Sir Bernard Jenkin
MP for Harwich and North Essex · Conservative · United Kingdom
“Despite long and historic disagreements between successive UK Governments and Israel, it has remained a steadfast ally in counter-terrorist efforts to keep our people safe in this country. We are now embarked, it seems, on a full diplomatic dispute with Israel and tit-for-tat expulsions of diplomats.”
“I would very much have liked to have discussed the medical devices questions arising from the Bill. The Minister made an incredibly short speech about that important matter. It is quite clear that these provisions are part of the covert dynamic alignment with the EU and the covert rejoin agenda being pursued by the Government.”
“I am as keen as anybody to get on with discussing the Health Bill, but this topic is too serious an opportunity to miss, given that the hon. Member for Leeds Central and Headingley (Alex Sobel) has raised such important issues. I really commend his speech and his initiative. Everybody should read it.”
“The Minister shakes her head, but she is yet to give a good reason as to why this measure is in the Bill. When we had an Adjournment debate in July with the then Minister for patient safety, the hon.”
“The chief executive of the CQC is wantonly conflicted in terms of looking after the safe space, so he cannot be the one left in charge of that function. The real point here is that we are missing the opportunity to save so much money. Governments keep having public inquiries.”
“I asked the Minister, in a letter I sent her after the debate in July, to give us the information on how much the transfer of all this would cost. Nothing has arrived. I never had a reply to the letter. Of course, the Government have changed the Minister and the new Minister for patient safety, the right hon.”
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“As he pointed out to us, he was always able to conduct his analysis of Budget documents without the benefit of pre-release access. He is an accomplished communicator of statistical issues, and communicates in a way that can make him truly engaging and relevant to the wider public. He was the first presenter of BBC Radio 4’s “More or Less” programme, which, whenever I turn it on, I find myself unable to turn off, because it is so revealing about what we need to know in public life. In the arena of fiscal statistics, Andrew Dilnot has long demonstrated an independence of mind and confidence that have attracted criticism only from those who have found his truths inconvenient.”
“Member for Luton North (Kelvin Hopkins), a member of the Public Administration Committee and academic statistician of some distinction himself, should serve on that panel, which he duly did. Having been consulted and had our views taken into account, the Committee was confident that the fresh panel was well placed to select an independent and capable candidate. The House has before it the transcript of the pre-appointment hearing held with the Government’s preferred candidate, Andrew Dilnot, who gave a stellar performance. He is no stranger to any of us—his work with the Institute for Fiscal Studies was for many years required reading at Budget time—and I am sure that many right hon. and hon. Members on both sides of the House have been briefed by him on occasion.”
“I am grateful for that comment. I also want to place on record my appreciation for the action subsequently taken by my right hon. Friend the Minister for the Cabinet Office, who readily agreed that the competition should be rerun and generously consulted my Committee on the arrangements for rerunning it, as it was clear that the previous arrangements had led to the situation. He decided that the nomination panel should be chosen afresh, and the new panel did not include the Cabinet Secretary or anyone else of permanent secretary rank. He agreed that a parliamentarian should serve on the panel, to assess the independence of the panel from the Executive, and we are pleased that he accepted our suggestion that the hon.”
“Will the right hon. Gentleman reflect on what interests prevented him from persuading his colleagues to abolish it and does he therefore have some sympathy with my right hon. Friend the Minister for the Cabinet Office and Paymaster General as regards the opposition he might be facing?”
“I will leave the matter of the institutions—it is obviously too sensitive a point—but why would South Korea not have agreed a bilateral arrangement with a country such as Britain in any case, given that we are one of its allies and so on? Why would the South Koreans want to take protectionist measures against us if they are prepared to make a free trade agreement with the rest of the European Union?”
“I hope that the hon. Lady will make the position of her party clear. Would she have signed up to the presidency conclusions agreeing to a treaty of 27 in principle—yes or no?”
“If there is a two-tier Europe, it was created by the formation of the euro, and its foundation was the Maastricht treaty. Those who supported the Maastricht treaty cannot now complain that we have a two-tier Europe, because they voted for it.”
