There is devilish detail in the new euro pact

Forget use of EU buildings, the threat is members of the new fiscal union cooking up deals that affe

The issue of David Cameron's "phantom" European veto has fallen out of the headlines pretty quickly, ousted from the agenda by the news of Fred Goodwin losing his Knighthood. (The announcement landed yesterday, by remarkable coincidence, within moments of the Prime Minister getting a bit duffed up in a Commons statement on Monday's European summit and after a weekend of bad headlines around banker bonuses.)

Conservative Eurosceptics, however, will not forget how the gesture of anti-Brussels defiance they so celebrated in December has turned, as they see it, into a supplicant bow to the forces of continental integration. It doesn't help that the Lib Dems are conspicuously pleased by Cameron's restoration of normal diplomatic service with regard to the EU.

As I wrote last week, upholding the spirit of the "veto" to the satisfaction of Tory back benchers and doing what it takes to secure British influence in European Union diplomacy were mutually exclusive demands. In fact, it seems, Cameron has done neither.

The sceptics have concentrated on the Prime Minister's failure to prevent signatories to the new Fiscal Union (FU) treaty using EU institutions to enforce their agreement. That was always a bizarre and unrealistic fixation. If Britain's position is to support other countries pursuing their plan, why would we sabotage the obvious mechanism for making it work. (There is an argument that says Britain should be opposing FU on the principle that any countries surrendering control of their budgets to a central European authority and insisting on choreographed austerity in the middle of a downturn is bonkers - but that is a different matter and definitely not government policy.)

The real issue for concern, as far as British influence is concerned, is not the use of institutions by the FU members, but the prospect that they will crowd the UK out in discussions of the single market. This is the problem that euro-wonks refer to as "caucusing" - the danger that plans will be hatched, positions agree, alliances cemented within the FU members that can then be presented at European Council meetings as faits accomplis.

This is not a threat for today or even tomorrow, but it is clearly a problem and potentially a very big one. If Britain struggles to build alliances in the Council it can get outvoted on things that matter deeply to our economy - on tax and regulation policy, for example. In the past, this hasn't happened too often, but the new FU structures, including regular summits (combined with some ill will generated by the whole "veto" episode) make caucusing much more likely.

Thus, as I have written before, the eurosceptic prophecy is self-fulfilling. Marginalisation diminishes influence leading to bad deals, suspicion of a conspiracy and more marginalisation. Onward towards the exit. Cameron told a press conference in Brussels that the government would "take action" if there was any sign of the FU members "encroaching on the single market". And that he would watch out for such encroachment "like a hawk". He didn't say what action would or could be taken.

The main safeguard in the draft fiscal union treaty appears to be in the preamble:

NOTING, in particular, the wish of the Contracting Parties to make more active use of enhanced cooperation, as provided for in Article 20 of the Treaty on European Union and in Articles 326 to 334 of the Treaty on the Functioning of the European Union, without undermining the internal market, as well as to make full recourse to measures specific to the Member States whose currency is the euro pursuant to Article 136 of the Treaty on the Functioning of the European Union, and to a procedure for the ex ante discussion and coordination among the Contracting Parties whose currency is the euro of all major economic policy reforms planned by them, with a view to benchmarking best practices.

Yes, I know that isn't even a sentence - such is the language of European treaties. Anyway, in something approximating English, this seems to be saying that the FU treaty is recognised as a special deal between some but not all existing EU member states - "enhanced cooperation" - for which a legal framework already exists in the much revised founding treaties of the EU.

The key passage on "enhanced cooperation" in the Treaty on the Functioning of the European Union says:

Such cooperation shall not undermine the internal market or economic, social and territorial cohesion. It shall not constitute a barrier to or discrimination in trade between Member States, nor shall it distort competition between them.

In other words, cooperation between FU members mustn't formally skew the single market against the non-FU members (Britain and the Czech Republic). In practice, however, some or all FU members could end up deciding on things that would subsequently be put to a full EU Council and comfortably outvote Britain.

To what extent this will happen and what Cameron could do about it are the real questions that should be asked about the changing nature of Britain's status within the EU after Monday.

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

Photo: Getty
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Like it or hate it, it doesn't matter: Brexit is happening, and we've got to make a success of it

It's time to stop complaining and start campaigning, says Stella Creasy.

A shortage of Marmite, arguments over exporting jam and angry Belgians. And that’s just this month.  As the Canadian trade deal stalls, and the government decides which cottage industry its will pick next as saviour for the nation, the British people are still no clearer getting an answer to what Brexit actually means. And they are also no clearer as to how they can have a say in how that question is answered.

To date there have been three stages to Brexit. The first was ideological: an ever-rising euroscepticism, rooted in a feeling that the costs the compromises working with others require were not comparable to the benefits. It oozed out, almost unnoticed, from its dormant home deep in the Labour left and the Tory right, stoked by Ukip to devastating effect.

The second stage was the campaign of that referendum itself: a focus on immigration over-riding a wider debate about free trade, and underpinned by the tempting and vague claim that, in an unstable, unfair world, control could be taken back. With any deal dependent on the agreement of twenty eight other countries, it has already proved a hollow victory.

For the last few months, these consequences of these two stages have dominated discussion, generating heat, but not light about what happens next. Neither has anything helped to bring back together those who feel their lives are increasingly at the mercy of a political and economic elite and those who fear Britain is retreating from being a world leader to a back water.

Little wonder the analogy most commonly and easily reached for by commentators has been that of a divorce. They speculate our coming separation from our EU partners is going to be messy, combative and rancorous. Trash talk from some - including those in charge of negotiating -  further feeds this perception. That’s why it is time for all sides to push onto Brexit part three: the practical stage. How and when is it actually going to happen?

A more constructive framework to use than marriage is one of a changing business, rather than a changing relationship. Whatever the solid economic benefits of EU membership, the British people decided the social and democratic costs had become too great. So now we must adapt.

Brexit should be as much about innovating in what we make and create as it is about seeking to renew our trading deals with the world. New products must be sought alongside new markets. This doesn’t have to mean cutting corners or cutting jobs, but it does mean being prepared to learn new skills and invest in helping those in industries that are struggling to make this leap to move on. The UK has an incredible and varied set of services and products to offer the world, but will need to focus on what we do well and uniquely here to thrive. This is easier said than done, but can also offer hope. Specialising and skilling up also means we can resist those who want us to jettison hard-won environmental and social protections as an alternative. 

Most accept such a transition will take time. But what is contested is that it will require openness. However, handing the public a done deal - however well mediated - will do little to address the division within our country. Ensuring the best deal in a way that can garner the public support it needs to work requires strong feedback channels. That is why transparency about the government's plans for Brexit is so important. Of course, a balance needs to be struck with the need to protect negotiating positions, but scrutiny by parliament- and by extension the public- will be vital. With so many differing factors at stake and choices to be made, MPs have to be able and willing to bring their constituents into the discussion not just about what Brexit actually entails, but also what kind of country Britain will be during and after the result - and their role in making it happen. 

Those who want to claim the engagement of parliament and the public undermines the referendum result are still in stages one and two of this debate, looking for someone to blame for past injustices, not building a better future for all. Our Marmite may be safe for the moment, but Brexit can’t remain a love it or hate it phenomenon. It’s time for everyone to get practical.