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
With reference to that part of the Labour manifesto that you quote, it seems clear that the Labour intentions then were with regard to the acceptance of the electorate. The present situation is clearly the product of a realisation, after the French and Dutch experience, that a referendum approach is a mistake and necessitates a change.
If it is clear, on the balance of the probabilities, that the average voter is not qualified to understand the issues involved in the treaty, as I submit is the case, would you still want a referendum? If so, why?
Henry Percy, London, UK
I fear that Mr Brown does not (along with the EU) care what we mere voters say or do. If Brown is removed from Number 10 that will hold no fear for him as a very well paid sinecure is awaiting within the EU for him.
His ego might be slightly bruised, but his paycheque and ability to weild power over us will continue. Thus, he has nothing lose by resisting our will and handing over more power to the EU.
The only solution is to leave the EU and its self serving gravy train riders.
robbo , London,
To promise the British people a referendum on the European Treaty in the Labour manifesto and then deny us that opportunity when the Treaty is finalised is just not acceptable. We still expect our prime ministers to be honest and truthful, and put the interests of the people above politics. Gordon Brown would be best advised to keep faith with the British people or he will be voted out at the next general election.
Paul, Hampshire, UK
The Prime Minister talks of "red lines", but the letter ´n´ is surplus.
Tim C, Southern England, UK
What is Our Lord Rees-Mogg doing lecturing us on democracy? Who elected him?
Robert, London, UK
Rees-Mogg is right to say we should have a referendum but there it stops.
He says "..(the British people).. 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."
Here we have too many adjectives, too much presupposition and too few facts and too few numbers. Most British people think that their parish council, their county council and the UK government share all these faults. Mr Rees-Mogg should cool his invective and reflect that the EU has ended conflict in Western Europe, permitted a long period of growth and prosperity and managed the collapse of the Sovier regime by the painless absorption of the states of Eastern Europe. These are formidable achievements and entirely in line with British interests. This record can and should be defended before the British public and the perennial argument about our place in the world put to rest.
stephen Bull, fontes, France
The public have I am afraid now reached the point where they do not expect any government to take any notice of their wishes on any major issue. They have no say in the future of the country.
The point in voting is to obtain whatever personal benefit is on offer.
Politicians have the public where they want us - played on a line with the promise of handouts from the growing tax extractions.
Mike Newland, London, England
There's no way out of the referendum pickle.
The Labour manifesto promised one so it ought to happen.
Problem is the result would be to reject the EU treaty and Brown's short premiership would be toast.
By refusing to have one, Brown is only ensuring he gets to be PM for about two more years before he's toast. Who will vote for a party that doesn't honor their manifesto in order to cling to power?
No one, that's who....
Brown's toast either way and the amusing thing about it is that Brown's been around long enough that he shouldn't be making these kind of mistakes, so what's the deal?
However, if the Scots hold a referendum and the treaty is defeated, well, then that result would be almost too delicious to contemplate.
Call the referendum, Alex.
Jim, Milwaukee, USA
As a more-or-less supporter of both Mr Blair and Mr Brown, I am concerned at this bald reneging on a manifesto promise. It is by no means as cut and dried as Sir William and his colleagues at the Daily Mail believe that this referendum would be lost. All the more reason for Mr Brown to stick to his promises and hold it.
Tom, London,
Interesting enough, although it is worth pointing out that under the Scotland Act there is, of course, no requirement whatsoever for the UK Government to consult with either the Scottish Government far less the Scottish people should they decide to sign and ratify an international treaty. We Scots, like the rest of the UK, are subject to the sovereignty of the UK Parliament on this matter. Nice try by Mr Rees-Mogg, but sad to say the Scottish card is a somewhat "shoogly peg" on which to hang the salvation of the British constitution...
