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Protection of Critical Infrastructure

I have to tell the Minister that my one disappointment with the motion is that, at a time when there is so much to be negotiated and so much is left unanswered in our correspondence—and will remain unanswered even after today’s debate—it does not simply say that we ““take note”” of the documents and of the Government’s position. Rather, it says that this House"““supports the Government’s intention to secure adoption of these documents in Council, subject to a satisfactory resolution of outstanding concerns.””" Despite the work of my European Scrutiny Committee, which took this issue very seriously, and the Minister’s original, very detailed explanatory memorandum of 12 February, there remain many unknowns regarding what the Government will cede. They have certainly moved from their original position when we first looked at the directive, having, of course, considered the Green Paper for almost two years. In the explanatory memorandum of 19 February, they seemed to be adopting a firm position. However, a letter of 9 March to the Committee in response to our further inquiries appeared to indicate what I define as Government slide—a phenomenon that I have noticed repeatedly through my work on the Committee. That is in contrast to the original directive, which was an example of Commission creep. The Commission wants to creep into power; meanwhile, between 19 February and 9 March the Government appear to have shifted position, and to now be willing in their negotiations to slide out of power. I turn to the reasons why the Committee wanted this issue to be debated on the Floor of the House. Our main concern was that what is proposed is the adoption of a legally binding European Council directive in what we consider a sensitive field. We felt that this was legally doubtful and questionable in principle. Our second concern was the extensive role that the Commission has allocated to itself. As has been said, neither the so-called counter-terrorism co-ordinator’s name nor his position was included in the Commission’s proposal. It intends that it shall put together a committee of the Commission to oversee this process. That concerned us greatly. The third problem is that there is not just a possibility but a probability of the extension of Community competence into the field of national security. There is no doubt that if that proposal goes ahead, it will affect bilateral agreements and infrastructures; in fact, it is Commission creep into the field of national security. We felt that that proposal should not be agreed to before being debated in the House. In the February explanatory memorandum, the Minister discussed the European Programme for Critical Infrastructure Protection, which will probably be referred to for ever by Eurocrats as EPCIP; as a result, no one will know what it means. The memorandum recognised that bilateral co-operation between states was to be encouraged, but we shared the Government’s concern, which they expressed strongly, that EPCIP should not cover bilateral arrangements. In that regard, the Government referred to the channel tunnel and to cross-border co-operation between the UK and Ireland, as the hon. Member for North Southwark and Bermondsey (Simon Hughes) said. Our Committee felt that there was no reason for the Commission to be involved in these matters. However, its starting point was that bilateral agreements were not outwith EPCIP. The Government are resisting that view, but they are asking us today to approve their signing up to the document, subject to negotiations. However, the Minister has said nothing today that would satisfy my Committee that lines in the sand have been drawn that we will not allow the Commission to cross. That is very worrying, given that we have been asked not just to note that the Government are negotiating, but to support them. We have debated this issue and we have given the House its best chance to influence the Government. The Government will then be left to negotiate whatever they wish to negotiate at the final stage, in the European Council.