Britain in the European Union: Law, Policy and Parliament PDF
Preview Britain in the European Union: Law, Policy and Parliament
Britain in the European Union Also by Philip Giddings THE OMBUDSMAN, THE CITIZEN AND PARLIAMENT, 2002 (co-author with Roy Gregory) THE OMBUDSMAN: Present Practice and Future Prospects, 1995 (co-editor with Roy Gregory and Victor Moore) PARLIAMENTARY ACCOUNTABILITY: A Study of Parliament and Executive Agencies, Macmillan, 1995 (editor for the Study of Parliament Group) RIGHTING WRONGS: The Ombudsman in Six Continents, 2000 (co-editor with Roy Gregory) WESTMINSTER AND EUROPE: The Impact of the European Union on the Westminster Parliament, Macmillan, 1996 (co-editor with Gavin Drewry) Also by Gavin Drewry THE CIVIL SERVICE TODAY, 2nd edn, 1991 (co-author with Tony Butcher) FINAL APPEAL: A Study of the House of Lords in its Judicial Capacity, 1972 (co-author with Louis Blom-Cooper) LAW, JUSTICE AND POLITICS, 2nd edn, 1981 LAW AND MORALITY, 1976 (co-editor with Louis Blom-Cooper) THE LAW AND PARLIAMENT, 1998 (co-editor with Dawn Oliver) LAW AND THE SPIRIT OF INQUIRY, 1999 (co-editor with Charles Blake) LEGISLATION AND PUBLIC POLICY, Macmillan, 1981 (co-author with Ivor F. Burton) THE NEW SELECT COMMITTEES, 2nd edn, 1989 (editor for the Study of Parliament Group) PUBLIC SERVICE REFORMS: Issues of Accountability and Public Law, 1996 (co-author with Dawn Oliver) WESTMINSTER AND EUROPE: The Impact of the European Union on the Westminster Parliament, Macmillan, 1996 (co-editor with Philip Giddings) Britain in the European Union Law, Policy and Parliament Edited by Philip Giddings Senior Lecturer in Politics University of Reading and Gavin Drewry Professor of Public Administration and Director of the Centre for Political Studies, Royal Holloway, University of London Selection and editorial matter © Philip Giddings and Gavin Drewry 2004 Chapters 1–11 © Palgrave Macmillan Ltd 2004 Softcover reprint of the hardcover 1st edition 2004 978-1-4039-0451-5 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2004 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-1-4039-0452-2 ISBN 978-0-230-52315-9 (eBook) DOI 10.1057/9780230523159 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Britain in the European Union:law, policy, and Parliament/edited by Philip Giddings and Gavin Drewry. p. cm. Includes bibliographical references and index. 1. European Union—Great Britain. 2. International and municipal law—Great Britain. 3. Constitutional law—Great Britain. 4. Great Britain. Parliament. 5. Great Britain—Politics and government—1997– I. Giddings, Philip James. II. Drewry, Gavin. KD4015.B75 2004 342.41—dc22 2003067591 10 9 8 7 6 5 4 3 2 1 13 12 11 10 09 08 07 06 05 04 Contents Preface vii Notes on Contributors x 1 Introduction 1 Gavin Drewry and Philip Giddings 2 Britain in Europe: Community to Union, 1973–2001 12 David Miers 3 Balancing Supremacy: EU Membership and the Constitution 37 Alan Page 4 Parliamentary Scrutiny of Policy and Legislation: The Procedures of the Lords and Commons 60 Priscilla Baines 5 Governance, Institutional Reform and Enlargement 97 Vaughne Miller and Carole Andrews 6 Employment Law and the Social Chapter 121 Julia Lourie 7 Westminster, EMU, and the Euro 145 Philip Giddings 8 Second Pillar Challenges: Foreign, Security and Defence Policies 175 Richard Ware and Joanne Wright 9 Immigration and Asylum: Law and Policy in Action 199 Gavin Drewry, with Gabrielle Garton Grimwood and Edward Wood 10 Devolution, Westminster and the EU 218 Alex Wright 11 Finding the Way Forward 240 Philip Giddings and Gavin Drewry v vi Contents Appendix A: Chronology of/Key Events 256 Appendix B: Web links 260 Select Bibliography:Books, Chapters and Articles Cited 264 Index 268 Preface This book has a long history, dating back to January 1990 when the Study of Parliament Group decided to establish a study group on Parliament and the European Community. The first product of that study group’s work was Westminster and Europe, published by Macmillan Press in 1996, and the early history of the project can be found in the Preface to that volume, written by our colleague David Millar, who was one of the original convenors of the study group. The website of the Study of Parliament Group itself is http:// www.spg.org.uk/. But even before the ink on that first publication was dry, it was quite clear to the editors, and to all the other members of the team of academics and parliamentary officers who contributed to Westminster and Europe, that the continuing unfolding of events in Europe following the Maastricht Treaty on European Union (roughly, the cut-off point for the earlier book) meant