Britain, European Union, Government, Legal, Politics, Society

The ‘single market’ of the European Union

What is the single market?

A trade agreement that allows different countries within the EU to trade across borders as easily as they can within their own country, with no extra tariffs or negotiations.

What kind of trade?

The rules of the single market are governed by the “four freedoms”: the free movement of goods, people, services and capital from one EU member country to another. This idea was integral to the original EEC Treaty in 1957.

What happens when the laws of two countries differ?

If something being traded compromises one country’s national laws regarding public policy, security or health, the national rules take precedence. Otherwise, the EU will usually create a single market law which will legislate for EU-wide rules – for example on the noise made by electrical devices.

What are minimum and maximum standards?

A minimum standards EU law allows individual countries to add tougher rules on top to govern their own country. A maximum standards law means that the EU law trumps national laws.

Can non-EU countries be in the single market?

Yes, but the EU will usually impose a customs tariff on imports from non EU-member countries


BREXIT

Brexit Secretary, David Davis, has said Britain could continue paying into Brussels after it has left the European Union to secure access to the single market.

Mr Davis told MPs the Government wanted to “get the best possible access for goods and services to the European market” post-Brexit.

It is the first time a Government minister has openly signalled money could be handed over to Brussels to secure favourable trading terms with the remaining 27 member states.

Downing Street said his comments were consistent with the Government’s stated position that it was for the UK to decide how its taxpayers’ money was spent.

Chancellor Philip Hammond said he was “absolutely right not to rule out the possibility that we might want to contribute in some way to some form of mechanism”.

But Liberal Democrat leader Tim Farron said they showed the Government’s plans for Brexit were in “chaos” with ministers sending “mixed signals” about future arrangements outside the EU.

Mr Davis’s remarks came during Commons Brexit questions when he was asked if ministers would consider making a contribution “in any shape or form” for access to the single market.

He told the House: “The simple answer we have given to this before is, and it’s very important because there is a distinction between picking off an individual policy and setting out a major criteria, and the major criteria here is that we get the best possible access for goods and services to the European market.

“If that is included in what you are talking about then of course we would consider it.”

Mr Farron said his comments underlined the need for ministers to spell out clearly what their plans were for Brexit.

“The Government are in an absolute mess. We are seeing chaos over their Brexit plans as they keep sending mixed signals on where they stand on basic, fundamental questions like access to the single market, payments to the EU budget and freedom of movement,” he said.

“How can the Government claim they have a mandate for their Brexit deal when they don’t even know what it is themselves?”

But Mr Hammond said: “What matters is that at the end of the day the package we get is a package that maximises the benefit to the UK economy, allowing British businesses, British workers to continue selling the goods and services that they produce into the European Union, and vice versa of course.

“You can’t go into any negotiation expecting to get every single objective that you set out with and concede nothing along the way. It will have to be a deal that works for both sides.

Pro-Brexit Conservative Steve Baker played down the significance of Mr Davis’s comments, suggesting they had been “over-interpreted”.

“Paying for market access would not be free trade but the Government is right not to speculatively rule ideas in or out, however left field those ideas may be. Ministers’ comments seem to have been over-interpreted. I am not concerned,” he said.

And former cabinet minister Iain Duncan Smith insisted there was no way of reaching a deal to pay the EU for access to the single market.

Mr Duncan Smith told BBC Radio 4’s The World At One: “What he’s talking about here is how do you get a deal that allows British and Europeans to access each others’ markets without the necessity of tariff barriers or artificial barriers against service etc.

“I don’t think there’s any way in which you can reach a deal whereby you say ‘I’ll pay some money in and therefore you allow us access’, because you might as well have tariff barriers at that point.”

Prime Minister Theresa May’s official spokeswoman said: “What he (Mr Davis) said in the House this morning is consistent with what we have said to date, which is that it will be for the UK Government to make decisions on how taxpayers’ money will be spent.

“We’ve said, as we approach these negotiations, we want to get the best possible access for British businesses to trade with and operate within the single market, while also taking back control on immigration.”

During his appearance at the Despatch Box, Mr Davis also indicated the Government was open to some form of transitional arrangement with the EU as part of its Brexit strategy.

“We are seeking to ensure a smooth and orderly exit from the European Union, and it would not be in the interests of either side, Britain or the European Union, to see disruption,” he said.

“To that end, we’re examining all possible options, focusing on the mutual interests of the UK and the European Union.”

