Select Committee on Foreign Affairs Minutes of Evidence


Examination of Witnesses (Questions 180-199)

MR DOUGLAS ALEXANDER MP, MR ANTHONY SMITH AND MR SIMON MANLEY

3 MAY 2006

  Q180  Andrew Mackinlay: I listened carefully to David Heathcoat-Amory's questioning of you which I actually enjoyed. I am completely at the other end of the pole to him, but I certainly deem myself to be pro-European, enthusiastically so, similar to yourself, but it did seem to me, listening and watching you, that were you were handicapped by one thing. The British Government had gone along with this is fiction that the Constitution was needed, whereas what you probably would have wanted to say to David Heathcoat-Amory, which I invite you to agree with, is basically, "Come off it. You are not suggesting that there should not be any more treaty changes." The history of the European Union is organic change. There have to be treaties from time to time to deal with circumstances to make the thing work. Surely that should be the response, that you cannot rule out treaty changes to meet what is sensible and agreed negotiated arrangements to facilitate the good management and stewardship of the European Union. What you do not need is all the paraphernalia and hype of the Constitution, which, I put to you, is actually now a handicap to you, because we went down that road, but what there will clearly be, and you would encourage it because it is good governance, are sensible and agreed changes and they will inevitably involve some treaty changes.

  Mr Alexander: I suppose our exchange reflected the extent to which, with no disrespect to our absent colleague, the debate has moved on, in the sense that when I read the comment of the Prime Minister saying, "Don't start with the rules, start with the reasons; they are needed", I think perhaps the honourable gentleman had difficulty believing that we were sincere in saying the focus of the Union's work should not be continually and exclusively institutional change. We actually made it worse for him than he imagines. We actually believed what we said during the British Presidency that you should start with whatever are the reasons but sensible rule changes are necessary and have an appropriate focus on those issues, and that is why the work that we initiated at Hampton Court did not conclude at the end of the British Presidency, but we are pleased to see it being continued in entering the next period of European policy-making, and so we are absolutely sincere in saying the focus of any reflection should not be a period of simple institutional internal conversation but instead the opportunity to say why is it that there are questions of efficiency in the minds of citizens cross Europe about the added value of the European Union? What practical steps can we take, both as the Presidency and as a Member of the European Union, to advance those practical issues—for example, the issue of energy that I have spoken of? As I say, I think the exchange perhaps reflected a certain degree of scepticism in his mind that the Europe Minister could be sitting in front of him telling us that the first known priority of the British Government was not institutional change. Our authority is actually practical policies which affect and benefit the lives of citizens across Europe.

  Chairman: We move on to enlargement.

  Q181  Mr Horam: Fascinating and eclectic as the Constitution Treaty may be to aficionados, of which I take it you are not one—

  Mr Alexander: You know me fairly well.

  Q182  Mr Horam: —perhaps we can go on to broader themes, and particularly the issue of enlargement, because even there, a very important issue which Britain has played a major role in, there are slightly contrasting views. The Dutch Commissioner, for example, said the European Union should maximise at 27 members—it has 25 at the moment—which is a very small change, whereas, perhaps understandably, the Enlargement Commission is talking about not having a break, let us carry on with this process. Where does the UK Government stand on this?

  Mr Alexander: We have solidly continued to be strong advocates of enlargement. Let me explain why. I think, if you were to again take a broader view and take perhaps the most recent example, the accession of 10 predominantly former Soviet countries in the European Union in 2004, championed initially by the British Government and by our Prime Minister, by any reckoning, that would be judged to be of genuine historic significance. Why is that judged to be of such historical significance? Because what we have managed to do is not simply grow the European Union and the single market but effectively helped change those societies and those economies for the better. I do not believe that we have concluded the capacity of the European Union to undertake that important work. I was strengthened in that conviction by the visit I paid to the Western Balkans during the Presidency where it was made very clear to me repeatedly, in country after country, that Membership of the European Union in those states has come to be seen as the equivalent to both modernity and normality. Whether, in fact, their revelation is to be part of the world's largest single market or to uphold the democratic norms of the European Union, it succours anything is as important as the changes that the prospect of European Union Membership can effect in those countries.

