European Union (Approval of Treaty Amendment Decision) Bill [Lords]

Lord Hague of Richmond Excerpts

Monday 3rd September 2012 Commons Chamber

[The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)]

I beg to move, That the Bill be now read a Second time.

As the House will know, the reason for the treaty change that the Bill approves is the crisis in the eurozone. That crisis was predictable and, in fact, predicted by some present in the House. The existence of monetary union without fiscal or economic union has led to severe economic strains in a number of eurozone countries and permitted the build-up of excessive debts by some members to an unsustainable level.

I have always opposed Britain’s membership of the euro, as Opposition Members will no doubt recall, not only because of the single currency’s flawed design, but because of the limitations that it would impose on our national democracy. I think that there is now near-national consensus that we are better off with our own currency; I say “near” because the Leader of the Opposition has said that Britain could join the euro if he were Prime Minister for long enough—a pretty good reason for not allowing him to become Prime Minister at all.

None the less, there are solid majorities in every national Parliament in the eurozone that wish to retain their membership of the single currency and see it restored to stability. They have their reasons for that, and we should respect them. Obviously, it is also crucially in our interests for the eurozone crisis to be resolved. As the—

[Mr William Cash (Stone) (Con)]

Will my right hon. Friend give way?

[Mr Hague]

It is a little early, even for my hon. Friend. In a few paragraphs, I will of course give way to him—probably more than once, I should imagine.

The Governor of the Bank of England has said that the crisis is casting a black cloud of uncertainty over our economy. Eurozone countries could take a number of measures to bring about a resolution, and the decision about which are the right ones is for them. One measure that has been decided is the European stability mechanism, a permanent financial assistance mechanism established by the eurozone for the eurozone, to help eurozone countries that get into difficulties. The amendment to article 136 of the treaty on the functioning of the European Union confirms the ability of the eurozone countries to do that. The simple purpose of the Bill is to approve that decision.

[Mr Cash]

rose—

[Mr Hague]

I shall now give way to my hon. Friend.

[Mr Cash]

I am most grateful to the Foreign Secretary. Why in his own judgment and opinion is he prepared to invoke the exemption arrangements, the effect of which is to say that the matter does not really affect United Kingdom businesses, as was set out in the explanatory notes to the European Union Act 2011? Plainly, the implosion in Europe does affect us, and this failed attempt to put a sticking plaster on an increasingly impossible situation is simply making the position worse.

--- Later in debate ---

[Mr Hague]

Clearly, the economic crisis in the eurozone—“implosion”, as my hon. Friend terms it—affects us enormously, but so do many other things in the world such as the deficit of the United States and the economic policies of China. What we are dealing with is the approval of one change to article 136—a change that concerns eurozone countries and gives certainty to the creation of a treaty purely for those countries. It has an additional benefit for the United Kingdom, to which I shall come in the course of my speech.

I do not pretend for a moment that the ratification of the decision or the establishment of the ESM alone will solve the eurozone crisis. As the present situation shows, many other things are needed for that solution. For the long term, sustainable public finances and globally competitive economies in all the eurozone’s member states are needed. Those tasks are vital not just for eurozone countries to succeed but for the United Kingdom as well, and are at the heart of this Government’s programme.

[Kelvin Hopkins (Luton North) (Lab)]

I thank the Foreign Secretary for giving way. He has talked about resolving the eurozone crisis, but the measure will just pour good money after bad. Will not the ultimate resolution of the eurozone crisis come only when certain countries are allowed to leave the eurozone, recreate their own currencies and expand their economies again?

[Mr Hague]

Different solutions can be advocated and the hon. Gentleman is advocating what he thinks would help as a solution. However, the point that he and I have to bear in mind is that those countries—their national Parliaments and democratically elected Governments—wish to stay in the eurozone. That position is different from the one that he and I have always taken on the United Kingdom, but that is their wish. Therefore in practice we are dealing with that situation. We want those countries to succeed in stabilising the eurozone.

Let us take the worst-case scenario—the hon. Gentleman’s assumption that the measure would pour good money after bad. What we are ensuring is that money from the United Kingdom taxpayer is not going after other money, good or bad, giving assistance to eurozone countries. The Bill provides solely for the parliamentary approval of an amendment to article 136 of the treaty on the functioning of the European Union, which makes it clear that the eurozone member states may, by means of a separate intergovernmental agreement, establish a financial assistance mechanism—the European stability mechanism, or ESM—without acting in contravention of their obligations as member states of the EU.

As the House will know, this is not the first time that this treaty amendment has been considered and approved by Parliament. Before the Prime Minister agreed to the treaty amendment decision in March last year, a motion in favour of the draft decision was passed by both Houses under the provisions of the previous legislation—the European Union (Amendment) Act 2008. Before our Act of last year, that was all the parliamentary scrutiny and control required for the Government to agree to a change in the EU treaties under the simplified revision procedure.

