisions that they need to in their national interest. We will be the defenders of their national self-interest by having created conditions that we cannot possibly fulfil.

We should be sensible about the Bill. I am not one who wants to make modest amendments to it; I think that it is a shoddy and shabby Bill that serves no useful purpose to the body politic and has no benefit of engagement, apart from to half a dozen anoraks in the odd referendum that there might be. If we really want to serve the British people, we will get rid of the Bill, and if we cannot do that, we should produce at least half a dozen sensible amendments that take the guts out of it, particularly Clause 6.

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[Lord Tomlinson]

There is an important further point to be made. This big, important constitutional issue was devised by those who opposed our membership of the European Union in order to be able to vent all their feelings. It was going to resolve the question. Was it not the fact that the same people who lost in the referendum came back within a few years trying to get a different result?

[Lord Triesman]

My Lords, it is of course entirely true. That is the other conclusion that one should draw from some referenda—that whatever the decision of the British people taken in a sovereign way, it does not stop anybody from coming back on future occasions.

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[Lord Pearson of Rannoch]

My Lords—

[Lord Tomlinson]

If you went to Rannoch Moor, they talk of nothing else.

[Lord Pearson of Rannoch]

Is the noble Lord not making the mistake commonly made by the political class in this country, which contains many distinguished Members of your Lordships’ House—

[Lord Tomlinson]

Including yourself.

[Lord Pearson of Rannoch]

Including myself? That is very generous. The mistake is in taking the line, “Really, the people won’t be interested in this. They shouldn’t be troubled with this as they won’t understand it”. Yet if you take almost any referendum on anything to do with the European public prosecutor's office, that will be of considerable interest to the British people. They do not like it and do not want it in any form whatever. The turnout on the most supremely boring of any imaginable subject—the recent AV referendum—was 43 per cent, which really surprised people. I have to put it to the noble Lord that the British people may not only be fed up with their political class but be beginning to have doubt in our system of representative parliamentary democracy. They may want a much greater say on matters in future, like the Swiss have, for example. What is wrong with that system to reconnect the people? That is the system to reconnect them and not, I am afraid, the approach of the noble Lord.

European Union Bill

Lord Tomlinson Excerpts

Tuesday 3rd May 2011 Lords Chamber

[Lord Lamont of Lerwick]

I do not accept that. I agree that it is designed to have an impact on the future and to prevent the creep of powers to Brussels. That is wholly right, because we have seen again and again how power has gone to Brussels, sometimes by indirect means and sometimes by means that some of us regard as questionable. We have seen again and again how referenda results have sometimes been rejected, and questions have been put again and again to the people of other countries until we had the right answer. This Bill is trying to say that we should not have a further transfer of powers, that we have had enough of those transfers, that there are plenty of powers to deal with problems that arise, and that we do not need any more powers as all the tasks of the European Union can be addressed through existing powers. We are therefore drawing a line in the sand, as long as there is a Conservative Government or a Conservative-Liberal Government. Future Governments can, of course, choose to repeal this legislation if they want to. That is their prerogative. We will, no doubt, address the sunset clauses later, but I do not go along with them. It is perfectly legitimate to state, “We are passing this legislation now and we intend it to remain”.

[Lord Tomlinson]

My Lords—

[Lord Lamont of Lerwick]

I am anxious to sit down, but I will give way to the noble Lord.

[Lord Tomlinson]

Perhaps the noble Lord can help me. He explained that in a number of areas power had gone to Brussels by what he described as fairly dubious means. I have not had the benefit of 20 minutes’ thought about that, but I cannot, offhand, think of any such example. Can he give me a couple of examples of what is worrying him about the dubious means?

[Lord Wallace of Saltaire]

The noble Lord is speaking from the Gangway and is therefore not in order.

EU and NATO: Peace in Europe

Lord Tomlinson Excerpts

Thursday 28th April 2011 Lords Chamber

[Lord Howell of Guildford]

My Lords, I think the noble Lord will agree that democracy is a many-layered concept. It requires the rule of law, good judicial standards, effective policing, fighting corruption, good and free business enterprise and freedom of the press. All those are areas where EU operations are effective. No one is saying that everything in the European Union is perfect at the moment. It obviously has major problems, particularly for those who are members of the eurozone, but it is unrealistic to dismiss all those very important elements of peace and democracy to which the EU contributes alongside the harder power that NATO can deliver.

