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Telegraph | News |
Britain 'turns blind eye to faulty EU laws in return for favours'
By George Jones, Political Editor
Last Updated: 12:36am GMT 22/01/2007

The Government has admitted signing up to new EU laws even though they may be
illegal under European treaties, according to papers made public last night.

A leaked letter from Geoff Hoon, the Europe Minister, shows that the Government
turns a blind eye in Brussels to possible illegality because it can be used as a
trade-off in EU negotiations.

Mr Hoon, a supporter of closer European integration, argued that if EC
legislation were in the public interest and it was in Britain's longer term
interests to vote in favour "the Government will support the measure even where
it had doubts about the legal base".

His admission came in a letter sent on Nov 9 to a Commons watchdog on EU
legislation, the cross-party European Scrutiny Committee.

The group had questioned the legal base for a draft regulation about a European
monitoring centre for drugs and drug addiction.

When the committee raised its concerns with Caroline Flint, the Health Minister,
she said the Government had not opposed the regulation because of the
desirability of getting European business done expeditiously and to demonstrate
a willingness to be flexible on one proposal so as to support the Government's
negotiation position on others.

The committee asked Mr Hoon whether it was proper for the Government to support
a measure, despite reservations about its lawfulness.

In what the committee's top adviser, Sir Edward Osmotherly, described as a
"surprisingly frank" letter, Mr Hoon revealed that the Government did not let
doubts about a legal basis stand in the way of a proposal if it was expedient on
other grounds to back the measure.

However, Mr Hoon was silent about whether there was any hard evidence that
trade-offs were effective.

In a second letter dated Jan 9 this year, Mr Hoon said that where the Government
had reservations about the choice of treaty on which an EU regulation is based,
it took a realistic view of where Britain's interest lay.

"One of the factors to be considered would be the benefit (or not) of utilising
our negotiating capital in Brussels on this issue, and the impact on relations
with EU partners." British readiness to be "flexible" strengthened its
negotiating position on other dossiers. "Perhaps the next illustration of the
value of appreciating the concerns of our partners is to consider our own view
of other Member States' actions in negotiations, " Mr Hoon said.

"We might feel less inclined to assist another Member State in relation to its
own particular policy concerns if it had not shown us a similar level of
cooperation. "

His admission infuriated Eurosceptic Conservative MPs, who said such "dubious
backroom dealing" had become the hallmark of Tony Blair's approach to the EU.

Every month, ministers such as Mr Hoon were "cosying up" to the integrationists
in Brussels and waving through new EU regulations, even though they knew some of
them might be illegal.

John Redwood, a leading Eurosceptic, said the Government was "carelessly giving
away" Britain's right of self-government over many areas without proper debate
or explanation to Parliament or the people.

Graham Brady, Conservative spokesman on Europe, said it showed an "arrogant
disregard for democracy and the rule of law".