Select Committee on European Union Minutes of Evidence


Examination of Witnesses (Questions 40-59)

Mr Jim Murphy MP and Mr Ananda Guha

25 MARCH 2008

  Q40  Lord Harrison: Minister, two Fridays ago we debated our report on the Single Market, in which we called for less regulation, better implementation of existing legislation and more liberalisation and competition—and I would also include better monitoring of legislation. In the light of that what progress has been made with regard to transposition and implementation of the Services Directive? And bearing in mind the United Kingdom as well as the European Union, what instruments can the EU adopt to help small businesses take full advantage of the Single Market—and I do draw a differentiation between what we can do collectively and what we can do in this country, because I sometimes fear that we spend half our time telling small businesses that the Single Market is a frightful place to enter where they use foreign languages and different money and strange things will happen to them, and we really should be painting the other picture that it is a real opportunity, particularly in the light of something like the Services Directive?

  Mr Murphy: I absolutely agree. The sense is and the assessment is that the effective implementation of the Directive would create about 600,000 additional jobs across the EU, which is a remarkable opportunity across the 27 Member States. In terms of the Directive, again it may be helpful, just for the record, your Lordships, for me to very quickly outline really what we would like to see as part of the completion in response to the specific question. The Service Directive—four things—will firstly remove unfair barriers to cross-border trade; secondly, create an online information portal for service providers; thirdly, improve cooperation between service regulators; and fourthly, and finally, improve the quality of service provision to consumers through stimulating competition and easier accesses to services. In terms of the UK in the internal challenge function within Government—and I am sure business will have its own perspective on it and we welcome their continuing challenge—we are on track for transposition, which is important strategically for the UK economy, with 70 per cent of the UK economy composed of services, of course. In terms of SMEs specifically there is of course the proposal for the EU Small Business Act. When I read about this initially the idea of an Act runs contrary to much of the UK Government's ambition, but it has not yet been decided as to whether that is legislative or non-legislative, and that is the conversation that is continuing. But it is about how do you transpose the Services Directive in such a way that it is as friendly as possible and as sensitive as possible to SMEs who do not have access to the significant sources of advice and technical support by the nature of their size as some of the larger companies, and it is a significant challenge for us in the Services Directive.

  Q41  Lord Harrison: Do you feel that you are talking sufficiently to the FSB (Federation of Small Businesses) and the FPB (Forum of Private Business) and the BCC (Bristol Chambers of Commerce) to try and understand the nature of the problem for small businesses to understand those opportunities, or do you just talk to the CBI (Confederation of British Industry) which, with the best will in the world, claims to represent small businesses but actually represents larger businesses?

  Mr Murphy: We have a dialogue with the CBI, the FSB, the IOD (Institute of Directors) and many others. Could we do more? I am sure we could; it would be complacent to ever say you could do no more. The links are very strong; we have tried, for example, with the FSB to open an online portal in the UK for UK SMEs to be able to make their own proposals for a better regulation idea, based on their own experience of, "Why do I have to do it this way?" whether it is a UK piece of red tape or an EU-inspired piece of red tape. So we continually look for additional ways to have a better quality; and it is important to have the quantity of contact, but improving the quality of the contact is something in which we are always interested.

  Q42  Lord Wade of Chorlton: The sub-committee I sit on, Sub-Committee G, took evidence from the FSB a few months ago and they specifically told us then that they found it virtually impossible for them to give evidence in Brussels on the impact of legislation or the impact of directives on the FSB sector, and that they found that it was impossible for them to get their views listened to or into the system. So are you telling us that you would specifically go out of your way to change that situation?

  Mr Murphy: Your Lordships, that is the first I have heard of that comment and I would undertake, with your Lordships' permission, to read that transcript very carefully and indeed contact the FSB about it.

  Q43  Lord Wade of Chorlton: If you would, we would be most grateful.

  Mr Murphy: I will happily do that because when I was doing the job on Better Regulation at the Cabinet Office I found it was a great benefit to our work to have the FSB's energy and in fact frustration, which is often the same thing, frustration/energy, to drive us on. So I will happily do that.

Chairman: Baroness Symons and Doha.

