We always said he was a great guy.
Actually, while his backing for a referendum is nice to have, the ludicrous combined-in-or-out-vote-plus-general-election fudge that he is proposing isn't really fair.
The Electoral Commission has warned the Government against holding a combined poll. It has said, “We believe that referendums on fundamental issues of national importance should be considered in isolation. Cross-party campaigning on a fundamental referendum could cause significant confusion amongst the electorate if combined with normal party election campaigning. There is a risk that the dominance of the referendum issue would influence other polls to an extent that may compromise the electorate's will in those other polls” (Electoral Commission policy statement, 19 July 2004)
When the Government introduced the bill for a referendum last time round (2005) it suggested that they were minded to hold a vote on the same day: Their Regulatory Impact Assessment on the European Union Bill, said “In general, combination would be expected to produce efficiency and cost savings.” (p.3)
The question the government proposed last time was “Should the United Kingdom approve the Treaty establishing a Constitution for the European Union?”
The Electoral Commission recommended a different question to that tabled by the Government. It said: “The commission believes that it is important to refer to the name of the treaty in the referendum question. The commission notes that the proposed question is a modification of the treaty title, rather than the exact title, which is a Treaty Establishing a Constitution for Europe” (Business, 6 February 2005).
Fun as Vaz's suggestion is, no-one serious is likely to support a bogus in-or-out vote.
Visit our new website.
Friday, August 31, 2007
Wednesday, August 29, 2007
Blunkett
Interesting stuff from David Blunkett in his column today:
"The Government has a long way to go in providing a proper answer to the demands for a referendum on the new European Union treaty. And Foreign Office ministers still need to give a decisive answer to accusations the treaty is not really any different to the EU Constitution that was rejected by the voters of France and Holland. What horrifies me is the growing demand from trade unions for a nationwide ballot."
"Not because they are against the treaty but because they think we have secured too many opt-outs on rights issues and matters of "social protection".
"But most important is the need to take an entirely new look at what we want from Europe. We need a different sort of EU - not one built on someone's vision of the 1950s but a vision of what Europe should be like well into the 21st Century."
"We need to be discussing the democratic politics of the future, but so often the argument is about our fears of the non-democratic Europe of the past."
"The Government has a long way to go in providing a proper answer to the demands for a referendum on the new European Union treaty. And Foreign Office ministers still need to give a decisive answer to accusations the treaty is not really any different to the EU Constitution that was rejected by the voters of France and Holland. What horrifies me is the growing demand from trade unions for a nationwide ballot."
"Not because they are against the treaty but because they think we have secured too many opt-outs on rights issues and matters of "social protection".
"But most important is the need to take an entirely new look at what we want from Europe. We need a different sort of EU - not one built on someone's vision of the 1950s but a vision of what Europe should be like well into the 21st Century."
"We need to be discussing the democratic politics of the future, but so often the argument is about our fears of the non-democratic Europe of the past."
Tuesday, August 28, 2007
vast piles of cash for the pro euro camp
There's now a temporary website for the "European Council on Foreign Relations".
Apparently George Soros is going to spend some of the vast pile of cash he took off every single person in Britain in 1992 on promoting a single EU Foreign Policy.
They are planning offices in "Berlin, Paris, London, Madrid, Rome and Warsaw as well as a presence in Brussels and the new member states." That can't be cheap.
You can bet that one of the first priorities for their cash-rich campaign will be to assist the passage of the constitutional treaty.
It will be run by Mark Leonard, inventor of "cool Britannia" and the author of "Why Europe Will Run the 21st Century" (which was launched, with brilliant comic timing, just before the "no" votes). Presumably it will compete with his former employer, the Centre for European Reform.
It sounds like the EU great and good will turn out in force to back it.
Apparently George Soros is going to spend some of the vast pile of cash he took off every single person in Britain in 1992 on promoting a single EU Foreign Policy.
They are planning offices in "Berlin, Paris, London, Madrid, Rome and Warsaw as well as a presence in Brussels and the new member states." That can't be cheap.
You can bet that one of the first priorities for their cash-rich campaign will be to assist the passage of the constitutional treaty.
It will be run by Mark Leonard, inventor of "cool Britannia" and the author of "Why Europe Will Run the 21st Century" (which was launched, with brilliant comic timing, just before the "no" votes). Presumably it will compete with his former employer, the Centre for European Reform.
It sounds like the EU great and good will turn out in force to back it.
the c word
Apparently at the lobby briefing this morning the PMOS was insisting that "our position on the Constitution has not changed".
Cue Michael Lea - "Constitution?"
Brown keeps doing it as well. The unwary observer might be left with the impression that a monumental con job was in progress. Of course that would be quite wrong...
Cue Michael Lea - "Constitution?"
Brown keeps doing it as well. The unwary observer might be left with the impression that a monumental con job was in progress. Of course that would be quite wrong...
Monday, August 27, 2007
Having your cake and eating it
In a piece on BBC online Labour’s leader in the European Parliament Gary Titley has admitted that the UK has not opted out of the Charter. But hang on - hasn't the Government just spent the last two months insisting that it has?
Titley: "The RMT is arguing that the UK has opted out of the Charter of Fundamental Rights. This is wrong. What we have done is made the wording clearer to show that the European Court should not make changes which alter or make the charter worse. "
Blair: "It is absolutely clear that we have an opt-out from both the charter and judicial and home affairs. " (Hansard, 25 June)
Titley also arrogantly claims that people “aren’t interested” in the new treaty … i.e. nothing to worry your pretty little heads about, etc.
Titley: "The RMT is arguing that the UK has opted out of the Charter of Fundamental Rights. This is wrong. What we have done is made the wording clearer to show that the European Court should not make changes which alter or make the charter worse. "
Blair: "It is absolutely clear that we have an opt-out from both the charter and judicial and home affairs. " (Hansard, 25 June)
Titley also arrogantly claims that people “aren’t interested” in the new treaty … i.e. nothing to worry your pretty little heads about, etc.
Labour of love
The Sun reports on growing pressure for a referendum within the Labour movement.
Apparently a bunch of Labour MPs have written to Brown saying that either he needs to radically change the treaty, or give us the vote we were promised: "reform or referendum" as they put it.
There is a leader too, arguing that, "with every other EU leader confessing that this is the old EU Constitution dressed up in a flimsy new wrapper, Mr Brown is risking much by breaking his own word to the British people."
Pretty clear stuff.
Apparently a bunch of Labour MPs have written to Brown saying that either he needs to radically change the treaty, or give us the vote we were promised: "reform or referendum" as they put it.
There is a leader too, arguing that, "with every other EU leader confessing that this is the old EU Constitution dressed up in a flimsy new wrapper, Mr Brown is risking much by breaking his own word to the British people."
Pretty clear stuff.
Friday, August 24, 2007
they don't get it
Hmmmm... someone at BBC Online doesn't like the trade unions campaigning for a referendum.
The GMB and RMT had joined the Tories and UKIP in demanding a vote by tabling motions for the TUC annual conference.
We didn't realise that the Tories and UKIP could table motions at the TUC. Maybe they changed the rules.
More seriously, some people at the BBC seem to find it difficult to accept that unions might want to reflect the views of their membership (the polls say 88% of their members want a referendum). No no - it can't be that they are taking a principled stand, or that they have legitimate concerns about the impact of the constituiton on the economy, or public services. Instead, let's just dismiss it by saying that they are "getting into bed" with the right wing.
Memo to BBC - must try harder.
The GMB and RMT had joined the Tories and UKIP in demanding a vote by tabling motions for the TUC annual conference.
We didn't realise that the Tories and UKIP could table motions at the TUC. Maybe they changed the rules.
More seriously, some people at the BBC seem to find it difficult to accept that unions might want to reflect the views of their membership (the polls say 88% of their members want a referendum). No no - it can't be that they are taking a principled stand, or that they have legitimate concerns about the impact of the constituiton on the economy, or public services. Instead, let's just dismiss it by saying that they are "getting into bed" with the right wing.
Memo to BBC - must try harder.
Friday, August 17, 2007
wikiscanner
Just having a first look through some results from the excellent "wikiscanner."
Someone from the European Commission has been editing the page on "byzantine bureaucracy".
Well, they would know...
Someone from the European Commission has been editing the page on "byzantine bureaucracy".
Well, they would know...
Wednesday, August 15, 2007
Green smokescreen
The leaked paper from UK officials suggesting ways for Britain to wriggle out of EU renewable energy commitments is now up on the Guardian website.
The beginning of the document has a fascinating insight into official concerns over the contradictions in EU climate change policy:
“If the EU has a 20% GHG [greenhouse gas] target for 2020, the GHG emissions savings achieved through the renewables risk making the EU ETS redundant, and prices to collapse. Given that the EU ETS is the EU’s main existing vehicle for delivering least cost reductions in GHG, and the basis on which the EU seeks to build a global carbon market to incentivise international action, this is a major risk.
Remedies to overcome this risk will be difficult to agree or ineffective. Expanding the scope of the EU ETS to include aviation emissions would not by itself create enough demand to overcome price collapse. Tightening EU ETS caps to reflect the renewables target imply taking EU wide emission reductions beyond the 20% GHG target which would be difficult to agree in the EU. Relying on later agreement to a 30% GHG target to rescue damage to the EU ETS is risky if 30% is not realised, and if not, clarity in 2009 or so this, would be very late for redesigning the ETS or renewables target in response.”
There is clearly little expectation that the ETS on its own will provide sufficient incentives for the massive investment in renewables necessary to reach the targets – which implies that renewable use will have to be enforced by other means, probably through subsidy or regulation. If this happens, the overall scarcity of carbon credits tradable in the ETS will decline, along with the price of carbon and any resulting incentive to reduce emissions through the ETS.
The paper goes on to say that UK officials have been actively lobbying the Commission to consider the “tensions” between the EU ETS and binding renewables targets – this is clearly a major concern in Whitehall.
The leaked paper illustrates perfectly just how far politicians have managed to botch EU climate change policy. They have essentially agreed to a series of mutually contradictory policies which may play well with the media in the short term, but ultimately undermine the end objective of reducing emissions.
As argued in our last post, there’s only so long politicians can maintain this charade of using ambitious-sounding gestures on the environment to their own advantage. Reality has to eventually kick in, meaning the front page of Monday’s Guardian is probably just the beginning of a long hangover the government will have to suffer for making commitments it can’t keep.
The beginning of the document has a fascinating insight into official concerns over the contradictions in EU climate change policy:
“If the EU has a 20% GHG [greenhouse gas] target for 2020, the GHG emissions savings achieved through the renewables risk making the EU ETS redundant, and prices to collapse. Given that the EU ETS is the EU’s main existing vehicle for delivering least cost reductions in GHG, and the basis on which the EU seeks to build a global carbon market to incentivise international action, this is a major risk.
Remedies to overcome this risk will be difficult to agree or ineffective. Expanding the scope of the EU ETS to include aviation emissions would not by itself create enough demand to overcome price collapse. Tightening EU ETS caps to reflect the renewables target imply taking EU wide emission reductions beyond the 20% GHG target which would be difficult to agree in the EU. Relying on later agreement to a 30% GHG target to rescue damage to the EU ETS is risky if 30% is not realised, and if not, clarity in 2009 or so this, would be very late for redesigning the ETS or renewables target in response.”
There is clearly little expectation that the ETS on its own will provide sufficient incentives for the massive investment in renewables necessary to reach the targets – which implies that renewable use will have to be enforced by other means, probably through subsidy or regulation. If this happens, the overall scarcity of carbon credits tradable in the ETS will decline, along with the price of carbon and any resulting incentive to reduce emissions through the ETS.
The paper goes on to say that UK officials have been actively lobbying the Commission to consider the “tensions” between the EU ETS and binding renewables targets – this is clearly a major concern in Whitehall.
The leaked paper illustrates perfectly just how far politicians have managed to botch EU climate change policy. They have essentially agreed to a series of mutually contradictory policies which may play well with the media in the short term, but ultimately undermine the end objective of reducing emissions.
