The Ministry of Defence has clarified that the newly announced Security and Defence Partnership (SDP) with the European Union does not grant additional oversight or powers to the European Court of Justice (ECJ) over British defence matters—either in Great Britain or Northern Ireland.

In a series of written responses to Conservative MP Mike Wood, Defence Minister Luke Pollard stated: “I can confirm that the SDP is clear that our participation in defence initiatives will be in accordance with our respective legal frameworks.” He added that this position reflects the Government’s firm stance on maintaining national sovereignty, particularly regarding judicial authority.

The questions, tabled on 28 May 2025, sought clarification on the legal implications of the UK’s potential involvement in new EU security initiatives, particularly the €150 billion Security Action for Europe (SAFE) fund and the European Peace Facility.

In his response, Pollard reiterated that “this is a legally non-binding instrument that sets a framework for deeper cooperation on key issues like Ukraine, defence industry and peace building and crisis management.” He confirmed that the Government is still in discussions with the EU on the modalities of cooperation and any future financial contributions.

“We would only agree to future financial contributions to EU programmes that provide value to the UK taxpayer,” Pollard stated, adding that any UK participation in the SAFE mechanism or the European Peace Facility would be subject to strict scrutiny and value-for-money assessments.

The SDP, signed during the UK-EU Summit on 19 May 2025, marks the most significant formal step in UK-EU defence cooperation since Brexit. While the agreement is not legally binding, it outlines a shared ambition to collaborate on defence, crisis response, cyber resilience, and industrial policy.

The Prime Minister has already addressed questions about ECJ involvement in the Commons on 20 May. Pollard referred back to those comments in each of his answers, reinforcing that “our participation… will be in accordance with our respective legal frameworks.”

Despite the cautious tone on legal and financial matters, the UK Government is portraying the agreement as a major strategic step. Pollard stated: “This Government is delivering on our manifesto pledge to strengthen European security, support growth, and reinforce NATO.”

While firm cost estimates for participation in the SAFE fund were requested, no specific figures were provided. Instead, the MoD reaffirmed its intention to evaluate value to the UK taxpayer before committing funds.

The SAFE fund—currently a proposal by the European Commission—is intended to finance major defence projects and enhance joint procurement and manufacturing across EU member states. UK involvement, should it proceed, would likely be limited to specific collaborative programmes with mutual benefit.

13 COMMENTS

  1. I doubt we will get a fair share of any of these additional European funds, yet we are expected to fight and die defending the Europeans through NATO…

    • Thought he had signed us back up to paying in to a number of european areas without having any say now.
      Very much dought France will allow British companies to get anything substantial even if they are the best company for the job. Its France that has been driving to keep us out of this

      • To be fair Andy I have forgotten much of the EU stuff as we have out of that game for years.

        Defence was an area the EU stayed well clear of. Cooperation was done via NATO plus EU rules etc. did not apply to defence for any country.

        Whilst Starmer might be tipping his toes in EU cooperation much to the annoyance of many it is probably fair to say that we are not the only country to cooperate with the EU. I think Starmer may well dig himself a big hole if he starts to re-integrate the UK with the EU or indeed try and have us re-join.

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