  Q44  Baroness Symons of Vernham Dean: Minister, paragraph 12 of the Conclusions pledges—and I quote—" ... to strive for an ambitious, balanced and comprehensive agreement in the Doha Development Round." You seem to have been pledging this for rather a long time; indeed, I think I was Minister for Trade at the time of Doha and that is quite a long time ago. What is the current state of negotiations and do you really have a genuine belief that they will come to a successful conclusion?

  Mr Murphy: The frustration for me, and I suspect for many of those who follow international development and the interaction between development aid and trade and the markets, is that this is another one of those issues that has now been trapped in a vocabulary which is entirely impenetrable. For example, on the specific progress that has been made recently your Lordships would find it interesting, I am sure, but many of those who campaign on these issues would find it difficult to follow if I were to share with your Lordships the fact that we do see a significant progress on the negotiations in Geneva of what is described as a new Chairs' text on agriculture and non-agricultural market access, and that is the basis of the ongoing discussions now. It is frustrating that something as important as this is reduced to something that is as relatively impenetrable as the text I have shared with your Lordships. This has been a long process, and it is reasonable to argue that it is far too long, but we do remain absolutely committed to a pro-development outcome as part of the Doha Round and will continue to champion that cause, but the pace of progress has been painfully slow.

  Q45  Baroness Symons of Vernham Dean: Is there real progress, though, even if it is slow? Is there really progress?

  Mr Murphy: Arising from the progress on 8 February on that text I referred to, there are still discussions going on about some of the contentious areas. There is an expectation that we expect the WTO (World Trade Organisation) to convene a ministerial meeting possibly in eight weeks or so, which could pave the way for the deal later this year. So that is the current expectation, that with this Chairs' text being released and with conversations going on around the detail of some of the contentious issues the hope, our ambition would be that that WTO Ministers' meeting would take place in May. That is our hope and it is what we are working towards. But I share Baroness Symons' frustration; I remember being the Government Whip at the FCO when Baroness Symons was working on this issue and I had not realised that this number of years later we would still be discussing it.

Chairman: Let us go on. The Commission seems to be working up a proposal for a new Social Agenda. Lord Wade, would you like to probe on that one a bit?

  Q46  Lord Wade of Chorlton: Thank you, my Lord Chairman. We would like to find out a little bit more about your views on the impact of these new proposals for the continuation of the Social Agenda. When does the Government expect this to be adopted? Does the Government have specific views on what it should include? And what relationship, if any, does the Government expect it to have with next year's budget review? Three questions.

  Mr Murphy: And hopefully three answers! First of all, your Lordships, I should say again that my frustration at the slow rate of progress in Doha was in no way because of an assertion, implicitly or otherwise of the work that Baroness Symons did on the building blocks of delivering it! Having been through the weeks or years of the Lisbon Treaty ratification process I am conscious of leaving even a trace of apparent sceptical observation, so I hope that is absolutely clear—it is despite the work that Baroness Symons has done, not because of it! In terms of the specific point on social Europe and the Social Agenda, we are very confident that Europe should have this social Europe, social dynamic. Whether we call it social Europe, social dynamic, flexicurity or anything else is not as important as the content of it, and our starting point and our position throughout this will be the most effective way of delivering a social Europe is to develop flexible markets, complete the Lisbon Agenda, a lighter touch on regulation, greater flexibility for workers and no new heavy-handed centrally imposed legislative solutions. In the context of globalisation that also means that we should avoid, I think at all costs, the temptation to lurch back into economic protectionism. So that leads you to the point of what we are talking about really is a social Europe of maximum employment, including those who are on inactive benefits, as I alluded to earlier, in terms of incapacity benefit in the UK. So what is the EU's contribution without impacting upon Member States' competencies because clearly most of the competencies are for Member States rather than for the EU? The competence for the EU is about ensuring that it is a genuinely competitive, open, flexible market and that the budget process focuses on worker mobility, skills enhancement, supporting further projects and programmes such as ERASMUS, to ensure that that is the type of social Europe that we deliver. It is not the social Europe of protectionism; it is the social Europe where we believe in full employment. As I have said before—and I got in some trouble on this before in some sections of the media, and again without wishing to draw your Lordships into the party politics of this—the Labour Party and the trade union movement was of course founded on the right to work and has never defended the right not to work—I just do not believe in the right not to work for those who are able to do so. Therefore, a social Europe is about supporting people to fulfil that right to work. Based on the evidence before us in the UK that means flexible labour markets, completing the Single Market rather than the contrary approach, which I think is voiced on occasion in other European capitals which, based on the evidence, is not anywhere near as effective, which of course is protectionism and rigid labour markets. In terms of timescales there is a relationship between this of course and the budget review and it is a debate that, as your Lordships are aware, is not new and will really continue into and beyond the budget review; but how it is captured in the budget review we think is a greater focus for mobility of workers and skills across the EU.

