Select Committee on European Scrutiny Minutes of Evidence


Examination of Witnesses (Questions 80-94)

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

4 JULY 2007

  Q80  Mr Heathcoat-Amory: The strategy document refers to the importance of relations with Africa but it wishes to pursue economic partnership agreements with African countries. As you will know from comments from the development and aid lobby, these are highly unsatisfactory because of their rules of origin. A lot of the manufactured products in these countries can be better, more easily exported to the United States than to the European Union. Our record of trade from these poor countries is truly appalling. I am ashamed that we have such a restrictive trade policy towards some of the poorest people in the poorest countries in the world but we can do nothing about it because we do not of course control our trade policy. Could you comment on the British attitude towards trying to change this and not accept this paragraph in the EU strategy document which simply refers to striving for these economic partnership agreements with all their restrictions, which no doubt you are familiar with?

  Mr Murphy: The government is committed to freer trade. We try where we can through negotiations to break down some of the barriers, to remove some of the tariffs, some of the protectionist approaches. Some of these things, as you are well aware from your time in the House, are much easier spoken about than achieved. We are absolutely committed to doing all we can through all the international fora to give the opportunity. That sounds almost charitable. It is not intended to be charitable. It is to enable these states to stand on their own two feet through the dignity of producing products and being able to trade in a free market. I think there is now a commonality of understanding that these countries will not lift themselves out of their grinding poverty through aid. We remain committed to trying to break down some of these tariffs and to enabling these countries and their citizens to trade on an equal footing.

  Q81  Mr Heathcoat-Amory: All you have done is to confirm how powerless we are. We are the fifth biggest economy in the world. Is it not an embarrassment that we can do nothing practical to help these countries except hope that the Trade Commissioner can persuade other Member States to lower their barriers or to get off this terrible drive towards economic partnership agreements which are even more restrictive, even if they succeed, than what the United States is doing? They are not clean in their record towards the developing world. Is this not really a council of despair? All you can tell us is that you are going to do your best. Surely you have active diplomacy here to make this a priority because we are dealing here with people who are desperately poor, who look on the European Union as simply a rich man's club, and you are just simply going along with it.

  Mr Murphy: I do not think that is true at all. We are not going along with it. This government has made remarkable progress in supporting the developing world in a way that no government of either political party at any point in our history has managed to achieve in terms of our aid budget in particular. The aid is not in itself the whole solution. Better democracy, greater accountability, reduction of corruption, a free press, all of those issues of good governance are important and we press on those as well. We remain absolutely committed to the Doha development round. It is a different approach to international trade than at any time in our recent historic past. While there is an awful lot still to do, of course, I can refute absolutely the allegation that there is any sort of complacency or powerlessness. Long term sustained development and reduction of poverty are at the core of what we are trying to achieve through these negotiations.

  Q82  Angus Robertson: Minister, welcome to your responsibilities. Moving on to the role of national parliaments, in the context of the APS process, what do you and the government see as the role of national parliaments in this kind of debate?

  Mr Murphy: National parliaments' formal role is to offer a sense of where they agree with the content of the APS, to where we disagree, to offer an assessment as to why, whether it is on the principle of subsidiarity or whether it is in the practise of the undesirability of a specific proposal; or in the sense that we just disagree with the content or the direction of a specific policy. There is a really strong role for national parliaments to influence the APS process. I have alluded to two or three where we still have a job to do.

  Q83  Angus Robertson: In the use of the word "we" are you talking about the government or Parliament? What I am trying to get to the bottom of specifically is the role that you see for national parliaments. It is this Committee that holds ministers to account, like yourself today, for the position that you adopt in the Council. How do you view the Commission's emphasis on closer contact with national parliaments?

  Mr Murphy: It is welcome. I do not want to go into the second part of the agenda but there are some important changes there. If you ask me whether I believe there is a role for national parliaments or the House of Commons or the House of Lords, I think it is for all of them. I say that as someone who has spent many hours on European Standing Committees A, B and C. There is a challenge for us all as parliamentarians. Maybe it is not appropriate for me to say this but I remember going to European Standing Committees A, B and C for two years. Others may have intermittently been on these committees but the challenge was not to douse the sense of excitement or reduce the temperature of the debate. It was to have a quorum so that we could have a debate. We can have a wider conversation as to why that is the case. Nevertheless, it has been the case. It may have changed since I used to go to meetings. It may be so much better but I do not receive many reports about it having improved. There is a challenge for all of us about how we mainstream more within the parliamentary democratic system of European scrutiny. This Committee plays a phenomenal part in that, I know, but in terms of A, B and C there was previously a suggestion about a European Standing Committee D. I think we should have A, B and C fixed before we get to D, E and F.

