With permission, Mr Speaker, I want to make a statement about the outcome of the informal European Council in Lisbon.

The new agreed text of the amending treaty to update the rules for a European Union of 27 - the result of a decision on all sides of the house to support the enlargement of the EU - will be placed in the libraries of both Houses.

And alongside the treaty it was agreed that the priority for the European Union now must be the global challenges we face: employment, prosperity, competitiveness, climate change, and security.

Today the Government is publishing a consultation paper setting out how we will advance these new priorities.  

Mr Speaker, the mandate for the IGC made clear that: ‘the constitutional concept, which consisted in repealing all existing treaties and replacing them by a single text called ‘constitution’, is abandoned’.

And my intention throughout the summer and autumn of negotiations has also been to ensure that detailed safeguards for the British national interest are written into the text of the treaty.

And I invite the House to examine in detail the both the treaty and the protections that we have secured by our insistence on special treatment for the UK in a range of areas where our national interests demand.

First, I will ensure Parliament has the fullest opportunity to examine the legally binding protocol on the Charter of Rights.

The protocol which is legally binding and enshrined in the treaty itself provides an essential safeguard for the UK .

It states that: ‘the Charter does not extend the ability of the court of justice, or any court or tribunal of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that the charter reaffirms’.

Mr Speaker, it is legally binding and the protocol ensures that nothing in the Charter of Fundamental Rights challenges or undermines the rights already set out in UK law.

And the treaty also ensures that nothing in the charter extends the ability of any court - European or national - to strike down UK law.

This point is reaffirmed in the protocol and I quote: ‘in particular, and for the avoidance of doubt, nothing in the charter creates justiciable rights applicable to the United Kingdom except in so far as the United Kingdom has provided for such rights in its national law’

Secondly, we have secured in detail vital safeguards to our criminal law system and police and judicial processes.

This is also enshrined in protocols to the treaty.

This prescribes in detail our sovereign right to opt-in on individual measures, where we consider it in the British interest to do so, but also to remain outside, if that is in our interests.

In the past, for example, we have opted in on measures dealing with combating illegal immigration and exchange of information - where these measures are unquestionably in Britain’s interests.

The new treaty gives us the freedom to protect the fundamentals of our common law system if we believe it could be jeopardised, while at the same time it allows us to participate in areas where co-operation is in the national interest.

The agreement set out in the details of the text is that it will be in our exclusive power to decide on a measure by measure basis

So as we have secured a completely comprehensive, legally binding, opt in on all justice and home affairs measures which will enable the UK to choose whether or not to participate in any justice and home affairs measure in future.

As a result of our recent negotiations, the opt in now covers all types of measures:

• completely new ones 
• amendments to existing ones
• and where measures come forward under the Schengen Agreement  we also have the right to opt out.

So we can choose to participate in any and every measure.  But we cannot be forced to do so.  And if we choose not to, there is a fair, objective and robust system but no financial or other penalties.

I turn to the common foreign and security policy. I welcome the House’s scrutiny of the agreements we have secured.

For again I believe it is now absolutely clear that the basis of foreign and security policy will remain intergovernmental, a matter for governments to decide.

The intergovernmental basis is unchanged and subject to different rules and procedures distinct from the other Union policies.

The Declaration we secured expressly states that nothing in the treaty affects the existing powers of Member States to formulate and conduct their foreign policy including maintaining their own national diplomatic services, and membership of the UN security council. 

There is no sole right of initiative for the Commission, and there is no role for the European Parliament in decision taking.

Voting by unanimity is the rule for all policy decisions.

Apart from two specific and limited provisions in foreign poliy - sanctions in the EU’s name and, as has always been the case, any overlap for example with international development assistance - there is no jurisdiction for the European Court of Justice.

The declaration agreed on Friday made it clear that the EU Parliament would have no new role in the appointment to the new post of ‘High Representative’ which will be made by the European Council of Ministers.

And there will be no extension of EU powers to act in foreign policy which will continue to be governed by unanimity.

There is in addition a clear declaration that nothing in the treaty including the Office of the High Representative and the External Action Service will ‘affect in any way the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries, and participation in international organisations, including a Member State’s membership of the Security Council of the UN.’

On social security we have secured an effective veto power on any important changes.

We can insist on taking any proposal to the European Council and because it will be decided by unanimity we have a veto where we - Britain – determine that a proposal would impact on important aspects of our social security system including its scope, cost or financial structure. 

In justice and home affairs and social security, the amending treaty gives us the right either not to participate or to insist on unanimity. Many other QMV measures - for example rules for the euro or special state aids - do not apply to the UK.

