A few months ago I became intrigued by Denis MacShane's assertion - who you will recall is the former Minister for Europe - that only 9% of UK law was as a result of our membership of the European Union. Having only just remembered this, I thought it right to correct my forgetfulness.
Following an exchange of e-mails - in which I was informed "Please be aware that under parliamentary protocol, Denis MacShane MP is only permitted to deal with issues concerning his own constituents." and then, in response to my e-mail to his research assistant, Axelle Lemaire, asking for her help as it appeared Denis MacShane did not wish to discuss matters other than with his constituents, I was informed by Ms Lemaire that "I am afraid there has been a misunderstanding. Mr MacShane is usually very keen to reply to as many messages as he can, although he has to give priority to his constituents. However, given the number of messages he receives every day, Mr MacShane can hardly reply within 24 hours. (which I had not asked him to do!) With regard to the issue you are raising, I will ensure that either Mr MacShane or myself come back to you with a detailed response as soon as possible"
The result was I received, in the post, a copy of MacShane's speech in the House of Commons, together with a copy of Standard Note SN/IA/2888 dated 3rd August 2008 - which I have found on the Parliament website and can be read here. This Note explains that EC legislation which is not directly applicable (e.g. directives and decisions) can be enacted either by primary or secondary legislation in the UK.
It is interesting to read that, on page 12, dealing with the total number of SIs adopted and the number of SIs laid under the European Communities Act 1972 over the last seven parliamentary sessions, it states "These give an idea of the number of Directives as a percentage of all SIs but not Regulations, as these are directly applicable and only a few are implemented by SI" (my emphasis). Later, on page 13, this Note contains what I consider to be a most extraordinary statement: "The picture is complicated. Some EC measures are directly applicable in the member states. Others require incorporation into national law. This is sometimes done by legislation, but on other occasions by administrative means. In yet other situations, domestic legislation which is being amended for other purposes, may also incorporate changes to reflect EU directives. This makes it extremely difficult to determine how many legislative measures have been introduced in the UK as a result of EC measures". Er sorry, surely if whether done by "administrative means" or whether "domestic legislation which is being amended for other purposes" also incorporates measures to "reflect EU directives", then that becomes a piece of legislation enacted as a result of our membership of the EU.
Where MacShane gets his 9% figure from is an answer from Lord Triesman, in response to a question by Lord Stevens "How much of all United Kingdom legislation has its origins in European Union legislation", who said "We estimate that around half of all UK legislation with an impact on business, charities and the voluntary sector stems from legislation agreed by Ministers in Brussels. Parliamentary analysis of UK statutory instruments implemented annually under the European Communities Act suggests that on average around 9 per cent of all statutory instruments originate in Brussels."
It is obvious that someone, somewhere, has caught the Brown disease, otherwise known as 'selective accounting'!
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