Select Committee on European Scrutiny Minutes of Evidence


Examination of Witnesses (Questions 65-79)

MR JIM MURPHY MP, MR ANTHONY SMITH AND MS SHAN MORGAN

4 JULY 2007

  Q65 Chairman: Welcome, Minister. We are very grateful to you for maintaining the programme that we had set for your predecessor. Maybe you will want to introduce your officials?

  Mr Murphy: Shan Morgan is the Director of EU in the Foreign and Commonwealth Office. Anthony Smith is the Director of European Political Affairs in the Foreign and Commonwealth Office.

  Q66  Chairman: We know you have studied the brief but you have two senior advisers with you. If at any time you wish them to participate in the evidence session we would be most happy for them to do so. We have been taking evidence on the Annual Policy Strategy document which of course is the document that the EU Commission sent out as an indication of what will become, when it is finalised, the annual work programme for the next year. It is the first time that the Committee have decided to try to get that far ahead of the process of directive making, regulation making and other matters coming from the EU. We have shared it with the chairs of all the other select committees and we have taken evidence from people from outwith the government and we obviously want to hear the government's opinion on the Annual Policy Strategy document. The second part of our business is to look at the conclusions of the European Council which have been the subject of a statement of the Prime Minister on the floor of the House but continue to be of great interest to this Committee and to those who are interested in the relationship between the British government and the EU. Can we start with the Annual Policy Strategy document section of our interest? How useful a document is the Annual Policy Strategy for the UK government?

  Mr Murphy: Thank you for your kind words and your welcome. We think it is a very useful document because it does set out a snapshot of what has been sought to be achieved over the year. It comes out of the Commission strategic objectives, the five year plan of work. In a dynamic which the Committee will be well are of in great detail, the dynamic of negotiations and European politics, what it helps to do from my looking at it over the past few days is to keep the Commission on track. There is a plan of work that is intended to last for that year and it can, if it operates effectively, prevent drift and endless new initiatives dominating a new weekly agenda. On that basis I think it is a positive thing.

  Q67  Chairman: The previous European Minister, Geoff Hoon, who is now the Chief Whip, described the Annual Policy Strategy document when he went to the Lords before a Lords Committee, so it is on the record, as an aspirational document. What is the value of an aspirational document and would it be better to link the policy ambitions in the policy strategy to the budgetary resources allocated to them to make it more than aspirational?

  Mr Murphy: It would be a good idea as a Minister new in this job to agree with the now Chief Whip. On the specific about it being an aspirational document, my sense of how it works is that it is published; there is a period of conversation; Member States offer their observations and it is open to a degree of flexibility in its formulation. In that sense I think it is fair to describe it as aspirational, certainly at its point of initiation. There is probably a case to be made as to whether it can be more closely aligned with the budgeting round, but the budget does take account of the APS. Most of the budget is spending commitments that are inherited across years rather than initiated in a new year. That is the proper alignment in terms of the budget.

  Q68  Jim Dobbin: Welcome to your new post, Minister. I hope you have a long and prosperous career. Do you think the Commission initiatives match the priorities that the UK government would really like to see pursued during 2008?

  Mr Murphy: Thank you for your welcome. It gives me an opportunity to continue a shared European aspiration that both Mr Dobbin and myself have in terms of our affection for a football club from Glasgow in Europe. I am hoping to last longer in the job than our football team does in the UK Champions' League anyway. In terms of whether it matches our aspirations and priorities, in a series of important ways it does. We have concerns and we will work through our concerns with the Commission but the heightened importance of the environmental agenda is really very important for the UK government. The focus on international sustainable development is positive, as is the focus on better regulation. I used to be a better regulation minister in the Cabinet Office and it was difficult to finish a full speech on better regulation when the audience were still awake, and that was not just because of the way I delivered it. It is a really important agenda for our domestic economy and for Europe's economy. I think the assessment from the Commission is that it can contribute over 1% of growth as a consequence of better regulation. That agenda of better regulation and flexible labour markets is really in tune with what the UK would wish to see as part of the APS.

  Q69  Mr Cash: The question that worries a number of us is the question whether there are any initiatives which ring alarm bells. There are questions, for example, as to why it appears that in this Annual Policy Strategy there is no reference to a mandate, which appears to be unprecedented, attempting to bind the Member States, which one would have expected to see in this sort of document. We have not seen it before and it has never been acted upon before. Is there an undisclosed document, which I am given to understand there is, which purports to bind the British government behind the scenes which has not yet been released?

  Mr Murphy: This will be the first of our many conversations about these issues.

  Chairman: I am trying to clarify. I am not quite sure whether ----?

  Mr Cash: I am concerned about the fact that under the Annual Policy Strategy—

  Chairman: Rather than the IGC? I thought the two were merging into one. We will come to that.

  Mr Cash: I think the question relates to whether or not in the Annual Policy Strategy you would have expected to have seen a mandate which related to the manner in which questions relating to the IGC would be conducted.

  Q70  Chairman: Is there a document that links the Annual Policy Strategy document to the IGC in a binding way?

  Mr Murphy: Not that I am aware of. If there is, I will come back to Mr Cash.

  Q71  Chairman: On this question of alarm bells, the principles of subsidiarity and proportionality which are mentioned in the Annual Policy Strategy document, does the government have a view as to how that should be dealt with? Is that an alarm bell area for the government?

  Mr Murphy: As you know, we remain absolutely committed to the principle of subsidiarity. In the APS there are two or three issues where we are not convinced that the Commission's competence is maintained. We will continue to press. We may discuss this in more detail but there is the issue about the dreadfully titled CCCTB, the Common Consultative Corporate Tax Base. There are issues about consular assistance and about an EU wide database on fingerprinting. Those are some of the issues where in terms of the APS we think we have some work still to do.

