Matthew Parris
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The mistake was promising a referendum in the first place. There never was a sound case, properly rooted in the way we conduct our politics in Britain, for any referendum, ever, on anything to do with the EU – including joining it. In the UK we elect governments to make these decisions; we expect party election manifestos to warn us in advance of the really big ones. We ask Parliament to decide.
And if without warning a government makes such a decision anyway, we can chuck it out. If we hate it intensely enough we require the next government to reverse it, wriggle out of it or renege on it. We don’t do that lightly, but we know we always can. As a world power Albion has a fine and ancient reputation for ratting on solemn undertakings. We can always let our foreign friends down, and we frequently do. That’s democracy.
So there goes the first argument for a referendum on this pesky proposed new European treaty: that it’s “irreversible”. Nothing’s irreversible – or why would some Europhobes be demanding a rerun of the original referendum to join? Whatever the rules may suggest, we can review terms and conditions at any time, though this might involve a review of our membership itself. No referendum will settle anything for all time.
Nor will any objective determination ever be reached as to what is a “constitutional” and what a “nonconstitutional” treaty. This is pure metaphysics. No clear distinction exists. No clear distinction ever could, because the term means so much less than it pretends. Any ambitious measure affecting the process of government will involve a hybrid mix of constitutional with nonconstitutional change.
Wasn’t the giving away of our various colonies a constitutional act? It was certainly a massive ceding of sovereignty. And show me the measures in the proposed European treaty that equal, in their haemorrhaging of “sovereignty”, the loss by the great majority of the British voters of almost all say in the governance of three of the four constituent parts of the Union – for that is what devolution has meant, and the majority, the English, were never asked.
And aren’t defence pacts that may oblige us to go to war at the bidding of foreign partners – such as Britain’s accession to Nato – constitutional? Through much of the Cold War, Nato was a sort of Common Defence Policy.
So of course the proposed European treaty is “constitutional”. But so, in an equally hybrid way, was the Single European Act (signed in 1986), or the Maastricht treaty (1992), or the Amsterdam treaty (1997) or the Nice treaty (2001).
We return, then, to the enormous mistake made by Tony Blair’s Cabinet, a mistake in which Gordon Brown was complicit and whose consequences he now inherits. In 2004 it promised a referendum on the emerging European treaty, on the ground that it contained significant changes, some of them of a constitutional kind. In the 2005 Labour manifesto these promises were repeated. Few can seriously deny that there is something dishonourable in Mr Brown’s argument today: that because the amended treaty, which retains many “constitutional” features, has been shorn of a few more that Britain found objectionable, the promise of a referendum no longer applies. The Blair Cabinet weren’t anyway against constitutional measures in a treaty: they were intending to urge us to vote for a “constitutional” treaty, in the referendum that never happened.
A word, though, of warning to the Tories. David Cameron’s case, now, against Mr Brown may be a double whammy, but one of the punches is a big one, the other less potent, and I suspect many Tory MPs and Eurosceptic commentators have ordered them the wrong way round.
The big punch is that this whole referendum business is just another example of Mr Brown’s cowardice, evasiveness and lack of honour. The example’s potency lies not in how much we care about the issue itself, but the new evidence it provides for an already growing suspicion. Likewise, were we to learn that, on his way into the Commons, Mr Brown had promised a beggar some small change on his way out, but in the event sailed straight past, we would all be talking about it; but you would be wrong to think this meant we cared much about the beggar.
So the punch that is feebler is the issue of the treaty referendum itself. Most people will say “yes” if asked whether they’d like to be consulted; most people do. But how deeply and enduringly angry the public are, or are likely to become, about constitutional implications is an altogether different question, inviting a more ambivalent answer.
The truth is that the arguments about whether a measure is “constitutional” have usually been – and are in the European case – proxy arguments for a debate that is really about something else. Like the distinction between “amateur” and “professional” or between “fertilised embryo” and “unborn child”, a faux expertise is set up to prowl the frontier and argue the toss about words, when what lie at the root of the argument are feelings. The real debate, intense among a minority, is about our continued membership of the EU. But among the electorate at large no sharp, settled or strong opinion about this, one way or the other, is clear to me.
So I’d go on the D-word – dishonour – rather than the C-word – constitution. For it’s my belief that though you can get some of the British angry about constitutional questions for some of the time, and a few of them angry for most of the time, you will never get many of them angry for much of the time. We are not hugely interested in constitutions. That’s why we don’t have one. We tend to drift away from arguments about abstract reasoning.
Abstractions are for lawyers: squalls about words. It is events, facts, accidents, that can really whip public opinion into a storm. If the Europhobes are right (I don’t discount the possibility) then one day one of the hypothetical horrors that Europhobes already dimly see, lurking in the undergrowth of the small print of a draft treaty, will leap out and grab the British people by the throat. European President Giuseppe Bloggs will close Great Ormond Street Hospital. The European Parliament will ban domestic cats. The National Trust will be wound up under European competition laws. And all at once we’ll be talking – shouting – about constitutions, and electing a government committed to renege.
