I think the amendment is excellent, worthy of the whole Committee’s support. Although enlargement is a very good thing—I agreed with the Minister when he set out the advantages and confirmed that bringing new member states in has been beneficial to the United Kingdom—countries need to be ready for it. We know, however, that some countries that have acceded have not been ready: their criminal justice systems have not been ready; their procedures against corruption have not been fully thought through; and the independence of their judiciary could not be guaranteed. With Croatia, there are even questions relating to the independence of the police, and some difficulties in passing legislation to ensure that the police are politically independent.
I therefore view it as a good thing that Parliament should have a further opportunity to approve the Bill before it is enacted. I know that there are other ways of doing that. It is, I suppose, a gratifying thought that the Bill could be vetoed and that the Queen could exercise her ancient power not to approve it. I say that as we approach the 300th anniversary of when that last happened. It would restore an historic precedent if the Government were to decide that Croatia was not ready to join and that the Bill should be vetoed. I think that the Norman French would be “la Reine s’avisera”, or the Queen will take advice—words that have not been used since the reign of Queen Anne—and this would allow further deliberation on the Bill.
It would probably be better in this more democratic age, compared with the reign of Her late Majesty Queen Anne, to have a parliamentary process that would be the final authorisation of the ratification of the treaty under our normal constitutional processes, as set out in the European treaty. That would be preferable to using a rather antiquated, if perhaps romantic, way of delaying the Bill’s coming into law. No doubt the Government will say that they could delay handing in the instruments of ratification of the treaty to the European community, but again that does not seem to me to be an ideal way of proceeding. If doubts remain about Croatia’s readiness to join, the decision should be a parliamentary one rather than a prerogative one. Failing to hand in the instruments of ratification is in many ways much the same as vetoing the Bill outright. It is using the royal prerogative rather than a parliamentary procedure.
I therefore think that my hon. Friend the Member for Bury North (Mr Nuttall) has come up with an excellent amendment—much better than the one I tabled, which was tabled out of a concern that Croatia will change the way the budget of the European Union operates. I wonder whether it is sensible to allow a new member state to join when we are using roll-over budgets. It strikes me as a risk that by the middle of next year, we might have an unstable procedure of financing the European Union—one that relies on the fall-back position set out in the treaty rather than on an new multi-annual financial framework—which would put a strain on the EU’s ability to meet the commitments it has made to Croatia by allowing it to become a member, and would leave confusion and dissatisfaction on all sides. It would be better to have the multi-annual financial framework in place before the formal ratification of the treaties went through.
I hope that the Government will think carefully about the amendment and about the process they are going to adopt. The amendment proposed by my hon. Friend the Member for Bury North would allow this House and, indeed, the other place to reconsider the eligibility of Croatia to join the EU and whether it was suitable under the circumstances prevailing at the time—if, for example, the multi-annual financial framework had not been agreed or, indeed, if there were some other problem. Between now and next May, who knows whether Greece and possibly even Germany along with Finland and all sorts of countries might have left the euro, deciding that it was kaput—a German word, I believe, which I occasionally use in this Chamber, as allowed by “Erskine May”, which grants the odd quotation of foreign words? We could find that we have agreed this magnificent Act of Parliament, written on the finest vellum, signed in
the finest ink, but that it proves ineffective because circumstances will have changed and there is no fall-back position other than a rather heavy-handed use of the prerogative power to prevent the instrument of ratification that we have approved going further along the line, leaving us having approved Croatia’s membership when there are all these other factors that might make it unsuitable.
The European Scrutiny Committee was looking at whether Croatia is, in fact, ready to join. I am not the greatest admirer of the European Union, and allowing countries that are a little bit corrupt and a little bit fishy to join gives me an opportunity to criticise the EU a bit more and to say, “Look, we are letting in dodgy types and corrupt Governments”. We could be letting in people with judicial systems that are not right, yet still benefit from the European arrest warrant. I am thus speaking against my own interest as a critic of the European Union, but it shows how broad-minded and sympathetic I am to the Government in supporting the amendment. It secures and provides ballast for the Government, allowing them to proceed with confidence and panache in getting Croatia to become a member, making it certain that when the documents are finally lodged, everyone is happy that Croatia will fit in with the EU—like the final piece of the jigsaw that people fear they lost behind the sofa but has finally been found, rather than one that is a big dog-eared and bent that needs to be pushed or squeezed in. I hope that the Government will, in their wisdom and thoughtfulness, accept the amendment because it will protect and help them.