James McConalogue is Editor of The European Journal. He manages the European Foundation, chaired by Bill Cash MP. The Foundation proposes the renegotiation of all existing and forthcoming EU treaties. Holding to its original raison d’être – of “yes to European trade, no to European government” – the European Foundation does not advocate withdrawal from the European Union, rather its thoroughgoing reform.
It appears to be a bad day for British sovereignty when its own national parliament – after tabling Amendments, criticisms and Clauses for proposed Bills – has already decided on the submission of national sovereignty to foreign powers and proceeds with Amendments as a process of mere formality. Furthermore, that has been the disheartening predicament for parliamentary critics of EU integration within the House of Commons and Lords during the pro-European governments of the past thirty years. There has always been a healthy public opposition to further EU integration within Britain but without listening to the true Eurorealist voices today and, in my view, without empowering a Conservative Party able to confidently defend the authority of the British legislature the future of a national Parliament is bleak.
Take, for example, the concerns of deregulation and economic competitiveness in Britain. The current Labour government had hastily pushed the Legislative and Regulatory Reform Bill through Parliament since early 2006. The Bill, it was claimed, would reduce the burdens on business through deregulation of burdensome legislation originating from Westminster – and thereby, create the conditions for increased competitiveness. It did not take long for Conservative critics of the Bill to realise some fundamental flaws within the text. Yes, deregulation is necessary to increase economic competitiveness but the deregulation of what and by whom? If those concerns are not considered, then we are deregulating industry from no particular legislation for no particular reason and by the hands of those who have no idea of where the legislation stems from. In truth, it stems from Europe, not Westminster.
Thus, when Bill Cash, MP for Stone, attempted to propose a sound new Amendment and Clause – Clause 17, to be precise – providing a mechanism for not only the deregulation of domestic legislation but to enable the repeal or amendment of European legislation where attempted national renegotiation had failed, it was immediately cleared by parliamentary counsel. Furthermore, it was endorsed by the Conservative Party, whipping it in both the House of Commons and House of Lords. In short, Bill Cash and colleagues felt it significant that since deregulation should consider European legislation as much (if not more) than UK-derived legislation, there should be a clause to maintain deregulation through upholding Westminster parliamentary supremacy over the European Communities Act 1972. This would ensure that burdensome regulation stemming from the EU should be renegotiated to ensure compliance with Westminster legislation. The government majority dismissed the Clause and proceeded with Royal Assent, so that the Act now only caters for a reduction of burdens stemming mostly from national laws. It rejected the Clause on the basis that laws passed in accordance with European law are, in fact, superior to United Kingdom law. However, since at least 65% of our legislation now originates from the EU, the passing of the Bill has been a pointless task, ensuring nothing more than continued legal supremacy of Europe and further binding regulations for British business (not less!).