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Friday, April 30, 2004

Wrong England?

BERJAYA
On page 16 of the Conservative party European election manifesto, there is a colour picture of three fishing boats moored at a jetty, used to illustrate the Tory policy on agriculture and fishing (reproduced above).

At first sight, it looked as if congratulations were due for the Party's diligence in finding enough boats to photograph from Britain's dwindling fleet. However, on close inspection, it turns out that these are not British boats. Nor indeed are they from any EU member state.

In fact, the boats are almost certainly, from their unique rigging, North American, and not just any old part of America. They are from New England. Has the Conservative Party got the wrong England, or does this signal Mr Howard's intentions for when we leave the CFP? I think we should be told.

Check it for yourself, here.

EU fisheries control agency

Source: Commission Press Release [IP/04/556]

There as been much talk about the weakness of the commission and some pundits are claiming that the "Monnet method" of gradual integration is dead.

If any evidence to the contrary were needed, this is it. Quietly, though its agency programme, the commission continues to extend its powers. Step-by-step, it is extending its remit from simply proposing laws and leaving Member States to enforcement, to taking a direct hand in enforcement.

Make no mistake, this is a quantum leap in the power of our new government. Particularly sinister is the establishment of an EU fisheries monitoring centre. control is slipping out of the hands of the Member States.

Text as follows:


The European Commission has proposed the creation of an EU Fisheries Control Agency, to improve compliance with the 2002 reform of the Common Fisheries Policy (CFP).

The agency will strengthen co-ordination and enforcement efforts by pooling national fisheries control and monitoring resources. It will organise the deployment of surveillance vessels, aircraft, vehicles and other equipment as well as inspectors, observers and other staff.

Joint deployment plans will be agreed by the agency and the member states concerned on the basis of identified criteria, benchmarks, priorities and common inspection procedures. Multinational teams will be set up for onshore and at sea inspection in identified areas, and on identified fisheries and fleets at given times.

The agency will provide support to the member states in meeting their responsibility not only in EU waters, but also in relation to fisheries agreements concluded with non-EU countries.

It will be active on the high seas under international control and inspection schemes agreed within the framework of Regional Fisheries Organisations such as the North-west Atlantic Fisheries Organisation (NAFO) or the North East Atlantic Fisheries Commission (NEAFC).

Other tasks include the training of inspectors, provision of equipment and services for control and inspection, and co-ordinating the implementation of joint pilot projects to test new control and inspection technologies.

To help the agency in its tasks, an EU fisheries monitoring centre, using satellite-tracking technology to provide information on the movements of EU vessels, will be established.

UKIP to spend £2 million

Press Release

UKIP is set to spend £2m on its campaign for the European Parliamentary elections after a MORI poll showed the potential vote for the Party’s position on withdrawal from the European Union running at up to 35 percent.

The Party spent £400,000 in the last race for the European Parliament and got 8 percent of the vote. Its leader, Roger Knapman, noted that “we have already spent upwards of £700,000 of which more than half was for the billboards that will run through June. We expect to spend a total of £2 million, five times what we sent (sic) last time.”

In its survey, MORI asked 1,947 voters whether they would be more likely to support a moderate, democratic Party which advocated withdrawal from the European Union and an end to unlimited EU immigration. Forty percent of respondents said they would.

MORI then told voters that the UKIP was advocating such policies, and if it were the only party to do so, how would they vote on June 10th? The results were Labour 27 percent, Conservative 18 percent, Liberal Democrats 15 percent, UKIP 35 percent and Others 5 percent.

UKIP Chief Political Strategist Dick Morris said, “The purpose of this poll was to establish the maximum boundaries of UKIP support given its opposition to the EU. The survey establishes that the UKIP could, in theory grow substantially and I believe it will certainly substantially exceed its 1999 vote total.”

Ouch...

This note has been issued by Lib-Dem MEP Bill Newton Dunn concerning Roger Helmer:

"For those who enjoy challenging his weird views, he is scheduled for a live phone-in on BBC Radio Nottingham in the morning of Friday 7th May".

Helmer has responded in his typically robust style:

"Perhaps your Euro-realists would like to know that anyone who believes in democracy, sovereignty or the independence of their country is considered 'weird' by East Midlands Lib-Dem Bill Turncoat Dunn".

Helmer 1, Bill NewtonDunn 0?

For Europe’s sake…

Comment

A nice bit of rhetoric from The Telegraph leader… “For Europe’s sake, we must vote no”. But the writer, nevertheless, is getting himself (herself?) into a muddle over the status of the constitution and the treaty. He refers to the claim that this “Constitution for Europe” is established by a treaty which has allowed its advocates to claim that it is not a constitution at all, hence cannot create a superstate.

This, in fact, completely misses the point. As early as 1977, the European Court of Justice confirmed that the Treaty of Rome amounted to the ‘internal constitution’ of the Community, which member states were bound to obey (CJEC, opinion 1/76 of 26 April 1977, ECR 741). To that extent, the EU already has a constitution and, by like measure, the Treaty of Rome and subsequent treaties have become part of the constitution of the United Kingdom.

If these facts are not terribly helpful to the cause of those who would wish to present the draft constitutional treaty as something special and different, so be it. But, as it stands, the treaty which establishes the constitution is indeed a treaty, and has exactly the same status as the earlier treaties. Therefore, should Parliament remove its assent, and decide specifically that this and other treaties should no longer apply, that is the end of the matter. And, in that sense, Parliamentary sovereignty survives intact.

By raising the issues that it does, in the way that it does, therefore, The Telegraph does us no particular favours. The Europhiles have long complained that we view the EU as something which “them over there” do to us, instead of accepting that the EU survives because of the assent, and continuing permission of Member State governments.

The EU is not being imposed on us, as such, and neither will be the constitution. It will apply because our own elected representatives permit it to apply. The responsibility, therefore, lies not in Brussels but in Westminster. Many MPs hide this from us and themselves would like us to continue focusing our attention on Brussels. It would be helpful, occasionally, if they were reminded of their own personal liability, not least by The Daily Telegraph.

To read the editorial, click here.

And whose fault is that?

So Daily Telegraph has now discovered that, on “Europe” it is a matter of “Don't know, don't care”. Its YouGov poll shows that 76 percent of respondents knew little or nothing about the draft constitution, with a further four per cent who did not know whether they knew anything about it.

But whose fault is that? For many years, the media and politicians have conspired to avoid talking about “Europe”, dismissing it as “boring”, while resorting to banal inanities and slogans instead of addressing the real issues. The many people who have been shouting from the sidelines about the importance of the issue have been dismissed as “nerds” or extremists.

To a very great extent, therefore, the chickens are coming home to roost. After years of neglect, when the referendum vote is of vital importance, the bulk of the British public have switched off.

However, this may also be because the referendum will not be for at least eighteen months, with people deciding that they are not going to get excited about something that is in the distant and indeterminate future. They are content to leave it to the “nerds” and the “clever-dicks” for the time being.

Nevertheless, there is some comfort in the poll which also finds that that, if the referendum were held now, 51 per cent of those questioned would vote “no” and 23 per cent “yes”, with 21 percent of “don’t knows”. But the more crucial finding is that those who plan to vote against appear less willing to change their mind than Yes voters.

Charles Kennedy, the Liberal Democrat leader, argued that the antipathy towards his treasured “Europe” is not because of any "entrenched Europhobia" among British people. It represented a failure to put the positive message about the EU and the constitution across.

Better informed people outside the Westminster village know different. “No” campaigners tend to be better informed than the “yes” camp. What this survey shows, therefore, is that those who are better informed are less likely to change their minds. In other words, contrary to the Europhile’s assertions, the more you know, the less likely you are to be in favour. Bring on the campaign!

For the full story, click here.

Well, thank goodness for that …

It seems that Joseph Stalin is not going to be, even posthumously, an EU citizen. The city of Budapest has said so. Stalin had been given honorary citizenship on November 7, 1948 in supposed gratitude for the Soviet “liberation” of Hungary in February 1945 but more because the Communist Party, backed by the Red Army, was gearing up for its final push for power that was accompanied, inevitably, by a great deal of bloodshed.

At about the same time a huge statue of the Great Leader was put up in one of the leafy avenues of Pest. As one of the first acts of the 1956 Revolution the people pulled down the statue and danced with joy on it. Oddly enough, the boots remained for some years, and even when they were taken down the two hoops, where the boots had stood were still visible.

But what no-one had realized is that Stalin’s honorary citizenship of Budapest had also remained. This year, on April 4, anniversary of Hungary’s liberation in 1945, a demonstration of several hundred people pelted with stones and eggs the memorial to the Soviet soldiers-liberators. Their argument was that the “liberators” imposed another bloody tyranny, which then lasted for 40 years. Some people are never satisfied. (In parenthesis one may point to certain changes in Hungarian life: when the political order imposed by the liberators was at its strongest there were no eggs to eat, never mind pelt memorials with.)

Earlier this week the City Council of Budapest met and solemnly decided to strip Joseph Vissarionovich Stalin of his honorary citizenship, so that, even posthumously, he could not accompany the people of Hungary into the EU. Some have objected to this act, saying that history is history and cannot be re-written.

One honorary citizen will be there with the Hungarians posthumously: Raoul Wallenberg, the Swedish diplomat, who saved thousands of Jewish children from the Nazi camps during the war and was later arrested and spirited away to presumed death by the Red “liberators” was awarded that honour last year.

