1. European Union influence in the UK and Scotland Learning Intention 1. In what ways are the powers of the Scottish and UK parliaments limited by the EU

2.  You will have already looked at the powers that belong to the Scottish Parliament and Westminster. Devolved Powers Health Education and Training Social work Sports and the arts Local government Economic Development and Transport Housing Law and Order Agriculture, Forestry and Fishing Tax varying powers – can increase tax by 3p in the £ - Reserved Powers The constitution Defence UK foreign policy Social security UK fiscal and monetary policy – the economy Employment Immigration Transport and Safety Regulation Abortion/firearms/drug control Others e.g. nuclear energy, broadcasting These powers can also be challenged by EU law

4. k Britain joined the European Union in 1973 Every 5 years we elect MEPs to represent us in decision making within the EU. David Martin Labour Ian Hudghton SNP Struan Stevenson Conservative Catherine Stihler Labour Alyn Smith SNP George Lyon Alliance of Liberals and Democrats for Europe

5. Britain joined the European Union in 1973 The EU brings many social and economic benefits, however, some people believe that by being part of this organisation some power is taken away from the UK

6. EU – Cooperation with the UK and Scotland MEPs are democratically elected every 5 years The Commission – The executive body of the EU – one commissioner appointed from each EU country every 5 years The Council of Ministers are made up of government ministers from each country. This is the main decision making and legislative body. These government ministers will have experience and expertise in their specialised area Showing that Scotland and UK is represented in the decisions made within the EU

7. Other benefits Trade benefits Common Agricultural Policy Regional Development fund/Structural finds etc

8. Conflict with EU Minimum pricing in alcohol Minimum Pricing Alcohol Act was passed in 2012 by the Scottish Parliament and received Royal assent on the 29 th June 2012 Scotland has the power to pass laws that impact the health of the Scottish people. England and Wales have also discussed a similar law

9. HOWEVER  Five European wine-producing nations are trying to block Scotland's plans for minimum alcohol pricing.  France, Spain, Italy, Portugal and Bulgaria have said the policy is illegal, unfair and ineffective and could have a devastating impact on the wine and spirits industry.  They argue that it breaches European free trade law by discriminating against imported alcohol products clip

10.  Of the 12 countries which have written to the Commission to express their views on the matter, only Ireland explicitly supported minimum pricing  Under European law, countries are allowed to restrict imports on public health grounds but only if doing so does not constitute a "means of arbitrary discrimination or a disguised restriction on trade between member states  This example clearly shows how the power of the Scottish Parliament is restricted by the EU clip

11. Prisoner Voting Rights In 2013 convicted murderers Peter Chester and George McGeoch had argued that EU law gave them a right to vote - even though they cannot under British law. The European Court of Human Rights has previously told the UK to end the blanket ban on prisoners voting.

12. Convicted prisoners in the UK are banned from voting on the basis that they have forfeited that right by breaking the law and going to jail. In December 2013 Prime Minister David Cameron said prisoners 'damn well shouldn't' be given the vote and he vowed to 'clip the wings' of the European Court of Human Rights

13.  This issue is currently under investigation and the UK may be forced to reconsider its blanket ban on prisoners votes.  A cross-party committee of MPs and peers has recommended prisoners serving jail terms of a year or less and those coming to the end of their sentences should be entitled to vote. A cross-party committee of MPs and peers has recommended A cross-party committee of MPs and peers has recommended  This example clearly shows how the power of the UK government is restricted by the EU

14. Abu Qatada Deportation  Was dubbed as one of Osama’s Right hand men.  Born in Jordan but a resident of the UK  Linked to various terror attacks.  UK wanted to deport him back to Jordan  But Qatada – who has praised the 11 September 2001 terror attacks – repeatedly used human rights laws to avoid removal  He argued he would not face fair trial in Jordan – Under Article 6 of the ECHR the UK to protect a persons right to a fair trial

15. The debate over the deportation of Abu Qatada continued for eight years and in 2012, the European Court of Human Rights ruled that deporting Abu Qatada would be a violation of Article 6, given the real risk of torture being used to obtain evidence at his trial In the end the UK made an treaty with Jordan which meant Qatada’s trial would be fair and free from torture. Qatada agreed voluntarily to go to Jordan after this treaty was signed He was deported in July 2013

16. Common Fisheries Policy   Sets quotas for which member states are allowed to catch what amounts of each type of fishmember states   Largest Fishing ports – Fraserburgh and Peterhead – Aberdeen –

17.   Regulates the production of fish – quality, grading, packaging etc   Sets minimum fish prices   Sets rules of trade with non EU countries   Advantages   Protects Fishermen – ensures minimum income   Ensures consumers have a good quality supply of fish   Disadvantages   Hard to enforce - illegal fishing accounts for one-third to one-half of all catches   EU quotas mean that a huge number of dead fish are thrown overboard after being caught

18. Sovereignty  Despite these restrictions that EU can place on the decisions made by Scotland and the UK, it is important to remember that each member state of the EU has sovereign power.  Each state can make final decisions but these decisions can have implications to future involvement with the organisation

19. Opt Outs  The Law of the European Union is valid in all of the 28 EU Member States  However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas. opt-outs  Britain has exercised this power in 4 times including opting out of the Euro and The European Working Time Directive  This shows that the UK does not need to be forced into all decisions made by the EU

20.  There are lots of other areas that the EU is not involved in - The decision to go to war – Iraq/Afghanistan  This is a decision made by each individual member country

21. Eurozone bailout  The UK government refused to bailout any Eurozone country after the crisis that engulfed the region  The UK refused to contribute to the IMF's bailout fund for the EU  This shows that the UK retains a large degree of sovereignty over how it spends its money

22. Justice in Scotland  While prisoners may eventually have to be given the right to vote and ‘slopping out’ in our prisons was forced to come a stop, we retain sovereignty in many areas of our justice system  The decision to release Abdul baset al Megrahi was taken by the Scottish government with no interference from Europe  Even the controversial proposal to change the laws regarding corroboration (if they go ahead) will be a decision taken in Scotland

23. Future of the UK’s relationship with the EU  The Conservative Party have pledged to give UK citizens the opportunity to vote on future involvement in the EU  David Cameron has promised to renegotiate Britain’s relationship with the EU then put the new deal to the people in a referendum before 2017.