Isabel Oakeshott and Nicola Smith, Brussels
Star musicians and your favourite Times writers at the Albert Hall
Tony Blair is preparing to cave in to pressure to sign up Britain to a sweeping new human rights charter.
The prime minister is ready to do a deal over the European charter of fundamental rights this week amid fears that plans for a treaty to replace the failed European Union constitution will collapse if he refuses to compromise.
However Downing Street is pessimistic about the general prospect of a successful outcome to the EU summit, starting in Brussels on Thursday.
The charter sets out a series of rights and privileges in areas from the workplace to benefits. As well as enshrining the right to strike, it allows all employees to limit their weekly working hours, a law that does not apply in Britain at present.
Officially, Downing Street has said that Blair will not agree to the charter if it is legally binding. But yesterday lawyers for the government were drawing up plans for a fudge that could see the charter accepted with provisos. Whitehall sources conceded that lawyers were examining a “range of options” to put to other member states at summit.
A senior source close to the negotiations said: “For there to be a deal, we have to look at the options. We are giving ourselves flexibility. It may be we can look at this charter in a different way.”
Senior insiders insist that the measures under consideration will not contradict Blair’s promise to refuse to accept anything legally binding. They say he would sooner walk away from the talks than break his word.
But lawyers and politicians warned that any measure short of cutting the charter out of the treaty could lead to numerous legal challenges based on the new European rights. Government sources admitted that the charter already has “quasi-legal status” and is cited in European Court judgments, undermining any notion that it will constitute no more than a set of guidelines.
The author of the European constitution rejected two years ago by France and the Netherlands claimed a camouflaged version was being introduced behind voters’ backs. “The debates are being done secretly,” Valéry Giscard d’Estaing, the former French president, told The Sunday Times.
Last night the Conservatives claimed that voters would not be taken in and warned that a compromise on the charter would fuel demands for a referendum.
William Hague, the shadow foreign secretary, said: “Any fudge is likely to be highly unconvincing. In the past we have seen how these things ratchet up and our opt-outs are steadily eroded.”
Downing Street is also ready to agree to the creation of a permanent European president and a foreign minister who would speak for the EU on the world stage. Blair has denied that he wants to be president.
In a move that will intensify demands for a referendum, Blair is expected to agree that the EU should have a legal “personality”, giving it the right to enter into treaties. Whitehall officials are playing down such concessions, presenting them as little more than technicalities. They admit the charter is more controversial. Angela Merkel, the German chancellor who will chair the negotiations, is determined to make it legally binding.
The strength of support for the charter among the EU’s 27 members leaves Blair isolated, raising the prospect that he could be blamed for any failure to secure agreement on the treaty.
It is understood that Downing Street believes one way out would be to insert a clause in the charter declaring that certain elements will not apply to Britain.
This would enable Blair to claim he had stuck to his promise and avoided any element that could be used to challenge British laws.
Some experts warn that any mention of the charter in the new constitution will oblige British courts to refer to it in rulings on social, employment and human rights law.
A legal opinion drawn up for the TUC in 2005 by Professor Brian Bercusson, of King’s College London, concluded: “There will be no ‘protecting’ UK labour laws . . . from the impact of the fundamental trade union rights guaranteed by the EU charter.”
Timothy Kirkhope, a lawyer and leader of the Conservative MEPs, said: “Even if it is only an annexe to or a cross-reference in the constitution, it will be interpreted and used by lawyers in Britain.”
Neil O’Brien, director of Open Europe, the business think tank, said: “The charter would mean EU judges would rule on everything from working hours to abortion to your right to healthcare and what penalties criminals should get.”
Additional reporting: Matthew Campbell
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i remember when we joined the eu, we were told that it would benifit us in britain, i have seen no benifit to the british people and we are dictated to in every way by brussels. we have given practicaly all of our rights away as well as being told what we can do and not do.
with this in mind if we give any more power to brussels it will be the end of britain as we all know it. i personaly think this govrnment should not be allowed to give the eu anymore consesions away, withought the refferendum we were promised by this government. time to stand up and be counted , this is our country and the british public should have the final word.
g hare, hull, england
carefully crafted reporting in newspapers (presumably to sell more copies) doesnt inform the public it just plays to those with a particular political bias.
Just about all the points in this biased article play to right wing little englander fears. Proper, unemotional, disection of the issues seem to be impossible to come by in the British press. Only playing to irrational fears and the opportunity to bash Blair and foreigners at the same time seems to be the intent and judging by the comments it has succeeded.
mike gee, bournemouth, uk
With all the damage Blair has done to the UK why let him continue,?
Please do not let him take over the EU.
Wake UP people call for our Promised Referendum.