As argued in our last post, there’s only so long politicians can maintain this charade of using ambitious-sounding gestures on the environment to their own advantage. Reality has to eventually kick in, meaning the front page of Monday’s Guardian is probably just the beginning of a long hangover the government will have to suffer for making commitments it can’t keep.
An environmental time bomb?
Interesting piece by Andrew Bounds on the FT blog today, which makes a strong argument suggesting the EU will at some point have to make tough decisions on the binding biofuel targets leaders signed up to at the EU summit in March. Indeed, although the 10% target for biofuel use was greeted with enthusiasm by some commentators when it was agreed to, the gloss is sure to come off as the full social and environmental implications of these commitments becomes clear.
First of all, as Bounds notes, whilst EU leaders basked in the positive headlines, hugely important details of the agreement were simply kicked into the long grass for negotiation at a later date. Production, transport and processing of biofuels in itself requires a lot of energy – it’s not yet clear whether this is to be taken account of in the overall targets.
Furthermore, the tide of opinion on biofuels now seems to be turning faster than politicians expected, as the negative effects begin to be felt – food price inflation is already hitting the poor in many parts of the world, whilst deforestation to clear land for biofuel production is booming – especially in South East Asia.
Deforestation (which often involves clearance by burning) is, in environmental terms, a really big deal – despite being frequently overlooked, it is a major contributor to global warming – accounting for perhaps 20-25% of total of carbon emissions, which is more than the total from all vehicles, airplanes and ships. It is also leading to immense pressure on endangered species, such as Orang-Utangs.
The other major strand of EU policy that will feed into this debate is the effect the Emissions Trading Scheme will have. Open Europe’s recent report looks at many of the major environmental concerns associated with emissions trading, in particular the ‘import’ of vast numbers of ‘Kyoto credits’ (which act as a giant system of carbon offsets) into European carbon markets.
Reuters has a fascinating report describing how the demand for credits (which mostly comes from the EU ETS) actually creates “perverse incentives” for deforestation through encouraging project developers to fell rainforest, and then replant it in order to generate credits. These credits are then used by European firms to avoid having to reduce their own carbon emissions.
As we have long argued, EU environmental policy is often badly thought out and riddled with unintended, damaging consequences. All this makes us wonder whether the EU is sitting on an ‘environmental time bomb.’ At some point, the bubble of ambitious-sounding rhetorical green commitments will have to burst as the reality of flawed policy sets in.
First of all, as Bounds notes, whilst EU leaders basked in the positive headlines, hugely important details of the agreement were simply kicked into the long grass for negotiation at a later date. Production, transport and processing of biofuels in itself requires a lot of energy – it’s not yet clear whether this is to be taken account of in the overall targets.
Furthermore, the tide of opinion on biofuels now seems to be turning faster than politicians expected, as the negative effects begin to be felt – food price inflation is already hitting the poor in many parts of the world, whilst deforestation to clear land for biofuel production is booming – especially in South East Asia.
Deforestation (which often involves clearance by burning) is, in environmental terms, a really big deal – despite being frequently overlooked, it is a major contributor to global warming – accounting for perhaps 20-25% of total of carbon emissions, which is more than the total from all vehicles, airplanes and ships. It is also leading to immense pressure on endangered species, such as Orang-Utangs.
The other major strand of EU policy that will feed into this debate is the effect the Emissions Trading Scheme will have. Open Europe’s recent report looks at many of the major environmental concerns associated with emissions trading, in particular the ‘import’ of vast numbers of ‘Kyoto credits’ (which act as a giant system of carbon offsets) into European carbon markets.
Reuters has a fascinating report describing how the demand for credits (which mostly comes from the EU ETS) actually creates “perverse incentives” for deforestation through encouraging project developers to fell rainforest, and then replant it in order to generate credits. These credits are then used by European firms to avoid having to reduce their own carbon emissions.
As we have long argued, EU environmental policy is often badly thought out and riddled with unintended, damaging consequences. All this makes us wonder whether the EU is sitting on an ‘environmental time bomb.’ At some point, the bubble of ambitious-sounding rhetorical green commitments will have to burst as the reality of flawed policy sets in.
Monday, August 06, 2007
Freudian slip
A couple of weeks ago Gordon Brown accidentally talked at a press conference about how he had discussed "the Constitution" with the Irish PM.
But he isn't the only one making that Freudian slip. It turns out that the Portuguese presidency of the EU have also left in a couple of references to "the Constitution" in the new text of theConstitution "Reform Treaty".
Article 4 of the "new" treaty (a.k.a. Article I-14 of the Constitution) states that "The Union shall share competence with the Member States where the Constitution confers on it a competence which does not relate to the areas referred to in Articles [I-13 and 17].
Article 188c(6) of the "new treaty (a.ka. article III-315 of the Constitution) states that: "The exercise of the competences conferred by this Article in the field of the common commercial policy shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States insofar as the Constitution excludes such harmonisation."
Ooops.
God knows how a reference to the rejected Constitution slipped into this totally-spanking-new, never-seen-before, amending-institutional-mini-reform treaty. We blame the eurosceptics.
But he isn't the only one making that Freudian slip. It turns out that the Portuguese presidency of the EU have also left in a couple of references to "the Constitution" in the new text of the
Article 4 of the "new" treaty (a.k.a. Article I-14 of the Constitution) states that "The Union shall share competence with the Member States where the Constitution confers on it a competence which does not relate to the areas referred to in Articles [I-13 and 17].
Article 188c(6) of the "new treaty (a.ka. article III-315 of the Constitution) states that: "The exercise of the competences conferred by this Article in the field of the common commercial policy shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States insofar as the Constitution excludes such harmonisation."
Ooops.
God knows how a reference to the rejected Constitution slipped into this totally-spanking-new, never-seen-before, amending-institutional-mini-reform treaty. We blame the eurosceptics.
Wednesday, August 01, 2007
Miow
Richard Corbett writes that:
Shame that a couple of Labour MPs, who lost their ministerial jobs several years ago and are no doubt disappointed at not returning to ministerial office under Gordon Brown, have sought to embarrass him by calling for a referendum on the proposed EU Reform Treaty.
They made their calls in the Eurosceptic Tory press (Frank Field in the Sun and Gisela Stuart in the Sunday Telegraph), knowing that, there at least, they would obtain a headline or two. I somehow doubt Gordon will be impressed by such disloyal tactics, but there is always a danger that it might influence the odd party member, especially if they believe the nonsense that they wrote on the subject, which could well have been drafted for them by Bill Cash or UKIP.
Oooh, nasty. He goes on to say:
Frank Field even tells the outright lie that the new treaty would mean Britain giving up its seat at the UN Security Council.
Obviously, the constitutional treaty would not immediately mean "giving up our seat at the UN." But in fairness to Frank Field, in his piece he appears to be predicting that this will eventually happen, rather than saying that it will immediately happen:
It is true that in the first instance the European Foreign Secretary will be given a different title. But titles, to quote the Spanish Foreign Minister again, will be part of the wrapping. This decisive shift in power will all too quickly be followed by the EU taking Britain's seat at the UN Security Council.
And there certainly is a real problem for the Government here. The new version of the constitutional treaty states that:
"When the Union has defined a position on a subject which is on the United Nations Security Council agenda, those Member States which sit on the Security Council shall request that the High Representative be asked to present the Union's position."
Initially the UK Government (represented by Peter Hain) put down an amendment in the European Convention saying that this whole paragraph should be struck out.
Peter Hain wrote: "The UK cannot accept any language which implies that it would not retain the right to speak in a national capacity on the UN Security Council."
This was ignored, and so the UK then fell back to saying that it had to at least be changed, in order to remove the minister's seemingly automatic right to speak. In a second amendment the UK proposed a change to say that the Minister could only request to speak on its behalf.
"When the Security Council holds a meeting at which non-members of the Council are permitted to speak, and when the Union has defined a common position on a the subject of the meeting,which is on the United Nations Security Council agenda, those Member States which sit on the Security Council shall request that the Minister for Foreign Affairs may request an opportunity be asked to present the Union's position."
But again this was ignored. This automatic right to speak on issues where the Union has a common position is more significant given the simultaneous introduction of majority voting into so many areas of foreign policy in the new text.
Overall, it's pretty obvious that the Government would have preferred not to see this new power. But nonetheless, they have decided to go quietly, and avoided kicking up a fuss. Perhaps Richard Corbett will post a reply and tell us why? (Or turn on comments on his own blog?)
Shame that a couple of Labour MPs, who lost their ministerial jobs several years ago and are no doubt disappointed at not returning to ministerial office under Gordon Brown, have sought to embarrass him by calling for a referendum on the proposed EU Reform Treaty.
They made their calls in the Eurosceptic Tory press (Frank Field in the Sun and Gisela Stuart in the Sunday Telegraph), knowing that, there at least, they would obtain a headline or two. I somehow doubt Gordon will be impressed by such disloyal tactics, but there is always a danger that it might influence the odd party member, especially if they believe the nonsense that they wrote on the subject, which could well have been drafted for them by Bill Cash or UKIP.
Oooh, nasty. He goes on to say:
Frank Field even tells the outright lie that the new treaty would mean Britain giving up its seat at the UN Security Council.
Obviously, the constitutional treaty would not immediately mean "giving up our seat at the UN." But in fairness to Frank Field, in his piece he appears to be predicting that this will eventually happen, rather than saying that it will immediately happen:
It is true that in the first instance the European Foreign Secretary will be given a different title. But titles, to quote the Spanish Foreign Minister again, will be part of the wrapping. This decisive shift in power will all too quickly be followed by the EU taking Britain's seat at the UN Security Council.
And there certainly is a real problem for the Government here. The new version of the constitutional treaty states that:
"When the Union has defined a position on a subject which is on the United Nations Security Council agenda, those Member States which sit on the Security Council shall request that the High Representative be asked to present the Union's position."
Initially the UK Government (represented by Peter Hain) put down an amendment in the European Convention saying that this whole paragraph should be struck out.
Peter Hain wrote: "The UK cannot accept any language which implies that it would not retain the right to speak in a national capacity on the UN Security Council."
This was ignored, and so the UK then fell back to saying that it had to at least be changed, in order to remove the minister's seemingly automatic right to speak. In a second amendment the UK proposed a change to say that the Minister could only request to speak on its behalf.
"When the Security Council holds a meeting at which non-members of the Council are permitted to speak, and when the Union has defined a common position on a the subject of the meeting,
But again this was ignored. This automatic right to speak on issues where the Union has a common position is more significant given the simultaneous introduction of majority voting into so many areas of foreign policy in the new text.
Overall, it's pretty obvious that the Government would have preferred not to see this new power. But nonetheless, they have decided to go quietly, and avoided kicking up a fuss. Perhaps Richard Corbett will post a reply and tell us why? (Or turn on comments on his own blog?)
Wednesday, July 18, 2007
Only nationalist loons want a referendum
Great mad stuff from the CER's blog. It's bylined by Hugo Brady, who is a nice chap, and very bright. But the contents are barking.
"In the past, well meaning pro-Europeans and commentators have also called for a referendum in Britain on the EU, as a way of challenging the orthodoxies of the British European debate. This is wrong-headed. Yes, Gordon Brown should encourage passionate debate on Britain’s interests in Europe. But if he fails to stand firm against calls for a referendum, he risks opening a Pandora's box of obfuscation and media-fed nationalism, as well as handing a platform to fringe political forces from across the UK."
Ah yes: "Nationalist" extremists like those guys at The Economist. Hysterical "fringe" eurosceptics like, er... Jacques Delors. Dangerous people who should be denied a "platform" like Simon Jenkins at the Guardian.
Also - in fairness, it is only a majority of people in every single member state that want a referendum. The fact that 80%-90% of every social/employment group, every age group, in every region, including the voters of all the main parties, want a referendum, clearly shows that it's only nutters who want a vote.
No - you're right - its just a bunch of extremists who want a referendum...
"In the past, well meaning pro-Europeans and commentators have also called for a referendum in Britain on the EU, as a way of challenging the orthodoxies of the British European debate. This is wrong-headed. Yes, Gordon Brown should encourage passionate debate on Britain’s interests in Europe. But if he fails to stand firm against calls for a referendum, he risks opening a Pandora's box of obfuscation and media-fed nationalism, as well as handing a platform to fringe political forces from across the UK."
