Common Foreign and Security Policy

Jesse Norman Excerpts

Monday 1st February 2016 General Committees

[Mr Lidington]

It is part of the Lisbon treaty and permits the Council to entrust the conduct of a CSDP mission to a willing group of member states smaller than the entire EU membership, allowing those without an interest in the mission to give it their political blessing without actually having to participate. Under article 44, a coalition of the willing could therefore take on a mission under the EU banner with the support of EU infrastructure and spending programmes. Italy and a number of southern member states are particularly keen on that at the moment because they are talking about a further CSDP mission in the Mediterranean.

The article has the potential to be useful because it would provide a way to reflect the reality that it is inevitable in a diverse EU membership that member states have different levels of interest in particular crises. It will be no shock to the Committee if I say that Malta is concerned about what is happening in Libya and that Lithuania is concerned about the situation vis-à-vis Russia and Ukraine. Article 44 will add value only if it has some different rules that allow for greater flexibility of action. By definition, the article is likely to be used when not all member states want to be fully engaged in a mission and therefore use of the article should not come with an automatic expectation of common funding from member states that have chosen not to participate. Those who want to take part should pay for it.

We can delegate a mission to a particular group of member states, but we are very reluctant to support the idea of delegating responsibility for that mission’s conduct, even if it is being conducted by only a minority of willing member states. In any use of article 44, we would want to insist that standards of planning, organisation, governance and spending oversight in the conduct of a mission remained just as high if it took place under article 44 as it would for any other EU mission.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

The Minister’s responses have raised a question in my mind about what the Government’s policy actually is; I hope he does not mind if I ask him about that in the context of this motion. Is the Government’s policy with regard to the EU to withdraw powers wherever possible in line with the doctrine of subsidiarity? Is it never to remit any further powers to the European Union? Is it to contemplate remitting powers to institutions of the EU where policy, and in particular, British policy goals are served by such a remission of power? Or is it to remit such powers if—and only if—such remission is purely temporary? I would be very grateful if the Minister clarified the policy.

[Mr Lidington]

To a large extent, one would need to look at the detail of the subject area being addressed. On my hon. Friend’s first question, it is certainly the Government’s position that in all areas of EU activity, the cardinal principle ought to be “Europe where necessary, national where possible”, and that action should be taken at a European level where we believe that will give genuine value added. We therefore want to see subsidiarity applied rigorously in areas of activity that fall within EU competence under the treaties.

When it comes to new powers, as my hon. Friend will know, we set out very significant checks in the European Union Act 2011 in the form of requirements for parliamentary agreement, primary legislation and in many cases, a referendum in this country before this or any future British Government could agree to the transfer of additional competences to the EU by way of treaty amendment or a new treaty.

I think there is certainly deep scepticism on the Government’s part towards the idea that EU competences need to be expanded. The Lisbon treaty already gives very significant competences to the EU. It is dangerous in politics ever to say “never”, and we do not know what the world will look like in five, 10 or 25 years’ time, but I think it is good that we have those checks in place on the statute book to ensure that if any future Government were tempted to agree to an expansion of EU competences, they could do so only with the full support of Parliament, and in most cases, of the British public in a referendum.

When it comes to the additional exercise of powers within an existing competence—for example, with the proposal for a new justice and home affairs measure—we will, in that particular case, make a judgment, based on our assessment of the national interest, as to whether it is in our interest to participate or not participate in that measure. Where the matter falls within the EU’s treaty competence already and where we do not have the opt-out—for example, single-market matters—part of our negotiating approach would be to press for the principles of subsidiarity and proportionality to be observed fully.

Motion made, and Question proposed,

That the Committee takes note of European Union Document No. 11083/15, Main aspects and basic choices of the CFSP (part II, point E, paragraph 25 of the Interinstitutional Agreement of 2 December 2013)—2014: Draft Annual Report from the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament; and welcomes the constructive coordination between EU Member States and Institutions to achieve a range of positive foreign policy outcomes.— (Mr Lidington.)

[Mr Rees-Mogg]

I thank the Minister for his answers; he has shown once again that he has a full understanding of this issue and a comprehensive, encyclopaedic knowledge. There is a “but” coming, which I know he anticipates, and I am afraid to say that it is this: he is defending business as normal, which is a complete contradiction of the Government’s renegotiation strategy. On the one hand, in the next major area for Europeanisation of British competence and power, the Government are allowing things to move steadily in the direction of more Europe, while they are arguing for minor returns of power in the renegotiation. The two just do not go together.

The overwhelming majority of what is happening in the European Union is leading to ever-closer union, and Her Majesty’s Government are doing essentially a synthetic renegotiation to pretend that they are serious about returning powers. All the pages in front of us are about developing increasing competence over foreign affairs and defence for the European Union, and things have been moving in that direction for some time. The Government go along with that and have not been enthusiastic about scrutiny because they do not want it shown up that that is the direction of travel. That fits in with the overall picture of a steadily growing single European state.

[Jesse Norman]

I am interested in the line of thought my hon. Friend is developing. Does he think there is a potential tension between the drift he describes in the area of foreign security policy and the European Union Act 2011, which attempts to constrain what the Government can do in terms of granting, if not new competences, at least things that amount to new competences?

[Mr Rees-Mogg]

My hon. Friend makes a good point. The 2011 Act is a good Act as far as it goes, but wide areas are not covered by it and do not require a referendum.

We have the steady move of powers to the EU, and we have the good manners of the Government in the Councils of Europe not wanting to cause a fuss. When it is a question of whether we should upset our friends in Europe or stand up for proper scrutiny in this House, the choice is easy for the Minister: he does not want to offend our friends in Europe, so he does not veto a report that is extremely late, where the High Representative has been slow, lazy and tardy, regardless of the fact that it offends the House of Commons. Why? Because he is a good European and because he wants to go along with it.

It is not so much about the formal side of things, which is indeed protected at the highest level by a referendum, but the steady day-by-day accretion of powers, allowing more things to happen under the competences that already exist and pushing those competences to the edges. My hon. Friend the Member for Hereford and South Herefordshire is the distinguished Chairman of the Select Committee on Culture, Media and Sport—an area where there is almost no EU competence, but the European Scrutiny Committee still receives documents in that area, where the EU is beginning to evolve an interest.

That is where the Government are not being strong enough. They are not showing the backbone that I have called for them to develop over the past few years. They are allowing this to go through because they do not want to stand up to it; they probably believe in it, but they know that the British people do not like it, so we get a little bit of a renegotiation on the edges. This document is symptomatic of what is going wrong, and I urge my very civilised right hon. Friend the Minister to be a little less civilised in the Councils of Europe and a little more robust.