The marching morons

(with apologies to C M Kornbluth)

After the sterling contribution by Anthony “Ant” Costa, a member of the boy band Blue, to the fund of human knowledge (see “Great Debate” item), stand by for another story. One is tempted to say, “you couldn’t make it up”, although somebody just did. The Scotsman has retailed a story about a OneTel survey, which found that half the people quizzed (40 percent) were “completely clueless” as to which ten countries are to join the EU on Saturday.

Worse still, however, the online poll asked people to select the countries they believed are set to join the EU on May 1 from a shortlist. But the list of countries contained a red herring, Luvania, which not only did 8% of people think was a country, but also that it is to become an EU member.

So delightful is the story, I have reproduced the rest, unedited (apologies this time to the Scotsman). But the piece also makes a serious point. Says the report author, “People aren’t generally aware. They’re more involved in their day-to-day lives rather than the bigger picture of what is going on in the EU.” The story continues…


Surprisingly more over-50s plumped for the mythical Luvania (11%) than any other age group casting to wind the theory that political apathy and ignorance are strongest among the young. In fact, the section of the population with the best knowledge of which countries are joining the EU was 18 to 29-year-old men living in London – just 4% picked the red herring.

London was found to be the area in the country most clued up on the EU with just 5% who claimed Luvania was joining. Worst, according to the survey, was Scotland where 19% of people decided none of the countries on the list were joining and 9% opted for Luvania as a new member.

Women fared particularly badly with nearly a quarter (23%) deciding that none of the listed countries are to become EU members compared to 60% of men who guessed all the countries correctly. And women aged over 50 and living in the South were found to be the least knowledgeable group of all about the matter with 11% choosing Luvania.

The survey of 2,500 people also found that 15% of respondents thought Austria will be joining on May 1 – despite the country being a member for nearly 10 years, since 1995.

Carol Barnes, spokeswoman for One.Tel who carried out the research to see if demand for international calls would rise after the new countries join, said people’s apparent lack of knowledge about Europe was shocking. She said: “Everyone knew new countries are coming on board but no one is too sure which ones and some people picked one that doesn’t even exist so that was quite surprising.

“We don’t believe the actual countries that are joining have been particularly well presented and the UK public has not been particularly well educated on it. “People aren’t generally aware. They’re more involved in their day-to-day lives rather than the bigger picture of what is going on in the EU.”

To see the comment-free article, click here.

Thursday, April 29, 2004

The navel of Europe

Offered without comment.

(AFP) When the EU expands eastward on May 1, its new geographical heart will be 7 degrees 35'50" east longitude, 50 degrees 31'31" north latitude, according to French researchers.

In other words - Kleinmaischeid, in the western state of Rhineland-Palatinate, 12 miles from Koblenz, on the edge of the A3 autobahn near the Cologne-Frankfurt high speed train line.

"We are the navel of Europe," said Horst Rasbach, mayor of the village of just 1,300 residents, happily basking in the sudden attention.

All in a spin

Times says Britain could be forced out of EU

In an online report of the Chirac press conference (see earlier Blog), Times reporter Charles Bremner (or his headline writer) claims that Britain could be forced to leave the European Union if its voters reject the proposed new constitution in a referendum – according to President Chirac.

However, the story does not immediately bear this out. Bremner goes on to write that Chirac actually stated “that if any state failed to ratify the constitutional treaty then none of the other members would be able legally to ratify it either - scuppering the whole project”.

Only then, apparently, did Chirac refer to “proposals aired in Brussels and Berlin that would require member nations to ratify the constitution or leave the EU”. On these, he commented that this could be a "positive solution". "I am not against the idea of using methods of friendly persuasion with countries that are refusing the constitution, because that blocks all the others," Bremner reports him as saying.

So that is the meat of the story: if the British vote "no", there could be “friendly persuasion” for Britain to stand aside and let other countries adopt the constitution. This is a far cry from what the headline claims, but I suppose it is headlines that sell papers. Expect a lot more of this – but as with treaties, when you see the headlines, it pays to read the small print before you jump to conclusions.

If you want to waste your time reading the full story, click here.

Number of EU Regulations

European Commission Spokesman's Briefing for 03-02-12 click here.

There is often controversy about how much EU law there actually is, with many different figures being quoted. Actually, I suspect that even the Commission does not know, but it does at least know how many pages of legislation there are. Here is the definitive source (see link above, courtesy of Christopher Booker, who obtained it from the Commission web site). I have posted a permanent link under “EU documents” – see left – for future reference.

05] Commission launches major initiative to simplify and streamline EU legislation

The European Commission has adopted a Communication setting out an ambitious and detailed Framework for Action to simplify, streamline and improve access to the body of EU law, known as the acquis communautaire. This is the latest stage in the Commission's Better Regulation initiative, a key part of the objective set at the Lisbon summit in 2000 of making the EU the world's most competitive knowledge-based economy by 2010.

The initiative aims to establish a reliable, up-to-date and user-friendly body of EU law for the benefit of citizens, workers and businesses across Europe. As a first contribution, the Commission now proposes immediate removal of obsolete legislation amounting to over 1,000 pages of the Official Journal.

Through a concerted programme of consolidation and codification, it is estimated that the volume of legislation could be reduced by as much as 35,000 pages by 2005.

At the end of 2002, the body of binding secondary legislation adopted by the European institutions amounted to 97,000 pages of the Official Journal. The Commission now looks to the European Parliament and the March European Council to endorse its approach.

Chirac refuses to commit on referendum

Sources: Financial Times, AP, AFP and others

Despite expectations that he would announce a referendum on the EU constitution today, Chirac resisted the pressure, saying that any decision was “premature”. He told a press conference in the Elysee Palace that he would not be rushed into a decision. "For me, it is premature to decide on one or the other option [to ratify the constitution]”.

He refused to comment on Blair’s decsion to hold a referendum but, echoing Gicard’s statements in this morning’s Today interview, he added, "I don't imagine that England could find itself in the situation of having to leave Europe."

Hedging his bets for the future, he noted that “The British are in a different situation,” pointing out they did not have a written constitution. Nations can either hold a referendum on the constitution or allow their parliaments to decide, he said.

He called for a strong vote in the Euro-elections to give French euro-deputies the mandate to defend the country's interests at the EU's parliament (as if they needed any urging – ed).

UK “can vote no and stay in EU”

Sources: BBC and The Independent

Interviewed on the Today programme this morning, Valery Giscard D'Estaing agreed that a “no” vote in the referendum would not mean leaving the EU. Instead, said the UK would be left on the margins, away from the main decision making.

Pressed about what actually a 'no' vote would mean, Mr Giscard D'Estaing said: "It's not a question of saying yes or no to Europe. "It's a question of making Europe function. Of course if someone says we do not accept the way that Europe functions, it will have to assume the consequences of its own choice."

If 300m out of Europe's 455m people say yes, then those who say no will have to decide "how to progress by themselves ... elsewhere". "If finally the British say no and the other Europeans say we want to go, then they will have to find an accommodation," he said. "It's true in that case Britain will not be in the core of the system but in the margins of the system."

Michael Howard, responding later in the programme, said Giscard had given the lie to Labour suggestions that a "no" vote would take Britain out of the EU.

Meanwhile, according to the Independent newspaper, Chirac talked on the telephone to Blair last night, to protest about his decision to call a referendum. Predictably Downing Street refused to comment on their conversation, but it is clear that Blair’s decision has put unwonted pressure on Chirac to honour his own referendum commitment.

And European Parliament president (although not for much longer) Pat Cox is clearly getting nervous. “Although a referendum may be 18 months away”, he has warned, “ministers must start campaigning now if they want to secure a ‘yes’ vote”.

He told BBC Radio 4's Today programme: "When I look at the state of the public opinion polls and a large number of the Euro myths that seem to abound, I recall Norman Tebbit's phrase, 'Get on your bike'. It is not a time to hang about."

On this last point, we cannot help but agree.

The Party’s over – before it’s begun

In the op-ed in The Times, Anatole Kaletsky reviews the enlargement issues. Making a refreshing change from the gushing rhetoric that we have already and are about to suffer, he paints a less than rosy picture. In this passage, he notes, for instance:

“In many of the new member countries, enlargement could produce an even deeper disillusionment with the EU, since most of the economic benefits of joining have already accrued, while the costs will start to be paid only next week.”

This is something most commentators have missed. Much of the fabled “structural funding” was paid out in advance, to sugar the pill of accession and the money is now spent. And, with the mean-spirited settlement on the CAP, where accession countries are paid only a quarter of the subsidies other member states receive, most of the new states will be net contributors to the Community budget.

Small wonder, Kaletsky concludes: “The ten new members could prove a disruptive presence in EU councils, demanding a say out of all proportion to their economic power and unyielding in their defence of national interests, as their sometimes unruly electorates perceive them. This enlargement will make the EU an even more argumentative body".

This does not auger well for the success of the IGC in June. The party may already be over.

To see the full article, click here.

The Great Debate?

Last night saw the Foreign Office "bash" to celebrate enlargement, with a galaxy of celebs helping Blair usher in this "momentous" event. But The Times perhaps captured the flavour of the event, with a quote from Anthony “Ant” Costa, a member of the boy band Blue, with his Greek-Cypriot father.