Ah yes: "Nationalist" extremists like those guys at The Economist. Hysterical "fringe" eurosceptics like, er... Jacques Delors. Dangerous people who should be denied a "platform" like Simon Jenkins at the Guardian.
Also - in fairness, it is only a majority of people in every single member state that want a referendum. The fact that 80%-90% of every social/employment group, every age group, in every region, including the voters of all the main parties, want a referendum, clearly shows that it's only nutters who want a vote.
No - you're right - its just a bunch of extremists who want a referendum...
Tuesday, July 17, 2007
Tories in policy shock
Blimey - this from Theresa May, talking about reforming the European Scrutiny Committee in the Commons:
"I believe that the Scrutiny Reserve should be put on a statutory basis, so that ministers are required to come before the Scrutiny Committee before negotiations at the European Council. It would therefore be impossible to override it. Ministers should have to set out their negotiating positions to the Committee, and gain its approval.
"It makes sense for this to be conducted in private, so that ministers are not put at a disadvantage in Council negotiations. The minutes of these meetings could then be made public after the negotiations are complete. This would work along similar lines to the Danish model, although the committee would need to recognise that there would be occasions on which ministers would need to be given a degree of flexibility."
It reads like they actually mean "council of ministers" rather than "European Council". If so it would reflect something that we have been arguing for (which you can find here)
It would actually give the Committeee some meaniungful power for the first time ever. It sounds boring and dry but it would actually make a huge difference - it would let parliament stop the Government from signing up to EU legislation. For example Danish ministers sometimes send text messages back to their parliament to ask if its OK for them to sign up to a particular proposal. Europhiles won't like this much. But its a really good idea.
"I believe that the Scrutiny Reserve should be put on a statutory basis, so that ministers are required to come before the Scrutiny Committee before negotiations at the European Council. It would therefore be impossible to override it. Ministers should have to set out their negotiating positions to the Committee, and gain its approval.
"It makes sense for this to be conducted in private, so that ministers are not put at a disadvantage in Council negotiations. The minutes of these meetings could then be made public after the negotiations are complete. This would work along similar lines to the Danish model, although the committee would need to recognise that there would be occasions on which ministers would need to be given a degree of flexibility."
It reads like they actually mean "council of ministers" rather than "European Council". If so it would reflect something that we have been arguing for (which you can find here)
It would actually give the Committeee some meaniungful power for the first time ever. It sounds boring and dry but it would actually make a huge difference - it would let parliament stop the Government from signing up to EU legislation. For example Danish ministers sometimes send text messages back to their parliament to ask if its OK for them to sign up to a particular proposal. Europhiles won't like this much. But its a really good idea.
Friday, July 13, 2007
Loathsome smugness
The pro-euro camp are all busy congratulating themselves about having fooled the public by changing the name of the constitution.
At a meeting of the Centre for European Reform yesterday EU officials discussed their strategy for adopting the EU Constitution without a referendum.
Former Italian PM Giuliano Amato said, “They decided that the document should be unreadable. If it is unreadable, it is not constitutional, that was the sort of perception. Where they got this perception from is a mystery to me. In order to make our citizens happy, to produce a document that they will never understand! But, there is some truth [in it]. Because if this is the kind of document that the IGC will produce, any Prime Minister – imagine the UK Prime Minister - can go to the Commons and say ‘look, you see, it’s absolutely unreadable, it’s the typical Brussels treaty, nothing new, no need for a referendum.’ Should you succeed in understanding it at first sight there might be some reason for a referendum, because it would mean that there is something new.”
You can listen to them all chortling about how terribly clever they are on this clip. There is a quite lot of this kind of gloating going on in the pro-euro camp at the moment. But unfortunately for them, calls for a referendum are not going to go away...
At a meeting of the Centre for European Reform yesterday EU officials discussed their strategy for adopting the EU Constitution without a referendum.
Former Italian PM Giuliano Amato said, “They decided that the document should be unreadable. If it is unreadable, it is not constitutional, that was the sort of perception. Where they got this perception from is a mystery to me. In order to make our citizens happy, to produce a document that they will never understand! But, there is some truth [in it]. Because if this is the kind of document that the IGC will produce, any Prime Minister – imagine the UK Prime Minister - can go to the Commons and say ‘look, you see, it’s absolutely unreadable, it’s the typical Brussels treaty, nothing new, no need for a referendum.’ Should you succeed in understanding it at first sight there might be some reason for a referendum, because it would mean that there is something new.”
You can listen to them all chortling about how terribly clever they are on this clip. There is a quite lot of this kind of gloating going on in the pro-euro camp at the moment. But unfortunately for them, calls for a referendum are not going to go away...
Thursday, July 12, 2007
Lie watch
Jim Murphy told a whopper while being interviewed by the Lords European Union Committee this morning.
Asked about leaked legal advice for the European Scrutiny Committee which warned that the UK's "safeguards" on the Charter of Fundamental Rights would not work, he said that the advice had been written before the agreement on the new version of the constitution:
He said, “the advice given to the Commons Scrutiny Committee was on the previous Constitutional Treaty and was offered before the new treaty was agreed”
He said the advice was “an accurate assessment of the old Constitutional Treaty, but not the new treaty”
Actually, no. It was written after the agreement, and is quite specific to the new version.
Let's see if we can get a response out of Murphy on this.
Asked about leaked legal advice for the European Scrutiny Committee which warned that the UK's "safeguards" on the Charter of Fundamental Rights would not work, he said that the advice had been written before the agreement on the new version of the constitution:
He said, “the advice given to the Commons Scrutiny Committee was on the previous Constitutional Treaty and was offered before the new treaty was agreed”
He said the advice was “an accurate assessment of the old Constitutional Treaty, but not the new treaty”
Actually, no. It was written after the agreement, and is quite specific to the new version.
Let's see if we can get a response out of Murphy on this.
Wednesday, July 11, 2007
Barroso on EU empire
Barroso's comments describing the EU as an "empire" are up on You Tube. Link here.
Monday, July 09, 2007
More hot air from the Commission
The latest from the FT on EU climate change policy:
“The fight against climate change could soon be carried into the wardrobes of the European Commission’s 11,700 male bureaucrats, as the Brussels body ponders whether to crack down on neckties during the summer months. Senior commissioners hope that tie-less officials will tolerate greater levels of heat during July and August and so, in turn, reduce the need for air-conditioning in the Commission’s 64 office buildings across Brussels.
According to a note circulated by Charlie McCreevy, the internal market commissioner, this approach has been pioneered in Japan. Mr McCreevy, who has just returned from an official visit to east Asia, wrote to his fellow commissioners late last month saying: “I noted in Japan that Prime Minister [Shinzo] Abe has given the lead in telling his ministers and civil servants not to wear ties in summertime. This allows office temperatures to be set higher and so cut down on energy use for cooling of offices…
…McCreevy argues that Brussels should examine similar steps “as a potential contribution from the Commission to reduce global warming.. The Commission estimates that its buildings emit 56,000 tonnes of carbon dioxide every year. It believes that reducing the cooling or heating of room temperatures by just 1°C would cut emissions by 10 per cent.”
As an aside, in 2006 alone China built about 92 gigawatts of new coal-fired power generation capacity, more than the entire fleet of generating plants in the United Kingdom, adding 500 millions tons of carbon dioxide (equivalent to 5% of the world total) to the country's annual emissions.
The Commission’s latest “contribution” to fighting climate change is self evidently meaningless – which makes it all the more surprising that much of the media does not scrutinize more carefully the EU’s record on this score and still continues to run stories like this, whilst often buying into the intellectually lazy assertion that Brussels needs ‘more power’ in order to fight global warming. This has inevitably become entwined in the debate over the new EU treaty – which we are told should be seen as an essential part of this green package.
As we’ve argued many times previously, the EU has not been good news for the environment, particularly given the Union’s flagship policy in curbing greenhouse gas emissions, the Emissions Trading Scheme (ETS), has been, and will continue to be a total failure.
So it is not at all clear what possible good EU treaty change could do for the environment. The EU doesn’t need any more powers to fight climate change (it already has plenty in that respect). It simply needs the political will to develop policies that actually work – and that will mean far more than a change in the office dress code.
“The fight against climate change could soon be carried into the wardrobes of the European Commission’s 11,700 male bureaucrats, as the Brussels body ponders whether to crack down on neckties during the summer months. Senior commissioners hope that tie-less officials will tolerate greater levels of heat during July and August and so, in turn, reduce the need for air-conditioning in the Commission’s 64 office buildings across Brussels.
According to a note circulated by Charlie McCreevy, the internal market commissioner, this approach has been pioneered in Japan. Mr McCreevy, who has just returned from an official visit to east Asia, wrote to his fellow commissioners late last month saying: “I noted in Japan that Prime Minister [Shinzo] Abe has given the lead in telling his ministers and civil servants not to wear ties in summertime. This allows office temperatures to be set higher and so cut down on energy use for cooling of offices…
…McCreevy argues that Brussels should examine similar steps “as a potential contribution from the Commission to reduce global warming.. The Commission estimates that its buildings emit 56,000 tonnes of carbon dioxide every year. It believes that reducing the cooling or heating of room temperatures by just 1°C would cut emissions by 10 per cent.”
As an aside, in 2006 alone China built about 92 gigawatts of new coal-fired power generation capacity, more than the entire fleet of generating plants in the United Kingdom, adding 500 millions tons of carbon dioxide (equivalent to 5% of the world total) to the country's annual emissions.
The Commission’s latest “contribution” to fighting climate change is self evidently meaningless – which makes it all the more surprising that much of the media does not scrutinize more carefully the EU’s record on this score and still continues to run stories like this, whilst often buying into the intellectually lazy assertion that Brussels needs ‘more power’ in order to fight global warming. This has inevitably become entwined in the debate over the new EU treaty – which we are told should be seen as an essential part of this green package.
As we’ve argued many times previously, the EU has not been good news for the environment, particularly given the Union’s flagship policy in curbing greenhouse gas emissions, the Emissions Trading Scheme (ETS), has been, and will continue to be a total failure.
So it is not at all clear what possible good EU treaty change could do for the environment. The EU doesn’t need any more powers to fight climate change (it already has plenty in that respect). It simply needs the political will to develop policies that actually work – and that will mean far more than a change in the office dress code.
Thursday, July 05, 2007
Blears calls for voters to have a say on “big choices”
In today's Guardian Communities Secreatary Hazel Blears says that voters should be given a say on “big choices". The Guardian reports that Communities Secretary Hazel Blears has announced that the Government needs to let the public vote on “big choices”.
She said “I think the world has changed. I think voting every four years and basically handing over responsibility and power to other people and then doing nothing again for four years, I think our democracy is not like that any more... My overriding belief is that people are capable of making quite complex difficult decisions, setting priorities, doing trade-offs if they are given the opportunity to do it. I have never believed in a paternalistic society that tells people what is good for them.”
Just as Gordon Brown’s new willingness to “listen and learn” does not sit well with his attempts to avoid a referendum, Blears’ drive to include people more in “big choices” will add to the pressure to let people have a say on the revised Constitutional Treaty.
Anti-referendum MPs have long argued that EU treaties are too complicated for ordinary people to understand and therefore any decision should be left to them, but Blears has blown that out of the water. Her “overriding belief is that people are capable of making quite complex difficult decisions”. In the coming months it is going to be increasingly difficult for the Government to explain why people should be allowed to vote on certain “big choices”, but not on the future of the European Union.
She said “I think the world has changed. I think voting every four years and basically handing over responsibility and power to other people and then doing nothing again for four years, I think our democracy is not like that any more... My overriding belief is that people are capable of making quite complex difficult decisions, setting priorities, doing trade-offs if they are given the opportunity to do it. I have never believed in a paternalistic society that tells people what is good for them.”
Just as Gordon Brown’s new willingness to “listen and learn” does not sit well with his attempts to avoid a referendum, Blears’ drive to include people more in “big choices” will add to the pressure to let people have a say on the revised Constitutional Treaty.