that a successor volume would soon be needed. The urgency of this was compounded by par- liamentary changes in the UK – in particular the Blair Government’s decision to set up a Scottish Parliament and a Welsh Assembly, exer- cising devolved powers. The study group was reconstituted and reconvened, with a sub- stantial carry-over of membership from its predecessor – though with some new faces, several of them co-opted from outside the member- ship of the Study of Parliament Group, added to the team. This blend of continuity and change (to use that rather hackneyed but apposite phrase) enabled us to build upon the strengths of Westminster and Europe but also to take on board new themes and a lot of fresh material. We quickly abandoned early thoughts about producing a mere second edition of the previous volume when the extent to which the subject-matter and its context had changed made clear to us that a completely new book would be necessary. We also decided, in consultation with our publishers, to increase the book’s appeal to lawyers, as well as to political scientists, by giving it a more explicitly legal and constitutional flavour. vii viii Preface The study group proceeded as before by holding two or three meetings a year to plan the structure and content of a new book and to benefit from the expert knowledge of specialist insiders (such as the clerks and advisers to relevant parliamentary committees) who came to address us. Our first acknowledgement of debt must be to such behind-the-scenes contributors who generously gave up their time to come and talk to the group and who often made themselves available in other contexts to give invaluable information and advice. Those who helped us in this way did so on a non-attributable basis, which is why this acknowledgement is in impersonal terms. And none of our advisers is in any way responsible for the contents of the book. It was noted in the Preface to Westminster and Europe that the book had taken five years to come to fruition. The present book has been similarly slow in production, and for similar reasons. Apart from the familiar excuse of good intentions being thwarted by competing pressures of time, some authors underestimated the sheer volume and complexity of often highly technical subject-matter. And although the general cut-off point for new material was the 2001 general election, authors had in some contexts to update their material beyond that point – and, from the editors’ point of view, the book would have looked strangely truncated had we not taken on board at least some aspects of the continuing debates surrounding M.Giscard-d’Estaing’s Convention on Europe, or had we not noted Chancellor Gordon Brown’s House of Commons statement on 9June 2003 about the prospects of the UK signing up to the single currency. Even so, we were too late to take on board an important report by the European Scrutiny Committee, The Convention on the Future of Europe and the Role of National Parliaments (HC 63, 2002–03) which came out in June 2003, just as the book was being finalised. In this context we take the opportunity to thank our publishers, Palgrave Macmillan, and particularly Alison Howson, for their patience and, more generally, for their support and encouragement for our project. Finally, the editors must warmly thank all their fellow members and associates of the study group without whose hard work and expertise this book could not have been written. It would be invidious to single out individuals in this context, but we must make an excep- tion in naming Priscilla Baines and Richard Ware who, as well as Preface ix contributing as authors, gave us an enormous amount of invaluable editorial help and advice. We are also very greatful to Christine Fretten for providing a comprehensive listing of Parliamentary reports relating to the European Union. This list is published on the SPG’s website. The content of individual chapters and appendices is the responsi- bility of their authors. The co-editors are responsible for all matters of editorial policy, including the structure of the book as a whole, and for the material in the chapters that bear their names as authors. Although the book is the product of a study group of the Study of Parliament Group, it does not purport to represent any corporate views of the SPG. Philip Giddings Gavin Drewry Note: In the interests of space, the predecessor to this book, Philip Giddings and Gavin Drewry (eds), Westminster and Europe: The Impact of the European Union on the Westminster Parliament is cited hereafter as Westminster and Europe.
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