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Protection of Critical Infrastructure

I do agree about that, and I want to deal next with article 308. It states:"““If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community, and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures.””" In June 2004, the Council of Ministers asked the Commission to come up with a proposal in respect of EU infrastructure. In other words, the bureaucrats did not initiate this, the politicians did. The Council of Ministers is free to say that it is not going to agree the Commission proposal, with the result that the whole thing has come round full circle and the matter is up for negotiation. The Government will ““take note”” of this debate, in the way that our procedures allow, but they also have the right under article 8 to veto the outcome. If the UK decides that the proposal should be taken no further, it can act alone to prevent that from happening. Does article 308 justify the motion before us? The House of Lords Committee that looked at this matter said that we should not get fixated by article 308 and that we should look at the substance of the motion. The advice that I have been given is that Parliament has accepted similar measures proposed under article 308, and I look forward to the forthcoming report from the European Scrutiny Committee. These are serious matters. Article 308 is the EU’s instrument to cover ““anything else extra””, and we must be careful to ensure that what it is used to introduce is justified. I am not going to argue that the proposals before us cannot work under article 308, although I notice that the European Scrutiny Committee believes that the Government have not made their case about that. I turn now to the substance of the motion. The Minister was helpful in his responses to interventions, and I want to pick up on a couple of matters that he mentioned. He made it clear that the proposal is justified only if we are talking about matters that are European, critical and to do with infrastructure. That may be a tautology, but it is true. However, I want to put it on record that I share what I believe is the common view of the House about last December’s draft directive definition of EU ““critical infrastructures””. It states:"““‘European Critical Infrastructure’ means critical infrastructures the disruption or destruction of which would significantly affect two or more Member States, or a single Member State if the critical infrastructure is located in another Member State.””" We believe that that provision is too generous, as it is not sufficient that only two member states are affected. Earlier, I gave the example of the UK and Ireland. We have a common interest in some matters, especially in respect of Northern Ireland, and other bilateral agreements cover energy, transport and so on. The hon. Member for Linlithgow and East Falkirk mentioned the much more interesting debate to be had about whether the Eurotunnel involves two member states, or more than two. I believe that disruption to the Eurotunnel would significantly affect more than two member states. For instance, the tunnel goes to Belgium as well as to France, but disruption would have onward consequences for the transport of goods throughout the EU. That would mean that more than three countries would have an interest, and that is why we need a higher threshold than just two member states. I also agree that the UK occupies a position that is entirely different from the one occupied by many other countries. For instance, the Benelux countries share many aspects of infrastructure, and a new member state such as Poland may well get some power from the Czech Republic, or vice versa. Countries that are adjacent territorially, with no water between them, are much more likely to share elements of infrastructure, transport and so on. Indeed, that is likely to be common, and the situation between the UK and Ireland, or Cyprus and Malta, is likely to be much less common. I therefore hope that Ministers will negotiate a higher threshold. The motion asks us to support"““the Government’s intention to secure adoption of these documents in Council, subject to a satisfactory resolution of outstanding concerns.””" That is rather a catch-all wording—and I am being generous to the Minister by saying so. It more or less says that the Government have made a request, the Commission has made a proposal, and this is how far we have got. The motion then asks the House to give the nod to further negotiations to secure a satisfactory outcome. To be blunt, a lot of work remains to be done, and the Minister is right to suggest that it is unlikely to be completed in June, especially as we are already in May. I want to make a couple of final points. Earlier, we had an interesting discussion about the fact that the motion deals with something theoretical, but it was clear that the House was also interested in the specifics. It is important to realise that much work has been done in some sectors, as listed in the supporting papers provided by the European Commission. For instance, work has been done in the IT sector on public electronic communications networks, and in the health sector on epidemiological surveillance and control of communicable diseases. Work has also been done in the financial sector on euro retail payment systems. Such matters can be seen as part of the infrastructure, as the sudden collapse of the ability to perform bank transactions across Europe would have implications for the financial sector, in which London has a huge interest. Work has been done in the transport sector on ship and port facility security, maritime security and civil aviation security. It is not as though nothing has been done. There are many bilateral aspects already, and clearly the Government have thought about them. The Home Office is in the lead, but the issues are cross-governmental; the critical infrastructure sectors listed in the annexe show how broad they are—energy, nuclear industry, ICT, water, food, health, financial matters, transport, chemical industry, space and research facilities. That substantive list shows that the matter is at a slightly higher macro-level than the provision of public toilets across the EU—although I realise that the Minister was joking. Like him, I have been involved in London politics for many years. We have not yet got the provision of public facilities in London sorted so we can hardly teach anybody else how to do it. There is work to be done much nearer home. The proposal is that if there were a directive it would include non-binding and binding measures. That mix is probably right if we can reach agreement about the binding measures—by definition, it would then be up to us to opt into the others rather than being committed to them. Colleagues in the Lords who have studied the proposal from their perspective as Members of the European Parliament warn us that we must not get into an over-bureaucratic system. The current proposal seems far too extensive, complex and bureaucratic. To take one example, there may be a need for participation in"““critical information protection expert groups at EU level””—" but that simply means that it would be good to have somebody from each country who knows what they are talking about and can work out what we need to do. That is sensible and civil servants should be working on that aspect. Information-sharing is good, but we must do it in the least bureaucratic and most practical way possible. I end with the conclusion we have already reached. Most of the specific proposals appear perfectly feasible through co-operation, information exchange and best practice. That seems to cover most of the needs and expectations. Subsidiarity and proportionality mean that we should not try to give the EU more functions and responsibility than it needs. We must do what we can in this country. The UK, as a group of islands, is more likely to resolve these matters nationally than on a cross-EU basis, but if there is a need for legislation—after all, a directive is EU legislation, with which we have to comply—people have to make a case for it. If the measure is on the agenda, it is because Governments have asked for it to be there because they were worried about terrorism or the risk to European energy supplies. As the Minister said in his intervention, this is not only about our people in this country; Britons are working, living and studying all over the EU, as are people from all the other EU countries. We have a collective responsibility to look after the European Union countries properly, but only inasmuch as it needs to be done on a more-than-national or more-than-bilateral level should it be a matter for the EU. I hope that Ministers will proceed accordingly and negotiate only a measure that is simple, straightforward and the minimum required to deliver the perfectly reasonable objectives that they asked the Commission to consider a few years ago.