[Lord Tomlinson]

My Lords, at the expense of trying to do some damage to the noble Lord, Lord Pearson, I say that I thoroughly agree with the part of his statement about democracy being the best guarantor of peace. Will the Minister confirm that the European Union buttressing emergent new democracies in Spain, Portugal and Greece made a major contribution in that area and therefore relieved NATO of many of the problems that it would otherwise have had in defending its southern flank?

[Lord Howell of Guildford]

As I said, I think the two things are complementary. I know that the noble Lord, who is a considerable expert on these issues, would not forget the role of the Council of Europe, originally set up at the instigation of this nation which took a lead, which has helped to bring values to the whole European continent. All three institutions have made their mark.

European Union Bill

Lord Tomlinson Excerpts

Tuesday 26th April 2011 Lords Chamber

[Lord Flight]

My Lords, it is a sad fact that this legislation is needed because successive Governments have let down the people of this country in failing to protect our national interests—particularly the last Government.

A sensible balance has been achieved in this Bill. There are as many items that do not require referenda as those that do require referenda. A reasonable, practical and sensible balance has been achieved. This amendment is about waiving the referendum in cases of urgency and national interest. I am not quite sure what that means, but it occurs to me that we are right now living at a time when several European countries are in dire financial straits, largely as a result of being uncompetitive, having adopted the common currency. I can just see a financial crisis coming up in due course in Europe and the classic argument being put that, in the interests of urgency and in protecting us from some of the contagion, there is an urgent need for the introduction of far greater collective decisions on matters fiscal and economic. This would be the ultimate objective of achieving a European state with fiscal and economic powers. Should this, as has been suggested, slip by under one of the three different new powers that we have for introducing measures without referenda if it qualifies as being in the national interest out of urgency? No, the Bill has struck a sensible balance, as I have said, and putting up a whole list of new potential excuses that should remove the need for referenda is merely ducking the issue and trying to weaken the impact of the Bill.

[Lord Tomlinson]

My Lords, I was not going to speak to this group of amendments, but I have been provoked by the previous speaker. He seems to suggest that we are implying in these amendments that there will be circumstances in which we seek to hide behind amendments such as these in order to deal with circumstances of economic and monetary convergence. We should, however, look at the current reality.

I have just come back from spending two and a half weeks with some of our continental friends in the European Union. Even though I am a teetotaller, I spent a number of hours in a number of quite agreeable bars speaking to expatriate Brits there, among others. They are not complaining about the strength of sterling and the weakness of the euro; they are complaining about the exact opposite. They are complaining about how weak the pound sterling is and how few euros it buys them in what they had anticipated would be golden years spent in the sunshine. I recall, when I first became involved in buying a property in Spain some five years ago, buying euros at the rate of 65p to the euro. Now I have managed to sell my house in Spain, I was able to repatriate money at the rate of 89p to the euro. That shows that the euro has improved by 38 per cent vis-à-vis sterling. There is a serious point to this, because when we talk about the rising costs of our membership of the European Union, they are the rising costs of a budget that is denominated in euros.

[Baroness Oppenheim-Barnes]

Does the noble Lord agree that, in view of what he said, it is somewhat surprising that the German economy is booming at the moment because of the weakness of the euro?

[Lord Tomlinson]

The euro might be weak in relation to some other countries, but it is certainly not weak in relation to the pound sterling. The pound sterling is doing abysmally in relation to the euro, and partly in consequence of that so is our budgetary contribution to the European Union, about which there are permanent complaints from Members opposite. Complaints are being made very merrily at the moment about what will happen if Mr Cameron and Mr Osborne fail to control the Commission with regard to the budget for next year, for which the aspirations are for an increase of 4.9 per cent. The 4.9 per cent is largely the product of the relationship of the pound sterling to the euro. We, and not just the countries in euroland, have a responsibility in that regard.

I think that your Lordships are becoming engaged in a rather tortuous argument. That started off with the noble Lord, Lord Waddington, who I think should be a worried man when he gets praise for what was the alleged excellence of his speech by the noble Lord, Lord Pearson of Rannoch. In his speech, he flipped over quite a number—

[Lord Waddington]

I was grateful for the intervention made by the noble Lord, Lord Pearson, because it enabled people to recognise the truth that there is he on the Eurosceptic wing, there on the other wing are the Europhiles, and here is the moderate centre.

