William Rees-Mogg
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There is considerable agreement that the European Union badly needs reform, including constitutional reform, but there is a division between Britain and Brussels about the direction that reform ought to take. It is a question of who should get the power: Parliament or bureaucrats. Most British people want to to see a more liberal Europe, with more democratic values. What they now see is an increasingly bureaucratic Europe, in which power is still moving towards nonelected bodies. The proposed constitutional treaty, which will be renegotiated at the Berlin summit in June, would centralise power even further, taking it from elected national parliaments and giving it to the nonelected bureaucracies. The British thought that they had the safeguard of the guarantee of a referendum; that is now in doubt.
Election manifestos are a sort of contract between the parties and the voters. Since 1945 there has been a doctrine of the election mandate. The party that won an election had a right to carry out the legislation that was specified in its manifesto. Such policies had the weight of democracy behind them.
The terms of the manifesto contract are binding on both sides. Circumstances do change, and governments must be allowed some flexibility in carrying out their programmes. Yet, in principle, governments are not entitled to include promises in their election programmes, and then, if they win the election, just forget about them.
Such changes of policy will always look bad, but they range in importance from allowable flexibility to gross electoral, or even constitutional, deceit. In the end, the voters will decide whether they have been conned.
Last week the Prime Minister let it be known to some European journalists that he was no longer standing by his 2005 commitment to hold a referendum on the European constitution, which has itself been defeated in the Dutch and French referendums. Angela Merkel, the German Chancellor, is now trying to resurrect the constitutional treaty, in a modified form, but with unchanged legal effects. She has circulated the European governments with a memorandum, which includes this rather disingenuous question: “How do you assess the proposal made by some member states to use different terminology without changing the legal substance?” It is clear from this letter thatMs Merkel contemplates rewrapping the constitutional treaty without altering the contents of the parcel.
Tony Blair now argues that Britain would not need to have a referendum, because the revised version would not involve constitutional changes. He cannot possibly know that, at least until negotiations have been completed in Berlin. Plainly, Ms Merkel wants real constitutional changes; for her, the revisions of the Treaty would be cosmetic, designed to avoid the need for referendum in Britain, France and the Netherlands. Once again, Mr Blair is more concerned with spin than substance.
At the 2005 general election, Labour and the Liberal Democrats were both in favour of the Constitutional Treaty, and the Conservatives were against it, but all three parties committed themselves to holding a referendum. This was the specific statement in the Labour manifesto: “It is a good treaty for Britain and for the new Europe. We will put it to the British people in a referendum and campaign wholeheartedly for a ‘Yes’ vote to keep Britain a leading nation in Europe.” That is an unqualified commitment; there is no reference to the possibility of ratifying the constitutional treaty in some amended form, but without a referendum.
The European powers, who are involved in the Berlin renegotiation, need to be aware of the British constitutional problem that Mr Blair has created for himself. He — or his successor — could secure public ratification for a renegotiated treaty, if he carried out Labour’s manifesto commitment to hold a referendum. Such a referendum would, however, probably be lost. His successor could change the 2005 commitment, if he called an early general election and included a manifesto commitment to ratify the new treaty through the parliamentary route. However, such an election, without a referendum, might also be lost. The EU is not popular, nor is the Government.
The third possibility is that Gordon Brown might tear up Labour’s commitment to a referendum and use the current parliamentary majority to ratify the treaty; in that case, there would be no referendum and no election. However, the Tories are opposed to the present treaty, and to any treaty likely to be negotiated. There is no reason why the Conservatives should not maintain their commitment to a referendum. In the event of a Conservative victory at the next general election, they could then hold a referendum, with the new Government advocating a “No” vote. Britain would then be free to withdraw from the operation of the new treaty, which would not be binding in British law. If Labour ratifies without a referendum, the Conservatives will be free to overturn that ratification.
The latest possible date for the next general election is June 2010. The Berlin summit will come three years before that date. June 2010 is, therefore, the earliest date at which the European governments can be sure to know the mind of the British people.