  Q47  Lord Wade of Chorlton: To sum it up, you are really saying that it is an economically driven social improvement; that we improve the wealth of Europe and we improve the social benefits as a result?

  Mr Murphy: Improve the wealth of Europe and in doing so simultaneously improve the skills capacity of the European workers and do that simultaneously, and I think we are in the right place. I have reflected on before—and I think your Lordships may have read or heard me say something like this before—that across the European Union there are 92 million economically inactive citizens—92 million. I am not putting a figure as to what the preferred number is but these are 92 million economically inactive that are not classically unemployed, but that is more than the population of all of Scandinavia and the ten new Member States of the European Union combined. Does that feel about the right number? Of course it does not. And as we have our own labour market reforms in the UK—perhaps belatedly in terms of inactive benefits—I think there is an equal challenge for all Member States of the European Union to get this right.

  Q48  Lord Wade of Chorlton: But you would not expect that it has a big impact on any change in the UK because this is very much, is it not, the policy now?

  Mr Murphy: It is very much the policy now but there could be changes based on the sharing of best practice. If as part of this dialogue we discover that in Germany, Italy, Slovenia or somewhere else there is a remarkable innovation in the labour market or in the skills capacity I think there is no difficulty in sharing best practice. So that is the extent of change. Will there be a centrally imposed legislative solution to this? No, there should not be.

  Chairman: We have the Minister for a maximum further 40 minutes and we have several substantial questions to get through, so let us make progress. Climate change and energy, Lord Sewel.

  Q49  Lord Sewel: Minister, the Council, as I understand, welcomes the report by Commissioner Ferrero-Waldner and High Representative Solana regarding the impact of climate change on international security. It was a pretty frightening report, was it not—almost at the gates of doom really? So the first question is does the United Kingdom Government agree with that analysis? And the second question obviously is, if you do agree with it what are you going to do and do you think that the EU needs to sharpen up its act in integrating its approach to how environment issues can impact on security issues?

  Mr Murphy: We strongly welcomed the report because of the quality of it but also because of the message. It is a wake-up call, if it were needed, to some in the EU and beyond because it is a report read not just with impact in the EU but beyond. The two things in particular that are important are about mainstreaming the climate change debate as a national security issue, as an issue on migration, on energy, and mainstreaming it in that context. So that is one of the particular things that we welcome. Secondly, specifically the High Representative has been tasked to submit specific proposals and recommendations for follow-up action arising from the report, and that is strategically a crucial piece of work. I think importantly within that is a regional analysis—region by region—as to the implications of climate change in different regions, whether it is water shortages, food shortages, movement of people, energy, water levels, so that there is that kind of one size fits all analysis. But it is an important and welcome piece of work which now has to be built upon.

  Q50  Lord Sewel: Just to draw out from that, it is not too difficult to see competition for water resources, energy resources and food resources as being the three factors which are most likely to impact on international security in the decades to come.

  Mr Murphy: My frustration on the debate on climate change would be—and, again, this is not meant to be dismissive, but just a personal observation, and let me say first of all that I like polar bears—that on occasion it is too often focused on polar bears. It is not about enlightened self-interest, it is not about economic self-interest or the national security of self-interest, it has in the past in previous years been about, "Let us do the socially responsible thing for socially responsible purposes exclusively." We are all in that place, we are all willing to do our bit in that context, but to get the degree of change in governments but possibly more importantly in the behaviour of citizens across the globe and across the EU, it has to be more than just do the right thing for the right reasons—it also has to be about enlightened self-interest. That is about mainstreaming climate change which is a genuine and strategic threat to our nation's future, our nation's economic future and our nation's security future, and I think that is what this report helps to do.

Chairman: Targets for renewables, Lord Kerr.