  Q183  Mr Horam: Good for them, but what about this question of the absorption capacity of the existing European Union?

  Mr Alexander: The absorption capacity has been there—if I recollect, it was part of the convening criteria—for many years, and, of course, that is one element of the conversation; but if you are saying is it good for Europe to have grown, for example, in the 10 accession countries that I mentioned who joined in 2004, look at the respective rates of growth that have been achieved by those countries, look at the dynamism and vigour that they have brought to questions of the need for economic reform within the European Union, or, indeed, look at the diplomatic reach that a country such as Poland has brought to our engagement with a country like Ukraine at the time of the Orange revolution. I categorically believe that enlargement has strengthened and helped Europe in recent years, and I believe that the progress of future enlargement continues to hold out those potential positive gains in the future.

  Q184  Mr Horam: I am sorry to go back to the issue of the Constitution, but can we continue to expand Europe without any changes in the Constitution?

  Mr Alexander: The basis on which those countries entered in 2004 was, of course, not the Draft Constitutional Treaty, and, as somebody who took through the Bill in the Commons in the autumn in relation to Bulgaria and Romania, there are mechanisms outside of the Draft Constitutional Treaty by which enlargement can take place.

  Q185  Mr Horam: So you are in favour of that happening even if there is no constitutional change?

  Mr Alexander: I have not ever argued that the issue of enlargement should be seen as a mechanistic link to the fate of the Draft Constitutional Treaty. I think that the merits of enlargement stand on their own terms.

  Q186  Mr Horam: You recognise that that could mean a very large number of countries being added to the European Union, for example there are five in the former Soviet Union countries as well as Romania, Bulgaria and Serbia. That is a lot of countries.

  Mr Alexander: Of course, this is a discussion which we continue to have with our partners, but it is hard to envisage any enlargement as large, simultaneously, as the enlargement which took place in 2004 when 10 came in. If you talk about enlargement then, in the light of the decisions that were reached on 3 October, you would also discuss Turkey, but on the Turkish Government's own estimation, it will be upwards of 10 years before accession could be possible; so in that sense I think there is plenty of time both for the necessary conditionality to be achieved. You mentioned the Enlargement Commissioner. I think all your aids working at the Commission has done a great deal to strengthen the sense that there is a very clear sense of conditionality, rightly, around which countries have to work if they want to secure membership of the European Union. The way I described it when I was in the Western Balkans was to say that the bar on European Union membership has not been raised. On the other hand, the tolerance, I think, within the European Union (and I think your question reflects this) of countries slipping under that level of conditionality in order to secure membership has undoubtedly dissipated, and that is why I stand with the Commission in saying that we should have rigorous transparent procedures but that conditionality needs to be a central element of that discussion about enlargement.

  Q187  Chairman: How close are Romania and Bulgaria to meeting the bar, the threshold, the criterion? Is there not a danger that they will not meet it in 2007 and that you will have to bring the emergency procedure next month for at least one of them?

  Mr Alexander: To use a football term: the ball is at their feet. I was in Bulgaria on Thursday and Friday of last week. I met the Bulgarian Foreign Minister and discussed with him the progress that he and his government have been making, but all of us will be looking very carefully at the next Commission Report, which I understand is due out later this month on the 16th, and that will give us the basis on which a decision will be reached at the June European Council. Of course there was a previous Commission Report which identified particular areas of work. I do not, frankly, believe it benefits exactly the transparency and conditionality that I was just describing to your colleague for us to get into a running commentary on what the next report of the Commission is going to say. Frankly, I have not seen the report and I will give it very careful attention, as will my colleagues in the Foreign Office, when we receive it.

  Q188  Chairman: Can I put it to you that, if there is insufficient progress and it either becomes clear that one or both of them are not able to meet the criteria by 2008, that we would then be facing a very difficult situation within the European Union, given that there is an implicit assumption that automatically one or both of them will be—

  Mr Alexander: A Treaty obligation?

  Q189  Chairman: Exactly. Where will we be if that is the situation, if Bulgaria or Romania or both of them are in some important respects, whether it is to do with judicial systems or whether it is to with corruption, whether it is to do with some other matters, not meeting the criteria?