What is the real argument against a referendum? It is simple and compelling. The advocates of a constitutional treaty believe that they would lose a referendum. They think the British voters would vote “No”, and they are not prepared to risk it. So they want — as Mr Blair wants — to ratify the proposed treaty against what they consider to be the will of the British people.
I do not doubt that they are correct in their view. The European Union has developed as an over-centralised, over-bureaucratised structure. In Germany the EU is now responsible for 84 per cent of legislative acts, with parliamentary democracy left with the other 16 per cent. The same, or something like it, is true of Britain. The EU bureaucracy has become a burden for the European nations. The constitutional treaty would only make that worse. The British have been promised a referendum. The electorate should hold Labour to that promise, or make it pay a heavy price in votes.
William Rees-Mogg has had a distinguished career with The Times and The Sunday Times. He was Deputy Editor of The Sunday Times before becoming Editor of The Times in 1967, a position he held until 1981. He was made a life peer in 1988. Since 1992 he has been a columnist for The Times, writing on a variety of issues. He has also been chairman of the Broadcast Standards Council and British Arts Council
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The EU, particularly it it expands further will eventually implode. The present bureaucracy cannot cope with the mass of regulations which are blatantly ignored in many EU countries. The accession of Turkey would be the final straw. I wonder if any of our Politicians have ever visited the poorer parts of the Balkan countries, let alone Turkey and explained how these can be absorbed without a large drop in living standards of the more prosperous countries, These would have ti pour huge sums into the EU to finance any improvements in the bottom level of the peasant population in the poorer ones. This may be laudable, but the taxation rise necessary would be unaccepotable.
K Wells, Bognor Regis, Sussex, England
The efficiency of the EU is one thing, particularly when it comes to competing in open world markets. The EU probably produces certain comparative advantages for the EU as a whole and for specific portions of it.
The quesiton of democracy v. bureauracy (elites) is completely another matter. It appears that some want to decide what the General Will is and then act on behalf of it. Some seem to go so far that they, the Superior Minds, have a duty to lead the great Unwashed where they would want to go if only they knew enough to want to go there. It really does sound like something from Fire in the Mind by James Billington. Also, the tone with which some elites refer to the general public reminds one of the tone of the elites in Mexifornia by Victor Davis Hanson. It could put the European people on a collision course with its elites, something that is happening in the U. S. as the Left Coast elites team with with other elites to push the Great Unwashed in certain directions.
James , Jacksonville , Illinois U. S.
The EU may necessarily be bureacratised but your comments on the democracy aspect are altogether mistaken. We have a Parliament in this country consisting of members over whom the population has no choice except a rubber stamp vote, and is now widely agreed to be powerless and irrelevant in the face of the executive; a handful of people who decide the business. They can, and do, do this in the interests of the small percentage of people who own most of the property in this country. This cannot be the same with the EU. It may have a similar bureaucracy to ourâs, though I donât believe it is as large, but it is bound by the very diversity and multiplicity of the EU to be effectively more democratic than this countryâs government.
As to the constitution or treaty, it can easily be seen whether or not this is in the general interest of the operation of the EU. This can be explained to an electorate if it is felt necessary to have the irreversible authority of a referendum. Otherwise it can be agreed by a free vote of the House of Commons. The Conservatives may inherently be the party of the minority property interest, but if they opt out of the EU they will be expressing their commitment to the former without regard for the broader advantage, not only of this country but of the rest of Europe.
Henry Percy, London, UK
The founding members of the EU saw the formation of a union of
European countries as a bulwark against nationalism and war.
The irony is that having gone so far without democratic approval and now actively avoiding referenda the union will collapse into civil war at some point as peoples band together to fight a
monstrous dictatorship. Such an idea may seem far fetched right now but how else can freedom be regained once lost to faceless and unaccountable powers ?
Colbeck-Welch., jersey, CI,
The most disturbing element of Mr Blair's refusal to hold a national referendum on any new Treaty proposals is his rejection before any details of these are known, thus imposing a faith accompli.
