Interview with Sir Leon Brittan




       
       
       
 
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                                ON THE RECORD      
                         SIR LEON BRITTAN INTERVIEW   
                                                       
RECORDED FROM TRANSMISSION: BBC-1                              DATE: 06.12.92 
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JONATHAN DIMBLEBY:                     Sir Leon Brittan, it's not going to be 
easy is it for the Prime Minister to pull his Presidential chestnuts out of the 
fire at Edinburgh? 
 
SIR LEON BRITTAN:                      Not easy but not impossible, you 
probably remember that at about this distance before the Maastricht Council 
itself we were going through the same period of it looking jolly difficult and 
in fact it proved possible, but it's not a guarantee that it will be. 
 
DIMBLEBY:                              Let's take some of the key elements in 
what he's described as the Rubik Cube, the Government has said on the budget 
"we will not move on the question of the British rebate" can Britain hold that 
line? 
 
BRITTAN:                               Yes I think Britain can hold that line.
If Britain is prepared to move, not too much but just a bit on the actual 
budget people will understand that Britain can't move on the rebate, there'll 
be a great argy bargy about it but I think it can end up that way. 
 
DIMBLEBY:                              But he's got to be able to move on the 
size of the budget itself, moving towards the Commission's figure or Delors'
figure rather than holding it at near freeze. 
 
BRITTAN:                               Well Britain hasn't proposed to hold it 
at near freeze, Britain has already proposed an increase in the budget, the 
Commission came up with a larger figure, Delors brought it down and somewhere 
in between you've got to reach a figure that everyone could accept.  
Remembering always of course that there's no increase proposed by the 
Commission for the first two years, so somewhere or other you've got to accept 
a figure which is acceptable all round and Britain's not alone in not wanting 
to increase it a great deal, but on the other hand you can't expect to spend on 
Eastern Europe and things of that kind without providing the extra money. 
 
DIMBLEBY:                              But if the rebate is to be protected and 
held at its present level, if he isn't..if he's going to get that from the 
others, are there other concessions that he's got to offer as well as on the 
budget or is that going to be enough within that framework? 
 
BRITTAN:                               No, I think on the budgetry issue what 
the makings of a deal would be to keep the rebate as it is but that will take a 
lot of fighting for, but then for Britain to increase the present figure that 
it's prepared to go to by a small amount and reach a deal on that basis. 
 
DIMBLEBY:                              Will it help Britain's position if 
openly John Major says "well you don't have to have the European Bank in 
London, we give up our claim on it". 
 
BRITTAN:                               Well it's part of a package deal.  There 
are a lot of European institutions that have to be found homes and not just the 
Bank and you could please a lot of people by doing a package deal which would 
include the Bank.  The Spaniards are very keen that the environmental agency 
should go to Seville, the French are extremely anxious about the Parliament and 
the reassurance that that would continue to be in Strasbourg for its 
preliminary sessions, twelve times a year and that frankly as far as the Bank 
is concerned it's jolly difficult to argue for the Bank being in London if 
Britain hasn't decided to join EMU stage three, so if you could do a deal which 
accepted that the Bank went to Germany but not to Frankfurt, to Bonn, then I 
think you would win a lot of browny points all round and that would help I 
think in securing Britain's objectives in all other respects. 
 
DIMBLEBY:                              Do you expect Britain to deliver that? 
 
BRITTAN:                               Well that you must ask British ministers 
about but I think if that was possible it would be a big contribution to the 
success of the summit. 
 
DIMBLEBY:                              On the question of the recovery 
programme about which there has been much fierce debate, do you think Britain 
is going to have to compromise the position of the moment which is essentially 
we're not very keen on any recovery package? 
 
BRITTAN:                               Well you say that but actually what is 
coming forward from the Commission is something that's very much in line with 
Britain's Autumn Statement. The idea of concerting national economies to focus 
on capital expenditure rather than current expenditure, to give priority to 
those capital projects and to cut down on public sector pay, that's a concept 
which can be applied Europe wide and the facility that the Commission has 
suggested, a five billion loan which will be negotiated because the Community's 
able to do so at very favourable rates and then those countries that want 
it for the..use for the capital projects will be able to draw on it but will 
not have any obligation to do so and won't have to spend a penny unless they 
choose to borrow from that loan.  All of that fits in very much with the 
British conception while at the same time enabling a boost for capital 
expenditure across Europe through those trans-European links which could 
include of course the rail link to the Channel.  I think that there's no 
disagreement of philosophy whether Britain accepts this or not, we shall see,
but I think that there is no conflict there at all. 
 
DIMBLEBY:                              Just on that last point, you're saying 
that that.. some of that money could go towards financing the rail link to the 
Channel so that a little bit comes back to Britain as it were.       
 
BRITTAN:                               Oh and of course links with Northern 
Ireland and the Republic and all of that, Britain.. this is something which 
Britain could certainly gain from. 
 
