The outcome of the Brussels summit on December 8th and 9th is a disaster for the UK and also threatens the integrity of the single market. For more than 50 years, a fundamental principle of Britain’s foreign policy has been to be present when EU bodies take decisions, so that it can influence the outcome. David Cameron, the prime minister, has abandoned that policy. Britain will not take part in a new fiscal compact that most other EU countries will join.
France and Germany have persuaded the other eurozone countries that treaty changes are needed to enshrine stricter budget policies and closer economic policy co-ordination. The new procedures would apply only to countries in the euro. Most member-states wanted to enact those reforms through amending the existing EU treaties. That would ensure that countries in the euro, and those outside, would be subject to a single set of rules and institutions.
But Britain blocked that deal, pushing France, Germany and most other member-states to proceed with a new treaty, to sit alongside the EU treaties. The new treaty may face difficulties: the Irish may hold a referendum on it and could easily vote no. But Paris and Berlin are determined to press ahead with the fiscal compact and if the Irish vote against it they are likely to find themselves excluded.
Cameron blocked a treaty for all 27 because he could not obtain
agreement on a protocol to protect the City of London. This protocol
demanded a switch from majority voting to unanimous decision-making on a
number of issues that matter for the City, including the extension of
the powers of EU regulatory authorities, and rules that prevent national
governments from imposing stricter requirements on bank capital.
Cameron was right to seek to protect the interests of Britain’s hugely
important financial services industry. Most financial regulations are
decided by qualified majority vote, and there is a risk that new EU
rules could damage this vital national interest. However, Britain has
never yet been outvoted on a significant piece of EU financial
regulation. If Cameron had been prepared to compromise on his demands,
he might have been able to secure a deal.
But France’s president, Nicolas Sarkozy, was annoyed by Britain’s demand
for special treatment, and had no desire to do the City favours;
indeed, after the summit he said that a lack of regulation of financial
markets was responsible for many of the current problems. Other heads of
government found Britain’s demands and the way it presented them
unreasonable. They also complained about the lack of British diplomacy:
the British Treasury took its time to draft the protocol and did not
present it to the Council of Ministers legal service until the day
before the summit. The British made no effort to sell the protocol to
most of the member-states. In short, there was little goodwill towards
Cameron.
As far as I can gather, the UK government’s position stiffened between
the morning of December 7th and the evening of December 8th. At the
start of that period, Cameron seemed to want a deal, as his article in
The Times indicated. But then loud rumblings from Conservative
eurosceptic backbenchers – and calls for a referendum from two cabinet
ministers and London Mayor Boris Johnson – made the Conservative
leadership reluctant to show flexibility. Some senior Conservatives
worried that if the government accepted a new EU treaty it would
struggle to push it through Parliament. Many Tories would have rebelled
and it probably would have passed – if at all – only with Labour’s
support, thereby humiliating Cameron. That is why some senior figures in
the government did not want a deal in Brussels.
But Britain’s so-called veto – which has not stopped anything from
happening – seems likely to damage its interests. For a start, the
government failed to achieve any sort of protection for the City. The
countries taking part in the new arrangements (between 23 and 26
member-states are likely to adopt them) will meet regularly and discuss
economic policy. They are also bound to talk about single market issues
such as financial regulation. In theory, single market matters will
still be settled by all 27. In practice, the countries in the new club
are likely to caucus and pre-determine the results of EU votes on single
market rules – whether they concern the City or other matters.
In the new arrangements, the Commission and the European Court of
Justice will almost certainly play a diminished role. That is because
France and Germany, the dominant countries in the fiscal compact, are
hostile to the Commission and favour a more ‘inter-governmental’ Europe.
To the extent that these institutions are weaker, they will be less
able to do their job of defending the single market and ensuring that
all member-states are treated fairly.
Some British eurosceptics seem to imagine that the new club will not be
allowed to use EU institutions without Britain’s permission. There are
likely to be complicated law-suits, but if most member-states want the
Commission and the Court to play a role in the fiscal compact, these
institutions will play a role. The institutions will have to try and
reconcile two sets of rules and procedures, which will make it harder
for them to do their job of policing the market.
What if the eurozone countries want to harmonise banking regulations,
which they may need to do in order to ensure the success of the euro?
Britain would not support a centralised system of banking regulation,
but could easily be outvoted. Rules on banking regulation, like other
single market issues, will remain subject to qualified majority voting
among the 27. But if Britain wants to win votes, it will need allies.
I can never recall Britain being so friendless in the EU. Countries that
might be sympathetic to the UK, such as Denmark, the Netherlands,
Poland and Sweden, have grown impatient with the Cameron government.
They have always wanted Britain to be influential in Europe, to balance
the power of France and Germany. They would have much preferred all 27
countries to stay together. Britain’s self-exclusion has left them
disappointed. Many of the smaller member-states are unhappy: when EU
institutions weaken, they are more likely to be pushed around by France
and Germany.
Since it joined the EU in 1973, Britain’s impact on the EU has been
positive in many ways. It has pushed for legislation to bring about the
single market. Together with France, it invented EU defence policy and
it has contributed a lot to EU external policies, in areas such as the
Balkans, Iran and climate diplomacy. It has helped to maintain the EU’s
Atlanticist orientation. It has encouraged the EU to look outwards and
see globalisation more as an opportunity than as a threat. With
Britain’s voice diminished, the EU is less likely to deepen the single
market and more likely to be inward-looking.
It is conceivable that a different British government could seek to
reverse this disastrous opt-out. More likely, Britain will continue on a
path towards isolation, perhaps even leaving the EU itself.
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