[Noble Lords]

Hear, hear!

[Lord Tomlinson]

If that is the moderate centre, I wonder why I gave way so easily to the noble Lord, Lord Waddington, when he seemed somewhat reluctant to do so himself when he was on his feet. The intervention was not really worth the anticipated value.

Many of the points made by the noble Lord, Lord Pearson, during his speech were rather inaccurate, so just for the sake of making the record clear—

[Lord Pearson of Rannoch]

My Lords, on making the record clear, is the noble Lord referring to the noble Lord, Lord Waddington, or to me?

[A noble Lord]

I think he means to speak to the noble Lord, Lord Waddington.

[Lord Tomlinson]

Has the noble Lord finished? When the noble Lord, Lord Waddington, was speaking, I think I quote him accurately when he talked about Labour’s broken promise in relation to a referendum. That is not—

[Lord Waddington]

My Lords, I think I can say that there was a time when that might have been my view, but it is not what I said today. Even if you accept that the difference between the two arguments was enough to allow Tony Blair to say that there was no need to have a referendum, there were so many similarities that it was hardly surprising that many people in the country felt that they ought to have a shout, and that has added to the disillusionment. I was trying to avoid the argument which the noble Lord is now raising.

[Lord Tomlinson]

My Lords, now that we have had five or six sentences of clarification when I have managed to get only half a sentence out, the noble Lord, Lord Waddington, will now understand that I will not give way to him until I have finished my point.

The noble Lord made it clear that he thought the broken promise of the last Labour Government, the alleged broken promise, was a matter of fact. He knows perfectly well that he does not have to take just the clear points of argument which were the prevailing view in this House during the ratification of the Lisbon treaty; he can take points of view from places like the Dutch constitutional court. Having looked at the matter carefully, in its judgment the court made it clear that the issue on which there had originally been discussion of a referendum, not only in this country but in countries like Holland as well, was about a referendum on a constitutional treaty. By the time Ministers had finished at the Council of Ministers, there was no constitutional treaty and a referendum was no longer necessary because what we got was a change in the existing treaty base. It was the Maastricht treaty and the Treaty of Nice being changed in a similar way to that in which all previous treaties have been changed, so it would not be a constitutional treaty. So the point was never quite necessary.

My final point is that, again, the noble Lord, Lord Waddington, has attributed views to the former Prime Minister, my right honourable friend Tony Blair. When he checks his record about that which Mr Blair was alleged to have decided, he will see that it was not in fact true. It would be a hard task to show clearly where Mr Blair ever said that he was opposed to the role that was fulfilled by Javier Solana and subsequently is now being fulfilled by the noble Baroness, Lady Ashton.

European Union Bill

Lord Tomlinson Excerpts

Tuesday 5th April 2011 Lords Chamber

[Lord Tomlinson]

My Lords, it will not surprise anyone who was at Second Reading that I not only support the amendment so ably moved by the noble Lord, Lord Kerr, but think that no part of Part 1 is worth preserving. It is therefore axiomatic, as someone who is opposed to the whole of Part 1, that I support every aspect of deletion of the Bill—hence the various notices that I have given, along with colleagues, to vote against clauses standing part of the Bill. However, if the House were to be persuaded by the more gentle logic of the noble Lord, Lord Kerr, in relation to particular aspects, such as Article 48(6), I might well be prepared to concede, if individual clauses are so useless by the time they are amended, that a Motion to delete a clause might not be necessary.

Let us be absolutely clear—and the noble Lord, Lord Kerr, made it particularly clear—that Article 48(6) and the procedures laid down by it were debated in this House and in another place when we endorsed the Lisbon treaty. The article was endorsed by both Houses in the ratification process. All that it does, as our Constitution Committee pointed out with abundant clarity, is allow for the provision of Part 3 of the Treaty on European Union relating to internal policies and actions of the EU, and to them only, and subject to a restriction that this kind of decision shall not increase European Union competences.

