The House of Commons debated yesterday the European Union (Finance) Bill. During the debate Bill Cash made the following interventions:

The Financial Secretary to the Treasury (Mr David Gauke): It is a great pleasure to serve under your chairmanship this afternoon, Mr Streeter. Clause stand part, the amendment and the new clauses have been grouped, so if it is convenient I shall start with the two clauses, turn to the new clauses and finish with the amendment, which is consequential and related to the new clauses.

The purpose of the Bill is to enable the UK to give effect to the new own resources decision amending the arrangements for financing the annual budget of the European Union. The amendments were agreed at the February 2013 European Council, and the new ORD, reflecting those amendments, was adopted by the Council of Ministers on 26 May 2014.

Clause 1 is fairly simple: it adds the new own resources decision, adopted unanimously in May 2014, to the list of previous ORDs, recognised under the European Communities Act 1972, thus giving it effect under UK law. When passed, the Bill will become the European Union (Finance) Act 2015 and supersede the European Communities (Finance) Act 2008, which approved the previous ORD. Clause 2 cites this legislation as the European Union (Finance) Act 2015 and repeals the 2008 Act.

For the benefit of hon. Members, I shall explain in a little more detail what the new own resources decision, to which clause 1 refers, means. The new ORD will largely maintain the existing financing system framework, which consists of four pillars: levies and duties on trade with non-member countries in agricultural goods, including sugar; customs duties on trade with non-member countries; the yield from applying a call-up rate to a hypothetical harmonised VAT base for each member state; and a fourth resource based on gross national income—GNI. Those four pillars remain largely untouched in the new ORD, and that is no insignificant achievement. During the negotiations over the multi-annual financial framework and before, there was considerable pressure to change the financing system.
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Sir William Cash: On the reference in new clause 3 to

“the relevant European affairs select committee in each House of Parliament”

as my hon. Friend knows, the European Scrutiny Committee always goes through all the budgets, makes reports regularly and has the power to invite anybody, including officials from the European Commission. In addition, it receives explanatory memorandums from the Government—in fact, from the Minister himself. I would like to make some further remarks about this later, but I agree very much with what he says in rejecting the Opposition’s proposals.

Mr Gauke: I am grateful to my hon. Friend for those remarks. Let me come straight to new clause 3, as he has raised that point.

Along with many across Europe, we share the concern that lies behind new clause 3 that the EU is not sufficiently accountable to EU citizens. Hon. Members will need no reminding that the Prime Minister has already made it clear that strengthening the role of national Parliaments is a central tenet of his reform programme. Within the existing legal framework, the Government already take the role of national Parliaments in scrutinising EU proposals very seriously. That is why, when the European Parliament requested the formation of a high-level group on own resources to review the EU financing system, we insisted that national Parliaments, as well as the European institutions, were given a voice as part of the consultation. We therefore amended the joint declaration on the formation of the group explicitly to take account of input from national Parliaments.

We do all we can to ensure the transparent and effective scrutiny of each year’s annual budget negotiations. An explanatory memorandum is deposited as soon as possible after the publication of the draft EU budget each year. That is followed by debates in both Houses and regular ministerial updates at significant stages of the negotiation process.

We are committed to working with both scrutiny Committees to make this process as efficient and effective as possible for all parties. However, we believe that requiring the Government to write to invited officials to appear before the scrutiny Committees would add little to the scrutiny process and would be a very peculiar precedent, for all the reasons set out by my hon. Friend the Member for Stone (Sir William Cash). It would add little because the Committees can, and have, invited officials to appear before them. For example, in June 2014, Nadia Calvino, the Director-General of the European Commission budget, gave evidence to the Lords EU Economic and Financial Affairs Sub-Committee.

It really should not be the place of Government to determine who the scrutiny Committees should see. It is for the Committees of both Houses to decide for themselves who should appear before them and when. It would be a peculiar precedent for the Executive to begin to interfere with that freedom, no matter how benign the initial intention.
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Sir William Cash: Let me add one further point before I deal with the matter in substance. The European Scrutiny Committee’s most recent report, which in this respect has been accepted by the Government, recommended that each Committee, including the Treasury Committee, establish a rapporteur to consider these questions. We could effectively work with the Treasury Committee to ensure, if necessary, that there would be an even deeper examination of the Treasury aspects.

Mr Gauke: We obviously welcome scrutiny in this area. If the European Scrutiny Committee or other Committees seek the Government’s support, for example, in bringing over Commission officials to give evidence, the Government would of course gladly support them. Let me offer that hand of co-operation if I may, but I do not see a strong case for placing this within the legislation. Indeed, I would go further and say that it would be inappropriate for us to do so. That deals with new clause 3.

We do not believe that the proposal, which would require the Government to write to various European institutions to invite them to undertake a review of one or other aspect of the EU budget, would really add to the work that the Government have undertaken and continue to undertake to improve the expenditure of the EU budget.
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Sir William Cash: Earlier, the hon. Member for Worsley raised the question of how the proposals for budget reduction came about. As I am sure the Minister remembers only too well, I was one of the so-called rebels, although actually we were not really rebels at all: all that we were doing was asking the Government to listen, which is exactly what happened, because our amendments were accepted. The then Financial Secretary to the Treasury—or perhaps the Economic Secretary—paid tribute to us for having presented the proposals, and everything was hunky-dory.

