Euratom Membership

William Cash Excerpts

Wednesday 12th July 2017 Westminster Hall

[Sir William Cash (Stone) (Con)]

Very simply, I congratulate the hon. Member for Ynys Môn (Albert Owen) on introducing the debate, because his attitude was extremely constructive. There are a lot of issues associated with matters of this kind, and it is important for us both to be practical and to stick to the legal position. I very much agree with my right hon. Friend the Member for Clwyd West (Mr. Jones) about the legal position; in fact, it is endorsed exclusively by the European Commission. After the BEIS Committee report, which was published on 2 May, the Commission published a position paper on 22 June stating:

“On the date of withdrawal, the Treaties, including the Treaty establishing the European Atomic Energy Community…cease to apply to the United Kingdom.”

I think that is definitive; the Commission takes that view.

However, the other aspect to this is that we have to find an answer to these questions, and we have to be constructive about it at the same time. The legal position is clear, but the question is where we go from there. We are bound by international conventions to our membership of the International Atomic Energy Agency, and it is my belief that the same applies to the EU. I therefore suspect that there is common ground here, in which all the rules are effectively already converging. If that is the case, as I think it probably is, there is a basis on which we can move forwards to some form of co-operation. I very much take up the view of the hon. Member for Ynys Môn regarding a working group. That is an interesting idea, and I think it would be consistent with working towards something like associate membership.

I would like to say much more, but in a nutshell the question of jurisdiction is cropping up the whole time in respect of citizens’ rights, our trade arrangements and so on. There is a consistent pattern in how we resolve these questions as we move into negotiations. As I have said in the House several times, I believe that there is a means whereby, without prejudicing or rejecting our judicial sovereignty and Westminster sovereignty, we can take a common-sense approach, by adopting a tribunal. The tribunal could have on it, for example, a retired European Court judge, a retired Supreme Court judge and an independent judge. In other words, through such a tribunal we could try to find a constructive answer through some form of international agreement whereby we can all be satisfied, instead of shouting at one another. The law is clear, but we need to look for constructive solutions.

--- Later in debate ---

[Mr Vaizey]

My hon. Friend is absolutely correct. One Member asked earlier why we are singling out Euratom from other European institutions that we will leave as part of the process of leaving the European Union. The key point is that our membership of Euratom is under a treaty separate from our membership of the European Union.

[Sir William Cash]

I just want to reaffirm something. The Commission’s position paper, dated 27 June, is quite unequivocal about the fact that when notice is given, we cease to be members of Euratom and also the EU under article 50. That is quite clearly set out in the Commission’s position paper.

[Mr Vaizey]

We remain members of Euratom, as we remain members of the European Union. We served our intention to leave, but there is many a slip between cup and lip. I hate to mention this name in august company, in case it sets off an argument, but it was interesting to see Juncker’s chief of staff today pointing out that he has never made a comment about our membership of Euratom. In terms of his general approach to Brexit and our not having our cake and eating it, he specifically said on Twitter today that that does not include Euratom. There are huge opportunities here, and we all stand ready to help the Minister.

--- Later in debate ---

[Paul Blomfield]

The right hon. Gentleman makes a very good point. I hope the Department will respond by publishing that advice.

[Sir William Cash]

This is not just a question of legal opinion; it is actually stated in the treaty itself. Article 106a of the Euratom treaty, as amended by the Lisbon treaty, unequivocally says that article 50 of the treaty on European Union—the article that sets out the procedure for EU withdrawal—

“shall apply to this Treaty.”

It is there in black and white. It is not a matter of legal opinion—it is just there.

[Paul Blomfield]

I thank the hon. Gentleman for his intervention. On the issue of cross-party consensus, I have to say that I was interested in his earlier contribution about looking for some sort of associate membership of Euratom, which might well involve the jurisdiction of the ECJ. We are making some progress, aren’t we?

Let me come to those in the Government who have contradicted the comments by the right hon. Member for Clwyd West in February. Comments by James Chapman, the former chief of staff to the Brexit Secretary, contradict that statement, and his comments were confirmed by the former Chancellor. They suggest that the nuclear industry, jobs and cancer treatments are being put at risk by the Prime Minister’s reckless and irresponsible decision to make the future of the ECJ a red line in all matters to do with Brexit.