“May I congratulate my right hon. Friend on sticking to a very simple principle of fairness in the European Union: that the institutions for the 27 are there for the 27? May I also remind him and those on the Opposition Benches—and, indeed, the BBC—that he has the support not only of the Conservative party but of the British people for what he has just done?”
“The country wants us to stay in Europe, but to retrieve some powers.” Now, we want that opportunity. We may not have another chance like this. This is the time to renegotiate our relationship with the European Union. It is the catalyst that might bring about the reform of the EU. If not now, when?”
“I would vote for that and I would campaign for a “yes” vote, so we can stay in the EU on that new basis. There is absolutely no reason why that proposal should delay this summit. If the other states wanted to do so, it would be up to them, as I have said. That would allow Westminster politicians to fulfil the promises that we have made so often and broken, to give the people the right to decide the destiny of our nation. As the Prime Minister has said: “It is wrong that we did not have a referendum on Maastricht, Lisbon and those other treaties.” —[ Official Report , 24 October 2011; Vol. 534, c. 33.] The changes being proposed in this treaty are Maastricht-plus. Refusing to hold a referendum in such a situation will not stand. The Prime Minister told us: “Future treaty change will bring opportunities for Britain.”
“It would be a matter for renegotiation with the EU on a case-by-case basis over time, and the same would apply to new proposals such as the ludicrous financial transactions tax. That would enable us to establish a new relationship with our EU partners on a fundamentally different basis, while remaining in the customs union, which is the founding element of the single market. The Prime Minister can say, perfectly reasonably, that he has done his best to co-operate with our EU partners in the crisis but that he must take Parliament and the British people with him. He can say that fiscal union is too big a change in our relationship to countenance without a referendum in the UK, but that he should offer to put this new relationship to the British people, and on that basis he would campaign for a “yes” vote.”
“The euro-zone crisis has created an opportunity for a new relationship with our EU partners, in which the UK can take more decisions and Brussels fewer; this would be in line with the basic principle that the authority to pass laws should be democratically accountable to those who are affected by them”. That is relatively uncontentious; I do not see how anyone can object to that manifesto. At this summit, or later, in the light of what we will learn about the detail of Germany’s intention for the euro 17, the UK should seek agreement in principle that the UK Parliament, and not the EU institutions, decide what laws apply in our own country, and how they should be interpreted and enforced. That would, in effect, be the UK nationalisation of the EU acquis communautaire. There would be no instant annulment of EU directives or regulations.”
“Attempts at this summit to nibble at certain powers are bound to be disappointing, as opt-outs and protocols have so often been circumvented by the European Commission and the European Court of Justice in the end. There is an emerging consensus among many Members of Parliament and elsewhere that we need a more straightforward solution. Some of us in the Fresh Start group agreed a mission statement earlier this year to help guide our work. It said: “UK citizens want co-operation and free commerce with our EU partners, but a majority believes that too much power has been transferred to the EU without their consent; in areas ranging from policing to employment law, from Health and safety to immigration, our citizens want control over their own destiny.”
“A recent report by the TaxPayers Alliance, “Terms of Endearment”, sets out a list of powers that it would be desirable to repatriate to achieve a satisfactory new relationship. They include business regulation, employment law, fisheries and agriculture, and immigration and taxation. I also much admire the work being undertaken by the all-party group on European reform and the Fresh Start project, under the leadership of my hon. Friend the Member for South Northamptonshire (Andrea Leadsom). She is doing a great service for her country. That work certainly needs to be done, but as she acknowledges, it is detailed and complex, and it really would be unreasonable to embroil the EU machinery in such a breadth of contentious issues and in such legal complexity at this time.”
“Any agreement falling short of fiscal union that avoids treaty change, such as altering protocol 12, as proposed by Herman Van Rompuy in his report, “Towards a stronger economic Union” would still require the UK’s approval at the European Council. There is, therefore, no way we can be bypassed if we place our demands on the table. Far from it not being the time to renegotiate bringing powers back, this is the moment when we have the most leverage. We cannot afford to settle for another limited opt-out, safeguard, or protocol. That would not be the fundamental change that the Prime Minister and so many others say they wish to see. Things would simply carry on, but under the new arrangements, they would be worse. What should the Government do now?”