Far to many Beaurocrats are sitting pretty on huge salaries payed for by the poor of the world.
B Lockwood, Norwich Norfolk, Norfolk
Frau Merkel is accomplishing in the boardroom what one of her predecessors could not do on the battlefield.
Chris, San Francisco, California
It is simply amazing that as he leaves office his last big deal will be to sell out his country. The Human Rights issue is the big wedge the EU uses to control the sovereign nations. It is the great tool of the left. Have no doubt in your mind this is moral treason by Blair.
DANIEL SULLIVAN, ARRAIAL DO CABO, BRASIL
It will be sad to see Britain disappear, just as it will be sad to lose the "special" relationship. It is incomprehensible to Americans why you might wish to become the "New Jersey" or "Northe Dakota" of a united Europe instead of British and free. However, the choice is yours.
For America, the thought of dealing with a monolithic and socialist European bureaucracy is unappealing in the extreme. It bespeaks a dismal future, characterized by the endless nattering of the sullen yet dull Brussels aparatchiks who remain dedicated to the pursuit of mediocrity in the name mindless conformity.
You have our deepest sympathies!
HC Pitts, Tallahassee, Florida
The man may as well sell the country out on this issue, he has sold us out on just about everything else. We really should have been more grateful for his efforts.......not.
Judy , Liverpool, england
Tony could make this his legacy and do us all a favour !
He needs to propose that all outstanding E.U. budgets are audited, before any further business is commenced.
arthur marson, huddersfield, west yorks.
There's nothing that Europe and Britain more desperately needs that a European charter of fundamental rights. The first article should of course enshrine the right of the people to be democratically consulted before having further EU legislation forced upon them...
Jon (expat), Lelystad, The Netherlands
In England, New Labour lost the last general election, this is just part of our continuing punishment.
RW, Leeds, UK
Why the hell is Tony Blair signing anything of any significance in these remaining days of his premiership. These decisions are far too important to be rushed into effect by a lame duck Prime Minister. Can't somebody stop him?
caroline kennedy, San Jose, Costa Rica
My children and I are British and we have been the victims of disharmony between the laws of various European countries. I can only say that I agree, wholeheartedly, with a Human Rights charter that must be adhered to in all countries. As a British person living abroad , I would then know that these laws would protect my rights and those of my children regardless of where we are living.
kim domnick, Torquay, UK
"Senior insiders insist that the measures under consideration will not contradict Blairs promise to refuse to accept anything legally binding. They say he would sooner walk away from the talks than break his word."
I'm rolling on the floor laughing at that one and shall still be giggling on Monday morning.
Herbert Thornton, Victoria, Canada
Blair is signing away all our rights and independence, without giving us a a much promised referendum on these issues.
N. Simon, London, UK
The existing 'human rights' legislation has proved extremely unhelpful to the UK, in that in practice it has been very clearly interpreted in favour of terrorists suspects, illegal immigrants, and serious criminals, and against the rights of law-abiding citizens. Why has the opportunity not been taken by Mr Blair to repair these weaknesses when negotiating this 'treaty'?
Doug, Glasgow,
As a Canadian, Blair's actions take my breath away. Surely, no
matter what he "agrees" to, Mr. Brown may well not even bring
it before Parliament for confirmation.
Remember: In barely over a week he will be ex-PM.
Peter H. Salus, Toronto, Canada
It is Mr Brown we have to worry about, he sits there grinning, whilst Mr Blair further sells this country down the river, to make life easier for Brown, but not for us, the people.
Renate Critchell, Berkhamsted, UK
Can some one explain what mandate Blair has for this.
The real reason we went to war with Hitler, is we didn't want to be dominated by another Country.Super state Europe is doing this by stealth.
A Walton, Leicester, England
As an Ex-Pat I cannot believe the level that Blair has brought my mother country to. The country that I knew no longer seems to exist, and it almost seems as though politicians try to outdo each other in acts that almost seem like treason.
How in the world can Blair go to the EU meeting with any kind of a mandate to act on behalf of the British people when he is nothing but a lame duck?
I have suggestion though, and that is that he can come to the US. and join Bush on the scrap heap of history.
Michael Oyler, Fairfield Glade, Tennessee, USA
Thank heaven I emigrated is all I can say. Why the UK is so hellbent on surrendering its customs, judicial system, laws and underpinnings to a faceless bureaucracy in Brussels is beyond me.
Stan(expat), , USA
Why can't the British working person have the improvements as contained in the European charter of fundamental rights? Why are we against this? The EU is a force for good for the ordinary European person. It's protecting us from exploitation.
Peter Oliver, Southampton,
How dare Tony Blair use his last days in office to sell us down the river like this? We MUST now have a referendum on the EU constitution. Nothing else will do.
