The latest Eurosceptic move is Cameron-friendly

100 Tory MPs have today called on the PM to do something he would almost certainly do anyway. Their

More than a hundred Conservative MPs have written to the Prime Minister - via the Daily Telegraph - demanding he resist the transfer of certain justice and policing powers to Brussels. So, another rebellion brewing, indicating division in the Tory ranks and threatening to destabilise David Cameron? Er, no, actually.

This is no belligerent broadside from the intransigent europhobic ultras. The names on the list include the usual and predictable suspects. Bill Cash is on there, so are Edward Leigh and Bernard Jenkin. But there are also new MPs from the 2010 intake - Chris Skidmore, Charlotte Leslie, Priti Patel, Kwasi Kwarteng, Dominic Raab, Charlie Elphicke (those last two being, apparently, the organisers of the thing). These are thrusting, ambitious types, tipped for big things in the future. They are not the sort to casually blot their copy books with ill-judged campaigns that might embarrass their most vital potential patron in Downing Street. A key signatory is George Eustice, a former press spokesman for Cameron and, in a past political life, a candidate for Ukip. He represents the overlap between the new MPs' raw eurosceptic instincts and their preferences not to come across as troublemakers.

Many of the signatories would only have put their names to this missive with reassurance that no harm to their future careers would be done by it. Indeed, it is not so far-fetched to suppose that the Tory whips and Number 10 are supremely relaxed about this manoeuvre. Supportive, even.

Why? The move the letter urges is not as demanding as it might seem. In most respects, "repatriating" powers from Brussels would require a difficult negotiation, re-opening past treaties, building alliances with like-minded governments elsewhere in Europe and offering concessions to secure a deal. That much Cameron found to his cost when demanding special protection for the City in December (in a way that amounted to a repatriation of certain regulatory powers). The answer was an unequivocal and swift "no".

But what the Telegraph letter refers to is the exercise of an "opt out" - which just to confuse matters is really the selective exercise of an "opt in" - with regard to combined European Justice and Home Affairs (JHA) policy. This is a fast-growing body of European law to cover cooperation between different national jurisdictions on matters such as extradition, arrest warrants and, most controversially, asylum and immigration. The theory behind integrating policy in these areas is that migration issues and crime are plainly borderless enterprises, so EU policy should evolve to reflect that fact.

The idea of ceding authority over aspects of the British justice system to EU institutions is anathema to the Tories. It didn't much appeal to the last Labour government either and the UK negotiated the right to "opt in" to measures in this field on an ad hoc basis. Under the Lisbon Treaty, Britain continues to be able to pick and choose when it comes to participation in JHA measures but not forever.

After the 1 December 2014, the separate JHA "pillar" of EU policy will be merged with the bulk of EU practice and so decisions made in that area will be approved or rejected by a qualified majority vote in the European Council - the regular Brussels summits of EU leaders. In other words, from that moment onward, there would be no veto option. Six months before that happens, the UK has to decide whether it is in or out of the whole JHA integration process. No more pick 'n' mix.

So the deadline is June 2014. Now it so happens that integration in the JHA field is quite popular with the police. It has helped track down terrorists and serious organised criminals hiding out in other European countries. It has enabled the smashing of European paedophile rings. It is also popular with the Liberal Democrats. When challenged on his Europhilia in the 2010 election, Nick Clegg extolled the virtues of the European arrest warrant as an example of something practical and useful that the EU does.

But there are clearly problems too. British authorities complain about the cost and administrative hassle of dealing with mountains of extradition requests from other EU jurisdictions for petty offences - the Polish plumber who turns out to be wanted on a shoplifting charge in Krakow and has to be shipped there at UK expense. There is also understandable squeamishness about limiting British powers to intervene when citizens are hauled before other countries' courts.

Anyway, the pros and cons argument hardly matters because there is simply no way David Cameron could get away with signing up to the fully integrated JHA package even if he wanted to. It would probably require a vote in parliament and could easily and realistically be presented as a substantial cession of sovereignty, which, under the 2011 European Union Act would trigger a referendum.

Bear in mind also that the June 2014 deadline coincides with elections to the European parliament. The last time around, Ukip came second in the national vote.

What the signatories to the Telegraph are asking is that Cameron refuse to exercise his full JHA opt-in, thereby, at a stroke, "repatriating" a bunch of powers from Brussels. It is pretty hard to imagine him doing anything else. The Lib Dems won't like it, but a year before a general election it is just as hard to imagine them ramping up their anti-Tory rhetoric on the basis that they want to make it easier for British citizens to languish in Bulgarian jails as, no doubt, the eurosceptic press will depict their position.