In our view, those provisions were grossly inadequate, so at that time my right hon. Friend the Minister for Europe committed us to bringing the decision before the House again under the more stringent parliamentary scrutiny of what was then the European Union Bill. Indeed, we introduced an amendment to that Bill, now section 5(6), to enable the treaty change to be subject to the Bill’s provisions once it entered into force. That Bill has become the European Union Act 2011 and any use of the simplified revision procedure now requires an Act of Parliament for ratification. That is why this Bill is being presented to the House.

Having gained the approval of Parliament in March last year, the Prime Minister formally agreed to the decision at the following European Council. The decision must now be ratified by all 27 member states before the amendment to article 136 can enter into force. Eighteen member states have now done so. The target date for entry into force, as set out in the European Council decision, is 1 January 2013.

The scrutiny process under the European Union Act 2011 began in October last year, just under two months after its relevant provisions came into force, when I laid a statement before Parliament, to which my hon. Friend the Member for Stone (Mr Cash) has referred, under the provisions of section 5 of the 2011 Act. I set out in that statement why the decision does not trigger the requirements for a referendum set down in the European Union Act 2011.

The proposed amendment to article 136 applies only to member states whose currency is the euro. Consequently, it does not transfer further competence or power to the EU from the UK. The opinion set out in the statement was open to judicial review, but in the intervening 11 months no one has sought to challenge it in the courts. To ensure timely ratification of the decision, which is strongly in our country’s interests for reasons that I will now come to, the Bill was introduced in the Lords, where it was passed without amendment. Should the Commons now grant its approval, the Government intend to ratify the treaty amendment by the end of this year.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Is this really such a big change in the scrutiny of how these things are done? Since we joined the European Union, has there ever been an amendment to the European treaty that did not require an Act of Parliament?

[Mr Hague]

Without the Act that we passed, the change that we are debating would not have required an Act of Parliament. Therefore anything similar achieved under a simplified revision procedure would also fall into that category.

[Mark Reckless (Rochester and Strood) (Con)]

Surely my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) was saying that throughout the history of the European Union every treaty amendment has required an Act of this House, so what we are doing today is no different from what has been done in the past.

[Mr Hague]

Yes, but in the past we did not always have the simplified revision procedure and the provisions of the Lisbon treaty that most Government Members—or rather most of us in the Conservative part of the coalition—opposed when the legislation was passing through this House. Even without this change in scrutiny, there would now be far greater scope for treaty changes without the passage of an Act of Parliament.

[Mr Denis MacShane (Rotherham) (Lab)]

rose—

[Mr Hague]

For entertainment value, I give way to the right hon. Gentleman.

[Mr MacShane]

The Foreign Secretary’s two colleagues have made important points. This treaty requires ratification by the Parliaments of the eurozone and it is going through that parliamentary ratification. The notion that it could simply have been nodded through as a statutory instrument is silly. It is quite an important treaty, and this Parliament is right to be adopting it tonight; other Parliaments are doing likewise.

[Mr Hague]

Yes, other Parliaments are doing that in their own various ways. My point is that the reason this requires the full examination and passing of a Bill is the passage through this House of the European Union Act 2011, which the right hon. Gentleman probably opposed if he voted on it. A much briefer procedure was required under the European Union (Amendment) Act 2008, which he supported. Parliamentary scrutiny has been enhanced by the recent change, and I am merely establishing that point. [Interruption.] Labour Members are reminding me that they did not vote against the EU Act 2011—although they were probably unable to vote for it. Having taken so many positions on the holding of a referendum, they decided not to have a position at all.

As the House will remember, the background to the ESM is that in response to the first Greek crisis, the previous Government, in their very last days, agreed to the establishment of two emergency instruments to respond to financial crises. The first is the European financial stability facility, an emergency facility established intergovernmentally by euro area member states. It has been used to provide loans to euro area member states in financial difficulty. The UK is not a member of that facility and has no exposure to financial assistance provided by it. The EFSF will operate alongside the ESM up until its wind-down by the end of June next year. The second is the European financial stabilisation mechanism, or EFSM. This allows the Council to agree by qualified majority a Commission proposal to provide assistance using money raised on the financial markets, backed by the EU budget. It has been used for assistance to Portugal and the Republic of Ireland, for which we also contributed a bilateral loan.