Under this provision, the European Council, when it is debating anything proposed under Article 48(6), is required to consult the European Commission and the European Parliament and then to act in unanimity. In these circumstances, I should be very interested to hear from the noble Lord, Lord Howell, precisely which type of issue his normally extremely fertile mind can determine might be one to which we want to agree in the Council but we are fearful that we will incur the wrath of the British people and, therefore, may have to hold a referendum. It would help your Lordships’ House if we heard one or two illustrative examples of the sort of potentially excessive transfers of powers to the European Union that are causing Foreign Office Ministers to have sleepless nights.

I support the amendment. It is the least change that would be acceptable to many Members of your Lordships’ House. It should be carried if there are no persuasive arguments to retain this provision. If that happens, it may not be necessary to delete Clause 1, although obviously that option will remain available to us when we have completed the debate.

[Lord Deben]

I hope that the noble Lord, Lord Howell, can help us on this occasion, because I fear that if he does not, two problems will occur. The first is the way in which the Bill has been explained to people such as me, who hold the same view about Europe that we started with and have no intention of changing it because it is even more important now than it was when we began. We have been told that the Bill is merely a means whereby we can give the British people confidence that, should some very large change be made, there will be an automatic opportunity for them to give their view.

I do not believe in referenda in any circumstances. They are wholly unsuitable in a parliamentary democracy; they are a foreign invention used by people for ulterior motives; and they have never been part of the sort of society in which we live. I am ashamed that my Government have brought this forward. I am even more ashamed that the Liberal Democrats allowed an agreement with the Conservative Party to contain this element. I look forward to hearing an explanation from some noble Lords who stood side by side with me in debates again and again yet who allowed this to happen. However, it has happened and the excuse given to people such as me is that it is all right because it will be used only in extreme cases when probably one would want the information anyway, and we have to understand that we have moved on when it comes to referenda.

I have still to be convinced, and this does not help the convincing. The suggestion is that we reserve the right to have a referendum on something that cannot take powers from this country and give them to the European Union. Later I shall point out that there are many things that we need. I will mention quickly the need for greater European competence in energy, so that the Spanish will be able to feed their energy into the grid and will not be stopped by the French who want to protect their nuclear industry. That needs specific European powers. I can imagine going up and down the country, trying to explain to people why we have to have a referendum on energy moving from Spain to France, because the Government have trapped themselves with the Bill. However, that is for later. Here we are giving the Government powers to ask for a referendum on something that they do not need in the rest of the Bill; it is the most amazing proposal. I will come to my second reason when I have given way to the noble Lord, Lord Foulkes.

--- Later in debate ---

[Lord Foulkes of Cumnock]

I am grateful to my noble friend—I think I can call her that in relation to that contribution, just on this occasion.

I want to finish by following the point made by my noble friend Lord Tomlinson and asking the Minister to give us a few examples of the kind of things that would be dealt with. I suspect that we will not get many examples or, if we do get any, they will not be very convincing. The Government are reluctant to give us examples because, by giving them, ridicule would be poured on the Government because they are either so irrelevant or so minor.

[Lord Tomlinson]

If we cannot find prospective examples, can the Minister give us some retrospective examples of the things that the Government would have sought the authority in this Bill for?

[Lord Foulkes of Cumnock]

I am really grateful to my noble friend. That is exactly the kind of thing that I was seeking. I know this House, and I have the greatest of respect for the noble Lord, Lord Howell, who I have known for many years and who has been very helpful to me on many occasions. I really feel sorry for him that he has been asked to pilot this Bill through the House. I think it says a great deal for his dedication and his commitment that he is willing and able to do so.

--- Later in debate ---

[Lord Stoddart of Swindon]

I hear what the noble Lord says. His career and mine have been perfectly different. I am in favour of a certain number of referendums on very important issues. He says that the Bill will allow referendums on trivialities. I do not see that in the Bill at all and I am quite sure that any referendums would be on major matters that would involve the transfer of significant powers to the European Union.

[Lord Tomlinson]

The noble Lord is missing the fundamental point that the noble Lord, Lord Hannay, is making. We are not discussing all those wider issues; we are discussing referenda that arise from Article 48(6), relating to issues that are already specified as requiring unanimity, with the precondition that there is no further transfer of power. Those are the limited areas that we are discussing.