  Mr Alexander: You are right in imposing the so-called super safeguard clause, which means that there could be a delay of 12 months from 1 January 2007 to 2008, but, notwithstanding the existence of the super safeguard clause, and this was a matter that was discussed on the floor of the House in the course of the Bill here, there are considerable powers available to the Commission which would provide a degree of comfort to the rest of the Union if there were specific areas of concern still identified, notwithstanding the fact that the threshold had been reached for full membership. If it would be helpful, I will certainly set out for you our understanding of the powers the Commission have available to them.[4] My understanding is that those powers were not used in 2004 against the A10 countries, but that does not diminish the fact that there are still powers available to the European Commission whatever the area of concern they continue to have.

  Chairman: That would be helpful. Can we move on to the Balkans?

  Q190  Andrew Mackinlay: After disagreeing with you, Chairman, I am very grateful you raised it. Of course, in 2004 there was the ultimate sanction that they might not come in. The difference between 2004 folk and Bulgaria and Romania is that under the Treaty Obligation they shall be in at 2008. There is a qualitative difference?

  Mr Alexander: In response to that, I would make a couple of points. One is, I think, partly through the experience of the 2004 accession there has been a strengthening of capacity within the Commission to actually benchmark and to judge candidate countries transparently, rigorously and effectively and, secondly, I think there is also an issue, not least because the potential membership involves both Bulgaria and Romania, where neither of the countries in question, and this is on the basis of discussions I have had with colleague ministers from both of these countries, want to be the country that finds they have not reached the deadline as quickly as the other country; so I think there are factors driving performance which were not there at the time of the 2004 accession.

  Q191  Andrew Mackinlay: For speed, can I say Croatia, Serbia, Montenegro and Serbia Montenegro: because there are three potential scenarios. Also news this afternoon, the European Union has closed talks with Serbia—I assume it is Serbia and not Serbia Montenegro; it is a bit unclear—on the question of Mladic. I wonder if you could give us a view of where we are at with regard Croatia. If Montenegro goes independent, presumably there will be at least an open invitation for them to fast-track meeting the criteria. What is the position regarding the breaking off of talks today, and is that with Serbia or is that the Serbia and Montenegro federation?

  Mr Alexander: I will start with the last point, because I issued a statement in response to the Commission decision today, which is available and is on the FCO website, in which I support fully the Enlargement Commissioner's decision to effectively disrupt the SAE talks, which is both for Serbia and Montenegro, not to give them the Constitutional position of a state of the Union ahead of the referendum. We fully support that, given that we believe Serbia and Montenegro have missed a number of self-imposed deadlines for full co-operation and it is a longstanding position with the British Government that we want to see Mladic and Karadzic brought to justice, and in that sense that explains the decision, which is one the British Government fully supports. In terms of if Montenegro gains independence from the State Union following the referendum, which I think is on 21 May, later this month, it is hoped that both countries will continue their commitment to make progress towards European Union integration. The current twin-track mechanism for the Serbia and Montenegro EU accession should facilitate this, but I cannot anticipate what will be out outcome of the referendum.

  Q192  Andrew Mackinlay: I am genuinely surprised by your response there. Presumably if Montenegro re-establishes its sovereign independence, it is a new ball game and they can apply and they can presumably anticipate, with regard to the British Government's reaction, the same facilities which are afforded to any other applicant or potential applicant? I think it is important for Montenegro to know that the British Government will not discriminate against an independent Montenegro. If they knock on the door, we will say, "Copenhagen criteria", and presumably there should be an opportunity to open negotiations?

  Mr Alexander: I can assure you we do not have a policy of discrimination towards anyone. What I will say is that I think it would be ill-judged of a Foreign Office minister at this stage, only a matter of days and weeks before the referendum, to anticipate what will be the judgment that will be reached by the people of Montenegro. In terms of other countries that you asked about, in terms of Croatia, obviously the opening of accession negotiations under our Presidency in the second half of last year we believed to be an important step, but it is now up to Croatia to work towards meeting those European Union standards and enable them to meet the standards in full before accession can take place, and, as you would expect, both the United Kingdom and the European Union is providing assistance to the Government of Croatia in those endeavours. Obviously, not least given the importance of full co-operation, the International War Tribunal, with the former Yugoslavia, as I mentioned, welcomed the capture of Ante Gotovina back in December and I think we reached the right decision to open negotiations with Croatia back at that 3 October meeting.