  Q51  Lord Kerr of Kinlochard: Minister, I am trying to work out what is new in the Conclusions of this European Council on the energy/climate change front. I cannot find any new target. I am pleased not to find any carbon tariff and I am pleased not to find any carbon energy taxes. I see a lot of stress, which seems good to me, on competition in network industries, and a sort of commitment to reach political agreement on the gas/energy third package, including interconnection, by June, which seems to me good. But I see a lot of other things which look to me to be simply repeating what I have seen before, in particular in the spring 2007 European Council Conclusions. Have I picked out the right new things? Is there something big and new that I have missed? Is there anything that you would like to tell us about what this European Council achieved on climate change and energy?

  Mr Murphy: I think what is significant first of all is that there was not, if you like, an unpicking of previous declarations and commitments and that is very important. Governments have had the months to reflect since the previous Council and the genuine realisation of the size of the challenge we have set ourselves could have led to a much more difficult discussion and set of Conclusions, which suggested the need for a pause for thought and reflection. Those debates still continue, of course they do, particularly amongst some of the Central and Eastern European Member States—the fact that the EU remains committed in principle to its previous agreements, the fact that, to be frank, the most significant climate change renewables and measures come out of the Council. In addition to that the point made in the question is absolutely fair, that there is the other significant thing by virtue of the fact that there were not any additional add-ons. The Council can either have unpicked previous agreements or decorated it with hindrances to such an extent that would make it either undeliverable and devoid of purpose or real meaning, and that did not happen either. The final point is, specifically on the proposals for some sort of border tax, that that proposal was put forward and it is a proposal that when I was in Paris a fortnight ago the Europe Minister in the French Government, Jean-Pierre Jouyet lobbied me on, we pushed back on and we continue to push back on. We think tactically, in the short to medium term at the very least and probably on a longer scale than that, that is the wrong-headed way to go about this. We cannot expect international cooperation on climate change, technologies and on renewables in the context of punitive tax proposals which will then lead to international recrimination. It also sends a message to the rest of the world that Europe can only deliver on renewables in a way that hurts our economy and as a consequence we will take these protective tax measures, and I think that other countries and other global trading blocks would then respond in kind, and I think that is a very unhelpful way for us to progress. The important thing is we did not unpick the previous agreement and we did not add to it in a way that was unhelpful.

  Q52  Lord Kerr of Kinlochard: I agree. I do not mean to be critical; I think that is very sensible. I did spot what seemed to me to be two slight changes of tone. One was the emphasis on flexibility in how Member States achieve targets, which fits with what the Reform Treaty, as you will be all too aware, Minister, says about Member States being absolutely entitled to set their own energy mix; there seemed to be rather more about flexibility as to how you achieve targets. Secondly, and particularly on biofuels, I thought that while there is no resiling on the commitment to ten per cent in transport fuel; there is quite a lot about the need to have greater synergy between climate change and biodiversity policy and to ensure effective sustainability criteria in meeting the ambitious target for use of biofuels. Am I right that that is a change of tone, and do you think it is a significant one?

  Mr Murphy: On those two points I am glad your Lordship has acknowledged the responsibility for the deployment of an energy mix remains an issue for Member States, but I think it is inevitable—and I think it is a welcome inevitability—that as we look into the detail of how this target will be delivered that there is Member State flexibility—flexibility on how to encourage uptake of renewables and flexibility as to the different sectors of demand and the most effective ways in each Member State to drive delivery of the renewables targets. That flexibility I think was welcome and probably inevitable as we get closer to working through the detail. In terms of the point about biofuels, I am willing to acknowledge to your Lordships that I am relying on scientific advice available to the FCO—it is not something in which I have a personal detailed background in terms of the interaction between climate change and biofuels—and the evidence provided by the scientific community is that there is a greater climate change benefit, if you wish, from second generation biofuels and on that basis I think it is right that any attempt to go towards a more ambitious biofuels target upon the ten per cent should wait until we know the exact benefit of second generation biofuel deployment, and that is what the statement says there—an acknowledgement of the science of biofuels and the science should drive any advancement on the ten per cent target.

  Q53  Lord Sewel: Can I take up the issue of the targets, the 20 per cent overall target for renewables and the ten per cent for biofuels for road transport? Surely in combating global warming and climate change the key, if not the only things that matter are the global aggregates, and therefore it seems absolutely right and sensible to set overall emissions targets, allocate those to Member States and allow the Member States to decide for their context which is the most economic, effective and efficient and sustainable way of achieving them and not go down into particular targets for particular renewables for particular fuels.

