Our Loss of Sovereignty

 

I have no doubt about the deep and enduring importance of Britain’s decision to repossess by her own force the Falkland Islands, which had been invaded and occupied by a foreign power, and of the military success which crowned that decision.  I have equally little doubt that this happened, and only happened, because a certain lady in a certain key position, who turned out to be in tune with the national instinct and perception, put her foot down and kept it down.  By this event those of who see, as I do, the Falklands issue – national sovereign identity – staring us in the face, north, south, east and west, are likely to have been encouraged.  It is necessary that we should not be over-encouraged.  If we realise how peculiarly favourable the circumstances on the 3rd of April 1982 were for the operation of a female foot and how constricted is its movement in other circumstances, we may be the better able to help to prevent the Falklands event from becoming a mere flash in the pan and not the first of a series of controlled explosions.

 

The crucial fact about the 3rd of April was that the Prime Minister, and therefore the nation, were not committed in the opposite direction by past public words.  Others may have been up to the neck in schemes to abort Britain’s public pledge to the Islanders and to get rid of British sovereign territory.  For all we know, something to that effect may even have figured in state papers which included No. 10 on their circulation list.  But publicly the sheet was clean: the assertion which had the nation’s ‘full-hearted consent’ was untarnished; there were no prime ministerial words to be eaten.

 

Alas, in what other context can the same be said?  Yes, economic policy, perhaps; but there, though the right economic assertions were tangled up with injudicious and incompatible ones, they were still plain and palpable.  Anyhow, we are not – or not primarily – talking economics.

 

The day before Parliament rose for the summer recess, the female foot did in fact stamp a hole through an existing commitment, when in reply to my oral question Mrs. Thatcher declared that ‘no commitment exists for Her Majesty’s Government to consult the Irish Government on matters affecting Northern Ireland’.  What is not clear is whether the owner of the foot realised how much, in order to make good that action, of the acts and words of British Governments, including her own, would have to be repudiated and reversed.  For decades the actions and aims of British statecraft had privately been directed towards disembarrassing the United Kingdom of its province twelve miles across the North Channel and producing, in some form, a state embracing the whole island of Ireland which could then be embodied without reservation in the Western Alliance and the political unity of Europe.  These actions and aims were irreconcilable not only with the pledges repeatedly given by Britain to Northern Ireland but with the nature of the parliamentary union itself.  Whether or not the Prime Minister was fully apprised of them, she herself made, first privately and then publicly, agreements with the Irish Republic which would be understood, as designed to implement those policies and which were inconsistent with her own repeated assertion of the UK’s exclusive sovereign rights in this part of its territory. 

 

Then in the last week of July 1982 she put down her foot.  Did she know what she was doing?  Did she mean what she was doing?  Did she, if so, purpose to carry it through, ripping up on the way the Foreign Office policy of a whole generation?  And if she did so, would she be in tune with the national instinct and perception?  To discuss the Falklands event and British sovereignty without asking those questions is an exercise in footling.

 

Something like it had happened earlier.  Fifteen months before she became Prime Minister, Mrs. Thatcher publicly observed that people in London and other English cities were living in fear of being ‘swamped’ by the New Commonwealth population.  There was no doubt, that time, what the national instinct and perception was; and those of us who also knew the facts said to ourselves ‘Oho! Then commitments, public sentiments, legislation, will have to be torn up by the cartload’.  But the fleet did not sail from Portsmouth; and when in 1981 the Prime Minister denied that what had happened in Brixton had anything to do with unemployment, a shot across the bows proved sufficient to cause the fleet to heave to.

 

However, if it be thought extravagant to introduce the question of ‘what sort of people we are’ into the context of national sovereignty, there remains, more insistent than ever but unresolved, the relationship of the United Kingdom with the European Economic Community.  That the British Parliament formally abdicated in 1972 its exclusive competence to legislate and tax in the United Kingdom and recognised the supremacy of an external legislature and an external court is not rendered compatible with national sovereignty by the declaration, officially made in 1975 at the time of the referendum, that Parliament can always repeal the 1972 European Communities Act and thereby compel – or enable (whichever way you look at it) – the Government to terminate Britain’s membership of the ECC.  Sovereignty not exercised is sovereignty renounced.

 

The prime ministerial foot has more than once been stamped in the last three years in the context of the EEC; but the same three years have seen the silent extension of the Community’s decision-making institutions into explicitly political and international areas and the relegation to limbo of the national power of veto provided by the Luxembourg compromise.  Some reluctance it may have been possible to detect occasionally; but the constraints of the status quo have always prevailed.  Past commitments, even past acquiescence, cannot be repudiated without long, intensive and public preparation.  Such preparation was, in the circumstances, not practicable.  At no point along the road from 1975 – or, for that matter, from 1971 – had there been a moment when a leader of a political party could suddenly replace ‘Yes’ by ‘No’.

 

The obstacles we overcame to retake the Falklands may have seemed large at the time.  They are molehills compared with those which lie between us and the recovery of what this nation has lost in sovereignty during the last thirty years.

 

'Thanks to David Hamilton for sending this'

 

 

 

 

 

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