DIMBLEBY:                              On the question of our old friend or new 
friend subsidiarity, there is huge capital invested in domestic British 
politics in toughening up and clarifying the notion of subsidiarity, now the 
Government has come up with a list of potential areas where powers should 
return to Britain either legislation that's already in place should be.. should 
revert or proposed legislation, it's quite a list - is he going to get it? 
 
BRITTAN:                               Well it's not a question of returning 
powers to Britain it's a case of the Community deciding what should..needs to 
be done at Community level and what can be left to the member states.  Now a 
great deal of progress has been made on this, as far as the principles and the 
practice are to be applied and already you are actually seeing the Commission 
coming up with far fewer proposals and ditching quite a few that have been in 
the pipeline.   
 
                                       Now the Commission itself I hope is 
going to come up with a list, quite an impressive list I hope, of proposals 
which it's not going to go on with or existing law which it's going to amend, 
precisely because it considers it isn't necessary to do that at Community 
level.  I think that that list and you have to match it with with the British 
Presidency proposals you'll be able to get something quite impressive out of 
that from Edinburgh if all goes well. 
 
DIMBLEBY:                              Are the Europeans as determined to yield 
as it were from the centre to the regions in this matter as Britain has to be 
in order to get those Conservative back-benchers on side or is it a much cooler 
issue for the rest of Europe? 
 
BRITTAN:                               If you talk about it in terms of 
yielding, a lot of people won't like that and they'll be right not to because 
it isn't like that.  The principle works both ways, the principle of 
subsidiarity is not just about not doing what isn't necessary it's also about 
doing what is necessary.  If you put it that way and say it's a sensible, 
practical principle of saying let's do together what we can better do together 
and what doesn't need to be done together because there's no added value in it 
and it can be left to the member states then I think you'll get agreement. 
 
DIMBLEBY:                              I put it that way because as you know 
that's the way the British have a powerful tendency of putting it in the 
debate. 
 
BRITTAN:                               Well of course that's natural that you 
should do so but I'm putting it in the way that's most likely to reach an 
agreement at Edinburgh. 
 
DIMBLEBY:                              Let's go to the perhaps overwhelming 
issue or the top of the agenda, the question of the Danish referendum, it is 
critical for the credibility of the British Presidency to deliver something 
that the rest of Europe and the Danes think will create momentum for 
Maastricht, it looks pretty unlikely at the moment does it not? 
 
BRITTAN:                               No it doesn't look pretty unlikely, it 
looks difficult but I wouldn't go so far as to say unlikely.  The truth of the 
matter is that hardly any of the things that the Danes actually want really 
cause problems for her partners, it's the way it's put and the legality of it, 
the.. in fact I think there's a wide degree of concensus, it's the form in 
which it's put that has to be hammered out and such matters as its legality, 
its duration and so on. 
 
DIMBLEBY:                              Well let's look at both those things.  
On the question of substance rather than form, we have the Christian Democrats 
crying foul already, we have Chancellor Kohl saying you can't have Europe a la 
carte, on the other hand we have the Danes openly now in disarray about the 
character and quality of what Major is proposing. 
 
BRITTAN:                               Well disarray is wonderfully colourful 
but what you mean is disagreement and that doesn't, that's not infrequent and 
what..and this is a negotiation and some of the Danish parties are saying that 
what Britain has proposed doesn't go far enough and some of Britain's partners 
are at this stage saying that it goes too far... 
 
DIMBLEBY:                              But when for instance.. 
 
BRITTAN:                               ....substance and see whether there is a 
possible agreement. 
 
DIMBLEBY:                              Well then how do you rate what the 
speaking for the Christian Democrats, the former Prime Minister of Belgium 
Martins (phon) when he says a declaration by the, or a decision, by which 
Denmark and I'm quoting him now "will never join the final phase of monetary 
union" which is of course what the Danes are insisting on "will never be a 
member of the political union, is not acceptable to us". 
 
BRITTAN:                               Well you see the word "never" is the key 
to that and, of course, the way out of that is very simple, the Maastricht 
Treaty itself is due to be revised at a new intergovernmental conference in 
1996 and I think that you deal with that problem by saing that the commitments 
and undertakings that are made lasts as long as the Maastricht Treaty itself 
lasts. That avoids the use of the word "never" while at the same time giving 
the Danes the assurance that they are not committed to anything further because 
of course, any new treaty would also have to be agreed by unanimity.  There are 
ways through these things if you want to find them. 
 
DIMBLEBY:                              And you're always adept at seeking to 
find those ways Sir Leon, which is why it's interest to hear you say that.  Now 
let's go to the second area that you touched on, form or if you like also the 
question of the standing of any declaration that is made, the Danes say they 
won't accept a simple declaration tacked onto the Treaty, they want whatever is 
tacked on, whatever declaration there is, to have the same force in law as the 
Treaty itself.  But the others can't concede that can they? 
 
BRITTAN:                               Well it's not quite the same force as 
the Treaty itself, they want it to be legally binding.  Now what the other 
states don't want, and very understandably, is to renegotiate the Treaty and to 
have to ratify it because most countries will have ratified it by the end of 
the year, all ten probably, apart bar Britain and Denmark. 
DIMBLEBY:                              Well how can you have it legally binding 
if it, if the Treaty isn't ratified? 
 