Nicholas Lee, Windsor, UK
How can you lawfully agree to a charter as long as it is not legally binding ? For if it is not lawfully binding then what is the point of the charter ?
P Ronald, Cardiff/Wales , U K
A final knife in the back for a great country ruined by him and his cronies,they should all be charged with treason.
Tom, Polesworth, UK
NO. NO. NO.
DWL, Bristol,
It is incomprehensible that Mr Blair has been allowed to remain in pseudo-power just long enough to take his revenge on our electorate by handing power away from our democracy to a stateless bureaucratic tyranny. If Mr Brown meant anything he has said about restoring Parliamentary authority, he would lead a resolution of no confidence in Mr Blair that forbad him from attending the imminent EU summit while organising a referendum on the proposed treaty/constitution before any negotiation continues..
JVC, Berkhamsted, UK
trust d'Estaing's interpretation of events-yes 100%
what has he to gain or other to gain from his staement that this is the (rejected) Constitution being served up as something else-as indeed Angela Merkel said it was.!!
Or Trust Blair????????? whose legacy strectches from;
the man of the failed Dome project (still costing £millions)
to Iracq..........
mike, oxford, england
Blair will do whatever is necessary for a shoe-in as President of Europe in 2009. His interests come first.
Tricia, Sussex,
Why is the EU the most undemocratic organisation in the world? Because everytime they go to the people they lose, so they don't go to the people.
Tony Blair is apparently prepared to throw UK sovereignty away as a final act of betrayal to his country. An EU president and treaty powers will signal the end of independent foreign policy for the UK.
EU Judges determining UK home laws will be the end of parliament as a credible body. New Labour only holds a mandate of 37% of the population, and even that was not won on the idea of giving up independence of the UK.
At what point of giving away your country to a foreign potentate against the expressed wishes of your countrymen do you become a traitor?
Andy Kelly, Thornton-Clevelys, UK
Blair has always weakly caved into on major EU issues,such as the immoral CAP and the rebate,why should it be any different now?
If you also believe that he fancies being the first EU President ,then it is a done deal. He will, as ever, break his word and sell Britain down the sink,yet again.
Rodney G James, Brasschaat, Belgium
I used to think that if Mr Blair did something appalling and/or unconstitutional it would cause Labour to lose the following election.
I have been wrong for 10 years and so may be wrong in this case.
If turkeys are comfortable why should they worry about Xmas?
Brian Gilbert, HAMPTON, Middx
If the politicians had any real faith in the EU then they would allow us a vote. The truth is that the public would reject it in a heartbeat and Blairnknows it too.
So, we have to ask ourselves, how can it be that one man alone can go against the wishes of millions?
The European Union is communism in all but name and must be brought down at all costs.
It's not an impossible task, and if the people of Eastern Europe can bring down the Soviet Union then we in the West can do the same to the European Union; we can, we must and we will!
Andrew Murray, London, UK
Buonaparte failed, Mussolini and Hitler failed, but Blair looks like his might succeed. Walk up Britain, your future could be changed for ever, while you stand and watch.
RJ, UK,
As no administration can bind another in British law the same must apply to Treaties. Accordingly any future administration can independently withdraw from any agreement made by the current government.
There can be no doubt that the vast majority of the people in the British Isles want to control their own laws and not let foreigners tell us what to do.
E Trevor, St Helier, Jersey
Stupid as I am,I do not understandl these EU human rights charters. My point is why is it that England is allowed to be such a target for immigrants. I have a born and bred English friend living in the west coast who is unemployed, with three kids and no future because jobs are being taken by cheap labour. Because of the lack of employment opportunities he and the kids are being evicted by a private landlord. The council will not re house him because (they say) he doesn't qualify. Three kids (two girls, one teenage boy) and no money coming in and he doesn't qualify for council housing. And why? because of emergency housing. Emergency housing being the 'unsaid rule' for immigrants being first choice for any available homes in England. So stupid as I am,where is the human charter for an Englishman and his family down on his luck in his and his family country of birth. I'm stupid because I voted for this goverment. And I'm stupid because I still believe charity begins at home.
Billy, London, England
11 days to go (Blair said that he his going on the 27th) and in these last minutes he's making lasting commitments on behalf of the UK? He wont be around to explain himself or to justify what he's done. The man has a pathological lack of respect for his constitutional position and entire lack of shame.
Bob T., London, UK
Blair wants the presidents job what ever he says, and
he will dump on anything or anybody to ensure he is a front
runner for the job.
Barry Holmes, Christchurch, New Zealand
Why are there "fears" that unless Tony Blair gives way the proposed treaty will collapse? OK just let it collapse. Why is there this great rush to "do something" rather than just leave things alone?
D.L. Stephens, York, England