It is a sad reflection on the state of debate in Britain on European affairs when the chair of the House of Commons EU Committee starts to compare negotiations on the details of the EU Reform Treaty with Neville Chamberlain caving in to Hitler at Munich in 1938. Munich was about appeasing a totalitarian dictatorship. The Reform Treaty is about us agreeing with 26 other democratic states in Europe on how we make adjustments to the voluntary co-operation we have established with each other over the past half century. To compare the two is insulting to the intelligence of any objective observer.
Of course, backbenchers in the House of Commons rarely get an opportunity to be in the limelight. They are tempted to gain their 15 minutes of fame by saying outrageous things or by becoming a temporary thorn in the side of the Government. This case seems to be no exception. Having scoured the draft of the new treaty for something to object to, he first made a song and dance about a new provision strengthening the role of national parliaments in the European Union (something Britain had wanted) by claiming that this imposed a legal obligation on the national parliaments to be constructive. Now, he is focusing on one of the most complex parts of the treaty to stir up unwarranted fears, knowing that the very complexity will be a barrier for most journalists and many of his colleagues to actually get to grips with the detail and contradict him.
The matter concerns Britain's opt in/out arrangement for the Justice and Home Affairs responsibilities of the European Union. To maximise Britain's right to choose not to opt in to legislation in this field, the Government had secured the right to re-consider its position should legislation that Britain has already opted in to, be amended in the future. This logically implies that Britain may, if it goes down that route, be excluded from legislation that it currently opts in to. For eurosceptics to now fret about Britain being excluded from European legislation, when they normally oppose its very existence, is of course new - but then they have never much worried about having logic on their side!
Similarly, the treaty contains a provision to cover the case of Britain having to cover the costs of opting out in certain situations. For instance, if Britain were to opt out of the Eurojust agency (for cooperation amongst prosecuting authorities in cases of trans-frontier crime and international investigations, such as on child abductions), then British officials in Eurojust would obviously lose their jobs. Not unreasonably, the other Member States say that, in such circumstances, Britain should pay the cost of their redeployment or redundancy. These will not be big amounts in the grand scheme of things, yet it is now being hyped up that Britain will have to pay a fortune to pay for its opt-outs.
Finally, Mr Connarty seems to object to the Court of Justice being given jurisdiction to settle disputes over the interpretation of texts that Member States have agreed to. This can only happen, of course, when the text in question is something that Britain has chosen not to opt out of. Just as in every area of EU law, such disputes are settled by the Court. This is in our interest, lest other countries simply ignore their obligations (in a different field, remember how we were able to bring France to book for continuing to ban British beef after it was safe, thanks to taking them to the Court). The Court cannot, of course, create law - it can only rule on disputes that are referred to it. Its members are appointed by the Member States, not by the Commission or the European Parliament, so it is unlikely to show bias in favour of the EU institutions as opposed to Member States. Yet, for some reason, British Eurosceptics have placed the Court in their sights, not because they are confident that all other Member States will always respect the agreements they reach with us, but because they know that eliminating a means of arbitration is likely to increase unresolved disputes within the European Union - a prospect they relish.
Labels: EU scrutiny committee, eurosceptics, reform treaty