European Community Documents (Hansard, 3 June 1991)

§ Mr. Tony Marlow (Northampton, North)
On a point of order, Mr. Deputy Speaker. Before deciding on the European Community document on tobacco products, I seek your advice.
One of the great constitutional problems with which we are faced is the acquisition of powers by stealth by European Community institutions. The House, in agreeing to the Single European Act 1985, agreed on the establishment and functioning of the internal market of the European Community. Powers were given to the European Community to decide various issues by a qualified majority. The document that we are about to decide deals with the internal market with reference to the labelling of tobacco products. It is sensible to argue that, if a tobacco product can move from one part of the internal market to another, the labelling should be the same throughout. We have given such powers to the European Community by a qualified majority vote.

§ Mr. Deputy Speaker (Sir Paul Dean)
Order. I am sorry to interrupt the hon. Gentleman, but we cannot debate the matter now. I am not clear what point of order there is for the Chair.

§ Mr. Marlow
I have no desire or intention to debate the issue now. I am saying that certain powers have been given with regard to the labelling of tobacco products. The document also contains a power to ban a certain product—oral snuff. Another document, by a qualified majority vote, could ban the sale of alcohol. This is nothing to do with trade between countries in the Community or with the internal market; it is to do with stopping the people of this country doing something in this country. The House has not given such powers to the European Community.
The Government's view is that, if the matter were taken to the European Court, the issue might be defeated. We know that the European Court is a political court. The Government have decided not to pursue the issue, but the 128 powers of the House are being removed from the House. It is no good voting against a take-note motion. I ask for your advice, Mr. Deputy Speaker, about what the House can do to retrieve its original powers which it never intended to give to the European Community institutions but which are now daily being acquired by stealth.

§ Mr. Deputy Speaker
It is not possible to pursue the matter now. As I am sure that the hon. Gentleman realises, I am bound by Standing Order No. 102(9) to put the Question forthwith.