Treaty on Stability, Co-ordination and Governance

Christopher Chope Excerpts

Wednesday 29th February 2012 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

It is a pleasure to be able to participate briefly in this very important debate and to follow my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips). I congratulate and thank him, the Chairman of the European Scrutiny Committee and all its other members for putting the spotlight on this important issue.

My hon. and learned Friend said that the UK Government must make it clear that they will not countenance anything unlawful. The question is whether anything in the treaty is unlawful, and that is where the rule of law comes in. My understanding is that one of the most important elements of the rule of law is that the law should be clear and easily understood; otherwise, it is very difficult for people to know whether they are complying with it. Over the years, ambiguity has been the hallmark of the laws that the EU and the European Court of Justice have gradually developed, which have been against this country’s best interests.

What is in the treaty is very unclear, as my noble Friend Lord Howell, the Foreign Office Minister, made apparent when he said in the other place:

“There has been much comment about the use of the European Union institutions, and I want to come to that. The new agreement sets out limited roles…The legal implications are complicated and hinge upon how the agreement is implemented. It is for this reason that we have reserved our position.”—[Official Report, House of Lords, 16 February 2012; Vol. 735, c. 936.]

As my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) asked, what is the point in reserving our position? If we remain silent, it could be interpreted as an estoppel or a consent to what is going on.

Why are not the Government asking the European Court of Justice to interpret the treaty now? The ECJ will have a role in interpreting the arrangements for the European Union’s accession to the European convention on human rights. If it can do that, why cannot it examine the treaty? We would then know exactly what it thought about the legality or otherwise of the treaty. If we wait for it to interpret the treaty, we will find that it does so in a purposive manner, in accordance with the principle that it is right and proper for the EU to have more and more power. Why do we not get a proper and authoritative interpretation of the treaty now, before we proceed?

If one needed any ammunition to support the principle that the treaty is ambiguous, one would need look no further than the opinion of the Council of Ministers. Four questions are asked in it and the answers are set out, and they confirm that it is incredibly ambiguous.