William Rees-Mogg
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Gordon Brown, in common with all other Labour MPs, was elected on the Labour Party’s 2005 manifesto. Far and away the most important constitutional provision of that manifesto was the promise to hold a referendum on the European constitutional treaty. That commitment had no qualifications or escape clauses. It was a contractual term of the general election. If there is no referendum, that will be a breach of contract between Labour and the British people.
The manifesto paragraph needs to be read carefully: “The EU now has 25 members and will continue to expand. The new Constitutional Treaty ensures the new Europe can work effectively, and that Britain keeps control of key national interests like foreign policy, taxation, social security and defence. The Treaty sets out what the EU can do, and what it cannot. It strengthens the voice of national parliaments and governments in EU affairs. 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.”
The constitutional treaty was voted down in referendums in France and the Netherlands. The British referendum was never held. The constitutional treaty was then replaced by the reform treaty, which has substantially the same content. As Angela Merkel, the German Chancellor, has said: “The substance of the constitution is preserved. That is a fact.” The Spanish Prime Minister has said: “We have not let a single substantial point of the constitution go.” The reform treaty is itself a constitutional treaty, which replaces the original constitutional treaty but with the same content.
Last week Mr Brown accepted the reform treaty but he has backed out of his party’s commitment to a referendum, on the false pretence that the two treaties are different. This is not an action in good faith. If he persists in it, he deserves to be removed from office. For a man to obtain an advantage by a trick is inherently dishonest. For a prime minister to do so destroys his covenant of trust with the people he is governing.
Most of the parliamentary gossip is not concerned with the morality of the Prime Minister’s conduct, though there is a moral issue. In the lobbies they ask the pragmatic question: “Can he get away with it?” I am not sure that he will. It is quite unusual for a prime minister to be distrusted or despised by a significant part of the population and regarded essentially as a cheat.
Successful leadership depends on respect, on the moral consent of the governed. Even at his lowest point, John Major never found himself in this position. He – disgracefully enough – refused a referendum on the Maastricht treaty, but he had never promised one.
There does, however, seem to be a constitutional as well as a moral obstacle to Mr Brown’s policy. The treaty recasts Europe to bring the EU much closer to a United States of Europe complete with a president, a foreign minister, an enlarged foreign service, a charter of rights and some 60 areas in which qualified majority voting will take over and national vetoes will disappear.
If the Maastricht Treaty seemed to be five minutes to midnight, this reform treaty is at least five minutes past midnight. So far as Europe is concerned, this did not look like the end of the old era so much as the dawn of the new one, in which a single European state will take over, and the independent nations will fade away.
Yet these key transfers of sovereignty from Westminster to Brussels seem to include powers that have been devolved to Edinburgh. One example might prove to be the extension of qualified majority voting in the area of tourism. Will Scottish tourism become a European competence, or will it remain devolved to Scotland? Further examination of the reform treaty seems certain to discover that it would have a far reaching impact on Scottish self-rule. There is no red line to protect Scotland.
The Scots had a referendum to approve devolution. Any substantial reduction in the scope of Scottish self-government would require a further referendum. Mr Brown is refusing a referendum to the UK. Can he also refuse one to Scotland, a nation with its own government and First Minister, Alex Salmond?
Can Mr Salmond and the SNP allow Scottish powers to be transferred to Europe without Scottish consent? If that consent were sought from the Edinburgh Parliament, would there be a majority to ratify the reform treaty, in respect of Scottish affairs, without a referendum? In the UK Mr Brown may have the power to refuse a referendum, but Mr Salmond may decide to call one in Scotland, as a powerful precedent for the referendum he is already seeking on Scottish independence. I do not see who could stop him – it would not be the Black Watch. Mr Brown does not have the capacity to coerce Scotland, even if his whips can still coerce the House of Commons.
It will be difficult for Mr Brown, or his successor, to work his way back from this situation. The real trouble is that the British people understand the reform treaty only too well, and want to reject it, just as they would have rejected the constitutional treaty. They think the EU is too centralised, too expensive, too bureaucratic, too remote, that it is insufficiently open, democratic or liberal. The British do not want closer integration, but more independence. The Government is chained to a moribund institution, lacking public support, the archetypal stinking fish. To cheat on his promise of a referendum can only make things worse for Mr Brown.

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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To M.J. of Truro,
You may be right that the rest of Europe does not want us and the sub-literate diatribe against Britain by the frog Rafale Thomas gives credence to that, however you both miss the
point.