But not until then. Short of that, can an argument about a constitution ever catch fire politically in this country? Well, there is a way that the Conservatives could test that. They could go into the next election with no concrete example of Euro-folly currently enraging the voters, but promising to renege on an already ratified treaty. The possible consequence (which would quickly become the central isisue of the election) would be that our entire membership of the EU would begin to unravel. This would prove a fascinating test. It is not one I’d recommend Mr Cameron to try.

Matthew Parris joined The Times as parliamentary sketchwriter in 1988, a role he held until 2001. He had formerly worked for the Foreign Office and been a Conservative MP from 1979-86. He has published many books on travel and politics and an autobiography, Chance Witness, for which he won the 2004 Orwell Prize. His diary appears in The Times on Thursdays, and his Opinion column on Saturdays
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Amusing and so right in so many ways but also, far too glib and metropolitan, at the death Matthew, not quite the way it works.
John Haynes, Burnham on Sea, Somerset, UK
I am sincerely shocked to read comments such as "The EU is a socialist, anti-democratic, unaccoutable, centralising and corrupt bureaucracy." I am grateful to the EU for how our daily lifes are so much easier, if you need to travel across countries. I do hope that British people might stop being so Euro-skeptical and embrace change and being part of a large group of countries that enjoy democracy, freedom and equlity. I am blessed to be a EU citizen and everyone who is not should look back at the worst pages in the book of our great, common, shared, European history.
Enrico, London, Uk, EU
William, London, your contentions are diametrically self-contradictory. This Labour Government, under our perfect and flawless Parliamentary Democracy, offered a Referendum to the electorate, and the electorate voted, very specifically, to mandate this Government to hold one during their period of office. Whether you agree with referenda or not, you lost that argument years ago, and therefore the public have a right to expect, and the Government a duty to enact, the referendum. To do otherwise, as seems to be the case, is to go back on a clear and unambiguous condition of their access to power.
You yourself may not agree that the 'Treaty' as referred to is not the same as the rejected 'Constitution'. However, several senior European Leaders and the Government's own scrutiny committee do not agree with you, and therefore I'd say their views hold more weight. The constitution\treaty is one and the same thing.
A referendum is due, this government were elected to give one.
Tony Miller, Southsea,
Dear Matthew Parris
Just add my name to those who wish to point out to you that this country DOES have a constitution - the rules of which were broken when Edward Heath signed the 1972 treaty in Rome taking the UK into the incorrectly named 'Common Markey'..
Derek Hunnikin, Chichester, West Sussex
Europe referendum:
You say that decisions about the EC are not irreversible because we can kick our Government out. You also say that it would be unwise for a Conservative Government to propose reneging on an already ratified treaty.
Since the EC doesn't seem to reverse decisions once they have been taken I don't quite follow your logic.
Colin Parker, Saffron Walden, Essex.
Colin Parker, SAFFRON WALDEN, Essex
It is interesting that your commentators from France seem more against the EU than many of the UK contributors. Is this an evil EU plot to get rid of us? Let's face it we are a bit of a pain.
Paul Odtaa, Richmond, UK
I find domestic cats highly needy and annoying.
We should all welcome the cat ban.
When will we also have the goldfish ban?
Goldfish - another silly idea.
And without the N.Trust would we still have those forgetful little critters sailing around in our livingrooms? I very much doubt it.
Since they set up their hospital in O.St, the numbers of goldfish has risen to risible proportions and I welcome the kind offer by the EU to take all our goldfish and turn turn them into plumbers. Why has the N.Trust proven incapable of such lateral thinking?
s, london,
The prolem with Parliament, from an outsiders point of view, is that the M.Ps have to jump when the Party Line says jump.This means that instead of a number of wise men debating a subject and coming to a conclusion, a small number of the more powerful tell the herd what to do. I am in favour of referendums because I do not trust politicians as a group although, the are some fine individual ones. The Swiss model is not perfect but I prefer it to ours.
Peter Davis, Reading., Berks.
It seems to me you have your logic somewhat confused. If you are concerned about the way Europe may perform under this new arrangement, then you are better off not having had a referendum and leaving more opt out options. Having a referendum isn t going to improve the process, but it will the more commit you to the new European arrangements. In the alternative, a rejection leaves you no immediate means of resolving the resulting hiatus, as the French and Dutch are presently appreciating.
Henry Percy, London, UK
It's all very well saying we can elect a government or vote them out if we don't like what they do. But what happens during the their elected term 5 years of office? You, Matt are suggesting that we trust them, based on their pre-election manifesto, to do what they said they would do. Well, we have done just that and look where that has got us.
Labour has been importing votes for 10 years - just look at the immigration figures and boosting their client base for the same period - just look at the increasing numbers on benefit.
A referendum is the scourge of the dodgy politician and that is why Broon won't have one. Maybe his next try will be to abolish all the opposition parties as being redundant, just as Mugabe did 20 years ago.The Zimbabwean president said there was no need for them or a vote on the matter. Had he held a referendum then, I feel things there would be better now.
It is no democracy that allows its government to renege its manifesto pledges with impunity.
Terry Harris, Brighton, UK
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