BRITTAN:                               I will just come to that - because what 
you can have is an agreement which is not part of the Treaty and not a new 
Treaty that is nonetheless an international agreement, possibly one that even 
can be registered as such in the way that international law provides, but is 
separate from the Maastricht Treaty.  That's one way of doing it.  Others say 
that you don't even have to go as far as that, that an actual decision of the 
heads of government granted the special role given to the heads of government 
by the Maastricht Treaty, is itself legally binding.  So there are ways through 
that one as well if you have the common will to achieve it.      
 
DIMBLEBY:                              Now if that common will is not there or 
if it can't be achieved, obviously Maastricht is self evidently in terrible 
trouble.   
 
BRITTAN:                               Yes, but the most important point that 
you don't allow for is that there is a huge common desire to find a way forward 
because everybody knows that the Community has been a bit in the doldrums in 
the few weeks and months, and the desire to get it moving is one that is 
shared.  Therefore, so long as the particular concerns, whether it's for money, 
whether it's for legality as far as the Danes are concerned, whether it's to 
have the right balance in subsidiarity, so long as all that can be met there is 
a common desire to relaunch the European Community.  Don't forget on the first 
of January we actually have the single market coming into effect. 
 
DIMBLEBY:                              Okay Sir Leon, will, given that, John 
Major come under great pressure at Edinburgh to say when Britain will ratify?   
 
BRITTAN:                               Well he's already said pretty clearly 
what's going to happen, he has said that he anticiaptes that the Third Reading 
in the House of Commons will be in the late Spring and that the ratification 
procedure will be completed in the next parliamentary session.
DIMBLEBY:                              Forgive me Sir Leon, forgive me Sir Leon 
as I am sure that you know there is much greater ambiguity than that.  He seems 
to have said on the one hand that it will be after the Danish referendum and on 
the other hand it'll be done by the Summer.  If that ambiguity persists which I 
think is widely recognised in this country to be there, is that going to 
irritate even more profoundly the European Parliament? 
 
BRITTAN:                               That's not the ambiguity, the ambiguity 
is whether British Third Reading in the House of Commons is CONDITIONAL upon a 
Danish referendum being at that time or not, that's where the ambiguity lies.  
Now.. 
 
DIMBLEBY:                              Well has that got to be resolved? 
 
BRITTAN:                               If in fact you reach an agreement under 
which the Danes are satisfied and say that they are going to hold the 
referendum in the Spring then the problem doesn't arise because the condition 
is met and that is the best way forward. 
 
DIMBLEBY:                              Now it's always lovely to have everyone 
smiling and putting arms around each other, the fact of the matter is it could 
arise and I want to know what you think if it does arise, that the Danes aren't 
able to say or don't say "we will have the referendum in the Spring, we're 
going to have it later" - will John Major, if he wants to get an awful lot of 
other things from the Europeans, have to say "nonetheless we will ratify BEFORE 
the Summer recess".                                                             
 
BRITTAN:                               Well it's not a question of ratifying 
before the Summer recess because of course the thing has got to go to the House 
of Lords and everything else. 
 
DIMBLEBY:                              Third Reading. 
 
BRITTAN:                               Third Reading, yes.  I think that if the 
Danes were to delay the referendum until the Autumn that would lead to a lot of 
criticism of the Danes and I think that they will wish to avoid that at all 
cost.  I think that the focus would be at least as much on the Danes as on 
Britain, obviously people would be wanting Britain to ratify in any event, as 
early as possible, on the timetable that has been foreshadowed, but you still 
couldn't have implementation of the Treaty because the Danes would be holding 
it up until the Autumn so that is why, that is why the whole focus will be on 
avoiding that and reaching an agreement so that the Danes have their referendum 
in the Spring. 
 
DIMBLEBY:                              Let me put it another way round - would 
it greatly help relations between the partners if John Major were able to say 
"we will ratify in the Spring, we hope that will be after the Danish referendum 
(sorry Third Reading), we hope that'll be after the Danish referendum has been 
held but if not we will still go ahead and do it" - would that help 
him?                                                       
 
BRITTAN:                               Well it depends what else happens in 
Edinburgh, it may not be necessary but I..it's difficult to see circumstances 
in which that particular line arises because either the Danes have agreed to 
have their referendum in the Spring, in which case that's not necessary, or, 
the Danes insist that they hold it later on in the Autumn, in which case 
British ratification early doesn't help the general implementation. 
 
DIMBLEBY:                              Sir Leon, quite a lot a stake.   
 
BRITTAN:                               There is, of course, as always.  But I 
think that I have been able to show that there are ways forward on all the 
fronts that you've mentioned.  It doesn't necessarily mean that they will be 
achieved, but it can be done.  
 
DIMBLEBY:                              Sir Leon Brittan, as ever, thank you. 
 
BRITTAN:                               Thank you.