Anti-referendum MPs have long argued that EU treaties are too complicated for ordinary people to understand and therefore any decision should be left to them, but Blears has blown that out of the water. Her “overriding belief is that people are capable of making quite complex difficult decisions”. In the coming months it is going to be increasingly difficult for the Government to explain why people should be allowed to vote on certain “big choices”, but not on the future of the European Union.
Wednesday, July 04, 2007
Europe minster grilled on the charter
Jim Murphy, the new Europe Minster, made his first appearance at the European Scrutiny Committee today. The general consensus that it wasn't too impressive. To be fair to him, the issues he was discussing - such as the revised Constitutional Treaty - are pretty complicated. But we would have expected him to have got his officials to brief him thoroughly on the really tricky points - such as the Charter - especially as the legal advice to the committee was leaked to the Telegraph.
After negotiating the new EU Constitutional Treaty Tony Blair told parliament that “Nothing in the Charter creates justiciable rights applicable to the United Kingdom.”
But the MPs on the scrutiny committee weren't convinced. They pointed out that the text of the UK's opt-out reads: “nothing in [Title IV] of the Charter creates justiciable rights applicable in the United Kingdom.”
They asked Murphy whether this meant that everything else in the Charter was justiciable in the UK? Murphy failed to answer the question.
He struggled to explain the meaning of the opt-out and failed to back up Blair’s argument that this will not be justiciable in the UK. He could only say that the Charter “doesn’t create any new rights.” He was asked over 10 times by MPs to give a straight answer “yes or no” to the question but he failed to do so –much to their irritation. Instead he repeated that “the legal advice that we have had is that this charter brings in no new rights.”
Jim Murphy’s failure to answer this question on the Charter only strengthens the growing consensus that the UK opt-out is not worth the paper it is written on. Jacques Ziller, a professor at the European University Institute in Florence, has said that the idea of one country opting out of the charter was “nonsense” and would quickly be challenged in the courts. The Guardian has reported that, former EU Justice Commissioner Antonio Vitorino has questioned the legal basis for the British opt-out and the Commission’s legal experts expect that the British opt-out will be tested in the courts.
Murphy's case wasn't helped by the fact that he was forced to defend Margaret Beckett's lie that there had not been any negotiations on the treaty until a couple of days before the summit.
He made a distinction between "discussions" and "negotiations". When it was pointed out that Government advisers had begun work on the treaty back in January he claimed that “There’s a difference between negotiation and conversation”. He argued that because no draft was on the table back then they were not negotiations.
The advisers - he said - were simply asked to "explain the UK's concerns and priorities" for the new treaty. Seemingly contradicting Beckett's definition of negotiations:
"To my mind the process of actual negotiation begins when you are invited to set out your core demands."
The MPs were not happy. Even the Labour chairman Michael Connarty - sensing he was being "had" - began ripping into him . Not the best debut performance we've ever seen.
After negotiating the new EU Constitutional Treaty Tony Blair told parliament that “Nothing in the Charter creates justiciable rights applicable to the United Kingdom.”
But the MPs on the scrutiny committee weren't convinced. They pointed out that the text of the UK's opt-out reads: “nothing in [Title IV] of the Charter creates justiciable rights applicable in the United Kingdom.”
They asked Murphy whether this meant that everything else in the Charter was justiciable in the UK? Murphy failed to answer the question.
He struggled to explain the meaning of the opt-out and failed to back up Blair’s argument that this will not be justiciable in the UK. He could only say that the Charter “doesn’t create any new rights.” He was asked over 10 times by MPs to give a straight answer “yes or no” to the question but he failed to do so –much to their irritation. Instead he repeated that “the legal advice that we have had is that this charter brings in no new rights.”
Jim Murphy’s failure to answer this question on the Charter only strengthens the growing consensus that the UK opt-out is not worth the paper it is written on. Jacques Ziller, a professor at the European University Institute in Florence, has said that the idea of one country opting out of the charter was “nonsense” and would quickly be challenged in the courts. The Guardian has reported that, former EU Justice Commissioner Antonio Vitorino has questioned the legal basis for the British opt-out and the Commission’s legal experts expect that the British opt-out will be tested in the courts.
Murphy's case wasn't helped by the fact that he was forced to defend Margaret Beckett's lie that there had not been any negotiations on the treaty until a couple of days before the summit.
He made a distinction between "discussions" and "negotiations". When it was pointed out that Government advisers had begun work on the treaty back in January he claimed that “There’s a difference between negotiation and conversation”. He argued that because no draft was on the table back then they were not negotiations.
The advisers - he said - were simply asked to "explain the UK's concerns and priorities" for the new treaty. Seemingly contradicting Beckett's definition of negotiations:
"To my mind the process of actual negotiation begins when you are invited to set out your core demands."
The MPs were not happy. Even the Labour chairman Michael Connarty - sensing he was being "had" - began ripping into him . Not the best debut performance we've ever seen.
Thursday, June 28, 2007
Hewitt to chair Europe "manifesto committee"
Interesting snippet in this morning's Telegraph. Patricia Hewitt is leaving the Department of Health to chair a "manifesto committee" developing policy on Europe. A sign - according to the article - that Brown "may opt for an early general election." Its certainly true that the Labour Party does need to do some serious thinking on the EU.
Or could it be that Brown is preparing in case he has to back down and call a referendum? Back in 2005 Hewitt was widely tipped to become "referendum minister" (in the end the job was downgraded to Europe Minister and handed to Douglas Alexander).
Some of our readers might remember that her first move was to brief the press that she would launch the Yes campaign on VE day. It wasn't her finest moment, the Sun responded by mocking up a picture of Tony Blair doing a two-fingered salute to the Union Flag.
If Hewitt goes about her new job in the same style we might be in for some interesting times ahead...
Or could it be that Brown is preparing in case he has to back down and call a referendum? Back in 2005 Hewitt was widely tipped to become "referendum minister" (in the end the job was downgraded to Europe Minister and handed to Douglas Alexander).
Some of our readers might remember that her first move was to brief the press that she would launch the Yes campaign on VE day. It wasn't her finest moment, the Sun responded by mocking up a picture of Tony Blair doing a two-fingered salute to the Union Flag.
If Hewitt goes about her new job in the same style we might be in for some interesting times ahead...
Tuesday, June 26, 2007
The Blair fisk Project part 1
Tony Blair in Parliament yesterday: Our comments in bold.
Before the European Council, I made it clear that the concept of a constitutional treaty for Europe had to be abandoned and that we should agree instead a conventional amending treaty like the Nice, Amsterdam and Maastricht treaties and the Single European Act. I also made it clear that the UK had four central demands which had to be met. First, on the charter of fundamental rights, we secured a legally binding protocol, specific to the UK, and applicable both to the British courts and to the European Court of Justice. Let me read the terms.
"the Charter does not extend the ability of the Court of Justice, or any court or tribunal of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that the Charter reaffirms. In particular, and for the avoidance of doubt, nothing inthe Charter creates justiciable rights applicable to the United Kingdom except in so far as the United Kingdom has provided for such rights in its national law.”
However it looks like the UK's "safeguards" on the charter are already unravelling. A leaked analysis from Parliament’s legal expert looks at the claim by Tony Blair that the Charter of Fundamental Rights will not extend the ability of the European Court of Justice to challenge UK laws. It said: "This is a high standard to set, and I doubt if what appears to have been agreed secures this result."
The Guardian reports that former Justice Commissioner Antonio Vitorino has questioned the legal basis for the British opt-out from the Charter of Fundamental Rights, negotiated by Tony Blair at the EU summit. According to the article, the Commission’s legal experts take the same view, and expect the British opt-out eventually to be tested in the courts.
Jacques Ziller, a professor at the European University Institute in Florence, said that the idea of one country opting out of the charter was “nonsense” and would quickly be challenged in the courts. (European Voice, 31 May 2007)
Firms operating in more than one member state would clearly be affected. Migrants coming from another member state to the UK would presumably still be covered. And anyone who travelled to another EU country – e.g. to use health services – would still be able to use the Charter.
It is also curiously worded. It singles out part of the Charter (Title IV), but not all of it to say that it does not create justiciable rights applicable to the United Kingdom “except in so far as the United Kingdom has provided for such rights in its national law.” This itself begs the question – as it will be the European Court of Justice that has do decide fro itself whether the United Kingdom has provided for such rights in its national law.
The Government has potentially created a lawyers paradise with this messy fudge. It has clearly broken its repeated promise that the Charter would not become legally binding.
In respect of our criminal law system and police and judicial processes, we obtained an extension of the opt-in rights that we secured in an earlier treaty on migration, asylum and immigration issues. This means that we have the sovereign right to opt in on individual measures, where we consider it would be in the British interest to do so, but also to stay out, if we want to. It is precisely the pick and choose policy often advocated. It gives us complete freedom to protect our common law system, but it also allows us to participate in areas where co-operation advances British interests. In asylum and immigration, for example, we have opted in on measures dealing with illegal immigration, and in measures allowing us to return asylum seekers to other European countries—both unquestionably in Britain’s interests. But it will be within our exclusive power to decide on a case-by-case basis, which is exactly what we wanted.
This does not mention the one of the single biggest things the UK has given way of -Giving the European Court of Justice full jurisdiction over justice and policing. This clearly breaches previous promises from which is clearly a crossing of this red line. The Government themselves admitted that it was a big transfer of national sovereignty:
"The Government does not accept that we should agree to extend full ECJ jurisdiction over the very sensitive areas covered by the Third Pillar. These raise sensitive issues relating to national sovereignty — law and order and the criminal justice process.
"An acceptance of extended jurisdiction would have to be on a "once and for all" basis. This would be a significant extension of the ECJ's legal responsibilities. In any event, there is already some scope for the review or interpretation of Third Pillar measures by the ECJ, at the suit of the Commission or the Member States, pursuant to Article 35(6) and (7) TEU."
This is a really big deal. Giving the Court competence is an even bigger transfer of power than giving up the veto. At least if there is a majority vote we can try to get other countries to support us and block things we don't like. But if the court makes a judgement we don't like there is simply no comeback.
No one knows for sure what EU judges might do with their new powers.
On the Today programme on 14 June 2006, BBC Europe Editor Mark Mardell reported that if criminal justice was transferred to the first pillar: “A Commission spokesman was telling me, well we’d want to look at things like Belmarsh, can you hold foreign suspects indefinitely? The Commission don’t like it so Britain could get hammered.”
The Government also previously admitted that it would mean many more costly appeals in immigration cases:
“The Minister informed us that the UK had chosen not to opt in to the Commission's proposal (Q 28). While he acknowledged that there could be a benefit for parties faced with genuinely difficult questions of interpretation of EC law, "there is clearly a risk that adding what is in effect an avenue of appeal at a very early stage in the process might be an opportunity of further complicating our existing asylum and immigration processes" (Q 28).
Before the European Council, I made it clear that the concept of a constitutional treaty for Europe had to be abandoned and that we should agree instead a conventional amending treaty like the Nice, Amsterdam and Maastricht treaties and the Single European Act. I also made it clear that the UK had four central demands which had to be met. First, on the charter of fundamental rights, we secured a legally binding protocol, specific to the UK, and applicable both to the British courts and to the European Court of Justice. Let me read the terms.
"the Charter does not extend the ability of the Court of Justice, or any court or tribunal of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that the Charter reaffirms. In particular, and for the avoidance of doubt, nothing inthe Charter creates justiciable rights applicable to the United Kingdom except in so far as the United Kingdom has provided for such rights in its national law.”
However it looks like the UK's "safeguards" on the charter are already unravelling. A leaked analysis from Parliament’s legal expert looks at the claim by Tony Blair that the Charter of Fundamental Rights will not extend the ability of the European Court of Justice to challenge UK laws. It said: "This is a high standard to set, and I doubt if what appears to have been agreed secures this result."
The Guardian reports that former Justice Commissioner Antonio Vitorino has questioned the legal basis for the British opt-out from the Charter of Fundamental Rights, negotiated by Tony Blair at the EU summit. According to the article, the Commission’s legal experts take the same view, and expect the British opt-out eventually to be tested in the courts.
