The Impact of EU membership on decision making in the UK

Lesson Starter

Today we will…

• Identify the EU laws that have been implemented in the UK.

• Identify how the powers of the Scottish and UK parliaments are limited by the EU.

Success Criteria• I can list and explain the

different EU laws. • I can work cooperatively to

show the impact of EU decision in the UK.

You will have already looked at the powers that belong to the Scottish Parliament and Westminster.

Devolved Powers

HealthEducation and TrainingSocial workSports and the artsLocal governmentEconomic Development and TransportHousingLaw and OrderAgriculture, Forestry and FishingTax varying powers – can increase tax by 3p in the £ -

Reserved Powers

The constitutionDefenceUK foreign policySocial securityUK fiscal and monetary policy – the economyEmploymentImmigrationTransport and Safety RegulationAbortion/firearms/drug control

Others e.g. nuclear energy, broadcasting

These powers can also be challenged by EU law

Britain joined the European Union in 1973

The EU brings many social and economic benefits, however, some people believe that by being part of this organisation some power is taken away from the UK

The European Union, or EU, describes itself as a family of democratic European

countries, committed to working together for peace and prosperity.

The Impact of EU membership on decision making in the UK

28 member states

• European Parliament has 766 seats from 28 member countries.

• The European Parliament is composed of publicly elected members (MEPs) from each member state. Elections are held every five years.

• The European Parliament is divided into political rather than national groupings, for example, the Socialist Group, the Christian Democratic Group and the Green Group. MEPs choose which group they wish to belong to.

EU Decision Making

• In certain areas such as tax, defence, health, industry, culture, tourism, education, youth, sport and vocational training - the EU has the right to support, coordinate or supplement the actions of member states like the UK.

• Euro MPs don't set our taxes or decide if a local school or hospital's going to close, but they do have a big influence on how we live our lives.

• They make decisions in Brussels that directly affect our jobs, our family lives, the health care we get, rules about recycling and energy.

• MEPs passed a law a few years ago significantly cutting the cost of texting from abroad. Roaming rates were also cut.

• They also stopped airlines from using misleading adverts that suggest we can fly to Spain for 50p.

Benefits

• Trade benefits• Common Agricultural Policy• Regional Development fund/Structural finds etc

The Scottish Parliament and the EU

The following examples show how decisions made by the Scottish Parliament can be restricted by and influenced by the

EU.

What Powers does the EU have?

The EU has a much greater influence over the more social policies rather than political or military ones.

Certain laws that have been passed in the UK and Scotland have been challenged by the EU.

Minimum Unit Pricing on Alcohol

The Scottish Government proposed this to tackle Scotland’s unhealthy relationship with alcohol. They argue that affordability is one of the main reasons for the increase in consumption. It is estimated that alcohol is now 44% more affordable in the UK than it was in 1980. Tackling price could lead to reduced consumption and related harm.

The Alcohol (Minimum Pricing) (Scotland) Act 2012 was passed in June 2012 and will pave the way for the introduction of a preferred minimum price of 50p per unit.

The EU and Minimum Unit Pricing

• Some member states of the EU are against Scotland’s minimum pricing on alcohol and they are trying to block the plans.

• France, Spain, Italy , Portugal and Bulgaria have said that the policy is illegal.

• They argued that it breaches European Free Trade Law.

Free trade within EU states means that barriers to

trade have been broken down with reduced taxes and

tariffs.

What can the EU do about the MUP?

• The Scottish Whisky Association has challenged the law.

• The wine producing countries have argued that this policy will have a devastating impact on the wine and spirits industry.

• These countries have argued that it breaches the European Free Trade Law as it discriminates against imported products.

Why are the producers against

the policy?

What can the EU do about the MUP? Under European law, countries can restrict imports on public health grounds but only if it doesn’t restrict trade between member countries.

The issue that member countries have is:

• It would effect competition between countries as it would mean that cheaper products would be at a disadvantage.

• It would not allow the free movement of goods.• It would not allow for healthy and fair competition

between countries and countries would suffer from a loss in profit.

As a result of the these concerns, the Court of Justice of the European Union will decide if the policy is legal. They have said that member countries do have the right to protect citizens on grounds of health but the policy may disadvantage other members. They may advise on a different approach. For example increasing alcohol taxation.

Common Fisheries Policy

This sets quotas which member states are allowed to catch and what amounts for each type of fish. The whole purpose is to manage fish stock for the EU. It has been criticised by fishermen who say it is threatening their livelihoods.