  Q193  Mr Horam: On Turkey briefly, which you regard as one of the two major tests of the Presidency, Charles Grant on European reform, when he came before the Committee, was very pessimistic about the situation there. He said on the one hand he did not think the Turks entirely appreciated this was not a negotiation—"The European Union says what it wants and either the country applicant agrees with it or not"—and, equally, it is clear there is opposition to Turkey amongst several countries and they could at any moment simply block any further progress under the various treaties. What is your view?

  Mr Alexander: I stand by my earlier theory that I think it was of genuine historic significance that that decision was reached on 3 October. I think it is the right decision, not just for Turkey but also for Europe, and I think we would have sent a very damaging signal if we had suggested that there was not the prospect of a European future for a country like Turkey and obliged it to turn elsewhere in terms of its future economic, social and political development. All that being said, I have never hidden the fact, and nor has the British Government, that there are very considerable challenges which Turkey will have to rise to in the years, and it will be many years of work, between now and that accession being achieved.

  Q194  Mr Horam: Would you agree with Charles Grant that they do not entirely appreciate these are not negotiations?

  Mr Alexander: I am not sure it is always helpful to pass comment on the conduct of other governments. As I say, the experience of the discussions prior to 3 October, both the weeks and the hours, suggest that the Turkish Government are strong negotiators, shall we say. That being said, the obligations under which they now operate are clear, and in that sense I would recognise that perhaps the sentiment underpinning Charles' statement, which is that, as a country that has been granted accession talks, the process for Turkey is exactly the same as for any other prospective Member of the European Union, the initial screening process, the opening of chapters and also the closing of chapters.

  Q195  Mr Horam: I think the underlying thought of Charles Grant (to limit your response) was that they are a proud nation and that when they realise what is happening, and the process may be very long, they may object?

  Mr Alexander: Well, let us not prejudge where the process will go. My understanding is that the screening process has now begun under the Austrian presidency. There are obligations, in particular the case was declared in September 2005 that Turkey must apply the Ankara Agreement Protocol fully to all Member States and the EU will monitor this closely and evaluate full implementation in 2006; so that will be a particular challenge facing Turkey in the course of this calendar year, but my understanding, and I spoke to officials in anticipation of appearing before you today, is that progress does continue to be made in terms of the formal processes of membership being taken forward essentially through European Chapters.

  Q196  Mr Maples: I want to pick up the Cyprus angle of Turkish membership issues. We have tail wagging the dog situation here in a really serious way and this Committee has taken quite an interest in Cyprus over the years, and we have produced a couple of reports on it. I wonder if you can tell us what is the state at the moment of the package that we have supported of both aid and transport links, trade links, physical trade links, I mean sea and air, into Northern Cyprus. Is that still stuck on a Cyprus veto or a threat of a Cyprus veto?

  Mr Alexander: In terms of the financial aid regulation, that has now been agreed and was an important first step forwards lifting Turkish/Cypriot isolation. There were concerns in terms of the timing of that, but in February that decision was reached in terms of aid. During the British Presidency, as I recollect, there had been continued discussions about our capacity to hold together the aid regulation with the trade regulation, but ultimately we were unable to secure consensus on that and the two were decoupled so that the aid regulation has gone through but the trade regulation still continues to be a matter for discussion.

  Q197  Mr Maples: When we had the Foreign Secretary giving evidence some time in the last 12 months, and I cannot remember exactly when, we split the trade links issue into area C1, C1B and E was, as I understand it, an EU issue, at least under EU competence and jurisdiction, air links having nothing to do with the European Union at all, and there was some confusion, I think, both among us and among those who were giving evidence to us as to whether countries could establish bilateral air links with Northern Cyprus or whether that had to be done multilaterally, and I think that confusion still exists. What I think is clear to most of us who have taken an interest in this issue, and I am not asking you to clarify it, but if you want to you are welcome to, was that the trade link was much more important to Northern Cyprus than the aid. I am sure that aid will be very welcome, but what Northern Cyprus needs is direct links to the outside world for its tourist business. I wonder if you can tell us if that is something that the British Government is pushing for and whether or not we have considered, and if so would be prepared to, allow bilateral air links to be established between the United Kingdom and Northern Cyprus?