  Q84  Mr Cash: There was a distinct pause in your answer to the question and I can understand why. The role of the national parliaments has now been significantly reduced and, as we will come onto in relation to the IGC, they are even imposing legal duties on the national parliaments. With regard to the supremacy of this Parliament, we regard it as absolute. Unfortunately, the European Communities Act 1972 has invaded that to a very considerable extent. You refer to Standing Committees A, B and C but if any decision was to be taken in those Standing Committees which cut across the provisions in the European Communities Act which say that we have to accept whatever comes out of majority voting in the European Union, for example, immediately we know from experience all governments recently, including particularly this government, despite the Prime Minister saying we want more power for Parliament yesterday, reverses any decision taken in Standing Committee A, B and C, irrespective of the views of that committee. I have been on that committee when that has happened and it has been reversed. It is not just to do with a quorum; it is to do with the fact that you can hardly expect people to find it very interesting if it is just no more than a talking shop. When you are asked the question by my colleague, "What do you see as the role of national parliaments?", do you not agree that it is time that as and when, for example in relation to the burdens on business or many other matters, Westminster on behalf of the electors of this country make a decision that they want to have certain kinds of legislation, that should prevail over European legislation and the national parliaments should be restored to the proper democratic role that they should have?

  Mr Murphy: We will come to some of the issues about the negotiation there has been over the reform treaty a little later in our hearing. The reason for my pause is not about some of the points you raise in recent history. These As, Bs and Cs were not a talking shop because there was very little talking. That is the truth of it. I am making an observation, not a criticism or a recommendation, about the way in which we all in Parliament are very comfortable about having a dialogue about how we can mainstream more the European issues within the House of Commons and the House of Lords. All I was offering was an experience of a couple of years of sitting on those committees, often twice a week for two or three hours at a time, and it not being as effective as it should have been. I am not apportioning blame.

  Mr Cash: Do you believe the legislative supremacy—

  Chairman: Mr Cash, I think you have asked the question.

  Mr Cash: I have not had an answer.

  Q85  Mr Borrow: We have touched on the way the government is involved in consultation on the APS. I would be grateful if you could explain to the Committee exactly how the government is involved in those discussions both formally and informally. We have also had examples where the APS has included items that we were not happy with. Are there items in the APS in which you would see the UK government as a leading player?

  Mr Murphy: As someone who has looked at it for a longer period than I have, you will have your own sense on this but my sense is that that five year forward look is helpful as to where the Commission believes it is going. This annual APS process is an opportunity for Member States to influence each individual slot of that plan. Through multilateral and bilateral contact, we try and influence the APS as close to the UK government priorities as possible. I have alluded to a number of areas where we do have concerns and we will continue to focus on those concerns, particularly the issues I mentioned earlier. In terms of where we have been successful, we have been successful in raising the profile of environmental issues, sustainable development issues and Doha. We have been effective in a way that surprised many across the EU on better regulation. Barroso's response and his genuine interest in the way in which they have tried to drive a sense of a lighter touch of EU regulation is important. We have a huge distance to travel but I understand there is an agenda for cutting Euro admin burdens by about 25% over seven years. In the context where Europe, for some commentators, became synonymous with a one way drive towards ever more admin burdens, this sense of radically reducing the level of admin burdens in that period of time would be unthinkable a few short years ago. It is now part of the accepted settlement of what should happen. That is a really concrete example of where we have succeeded.

  Q86  Chairman: Those of us who have studied it very closely have probably found the Verheugen declaration much more aspirational than delivery if you count the number of directives or regulations that have been taken off the statute book and their impact. We do notice that instead of doing about 1,600 documents a year at the moment we are doing about 1,200 so maybe there has been some diminution. On your aspirations for more mainstreaming, this Committee has asked for a number of matters to be taken up by the Liaison Committee and the Cabinet Office about mainstreaming, particularly the fact that the government did not until we suggested it send Green Papers, White Papers or other consultative documents from Europe to the select committees of the House. They sent them to everyone outside but somehow ignored the very organisations within the House that were supposed to give the opinion of Parliament. Maybe that will be an improvement in mainstreaming in the future.

  Mr Murphy: Has that now been rectified?

  Chairman: It has now been accepted by the Cabinet Office that they will send Green Papers and White Papers to the appropriate select committees. We have sent the Annual Policy Strategy document and asked for comments from all select committee chairs in this inquiry that is taking place at the moment.

  Q87  Mr Cash: You mentioned Mr Barroso and his objectives. He talks about putting more emphasis on achieving results. You mentioned burdens on business, for example, and the Chairman referred to the number of directives. Mr Verheugen also has indicated the extent to which it costs British business. I think the figure was many, many billions of pounds a year. I think he mentioned 60 billion a year which seemed to me to be astonishing, but apparently that is what gets quoted. How can it possibly be the case that the Commission can claim that they are achieving results when the actual impact, for example, on the Lisbon Agenda et cetera, is crushed by this unbelievable cost and burden on business, which I would say we should reverse using our own powers here at Westminster and override the European regulations.

  Mr Murphy: I am not aware of the specific figure. By the way in which you put the question, I have no sense that you have a specific figure today. We both know that because it is quoted that does not make it any more precise.

  Q88  Mr Cash: It comes from Mr Verheugen.

  Mr Murphy: As a fair minded observer of these things, Mr Cash, in the way you use language like "crushed", the point is a serious one. There has been progress in moving the Commission on this. The UK used its presidency to raise the profile of going much further on better regulation. I remember the conversation at the time: should we not set up something more aspirational?