Asked what he thought of EU enlargement, he exhibited a deft grasp of current affairs: “I don’t know. It’s good and bad — everything is — but where will it stop? Do you know what I mean? Can anyone come over to another country and work and live?”

It that is any indicator of the general level of comprehension of EU issues, we do indeed have a problem. And if Blair thinks that recruting celebs to help promote the cause - or for that matter the "no" campaign, perhaps it is time for a rethink.

Prodi worried – Chirac pressured

Sources: Reuters and Financial Times

Prodi says he is worried about Blair's decision to hold a referendum. "It is difficult to give an optimistic interpretation," he told LCI television on Wednesday. "I am pessimistic because this referendum comes at a time when all surveys point against Europe. It gives me some additional worries."

Nevertheless, he was optimistic that EU leaders would manage to seal the constitution at their summit in June. "Yes," Prodi said when asked whether he believed a deal could be reached then. "Because the positions are closer and also, after (the attacks of) Madrid, Europe has suffered a lot from terrorism, and there is a sense of solidarity."

Meanwhile, Chirac is facing a press conference today, where he will be asked whether France will also hold a referendum. The pressure has multiplied after Blair reaffirmed his commitment yesterday to putting Britain at the "centre" of Europe in a front-page column in Le Monde, the French daily newspaper, in which he explained his decision to hold a vote in the context of needing to lance the boil of Euroscepticism at home.

Chirac will be questioned on why he has backed away from a 2002 election pledge to hold a referendum. Meanwhile, Alain Juppé, chairman of the centre-right UMP and Chirac's closest political adviser, has said that other countries should think carefully before copying Mr Blair's "rather personal and, perhaps I should add, ultimately British initiative".

The view from Ireland

In this letter Anthony Coughland of the National Platform in Dublin addresses the subject of the proposed ID cards and their possible connection with developments in the EU

Trinity College Dublin

Wednesday 28 April 2004

Dear British Friends,

As an interested oberver of the British scene, may I express the hope that the Conservative Party and all true "liberals" (with a small "l") will have the good sense to oppose Home Secretary Blunkett's scheme for compulsory ID cards, with everyone having to get fingerprinted and eye-iris-photographed at £70 a time during the next few years.

Talk about Nanny State!

The impulse behind this is surely in large part the pressure towards EU "harmonization" and making Britain part of a common EU police and justice area. Then in due time everyone's intimate particulars will be fed into the EU police computers in Wiesbaden.

If this proposal succeeds in Britain, ID cards will inevitably be imposed on us here in Ireland in due time. ID cards are quite unnecessary in this day and age and any positive impact they may have on detecting terrorism is wholly marginal, as the Spaniards, Russians and others have found out. They open the door however to a significant increase in bureaucratic and police interference in people's daily lives.

I would have thought that Tony Blair and Co. lay themselves wide open to political attack for this kind of proposed "Big Brother" interference in the lives of British citizens, and that there should be rich electoral dividends for the political party or parties that oppose it.

Yours faithfully

Anthony Coughlan

Wednesday, April 28, 2004

An epidemic of rhetoric

Sources: PA, Czech news agency, CTK

Stand by for an unpleasant weekend as assembled statesmen, politicians and other worthies seek out new heights of rhetoric in their search to applaud the wondrous European Union and the largest enlargement in its history.

As an example of things to come, Blair gave a “passionate” speech tonight at the bun-fight organised by the Foreign Office in London, although he failed to avoid the usual hackneyed clichés which have marked this coming event.

Enlargement was a “historic moment of opportunity, change and progress for these countries”.

He added that the new Europe was the result of fighting off the “forces of darkness” of the past. “These are countries whose desire for freedom and independence is measured in the blood and sacrifice of countless millions of people.”

Talking to a Czech journalist, Guenter Verheugen, the German commissioner responsible for enlargement, earlier struck a sourer note. He believes that 1 May should be a day to remind people of the basic reasons for enlargement. Nevertheless – and we can certainly warm to this sentiment - he thinks there is sometimes a feeling that the basics have already been said too many times.

“Europeans”, he maintains, “are very talented at forgetting rather quickly what we have achieved. The enlargement that will now take place is one of the most important policy achievements since World War II, and it will contribute to guaranteeing peace, stability, and security in an area from the Baltic to the Black Sea,”

With a certain sense of finality – or even wishful thinking - Verheugen then stated, “All difficulties are secondary compared to that. My advice to politicians in the current and future member states is to explain the fundamentals to people. They will understand.

Don't worry, Mr Verheugen. We will.

Daniel Hannan's Euro-briefing

MEANWHILE IN BRUSSELS...

Tony Blair's referendum announcement has understandably driven other European stories off the news pages. But, now that we know we shall have the chance to vote, it is worth standing back and taking a look at how the EU actually works. After all, there is no better way to judge an institution than by its record.

Here, then, are three separate items which, in a quieter week, might have received rather more media attention. Considering them collectively, we can infer a good deal about how Brussels operates.

First, there is the amazing case of Hans-Peter Tillach. Mr Tillach is a respected German investigative reporter, who has been working for some time on the Eurostat affair. Diligent readers of these bulletins will know that Eurostat is at the centre of gargantuan corruption allegations, involving the apparent loss of millions of euros from Commission accounts.

Last week, Mr Tillach's flat was raided by the Belgian police. He was taken into custody and his notebooks, files telephone and computer seized. He was denied a lawyer and questioned for ten hours. Even his private bank statements were impounded.

Needless to say, no such treatment has been meted out to the accused fraudsters. In the looking-glass world of Brussels, it is those investigating sleaze who are harassed and bullied. A clear message has been sent out to the entire press corps. Stick to copying out Commission press releases and you'll be well looked after. Make trouble and you'll end up in a police cell.

Next, consider the case of an Austrian MEP, confusingly called Hans-Peter Martin. Mr Martin recently scandalised the European Parliament by revealing that he had been keeping a record of which Euro-MPs signed the daily attendance register and when. On top of all their other perks, MEPs are entitled to €250 a day simply for being on parliamentary business, whether in Brussels or on an official visit. To claim it, they must sign in.

Longer-standing readers may be thinking that, next to some of our expenses, this is pretty small beer. None the less, Mr Martin had noticed that a number of MEPs were in the habit of arriving late at night, signing on, and then signing on again in the early morning on their way to the airport. It struck him as unreasonable that so many people should be clocking in when they were plainly not attending meetings.

Needless to say, MEPs saw it rather differently. Mr Martin has made himself the most unpopular man in Brussels since... well, since my own article about MEPs' expenses in The Daily Telegraph. One Labour MEP even knocked him over on his way out of the room where the central register is kept.

Finally, my friends, contemplate the strange case of the Commission censure vote. I and a group of MEPs had put down a mildly critical motion, bemoaning the Commission's failure to get to grips with the Eurostat scandal. Our motion never had the slightest chance of success: the federalists in the big groups were bound to vote it down. But, rather than accepting this mildest of rebukes, Commissioners and the leaders of the big groups went into overdrive, menacing and cajoling anyone who had signed. Some MEPs were threatened with de-selection as candidates if they kept their names on the motion. In the event, around 30 people removed their signatures, although there were just enough of us left to force the motion to be debated.

What all these incidents have in common is the EU's utter inability to accept reproach. In each of the three cases, criticism was coming from broadly pro-European quarters. Hans-Peter Tillach is a paid-up Europhile. Hans-Peter Martin might conceivably qualify as a sceptic by Austrian standards, but would be a Euro-fanatic by anyone else's. And, while many of the signatories of the censure motion were established troublemakers like me, a fair number were principled Euro-zealots who were angry that continuing corruption is jeopardising the federalist project.

Yet in every case, the establishment reacted to the criticism by ad hominem attacks. When Mr Tillach addressed a press conference, he was heckled by a Danish MEP who told him: "Don't give any more ammunition to the anti-Europeans or you will lose all credibility". Note the use of the word "anti-Europeans". In Brussels, any criticism of the system, even on grounds of financial probity, is taken as proof that you secretly hate foreigners.

This is, of course, a very reassuring thing for Europhiles to think. Someone is attacking the Common Agricultural Policy? It shows that he must be racist! A newspaper says that the Commission needs reform? It obviously has a xenophobic agenda! By dismissing all their critics in this way, Eurocrats are able to avoid self-scrutiny.

And, of course, they can always buy themselves more favourable coverage from other sources. Several Brussels correspondents are prepared to boost their salaries by accepting positions as editors of EU-funded newsletters, consultants on media issues and so on. On top of which, the Commission often funds the media directly.

If you've stayed in a hotel in Europe recently, you will probably have come across a channel called "Euronews". It is a perfectly respectable news station, available in six languages. In general, its reports are measured and disinterested. But, when it reports on the EU, all pretence at impartiality goes out of the window, and we are treated to Soviet-type items about grateful workers getting higher standards thanks to the Commission.

I found such items hard to reconcile with the channel's claim to be "totally independent", so I put down a question asking the Commission whether they gave it any money and, if so, how Euronews could call itself independent. The reply I got from Romano Prodi was beyond parody. He did give it subsidies, he admitted, but such grants "in no way restrict the editorial freedom of the beneficiary, who must, however, respect the image of the European institutions and the raison d'être and general objectives of the Union".

Accustomed to such coverage, Eurocrats simply do not know how to handle criticism. They are so used to getting their way that, on the rare occasions that they are checked, they react like spoilt children.