In the new Government, we have never thought that that was a satisfactory state of affairs. It was a questionable use of article 122 of the treaty on the functioning of the European Union. An inability to access the markets because of the unsustainability of public finances is not a natural disaster, and it is hard to argue that it is an exceptional occurrence beyond a country’s control, and those were meant to be the criteria for the use of article 122. When qualified majority voting was introduced into the provision under the Nice treaty, we warned the then Government of the risk, and that warning was dismissed. The amendment to article 136 gave us the opportunity to deal with the problem, and we took that opportunity. Britain is not in the euro, we are not going to join the euro, and we should have no liability for bailing out eurozone countries.

On coming to office, therefore, the Government found established a mechanism which enabled the Council of Ministers to decide by qualified majority voting to allow the European Commission to raise funds on the capital markets guaranteed by the headroom in the EU budget—about €60 billion—for loans to eurozone countries. We must grant that thus far this has not cost the British taxpayer a penny. The money is borrowed from the markets by the European Commission against the headroom in the EU budget. It must be granted that these are only contingent liabilities that would be called on only if Portugal or the Republic of Ireland defaulted on their loan obligations. However, it is still not right that a country outside the euro should be obliged to assume contingent liabilities for matters that are clearly the responsibility of countries that are in the euro. That is why this Government were determined to bring the situation to an end, and we have succeeded in our goal. That is a good example of this Government repairing the damage caused by the last one.

[Mr David Nuttall (Bury North) (Con)]

I am extremely grateful to my right hon. Friend for giving way, because we have come to the crux of the matter. Will he please confirm that if the Bill goes through and reaches the statute book, this country will have no further liability whatsoever under the European financial stabilisation mechanism and will not be called on to contribute any further?

[Mr Hague]

That is what has been agreed. I am going to examine, in what my hon. Friend or other hon. Members might find painstaking detail—[Interruption.] Actually, I can see that some of my hon. Friends will not find it painstaking. I will go through this in detail to give full, frank and maximum assurance to my hon. Friend and others.

Not only does the new mechanism, the ESM, which is limited to eurozone countries, supersede the EFSM; crucially, the decision that the Bill approves and which is being ratified by all other EU countries reflects in its recitals, or preamble, an agreement that article 122

“will no longer be needed for such purposes”,

The Heads of State or Government have therefore agreed that it should not be used for such purposes. Therefore, when this decision is ratified, our liability for future euro area financial assistance programmes under the EU budget will be removed. That is a great gain for British taxpayers and, because it fetters the use of article 122, a shift of a power from the European Union to the United Kingdom.

[Mark Reckless]

Will the Foreign Secretary give way?

[Mr Hague]

No, I am going to explain quite a bit of this, and then I will give way to my hon. Friend again.

The House will want to know how our contingent liability under the EFSM is being brought to an end and—this was the question asked by my hon. Friend the Member for Bury North (Mr Nuttall)—how sure a protection we have against any future use. First, when eurozone member states agreed to bring forward the introduction of the ESM at the ECOFIN meeting on 23 January this year, the Chancellor won agreement from his fellow Finance Ministers that the EFSM would not make any new commitment as soon as the ESM comes into force, which we expect to happen this autumn when the German ratification process is complete. That is an important political agreement. Secondly, there is the decision that we are approving in the Bill and which all our European partners have agreed to ratify by the end of this year. The fourth recital to the decision reflects the agreement reached in the European Council to close off the future use of the EFSM or any such mechanism under paragraph (2) of article 122. As I have said, we expect every country to have ratified the decision by the end of this year.

Those present who are cynical about the ways of the European Union—and there are such people here; in many respects I share a lot of their cynicism—may ask what would happen if, notwithstanding the decision, the Commission made a proposal to reactivate the EFSM or something like it. First, that would be a breach of a political agreement unanimously reached in the European Council, recorded in the Council conclusions, and reflected in the preamble to a decision unanimously agreed at the European Council and soon, we expect, to be ratified unanimously by all EU countries under their respective constitutional requirements. If, despite all that—this is an extreme hypothesis—the Commission made such a proposal and somehow received a qualified majority, the British Government would of course challenge any such measure before the European Court of Justice, citing the agreement of all EU member states in the European Council and the fourth recital to the decision in support of the argument that any such measure would be in breach of the clear intention of all EU member states and that article 122 would no longer be needed and should not be used for this purpose. Those would be very strong arguments indeed. That is the protection that we have secured against any future obligation to participate in bail-outs, and it is a good one.

[Mark Reckless]

Is there not a fundamental inconsistency in the Foreign Secretary’s position? On the one hand, he says that ratifying the European Council decision of 25 March 2011, which amends article 136, will affect only member states in the eurozone and not the UK, and that he therefore does not need a referendum. He then goes on to say, “Ah, look at recital (4) within the decision. That will mean that the mechanism cannot be used to impose costs on the United Kingdom in future.” That is surely a fundamental inconsistency.

