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Mr. John Hayes (South Holland and The Deepings): I am pleased to have been present for a good part of our deliberations on this subject, because it is a matter of great significance and importance to the House and the nation. It is now clear that the Government do not see it that way. If they did, they would not have tabled the guillotine motion.
I can do no better than amplify the comments of my right hon. and learned Friend the Member for Folkestone and Hythe (Mr. Howard). I, too, went to "Erskine May". As a new Member, I sought guidance. I have not the experience, wit or charm of the Foreign Secretary. I am a humble patriot and a representative of ordinary men and women who value their freedom and independence. As my right hon. and learned Friend the Member for Folkestone and Hythe has already suggested, "Erskine May" describes the use of the guillotine as
After looking at "Erskine May", I considered the precedent for the use of guillotines. In this regard, I refer hon. Members to the debate on 1 July 1986, when the then right hon. Member for Bethnal Green and Stepney, now a Labour peer, Lord Peter Shore, debated the European Communities (Amendment) Bill--not the one that we are dealing with today, but an earlier incarnation. On that occasion, he argued forcefully against the use of the guillotine. What grounds did he use? He said that the Bill was:
After studying "Erskine May" and precedent, I sought an explanation for the Government's extraordinary course of action. I studied the evidence given by the Foreign Secretary to the Select Committee on Foreign Affairs on 4 November 1997. Of course, much of the loss of power which the Amsterdam treaty offers to the British people relates to the extension of qualified majority voting and subsequent loss of our veto. The right hon. Gentleman said of that:
We have already heard a great deal about the treaty in respect of those policies, but I want to explore the fundamental truth about the treaty--it is a significant attack on British sovereignty. The Daily Telegraph--which I imagine is not widely read by Labour Members--[Interruption.] I look at The Guardian now and again--for the sport. The Daily Telegraph described the treaty as a degree of constitutional masochism and a
The nature of the European debate is deliberately obscured and the plain facts distorted either by dressing them up in esoteric rhetoric or by the Euro-technique of using bizarre and colourful metaphors. We all know what they are: we are on a train or in a fast car or a slow car--presumably not a racing car, in the light of current circumstances. In short, we are always on some sort of journey to a pre-ordained destination over which we have little choice. It is rather like going on holiday to a place that one knows little about and will not especially like; the assumption is that that is the only place available to spend the vacation.
The result of this esoteric European debate is that the ordinary man and woman in the street feels isolated and remote from it, powerless to do anything about it. The saddest phrase that a democrat can hear is one that we frequently hear about the debate on Europe: "We don't understand it, so we leave it to other people. We aren't sure what it means, so we have to leave it to the experts." When a democrat hears such expressions from ordinary voters he--or she--should be very sad indeed.
Now, let us examine in detail what the treaty actually does. We heard in earlier speeches some discussion of unemployment. In that context, I want to draw particular attention to article 13, with which hon. Members will, no doubt, be familiar. The inclusion of religion, belief and
sexual orientation in the article--we are back to equal opportunities here--establishes a principle which may be given legal effect by the European Court of Justice. That could mean that Church schools could lose their freedom to employ only staff who support the ethos of the school. Faith-based voluntary organisations in the private sector could also be affected. Article 13 could restrict their freedom of association and their ability to employ only people who profess and practise in accordance with the organisation's beliefs and that, of course, does not apply to Christians alone. Employment law changes created by article 13 could have dramatic effects on those areas.
We have also heard about the worrying extension of the powers of the European Court of Justice over a range of other areas, and the greater powers for the secretary-general of the Commission, with little or no accountability, in foreign and security policy. There is also, of course, the matter that we were discussing before the guillotine motion was introduced--the significant extension of qualified majority voting.
Is this all in line with what we were promised when we decided to join the European Community? Of course not. Hon. Members will remember what happened at the time. As a young Conservative, I campaigned for a yes vote. I am prepared to bare my soul now and admit that. I was duped along with all the rest.
Indeed, I am still in favour of an association of sovereign nations, a free-trade Europe with countries combining and co-operating to get the best possible deal for their citizens. Of course Conservatives are pro- Europe--[Laughter.]--but pro-Europe in the sense and the spirit in which the people of Britain voted for Europe in the first place.
We were expressly told that there was no possibility of federalism. Do we all remember? To illustrate, I shall quote from the document that was distributed at the time, "Britain's New Deal in Europe". I remind Labour Members that many of them will have helped to distribute that document and used it to defend the idea of a yes vote in the referendum.
"Britain's New Deal in Europe" says:
The document continued:
"the extreme limit to which procedure goes in affirming the rights of the majority at the expense of the minorities".
It goes on to say that the harshness of the procedure is
"to some extent mitigated either by consultation between the party leaders or in the Business Committee".
Has there been appropriate and proper consultation between the party leaders on the tonight's guillotine? I suggest that there has not. The introduction of this guillotine has been exercised with ruthless disregard not only for the House but for the subject of the debate.
"not just another Bill relating to our domestic affairs . . . it is a Bill that directly affects the power of Parliament.
Precisely the same words could be used in tonight's debate. I am sure that Lord Shore would share the same opinion about the Government's behaviour tonight.
What is special about the Bill is that it gives legislative effect to a treaty concluded with other nations--the member states of the EEC--and upon whose institutions it confers additional legislative powers. Once passed, this measure cannot be repealed by a subsequent Parliament, unless that Parliament is prepared to tear up the underlying treaty itself".--[Official Report, 1 July 1986; Vol.100, c.937.]
"The use of the veto should only be exercised in circumstances of gravity and importance. The veto should not be exercised in circumstances which are frivolous or marginal."
The treaty will, however, reduce the powers of this sovereign state to veto legislation and it will extend to the procedures which allow for QMV in a range of areas. Perhaps those areas could be judged frivolous or marginal. Let us test them. Is employment policy frivolous and marginal? Is public health policy frivolous? What about equal opportunities--perhaps that is a little more frivolous, but I will not comment too much on that. [Interruption.] No, I do not want to distress the Stepford wives--there are only a couple of them here, but I do not want to upset them. Is regional policy frivolous and marginal? Is customs policy frivolous and marginal? Of course not. None of those policies is frivolous or marginal.
"self-mutilation of our democratic institutions."
A parallel difficulty in assessing the nature and extent of that mutilation is caused by the fact that the injuries are obscured by the coded nature of the language used to describe the problem.
"No important new policy can be decided in Brussels or anywhere else without the consent of a British Minister answerable to a British Government and a British Parliament. The top decision-making body in the Market is the Council of Ministers, which is composed of senior Ministers representing each of the nine member Governments. It is the Council of Ministers, not the Common Market officials, who take important decisions".
It is hard to believe that now.
"These decisions can only be taken if all the members of the Council agree. The Minister representing Britain can veto any proposal for a new law or a new tax if he considers it to be considered to be against British interests".
We have travelled a long and sorry road since then, and all without the consent of the British people.
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