These, remember, are the people to whom we are being invited to entrust with a large measure of our governance under the new constitution. It's worth bearing in mind.

Stitch-up in progress?

Giscard "in town" so Blair meets him

Sources: AFP, No 10 Press Briefing

Tony Blair met Valery Giscard d'Estaing privately today at 10 Downing Street. Giscard was “in town”, so the prime minister “will receive him," the prime ministers official spokesman (PMOS) said. "They agreed to meet up. It is just a private meeting."

Asked why the official spokesman had not informed journalists that the meeting would be taking place, the PMOS said that it wasn't our policy to brief on every single meeting which the Prime Minister had during the day. “We tend to brief on those which we thought would be of significant interest to the media”.

When it was put to him that a meeting between the Prime Minister and the Chairman of the Convention on the Future of Europe would obviously be of interest to the media, the PMOS pointed out that the Convention had now completed its work and was therefore no longer in existence.

Asked if that meant that they would not talk about the text of the Constitution, the PMOS said he had no doubt that the issue would be raised. However, this should be seen as a routine meeting and was nothing out of the ordinary.

That is the official line. Giscard just happened to be in town, so he popped in to see Tony, who no doubt made him a cup of coffee and let him use the loo, after which they had a little chat about this constitution thingy. And if you believe that, you will believe anything.

Commission intervenes on Italy’s deficit

Source: Bloomberg

Demonstrating how the EU is increasingly intruding in domestic tax affairs, the European Commission has warned Italy that its attempts at cutting its budget deficit are not sufficient to avoid it breaching the stability pact limits.

Berlusconi had promised income taxes cuts of 6 billion euros but the Commission is calling on Italy to cut spending or raise taxes by 0.5 percent of gross domestic product, or about 7 billion euros, in 2004 and make similar savings in future years.

Italy plans to fight the Commission on this, which again puts Prodi and Berlusconi head-to-head, as they vie for poll position in the forthcoming election.

Nevertheless, while Italy's budget gap is forecast to be 3.2 percent of GDP in 2004 and 4 percent the next year, Finance Minister Giulio Tremonti is claiming that Italy will “respect” the EU deficit limit and still reduce taxes. He may find that the EU has other ideas.

Parliamentary accountability – EU style

Helen Szamuely

A motion of censure on the Commisison for its refusal to take political responsibility for the fraud and misappropriation of funds in its statistical office (Eurostat) will not succeed because the two main groupings see such an action as being against the spirit of the European Project. The European Parliament is not there to hold the Executive to account but to further the building of the European Union. The national parliaments have been completely side-lined and the new constitution spells out their role clearly: they are to be informed and allowed to complain that some EU legislation breaks the subsidiarity rules but final decision on their complaint will be taken by … the Commission.

The European Commission is about to be embarrassed during the last stretch of its mandate. Well, mildly embarrassed, since nothing much will come of it. 65 MEPs led by the Conservative Chris Heaton-Harris and the chairman of the Europe of Democracies and Diversities (EDD), Jens-Peter Bonde, have signed a motion of censure over its handling of the Eurostat affair.

The Eurostat affair is, as ever, one of fraud and misappropriated funds in the European Commission’s statistics office and the motion wishes to punish the Commisison for not taking political responsibility for the mess. (Not us, guv. They told us they were honest.) The support comes from a wide range of parties and groups but not from the two main ones: the European People’s Party (EPP) or the European Socialists (ES), which means the motion will not be adopted as that requires a two-thirds support.

Spokesmen for the two main groups are incensed. Helmut Kuhne of the Socialists thought that those who signed the motion made themselves look ridiculous. For some reason he assumed that an outgoing Parliament censuring an outgoing Commission meant that all the newly appointed Commissioners will have to be sent home. Perhaps he meant that the present Commissioners (those who have not fled back into national politics) will go home with a flea in their ears. Who knows?

Inevitably, this minor fracas and the curious reaction of the large parliamentary groups, brings to mind the famous occasion when the Parliament got together solemnly to call to account the Santer Commission for fraudulent and other illegal activity. Who can forget the sight of all those Socialist MEPs, led by the then redoubtable, now unknown, Pauline Green grimly voting to support the Commission? We have only just stopped laughing.

These ludicrous sagas do serve a purpose: they remind all of us that the European Parliament sees itself as part of the project, not as a body of democratic representatives, whose role it is to call the executive to account. That concept does not exist in EU thinking. Though there is an attempt at separation of powers (not, incidentally, something that exists in Britain) the structures, as usual, do not achieve their aims because the content is missing.

Democratic accountability, as opposed to the rather phony concept of transparency, does not and has never existed in the European Union. That explains the apparently incomprehensible fact that the more power the European Parliament acquires the less people vote for it. The fact is that the more power it acquires the more it becomes, not the organ of democratic representation of the peoples of Europe, but another part of the remote and dirigiste European Union.

Where does that leave the national parliaments who have been steadily losing power to the central EU structures? Nowhere really. They, though elected by the people of each country, have lost the right of initiating legislation or regulation over most of the political scene. The incoming countries will recognize this as they adjust to their new status. The best national parliaments can hope for is having enough time to scrutinize the legislation before it is put through the EU machinery. Even that is usually denied them.

Ah yes, we shall be told by the supporters of the EU constitution but there is now a Protocol on the Role of National Parliaments in the European Union in the proposed document. So there is and it is full of provisions for informing national parliaments, not for allowing them to legislate or to hold the EU executive to account. As trade unions in the Soviet Union, the national parliaments are seen as a counduit of information between the state and the people. Not quite what John Hampden had in mind.

Then there is the Protocol on the Application of the Principles of Subsidiarity and Proportionality. So far, let us remember, neither of these principles has returned even a smidgeon of legislative power to national parliaments. The new Protocol instructs the Commission to consult widely before proposing legislative acts, unless there are cases of exceptional urgency. But what if a national parliament, representing the people who elected it, really does not like some proposed legislation?

Article 5 of the Protocol allows any “national Parliament of any chmaber of a national Parliament of a Member Staty … within six weeks from the date of transmission of the Commission’s legislative proposal, [to] send to the Presidents of the European Parliament, the Council of Ministers and the Commission a reasoned opinion stating why it considers that the proposal in question does not comply with the principle of subsidiarity”.

Article 6 tells us that “[t]he European Parliament, the Council of Ministers and the Commission shall take account of the reasoned opinions issued by Member States’ national Parliaments or by a chamber of a national Parliament”.

Then a certain amount of jockeying for position will follow after which votes will be counted. “Where reasoned opinions on a Commission proposal’s non-compliance with the principle of subsidiarity represent at least one third of all the votes allocated to the Member States’ national Parliaments and their chambers, the Commission shall review its proposal.” Goody-goody, you might say, until you read the last sentence of Article 6: “After such review, the Commission may decide to maintain, amend or withdraw its proposal. The Commission shall give reasons for its decision.”

And that is that.

More Bananas

Sue Doughty

A personal comment

Mr Blair has latched onto a line that the banana directive is nonsense when lambasting us on the folly of opposing the EU constitution. We don't want to go taking any notice of that, what silly people we must be to doubt his wisdom.

Commission Regulation (EC) No 2257/94 of 16 September 1994 is nonsense, he clearly implies. The quality standards applicable to bananas falling within CN code ex 0803, excluding plantains, fig bananas and bananas intended for processing, are laid down in Annex I thereto.

These standards shall apply to bananas originating in third countries at the stage of release for free circulation, to bananas originating in the Community at the stage of first landing at a Community port, and to bananas delivered fresh to the consumer in the producing region at the stage of leaving the packing shed.

It stresses that this Regulation shall be binding in its entirety and directly applicable in all Member States and entered into force on 1 January 1995.

The following defects of the fingers are allowed, provided the bananas retain their essential characteristics as regards quality, keeping quality and presentation. This list begins with - defects of shape.

So Mr Blair is right, we are to be allowed to have bent bananas and anyone who says otherwise is talking nonsense.

The fact that there is an organisation entitled to spend British tax payers money on writing a banana directive, and that this edict from a foreign power is now binding on the UK is cause enough for me to vote No to any European referendum on every given occasion. I thank him for reminding us of it so eloquently.

I do not want to have the right to tell the good people of Finland or Portugal how their bananas shall be allowed to be, I do not want a share in their sovereignties or their national responsibilities either.

And that is not nonsense, nor was that wisdom paid for by taxpayers.

Mr Blair goes to Europe

Well, France to be quite precise but it seems that France is seen as “Europe” these days and French opinion is generally quoted as European opinion, as in “the differences between American and European opinion are growing”. This usually means that some French minister has made another anti-American statement.

Prime Minister Tony Blair has decided to take the fight where it counts: the pages of Le Monde. In a front-page article, written and/or translated, one assumes by the FCO, entitled My Europe, Mr Blair explains his decision to let the British people have their say on the constitution. It is about time, he says.

Furthermore, he adds, the new entrants will energize the modernization of the EU. This is rather an odd way of putting it, since it is generally agreed that the new entrants have suffered rather badly from fifty years of a politically oppressive and economically backward system. But ten years of freedom and reform has clearly given them the edge.

There is no word yet on whether President Chirac will decide that it is time for the French people to have a say on the constitution. Historically, the people of France have had interesting ways of dealing with governments that did not pay attention to their opinions.