Mr Gauke: I am grateful for the constructive tone that my hon. Friend brings to the debate; he has a history of so doing. He has argued for greater efficiency and transparency in the expenditure of the European Union for many years, and I am grateful to him for that.
I should also point out that we are providing technical assistance to the Commission as it considers all the options for enhancing performance on the budget.

We are sharing our expertise in areas such as value for money, spending area objectives and improving budgetary performance—for example by removing adverse incentives and improving accountability and transparency.
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Sir William Cash: I am sure that my hon. Friend appreciates the difficulties inherent in this matter. It is all very well to want to disaggregate the eurozone from the non-euro member states, but the reality is that we are all part of the same European Union. Any attempt to make a change of this kind would involve a fundamental change to our relationship with the EU and would therefore require a treaty change by any reasonable standards. Does he appreciate how serious the position would be if we neither sought nor achieved that objective?

Mr Gauke: It is important that we meet that objective.

On the subject of the report, I would make the point that we benefit from the single market and do not want to stand in the way of the eurozone resolving its difficulties, but we will not let the integration of the eurozone jeopardise the integrity of the single market or disadvantage the United Kingdom in any way. That is one the important objectives in our negotiation with the European Union, and it is exactly the point that the Chancellor of the Exchequer was making in his Mansion House speech. My hon. Friend the Member for Stone (Sir William Cash) and my right hon. Friend the Member for Wokingham (John Redwood) are right to raise the importance of this point, which we fully recognise.
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Sir William Cash: Does the hon. Lady appreciate that much of what she says in terms of generalities is understandable, and is reflected very much in European Commission documents, which I have been looking at for the last 30 years, one way and another, on the European Scrutiny Committee, but that the inherent problem is the fact that every time there is a need to argue for jobs and growth, the answer from the European Commission is to give more subsidies, more bail-outs, and more cohesion and structural funds, when actually what is needed is deregulation and to provide people with a means of increasing productivity and jobs and to deal with youth unemployment?

Barbara Keeley: I hesitate to say that I think we agree on this point, but I think we do. [Interruption.] All right, then: we enthusiastically agree on this point. It is very clear indeed that, particularly with youth unemployment, we have a serious problem. It is a problem throughout the EU. We must spend more on that and we must find a way of doing so. Although the Minister spoke at great length, he did not tell us at any point what the difference would be between the ongoing review in the EU and the existing commitments. We want to send a very strong message. Until the Bill is passed, it is our last chance for a considerable period to make these points strongly to the EU, and we believe that we should do so.
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Sir William Cash: The hon. Lady referred to the need for relentless scrutiny. I have a thought in my mind that maybe some people think that the European Scrutiny Committee, at least over the last five years, has indeed been relentless in its scrutiny, and that goes for all members of the Committee, which has produced many unanimous reports. Is she effectively prepared not to press her amendment because of the problem I gave about the constant stream of legislative requirements that might interfere with our status as a European Committee?

Barbara Keeley: Indeed, we could do that. We would definitely want to press the other new clauses, but there was no intention to upset that balance. It has been suggested that the Minister could solve these matters by giving some kind of undertaking on the matters raised in our new clauses. We do not resile from the position that we want to send out the strongest possible message from this House that we are serious about scrutiny. The European Scrutiny Committee is of course relentless in its focus on those matters, and so too must the House be relentless. Doubtless we will have many more reports and reviews. (…)

Sir William Cash: I have already said much of what I need to say on new clause 3, which is my main concern today, so I will make only a few points. Basically, new clause 3 is inappropriate. The European Scrutiny Committee does its job relentlessly, as the shadow Minister has just indicated, so there is no need for the new clause. We can invite officials to it if we wish to, and we do on occasion, but we are perpetually scrutinising the budget and recommending matters for consideration on the Floor of the House.

Imposing on the European Scrutiny Committee legislative functions that would be monitored by other Government Departments could cause enormous difficulty by interfering with its Standing Orders functions. Under the Standing Orders, the Committee has to form a judgment on what is of political and legal importance. We can invite European Commission budget representatives to see us, and indeed we can also recommend to the Treasury Committee, for example, that it might wish to do the same, so we already have various means at our disposal.

It is not necessary for me to repeat the points that I have already made in interventions. I am grateful to the shadow Minister for agreeing not to press new clause 3 and putting that on the record, so that in future nobody else is tempted to impose on the European Scrutiny Committee, or indeed on any Select Committee, legislative requirements that might in one way or another interfere with their discretionary judgments under the Standing Orders.

Barbara Keeley: I hope that the hon. Gentleman will accept my assurance that we have no intention of doing that, but I also hope that he will agree that it is important to send out the strongest possible message that we are focusing on these matters relentlessly throughout the House, and that the European Scrutiny Committee will continue its excellent work.

Sir William Cash: I am extremely grateful to the hon. Lady. I hope that she will not mind my mentioning the fact that she is sitting in glorious isolation on the Opposition Front Bench, and with nobody behind her, other than my friend the hon. Member for Luton North (Kelvin Hopkins), who is not known to be enthusiastic about all matters European. Perhaps the relentless scrutiny to which she refers could be improved by having a few more Labour Members here to support her.
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