Secondly, it is not enough to argue as he does that a referendum is not required if the proposals are relatively minor and containing no radical change to the UK's relationship with the European Union of a constitutional order.
The plain fact is that after 32 years of EU membership it is the accumulated provisions and weight of all the treaties signed by successive British governments which have fundamentally undermined our own Constitution.
if the new proposals still include the provision "EU law shall have primacy over the law of member states" then clearly the point will have been reached when any British government must decide whether Britain is to remain a Parliamentary democracy, or merely a vassal state of the new United States of Europe.
mr graham wood, york, north yorkshire
Is the government of this country to be by "common consent" at Westminster or by "plea bargaining" in the EU ?
No matter what or how the gloss is put upon it,that remains the question to be answered.
It is of course that question that career politicans of all EU member states will evade and avoid now and forever.
I would suggest that you,Mr Rees Mogg,and your fellow movers and shakers have one last duty to perform.
Expose the nonsense masquerading as a United Europe once and for all.
Peter Bolt, Redditch, UK
Does the water always have to be up to the eyes of the English before they do anything?
I have lived in Brussels five years. Attacks on our sovereign rights here are everyday. The resistance offered by all the British MEPs at best can be compared to Dunkirk rather than D-day.
As an Englishman and a Catholic, I attend Mass tonight for the Feast of St George 400 yards away from the European Parliament. Perhaps he will do something effective. Nobody else is.
Christopher Gillibrand, Brussels in exile, Belgium
The referendum in France and Holland showed that the constitution was not acceptable to the people of Europe. So, the Commission and Merkel think that a constitutional treaty will give them the powers of the constitution without referenda. Blair will go along with it partly because he cares nothing about the freedoms of the British people but also because of the elegance of arranging the socialist transformation of the UK by subsuming it under the socialist EU with so few of the UK establishment understanding how it was done.
R Mason, London, UK
EU has to be a loose federal body instead of trying to make a bureaucratic Europe. Every nation has its own unique problems and solving them. Here one shoe fits all does not work.
Besides a centralized and bureaucratic EU will be just like a useless debating society like UN wasting every nations resources and energy.
Regards,
Krishna R. Kumar, Udupi, India
If the British Constitution means anything then it means that there is more powerful backing for its Acts than ordinary Parliamentary Acts. The only obvious means is a referendum perhaps requiring a majority of the electorate (not just the votes) of a certain percentage.
It is not sufficient to include Constitutional changes in a manifesto as politicians have shown they are not honest enough. They also often want the same thing at the expense of the electorate such as greater power or greater taxation.
As it stands Parliament can vote for absolute power and abolish elections as long as it has made sure the people are unable to physically resist it.
Brian Gilbert, Hampton, Middx
Are socialists so convinced of the moral rightness of their views that democratic principles should not be allowed to impede them? Or is the answer less gradiose and Blair simply sees the EU as the location for his new career?
Steve, Odessa, Ukraine
Maintaining global competitiveness will the key challenge facing the EU as we enter the 21st century. Does Chancellor Merkel believe that the best and most efficient structure to face such a challenge is a growing " over-centralised and over- bureucratised " EU ?
Surely, a 20th century political body, ruled by 19th century bureaucrats , can not be expected to meet an urgent 21st century imperatives, namely , fostering a climate supportive of adaptable , fast responding, entrepeneurial economies .
At present , Chancellor Merkel seems content with the opposite.
Enrique Hugo Bargioni, Miami Beach , Florida, USA
The EU is, once again, making it absolutely clear that it knows what it wants and is determined to have it, regardless of what the people think.
We too know full well what the EU wants - a single country called Europe, with all significant control of every aspect of our lives passed to the EU and nationa parliaments redundant.
It has been absolutely clear since the we realised what the EU wants that we do not want it.
What else could anyone n eed to know? Is it not perfectly obvious that we have to leave, while we still can?