 

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Government, Legal, Society, United Nations

Support for the International Criminal Court is dwindling

THE INTERNATIONAL CRIMINAL COURT

icc

Established in 2002 the International Criminal Court has existed for pursuing individuals suspected of having committed serious war crimes. But, now, support for its authority is dwindling.

Intro: Born of a noble ideal, the ICC would appear to be facing serious difficulties

The International Criminal Court (ICC) was established in 2002. This became the first permanent institution to bring to book the genocidal warlords who would have previously evaded justice. Its creation was heralded as a bastion for those seeking redress for the most heinous of crimes against humanity.

From the outset, however, the ICC was beset with difficulties. Principle among them has been the refusal of many countries, including the United States and China, to recognise its legitimacy and jurisdiction. Notwithstanding, more than 120 states did sign up; and to date the ICC has issued 39 indictments and concluded proceedings against 17 individuals, of whom three have been convicted. Preliminary investigations are taking place over 10 other conflict situations.

Within the last few days Russia has withdrawn its support for the Rome Treaty that underpins the court’s writ. It has done so in protest at an investigation into alleged atrocities it is said to have committed in Georgia. Moscow’s move follows recent decisions by South Africa, Gambia and Burundi to pull out accusing the court of bias and prejudice in Africa. Russia’s decision could prove to be the high watermark for the ICC as its authority erodes and declines further. Born of a noble ideal, the ICC would appear to be facing serious difficulties. But equally, with Russia cranking up for further military action in Syria, its action cannot be an excuse to carry out war crimes there.

With support for the ICC crumbling, the rationale for pursuing British soldiers for spurious allegations of abuse committed in Iraq is also diminishing. The Iraq Historic Allegations Team (IHAT) was set up ostensibly to avoid an investigation by the ICC, which would step in only if there were clear evidence of systemic abuse. This has not materialised. Hunting war criminals for the barbarity they have left in their wake is one thing; pursuing soldiers for carrying out their duty based on unfounded and malicious allegations is quite another.

 

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Government, Legal, Scotland, Technology

Legitimate concerns exist over access to personal information…

GOVERNMENT DATABASE

The rapid growth of information technology and the huge amount of information that can now be stored (and searched for) within seconds has brought some considerable advantages. It has, however, also raised some big challenges, particularly in relation to privacy and human rights.

Recently, the Scottish Government narrowly won a debate at Holyrood on a plan to allow public bodies to access data through an individual’s NHS number. Such data can be retrieved from a database known as NHSCR. Anyone who was born in Scotland or registered with a GP practice north of the border has a Unique Citizen Reference number held in the NHSCR.

The concern is not so much to do with the data that is already held here, but that the government wants various streams of data held by the National Registers of Scotland by postcode to be added to the register and freely shared with other public bodies.

A simple adding of the postcode information would remove by default the consent currently required by the address system.

Protagonists will argue that adding individual postcodes to a database has existed since the 1950s. They might add, as they should, that it helps to trace children missing from the education system and by helping to identify foreign patients accessing the NHS. And with laws currently moving through parliament, it will make it much harder to avoid paying Scottish rate income tax (SRIT), which comes into force next year. It has to be a good thing when better ways are found of ensuring everyone due to pay tax does pay that tax, setting aside of course the Scottish Government’s position on poll tax defaulters who have been allowed to see their debts owed to local authorities written-off in full.

The Scottish Government has tried to give assurances that no medical records will be shared, but there have to be causes for legitimate concern. Losing the crucial consent from the public for the information to be stored under an individual’s postcode is one. The sheer breadth of the public bodies this would be available to is another. What would be preventing Scottish Canals, Quality Meat Scotland or even Botanic Gardens Scotland from accessing personal information on any individual, which quite clearly would be far outside of their own operational domain?

Because no-one can predict the future with any accuracy and political environments can change quite quickly, thinly laid down arguments tend to perform poorly and can easily be lost within the plethora of the wider debate. But that is not the same as raising perfectly legitimate fears about the security of access to an individual’s personal data. The creation of one universal number, the huge amount of data stored by postcode and the number of organisations that would have access must increase the opportunity for abuse, either through wrongful proliferation, malevolent external hacking practices, rogue individuals permitted access to the network, or even by a government agency itself.

The least we should expect is that safeguards are spelled out in parliament so that there are reassurances on these reasonable points before the green light is given on these proposals. Otherwise, the whole plan will be seen as introducing ID cards by stealth by the back door, a process which, similarly, relies on the proliferation of information across a single database.

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