  Q89  Chairman: The Barroso Commission say that they are going to put emphasis on implementation and achieving results. What evidence is there to show that the Commission is delivering more? What benchmarks or tools does the UK government use to make that judgment? That is of fundamental interest to the British people.

  Mr Murphy: People did say at the time, "Why not do something that is a good deal more imaginative and inspiring, that connects with issues that people are demonstrating over in the streets?" We took a decision that better regulation was so fundamental to our own economy and to that of European competitiveness and we put that front and centre of our priorities in our presidency. We managed, along with some allies, to turn it round. There has been some progress, although not enough yet. In terms of the regulations on food hygiene, company law, transport and agriculture, we need to go a good deal further. How the UK assesses this is through the Better Regulation Executive and the Better Regulation Commission. I think I am right in saying that there is a unit there that specifically focuses on interaction with the Commission and importantly with the European Parliament in terms of the parliamentary pressure for more and greater regulation. There is some way to go but we are making tentative progress on delivery. Behind the delivery now there is a genuine, political will to deliver on this.

  Q90  Jim Dobbin: On the issue of common policy on migration, page six of the Annual Policy Strategy says that in 2008 the Commission will propose further steps towards a common policy on migration and measures to achieve a common European asylum system by 2010. What is the government's view of these proposals for example on labour migration?

  Mr Murphy: Our view is that the economic analysis of free movement of people and the A8 states, the accession states minus Romania and Bulgaria, has been in an economic and a labour market sense largely positive. There are other issues. The evidence is that most of the migrants who have come in recent years since accession have filled shortages in the labour market across the different skills. Counter intuitively, we all look at our own constituencies and can see and hear a Polish waiter or waitress. I have tortured the evidence on this but the evidence is—it is counter intuitive and flies in the face of your anecdotal sense—that it has had no impact on the levels of people and UK business being able to get into the labour market. Equally it has not had any significant impact on the number of people coming off benefit. If you look to the two areas where migration has been most concentrated, London and East Anglia—London MPs and MPs in East Anglia will know much more about what is happening on the ground than I will—there has not been a consequential slowing down of the number of people coming off benefit that would be connected to displacement caused by migration. In terms of the proposals in the APS, the UK government retains its opt in. Where it makes sense to co-operate, we will, but we have an opt in arrangement so if we wish to participate we can.

  Q91  Chairman: Would you say the government still takes the position that asylum and legal migration go to the heart of national sovereignty and therefore should be defended because of the consequences of people's views or the government's view on our real intention towards national sovereignty?

  Mr Murphy: I think it is an important issue of sovereignty. In saying that we have to be clear that that does not reduce the benefit of us co-operating across national boundaries. That is what we have been doing over recent years. We will continue to do so where it makes sense. On the basis of an opt in we will do on this issue what is in the UK national interest. In the opening up of the labour market, it was our assessment as a government that it was in the UK national interest to allow the citizens of those eight accession states from eastern Europe to play a full part in our labour market in a way that has been borne out to have been a success. Other nations seem to be following in that sense as well.

  Q92  Mr Clappison: It is a question of whether we are able to act in our national interests on this. There are many debatable points about the effect of internal EU migration within the existing members of the EU. Can I draw your attention to the fact that this policy is referring to people coming to the EU from outside the EU? It is talking about a common migration and asylum policy for the EU. What implications do you think this will have, particularly on asylum, where various issues might mean that we want to act very much in our own interests?

  Mr Murphy: It is in our national interest to co-operate, for example, in preventing 50 people clinging to a rickety board in the Mediterranean to escape through people traffickers from north Africa into southern Europe. Those folk do not stop at the port of disembarkation. They can make their way through the countries of Europe and of course end up in the United Kingdom. It is in our interest to co-operate across the EU. It is an economic issue. It is a migration and asylum issue, but it is a basic human decency and dignity issue as well. The corruption of people traffickers and the way in which they transport people as though they were products is an issue of common concern across all parties in the House. It is in our interest where we have expertise to assist and to co-operate where we can.

  Q93  Mr Clappison: Can I respectfully draw your attention to the fact that this is not just talking about people trafficking. This is legal migration as a whole to the EU, people arriving on planes quite legally to enter the EU as part of an EU migration policy or people claiming asylum within the EU. You rather make my point for me that this will have an implication for this country.

  Mr Murphy: I am just looking at the specific point you raise. I am looking at the assessment in response to the specific point that you have raised. It would be unlikely that the UK would opt into the measures included within this legal migration directive because it is not consistent with our points based system but I will look more specifically into that point.

  Q94  Mr Borrow: You mentioned the Common Consolidated Corporation Tax Base as one of the items that the Commission were pushing in the APS for 2008. Do you not find it odd that the Commission should push this given the strong opposition of a significant number of EU Member States including the UK? One would have expected the Commission to have had some sense of where Member States were going and not try to push forward proposals that were strongly opposed by a significant minority. One would have expected them to have better things to do with their time.

  Mr Murphy: We do not believe that a harmonised tax system as proposed within the APS is good for competitiveness. We think it is wrong in principle and in practice and we will continue to make that point very, very clearly to the Commission.

  Chairman: Thank you very much.





 
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