This may come across as an arcane technical process, but it is definitely exercising strategic minds on both sides of the coalition. There is no particular reason why a bunch of Tory MPs should suddenly today decide to urge the Prime Minister to do something in 2014, which, in any case he probably means to do. Unless, of course, there is an appetite in the party for putting down markers, staking out policy territory, in case the Lib Dems start feeling a bit cocky about their influence over European policy. This is not a manoeuvre against Cameron, it is a shot across Nick Clegg's bow and I don't suppose Number 10 is unhappy about that at all.

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

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On civil liberties, David Davis has become a complete hypocrite – and I'm not sure he even knows it

The Brexit minster's stance shows a man not overly burdened with self-awareness.

In 2005, David Davis ran for the Tory leadership. He was widely assumed to be the front-runner and, as frontrunners in Tory leadership campaigns have done so enthusiastically throughout modern history, he lost.

The reason I bring up this ancient history is because it gives me an excuse to remind you of this spectacularly ill-judged photoshoot:


“And you're sure this doesn't make me look a bit sexist?”
Image: Getty

Obviously it’s distressing to learn that, as recently as October 2005, an ostensibly serious politician could have thought that drawing attention to someone else’s boobs was a viable electoral strategy. (Going, one assumes, for that all important teenage boy vote.)

But what really strikes me about that photo is quite how pleased with himself Davis looks. Not only is he not thinking to himself, “Is it possible that this whole thing was a bad idea?” You get the distinct impression that he’s never had that thought in his life.

This impression is not dispelled by the interview he gave to the Telegraph‘s Alice Thompson and Rachel Sylvester three months earlier. (Hat tip to Tom Hamilton for bringing it to my attention.) It’s an amazing piece of work – I’ve read it twice, and I’m still not sure if the interviewers are in on the joke – so worth reading in its entirety. But to give you a flavour, here are some highlights:

He has a climbing wall in his barn and an ice-axe leaning against his desk. Next to a drinks tray in his office there is a picture of him jumping out of a helicopter. Although his nose has been broken five times, he still somehow manages to look debonair. (...)

To an aide, he shouts: “Call X - he’ll be at MI5,” then tells us: “You didn’t hear that. I know lots of spooks.” (...)

At 56, he comes – as he puts it – from “an older generation”. He did not change nappies, opting instead to teach his children to ski and scuba-dive to make them brave. (...)

“I make all the important decisions about World War Three, she makes the unimportant ones about where we’re going to live.”

And my personal favourite:

When he was demoted by IDS, he hit back, saying darkly: “If you’re hunting big game, you must make sure you kill with the first shot.”

All this, I think, tells us two things. One is that David Davis is not a man who is overly burdened with self-doubt. The other is that he probably should be once in a while, because bloody hell, he looks ridiculous, and it’s clear no one around him has the heart to tell him.

Which brings us to this week’s mess. On Monday, we learned that those EU citizens who choose to remain in Britain will need to apply for a listing on a new – this is in no way creepy – “settled status” register. The proposals, as reported the Guardian, “could entail an identity card backed up by entry on a Home Office central database or register”. As Brexit secretary, David Davis is the man tasked with negotiating and delivering this exciting new list of the foreign.

This is odd, because Davis has historically been a resolute opponent of this sort of nonsense. Back in June 2008, he resigned from the Tory front bench and forced a by-election in his Haltemprice & Howden constituency, in protest against the Labour government’s creeping authoritarianism.

Three months later, when Labour was pushing ID cards of its own, he warned that the party was creating a database state. Here’s the killer quote:

“It is typical of this government to kickstart their misguided and intrusive ID scheme with students and foreigners – those who have no choice but to accept the cards – and it marks the start of the introduction of compulsory ID cards for all by stealth.”

The David Davis of 2017 better hope that the David Davis of 2008 doesn’t find out what he’s up to, otherwise he’s really for it.

The Brexit secretary has denied, of course, that the government’s plan this week has anything in common with the Labour version he so despised. “It’s not an ID card,” he told the Commons. “What we are talking about here is documentation to prove you have got a right to a job, a right to residence, the rest of it.” To put it another way, this new scheme involves neither an ID card nor the rise of a database state. It’s simply a card, which proves your identity, as registered on a database. Maintained by the state.

Does he realise what he’s doing? Does the man who once quit the front bench to defend the principle of civil liberties not see that he’s now become what he hates the most? That if he continues with this policy – a seemingly inevitable result of the Brexit for which he so enthusiastically campaigned – then he’ll go down in history not as a campaigner for civil liberties, but as a bloody hypocrite?

I doubt he does, somehow. Remember that photoshoot; remember the interview. With any other politician, I’d assume a certain degree of inner turmoil must be underway. But Davis does not strike me as one who is overly prone to that, either.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Daniel Hannan. You can find him on Twitter or Facebook.

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