Howard- EU Constitution would remove asylum control
Leading legal opinion shows that Britain would lose some control over its asylum policies if it signs up to the proposed European Constitution, the Conservative leader Michael Howard has claimed.
Tony Blair has frequently said he is determined ‘red line’ policy areas, including asylum and immigration, will remain under British control.
However, a new legal opinion apparently implies that an opt-out would be ineffective.
Commenting today Mr Howard said: “Tony Blair claims that Britain’s asylum rules won’t be affected by the Constitution because we have an opt-out. But he is wrong. The opt-out has not yet appeared but, even if it does, it will be of limited use.”
“The Constitution would still give un-elected judges in Luxembourg more power to decide what Britain can and cannot do to manage asylum.”
Michael Howard is currently campaigning for the June 10th European elections in which the Tories are arguing strongly against the EU Constitution.
The legal opinion comes from Martin Howe QC, the chairman of the Congress for Democracy Constitutional Working Group. An expert in European Community law Martin Howe has long been cynical about the benefits of an EU Constitution and in May 2003 said he believed it, “undoubtedly constitutes a major further transfer of powers to the European Union”.
Mr Howe’s legal opinion concluded that the Constitution would make the European Charter of Fundamental Rights legally binding, and as just this would strengthen the European Court of Justice’s ability to interpret Britain’s asylum policy.
Speaking in Northampton, Mr Howard claimed: “That means that the European Court of Justice would start interpreting existing and new EU asylum rules in the light of this Charter.”
“And, by opening up another avenue of appeal, the Constitution would wreck the Government’s attempts to speed up our asylum procedures.”
Mr Howard pledged that a Conservative government would bring asylum under control and ensure a ‘firm but fair’ system.
Earlier in the week the Foreign Secretary Jack Straw indicated that Britain’s acceptance of the Charter of Fundamental Rights into the Constitution was by no means certain. Speaking after meeting other EU foreign ministers Mr Straw said he was determined that the charter should, “create no new rights under national law”.