Survey confirms trend

The most encouraging aspect of the survey published in the Times and other newspapers this morning on business attitudes to the constitution is that it simply confirms a trend.

Readers of the Blog will recall the London Chamber of Commerce survey published in the Evening Standard on 22 April which reported that 55.9 percent of the 423 companies quizzed said they did not back the constitution.

Then there was the FSB conference motion last month, where members rejected the constitution by a massive 104,178 votes to 5310 - a 95 percent majority.

Today’s report in the Times - commissioned by the New Frontiers Foundation - has almost two thirds of businesses (59 percent) opposing the constitution, beleiving that it would surrender “crucial powers to a failing EU”, with only 18 per cent disagreeing.

This is entirely consistent with earlier findings and demonstrates a healthy opposition to the Blair project. It and does indeed, as The Times asserts, deal a severe blow to his hopes of building a broad coalition to fight a referendum campaign.

One almost has to admire the pluck of “yes” campaigner, Lucy Powell – she of Britain in Europe – who claimed that when the myths surrounding the constitution were dispelled, its popularity would grow. “It’s hardly surprising that the constitutional treaty appears to be unpopular as anti-Europeans have been peddling scare stories for months,” she said.

“I am confident that when business people come to consider the facts and realise that the real risk is not this treaty but the consequences of a ‘no’ vote - pushing us to the margins of Europe - they will deliver a resounding vote in favour.”

Despite Powell’s confidence, it seems British business has already made up its mind. If the “yes” campaign can only resort to the tired old argument about “isolation” – the same line it took in the 1975 referendum – it is hardly likely to claw back any significant support.

He is “our” terror master now

Helen Szamuely

The EU thinks President Muammar Gaddafi is now a good friend because of his apparent co-operation over arms and support for terrorists. He, on the other hand, feels that all this friendship can get a bit cloying without the sharp addition of a threat. Perhaps he, too, thinks that all one has to do is threaten West Europeans and everything will be granted.

The European Commission welcomed President Gaddafi of Libya in Brussels on April 27, allegedly, because he has worked hard and made great progress in opening up his country to some weapon inspection, promising not to go on developing arms and supplying terrorists around the world and settling two of the cases – the PanAm and UTA airliner bombing - to some people’s satisfaction. Libya has also been instrumental in passing on information that led to the uncovering of the Pakistani nuclear secrets scandal.

The United States has considered it to be sufficient to encourage commercial links as a reward for good behaviour but not to develop the diplomatic ones. Not so the European Union (or Mr Blair for that matter, who rushed off to shake hands with the man immediately after attending a service for the bomb victims of Madrid). Muammar Gaddafi was welcomed with all pomp and circumstance in Brussels, shown round the Commission by Romano Prodi himself and then went on to a formal banquet with the Prime Minister Guy Verhofstadt (whose main political aim, as our readers will recall, has been the destruction of the successful opposition party, the Vlaams Blok).

Romano Prodi said something odd, though. During a grandiloquent welcoming speech he let slip the comment that he has been working for this moment for five years. How does that square with the careful propaganda that Gaddafi was being welcomed for his good behaviour? It sounds like the European Commission, as is its wont, was trying to be extra nice to one of the world’s leading terror masters.

Unfortunately, President Gaddafi remained insensitive to the high honour being accorded to him. In his long and rambling speech he referred to the weapons he supplied to terrorists and the training camp he had set up for them all over the world as a justified use of arms. He also pointed out that while at the moment he was being a good boy and proud of his achievements in disarming and coming to various agreements with the West, all this could change.

"I hope we shall not be prompted or obliged by any evil to go back or look backward," he said. "We do hope we shall not be forced one day to go back to those days where we bomb or put explosive belts around our women, so we shall not be harassed in our bedrooms and homes as is taking place in Iraq and Palestine."

Romano Prodi appeared to be embarrassed by his new best friend but whether but what he said or by the inordinate length of his comments is not clear.

We have a deal – for the moment

Helen Szamuely

Russia and the EU seem to have agreed on the wording of their statement about extending Russia’s friendly attitude towards the new accession members. But, as usual, the EU had to pay.

It seems that the EU and Russia have achieved some kind of a deal over the EU’s expansion into Eastern Europe and the former Soviet Union. The Russians have apparently accepted that the partnership and co-operation agreement (PCA) should extend to the new members as well, though it has never been really clear what the agreement does and does not allow for.

The Russian negotiators had been making all kinds of noises over the the plight of the Russian minority in Estonia and Latvia but, as predicted in the Estonian newspapers, they were ready to abandon those minorities if they could get a better deal over the Kaliningrad enclave. And that is exactly what happened. The EU agreed to reduce customs barriers for goods from Kaliningrad into the EU; it has also agreed to lower some of the tariffs and increase the quotas on Russian steel (a long-standing problem between the two) and to ease various anti-dumping regulations.

In return Russia has made various statements. In particular, it has agreed to the protocol that simply says that the EU and Russia welcome the Baltic countries’ membership of the EU and view it as a guarantee of rights for national minorities.

The agreement points forward to further negotiations for a special deal over Kaliningrad, possible EU support for Russian application to the WTO and probable pressure by the EU over Kyoto. The latter may turn out to be harder than all the other problems put together. The Russian government is adamant that they will not sign the Kyoto protocol as it has no scientific basis and is, in any case, harmful to the Russian economy.

Tuesday, April 27, 2004

Who are we?

We shall miss Romano Prodi and his antics when he retires from the European Commission this summer. He has once again annoyed all concerned by comments he made at a gathering of left-wing parties.

Referring to the withdrawal of Spanish troops from Iraq because there is no sign of the UN taking over the running of that country (one of the better things that has happened to the Iraqis recently) he said that this brought Spain “into line with our position”. Our position? We were not aware that the European Commission had a position on the subject. Actually, he was talking about the left-wing grouping that has been calling on Italy to follow suit.

Signor Prodi has clearly decided that his role as a candidate in the forthcoming Italian elections is more important than the Presidency of the European Commission, which makes one gag a little when the said Commission chides national governments for pursuing their own national interests.

It has to be added that several of its members have already abandoned the ship in favour of obviously more important positions in their own national governments.

Poland to join the referendum gang

Sources: Financial Times, and others.

Polish president Aleksander Kwasniewski says his country will “probably” call a referendum on the constitution, rather than risk defeat in a badly divided parliament. “Can the constitution be sold in Poland? I think yes," he told the Financial Times. "In my view we can turn to public opinion, which is strongly in favour of the European Union."

On the other hand, Kwasniewski was doubtful about whether parliament could marshal the necessary two-thirds support to endorse the constitution. But public acceptance would depend on the negotiating the compromise of a "emergency brake" mechanism, under which the proposed voting system could be set aside for issues of vital national importance. "The proposed safety elements, in my opinion, could be enough for Polish public opinion," said Kwasniewski.

However, the Polish president's faith in voters may be misplaced. With the collapse of the ruling left-wing Democratic Left Alliance (SLD), forcing prime minister Leszek Miller to resign as of May 2, the Eurosceptic Self-Defence party is leading in some opinion polls. It could take Poland in a entirely different direction to that planned by the political elite.

German journalist’s office is raided by Belgian police …. Again

The hapless Hans-Martin Tillack, Brussels correspondent of Stern magazine has had his office raided again just a month after it had happened the first time. Since the first raid on March 19 he had kept most of his files in sealed boxes. On April 21 the Belgian police (that had spent rather a long time finding, arresting and charging Marcel Dutroux, whose trial is now dragging on) brought in a locksmith to break open a sealed-off cabinet and extract hundreds of pages of notes. Then they confiscated some other notes and Herr Tillack’s laptop computer, which had already been in police custody.

Herr Tillack apparently could have avoided the second raid if he had given the police at least one of his contacts’ names, despite the fact that all human rights and press freedom agreements, to all of which the EU and its members enthusiastically subscribe, allow for protection of journalists’ sources.

Letters of protest have gone to OLAF (the EU anti-fraud agency) chief Franz-Hermann Brüner, the Belgian prosecutor overseeing the case and Diemut theato, chairwoman of the European Parliament budgetary control [sic] committee.

The investigative journalist insists that EU topics will continue to be investigated. “We will not let them scare us.” Just as well, perhaps, that not all member states have implemented the EU arrest warrant.

Voting ‘yes’ is rewarded after a fashion

Cyprus remains divided and only the Greek government will be represented in the EU, though it was the Turks who voted in favour of unification, as they had promised.

Even the EU has decided that it was unfair. So, after lambasting the Greeks and expressing sorrow, as our own Jack Straw did, they decided to give the Turkish Northern Cypriots some money. £172 million to be precise. This will supposedly go on designated projects to help the economic development in Turkish Cyprus.

The best way the economy could develop would be for all the restrictions to be lifted and for the international community to recognize Northern Cyprus. But it is not clear whether that will happen.

No, it will have to be specially designated projects and, of course, the inevitable EU office that will now open in Nicosia, bringing in foreign officials and their hangers on and distorting the local economy through their much higher salaries and spending power. One wonders how much of the £172 million will be spent on that.

Bananas

I am reliably informed that there are still Europhiles out there - Blair included - who doubt the existence of the "Banana Directive".

Actually, it is a regulation but, that apart, its title is Commission Regulation (EC) No 2257/94 of 16 September 1994 laying down quality standards for bananas.