The fishing industry in Scotland comprises a significant proportion of the UK fishing industry. In some areas the fishing industry creates 40% of employment.

Common Fisheries Policy CFP was heavily criticised by fishermen in the UK and Scotland because:

• It is seen as wasteful as 75% of stocks were overfished . The quotas were not properly enforced by the EU.

• The Scottish Government felt fishermen have very limited opportunity to influence EU fisheries policies because they do not have much contact with the European union decision makers.

• Because of the rules and regulations, it was felt that CFP did not make use of the fisherman’s knowledge and expertise.

Therefore, it could be argued that the EU should not manage the fisheries and it should be placed under national control. This would mean that the Scottish Parliament would legislate on it.

However, the whole idea of the CFP is to make Europe's fishing stable and sustainable and prevent conflicts arising where foreign trawlers fish in a country's waters.

CFP has recently been updated to deal with the concerns.

The UK Parliament and the EU

The following examples show how decisions made by the UK parliament can be restricted by and influenced by the EU.

Prisoner Voting Rights

• Prisoners in the UK do not get to vote in elections.

• However, some prisoners have argued that under EU law, they have the right to vote.

• The European Court of Human Rights (ECHR) have said that the UK’s blanket ban on votes for convicted inmates is a breach of human rights.

David Cameron, December 2013

“Prisoners "damn well shouldn't" be given the right to vote…The court's powers must be restricted, we need to clip its wings".

• This issue is currently under investigation and the UK may be forced to reconsider its blanket ban on prisoners votes.

• A cross-party committee of MPs and peers has recommended prisoners serving jail terms of a year or less and those coming to the end of their sentences should be entitled to vote.

• This example clearly shows how the power of the UK government is restricted by the EU.

Information on EU laws that affect the UK Stand and Deliver Task1. Mobile Phone Roaming Charges-The European

Commission is proposing to scrap mobile phone roaming charges across Europe. Measures will reduce consumer charges.

2. Working Time Directives- limits the working week to 48 hours. Britain opted-out of this which allows workers to say that they do not want their time to be limited.

3. Freedom of Movement-all EU citizens are entitled to look for a job in anther EU country without needing a work permit and reside in the country.

4. Eurozone bailout fund- countries such as Spain, Ireland, Portugal and Greece have received money from the EU to bailout their failing economies. All EU countries have signed up to help protect the single currency.

Britain’s Responses to these Laws 1. Working Time Directives- UK have opted out of this

law. UK believes that opting out gives more flexibility and boosts the economy by allowing people to decide how many hours they wish to work.

2. Freedom of Movement- David Cameron has suggested that there should be limits to the freedom of movement of European countries since poorer countries like Romania and Bulgaria have joined.

3. Eurozone bailout fund- UK wants to ensure that they are not responsible if any of the countries fail to pay back the money. The Queen’s speech highlighted the UK’s intention to withdraw from EU bailouts.

Impact upon UK decision making

Can the UK simply ignore EU legislation?

No, but they can certainly challenge it. T he UK can make an amendment by an Act of Parliament. Member states must also look out for developments in the domestic and European courts, which might mean some laws need to be adapted.

What penalties can the EU impose if member states defy EU law?

The UK has to meet timescales for implementing EU law. Even before the measure is adopted, member states will have started thinking about a project plan for implementation, including key dates by which consultations must have been completed.

Failure to implement laws within the Commission's deadline will give rise to possible actions against the government, before both national and European courts.

The Limitations of the EU

Limitations of the

EU

Each member state still has sovereign power which means that each country can make

final decisions. These decisions make have implications to future

involvement with the EU.

Opt outs. Meaning that countries do not have to participate in

these policy areas. The UK has opted

from the Euro and the Working Time

Directive

International Issues. Member countries do not

have to consult the EU when going to

war.

The Eurozone bailout. UK government refused to

participate in this.

The European Union: Better off in or out? David Cameron is to promise

to "make sure" UK voters get a referendum on whether to leave the European Union.

He wants to have an ‘in-out’ referendum by the end of

2017.

He also argues that he has a record of "standing up" to Brussels over eurozone

bailouts and EU budgets.

British people were concerned that they had little say about

how the European Union affected their lives.

William Hague: "Too often, the British people feel that Europe is something

that happens to them, not something they have enough of a say over. That the EU is happy speaking but does not seem interested in listening”

Cameron’s Speech

on Europe

Exam Task

Evaluate the impact The European Parliament has on decision making

in the UK 12 marks

Was I successful? • I can list and explain the

different EU laws. • I can work cooperatively

to show the impact of EU decision in the UK.