“This is not only the best opportunity for us to renegotiate our terms of membership; it is likely to be the only one, short of taking unilateral action. Let us, in passing, dispose of another myth. Unless all EU27 member states agree to those changes, there will be no fiscal union. Even a treaty of the 17 member states would need the support of all member states, or none of the EU institutions could be involved with the new proposed arrangement. That is why my right hon. Friend the Prime Minister was absolutely right when he stated in The Times earlier this week: “These institutions belong to all EU states”. We should not allow them to be hijacked by a wholly new organisation. A treaty change through article 48 of the treaty on European Union—the internal treaty revision procedure—would still require ratification by the UK.”
“The article continues: “His concern is that a fiscally united eurozone will spend as a bloc, tax as a bloc — and, when it comes to European summits, vote as a bloc.” As he is right to go on to say: “It is wholly unacceptable to have a new bloc in which we would be permanently outvoted… if they want to go ahead and form their new country, we want to get the power to run our country back.” Secondly, the Government are asking us to believe that we will have a better opportunity to discuss our fundamental concerns after the new EU treaty changes have been agreed and ratified, perhaps after another two or three years. Does anyone seriously believe that Germany and France would agree to that? What leverage would we have then? Why would they need to listen after we have already signed the new treaties?”
“Let us not forget, too, the direct financial costs of EU membership: a net contribution of £7.6 billion by the UK this year, a sum similar to the aid budget and equivalent to around a quarter of our defence budget. Let us remember that all those pressures on the UK arise from our existing terms of membership. That is how the EU institutions operate against our interests. If they are doing that now, what will it be like in future? The reality of what is happening in the EU was very well set out in The Spectator today by my right hon. Friend the Secretary of State for Northern Ireland. He rightly warns that the EU17 is planning to become “a new and very powerful country which can dominate us” through the existing treaty arrangements.”
“I will then set out what the UK must demand, and is entitled to demand, if fiscal union is to proceed, and finally I will explain why a referendum in the UK on the treaty changes will be desirable, necessary and probably inevitable. First, fiscal union in the eurozone will utterly change the relationship with the EU, as it will fundamentally alter the nature of the EU itself. We will be linked by treaty to what will effectively be a new economic state, and we will be like a rowing boat dragged along in the slipstream of a supertanker. The EU will be dominated by a bloc of 17 euro countries with shared economic priorities and structures of government—that huge club within a club. Social policy is just one area in which EU policy is operating contrary to the UK’s national interest.”
“A recent Open Europe report entitled “Repatriating EU social policy: The best choice for jobs and growth?” has estimated that EU social law costs UK businesses and the public sector £8.6 billion per year. This afternoon I wish to set out how the Government are asking us to believe two unbelievable things. The first is that a move towards fiscal union and even closer integration in the eurozone will not fundamentally alter the UK’s relationship with the EU, and the second is that the best time for the UK to negotiate to repatriate powers will be not now but in a few years’ time, after the changes in the eurozone have been made and by which time the eurozone crisis will supposedly have been settled.”
“It is about competitiveness, jobs and the growth of our own economy in the short, medium and long term. And, I have to say, I commend the words of the Deputy Prime Minister, who warned of the dangers of a huge “club within a club.” Yes, that is exactly the threat we are now facing. Our prosperity and competitiveness are already under constant attack from the burden of EU regulation, and the agency workers directive and the working time directive are typical of the costly and unnecessary regulations that destroy jobs. It is estimated that these two laws alone cost the UK economy £3.6 billion per year, and if we are not prepared to deal with that, we are not dealing with the problem we face. The British Chambers of Commerce calculate that the cost of additional EU regulation introduced between 1998 and 2010 is a staggering £60.75 billion.”
“We are constantly being harangued by people, who say that if we are asking questions about the summit we must somehow want to wreck it, but the Prime Minister himself has offered the prospect of a veto, so they need to make that accusation to him as well, and of course that would be ridiculous. I commend the Prime Minister for making it clear that he will stick up for British interests. There is no need to delay ratifying treaty changes unless other member states object to the reasonable demands that the UK Government should make. Then it will be our European partners holding up the summit, not the UK. The UK must hold out for the fundamental change in our relationship with the EU that fiscal union will make indispensable. The Prime Minister reminds us what this is really about.”