Drew, Edinburgh,
To say the manifesto is a "contract" with the British public is absurd. It's cobbled together for an election: I doubt if more than 1 in 100 Labour voters read it, let alone anyone else. Only 38% of the voters voted Labour - if it was a contract the obligation would be not to honour it. No government has ever taken everything in their manifesto as an obligation - they choose want they want and ignore the rest
Richard Outhwaite, Guernsey, Channel Islands
we dont care for nu-labour from what i read in opinions by the public in letters and blogs. but who have we to replace them. that is our problem. the tories are ineffectual weak and the prols show no interest even if they have the chance to vote.
so god help england. scots seem to do well on our tax money
and will have a referadum on the eu const.
max bernstein, london, uk
Anyone fancy organising an EU referendum march in London? A million plus people on the steets of the capital would give Brown pause for thought perhaps? But then again it would probably be banned under the prevention of terrorism laws.
Jon Burgess, Douglas, Isle of Man
I think the Express summed it up the other day with the headline reading..."The Traitor".
Whatever, people thought or said about Blair1, nobody appeared to call him a traitor (although if he had stayed around and followed the current course he's probably have got there!).
The interesting thing will be if the SNP get their referendum and "british" gordo gets to vote in it as an individual in his own constitution... leaving the rest of us without a vote.....
arthur, brighton, sussex
If a government is elected on the basis of a promise in their manifesto, surely there is a LEGAL as well as a moral obligation to carry it out?
There must be some lawyer who can explain what the possible chances are of a legal challenge to this cowardly betrayal of trust.
Patrick, Newcastle, England
With comments like that from N Lee is it any wonder there are people who doubt the wisdom of a referendum. From where I am there is no difference between politicians governing me from Brussels or Westminster whoever is in power.
mike gee, bournemouth, k
If this government does not listen to the people on this issue, then it's time to take to the streets. This is much, much more than a political issue. It is a desperate matter of national survival.
Nicholas Lee, Windsor, UK
Unusual it may be for a prime minister to be 'distrusted and despised by a significant part of the population and regarded essentially as a cheat'. However, we should be used to it by now: we have had ten years experience under the Blair/Brown coalition.
Paul Whitfield, London, UK
There's no point in Brown's promised line by line dissection of the Constitution by parliament - we all know already how that shower are going to vote. They will vote for their jobs
John Ledbury, Kings Lynn, England
Brown's ultimate problem is that he deems us all stupid. And in that he is wrong. Hopefully he will get himself so loathed both within and without parliament, that neither he nor ZaNu Labour will be tolerated again.
Please.
Jeremy Poynton, Fromeville, 51st State
Another collossal lie. Another collossal betrayal. Gordon has learned from the best over the past 10 years and why not. The British people just roll over and say "stick it in again" labour.
Paul, maidenhead, UK
When you mention, "They think the EU is too centralised, too expensive, too bureaucratic, too remote", that's always what we Scots have thought about the corridors of power in London. The problem is if the SNP look for any possible way to create independence by getting into bed with the EU, what if all that does is give up one set of controlled chains for another. I'm all for independence, but not at the expense of our independence.
Lee T Millar, Glasgow, Scotland
Can Brown be impeached?
Henry, London, UK
A copy of this should be sent to all members of paliament.
COLIN , Hong Kong,
Brilliant article as always. The Labour & Liberals are moving
in the opposite direction of the British people over Europe.
sooner or later this must have electoral consequences.
The SNP could be the winners in Scotland and the Tories in
England. For along time the vast majority of people were
disenfranchised over Europe, with only fringe parties to speak
for them. But now everyone can clearly see that the European
Union is starting to resemble the old Soviet system, and the
Tories quite rightly can now see that Britain in that, will not be
able to compete in a world moving the other way. The only
way to keep the British people in this emerging Soviet
European Union is by lies, deception and ultimately force.
We are so mentally unsuited to this system, as our whole
history has been one of fighting for freedom against tyranny.
unsuited to this system as our whole
history has been one of fighting for freedom
Philip, Dorset, England
Hear hear, and more power to the Scots on behalf of all of us, the Irish too since they will have the referendum we will be denied. Once more Mr Brown is being too clever by half with his talk of red lines and standing up for Britain but not nearly clever enough. The British people see through him. We want you to consult us, not patronise us Mr Brown. If you don't then I can guarantee that you will not get away with it. I and many others will not forget this betrayal, this cynicism and casuistry from the man who promised us an end to spin and a big tent across politics. The honeymoon is well and truly over. Prepare for a very rough ride.
Paul Owen, Birmingham, UK