European Union (Approvals) Bill [HL]

Baroness Sherlock Excerpts

Monday 6th July 2015 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, I thank the Minister for explaining the measures in some depth and with the kind of enthusiasm which they frankly merit. I thank the noble Baroness, Lady Ludford, for raising the question of process.

I read the Bill and the Explanatory Notes and, indeed, the report of the House of Commons scrutiny committee quite carefully, and that is half an hour of my life that I am not getting back. By the end of it, I was still not much clearer as to what it was that was of such import in these measures that primary legislation should be required—a point made by the noble Baroness, Lady Ludford. Can the Minister enlighten the House? I fully accept that this is not my area of expertise—I do work and pensions. Are there any far-reaching consequences flowing from the draft decision on the participation of the Former Yugoslav Republic of Macedonia as an observer in the work of the EU Agency for Fundamental Rights? Does that in any way have an impact on any possible timeline for an application from Macedonia for future membership of the EU? Are there any other consequences which are not immediately apparent from the documentation?

I wonder if I can help the noble Baroness, Lady Ludford, on the draft decision in relation to the tripartite social summit. Initially, the former Minister of State for Employment, Esther McVey, seemed to take a similar view. She initially questioned the legal basis on which this was brought forward. The House of Commons European Scrutiny Committee reported the Minister as saying that the Government would,

“ask the Commission more fully to substantiate its reasons”,

for proposing Article 352 of the Treaty on the Functioning of the European Union as the legal basis for the draft decision. Further, because an Article 352 measure is subject to the requirements of Section 8 of the European Union Act 2011, a further assessment would then be needed by the Government to determine whether one or more of the exempt purposes set out in Section 8(6) of the 2011 Act would apply, as the Minister knows.

The committee asked the Minister to explain her reservations and whether she considered that there was any other legal basis on which this could have been brought forward. The committee said that it could not see that any of the statutory exemptions would apply in this case and asked the Minister to let it know what the basis was for her reservations. The Minister came back and confirmed, basically, that the Commission had taken the view that it had to bring it forward under Article 352 because there was no other suitable legal basis. She then explained the Commission’s reasoning for it. So we never really got to find out the Minister’s reservations in the first place. Could the Minister perhaps tell us whether there was any alternative to doing this? If not, the question from the noble Baroness, Lady Ludford, is a good one. Are we going to see a succession of minor measures coming through, all of which will require primary legislation?

I feel rather strongly about this matter, as I work in pensions often with the noble Lord, Lord Freud, and I have stood in the Moses Room scrutinising repeatedly the entire detail of universal credit, which is a reform of all working-age benefits, done in secondary legislation that this House cannot amend and on which scrutiny is limited. The Childcare Bill is going through this House at the moment, and most of the detail will be in secondary legislation. Yet we are assembled in all our grandeur here to look at the detail of what seem on the face of it, to my inexpert eyes, to be rather minor measures. I am quite sure that I have misunderstood it, and I very much look forward to the Minister’s explanation.