For the convenience of all, I have created a link (see left) directly to the Commission web site, so that anyone who wants a copy or needs convincing, they can refer direct to the oracle.

French want a referendum

Sources: AP Worldstream and EU Observer.

At least we have something in common with the French – the French people, that is. According to a CSA poll released today, some 74 percent want a referendum on the EU constitution, instead of letting parliament make the decision. Only 24 percent felt the French parliament should decide.

Chirac has already said he is undecided on this issue – despite giving an election pledge that he would hold a referendum – but with Valery Giscard d'Estaing also speaking out in favour today, the pressure on the president is building.

Giscard, in particular, makes an especially powerful point, when he argues that all Constitutions that have been adopted in France have been adopted by referendum". On that basis, he concludes that "to consult the French people on this subject is a reasonable and positive risk and it is right to take it".

Giscard himself may not be taking too much of a risk. According to the CSA poll, in which 956 voters were interviewed by telephone, 57 percent of those responding would back the constitution. Only 25 percent would oppose it, while 18 percent would abstain.

EU is 'chaotic and leaderless'

Matthew Davis
BBC News Online

It is quite remarkable that the BBC should publish this story - it is quite damning about the "project". Look at the comment in the last paragraph. It goes a long way to explaining why the enlargement countries have joined the EU.

Diplomats and leading experts are warning that the "chaotic" European Union is ill-equipped to cope with the biggest expansion in its history.

Finnish ambassador to the UK Pertti Salolainen, who said he was speaking in a personal capacity, said: "The EU is chaotic, it has no vision, no leadership and it seems it will have no constitution." Mr Salolainen - who helped negotiate Finland's entry to the EU - says the union urgently needed a period of calm to "digest" its latest changes.

The EU becomes the world's largest trading bloc on 1 May, but there are concerns over potential paralysis in decision-making, the wealth gap between old and new members and the lack of a single vision of where Europe is heading. Some authorities are warning that the integration of the 10 new states will be "a very bumpy ride" for months and years ahead.

Quentin Peel, world affairs editor of the Financial Times, said: "Some fear - or hope - that it is the end of the EU as we know it." The EU's dramatic shift eastwards takes in new members like Poland, Hungary and the Baltic states.

Mr Peel added: "Clearly the wealth difference is perhaps the most fundamental thing. Catch-up is going to take a very long time. "[Another key difference is] the sheer newness of the democracies coming in. "The challenge of EU rules and regulations is taking up a tremendous proportion of new member states' bureaucratic and judicial capacity."

Supporters of enlargement say this is a historic opportunity to unite Europe peacefully after generations of division and conflict. They say it will extend the stability and prosperity of current member states to a wider group of countries, making Europe a safer place.

Mr Salolainen, speaking at the Royal Institute of International Affairs, echoed these sentiments, calling the EU "the best peace movement in Europe". But the diplomat said his key, personal concern was "the lack of vision for Europe". "We are left with the old tools to deal with a new, expanded European Union," he later told BBC News Online.

Dr Aleksander Szczerbiak, a lecturer in contemporary European affairs at Sussex University, said the new members would bring new uncertainty to decision making. "Debates are going to be difficult, processes unpredictable," he said.

But he warned against what he said were misconceptions of what the priorities of the new members would be. "There is an assumption that they will be in favour of a large EU budget. "But the ability to benefit means states must find matching funding themselves, and good projects to fund." He added: "It is wrong to see the new members as a united bloc of 'New Europe'. "They are much more of a mixed group."

But for the new states these are "abstract concerns" compared to the historic importance of simply being members, Dr Szczerbiak said.

Treaty to test the strongest constitution

Buried in the Times business section today (page 28) is a long article on the constitution by Rosemary Righter. It is a compulsive read and deserves careful study.

In the article, she conceded that Blair “is never on better form than when he is asking voters to believe six impossible things before breakfast”. “But”, she writes, “he cannot simultaneously say this treaty will have little bearing on what is left of parliamentary sovereignty, and that the vote will be as momentous as he now paints it… On Europe he is not trusted”.

“His bluff having been called, Mr Blair’s new strategy is to put the frighteners on the electorate by presenting the referendum as a vote for, or against, EU membership. This treaty is not an add-on to other treaties; it supersedes them. Since other countries could conceivably, if meretriciously, argue that the British had, by rejecting it, effectively voted themselves out of the Union, this line of argument could make influential converts, not least in the City”.

Business leaders, she warns, “could be tempted to stay aloof from the constitutional battle, thinking that, unlike the single currency, this is not their fight”. “It is very much their fight”, she declares. This treaty, the Treasury opined last June, “could have far-reaching consequences for the future performance of EU economies”. Most of them will be malign…”.

To see the full article, click here.

Update on EU Constitution negotiations

TEAM Briefing Paper

The EU Summit in Brussels on March 25-26 agreed to restart the negotiations on the EU Constitution after the collaps of the talks in December last year. The Heads of Governments have agreed to reach a compromise on the Constitution at the next Summit in Brussels on June 17-18. According to media reports, around 20 to 30 topics remain to be solved before the Summit in June. In this TEAM Briefing Paper a general outline is made of the main topics, its consequences, and the current positions in the negotiation process.

To see the full paper, click here.

Czech president says EU stifling freedom

Agence France Presse, 27 April 2004

Three days before his country joins the European Union, Czech President Vaclav Klaus warned in a newspaper interview published Tuesday that the bloc was stifling freedom with rules and bureaucracy. Klaus, a known eurosceptic, said people expecting something new on May 1, when the Czech Republic and nine other countries will join the bloc, would be disappointed.

He said the historic enlargement from 15 to 25 member states merely served to underline the victory of international socialism.

"The original European idea was clear and logical: to secure lasting peace after World War II by opening up the continent," he told the German business daily Handesblatt. "That is also my vision -- I want to live in freedom, in an open society. This vision is seen differently by us, who were imprisoned for 40 years, than by many in Western Europe.

"But the EU reality is something else. It is not freedom and openness, but bureaucracy, interventionism, regulation and harmonisation. "State intervention will be strengthened on an international level at the price of freedom."

Klaus, a frequent critic of EU decision-making, repeated his argument that member countries were losing their sovereignty, a tendency he described as a victory for international socialism. "Socialism is obviously more successfull at influencing the international organisations such as the EU than at national level, precisely because voters do not make the decisions in Brussels. "That is the real democratic deficit in the EU."

Of mushroom and crises

In a perceptive piece in the Daily Telegraph today, Ambrose Evans-Pritchard writes about the detail of the constitution, drawing attention to the “niggling problems” in the text “that could escalate into crises if Brussels ever chose to exercise its powers aggressively”.

He calls into question whether our oil industry is really secure from EU interference, whether the national veto over issues of tax fraud and tax evasion really do protect our tax freedom, and even whether our rebate is safe. In all, Blair’s “red lines” begin to look no more secure than a chunk of meat in a tank of piranha.

To read the full article, click here.

Wrong enemy?

From UKIP's "candidates briefing"

...the Tories are our biggest threat, in that their position will be to confine the argument to merely saying that this constitution is not acceptable to the British people, whilst conveniently ignoring the bigger and real issue of the UK's membership of the EU. Their attempt to hold that position will serve to further confuse the issue in the EU elections, and we must keep exposing the ludicrous nature of the Tory position.

More on the ratification question

Excerpt from memo from the National Platform EU Research and Information Centre, Dublin.

Article IV-8 of the "Draft Treaty Establishing a Constitution for Europe", to give the proposed new EU Treaty its proper title, provides that it must be ratified by all the EU Member States "in accordance with their respective constitutional requirements" in order to enter into force. This is the usual formula governing the ratification of EC/EU treaties. It means that ALL 25 Member States of the enlarged EU must ratify the proposed Treaty/Constitution and it cannot come into force for any of them without coming into force for all.

A Declaration - which is a political statement that is not legally part of a treaty and is therefore not legally binding - is attached to the Draft Treaty, entitled "Declaration In The Final Act of Signature of the Treaty Establishing the Constitution." This reads: "If, two years after the signature of the Treaty establishing the Constitution, four-fifths of the Member States have ratified it and one or more States have encountered difficulties in proceeding with ratification, the matter will be referred to the European Council", that is, the Council of EU Presidents and Prime Ministers.

If one or more States are unwilling to ratify, however, there is nothing legally that the Presidents and Prime Ministers of the other EU States can do to make them change their minds. All EU treaties are treaties between States that are constitutionally and legally equal, which is why they must be ratified unanimously.

In theory the Member States that wanted to be ruled by an EU Constitution could go off and found a different and separate EU among themselves, with a different euro-currency and a different Commission, Council, Parliament etc., leaving the non-ratifying States with the present EU, and all its resources, institutions, including the existing euro, and its network of international treaties; but that is not a realistic option.

There is no mechanism for expelling a State or States from the EU because they are reluctant to repeal all the existing EC/EU treaties and found what is politically, legally and constitutionally quite a new EU, with legal personality for the first time, based on its own State Constitution, and give that Constitution primacy over their own Constitutions and laws, as is done in Article I-10 of the Draft Treaty. Any attempt to do or threaten this by EU States and interests that desire to push through an EU Constitution, is just so much bluff.