  Mr Murphy: I think that is the right way to progress. I think, with respect, that is what we are trying to do. There is a conversation that continues in European capitals about this, but I think the balance of opinion fundamentally is very strongly in our favour, this degree of flexibility. Perhaps a year or so ago that may not have been what the debate was but as governments across the EU start to consider just how they would specifically deliver the renewables target there just is not a one size fits all. I met with the Finnish Europe Minister, who said—and again I am not a spokesman for the Finnish government so I do not want to misrepresent the comments—in general terms that without the flexibility that is sensitive to the nature of what Finland has already achieved and the structure of the economy of Finland it would be very difficult for Finland to make progress on these issues. On the specific point about flexibility in the UK—and Burke is considering estimates about wind power contribution, which I am advised that to electricity generation we are in the region of 30 per cent, which is of course beyond the UK 16 per cent target. So, again, that is an example of the flexibility that the UK would seek to deploy. The final point on this is that this is about deliverables and improvements but it is also about leadership. If the European Union, Heads of State and Government sign up to bold targets and then resile from them and a difficult decision is needed to achieve them, I do not think we can expect in any sustained way for the rest of the world to then play its part in the post-2012 international deal, because without the EU delivering importantly I am not sure about what is the architecture of an agreement that then gets the US, Japan, Russia, China and other economies to play a part in this as well. So it is important that we deliver and also lead.

  Q54  Chairman: Before going on to carbon leakage, which I find a most regrettable addition to our international lexicon, I must say, could I just slip in a question about VAT concessions on eco-friendly goods. This seems to have dropped on the Council from out of the clouds, the Prime Minister's proposal, and it did not go down well with everybody, particularly not the Germans. I notice in the Prime Minister's statement made in your House and read in ours that when the Commission comes to deal with its summer legislative proposals on the VAT that they might be including this as some sort of an addition to their regular examination. Is the Government placing high hopes that something like VAT exemptions for eco-friendly goods might be included?

  Mr Murphy: I think it is something about which, along with some other Member States, we remain very enthusiastic. There was not a concrete conclusion of specific deliverability on VAT or on climate change-sensitive goods but it is something that the Council agreed we should return to. On all of these things of course you will want to see progress as quickly as is humanly possible but I think we have registered that there is an agreement to return to it and we will exploit to the full the opportunity that has now been opened. It is part of the mix of climate change efforts by the EU that we think is important and it is a view that is shared by some other Member States as well.

Chairman: Thank you, that is clear. Lord Plumb, carbon leakage.

  Q55  Lord Plumb: It naturally follows, I think, the question that Lord Kerr put and of course runs on from dealing with emission reductions. You are stepping into very much an unknown field I think because there will be a lot of mixture before we are through on this one. But on carbon leakage at least the EU is setting a lead and therefore there will be an exposure to international competition. I think, on this, one is bound to be concerned that short of allocating free emission permits to businesses in those sectors, what do you consider other policy options might be and can they be used to address the problem? And if some proportion of emissions permits continue to be allocated for free, will this not undermine the proper functioning of the EU Emissions Trading Scheme?

  Mr Murphy: The important point we wish to continue to get across to other governments in the EU—and obviously I mentioned this in passing answering Lord Kerr's question that you have alluded to, Lord Plumb—is that a policy should follow the evidence here. The evidence based on the research that we commissioned was that there are a few sectors that may be affected and it may be helpful to your Lordships if I place on record what some of those would include: they would include the sectors covering cement, iron and steel and some others, but those are the three. Our alternative approach is to seek international sectoral agreements on these issues so that these punitive tariffs, border tariffs would not be necessary. I think it is accurate to suggest that those countries that are most enthusiastic about climate change tariffs, border tariffs of this nature, and on occasion are also those countries that are most enthusiastic about a protectionist and economic posture more generally. I think there is a legitimate conversation to be had about to what extent is a climate change tariff a proxy for general concerns about international economic globalisation in any instance. Of course, the major stated public concern about the EU delivering on climate change in this way is that it is not about carbon leakage. Carbon leakage, of course, is another way of describing jobs leakage to those economies that are not as proactive on climate change as the EU would be. We are not interested in seeing a European Union accept that economic architecture that says we should not act because the whole world will not act. So what is the solution? We see the solution as evidence-based, following the signs on specific sectors rather than a complicated set of international, multilateral and bilateral border tariffs. I think in doing that, as I said in response to Lord Kerr earlier, we do not send a message to the rest of the world, the US and elsewhere, and China, that to do the right thing would be expensive and to do the right thing by necessity leads to the need for significant economic adjustments and that degree of tariff retaliation. So I think the best way is to follow the signs of the sectoral agreements across the globe, so that is what we continue to work on. We have said to the French and others who are interested in this that it is not something we wish to follow.