“These British visions of a different kind of EU have been proffered and offered to various EU summits down the decades, but they are not on the agenda of our fellow member states, or of the EU Commission and the other EU institutions. They never have been, and other member states are not spontaneously going to come round to our way of thinking. They are not interested in discussing those visions. The Government say that they might veto the treaty changes discussed at the summit, unless the treaty has “the right safeguards for Britain…around things like the importance of the single market and financial services”. It is very important that the Prime Minister has put that on the record, but it gives the lie to the idea that it is unthinkable for the UK to refuse to accept the EU’s plans for fiscal union without making demands of our own.”
“A Europe that looks beyond itself with its eyes to the horizon, and recognises that it must change fundamentally or fall behind. A Europe that cherishes its national identities as a source of strength.” Well, amen to that. I do not think that a single member of the Conservative party would object to that, or indeed that a single person in the country could. But we have heard this before. It is an echo of the previous Prime Minister’s plea for a “global Europe”. Tony Blair spoke of a Europe that is “democratic”—one thing that the eurozone will not be—and John Major spoke of a Europe that recognises that “the nation state is here to stay”.”
“As a result, at this summit the UK is presented with the unenviable dilemmas of the forthcoming decisions. Once again, the UK is reacting to an agenda set by other member states, and Ministers are left managing what can be described only as a retreat. To cite another of the Prime Minister’s phrases, “we cannot go on like this.” The Prime Minister has made it clear that “the bottom line for us is always what is in the interest of the UK”, and I agree, but what is the bottom line? In his article in T he Times yesterday, the Prime Minister said that he was still committed to forging “a new kind of Europe…a more competitive, dynamic and outward-looking Europe…a Europe that has the flexibility of a network, not the rigidity of a bloc.”
“Official rhetoric on the EU might have moved on a bit from the days of John Major, but the substance of policy remains remarkably similar. My right hon. Friend the Prime Minister now says that there should have been a referendum on the Maastricht treaty, but he has yet to criticise its substance. From today’s perspective, does anyone seriously doubt that John Major should have vetoed monetary union? Maastricht also established the principle of the two-speed EU, with its dangerously comforting opt-outs. Subsequent treaties, not least the Lisbon one, have proved that two-speed, multi-speed, or whatever you want to call it, means only one federalist direction for the EU, with the UK having less and less influence, since opportunities for veto have been given away more and more.”
“There will be only one real issue on the agenda in Brussels tomorrow: the final desperate act of European integration—fiscal union. In other words, the issue will be the formation of economic government of the 17. According to President Sarkozy and Chancellor Merkel in their letter to Herman Van Rompuy, this will “need a renewed contract between the Euro area Member States”. The coalition agreement never envisaged confronting a major change to the EU treaties in this Parliament. The EU was meant to be off the agenda and, indeed, the leadership of the Conservative party deliberately downplayed the issue of Europe, both before the election and in the first part of this Parliament. The Government have, therefore, found themselves ill-prepared for this crisis.”
“Speaking in Toulon last Thursday, President Sarkozy of France said Europe must be “refounded”, and he is talking today about the crucial historic moment of this summit. I think he is upping the ante a bit, perhaps unnecessarily, because no treaty will be signed at the summit. The participants will merely be agreeing issues in principle, and there will be long and arduous negotiations about the treaty text before anything is signed. In her speech to the Bundestag last Friday, Chancellor Merkel of Germany said: “We have started a new phase of European integration”, so the idea that nothing much of importance is happening in Brussels except trying to save the euro is a distortion. The leaders of France and Germany came together on Monday to hammer out their vision, not just of how to save the euro but of the future of Europe.”
“It is an unexpected pleasure to be opening this debate, and also that it is taking place at all. We should, of course, have a full-day’s debate in the main Chamber in advance of a summit of the importance of the European Council summit that is about to take place. Under the previous arrangements there would have been such a debate, but the Government somehow do not seem able to provide for one under the new arrangements. Nevertheless, it is a great honour for me to have been given the responsibility to set out what many of us feel should be addressed at the forthcoming summit. There is no doubt that this is a momentous moment in the history of Europe, and you do not need to take my word for it, Mr Turner.”
