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European Council

Let me try to shed some more light on that. The position is this. I think there are some major legal question marks over what the 25 EU members have signed up to. However, the best thing for Britain to do, instead of going for an outright legal challenge—which might be partly successful—is to say, ““We have our misgivings and concerns. We've reserved our position, but we won't challenge, so long as you are sticking to the elements of fiscal union and not the single market.”” I have given this considerable thought and I think that that is the right way forward, not least because there are some things being done in the agreement that the EU treaties give permission for, because they allow member states, as my hon. Friend will know—he is a great expert on this—to do things together under some circumstances. Therefore, the legality is not completely black and white. That is why I think it is in Britain's interest to use our leverage to make sure that those involved stick to the fiscal union and do not get involved in the single market.