  Q72  Chairman: Do you hear the quiet ringing of alarm bells somewhere off in the future?

  Mr Murphy: I think we can get to a position where we can silence those alarm bells by proper negotiation.

  Q73  Kelvin Hopkins: Congratulations on your appointment as Europe Minister. I hope we will have many debates in the coming months and years. During the inquiry there has obviously been some debate about what the policy strategy is for but also how it should be developed in the future. A number of commentators have argued that the Commission should take a more strategic role, setting the direction for the EU. Article 4 of the Treaty on the European Union says, "The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof." Is there a hint that the Commission is seeking to aggrandise even more power to itself than it already has? Should we not be ringing alarm bells and suggesting that, however tenuous, the European Council at least has some democratic status?

  Mr Murphy: Thank you for your welcome. Certainly we would not wish to see competence creep on behalf of the Commission. The first part of your question was how should the APS develop. In time to come—and there is an element of this in this version—there should be focus on delivering some of the things that we have spoken about for a prolonged period rather than generating a whole set of new ideas. There has been some debate—I have read some material about this—about how does the Commission communicate better its work, successes and everything else. My sense is that it is not just a communication issue; it is about delivery. No amount of communication can offset any failings in delivery. Therefore, across the EU, we have to deliver on the issues that are important to us: better regulation, flexible labour markets, a dynamic economy, issues of the environment, international development. It is delivery that will lead communication. It is a perception that Europe is delivering that will lead to people's perceptions of Europe changing. You cannot communicate a positive message unless delivery is strong. There has been progress in recent years but we can go further.

  Q74  Kelvin Hopkins: That is a fair point but our new Prime Minister in a very welcome statement yesterday suggested that we ought in Britain to have more openness in debate about our future, more power, more status for the legislature as against the executive. Would this not do well in Europe as well with a much more open discussion amongst democratically elected people, perhaps in the European Parliament, perhaps prime ministers, about the future of Europe, rather than behind closed doors in the Commission?

  Mr Murphy: You will correct me if I am wrong. We have seen an extension of codecision in recent years which is welcome. When we get to the point of the agenda where we are talking about the IGC and the reform treaty, there are important changes there in terms of greater power for the first time ever for Member State parliaments. There have been some positive steps. I listened to Alan Johnson and others about what more they think can be done in this field. Without getting into the detail of every announcement, there was a very strong sense of greater say for citizens in some of the things the new Prime Minister spoke about yesterday.

  Q75  Kelvin Hopkins: Will you personally be doing your best to make sure that the European Union is as democratic as possible and that we do not see the bureaucratic creep that is hinted at here?

  Mr Murphy: We have to be conscious of where there may be an agenda to go further than we should. We have to be vigilant about that. I have mentioned three already in terms of the APS where we are not convinced that they should be contained within the APS.

  Q76  Chairman: It does seem to me that we could either interpret the Annual Policy Strategy document as the European Commission trying to determine the political direction of the EU, or we could see it as a bottom up process whereby things come through from pressure groups, Member States, external lobbyists. We also know that there are individual Commissioners who have their own ambitions. What is the government's view of this present Annual Policy Strategy document and also exactly what should the balance be between the EU Commission giving a clear, political direction—in other words, so we know what they are intending to do—or having an Annual Policy Strategy document as aspirational, a list of all good things that may or may not go into the work programme? What is the balance to be struck? What participation in this do you think the UK government should have? What democratic involvement should there be from both the Parliament and outside bodies?

  Mr Murphy: This is the view of someone who has been in the job now for three full days. My sense is that Europe does not need more aspiration. It needs more delivery. That is about agreeing a set of priorities and doing our best collectively to stick to them. The APS process coming out of five year strategic objectives, is the way of doing that. If we were to get rid of the APS process, which I know you are not advocating, or the strategic objectives process, the Commission and the process generally would be subject to prevailing winds of contemporary sentiment that would blow it off course in terms of things that are important for the UK. They are important to our constituents in all sorts of different ways.

  Q77  Mr Clappison: You have my sympathy in getting to grips with the complexities of Europe in three days. I would like to ask about one important issue on the political direction of the Commission. I think you would agree there is an important change which has been envisaged in the role of the European Foreign Affairs Commissioner in that his role has been merged with that of the European Union's Higher Representative to create a new, institutional figure. How would you see that working?

  Mr Murphy: What I see it as absolutely not being is the UK surrendering its responsibility and power on foreign policy. This is about a Higher Representative who will speak for the EU on areas where there is common purpose and common policy. It is not someone who will generate a foreign policy for the EU. It is not someone who would speak outside the competence of an agreed position by Member States. I very much welcome it. I think it will lead to more effective articulation of a policy where there is an agreed policy. Let us remember this policy is based on unanimity.

  Q78  Mr Clappison: It is in effect a foreign minister, is it not, who is representing the EU rather than having an EU Commissioner and a Higher Representative with two different roles?

  Mr Murphy: It combines the functions of the two different people who are there currently.

  Q79  Mr Clappison: Given that the EU will now have a legal personality, the Foreign Minister will be able to conclude treaties, will he not, on behalf of the EU or the EU will be able to conclude treaties?

  Mr Murphy: The EC has had a legal personality for many years. In preparing for today, there are all sorts of things to read and I had read that this person would take the UK seat at the Security Council and all sorts of other things. That is not the case.

  Chairman: I did say to the Minister that we would have two distinct areas of interest. We are talking about the Annual Policy Strategy document and we are now wandering quite far into the conclusions of the Council. Would you mind holding the questions until we get to that point?


 
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