“Does my hon. Friend share my concern that, even if the European Central Bank was turned into a fully fledged sovereign central bank and printed unlimited sums, it might provide liquidity and buy some space for a while, but the fundamental structural problems between the different economies stuck in the eurozone would not be addressed? Austerity packages would still need to be applied, but the EU’s institutions do not have the democratic legitimacy to impose austerity on countries in that way.”
“I could accept that approach, and my hon. Friend has answered her own question about what the referendum question could be. We will not agree the treaty texts at the summit; the meeting will discuss issues of principle and the treaties will then be drafted, but their ratification will take months if not years. We are talking about a referendum some time during that period to ratify a new deal for Britain. Does my hon. Friend not think that that would be a sensible way to go? Would it not strengthen our Prime Minister’s hand if he was to put that view to those at the meeting this weekend?”
“If I may say so, my hon. Friend has seen a bit too much of the Government’s propaganda, rather than heard what some of us have been saying. We cannot, of course, ask for a referendum on the spur of the moment; we are asking for a referendum on renegotiated terms of membership, which we desperately need and which this summit demonstrates that we will need. We should be able to tell our European partners, “Go ahead with your proposals for fiscal union. We don’t think they’ll work. It’s a big change for us, so we need these measures in return. As part of the ratification process, we will put this to the British people and recommend a yes vote, as long as you agree our terms.””
“We have one of the best nuclear inspectorate and safety regimes in the world, if not the best. Is the hon. Gentleman seriously saying that he would prefer nuclear inspections to be run by the people who could not even get their accounts audited for the past 15 years, and who gave us the common agricultural policy and the common fisheries policy? Does he not see that these multinational European bodies are grossly inefficient and hopelessly unaccountable, which is why the British people have had enough of them?”
“The problem is that the word “repatriation” is open to confusion. The basic principle of the EU legal system is that powers cannot be repatriated. There is a judicial doctrine—the doctrine of the occupied field—and once member states have delegated a power to the European Union, it cannot be recovered. There is no mechanism for doing that, which is why we need a fundamental change in our relationship with the European Union to address the fundamental problem. The problem is the treaties.”
“I follow on the point about foreign direct investment that my hon. Friend made to the hon. Member for Wolverhampton North East (Emma Reynolds). It is interesting that Poland, which one might describe as a pre-in—it is not in the euro, but a pre-in nation state in the European Union—supports the German line. That is precisely because it is such a huge beneficiary of public subsidies arriving through the European Union, largely paid for by the German taxpayer, and because it is massively dependent on FDI. As a result it is effectively already a satellite state of the eurozone.”
“I remind the hon. Lady that, after the collapse of the European constitution, Tony Blair went to the European Parliament and said that the trumpets were outside the walls of Jericho and asked whether anybody was listening. Nobody was listening and we got the Lisbon treaty instead. There is no evidence that any Labour Prime Minister had any influence over the general direction of the European Union any more than we do now.”
“The treaty change is without doubt significant and, if the Government want the British people to consent to it, they must inevitably concede a referendum or it will never be ratified.”
“The EU institutions will be concentrating on that and we will become peripheral, so we need a fundamental change in our relationship with the European Union to compensate for that change, not least because our existing terms of membership are already very damaging to this country’s competitiveness, growth and job creation. At the summit, the United Kingdom should seek an agreement in principle—so that it does not hold the summit up—that renegotiation has to be on the table. If the Government cannot even obtain that at such a moment, they are not building a position from which to negotiate in future. As for a referendum guarantee that does not actually guarantee a referendum, I have made my point about that Act of Parliament: it is not sufficient because it does not address our circumstances.”
“I am most grateful, Mrs Main, for the opportunity to make a few remarks in the last couple of minutes available. My right hon. Friend the Minister for Europe is extremely generous, as always, in letting me reciprocate. No one doubts the sincerity of his commitment to doing the right thing for his country as well as for the party and the coalition. I also thank my right hon. Friend the Member for New Forest West (Mr Swayne), who has patiently sat through the debate on behalf of the Prime Minister, whose gesture we appreciate. May I be brutally frank? I hear the Government still in denial about the significance of what will happen. We will have a treaty of the 27 that will create a massive shift in the focus of power to the 17.”
