European Union (Amendment) Bill

My Lords, I welcome the opportunity to participate in this important debate. I start from the basis that I am pro-Europe. I believe that the EU and our membership of it have been of considerable benefit and I am generally in favour of closer involvement. However, some questions arise that I think require explanation from the Government, at least as regards the Lisbon treaty. Our debate takes place against the background that all the major political parties promised a referendum. It is now claimed that the new Lisbon treaty is not a constitution and that the referendum promise related to a constitution that has been abandoned. We are told that the treaty is fundamentally different and that therefore a referendum is not necessary. On the other hand, many voices have been raised, including some very expert voices, to the effect that the new treaty covers much the same ground as the constitution and that the substance is not much different, except perhaps the wording. Moreover, the Government claim that they have negotiated protocols and opt-outs, or opt-ins, representing a system of red lines that allow the UK to exempt itself from certain provisions. In this way, it is apparently believed that the treaty will become more acceptable to those who are sceptical. I would like to speak about those red lines. The Charter of Fundamental Rights was proclaimed in 2000. It is given legal status in the Lisbon treaty and in content is almost the same as in the draft constitution. Trade unionists have always seen in the charter a declaration of the right to bargain collectively on behalf of members and to take industrial action, although the latter right is somewhat constrained by the requirement that such action be proportionate and undertaken only as a last resort. It appears that the UK and Poland, albeit on a different basis and in a different context, have negotiated not an opt-out, as some have suggested, but a protocol. The intention of the protocol was to maintain the primacy of domestic law in this sphere. However, according to the report of the House of Lords European Union Committee, the protocol is simply interpretive; in other words, the courts will ultimately decide. In view of the greater powers allotted to the European Court of Justice in the treaty, the final decision may well lie with the ECJ despite the protocol, but this is by no means clear. Nevertheless, the question arises: why did the Government think it necessary and then declare it as one of the red lines specifically covering UK interests? This could have an unfortunate symbolic effect. Why are UK citizens to be denied rights that would otherwise be available under the charter? The TUC raised this issue sharply in its evidence to the House of Lords European Union Committee. The TUC welcomed the charter, but was concerned that the existence of the protocol might hinder access to existing EU-based workers’ rights and that, in the future, it could restrict the ability of UK citizens to claim rights through the ECJ, thus eventually leading to a widening difference between the rights of EU and UK citizens. The TUC therefore raised sharply the issue of why the Government had thought it necessary or desirable to negotiate the protocol. I hope that the Government’s argument is not, yet again, the need to preserve our wonderful flexible labour market, which tends to be flexible for employers rather than workers. Our economy relies, perhaps far too much, on financial services and we are already beginning to see rising unemployment in that area. Manufacturing jobs have been lost in the last decade. Rights for workers are necessary to achieve and maintain a stable workforce, no matter what the proponents of the free market may maintain. Why should a Labour Government seek to undermine such rights, or at least appear to be doing so? Another negotiation undertaken by the UK Government resulted in the provision of an emergency brake for social security measures for migrant workers and their families. At the same time, there is provision in the treaty promoting the rights of the child. I wonder, therefore, how the emergency brake that the UK negotiated is likely to affect the children of migrant workers. What is the purpose of the brake? If migrant workers are here legitimately, why restrict their rights? What is the purpose of that? It may well be that the red lines are not expected to have much of an impact but are there simply to deal with some of the questions raised by those who otherwise might oppose the treaty, but I doubt whether they will have that effect. Indeed, the more I study the material that has become available, the closer I come to the view that very considerable changes of a constitutional nature are intended in the Lisbon treaty. There will be a full-time President and a high representative on foreign affairs, with what appears to be much more co-ordination on foreign policy. A President and a Foreign Secretary? That sounds very much like a constitution. The European Court of Justice is to have much greater power. It is to have massive jurisdiction over the European Parliament, the European Council, the Commission and the European Bank, as well as over member states, and it will be able to take them to task for improper acts or even failure to act in ways prescribed by the treaties. Penalties and fines can be levied to enforce its orders. These are constitutional issues. For the reference to the ECJ and its powers, I am indebted to my noble friend Lord Wedderburn and the pamphlet that he has written for the Institute of Employment Rights, of which I am a member; the pamphlet is to be published on Friday. I regret that he has been unable to attend the House today to put his views before your Lordships. The treaty covers an enormous range of issues on which changes may be envisaged in the future, including energy, the environment, agriculture, fisheries, social affairs, migration, security, foreign affairs and criminal law. Then there is the procedure for the revision of the treaties—known as the passerelles, or bridges—enabling procedural requirements or adjustments to be made without formal treaty provision. Currently, such decisions require unanimity. Under the treaty, qualified majority voting will take its place, so the UK could lose its veto. Indeed, I think that there are at least 40 instances where QMV will replace unanimity. The House of Lords European Union Committee itself envisages that substantial changes will be necessary in its own procedures should the Bill be passed. I therefore feel that claiming that this is a treaty without far-reaching constitutional changes will not be acceptable to many people. Indeed, despite my commitment to the European idea and a belief that closer involvement should be embarked on, I feel unhappy that the Government continue to claim, via this Bill, that a referendum is unnecessary.