The political reality is that if a small State like Ireland or Denmark votes No to an EU Treaty, its own Government in conjunction with the governments of the other EU States will put its citizens under massive pressure to vote again and "get it right" a second time around. If a Big State votes against, that is politically the end of the matter, for its Government would not dare put exactly the same Treaty before its voters again, and its voters would jib at being bullied by other EU States and the EU Commission.

As the demand for more referendums on the proposed EU Constitution spreads across Europe it is clearly important that this should be coupled with the call that if voters in any EU State, Small or Big, say No to refounding the EU on the basis of its own (State) Constitution, their verdict will be respected and that will be the end of the matter.

There must be no more concerted bullying of electorates reluctant to abolish what is left of their national democracy by eurofanatical EU Governments, hand-in-glove with the EU Commission and the international European Movement, as occurred during Ireland's second Nice referendum and in last year's Accession Referendums in most of the 10 new EU Member States.

Woolly thinking from UKIP

In a letter to today’s Times, Roger Knapman, UKIP leader, is still claiming that six member states must fail to ratify the constitution for it to fail.

For this he relies on a Declaration in the draft which states “If, two years after the signature of the Treaty establishing the Constitution, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter will be referred to the European Council”.

From this, Knapman believes that the Council could then impose the constitution on dissenting states, but nothing could be further from the truth. No nation can be bound a treaty unless it consetns to it. That much is spelt out by the Vienna Convention on the Law of Treaties.

Knapman and his advisors, therefore, fail to understand is that the passage quoted has no relevance to the entry into force of the Treaty. It actually means what it says. If after two years, current five member states have not ratified, the matter will be referred to the European Council – no more, no less.

And what then? As happened after the first Danish referendum on Maastricht, and again after the Irish referendum on Nice, the European Council will discuss the matter, and attempt to seek a political way forward.

If they cannot agree, then the Protocol in Article IV-8 to the Treaty applies, viz:

The Treaty establishing the Constitution shall enter into force on… provided that all the instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the instrument of ratification by the last signatory State to take that step.

Spelt out, with no room for doubt, therefore, is the absolute requirement for all signatories to ratify the treaty. If one fails to sign, the treaty cannot enter into force and the constitution falls.

Accountability? Whose accountability?

The European Commission is starting an open consultation with the public (who?) on whether rules should be tightened up and harmonized across the Union, making executives responsible for their companies’ financial statements. So far as anyone can tell, there is no proposal to make the Commission or its individual members responsible for completely shambolic EU budget, which has not been passed once by the Court of Auditors since the latter’s existence.

The EU has an action plan on corporate governance. It has action plans on many things, all of them consisting of more regulations and every increasing harmonization. As part of this action plan, the Commission has launched an EU-wide consultation on whether executives of companies should be directly accountable for their companies’ financial statements.

Most EU member states consider it to be sufficient to have board members collectively responsible for the reports. The United States has passed stricter legislation in the wake of the Enron scandal.

The Commission thinks the member states’ legislation is insufficient and, in any case, wants to harmonize matters of corporate governance. The open consultation, which will run till June 4 on is not precisely open-ended. In the introduction the Commission states: "The recent scandals have shown that the existing rules are not satisfactory. They should be clarified with a view to reinforce existing rules."

Strangely enough, there is no suggestion that the Commission and its members should be responsible for those extremely dodgy financial statements, the annual EU budget, which the Court of Auditors has not passed once in its existence because of the amount of money that is not accounted for.

For more details, click here (Commission web site)

The EU’s ‘ethical’ foreign policy

Helen Szamuely

The main principle of the European Union’s common foreign and security policy, due to be strengthened and institutionalized if the constitution is adopted, is supposedly the protection of democracy and human rights, wherever that is needed in the world. This image is getting somewhat tarnished, as the EU, led by France and its present close cohort, Germany, shows itself to be all bluster and little action. When it does act, it supports the terrorists of Palestine and does deals with brutal and oppressive regimes like Russia and China.

We are in for another bout of self-congratulation: the EU is about to make various agreements with Russia in the wake of eastward enlargement. There will be some tut-tutting about Russia’s appalling human rights record in Chechnya and Putin’s growing authoritarianism in the rest of the country. There may even be some mention of the remarkably high incidence of sudden deaths among politicians and investigative journalists. But, by and large, all will be sunshine and happiness. Or will it?

Russia is not happy with the idea that the EU should lift the arms embargo imposed on China after the massacre on Tiananment Square. France and Germany, anxious to expand into new markets, have been explaining to all and sundry that the embargo is out of date. Just to make sure, both Chirac and Schröder have warned Taiwan (a strongly developing democracy) should not challenge the People’s Republic of China too much.

Russia is becoming somewhat annoyed that, while its own human rights record is always being examined and held up to criticism, the EU is ready to do a deal with China, arguably a far worse dictatorship. Only someone as hypersensitive as the Russians could see themselves as being pilloried by the very mild criticism occasionally expressed by European (including British) leaders.

There is another side to the story. Russia is, at present, the largest exporter of arms to China and she is reluctant to see any competition there. She is fairly safe with the United States, whose incomprehensible moral stance precludes arms sales to China but with the EU, who is always trying to occupy the high moral ground, one cannot be so sure.

France is already routinely breaking the arms sanctions. A few weeks ago France and China staged joint naval exercises in Quingdao. It has been obvious for some time that the modernization of the Chinese navy is being carried out with a great deal of French help. Many of the weapons and tools of communication on the ships are French made. A recent Pentagon report to Congress on Chinese military modernization concluded that France is assisting the PLAN (People’s Liberation Army-Navy) build its advanced submarines. What the French would like is to be able to do all this much more openly with EU support.

It seems unlikely that any agreement will be reached with China in the very near future but that extends no further than the next couple of months. Before many more days are out we shall hear France and Germany demanding that we should leave our cold war mentality behind and start selling arms to the last powerful Communist tyranny. After all, it will annoy the Americans.

The trouble is, it will also annoy the EU’s latest best friend – President Putin. The CFSP will then consist of trying to reconcile the two separate interests of two powers, who are inimical to western liberal democracy and human rights. As well as not being particularly reliable trading partners.

Unfortunately, if the constitution is adopted, the common foreign and security policy will have to be adopted by all member states.

Monday, April 26, 2004

Compare and Contrast

This message presents an interesting contrast to that posted below from Anthony Coughlin. Both from Ireland, they illustrate the extent of the yawning chasm between the sides. As always, though, the Europhiles combine lofty rhetoric with a lofty contempt. Eurosceptic arguments are “tabloid logic”.

According to the Scotsman, European Parliament President, Pat Cox, called for an end to a period of introspection. “The time has come politically to give the green light to the Constitutional Treaty and to equip the new European Union for its new challenges and aspirations. “It is time to draw a line under more than a decade of introspection.”

He was speaking at the invitation of Nobel Peace Prize winner John Hume to invited guests from the political and academic worlds at the University of Ulster’s Magee campus in Londonderry.

Speaking about the UK referendum, he added that the decision had triggered a crucial debate for Britain and the EU. Echoing the line taken by Blair, he claimed: “People will be obliged to reflect on realities and not just on myths, they will be obliged to look at interests and not just emotional populist argument. If tabloid logic is confronted with real substance, I refuse to be pessimistic about the outcome.”

Welcome to Our Prison House of Nations

Below is a edited version of a statement from Anthony Coughlan, Director of the EU Research and Information Centre, Dublin, and his colleagues, issued to mark the enlargement of the EU from 15 to 25 Members on 1 May.

"As everyone is well aware, in a few days our State will cease to exist as an independent sovereign entity."

President Vaclav Klaus of the Czech Republic, Mlada Fronta Dnes, 22 April 2004

Like inmates in our EU prison, we welcome new companions. We can be confident the new arrivals will in time help us to break down our political prison walls. At the same time we do not wish on the 10 new Accession countries the loss of national democracy and political independence they now face.

Last year's referendums on their Accession Treaties were travesties of democracy. Public funding, the mass media and the referendum rules were grotesquely unbalanced in favour of EU accession. The EU Commission, ever anxious to increase its own power, interfered massively in favour of the Yes-side - almost certainly in breach of EU law, which gives the Commission no competence in treaty ratification. The result was that voters in the Accession countries went to the polls in virtual total ignorance of the undemocratic, power-hungry, institutional monster they are joining next weekend. All the more bitter will be the inevitable popular disillusionment in these countries.

The 10 Accession countries have got a thoroughly bad deal economically and politically. They are required to take into their domestic law the 80,000 or so pages of EU directives and regulations adopted by the EC/EU since 1957, which they had no part in making, even though many of these are quite unsuited to their different circumstances.

The collective imperialism of the EU 15 is shown by their insistence that each of the 10 new members must agree to abolish their national currencies and adopt the euro in due time as a condition of their joining the EU, even though Britain, Denmark and Sweden are not abolishing their currencies. When the East Europeans were client states of the USSR, the Russians never required them to adopt the rouble. Yet the EU 15 is insisting that the newcomers commit themselves to adopting the euro as a condition of their joining the EU.

EU membership transforms Government Ministers from Executives subordinate to Legislatures at national level into supranational legislators at EU level. Instead of having to obtain the support of their national parliaments in order to pass laws, they can now make these laws or directives for 450 million Europeans behind closed doors as one of an oligarchy of 25 persons on the EU Council of Ministers, and responsible as a collective to nobody. This is a huge increase in their personal power.