“May I explain to my right hon. Friend why I cheered during his statement? It was because he is absolutely right to show strength and resolution rather than surrender in the face of the provocation by the Iranian regime. May I also give him the fullest support for refusing to rule out the military option? There have been 10 years—more than a decade—of best intentions and positive diplomacy as we have tried to win the arguments with the Iranians. If this incident does not remove the rose-tinted spectacles from our eyes, nothing will.”
“Do the Government think that the European Union summit at the end of next week is of so little consequence that it does not require any discussion before it takes place? Does my right hon. Friend recall that there used to be a regular debate before each European summit? Why has that practice been abandoned? Do the Government think that nothing of consequence will be discussed at the summit?”
“May I thank my hon. Friend for this difficult statement and for the sensitive way in which he has approached these very difficult decisions? Can he confirm that he is, in effect, announcing the closure of the coastguard centre at Walton-on-the-Naze today? Will he understand how much of a disappointment that is to local people, and to me and my hon. Friend the Member for Clacton (Mr Carswell), who have made representations to him on this matter? How can we ensure that the local knowledge of the locally employed people there is somehow included in the new arrangements, not least in respect of their job opportunities, even if they wish to continue to live locally?”
“Does my right hon. Friend agree that creating jobs in the economy is a vital objective of the coalition and that the private sector is indeed creating those jobs? Do the Government believe that the present system of tribunals to adjudicate on unfair dismissal is encouraging firms to take on new people or is it discouraging job creation in the economy?”
“I agree with my right hon. Friend that Greece’s remaining in the eurozone is a matter for the Greek Government, and that there is no free hit for the break-up of the euro, but will he take time to read the Centre for Economics and Business Research paper, which points out that, for Europe as a whole and the United Kingdom in particular, our economy will be growing faster in two years’ time if the euro breaks up than it will if we try to keep the currency going?”
“Why are the Government advocating fiscal union? I put it to the Minister that the words “remorseless logic” are, in fact, a cover for a policy preference, and that the remorseless logic of the present situation is that fiscal union will be economic dictatorship, that it will fail and that we had better be planning for something else.”
“I thank my right hon. Friend for his sympathetic tone about the lack of defence debates that we have had so far in this Parliament. We are still waiting for debates on procurement and defence policy, for example, and we are also still waiting for the annual debate on the civil service. Is not the right answer that we should move swiftly towards having a fully fledged business Committee so that we can end the division of responsibility that has led to these problems?”
“Change is the watchword of the Prime Minister and change in government is a vital ingredient of the Government’s reform programme. How will the head of the civil service be able to lead and implement change if he does not have equal authority and equal access to the centre of government as he does now?”
“May I commend my right hon. Friend for his statement and for the tone in which he has delivered it—and, indeed, commend my right hon. Friend the Minister for the Cabinet Office and Paymaster General? Will the Chief Secretary welcome the notes of conciliation in the response by Her Majesty’s official Opposition? Although our politics does not lend itself to consensus, is this not a subject on which we wish to reach a broad consensus both for the well-being of public sector pensions and for the country and economy as a whole?”
“Given that Chancellor Merkel has called formally on the European Commission to produce treaty texts to amend the European treaties, does my right hon. Friend agree with the following statements “that the accumulated burden of policies, competences, tasks and budgets in the European Union has become too great…that locating ill-justifed powers at EU level can undermine democratic accountability; that the time has therefore come to identify those areas in which EU action is neither logical, justifiable or workable”? Does he share my surprise that those words were written by the Deputy Prime Minister more than 10 years ago?”
“May I join others in commending my right hon. Friend for his leadership on Libya, for which he deserves considerable credit? May I also thank him for the constructive tone that he is adopting towards those of us who will support today’s motion? So many parties have again and again promised a referendum, and the British people clearly want a say over our future relationship with the European Union. Does he understand our anxiety that it is ironic that the House of Commons is likely to vote heavily against what the British people want?”