Europe would maybe happier without us but they do want and
desperately need our money. At present there are only two
major net contributors to the EU budget, the Brits and the Krauts. Also a net contributor, to a lesser extent are the Dutch.
Without the British contribution theCAP(isn`t there an R missing somewhere in that acronym) which consumes 40% of
the EU budget could not be sustained. I don`t think the Germans could or would shoulder the whole burden.
This would have serious implications for France. At present
largely due to CAP subsidies, France`s contributions paid and
subsidies received are in balance. In effect zero contribution.
In other words a sponger. If the CAP collapsed, it would have a
devastating effect on the French economy. Think about that .
Denver Watt, Osaka,
Seem's a shame , the Scot's have campaigned to be a nation again for over three hundred year's and just as they acheive their goal ,they go and get swallowed up by the bureaucratic combine that is Europe. Now I know the Scottish people will not stand for that , so all is not lost yet and hopefully England will get their long overdue divorce from her partners .Shall we just be polite and cite irreconcilable difference's.No need to drag up ancient history .With luck England can say farewell to the other home nation's and Europe all in one go.
Nick Dixon, Sutton Coldfield, England
There's no-one under the age of 50 who has been allowed to cast a vote on our relationship with Europe.
No referendum on Maastricht was a disgrace.
The sting in the 1973/5 agreement was the common fisheries policy. Look what's happened to our fish stocks and fishing industry.
The sting in this one is common energy policy: majority European voting over North Sea Oil. An energy crunch is coming. Quite apart from the death of democracy, the death of British independence, you'll feel the loss of control over oil on every cold winter night.
GIVE US A REFERENDUM.
Andrew Forbes, Thames Ditton, England
mr mogg . breach of contract,honesty along with ethics and morality. how can such words be used when speaking about politicians and government. people in the u.k. seem to have accepted all the garbage verbalised by political parties and accepted it. may i suggest that what is required are a few demonistration of the more "active type". peaceful demonistration dont seem to work .
stephen baron, leith, tasmania
The EU reform treaty/constitution/call it what you like is hardly a question of 'national survival' (think France will be any less French in future? or Ireland Irish? etc...). Clearly, however, you Brits simply don't want to be a part of the European political project. Fine - then get out of the EU entirely and join Norway and Switzerland on the sidelines. You'd be happier, the rest of Europe likewise. To my knowledge, of course, the only major party offering anything like a referendum on the EU is the Lib Dems. Go figure.
As for the British obsession with retaining sovereignty over foreign and defence policy - hadn't you better get that back from the Americans first (before worrying about Brussels)?
M J, Truro, Cornwall,
We now hear the common EU tactic of suffocate all debate in mountains of bureaucratic detail and make Westminster MPs waste time on minutiae, ignoring the fundamental questions at stake. It is a disgrace to any 'democratic' nation that this utterly false imitation of 'debate' is allowed to stifle promised discussion of the major points of transfer of powers, great and small, and the justiciability of the red herring lines.
Hear this O Labour apparachik MPs: you sit in the Commons on the basis of your manifesto promises, and on this particular issue it was crystal clear. You have no valid mandate to deny the people a referendum, and to use the Commons as a Pantomime means you are further debasing and abusing historic democratic processes for your own miserable Party gain only.
Shame on the lot of you - this transcends party politics, and should be a wholly free vote. It is about the system of which MPs are supposed to be trustees.
Stinking fish indeed.
Tim, Oxford, Uk
I think as anyone who has watched and listened to Mr. Brown that he is not concerned about the general long term welfare of the British people, if not then it should be safe to say that he the prime minister Mr. Brown would have nothing to fear in the way of a backlash from the British people should he think that what he has done was in our best interest.
Should the contrary be then found out to be fact that he did not act entirely in our best interest I think that He should resign, one should not forget that when one makes a promise by giving oneâs word then one should stand by that, if Mr. Brown goes back on what he has promised he would loose credibility in my eyes at least, I could not trust him to be honest with my vote.
gary, London,
If Britain doesn't want the EU to become more efficient, it could simply go and let other countries to work together. Other europeans would not try to stop Britain. British economy would probably know a recession, but if Britons don't want EU, certainly Europe doesn't need Britain. Britons could stay alone, isolated on their island and let
Other european citizens are fed up with an unefficient Europe that cannot reform because one or two countries don't want.
Ratel Thomas, Brittany, France
Max, your 'tax money' don't make me laugh.
James McKenzie, Lossiemouth, Moray
please alex call a referendem and do the whole country a favour and as a scotsman put right what the other scotsman is doing wrong
gerry, london, England
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