Jacques Ziller, a professor at the European University Institute in Florence, said that the idea of one country opting out of the charter was “nonsense” and would quickly be challenged in the courts. (European Voice, 31 May 2007)
Firms operating in more than one member state would clearly be affected. Migrants coming from another member state to the UK would presumably still be covered. And anyone who travelled to another EU country – e.g. to use health services – would still be able to use the Charter.
It is also curiously worded. It singles out part of the Charter (Title IV), but not all of it to say that it does not create justiciable rights applicable to the United Kingdom “except in so far as the United Kingdom has provided for such rights in its national law.” This itself begs the question – as it will be the European Court of Justice that has do decide fro itself whether the United Kingdom has provided for such rights in its national law.
The Government has potentially created a lawyers paradise with this messy fudge. It has clearly broken its repeated promise that the Charter would not become legally binding.
In respect of our criminal law system and police and judicial processes, we obtained an extension of the opt-in rights that we secured in an earlier treaty on migration, asylum and immigration issues. This means that we have the sovereign right to opt in on individual measures, where we consider it would be in the British interest to do so, but also to stay out, if we want to. It is precisely the pick and choose policy often advocated. It gives us complete freedom to protect our common law system, but it also allows us to participate in areas where co-operation advances British interests. In asylum and immigration, for example, we have opted in on measures dealing with illegal immigration, and in measures allowing us to return asylum seekers to other European countries—both unquestionably in Britain’s interests. But it will be within our exclusive power to decide on a case-by-case basis, which is exactly what we wanted.
This does not mention the one of the single biggest things the UK has given way of -Giving the European Court of Justice full jurisdiction over justice and policing. This clearly breaches previous promises from which is clearly a crossing of this red line. The Government themselves admitted that it was a big transfer of national sovereignty:
"The Government does not accept that we should agree to extend full ECJ jurisdiction over the very sensitive areas covered by the Third Pillar. These raise sensitive issues relating to national sovereignty — law and order and the criminal justice process.
"An acceptance of extended jurisdiction would have to be on a "once and for all" basis. This would be a significant extension of the ECJ's legal responsibilities. In any event, there is already some scope for the review or interpretation of Third Pillar measures by the ECJ, at the suit of the Commission or the Member States, pursuant to Article 35(6) and (7) TEU."
This is a really big deal. Giving the Court competence is an even bigger transfer of power than giving up the veto. At least if there is a majority vote we can try to get other countries to support us and block things we don't like. But if the court makes a judgement we don't like there is simply no comeback.
No one knows for sure what EU judges might do with their new powers.
On the Today programme on 14 June 2006, BBC Europe Editor Mark Mardell reported that if criminal justice was transferred to the first pillar: “A Commission spokesman was telling me, well we’d want to look at things like Belmarsh, can you hold foreign suspects indefinitely? The Commission don’t like it so Britain could get hammered.”
The Government also previously admitted that it would mean many more costly appeals in immigration cases:
“The Minister informed us that the UK had chosen not to opt in to the Commission's proposal (Q 28). While he acknowledged that there could be a benefit for parties faced with genuinely difficult questions of interpretation of EC law, "there is clearly a risk that adding what is in effect an avenue of appeal at a very early stage in the process might be an opportunity of further complicating our existing asylum and immigration processes" (Q 28).
The Blair fisk project part 2
In respect of social security, we negotiated a provision which allows us to insist on unanimity in any case where we—that is, Britain—declare that any proposal from the Commission would affect important aspects of our social security system, including its scope, cost, or financial structure or balance. Our social security and benefits system is therefore completely protected.
While the Government has an “emergency brake” on one article dealing with social security (as in the original constitution) there are several other new powers for the EU in social security.
For example, article II-94.2 of the old constitution, (which is likely to be attached to Article 137 or 140 of the new Treaty on the Functioning of the Union) states that “Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages”. This is a major step away from the current treaties, which stress free movement for workers, and limit access to other countries’ social security and welfare systems to those who are in work.
As for the common foreign and security policy, the basis of this will now remain unchanged in a separate treaty, and a separate pillar, from the first pillar Community method. The essential features of the CFSP remain as they were. Unanimity voting is the rule. There is no sole right of initiative for the Commission. There is no role for the European Parliament in decision taking. There is no jurisdiction for the European Court of Justice, except in the particular case of safeguarding the rights of individuals subject to EU sanctions.
This is very misleading - particularly the claim that unanimity is the rule. The key thing is the enormous exceptions to this "rule"
In fact there are several moves to qualified majority voting in the new version of the constitutional treaty. For instance:
(1) On Proposals from the EU foreign minister. The most important introduction of QMV relates to the new Foreign Minister. Article III-300 (2) stipulates that the Council shall act by qualified majority, “when adopting a European decision defining a Union action or position, on a proposal which the Union Minister for Foreign Affairs has presented following a specific request to him or her from the European Council, made on its own initiative or that of the Minister”. So we could (unanimously) ask him to come up with a plan but then, if we don’t like what he comes back with, find that we were into majority voting – e.g. on the squabble between NATO and EU over who will supply air transport to the AU troops in Darfur we might not be able to block the EU from pointlessly duplicating NATO is this was being done – if this was proposed as part of a plan proposed by Solana.
(2) On the diplomatic service. Article III-296 also allows the organisation and functioning of the new EU diplomatic service to be decided by QMV.
(3) On Setting up an inner core in defence. Under Article III-312, the decision to set up the “permanent structured cooperation” group would also be taken by QMV, as would subsequent decisions to expel members, or to admit new ones to the group.
(4) On terrorism & mutual defence. Article III-329 stipulates that the detail and meaning of the “terrorism solidarity clause” is to be decided by QMV. This is important because the Government has clear reservations about this article. A proposed amendment by Peter Hain called for the key provision of the article - that “Should a Member State fall victim to a terrorist attack, the other Member States shall assist it” - to be deleted. In a separate proposal, the Government asked for the new EU power to “prevent” terrorist threats to also be deleted. At a plenary session of the European Convention Hain objected that, “if it carries real military obligations to offer military assistance it is duplicating the NATO guarantee. If it does not … it is empty rhetoric.” His objection has been ignored.
(5) Majority voting on the new Foreign Policy Fund
(6) Majority voting on urgent humanitarian aid (e.g. this might have been used to decide whether the union should continue to fund the Palestinian Authority after the elections which returned Hamas to power – the UK and other Member States disagreed about this, and the UK was keen only to fund NGOs and not the Hamas-led authority.
Also interesting that Blair talks about there being "no sole right of initiative". This implies very strongly that the Government accepts that the new Foreign Minister will have a right of initiative for the first time, as (1) above suggests.
The two jobs of Commissioner for External Relations and High Representative which, of course, exist already, will be amalgamated in a single job. But this reform does not extend the EU’s substantive powers to act in foreign policy. In particular, the Union Representative, when working on common foreign and security policy issues, will operate within a policy framework set by the European Union Foreign Ministers, by unanimity.
The UK government has had to give the Foreign Minister far more powers than it wanted to. The UK was so focusssed on getting the name changed it lost out on the substance.
For example, against the UK Government’s wishes, the Constitution proposed that the EU Foreign Minister would automatically represent member states in international meetings, particularly at the United Nations Security Council. Article III-305 (2) of the constitutional treaty proposed that, “When the Union has defined a position on a subject which is on the United Nations Security Council agenda, those Member States which sit on the Security Council shall request that the Union Minister for Foreign Affairs be asked to present the Union's position.”
Peter Hain wrote an amendment arguing that “The UK cannot accept any language which implies that it would not retain the right to speak in a national capacity on the UN Security Council.” However the text remains.
Also, as the Guardian notes: "Britain said the new official should not chair regular meetings of EU foreign ministers, nor take over the resources of the European Commissioner for external affairs. It lost."
The UK Government also originally opposed the EU Diplomatic Service. In the negotiations on the draft constitutional treaty Denis MacShane said, “We believe that it remains for EU Member States to organise their respective bilateral diplomatic services at the national level.” (Hansard Written Answer, 17 June 2002) But again the UK has given way.
All these guarantees not merely remain in the new treaty, but are reinforced in a new overview articlethat reaffirms them and has full legal force. For the avoidance of doubt, we also obtained a declaration that sets out the unanimous view of all member states about the meaning of those guarantees. That declaration, which then informs the detailed negotiation of the intergovernmental conference, states that the common and foreign security policies of the treaty, including in respect of the office of Union Representative and the external action service:
“will not affect the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries, and participation in international organisations, including a Member State’s membership of the Security Council of the UN.”
This is typical of Blair's negotiating approach: a totally non-binding declaration which says the opposite of what his actually happeneing. In effect the mouth denies what the hands are doing.
While the Government has an “emergency brake” on one article dealing with social security (as in the original constitution) there are several other new powers for the EU in social security.
For example, article II-94.2 of the old constitution, (which is likely to be attached to Article 137 or 140 of the new Treaty on the Functioning of the Union) states that “Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages”. This is a major step away from the current treaties, which stress free movement for workers, and limit access to other countries’ social security and welfare systems to those who are in work.
As for the common foreign and security policy, the basis of this will now remain unchanged in a separate treaty, and a separate pillar, from the first pillar Community method. The essential features of the CFSP remain as they were. Unanimity voting is the rule. There is no sole right of initiative for the Commission. There is no role for the European Parliament in decision taking. There is no jurisdiction for the European Court of Justice, except in the particular case of safeguarding the rights of individuals subject to EU sanctions.
This is very misleading - particularly the claim that unanimity is the rule. The key thing is the enormous exceptions to this "rule"
In fact there are several moves to qualified majority voting in the new version of the constitutional treaty. For instance:
(1) On Proposals from the EU foreign minister. The most important introduction of QMV relates to the new Foreign Minister. Article III-300 (2) stipulates that the Council shall act by qualified majority, “when adopting a European decision defining a Union action or position, on a proposal which the Union Minister for Foreign Affairs has presented following a specific request to him or her from the European Council, made on its own initiative or that of the Minister”. So we could (unanimously) ask him to come up with a plan but then, if we don’t like what he comes back with, find that we were into majority voting – e.g. on the squabble between NATO and EU over who will supply air transport to the AU troops in Darfur we might not be able to block the EU from pointlessly duplicating NATO is this was being done – if this was proposed as part of a plan proposed by Solana.
(2) On the diplomatic service. Article III-296 also allows the organisation and functioning of the new EU diplomatic service to be decided by QMV.
(3) On Setting up an inner core in defence. Under Article III-312, the decision to set up the “permanent structured cooperation” group would also be taken by QMV, as would subsequent decisions to expel members, or to admit new ones to the group.
(4) On terrorism & mutual defence. Article III-329 stipulates that the detail and meaning of the “terrorism solidarity clause” is to be decided by QMV. This is important because the Government has clear reservations about this article. A proposed amendment by Peter Hain called for the key provision of the article - that “Should a Member State fall victim to a terrorist attack, the other Member States shall assist it” - to be deleted. In a separate proposal, the Government asked for the new EU power to “prevent” terrorist threats to also be deleted. At a plenary session of the European Convention Hain objected that, “if it carries real military obligations to offer military assistance it is duplicating the NATO guarantee. If it does not … it is empty rhetoric.” His objection has been ignored.
(5) Majority voting on the new Foreign Policy Fund
(6) Majority voting on urgent humanitarian aid (e.g. this might have been used to decide whether the union should continue to fund the Palestinian Authority after the elections which returned Hamas to power – the UK and other Member States disagreed about this, and the UK was keen only to fund NGOs and not the Hamas-led authority.
Also interesting that Blair talks about there being "no sole right of initiative". This implies very strongly that the Government accepts that the new Foreign Minister will have a right of initiative for the first time, as (1) above suggests.
The two jobs of Commissioner for External Relations and High Representative which, of course, exist already, will be amalgamated in a single job. But this reform does not extend the EU’s substantive powers to act in foreign policy. In particular, the Union Representative, when working on common foreign and security policy issues, will operate within a policy framework set by the European Union Foreign Ministers, by unanimity.