  Q56  Lord Plumb: In other words you are hopeful that the European Union would set an example, but to what extent do you think that countries like China are going to follow?

  Mr Murphy: Obviously the Foreign Secretary and the Prime Minister have both been there recently and it is our assessment that the Chinese leadership have decisively made the intellectual leap towards the need for action on climate change. Equally frankly, the assessment is perhaps from a different perspective to the UK. Their assessment is on occasion driven by the remarkable increase in the cost of food in China, driven partially by population growth but largely actually by the impact of climate change on agriculture. So with China potentially the way in there on climate change is about food shortage/food pricing. Equally in Russia the way in there would be on energy efficiency and the capacity of their energy sector to be able to fulfil its international commitments, and with the current degree of energy inefficiency in Russia it is difficult to see them meet their international obligations. So I think there are different ways into the same argument in different capitals and in different populations, and China is an excellent example of it.

Chairman: Thank you very much indeed. Could we move on to the Union for the Mediterranean and Baroness Symons?

  Q57  Baroness Symons of Vernham Dean: Minister, the Union for the Mediterranean, largely accredited to Mr Sarkozy, all the diplomatic chit-chat is that perhaps there are a number of different views about the merits of the scheme within Paris itself, let alone anywhere else. I wonder what you can tell us about the disagreements and agreements that there are, the matters of contention over this that surfaced at the meeting; and what the UK's position is on the objectives and the financing of the project which I heard recently described as, I think, the "small tombstone" on the whole project itself, and when you look at how much was devoted to it in the Conclusions perhaps that is a reasonable conclusion for us to come to.

  Mr Murphy: I cannot add to the diplomatic chit-chat or the undiplomatic chit-chat, certainly not in this gallery but perhaps on another occasion. The sense was that President Sarkozy of course made his statement I believe on the Mediterranean Union and it was important that the detail was then followed up. That detail is now much clearer and where we are now is that the Mediterranean Union is not now the property of France, it is not a French proposal, it is in the ownership of the European Union, and that is important, based on the way that these things are dreadfully described, based on the Barcelona Process. If there was tension at the Council meeting the tension was—and I think this may have been reflected in some media coverage, I am not sure—that obviously there are two discrete areas of the European Neighbourhood Policy, that to the south and that to the east. There was a worry—I think voiced most vocally by Poland—that we should not be favouring one aspect of the Neighbourhood Policy over another, and as a consequence there is a proposal to return with what are the impacts to the Mediterranean Union on the European Neighbourhood Policy in the east. The UK's position has been that the Neighbourhood Policy to our east and our south should not be seen as competition; we should not favour one over the other; the Neighbourhood Policy should not be an alternative to membership of the European Union and now the Mediterranean Union should not be seen as an alternative membership of the European Union in time, and we are very clear about that. But now the rest of the European Union is equally clear about that—this is not an alternative to membership. In terms of funding, once we have worked through the specific projects that we seek to do then we will work through the funding sources for it. But those are the principles; the principles are no competition between the east and south; the principle is it is not an alternative to membership; and the principle is it is not owned by one Member State but is the property of all the European Union and I think that is now clear and we are actually very content with that outcome.

  Q58  Baroness Symons of Vernham Dean: Is it better that it is the property of the whole European Union because that facilitates a decent burial?

  Mr Murphy: It is important that we all share in the responsibility to make it effective.

  Q59  Chairman: But is it clear that it is, so to speak, budget neutral; that is to say, that it all has to be accommodated within whatever the Lisbon Process manages to get into its coffers?

  Mr Murphy: There is not an additional source of income as a consequence of this.


 
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