Legality of UK/EU deal questioned
Polls show the ‘in’ and ‘leave’ camps are neck and neck
BRITAIN’S deal with the EU on new membership terms could be undone by the European Court of Justice despite support from all member states, Justice Secretary Michael Gove – a leading member of the “Leave” campaign – has said.
Prime Minister David Cameron’s Downing Street office rejected the argument, saying the deal was an irreversible decision in international law that required the European court to take it into account.
Gove, considered a policy heavyweight in the British cabinet, is a close friend and political ally of Cameron, but the men are on opposite sides of the debate ahead of a June 23 referendum on whether to stay in or withdraw from the EU.
The “in” camp is currently ahead by a 12-point lead, but the gap has narrowed, according to the latest opinion poll.
Support for staying in stood at 51 percent, while 39 percent wanted a so-called “Brexit” and 10 percent were undecided, according to a ComRes poll for the Daily Mail.
ComRes said the “remain” lead over “leave” had narrowed by 6 points since its last poll for the same newspaper in January.
It said this provided further evidence that the process of renegotiation of Britain’s terms of EU membership, which culminated in a deal clinched by Cameron, had dented the “in” camp’s lead.
A separate poll, conducted by YouGov for the Times newspaper, where Gove previously worked as a journalist, found both sides were neck and neck ahead of the referendum, with 37 percent wanting Britain to stay in, 38 percent wanting to leave and 25 percent undecided.
The contrast between the two polls was consistent with a trend that has been apparent for several months, whereby telephone polls have found a comfortable lead for “in” while online polls have found evidence of a much tighter race, with “leave” ahead in some cases.
Gove does not have the popular appeal of London mayor Boris Johnson, the most prominent member of the ruling Conservative Party to come out in favour of a “Brexit”, but as Justice Secretary Gove’s views on the legal issues will carry weight.
“The facts are that the European Court of Justice is not bound by this agreement until treaties are changed and we don’t know when that will be,” Gove told the BBC in an interview yesterday.
He said Cameron was “absolutely right that this is a deal between 28 nations all of whom believe it” and said the prime minister had not misled anyone.
“I do think it’s important that people also realise that the European Court of Justice stands above every nation state, and ultimately it will decide on the basis of the treaties and this deal is not yet in the treaties,” Gove said.
Downing Street issued a statement rejecting Gove’s line of argument.
“It is not true that this deal is not legally binding. Britain’s new settlement in the EU has legal force and is an irreversible International Law Decision that requires the European Court of Justice to take it into account,” it said.
Attorney General Jeremy Wright also said Gove’s suggestion was not correct.
“It has legal effect from the point the UK says it intends to remain in the EU, and the European Court must take it into account,” Wright said.
“That is not just my opinion – it is the opinion of this government’s lawyers, lawyers for the EU, and, I suspect, the majority of lawyers in this country.”
According to a YouGov poll published yesterday in the Times, 29 percent of people would trust Cameron on EU issues, while 17 percent would trust Gove. The most trusted public figure on the issue, by 34 percent of people, is Johnson, according to the poll. – Reuters