The UK government has had to give the Foreign Minister far more powers than it wanted to. The UK was so focusssed on getting the name changed it lost out on the substance.
For example, against the UK Government’s wishes, the Constitution proposed that the EU Foreign Minister would automatically represent member states in international meetings, particularly at the United Nations Security Council. Article III-305 (2) of the constitutional treaty proposed that, “When the Union has defined a position on a subject which is on the United Nations Security Council agenda, those Member States which sit on the Security Council shall request that the Union Minister for Foreign Affairs be asked to present the Union's position.”
Peter Hain wrote an amendment arguing that “The UK cannot accept any language which implies that it would not retain the right to speak in a national capacity on the UN Security Council.” However the text remains.
Also, as the Guardian notes: "Britain said the new official should not chair regular meetings of EU foreign ministers, nor take over the resources of the European Commissioner for external affairs. It lost."
The UK Government also originally opposed the EU Diplomatic Service. In the negotiations on the draft constitutional treaty Denis MacShane said, “We believe that it remains for EU Member States to organise their respective bilateral diplomatic services at the national level.” (Hansard Written Answer, 17 June 2002) But again the UK has given way.
All these guarantees not merely remain in the new treaty, but are reinforced in a new overview articlethat reaffirms them and has full legal force. For the avoidance of doubt, we also obtained a declaration that sets out the unanimous view of all member states about the meaning of those guarantees. That declaration, which then informs the detailed negotiation of the intergovernmental conference, states that the common and foreign security policies of the treaty, including in respect of the office of Union Representative and the external action service:
“will not affect the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries, and participation in international organisations, including a Member State’s membership of the Security Council of the UN.”
This is typical of Blair's negotiating approach: a totally non-binding declaration which says the opposite of what his actually happeneing. In effect the mouth denies what the hands are doing.
The Blair fisk project part 3
There was also a discussion at the Council about competition. The treaties have always made it clearthat competition in the internal market should notbe distorted. The now defunct constitutional treaty’s objectives would have included new wording about “free and undistorted competition”. When the treaty was set aside, that provision was lost, but we agreed on a new and legally binding protocol to be annexed to the treaties, which reaffirms the commitment to ensuring that competition is not distorted, and the other references to competition in the existing treaties will remain: for example, articles 4, 27, 34, 81 to 89, 96, 98, 105 and 157 from the European Community treaty. The legal position in relation to competition therefore remains unchanged.
This is genuinely unclear. It certainly worries the CBI, and the UK clearly dropped the ball (it was rescued by Prodi, of all people, after a phone call from someone sharp eyed at Goldman Sachs). But how big its effect is remains to be seen. Perhaps we will need to see some more legal evidence.
Alongside meeting our four essential requirements, we secured a number of further improvements. The new treaty will confirm for the first time, explicitly, that national security is the sole responsibility of member states.
Again, more warm words. But the IGC mandate states that, "The Union's competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy that might lead to a common defence." The word "might" is changed from "will" in the original constitution. But do we really want to commit to "the progressive framing of a common defence policy that might lead to a common defence?"
Surely we should be clear about this now. The disappointing thing is that the UK tried to get all these words deleted during the European Convention: Peter Hain wrote that: "Common defence, including as a form of enhanced cooperation, is divisive and a duplication of the guarantees that 19 of the 25 Member States will enjoy through NATO."
The Union already signs international agreements, but the treaty formalises its legal personality. However, we have now agreed a declaration by all countries for this intergovernmental conference confirming that the fact of this legal personality does not authorise the Union in any way to legislate or act beyond the powers conferred on it by member states in the treaties.
Actually this is a big deal and again the Government were opposed to it. It basically means extending the EU's legal personality to justicwe and police and foreign affairs issues.
Talking about the original version of the constitution, Italian PM Romano Prodi said that this change was “A gigantic leap forward. Europe can now play its role on the world stage thanks to its legal personality". The French Government’s referendum website argued that, “The European Union naturally has a vocation to be a permanent member of the Security Council, and the Constitution will allow it to be, by giving it legal personality.”
Even the UK Government admitted that it could cause problems. In particular he said that the Government could only accept legal personality for the EU if it was not combined with pillar collapse. When the constitution was first being drafted Peter Hain said that “We can only accept a single legal personality for the Union if the special arrangements for CFSP and some aspects of JHA are protected.” But the JHA pillar has been collapsed. This strongly implies that over time
Hain told MPs: “we could support a single legal personality for the EU but not if it jeopardises the national representations of member states in international bodies; not if it means a Euro-army; not if it means giving up our seat on the United Nations Security Council; and not if it means a Euro-FBI or a Euro police force."
This is genuinely unclear. It certainly worries the CBI, and the UK clearly dropped the ball (it was rescued by Prodi, of all people, after a phone call from someone sharp eyed at Goldman Sachs). But how big its effect is remains to be seen. Perhaps we will need to see some more legal evidence.
Alongside meeting our four essential requirements, we secured a number of further improvements. The new treaty will confirm for the first time, explicitly, that national security is the sole responsibility of member states.
Again, more warm words. But the IGC mandate states that, "The Union's competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy that might lead to a common defence." The word "might" is changed from "will" in the original constitution. But do we really want to commit to "the progressive framing of a common defence policy that might lead to a common defence?"
Surely we should be clear about this now. The disappointing thing is that the UK tried to get all these words deleted during the European Convention: Peter Hain wrote that: "Common defence, including as a form of enhanced cooperation, is divisive and a duplication of the guarantees that 19 of the 25 Member States will enjoy through NATO."
The Union already signs international agreements, but the treaty formalises its legal personality. However, we have now agreed a declaration by all countries for this intergovernmental conference confirming that the fact of this legal personality does not authorise the Union in any way to legislate or act beyond the powers conferred on it by member states in the treaties.
Actually this is a big deal and again the Government were opposed to it. It basically means extending the EU's legal personality to justicwe and police and foreign affairs issues.
Talking about the original version of the constitution, Italian PM Romano Prodi said that this change was “A gigantic leap forward. Europe can now play its role on the world stage thanks to its legal personality". The French Government’s referendum website argued that, “The European Union naturally has a vocation to be a permanent member of the Security Council, and the Constitution will allow it to be, by giving it legal personality.”
Even the UK Government admitted that it could cause problems. In particular he said that the Government could only accept legal personality for the EU if it was not combined with pillar collapse. When the constitution was first being drafted Peter Hain said that “We can only accept a single legal personality for the Union if the special arrangements for CFSP and some aspects of JHA are protected.” But the JHA pillar has been collapsed. This strongly implies that over time
Hain told MPs: “we could support a single legal personality for the EU but not if it jeopardises the national representations of member states in international bodies; not if it means a Euro-army; not if it means giving up our seat on the United Nations Security Council; and not if it means a Euro-FBI or a Euro police force."
The Blair fisk Project part 4
There are also new powers for national Parliaments to object to Commission proposals on subsidiarity grounds.
But these are meaningless - even more so than in the original constitution.
Compared to the 2004 text the protocol on parliaments has been altered so that half of national parliaments need to object to trigger the process rather than ‘just’ a third.
In the unlikely event that fourteen national parliaments all vote against their Governments on the same proposal, on subsidiarity grounds, during a eight week window, then the Commission has to ‘reconsider’ - but it can still override national parliaments. Which is exactly what happened the very first time the mechanism was given a ‘trial run’ several years ago. On the upside the time for them to try to use this ludicrous process has been extended from six to eight weeks (woo-hoo!)
Such proposals are actively damaging, because they give the impression of accountability without the reality, and are used to fob off proposals for real democracy in Europe.
There are a number of extensions of qualified majority voting. In the most sensitive areas of QMV—justice and home affairs, and social security—we obtained the right either not to participate or to insist on unanimity. In addition, a number of other QMV measures—for example, those about rules within the eurozone, or those in justice and home affairs—do not apply to us. As for the rest, we have agreed them, because qualified majority voting is often in Britain’s interest. The biggest move to qualified majority voting in Europe’s history was the Single European Act, but this allowed the creation of one of Europe’s greatest achievements: the single European market. More recently, we have secured reforms such as the services directive and other liberalising measures through QMV, including the lifting of the beef ban, when they would almost certainly have been blocked through unanimity. Among the QMV provisions in the treaty is one that provides a new legal base and QMV for energy market liberalisation, and another that provides QMV for decisions on emergency humanitarian aid to third countries—both of them manifestly in the UK’s national interest.
There are plenty of moves to QMV. As noted above, even seemingly nice things like urgent humanitarian aid have clear downsides (e.g. aid to Hamas)
You can get a list of all of them on our analysis of the IGC mandate.
The claim that "The biggest move to qualified majority voting in Europe’s history was the Single European Act" looks wrong to us. There are far more moves under the new constitution. I don't understand how the Government can stack this up. Blair said later in the debate that there were 49 moves to QMV in the "new" treaty. But the Government also admits that there were only 12 moves to QMV in the SEA. We would love a reply from our regular at the Foreign Office on that one...
The other main reform is the fixed term, two-and-a-half-year presidency of the European Council, replacing the current rotating six-monthly arrangements. This is necessary for the Union’s efficiency, but does not involve any extension of presidency powers. The President of the European Council will remain the servant of the leaders of the member states.
Again, actually this is a big deal. The constitutional treaty would create powerful new positions and institutions, making the EU institutions more powerful in relation to the member states. These institutions are likely to grow in strength over time. Control of the 3,500 civil servants in the Council Secretariat would give the President a substantial power base – and the president would have an incentive to expand its own powers.
The new President would fundamentally change the nature of the legislative process in Brussels. Instead of negotiations between the supranational Commission and a national head of Government with a vented interest in protecting the rights of member states, negotiations would in future take place between one unelected, independent Brussels institution and another.
It has already been suggested that the new President of the European Council will be merged with the President of the Commission to create a US-style President for Europe. Sarkozy has called for the President to eventually be directly elected, as in the US.
The most important aspect of the new treaty is that it allows the European Union to move on to the issues that really matter. For too many years, we have been bogged down in a debate about institutions. Withthe increase from 15 to 27 member states, change is essential, but with this agreement, we can now concentrate on issues that really matter: energy security, organised crime and terrorism, globalisation, further enlargement and making Europe’s voice more effective internationally.
This is pathetic.
The lazy, hazy, argument that the new constitutional treaty is needed to make the EU work is not backed up by the facts. The EU is passing laws 25% faster since enlargement.
The vague arguement that this will somehow "let the EU fight terrorism" or save the planet is worthless too. What new power will the EU have to so this? Isn't the truth that the EU doesn't need more power to sort out its lamentable environmental record, but the will to sort out failing policies like the EU Emissiions Trading Scheme?
This agenda is surely quintessentially one in Britain’s interests. Over the past 10 years, Britain has moved from the margins of European debate to the centre. This is absolutely right for Britain. Whether indefence or economic reform or in energy policy orthe environment, or of course most particularly in enlargement and the appointment of the new Commission President, Britain has for a decade been in a leadership position in Europe. That is exactly where we should stay. I commend this agreement to the House.
A leadership position in Europe? What on earth?
This is from the Government that:
(a) Said there would never be a European Constitution. Keith Vaz, then Europe Minister said in Parliament, “the hon. Member for Ludlow said that the charter represented the beginning of a European constitution. If a telephone directory were published in Brussels, the hon. Gentleman would believe that it was the forerunner of a European Constitution. We are not going to have such a constitution” He said that the suggestion that there would be a European Constitution was “the last euro myth”. (Hansard, 22 November 2000)
(b) Promised the Charter would not be made legally binding. “Our case is that it should not have legal status and we do not intend it to”
- Tony Blair, 11 December 2000
(c) Said it would not give up the rebate - but then did. Tony Blair said "The UK rebate will remain and we will not negotiate it away. Period." (Hansard, 8 June)
But the Government did give away 7 billion pounds of the rebate in return ffor nothing other thann the promise of a "review" of EU spending later. As German newspaper Die Welt noted at the time: "Tony Blair began the EU presidency as a tiger and ended it as a doormat."