  Mr Alexander: I hesitate to add to the gloom that clearly descended the last time this issue was raised on the Committee but my understanding of the key issue here is not so much the issue of individual countries as the designation of the airport, air carrier port, and can it be designated as an international airport, essentially, in order to be able to provide the necessary criteria for the arrangements which multilaterally are in place for international air travel. So the question turns in part on the designation of the airport as an international airport. Given that that has not been designated as an international airport there remain very complex legal difficulties, frankly, for any country, certainly multilaterally but, also, individually, in terms of flights operating internationally to the airport.

  Q198  Mr Maples: If you can answer the next question now that is fine but if you cannot I would be very happy to take yet another note from you on what are the procedures for authorising the airport as an international airport for these purposes. It would be ironic if Greece, of all countries, with its air safety record, were allowed to veto whether or not an airport in Northern Cyprus was designated for international travel. If you can answer the question now that is fine, but if you cannot—

  Mr Alexander: I will resist the temptation to even implicitly criticise one of our European partners, and provide a note.[5]

  Q199 Mr Maples: Certainly, as Members of this Committee who did these two visits to Cyprus, we felt that the Greek-Cypriot Government did not negotiate in good faith with the Annan proposals, certainly after Papadopoulos became President and we have been comprehensively hoodwinked or taken for a ride over this and we have now got a situation where we have, inside the cabinet somebody who ought to have been firmly outside it until the Cyprus issue was resolved. Now inside they are in a position not just to use the EU in pursuit of its problems and the issues it has with Northern Cyprus but, also, to pursue, frankly, much more importantly from our point of view, over the negotiations for Turkish accession. It seems to me, and I would be grateful if we could have your response to this, that unless we start winning some of these arguments with Cyprus and we continue to allow the smallest countries in the European Union to dictate very important aspects of its policy and progress, we are simply storing up trouble of, at some stage, them stopping the negotiations for Turkish entry. Whether you are in favour of Turkish entry or not it ought to be decided on its merits and not because of some very small, regional, ethnic dispute on a little island in the Mediterranean. If we do not get tough with Cyprus, that, I suggest to you, is what is going to happen. It may not be you or this Government but somebody is going to have to pick up the pieces of this.

  Mr Alexander: Let me begin with where we stand in terms of the Annan 5. The Foreign Secretary, I understand, following his appearance before your Committee in December, at the turn of the year travelled to the Republic of Cyprus and, indeed, then visited the so-called TRNC and met with Turk leaders there. The reason that the Foreign Secretary made that visit was to reflect the concern that we do feel about finding a way forward in the dispute. Clearly, there was genuine disappointment in relation to the failure to achieve support on both sides of the island to Annan 5 in terms of the referendums, but nonetheless we continue to work with the Secretary General on this matter. Indeed, prior to the Foreign Secretary's visit there was a statement made by Kofi Annan welcoming the visit and encouraging the sides to participate therein. Since that visit that has been made by the Foreign Secretary there has been an agreement and I think this followed the meeting between Papadopoulos and Kofi Annan and by communal discussions on common concerns, and obviously we welcome that. The reason I cite that is that, as you recognise, this is not simply an issue for the European Union. The process, in terms of a settlement, has been led through the good offices of Javier Solana and we continue to support the Secretary General's efforts in that regard. On your subsidiary point in terms of the role of Northern Cyprus within the European Union, I suppose again I would return to October 3 as rather a counter-point to the one made in the sense that it is no secret that there were concerns raised by the country of Cyprus in the course of those negotiations, even in the final hours, but nonetheless on the basis of a great deal of hard work and effort both by our diplomats and, also, by the Foreign Secretary we were able to prevail and secure an opening of accession talks. I do think, given what I have said in terms of the need for transparency, conditionality and rigour in the process, Turkey deserves to be treated in exactly the same way—no more favourably and no less favourably—than any other candidate country, and that will continue to be our position and we will continue to argue that case within the European Union.


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