Idris Francis, Petersfield,
There should be free trade and Britian should pull out of the EU.
Not that the Euros will ever allow such a thing to happen,
Neil Murphy, cromer,
The history of the twentieth century demonstrates what can happen when there is no democracy. In the Soviet Union 50 millions died, in Fascist Germany we had the six million victims of the holocaust, in Communist China 70 millions died.
Parliamentary democracy is too precious to abandon. Angela Merkel's wishes to build a United States of Europe can only be achieved by ignoring the wishes of the peoples of Europe. The French people and the Dutch people voted 'No'. If the Germans and the British were asked, they would also vote 'No'.
Frank McGarry, Lyme Regis, England, UK
It would be good to have a proper and grown up debate about the future of the United Kingdom in Europe with both sides showing the positives and negatives of membership on this great country.
If there is to be a new treaty let us debate the reason why it's needed, the impact of the proposed treaty on the UK and finaly let the great British public decide, that's democracy in action!
Alexander, Shrewsbury, England
Is the British government a nonelected body? Are you advocating giving the elected European parliament more democratic substance? Or is all this talk about democratic legitimacy and bureaucratic centralisation only disguising the fact that you dislike the European project altogether? Your European project is little more than the outdated European Free Trade Agreement.
H. Haubert, Merzig, Germany
Membership of the EU costs us a tad over one percentage point of GDP a year. It is very hard to see that this outlay is generating any particular return. For all the hogwash spoken about Europe, our economy has grown at a smidge over 3% per annum over the past 15 years, well below the US and other developed economies outside the EU, but about par for the course for the bigger EU states. So, it's a waste of money, it's strangling our economy, it buries in red tape and we aren't benefitting from it in any other way. What is the EU for? It's time to get out.
Mike James, London,
The European Union has a democratic deficit. This is easy to fix; the people of Europe must be able to directly elect both the European Commission and the European President. Without these reforms the European Project is doomed.
Ray Frowd, Cambridge,
What is the point of allowing people to have voting rights for the EU? Voting rights imply that the voters have a real choice about the course and progress of the EU. The reality is that the course of the EU has never been defined in the slightest by peoples votes. Peoples votes are unwanted because they do not arrive at the same answer as politicians wish to impose.
The moral solution is to remove voting rights for ordinary citizens instead of continuing the pretence that the EU is a democracy where the peoples views have any importance.
Derek Emery, Bedworth, UK
The people of Britain fought among themselves and with outside forces to secure and maintain democracy over many centuries.
Undeniably the more removed from the People a government is, the less well it serves them and the more self-serving it becomes.
The EU has many benefits but back door republicanism descending into oligarchy where Britain and other nations are ruled by a select elite "we know best what is good for you" is not one of them.
The EU must primarily be an association for trade and common interests. That does not require a Parliament - particularly one which has little popular support and is nomadic at vast cost to taxpayers, legal jurisdiction beyond areas of common interest, a hoard of unelected, richly rewarded officials "proposing" and insinuating upon us what meets their own tastes and narrow views, in order to justify their existence.
Give us back our local democracy!
John Bowman, Sarlat, France
I think England should simply leave the EU. Europe is also tired of a member which is not happy in, nor out, always wanting special treatment or special ways, always complaining. Just call it a day! This is a free Europe, no hard feelings.
Andreas Schultheis, Barcelona, Spain
Tony Blair ought to fall on his sword,because he's more than useless.He is selling out this Country.This is the man who wouldn't
give up any of our rebate. And then did just that..
A Walton, Leiceater, England
Euroscepticism will be the end of the Tory party.
Robert, London,
Blair is second to no-one in his haste to defer to everyone...except in the case of the British people.
Martin Morrow, Sheffield, MA, USA
If the EU is responsible for 84% of our legislation and Wetminster only 16%, why do we need so many MPs at Westminster? Given how little they now have to do, why can we not reduce the number of Westminster MPs by, say 50%? This would give considerable savings to taxpayers that could, for example, be used for improving schools and hospitals.
