HC Deb 10 July 1996 vol 281 cc391-2
10. Mr. Bernard Jenkin

To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions he has had with his EC counterparts concerning the legal integration of the Community member states. [35170]

Mr. David Davis

A number of legal issues are under discussion in the intergovernmental conference.

Mr. Jenkin

Does my hon. Friend acknowledge that the institutions believe that it is their duty to pursue legal integration of the member states at the expense of the member states' discretion in important policy areas? May I congratulate him and the Government on the pan of the White Paper "A Partnership of Nations" that refers to the excessive interpretation of articles of the European treaties? Is it not our duty as a Government, just as we have rolled back the frontiers of the state at home, to start to roll back the frontiers of the state in Europe?

Mr. Davis

My hon. Friend has explained what is known as the federalist ratchet and the Government are committed to stopping that ratchet. He referred to the White Paper in which we announced that we will shortly publish a memorandum on the European Court of Justice that will include proposals, for example, to allow rapid amendment of EU legislation when the court has extended the interpretation beyond what was intended and for an ECJ appeals procedure.

My hon. Friend's second point is most powerful and we will seek changes to those articles of the treaty that have been stretched historically, including 118a, 100a and 130s.

Mr. Sheerman

Will the Minister stop using the intemperate language that he uses to keep his right-wing Back Benchers happy? Does he not realise that the Confederation of British Industry and many leading companies in this country are increasingly concerned about the negative attitude to Europe that comes from the Minister and his colleagues?

Mr. Davis

I can think of nothing that was intemperate in my language in my previous reply. Some of our measures—for example, resistance to the European Court becoming the supreme court—have been addressed publicly by Alain Juppe, the Prime Minister of France.

The hon. Gentleman mentioned the CBI; perhaps he should read the speech by Adair Turner shortly after the leader of the Labour party tried to opt for a pick-and-choose social chapter. Mr. Turner pointed out to the leader of the Labour party that he could not have that: he could take an opt-out, as we have, or go all the way, as the Labour party intends.

Mr. Devlin

Why is it so rare for the Government to point out to the public that the European Court of Justice works substantially in the British national interest, because it enforces single market decisions against other countries, or that the British Government have won far more cases in the European Court than they have lost?

Mr. Davis

My hon. Friend is right in one respect, but wrong in another. Clearly, he has not looked recently at the White Paper, which points out that very fact. I mentioned the federalist ratchet earlier. We have supported a case at the court about an attempt by the Commission to extend the competence of the Community to accede to the European convention on human rights. The European Court judged that it could not do so.