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7th October, 2017

Heath's EEC Deception - Page 6

Continued

                                                                        ANNEX


AREAS OF POLICY IN WHICH PARLIAMENTARY FREEDOM TO LEGISLATE WILL BE AFFECTED BY ENTRY INTO THE EUROPEAN COMMUNITIES.
1. In general it should he noted that there are very few if any areas in which Parliament will be wholly incapable of action or in which Parliament will be wholly free from restraint. It should also be noted that the boundaries which distinguish these areas are changing all the time, as Community policies develop.

2. Much depends upon the way in which the Community has taken action in any particular area. In the case of action by way of Regulation there is, once the Regulation has been made, no room for Parliamentary action (other than, possibly, to supplement the Regulation or mere debate). Generally speaking Parliament must take the Regulation as it stands, and while with Regulations made by the Council, a United Kingdom Minister (whois subject of course to Parliamentary pressure) will take part in the proceedings leading up to adoption of this Regulation, this is not the case with Regulations made by the Commission. Regulations made by the Commission are however essentially of an implementing rather than policy-making nature. Community action by way of a Directive leaves Parliament freedom of choice as to means but no freedom as to the result to be achieved. A Recommendation leaves Parliament free to decide not only on the means, but also upon whether to comply with the Recommendation at all. 

3. Given these major qualifications the lists below, which are by no means exhaustive, identify the areas of legislative action which will be principally affected and those which will not.

Customs duties and all other matters incidental to the formation of a customs union;

Agriculture;
Free movement of labour, services and capital;
Transport;
Monopolies and restrictive practices;
State aid for Industry;
Coal and Steel;
Nuclear energy industry;
Company Law;
Insurance Law;
Value added tax;
Social Security for migrant workers.


AREAS IN WHICH PARLIAMENT’S FREEDOM OF LEGISLATIVE ACTION WILL NOT BE SIGNIFICANTLY RESTRAINED


The general principles of criminal law;
The general principles of’ the law of the contract;
The general principles of the law of civil wrongs (tort);
Land Law;
Relations of landlord and tenant;
Housing and town and country planning law;
Matrimonial and family law;
The law of inheritance;
Nationality Law; 
Trusts;
Social services (other than for migrant workers);
Education;
Health;
Local government;
Rates of Direct Taxation


FURTHER IMPORTANT AREAS IN WHICH MEMBERSHIP OF THE COMMUNITY MIGHT AFFECT HER MAJESTY’ S GOVERNMENT’S FREEDOM OF ACTION

In addition to the areas listed above, there are a number of important areas in which membership of the Community would impose obligations vis-a-vis the Commission or other Member States. These obligations which will restrain our freedom of action in areas hitherto within the discretion of the Executive may be divided into two classes: (a) present obligations to consult; (b) future obligations to consult, or to coordinate policies.

2. Present obligations to consult include: 

(i) Economic Policy: Articles 103-9 of the Treaty of Rome enjoin a wide measure of consultation and coordination on policy on current trends on balance of payments problems.

On exchange rates each member State is required under the Treaty “to treat its policy… as a matter of common interest”. In practice the main common interest has been the need to allow the CAP to work smoothly; but this has not prevented member states changing parity sometimes with, sometimes without, much consultation.

On balance of payments difficulties member states are allowed (under the Treaty) to pursue policies necessary to preserve or restore equilibrium, preferably with consultation beforehand. The Commission is empowered to investigate and to make recommendations but national freedom is not significantly restrained at this stage.

(ii) Foreign Policy. The Davignon report (1970) provided for six-monthly meetings of Foreign Ministers and quarterly meetings of Political Directors to coordinate foreign policies and Governments should consult on all important questions. Two such meetings of Foreign Ministers have so far occurred. But no effective restraint exists upon national responsibility for foreign policy as such, and the obligations go no further than those we already have under WEU.

3. Future obligations, where we as members would of course have a full and equal voice in the creation of the detailed policy, include

(a) Economic and Monetary Union
The Council of Ministers adopted a programme of action on 9 February 1971 aimed at establishing economic and monetary union of the Six (and by implication of an enlarged Community of Ten) in ten years. Only the first stage is agreed: Central Banks are to coordinate their monetary policies; the Commission and member governments are to consult three times a year with a view to coordinating their economic policies and are to produce a joint annual report on short-term economic policy; arrangements were to be instituted for a first step in narrowing the margins of fluctuation of members’ currencies against each other. These measures are to remain in force for five years and then lapse if agreement has not then been reached on the second stage, which ought to begin on 1 January 1974. Although the arrangements for narrowing the exchange margins have been postponed by the May currency crisis and the German Government’s decision to float the D-mark, it is likely that on entry the UK will have to adhere to the agreement summarised above, assuming that current difficulties in implementing these agreements have been overcome by the time we join. We shall of course take part as full members in the discussions which must precede any move to the second stage.

(b) General provisions for harmonisation of legal practices 

There are two relevant general provisions.Article 100 of the Rome Treaty, on the Approximation of Laws and article 220 on the negotiation of mutually beneficial agreements which could in theory both lead to encroachment in the future on areas where our freedom to decide on policy is not now significantly restrained. A large number of miscellaneous regulations of little political significance have already been made under Article 100. They are designed to facilitate intra-Community trade by the establishment of uniform standards and practices. After entry we should of course have a full say in the scope and application of future work in this field.

EDWARD HEATH – THE TREATY OF ROME – BRITAIN’S ENTRY INTO THE COMMON MARKET

During the late 1960’s and early 1970’s Conservative Prime Ministers Harold Macmillan and Edward Heath attempted to negotiate Britain’s entry into an agreement with a number of Continental countries, each of which had signed the Treaty of Rome and formed themselves into a European Community. Eventually in 1972 Edward Heath negotiated Britain’s entry. The British people and Parliament were told that Britain was joining a Common Market, a ‘trading agreement’ with its Continental partners. Much of that which was laid before the people was misleading or untrue. Even more was hidden.

In 1971, for example, Pierre Werner, Prime Minister of Luxembourg, produced a report on the European Community (suppressed until 2001) stating ‘…the long term objectives of EMU (Economic and Monetary Union) are very far reaching indeed….and the degree of freedom vested in national governments might be less than the autonomy enjoyed by the states of the USA…’

(Daily Telegraph 7.1.2001).

A 1971 Foreign Office memo warned’….the Community is a process of fundamental political importance implying progressive development towards a political union.’ This document was suppressed for thirty years.


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