[Lord Stoddart of Swindon]

It really would be nice if I were allowed to answer one question before I was asked another. I was going to say to the noble Lord, Lord Hannay, who seems to object to me taking up the issue of referendums, that the whole debate has been about referendums and whether noble Lords agree with them. I am trying to show that referendums are a perfectly legitimate way of testing people’s opinions. We have had lots of referendums. We had them about devolution in Wales, Scotland and Northern Ireland. We have had all sorts of referendums and the voices of the people have been heard. We seem to have been having a second Second Reading debate, at least until now. Incidentally, I mentioned the noble Lord, Lord Howell, not because he is a Conservative but merely because, if a party puts forward a policy before the election and tries to carry it out, that is the essence of democracy. It would be undemocratic for a Government not to put that policy into operation.

Allow me to carry on for a moment. I shall not speak at great length, although I should like to. However, we have been considering the amendment for an hour and 36 minutes so far. I want to say this: if we had had a referendum, as promised, on the Lisbon treaty, this Bill would probably not be before Parliament now. It is because so many people were so offended that a referendum on that Bill was not agreed and carried out that we are now seeing a great deal of public anger about the European Union. It is a great pity. When the issue was put to this House and to the House of Commons, the fundamental changes in that Bill were such that it needed the consent of the people. The fact that that was not sought has caused a great deal of difficulty throughout the country. That is why we have this Bill.

I will not go any further. I am sure that the opposition Front Bench will want to say a word, because if I remember rightly it was the noble Baroness who took through the Lisbon treaty. No, it was not; it was the noble Baroness, Lady Ashton. Nevertheless, I know that the noble Baroness will want her say and I am sure that it will be worth hearing. I doubt whether there will be a vote but, if there is, I am afraid that I shall certainly vote against the amendment moved by the noble Lord, Lord Kerr.

[Lord Tomlinson]

Will the noble Lord clarify one point? He said clearly that there was a promise to have a referendum on the Lisbon treaty. That was never the case. The promise was for a referendum on the draft constitution. If the noble Lord has not understood by now the difference between the draft constitution and what became the Lisbon treaty, he does not have the perception that I believe he has on these matters.

[Lord Stoddart of Swindon]

I must say that I read the constitution and the Lisbon treaty and could find no fundamental difference between the two. That is why the people of this country believe that they were cheated when a referendum was not given to them.

--- Later in debate ---

Debate on whether Clause 1 should stand part of the Bill.

[Lord Tomlinson]

My Lords, I hoped not to have to move my opposition to Clause 1 standing part of the Bill. After the persuasive arguments of the noble Lord, Lord Kerr, I was hoping for a sufficiently clear explanation from the Government to have satisfied me on the point about Article 48(6). However, as we do not seem to have made a great deal of progress on that—I shall not tire the House by going over all the arguments—it is my intention to move that Clause 1 does not stand part of the Bill unless we reach a satisfactory arrangement in relation to the amendment of the noble Lord, Lord Kerr.

Clause 1 agreed.

European Union Bill

Lord Tomlinson Excerpts

Wednesday 30th March 2011 Lords Chamber

[Lord Howell of Guildford]

That it be an instruction to the Committee of the Whole House to which the European Union Bill has been committed that they consider the Bill in the following order:

Clauses 1 to 6, Schedule 1, Clauses 7 to 17, Schedule 2, Clauses 18 to 22.

[Lord Tomlinson]

My Lords, I raise one small point on this matter. So far on this Bill we have had Second Reading. We have also had the allocated dates for the first and second days of Committee. The date of Second Reading was 23 March and the dates for Committee will be 5 April and 26 April. The one thing that these dates have in common is that they are all Tuesdays and therefore clash with the meeting of the European Union Select Committee of this House. It strikes me as rather absurd that we should discuss the European Union Bill on all three days when it clashes with your Lordships’ European Union Select Committee. I raise no objection to this Motion, but I ask the Leader of the House whether he can look at this and make sure that we do not downgrade the work of the Select Committees in the way that these arrangements do.

--- Later in debate ---

[Lord Tomlinson]

Further to that point, if that was widespread concern across the House, perhaps it would have been better raised by someone who was in attendance at the debate.

[Lord Stoddart of Swindon]

My Lords, I was in attendance at the debate and was concerned at the way in which the noble Lord, Lord Pearson, was treated. The fact that he was able to take it with his usual good nature should not detract from the fact that some remarks were made in a spiteful way. That is not in accordance with the traditions of the House, and nor should it be. I am sure that the little debate this afternoon will be taken note of, and that future debates on European Union matters will be a little less vicious.