[Mr Hague]

No, it is not. The decision relates to a treaty being created for the eurozone countries. In conjunction with that and at the same time, as is reflected in the fourth recital, the Prime Minister secured agreement at the December 2010 European Council that article 122 would not be used. That is absolutely clear. If my hon. Friend wants to argue that we should have a referendum on our not being liable for eurozone bail-outs any more, he can do so, but I will not agree. That is not the kind of thing that we had in mind when we passed the European Union Act 2011; nor would it do any good to the good name of referendums.

[Mr Jenkin]

My right hon. Friend is in something of a Catch-22, which he is skilfully trying to obscure from us. If the article basis for the May 2010 mechanism was illegal or questionable, why do we need this legislation to get out of it and why did we not challenge it? If it was not illegal, why is it necessary to amend the treaty to legalise a different mechanism? The very fact that the European Commission and the other member states have agreed to the treaty amendment, which effectively does away with the no bail-out clause that was so central to the passage of the Maastricht treaty, means that they admit implicitly that the original mechanism had an illegal treaty base.

[Mr Hague]

I do not agree with my hon. Friend. The reason we do not challenge that and want to proceed with the process is that we have secured something very important in parallel with it that is potentially enormously beneficial to this country and its taxpayers.

[Mr Jenkin]

Which is what?

[Mr Hague]

I can go over that again. It is that article 122 will no longer be used for eurozone bail-outs. It may be my hon. Friend who faces a Catch-22 here, because he just cannot bear the idea that a Bill that says “European something” on it might be good for the country. This Bill is good for the country. Even those of us, like him and me, who are very sceptical about many aspects of the European Union have to admit that securing an agreement that means that we are no longer liable for eurozone bail-outs and that does not harm the country in any other way is, in the words of our noble Friend Lord Flight in the other place, a “no-brainer” to support. That is why I hope that the House will support the Bill.

[Mark Reckless]

Will the Foreign Secretary give way?

[Mr Hague]

No, I will not give way any further. [Interruption.] The right hon. Member for Rotherham (Mr MacShane) will never see me go native on European subjects.

The ESM is being set up under an intergovernmental treaty that was signed on 2 February by the eurozone member states. That treaty is now being ratified by those 17 member states. It will come into force as soon as euro area member states representing 90% of the capital commitments to the fund have ratified the intergovernmental treaty.

The treaty amendment that Parliament is being asked to approve in the Bill does not establish the ESM. Our clear view—this is part of the answer to my hon. Friend the Member for Harwich and North Essex (Mr Jenkin)—is that the treaty amendment is not legally required to set up the ESM. Eurozone member states, in particular Germany, want the legal certainty that the amendment provides, partly because of article 125, which is the no bail-out provision that he talked about. The UK, of course, will not ratify the ESM treaty because it has not signed up to the intergovernmental agreement, is not part of the eurozone and is not going to be part of the eurozone. The intensification of the crisis led eurozone member states to agree to bring forward the introduction of the ESM to this year. Their position has not changed the timing of the ratification.

Members may also be aware that a legal challenge to the validity of the decision amending article 136 is currently being considered by the European Court of Justice. The Irish Supreme Court is seeking a ruling on whether it is valid, whether the ESM treaty is compatible with EU law, and whether eurozone member states can establish the ESM before the article 136 decision enters into force.

We are wholly satisfied that the decision is valid from a legal perspective, but it is absolutely right that the Irish Supreme Court seeks the ruling of the European Court of Justice, particularly because Ireland is a member of the eurozone and a signatory to the ESM treaty. We do not expect the ECJ to find against the decision in any way, but should it find the decision invalid or the ESM incompatible with EU law, there would need to be a new ratification process. A failure to approve the decision would, naturally, have an unfortunate effect on our trading partners in the eurozone by undermining certainty about the legal validity of their firewall, and it would leave unratified the decision, the importance of whose recitals to us I have explained. That would be unfortunate from our point of view.

[Mark Reckless]

Will the Foreign Secretary give way?

[Mr Hague]

No, I have given way several times to my hon. Friend.

The case for the Bill is straightforward. It means the end of any new contingent liability under the EFSM, and the end of any such future bail-out contingent liability.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

Will my right hon. Friend the Foreign Secretary give way?

[Mr Hague]

No, I am concluding my speech.

The UK will no longer be exposed to any future programmes of financial assistance for the eurozone through the EU budget. The Bill will help our friends and neighbours in the eurozone, whom we wish to see prosper, in their search for financial stability in their currency area. This House has already agreed, under previous provisions, to the Prime Minister signing the treaty amendment. I hope that its merits mean that it will be approved again under the new and vastly more rigorous provisions that we have put in place. I commend the Second Reading of the Bill to the House.