David Craig
Author: "Plundering the Public Sector"
david craig, london, uk
Firstly the British should clean up their own backyard before preaching democracy to the rest of Europe - cash for honours, the BAE scandal, increasing govt centralisation and ever more quangos. Secondly they should stop whinging about how beastly the EU is. Thirdly respect the different forms of democracy in Europe, for example the federal system in Germany. Fourthly stop over simplifying, for example claiming that 84% of German legislation is EU instigated, when the legislation is actually approved in the first place by the council of ministers. Really Rees Mogg should be ashamed of such manipulation of facts. And finally, of course Merkel wants a constitution , Germany has one, how can she say no! And guess who gave this to Germany. Good lord it was the British and the Americans. So what is sauce for the goose,,,etc....etc
John Walter, Bonn , Germany
"The electorate should hold Labour to that promise, or make it pay a heavy price in votes."
How do we hold the EU bureaucracy to account when all three of the main parties are europhilic to greater or lesser extent? It is not just Labour that is the problem here but the Conservatives too. Red Heth got us into the EEC (as it was then called), Margaret Thatcher made noises but agreed the Single European Treaty, John Major signed the Maastricht Treaty. What would Cameron do if faced with a new European Constitution? On past form he too would sign on the dotted line.
Time to emigrate to Australia if you can!
Adrian Gilbert, Tonbridge, England
Shirley in Canada.... de Gaulle vetoed Briatain's application not because he thought us non european, but because he thought (right;y, i suspect) that the UK would never allow the CAP to be implemented in its current form, hence pouring millions of pounds in subsidies to French farmers.
And I note that you don;t criticise France and the Netherlands and think they should leave the union - it was they, after all, who scuppered the Constitution, not the Brits. No one wants to seriously see the UK leave the EU - it needs our money and it's too risky to see a major economy survive outside and hence shatter the illusion that we all need this economic bloc. It would be the start of the finish perhaps.
Last thing, Shirl, if you are going to spout anti- British bile, at least be honest about it being exactly that.
Stuart Murray, Amsterdam, Netherlands
"It's time for the Brits to leave us". Who? Canada? Are they in the EU?
Most Britons criticise the EU because it is non-representational and inefficient in government. Most also see the necessity for it to develop, but not in the way that was set out on the constitution. It was too bureaucratic, centralised and socialist for most Britons' palate.
As for your inferred love of continental Europe, and clear dislike for the Anglosphere; I suggest you move to Quebec.
Nick White, Edinburgh, UK
Shirley you seem to be ok enjoying the fruits of the Anglosphere?
tom, Sydney, Australia
Could you give even one example of how the planned new Treaty would increase centralisation? You couldn't because it doesn't. It does the reverse in fact, eg by improving the voice of national parliaments. tell the truth, plase. You're not opposed to this Treaty. You're opposed to the EU. You would withdraw and leave Britannia naked before the world.
Mod, London,
I enjoyed Shirley's rant,although it is not at all clear whom or what she wants the British to leave. She seems to forget that the French electorate voted massively against the Constitution followed by an even more pronounced rejection in Holland.Labour promised a referendum in Great Britain and should honour that promise.
Shirley is lucky even if on a temporary basis to be in Canada,part of the North American Trade Area and in addition to be protected by U.S. armed might as part of NATO.
Anglosphere indeed!
Michael Henderson, Paris
henderson, paris, france
"Go now, join Oceania -- aka the Anglosphere -- led by America.
Shirley Jackson, Oliver, BC, Canada"
Yes British Columbia is in North America....if only were outside the EU too !
TomTom, Leeds, England
Charles de Gaulle was right when he vetoed Britain's application to join the European union. It's time for you Brits to leave us. Nobody takes seriously your criticism because we know you Brits want to stop the union from developing. Go now, join Oceania -- aka the Anglosphere -- led by America.
Shirley Jackson, Oliver, BC, Canada