HL Deb 29 June 1992 vol 538 cc587-8

2.45 p.m.

Lord Bruce of Donington asked Her Majesty's Government:

Whether, as a Member of the EC Council of Ministers, they will withhold approval of the European Commission's proposal for a Council regulation on security measures applicable to classified information (COM(92) 56 final of 29th February 1992) until and unless the proposal, with any amendments, receives the approval of the United Kingdom Parliament.

The Minister of State, Foreign and Commonwealth Office (Baroness Chalker of Wallasey)

My Lords, the normal procedures for parliamentary scrutiny of proposals for European Community legislation will apply. In its present form, the regulation is neither well targeted nor workable. An early decision on the proposal is not in any case expected.

Lord Bruce of Donington

My Lords, I thank the Minister for that partially satisfactory reply. Can she say whether the Government are aware that, if the proposal were adopted, it would enable the Commission, and indeed other institutions, to cloak in secrecy any items of correspondence or memorandum that they find inconvenient to publish, as indeed is outlined in Article 3 of the proposal? Further can the Minister give the House a completely unequivocal statement or assurance that the Government will in fact completely oppose the whole question of giving the Commission some protected status in regard to its documents and correspondence?

Baroness Chalker of Wallasey

My Lords, the House already knows that I am not in favour of giving the Commission any protected status. It is not a rare animal; it has to be a working body. I believe that this particular regulation (which has actually been around now for about four years) will not make progress either in its present form or indeed in any form which would lead to more secrecy. We want greater openness in government, not only at Westminster but also in the European Community in so far as its moves affect government of this country. There are grave shortcomings in the regulation. We are pointing them out to fellow member states. The proposal is only being discussed informally. I do not see it making any progress whatever.

Lord Stoddart of Swindon

My Lords, does not the very fact that such a proposal has been put forward show that within the Commission there are people who are bent upon forming in Europe, and setting up in Western Europe, a super-state, complete with all the trappings of such a state including a law of secrecy?

Baroness Chalker of Wallasey

My Lords, it may occur to the noble Lord, Lord Stoddart of Swindon, as such. The answer is that many matters are discussed in the European Community which stem from a genuine need to have sensible rules covering, say, Community institutions. I see no reason why this particular draft should make progress. It certainly should not cover our interests. We would welcome proper arrangements for handling EC classified documents. However, I really question any need for a regulation which is not in our interests. Therefore, I have made it quite clear that it is not our intention that the draft regulation should proceed.

Lord Bruce of Donington

My Lords, in order to button up the whole matter, will the Minister give the House an assurance that Her Majesty's Government will ensure that instructions are sent to Sir John Kerr (the Government's representative on COREPER) that on no account should COREPER permit this item to be sent to the Council in List A, which means that it can be passed through on the nod?

Baroness Chalker of Wallasey

My Lords, I can assure the House that there is no way in which the draft regulation will be put forward as an A point. It is quite clear that our priorities are to ensure that any new procedures apply only to information that genuinely warrants specific protection and that they are workable in practice and do not impose an excessive administrative burden on member states and institutions. Sir John Kerr is aware of that fact. The draft regulation in its present form will not be introduced as an A point.