Sunday, September 02, 2007

Something to Think about.

Keith Vaz, the Labour M.P. and former minister, has suggested holding another referendum on the European issue - but chiefly on the principle of membership - not on the important detail of the latest proposed revisions to the draft treaty. Frankly, his idea is irrelevant; in 1975 this country voted decisively by c.70% t0 30% to join Europe, so there is no point in revisiting that matter. Another irrelevance is the arid controversy, whether or not the present draft treaty is a "constitution," for either way its legal effect would be the same.

What is really at stake is the need to safeguard British interests in the European Union.The Government did negotiate for certain terms, specified as redlined issues, and proclaimed their achievement in obtaining these provisions as a triumph.Since then a number of critics and experts have studied the basis for that contention, and have concluded that the redlined terms are insecure and liable to be cancelled or overturned at any time, by the use of other provisions within the treaty. In effect none of Britain's apparent achievements are entrenched rights within E.U. law.

So far the Government do not appear to have answered these criticisms, so the inference is that the misgivings may well be valid. If the Government are genuinely
determined to safeguard what they claim to have gained in the negotiations, their
duty is to seek and secure the entrenchment of these basic terms. Three of them illustrate their importance:-
1. retaining control of the United Kingdom's fiscal policy;
2. guaranteeing our immunity from the equivocal terms of the Charter of Fundamental Human Rights; and
3. ensuring the U.K's unimpaired power to conduct foreign affairs.
The means of ensuring this outcome will require the other member states of the E.U.
to agree that the redlined matters are indeed basic and irrevocable provisions within the Union's legal system, and that the E.U.'s authorities, namely, their Parliament, the Council of Ministers and the Commission, all endorse that stipulation. The current draft treaty (as it is likely to be ratified later this year, after the Inter Governmental Conference) will need to contain a statement to the same effect. Finally
the U.K. Government will need to legislate in similar terms, but, before they do so, they would be prudent to hold a referendum, in which the electors could vote whether or not to accept the E.U.Treaty, including the guarantee, entrenching the redlined terms. It would help if the Government were to recommend an affirmative vote; the
outcome would almost certainly be a large majority in favour. It would be a powerful incentive to the E.U. member states and authorities to agree to the desired terms, that prospect, of a referendum in the U.K. on the draft treaty, and it would also show just how enlightened, responsible and pro-European the British Government and people truly are.

Michael B. Buck.