European Union (Amendment) Bill

I will reach that point as I go through the amendments. I will not forget the point about unanimity. Indeed, from a sedentary position, I spoke about the unanimity rule within the setting up of the EAS. I shall comment briefly on some of the amendments. Amendment No. 13A calls for a report to be laid annually before Parliament certifying that nothing undertaken in pursuit of common policies and actions promoted in any international forum has restricted or will restrict the independent foreign policy of the UK. The CFSP is a tool which this Government use to further their policy aims. Where we agree unanimously a common policy with our European partners we stick to it, because we do not agree it if we do not think it is in the national interests of this country. The declarations have been partly read out and partly cited, either to confirm that we have got this absolutely nailed or used, depending on noble Lords’ views, to suggest that we do not have it nailed at all. I shall read out the two declarations. These were agreed unanimously by all member states. Declaration 13 states: "““The Conference underlines that the provisions in the Treaty on European Union covering the Common Foreign and Security Policy, including the creation of the office of High Representative of the Union for Foreign Affairs and Security Policy and the establishment of an External Action Service, do not effect the responsibilities of the Member States, as they currently exist, for the formulation and conduct of their foreign policy nor of their national representation in third countries and international organisations.""The Conference also recalls that the provisions governing the Common Security and Defence Policy do not prejudice the specific character of the security and defence policy of the Member States.""It stresses that the European Union and its Member States will remain bound by the provisions of the Charter of the United Nations and, in particular, by the primary responsibility of the Security Council and of its Members for the maintenance of international peace and security””." Declaration 14 states: "““In addition to the specific rules and procedures referred in to paragraph 1 of Article 11 of the Treaty on European Union, the Conference underlines that the provisions covering the Common Foreign and Security Policy, including in relation to the High Representative of the Union for Foreign Affairs and Security Policy and the External Action Service, will not effect the existing legal basis, responsibilities and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries and participation in international organisations, including a Member State’s membership of the Security Council of the United Nations””." I think that wording is crystal clear and that the UK’s independent foreign policy is protected. The noble Baroness, Lady Park, is not in her place, but she referred to the relationship between the External Action Service and the diplomatic services of existing European Union countries, particularly of ours. The noble Lord, Lord Stoddart, raised the same issue. We have had EU Commission delegations in third countries and international organisations since the 1970s. At the present time, there are 131 overseas delegations. They will be renamed Union delegations under the authority of the high representative. We believe that makes them more accountable through the high representative of the member states and ensures that they represent the Union as a whole—as defined by the member states—rather than those of just one of its institutions, in this case the Commission. It is about making better use of existing Union resources and better policy implementations. That will be an important element of how the service will bring together existing work that is going on. Of course we make clear in the treaty that the External Action Service shall work in co-operation with the diplomatic services of other member states. That is an important part of the work it will do. It will not be issuing visas for any other nation. It will be working in collaboration with existing diplomatic services and consular services. It will not be in any way replacing them. The treaty is clear on the establishment of the External Action Service. The EAS establishment is by unanimity. If it is decided to go ahead and establish it, that will be how it is established. Again, that is clear within the treaty. When I was in Brussels a couple of weeks ago, I spent some time talking about the potential for the External Action Service in terms of the opportunity it will give to bring together the different elements of the service to provide a better service through member states and provide opportunities for diplomats from countries all over the European Union who want to spend time working in the External Action Service. I see this as nothing other than a great move. I see nothing ambiguous about it. It will be important in terms of the development of supporting the policies of the European Union. I hope that noble Lords will agree with that. Amendment No. 14 aims to exclude the UK from having to comply with EU action taken under the common foreign and security policy. The noble Lord, Lord Pearson of Rannoch, spoke with brevity about this amendment. We have agreed by unanimity our policy in the Council. Of course, we want to see it delivered and respected by all member states, otherwise there is no point in agreeing it unanimously in the Council. If member states did not comply with what they had agreed, then the whole thing would be completely unworkable. That is just inexorable logic. The new wording requires that member states shall comply with the Union’s action in this area. I would say that that is simply common sense. We have agreed something unanimously because we all want to do it. Therefore we all do it. That is it. In reply to the noble Lord, Lord Tebbit, about binding future governments, the noble Lord will know that it is a basic principle of international law that the signatories of a treaty respect the provisions of the treaty. That is why they have signed it. United Kingdom Governments, on coming into office, have always accepted the international obligations and rights which they inherit. To do otherwise would be to undermine, in my view, our international standing. There is nothing new in substance in any of this. The Maastricht treaty in 1992 stated: "““The Member States shall support the Union’s external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity””." It also made clear that member states were obliged to ensure that their national positions complied with the positions which they had just agreed in the common foreign and security policy. Of course, noble Lords who do not want us to be part of the European Union do not like that. I completely accept that. But the fact is, if you sign up to something you agree to it. It is as simple as that. Amendment No. 15A calls for the Secretary of State—