Marina Wheeler

The issue of sovereignty has mysteriously disappeared from the debate over Brexit. Some business-focused commentators even like to assert that in a ‘global, interconnected world’, sovereignty is meaningless. But a court judgment, delivered earlier this month, perfectly illustrates what is at stake. The case is about national security. Specifically, it is about the legality of techniques used to identify and disrupt people intent on unleashing terror: the kind of terror we have seen recently in Manchester, Westminster, Borough Market and Parsons Green. The technique at issue is the bulk collection of communications data (BCD). This data is the ‘who’, ‘where’, ‘when’ and ‘with whom’ of communications, not what was written or said.

Last week Donald Tusk, President of the European Council, tabled proposals which the government hopes will form the basis of the UK’s renegotiated relationship with the European Union. Politically, the proposals may be just the job: a new commitment to enhance competitiveness, proposals to limit benefits to migrants, recognition that member states’ different aspirations for further integration must be respected, and creation of a ‘red card’ mechanism to block EU legislation. Legally, however, they raise more questions than they answer. This ought to have been an opportunity to look at the Court of Justice of the European Union, whose reach has extended to a point where the status quo is untenable.