The remaining areas of QMV agreed in June are decisions on emergency humanitarian aid to third countries - manifestly in the UK’s national interest - and energy market liberalisation, again in our interest.   Others are technical or procedural and simply relate to the efficient functioning of the Union – for example the internal rules for appointing the Committee of the Regions, judges and the Committee of Auditors

While there is a two-and-a-half-year presidency of the European Council, the President of the Council has no new powers and is the servant of the leaders of the national governments - strengthening the Council of national governments in relation to other EU institutions.

The new treaty also expressly provides that national security is the sole responsibility of Member States.

The declaration to the treaty makes clear - while the European Union like the UN and the IMF can sign international agreements -- this does not and cannot authorise the Union in any way to legislate or act beyond the powers conferred on it by Member States in the treaties.  And unanimity is the rule for action in this area.

The treaty explicitly provides for competence to be withdrawn from the EU and repatriated back to Member States.

As a result of our negotiation we are agreed that the new text will make clear that national parliaments have the right to but are not obliged to contribute to the work of the Union.

Under the amending treaty national parliaments have a new right to force the EU to reconsider proposals if a majority of parliaments feel that the issue is better dealt with at member state level.

And symbols of statehood that were the characteristic of the rejected constitutional treaty - European flags, anthems or European mottos - have been abandoned in the treaty. 

As I have already made clear, I will only agree the amending treaty in December if in the final text all the UK’s protections I have outlined are included in the detail we have negotiated.

Parliament will have the opportunity to debate this amending treaty in detail and decide whether to ratify it.

And the Government will recommend that there is sufficient time for debate on the floor of the House so that the bill is examined in the fullest of detail and all points of view can be heard.

In addition we propose to build in to the legislation further safeguards. 

To ensure that no government can agree without Parliament’s approval to any change in European rules that could, in any way, alter the constitutional balance of power between Britain and the Europe Union, we will make a provision in the bill that any proposal to activate the mechanisms in the treaty - which provide for further moves to QMV but which require unanimity - will have to be subject to a vote by Parliament itself before the UK will ever agree to their use.

The amending treaty will not be fully implemented until 2014.  Indeed one section does not have full effect until 2017.

And I can confirm that it is the position of the Government to oppose any further institutional change in the relationship between the EU and its Member States.

Mr Speaker, in our view there is also a growing consensus across Europe that there should be no more institutional change for many years.

The December European Council will also consider a Declaration proposed by Britain that Europe moves to a new agenda.

And that the new priorities are a focus on jobs, competitiveness, prosperity, climate change and security so that Europe can play a far stronger part in the competitive economy of the world and be a leader and success story in the new global order

So because it is right that Europe now focuses not on more institutional change but on the reforms that are needed to meet the challenges of the global era, we are publishing today our agenda for the new priorities that we as an EU must adopt: 

• First, a renewed commitment to completing the single market – moving ahead with liberalisation of the telecoms and energy sectors; implementing the recently adopted Services Directive; and delivering the EU’s targets for reducing administrative burdens.

• Second, pursuing modern social policies that combine flexibility and fairness including launching a European skills review that looks at our long term skill needs.

• Third, a commitment to free trade and openness, with the EU leading the way in ensuring a successful outcome to the world trade talks by showing as much flexibility as possible and offering to reduce subsidies and tariffs.

• Fourth, tackling climate change and energy security by putting in place the policies needed to deliver our commitment to reduce greenhouse gas emissions by 30 per cent by 2020 as part of a global agreement on climate change.

• Fifth, tackling terrorism and organised crime – including improving the exchange of information on criminal convictions and activities; implementing the EU counter terrorism strategy; and improving asset recovery procedures.

• Sixth, promoting peace and stability in neighbouring countries and beyond – in particular through maintaining the momentum behind the EU’s ongoing accession negotiations with Turkey and other countries, which are crucial for promoting reform and stability.

• Seventh, tackling global poverty and development including through delivering our commitment to raise official development assistance to 0.56 per cent of gross national income by 2010, and to the UN target of 0.7 per cent by 2015.

• Eighth, reforming the European Union budget through radical reform of the Common Agricultural Policy and a significant increase in the percentage of structural and cohesion funds spent on poorer Member States.

It is by putting in place these changes that we can create a truly outward-looking, globally focused European Union that helps deliver prosperity, opportunity and security for all.

An agenda that is good for Britain and good for Europe – that allows us to benefit from our membership of the European Union and, by working together, to have a greater influence in the world. 

So Mr Speaker, our protections including opt-ins, the protocol and our right of veto have defended the British national interest.

We are putting in place new procedures to lock in our protection of these interests.

We will oppose any further proposals for institutional change in Europe this Parliament and the next.

We will lead the debate in Europe to move to a new agenda of new priorities and new directions that focus on the economic and social needs of our citizens.
And I commend this statement to the House.

 

Please follow the link below to view the paper announced by the Prime Minister:
Global Europe Paper

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Britain and the European Union
No 10 website

Notes for Editors

 

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