Will Cameron's deal with Merkel placate his party's sceptics?

German agreement to relax the working time directive is a real concession but maybe Tory backbencher

An outline is emerging of a deal between David Cameron and Angela Merkel over plans to revise the treaties that underpin the European Union.

It appears that over lunch at the end of last week, two leaders discussed the possibility of Britain refraining from serious obstruction to German plans for new rules governing how euro member countries manage their budgets. In exchange, Germany would not object to Britain seeking relaxation of the working time directive - the EU-wide regulations designed to limit the number of hours per week employees work and protect entitlements such as paid leave.

Leaving aside the question of whether Britain would really be better off or happier with a more dilute version of the directive (the UK already has the right to opt out of aspects of it) and looking purely in terms of what is diplomatically feasible for the UK, this seems like a decent compromise. Britain is not a euro member country and already has a reputation for surly reluctance when it comes to the "European project". The way the European debate has unfolded in Westminster in recent weeks has left our continental partners in no doubt that we do not see ourselves as integral players in the EU game. We want concessions on "repatriation of power" - largely so that the prime minister can show symbolic trophies to an implacably euro-phobic wing of his party - and must threaten to be obstructive in order to get them.

For countries that are in the euro and for whom the debate about fiscal integration and more rigorous rules of enforcement is existential, Britain's implicit threat to hold the process hostage must be classified somewhere on a spectrum between absurd and vindictive. David Cameron surely understands this (no doubt Merkel made it clear). He cannot veto a new EU treaty incorporating new eurozone rules without very seriously damaging Britain's diplomatic relations on the continent. What he needs is some kind of concession that is big enough to look like a loosening of ties with Brussels so that, when a revised treaty is agreed by the European Council, Tory backbenchers don't go berserk and demand a referendum on it.

The Working Time Directive is a good candidate. The Tories have always hated European influence on labour protection. Conveniently, the Lib Dems are also hostile to this particular bit of European regulation, so there is no risk of coalition tension. Merkel can be relaxed about it since it is marginal to her concerns and has no immediate bearing on budget discipline in the euro zone.

So the big question is whether it would be enough to persuade Tory backbenchers that Cameron is honouring his pledge to use treaty negotiations as the vehicle for repatriation of powers. If they sneer at this deal and insist that the Prime Minister go back for more, it would suggest that compromise is not really on their agenda at all and what they are really after is a kind of show-down that would make Britain's participation in EU structures as currently configured impossible.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

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How Theresa May laid a trap for herself on the immigration target

When Home Secretary, she insisted on keeping foreign students in the figures – causing a headache for herself today.

When Home Secretary, Theresa May insisted that foreign students should continue to be counted in the overall immigration figures. Some cabinet colleagues, including then Business Secretary Vince Cable and Chancellor George Osborne wanted to reverse this. It was economically illiterate. Current ministers, like the Foreign Secretary Boris Johnson, Chancellor Philip Hammond and Home Secretary Amber Rudd, also want foreign students exempted from the total.

David Cameron’s government aimed to cut immigration figures – including overseas students in that aim meant trying to limit one of the UK’s crucial financial resources. They are worth £25bn to the UK economy, and their fees make up 14 per cent of total university income. And the impact is not just financial – welcoming foreign students is diplomatically and culturally key to Britain’s reputation and its relationship with the rest of the world too. Even more important now Brexit is on its way.

But they stayed in the figures – a situation that, along with counterproductive visa restrictions also introduced by May’s old department, put a lot of foreign students off studying here. For example, there has been a 44 per cent decrease in the number of Indian students coming to Britain to study in the last five years.

Now May’s stubbornness on the migration figures appears to have caught up with her. The Times has revealed that the Prime Minister is ready to “soften her longstanding opposition to taking foreign students out of immigration totals”. It reports that she will offer to change the way the numbers are calculated.

Why the u-turn? No 10 says the concession is to ensure the Higher and Research Bill, key university legislation, can pass due to a Lords amendment urging the government not to count students as “long-term migrants” for “public policy purposes”.

But it will also be a factor in May’s manifesto pledge (and continuation of Cameron’s promise) to cut immigration to the “tens of thousands”. Until today, ministers had been unclear about whether this would be in the manifesto.

Now her u-turn on student figures is being seized upon by opposition parties as “massaging” the migration figures to meet her target. An accusation for which May only has herself, and her steadfast politicising of immigration, to blame.

Anoosh Chakelian is senior writer at the New Statesman.

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