Anyway - you get the general idea. We could go on and on about the Government's u-turns.
The Government's case against a referendum is pathetic. Every single serious EU leader says it is exactly the same as the old EU constitution.
But the Government's calculation is that while people don't like it, they won't care enough to make a difference. Proving them wrong is what the next six months are all about.
But these are meaningless - even more so than in the original constitution.
Compared to the 2004 text the protocol on parliaments has been altered so that half of national parliaments need to object to trigger the process rather than ‘just’ a third.
In the unlikely event that fourteen national parliaments all vote against their Governments on the same proposal, on subsidiarity grounds, during a eight week window, then the Commission has to ‘reconsider’ - but it can still override national parliaments. Which is exactly what happened the very first time the mechanism was given a ‘trial run’ several years ago. On the upside the time for them to try to use this ludicrous process has been extended from six to eight weeks (woo-hoo!)
Such proposals are actively damaging, because they give the impression of accountability without the reality, and are used to fob off proposals for real democracy in Europe.
There are a number of extensions of qualified majority voting. In the most sensitive areas of QMV—justice and home affairs, and social security—we obtained the right either not to participate or to insist on unanimity. In addition, a number of other QMV measures—for example, those about rules within the eurozone, or those in justice and home affairs—do not apply to us. As for the rest, we have agreed them, because qualified majority voting is often in Britain’s interest. The biggest move to qualified majority voting in Europe’s history was the Single European Act, but this allowed the creation of one of Europe’s greatest achievements: the single European market. More recently, we have secured reforms such as the services directive and other liberalising measures through QMV, including the lifting of the beef ban, when they would almost certainly have been blocked through unanimity. Among the QMV provisions in the treaty is one that provides a new legal base and QMV for energy market liberalisation, and another that provides QMV for decisions on emergency humanitarian aid to third countries—both of them manifestly in the UK’s national interest.
There are plenty of moves to QMV. As noted above, even seemingly nice things like urgent humanitarian aid have clear downsides (e.g. aid to Hamas)
You can get a list of all of them on our analysis of the IGC mandate.
The claim that "The biggest move to qualified majority voting in Europe’s history was the Single European Act" looks wrong to us. There are far more moves under the new constitution. I don't understand how the Government can stack this up. Blair said later in the debate that there were 49 moves to QMV in the "new" treaty. But the Government also admits that there were only 12 moves to QMV in the SEA. We would love a reply from our regular at the Foreign Office on that one...
The other main reform is the fixed term, two-and-a-half-year presidency of the European Council, replacing the current rotating six-monthly arrangements. This is necessary for the Union’s efficiency, but does not involve any extension of presidency powers. The President of the European Council will remain the servant of the leaders of the member states.
Again, actually this is a big deal. The constitutional treaty would create powerful new positions and institutions, making the EU institutions more powerful in relation to the member states. These institutions are likely to grow in strength over time. Control of the 3,500 civil servants in the Council Secretariat would give the President a substantial power base – and the president would have an incentive to expand its own powers.
The new President would fundamentally change the nature of the legislative process in Brussels. Instead of negotiations between the supranational Commission and a national head of Government with a vented interest in protecting the rights of member states, negotiations would in future take place between one unelected, independent Brussels institution and another.
It has already been suggested that the new President of the European Council will be merged with the President of the Commission to create a US-style President for Europe. Sarkozy has called for the President to eventually be directly elected, as in the US.
The most important aspect of the new treaty is that it allows the European Union to move on to the issues that really matter. For too many years, we have been bogged down in a debate about institutions. Withthe increase from 15 to 27 member states, change is essential, but with this agreement, we can now concentrate on issues that really matter: energy security, organised crime and terrorism, globalisation, further enlargement and making Europe’s voice more effective internationally.
This is pathetic.
The lazy, hazy, argument that the new constitutional treaty is needed to make the EU work is not backed up by the facts. The EU is passing laws 25% faster since enlargement.
The vague arguement that this will somehow "let the EU fight terrorism" or save the planet is worthless too. What new power will the EU have to so this? Isn't the truth that the EU doesn't need more power to sort out its lamentable environmental record, but the will to sort out failing policies like the EU Emissiions Trading Scheme?
This agenda is surely quintessentially one in Britain’s interests. Over the past 10 years, Britain has moved from the margins of European debate to the centre. This is absolutely right for Britain. Whether indefence or economic reform or in energy policy orthe environment, or of course most particularly in enlargement and the appointment of the new Commission President, Britain has for a decade been in a leadership position in Europe. That is exactly where we should stay. I commend this agreement to the House.
A leadership position in Europe? What on earth?
This is from the Government that:
(a) Said there would never be a European Constitution. Keith Vaz, then Europe Minister said in Parliament, “the hon. Member for Ludlow said that the charter represented the beginning of a European constitution. If a telephone directory were published in Brussels, the hon. Gentleman would believe that it was the forerunner of a European Constitution. We are not going to have such a constitution” He said that the suggestion that there would be a European Constitution was “the last euro myth”. (Hansard, 22 November 2000)
(b) Promised the Charter would not be made legally binding. “Our case is that it should not have legal status and we do not intend it to”
- Tony Blair, 11 December 2000
(c) Said it would not give up the rebate - but then did. Tony Blair said "The UK rebate will remain and we will not negotiate it away. Period." (Hansard, 8 June)
But the Government did give away 7 billion pounds of the rebate in return ffor nothing other thann the promise of a "review" of EU spending later. As German newspaper Die Welt noted at the time: "Tony Blair began the EU presidency as a tiger and ended it as a doormat."
Anyway - you get the general idea. We could go on and on about the Government's u-turns.
The Government's case against a referendum is pathetic. Every single serious EU leader says it is exactly the same as the old EU constitution.
But the Government's calculation is that while people don't like it, they won't care enough to make a difference. Proving them wrong is what the next six months are all about.
Monday, June 25, 2007
EU leaders admit: it's the old constitution by another name
Bad news for Brown:
Other EU politicians are being more honest than the British government. All over the continent they are freely ‘fessing up that the supposedly ‘new’ treaty is almost no different to the old constitution that was overwhelmingly voted down by French and Dutch voters…
Brown is also talking about an early election - so the attempt to dump the referendum promise will become even more politically toxic...
What people are saying around Europe
German Chancellor Angela Merkel
“The fundamentals of the Constitution have been maintained in large part… We have renounced everything that makes people think of a state, like the flag and the national anthem.” El Pais (25 June)
German Foreign Minister Frank-Walter Steinmeier
German Foreign Minister Frank-Walter Steinmeier said that the mandate approved by the EU will “preserve the substance of the constitutional treaty”. Agence Europe (25 June)
Spanish Prime Minister Jose Zapatero
"A great part of the content of the European Constitution is captured in the new treaties”, Zapatero said. “Everyone has conceded a little so that we all gain a lot”, added Zapatero. El Pais (25 June)
Irish Taoiseach Bertie Ahern
“Given the fact that there was strong legal advice that the draft constitution in 2004 would require a referendum in Ireland, and given the fact that these changes haven't made any dramatic change to the substance of what was agreed back in 2004, I think it is likely that a referendum will be held... thankfully they haven't changed the substance - 90 per cent of it is still there."
On the change of name for the EU Foreign Minister he said: "It's the original job as proposed but they just put on this long title - High Representative for Foreign Affairs and Security Policy and also vice President of the Commission. It's the same job […] it's still going to be the same position." Irish Independent (24 June)
Danish PM Anders Fogh Rasmussen
Danish PM Anders Fogh Rasmussen: “The good thing is...that all the symbolic elements are gone, and that which really matters – the core - is left." Jyllands-Posten (25 June)
Finland’s Europe Minister
Finland’s Europe Minister Astrid Thors: “There’s nothing from the original institutional package that has been changed” TV-Nytt, (23 June)
French President Nicolas Sarkozy
French President Nicolas Sarkozy has claimed victory, saying, “This was France’s idea from the start.” Libération (25 June)
During a press conference Sarkozy said “Competition is no longer an objective in itself – it’s a tool at the service of the internal market but is no longer an objective of the Union… for the first time… the Union has to help ensure the protection of citizens… the word protection is no longer taboo.”
At the Paris Air Show Sarkozy also said that Britain keeping the pound amounted to unfair competition. He said other countries, “can't go on imposing social, environmental, fiscal and monetary dumping' on Europe. I ask that we do with the euro with the US does with the dollar or even what our English friends do with the pound.” CNBC (24 June)
Sarkozy also dismissed the change of the EU Foreign Minister’s name as of no significance. "What does it matter what we call him?" Telegraph (24 June)
Commission President Jose Barroso
Barroso said he was happy that his son was studying law, because under the new treaty: "lawyers have a beautiful future.” Süddeutsche Zeitung (25 June)
Other comments
France
A headline in Le Monde reads: “The symbols have disappeared, the fundamentals remain.” A leader in Le Monde notes that all the “the institutional advances brought by the Constitution have been maintained. While the symbols – anthem, flag etc – have officially disappeared, the permanent presidency remains; and while the minister of foreign affairs has gone back to high representative, he keeps all the new powers that Valery Giscard d’Estaing’s text gave him.” (25 June)
An article in Libération reports that “In the end, the Brussels agreement is unexpected, since the essential of the advances of the Constitution are safeguarded, even if it is horribly complex.” (25 June)
A leader in Le Figaro argues that, “the essentials of the institutional advances have been preserved.”
Germany
Leading MEP Elmar Brok, the Chairman of the European Parliament’s Foreign Affairs Committee welcomed the outcome of the Summit and said: “Despite all the compromises, the substance of the draft EU Constitution has been safeguarded.” Euractiv (25 June)
Handelsblatt describes the deal as a "diplomatic coup" for Angela Merkel.
Spain
Diego Lopez Garrido, the Socialists’ parliamentary spokesman, was euphoric: “Europe is our strategic bet for the 21st century and from this point of view the summit has been a total success. The referendum which the Spanish approved the Constitution has been decisive, and 99% of its content has survived.” El Pais (25 June)
Spanish diplomats have also dismissed the change in the name of the new EU Foreign Minister. One said: "We have exactly what we wanted. The foreign minister will have the political clout necessary to do his job and will control the administrative services too. Blair was worried about this, but over lunch he calmed down… If your name is Maria, you can call yourself Jane, but you will still do Maria's job." Telegraph (24 June)
Netherlands
According to Het Financieele Dagblad – the Dutch equivalent of the Financial Times: “Jan Peter Balkenenende's government will ask the Dutch council of state for a recommendation on the new treaty. In 2003, the highest advisory body of the Dutch government recommended to organize the referendum specifically because of the charter of fundamental rights. If the council of state stays with this position - and it's difficult to see why not - then it will be very hard for the government not to organize another referendum. That makes it uncertain if the new European treaty can be put into force." (25 June)
Belgium
The Belgian minister of foreign affairs Karel De Gucht has complained that the new treaty seems to have the goal, "of being as illegible as possible". Süddeutsche Zeitung (24 June)
Britain
A leader in the Financial Times admits: “Mr Blair tried to prevent the charter on fundamental rights from being made legally binding. He failed. But he has won a lengthy protocol insisting that it cannot be used to challenge UK laws: in effect, it is another opt-out.” However it notes “It may not be legally enforceable, for it discriminates in the application of fundamental rights.”
Labour MEP Richard Corbett admitted on friday that the new treaty could be as little as 5% different to the old constitution: “The 5% that has been dropped – and I think it is probably more – is actually the crucial bit – the bits that caused people to worry, and they will go.” (BBC PM, 22 June)
Other EU politicians are being more honest than the British government. All over the continent they are freely ‘fessing up that the supposedly ‘new’ treaty is almost no different to the old constitution that was overwhelmingly voted down by French and Dutch voters…
Brown is also talking about an early election - so the attempt to dump the referendum promise will become even more politically toxic...
What people are saying around Europe
German Chancellor Angela Merkel
“The fundamentals of the Constitution have been maintained in large part… We have renounced everything that makes people think of a state, like the flag and the national anthem.” El Pais (25 June)
German Foreign Minister Frank-Walter Steinmeier
German Foreign Minister Frank-Walter Steinmeier said that the mandate approved by the EU will “preserve the substance of the constitutional treaty”. Agence Europe (25 June)
Spanish Prime Minister Jose Zapatero
"A great part of the content of the European Constitution is captured in the new treaties”, Zapatero said. “Everyone has conceded a little so that we all gain a lot”, added Zapatero. El Pais (25 June)
Irish Taoiseach Bertie Ahern
“Given the fact that there was strong legal advice that the draft constitution in 2004 would require a referendum in Ireland, and given the fact that these changes haven't made any dramatic change to the substance of what was agreed back in 2004, I think it is likely that a referendum will be held... thankfully they haven't changed the substance - 90 per cent of it is still there."
On the change of name for the EU Foreign Minister he said: "It's the original job as proposed but they just put on this long title - High Representative for Foreign Affairs and Security Policy and also vice President of the Commission. It's the same job […] it's still going to be the same position." Irish Independent (24 June)
Danish PM Anders Fogh Rasmussen
Danish PM Anders Fogh Rasmussen: “The good thing is...that all the symbolic elements are gone, and that which really matters – the core - is left." Jyllands-Posten (25 June)
Finland’s Europe Minister
Finland’s Europe Minister Astrid Thors: “There’s nothing from the original institutional package that has been changed” TV-Nytt, (23 June)
French President Nicolas Sarkozy
French President Nicolas Sarkozy has claimed victory, saying, “This was France’s idea from the start.” Libération (25 June)
During a press conference Sarkozy said “Competition is no longer an objective in itself – it’s a tool at the service of the internal market but is no longer an objective of the Union… for the first time… the Union has to help ensure the protection of citizens… the word protection is no longer taboo.”
At the Paris Air Show Sarkozy also said that Britain keeping the pound amounted to unfair competition. He said other countries, “can't go on imposing social, environmental, fiscal and monetary dumping' on Europe. I ask that we do with the euro with the US does with the dollar or even what our English friends do with the pound.” CNBC (24 June)
Sarkozy also dismissed the change of the EU Foreign Minister’s name as of no significance. "What does it matter what we call him?" Telegraph (24 June)
Commission President Jose Barroso
Barroso said he was happy that his son was studying law, because under the new treaty: "lawyers have a beautiful future.” Süddeutsche Zeitung (25 June)
Other comments
France
A headline in Le Monde reads: “The symbols have disappeared, the fundamentals remain.” A leader in Le Monde notes that all the “the institutional advances brought by the Constitution have been maintained. While the symbols – anthem, flag etc – have officially disappeared, the permanent presidency remains; and while the minister of foreign affairs has gone back to high representative, he keeps all the new powers that Valery Giscard d’Estaing’s text gave him.” (25 June)
An article in Libération reports that “In the end, the Brussels agreement is unexpected, since the essential of the advances of the Constitution are safeguarded, even if it is horribly complex.” (25 June)
A leader in Le Figaro argues that, “the essentials of the institutional advances have been preserved.”
Germany
Leading MEP Elmar Brok, the Chairman of the European Parliament’s Foreign Affairs Committee welcomed the outcome of the Summit and said: “Despite all the compromises, the substance of the draft EU Constitution has been safeguarded.” Euractiv (25 June)
Handelsblatt describes the deal as a "diplomatic coup" for Angela Merkel.
Spain
Diego Lopez Garrido, the Socialists’ parliamentary spokesman, was euphoric: “Europe is our strategic bet for the 21st century and from this point of view the summit has been a total success. The referendum which the Spanish approved the Constitution has been decisive, and 99% of its content has survived.” El Pais (25 June)
Spanish diplomats have also dismissed the change in the name of the new EU Foreign Minister. One said: "We have exactly what we wanted. The foreign minister will have the political clout necessary to do his job and will control the administrative services too. Blair was worried about this, but over lunch he calmed down… If your name is Maria, you can call yourself Jane, but you will still do Maria's job." Telegraph (24 June)
Netherlands
According to Het Financieele Dagblad – the Dutch equivalent of the Financial Times: “Jan Peter Balkenenende's government will ask the Dutch council of state for a recommendation on the new treaty. In 2003, the highest advisory body of the Dutch government recommended to organize the referendum specifically because of the charter of fundamental rights. If the council of state stays with this position - and it's difficult to see why not - then it will be very hard for the government not to organize another referendum. That makes it uncertain if the new European treaty can be put into force." (25 June)
Belgium
The Belgian minister of foreign affairs Karel De Gucht has complained that the new treaty seems to have the goal, "of being as illegible as possible". Süddeutsche Zeitung (24 June)
Britain
A leader in the Financial Times admits: “Mr Blair tried to prevent the charter on fundamental rights from being made legally binding. He failed. But he has won a lengthy protocol insisting that it cannot be used to challenge UK laws: in effect, it is another opt-out.” However it notes “It may not be legally enforceable, for it discriminates in the application of fundamental rights.”
Labour MEP Richard Corbett admitted on friday that the new treaty could be as little as 5% different to the old constitution: “The 5% that has been dropped – and I think it is probably more – is actually the crucial bit – the bits that caused people to worry, and they will go.” (BBC PM, 22 June)
Sunday, June 24, 2007
The Irish: telling it like it is
Thank God for the Irish. Instead of the nonsense that gets talked in the UK, Taoiseach Bertie Ahern is telling it like it is:
"I think all the changes that we've made are all changes for the worse but thankfully they haven't changed the substance - 90 per cent of it is still there."
On the change of name for the EU Foreign Minister he said: "It's the original job as proposed but they just put on this long title - High Representative for Foreign Affairs and Security Policy and also vice President of the Commission. "It's the same job - it's to avoid the rest of the world not having an easy contact point [for the EU] - it's still going to be the same position." (Irish Independent)
Oh, and he also promised to hold a referendum.
We're going to move to Dublin...
"I think all the changes that we've made are all changes for the worse but thankfully they haven't changed the substance - 90 per cent of it is still there."
On the change of name for the EU Foreign Minister he said: "It's the original job as proposed but they just put on this long title - High Representative for Foreign Affairs and Security Policy and also vice President of the Commission. "It's the same job - it's to avoid the rest of the world not having an easy contact point [for the EU] - it's still going to be the same position." (Irish Independent)
Oh, and he also promised to hold a referendum.
We're going to move to Dublin...
Saturday, June 23, 2007
proper names
Isn't there something a bit peculiar about this sentance:
"The Union Minister for Foreign Affairs will be called High Representative of the Union for Foriegn Affairs and Security policy"
It might - to the uninitiated - suggest a rather cynical approach, based on not calling things what they really are.
In fact the IGC mandate is absolutely festooned with instances in which the main text says one thing and the footnotes (mostly non-legally-binding sops to the Brits) say another. The mandate is now up on the web in the European Council conclusions.
They say that the IGC will start at the end of July and is supposed to wrap by the end of the year so that the new constitutional treaty can be ratified and in force before the next European elections (indeed, its the proximity between putting the Constitution through parliament and those elections that might prove tricky for Brown).
Its quite interesting to look at the heat and light generated by the talks on the new constitutional treaty in comparison to the day to day activity of the EU, as summed up in the rest of the Council conclusions. For example these conclusions note that, "The European Council reaffirms its commitment to realising, as part of the comprehensive European migration policy, the Common European Asylum System by the end of 2010." Very few lobby journalists in Britain even realise that this is happening, and still less has been written about it.
Its that gradual "competence creep" that makes the proposals in the IGC mandate for a
"simplified revision proceedure" so alarming. If the treaties can just be gradually amended, and further vetoes given up without a new treaty then things will just happen gradually, below the radar, with no scrutiny and no input from the public.
Perhaps that is what Gordon Brown will rip out of the text. He will certainly wait to see what emerges as the biggest point of concern - and then get it taken out.
As it stands, the proposal is sinply just to implement the whole EU constitution as a series of amendments to the existing treaties. That's no good for Brown. He needs blood on the carpet. His spinner has already briefed everyone about how he slapped down Blair over Sarkozy's demands. Next he will want to be able to arge that he has brutally "defeated" Sarko or Merkel on something. They have probably already agreed over a good dinner about what it will be.
"The Union Minister for Foreign Affairs will be called High Representative of the Union for Foriegn Affairs and Security policy"
It might - to the uninitiated - suggest a rather cynical approach, based on not calling things what they really are.
In fact the IGC mandate is absolutely festooned with instances in which the main text says one thing and the footnotes (mostly non-legally-binding sops to the Brits) say another. The mandate is now up on the web in the European Council conclusions.
They say that the IGC will start at the end of July and is supposed to wrap by the end of the year so that the new constitutional treaty can be ratified and in force before the next European elections (indeed, its the proximity between putting the Constitution through parliament and those elections that might prove tricky for Brown).
Its quite interesting to look at the heat and light generated by the talks on the new constitutional treaty in comparison to the day to day activity of the EU, as summed up in the rest of the Council conclusions. For example these conclusions note that, "The European Council reaffirms its commitment to realising, as part of the comprehensive European migration policy, the Common European Asylum System by the end of 2010." Very few lobby journalists in Britain even realise that this is happening, and still less has been written about it.
Its that gradual "competence creep" that makes the proposals in the IGC mandate for a
"simplified revision proceedure" so alarming. If the treaties can just be gradually amended, and further vetoes given up without a new treaty then things will just happen gradually, below the radar, with no scrutiny and no input from the public.
Perhaps that is what Gordon Brown will rip out of the text. He will certainly wait to see what emerges as the biggest point of concern - and then get it taken out.
As it stands, the proposal is sinply just to implement the whole EU constitution as a series of amendments to the existing treaties. That's no good for Brown. He needs blood on the carpet. His spinner has already briefed everyone about how he slapped down Blair over Sarkozy's demands. Next he will want to be able to arge that he has brutally "defeated" Sarko or Merkel on something. They have probably already agreed over a good dinner about what it will be.
Virtual organisation
An agreement has finally been reached. Predictably the Government has claimed victory and is attempting to persuade us it has secured its so-called "red lines".
The reality is that new treaty contains at least 90 -100% of the substance of the old Constitution.
The tough talking and the bluster in the press about red lines was a transparent attempt by the government to create a fake debate in order to appear tough for its domestic audience.
Unfortunately for the Government, it won't wash. Everyone knows that the ludicrous "red lines" were just a distraction. For example - Blair was the only person in Europe talking about giving up the veto on tax. For an analysis of the revised Constitutional Treaty download our new report - "The Constitution by any other name".
Our phones haven't stopped ringing as the press attempts to decipher exactly what the Government gave away in the negotiations. It's strange then that the groups acting as cheerleaders for the new Constitutional Treaty are uncontactable. The BBC has even had to resort to asking us to find people who actually support the new treaty because virtual organisations such as Business for New Europe have gone AWOL on the busiest day of EU news since the French and Dutch no votes two years ago.
Is it possible that their business leaders are finding it difficult to bring themselves to publicly support a new treaty which - despite the Government's promises - will make the Charter of Fundamental Rights legally binding in the UK for the first time?
The reality is that new treaty contains at least 90 -100% of the substance of the old Constitution.
The tough talking and the bluster in the press about red lines was a transparent attempt by the government to create a fake debate in order to appear tough for its domestic audience.
Unfortunately for the Government, it won't wash. Everyone knows that the ludicrous "red lines" were just a distraction. For example - Blair was the only person in Europe talking about giving up the veto on tax. For an analysis of the revised Constitutional Treaty download our new report - "The Constitution by any other name".
Our phones haven't stopped ringing as the press attempts to decipher exactly what the Government gave away in the negotiations. It's strange then that the groups acting as cheerleaders for the new Constitutional Treaty are uncontactable. The BBC has even had to resort to asking us to find people who actually support the new treaty because virtual organisations such as Business for New Europe have gone AWOL on the busiest day of EU news since the French and Dutch no votes two years ago.
Is it possible that their business leaders are finding it difficult to bring themselves to publicly support a new treaty which - despite the Government's promises - will make the Charter of Fundamental Rights legally binding in the UK for the first time?
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