The political dynamics of a 25-Member EU will be fundamentally different from a 15-Member one. The new members will strengthen the international movement to restore democracy to the nation states of Europe. This week's enlargement of the EU is almost certainly the beginning of the end of Euro-federalism. Let us rejoice at that.

British Ministers on the Defensive

Source: Agence France Presse

Jack Straw has defended Blair’s decision to hold a referendum on the EU constitution, telling his EU counterparts in Luxembourg: "It's for each country to make its own decisions about how constitutional changes are ratified."

Europe Minister Denis McShane claimed that he was confident the referendum, seen as a huge political gamble, would ultimately pay off. "It will allow us to have a debate based on facts not myths. It will allow everybody who is in favour of Britain being strongly in Europe to come together," he said.

The referendum would "encourage everybody finally to make the case for Britain being in Europe... and defeat the isolationist, anti-European xenophobes and the prejudice and the myths of the anti-European forces. "I'm confident that the British people will not vote to isolate themselves from Europe," he added.

Here we go again

Helen Szamuely

The Foreign Ministers of the EU member states have decided that talks on the EU constitution should re-start on May 17 to end on June 18. Perhaps they should read some history: they have made Waterloo Day the deadline for an agreement on the EU constitution.

The Foreign Ministers of the EU member states have spoken in Luxembourg. They have decided to restart negotiations on the EU Constitution on May 17. This will give them a month to fudge the issues, I mean, to iron out the differences, in time for the June 18 deadline. As every school child ought to know but does not, June 18 is Waterloo Day. Is that a good omen or bad for the European integrationists?

The assumption is that Poland has changed its mind about being fractious (or has been bought off) and the new Spanish government will be more amenable to EU “reason”. It is worth noting that all Spanish governments have been amenable as long as they could see some advantage in whatever was being proposed to themselves.

Jack Straw has proclaimed that the British “red lines” will remain in place. They are: foreign policy, taxation, social security, defence and euro-budget. It is as well to remember that list, since the chances are the government will not. In fact, it is an odd list altogether.

The principle of common foreign and security policy, which includes defence, has been accepted by Britain already – it is the practice that eludes the EU. While the basic strategies have to be decided unanimously, more detailed activity can go to QMV even now. Much of the matter that surrounds taxation is decided by majority voting already. That leaves social security and the euro-budget. So far we have not heard of the British government exercising its veto in either of those fields.

One wonders how many of the details of social security may find themselves in other sections. We all remember how the Working Time Directive became part of health and safety rather than the Social Chapter from which John Major had negotiated an opt-out at Maastricht.

Meanwhile Tony Blair has been lambasted in a letter, carefully leaked to Reuters News Agency, by 52 former British ambassadors, high commissioners and governors for not wielding sufficient influence with the Americans in the Middle East. Of course, if Britain spent less money on, let us say, the Foreign Office or the European Parliament, and more on defence, she might be able to carry more weight in international affairs.

The high panjandrums of diplomacy seem to think that everything done by the Anglo-American alliance and coalition troops in the Middle East has been wrong. They quote unsupported figures on the numbers killed in Iraq and avow that the whole enterprise is a disaster. Bush’s support for Sharon’s plan to withdraw from Gaza but keep some of the West Bank is also a disaster according to the great men.

There is an interesting twist to the analysis that comes either from the high panjandrums or the Reuters journalist who reports the letter: “It comes as Blair faces deep discontent among voters for backing a US-led war that most Britons had opposed and for endorsing a Washington-driven policy that has put London on collision course with allies in Europe.”

None of that, in particular not the last phrase, are substantiated but there will be many neat little twists like this in the media in the next few months on subjects seemingly unrelated to the EU constitution.

Euro MP silent

By Ross Smith,
Newcastle Journal

A Euro MP silent? Now there's a thing!

A leading North Euro-MP has become caught up in a extraordinary row with an Austrian counterpart over parliamentary allowances.

Footage emerged over the weekend of North-East Euro MP Gordon Adam in an altercation with Austrian MEP Hans-Peter Martin in the normally sedate setting of the European Parliament in Strasbourg. Dr Adam yesterday refused to explain the picture of him standing over Mr Martin, who is lying on the floor of the parliament building.

Dr Martin had been trying to film Dr Adam, alleging he was claiming a daily payment of £175 on Friday - a day when the Parliament does not sit. Mr Martin claims to have video evidence of many MEPs claiming their attendance allowances only to leave Parliament minutes later.

There are no rules to prevent the practice. One Sunday newspaper alleged that Dr Adam had tried to first grab the Austrian's video camera, then Mr Martin himself, who subsequently fell over. Dr Adam was reported as denying Mr Martin's allegations and referring to the Austrian as a "disgrace."

But yesterday Dr Adam refused to say if he had ever claimed an allowance and then left the Parliament building straight away. He referred all questions to a statement made by European Parliament President Pat Cox last week, in which former investigative journalist Mr Martin's methods of spying on his colleagues were described as "reminiscent of another time and another place".

Mr Cox said: "It appears to me that there has been no attempt to use the normal procedures of this house, which have been bypassed in a grotesque attempt to maximise personal publicity." And on the question of allowance claims, he said: "On the basis of what was sent to me there is zero evidence to support the claims of wrongdoing or a breach of the rules."

Yesterday, at his converted farmhouse home on Tyneside, Dr Adam said: "I'm not prepared to say any more than that.

"While he (Pat Cox) has been president, he's tried to eradicate some of the little problems we have. There is no evidence at all that anything the President said is not correct. Obviously, the matter has been looked at very carefully."

Dr Adam will not stand in this year's postal ballot. But he plans to play a prominent role in trying to secure the re-election of his Labour colleagues Stephen Hughes and Barbara O'Toole.

Yesterday Ms O'Toole also attacked Mr Martin's methods, saying: "When MEPs sign into the House they are usually doing Parliamentary work that day.

"That can be any sort of Parliamentary work, from dealing with emails, office work, case work, working in committee. When an MEP signs in, you can safely say that day they are working on behalf of their constituents. What he (Martin) seems to have done is interpret the role of the Parliament in a very novel way."

Currently MEPs can claim attendance allowance on Fridays at Strasbourg - even though the Parliament sits from Monday to Thursday. This is on top of their annual salary - £55,000 for UK representatives. Mr Martin believes this is immoral and claims to have records of 197 MEPs - including 36 from the UK - signing on for their allowance and leaving the Parliament building within the hour.

Neil Herron, a leading anti-EU campaigner and one of Sunderland's `metric martyrs', said: "We are aware that all an MEP has to do on the day is sign on to get his allowance. "This is not an abuse because members are quite entitled to claim the allowance, but there is no scrutiny of this, which is not acceptable."

Mr Martin could not be contacted for comment yesterday.

Insight into that constitution

Hansard
23 Apr 2004 : Column 576

Mr Marples: The German constitutional court gave that short shrift in the Maastricht case, stating that, if international conventions impose binding obligations on Germany

"which require internal implementation in a way which would infringe guaranteed constitutional rights, then the measures providing for internal implementation are 'subject to review in full by German courts. In this respect the protection of basic rights provided by the Constitution is not displaced by supra-national law that could claim precedence.'"

The judgment in that case continues:

"the resultant legislative instruments would not be legally binding within the sphere of German sovereignty. The German state organs would be prevented for constitutional reasons from applying them in Germany. The Federal Constitutional Court will review legal instruments of European institutions and agencies to see whether they remain within the limits of the sovereign rights conferred on them or transgress them."

In France, there has been a similar case in the Court de Cassation, which is the supreme court.

In the so-called "metric martyrs" case here, Lord Justice Laws reiterated the position that there is nothing that the European Union could do that would take away Parliament's right to change the law—in other words, to repeal the European Communities Act 1972, or for that matter any other law, even if it put us in breach of the treaty. However, counsel for a United Kingdom public authority—admittedly, it was only Sunderland borough council—argued that Parliament could not do that.

Here we have a lawyer for a United Kingdom public authority arguing that the British Parliament cannot repeal EU legislation, or cannot repeal the foundations of such legislation. What concerns me is that we are in danger of moving much further in that direction by calling this measure a constitution, and that the European Court of Justice will certainly suggest that it can override domestic constitutional arrangements—it has done so already, and article I-10 will give it far greater power and reason to do it.

I suggest to hon. Members that a constitution is conceptually different from other law, although it is difficult for us to understand that because we do not have a written constitution. Law is made pursuant to a constitution while a constitution is an organic measure. From it, other things flow. I am concerned that, by calling this measure a constitution as opposed to just another treaty that changes the powers. In one way or another, we are opening the way for courts in member states—and perhaps, eventually, even in our own country—to do just that.

Pull out of Europe, said Mr Blair

Home front
Philip Johnston

From today’s Daily Telegraph, reproduced by kind permission of the author. This is an important piece, which deserves careful reading.

Question: which party leader, by profession a barrister, stood for parliament committed to pulling Britain out of Europe? A clue: it was not Michael Howard. Twenty-two years ago this month, in the middle of the Falklands war, a fresh-faced Tony Blair, then aged 28, fought a forlorn by-election campaign as Labour's candidate in the true-blue Conservative heartland of Beaconsfield.

To say he was on a hiding to nothing is an understatement and he was duly trounced, losing his deposit. The following year, Mr Blair entered Westminster as MP for Sedgefield and the rest, as they say, is history. But in view of the Prime Minister's comments accompanying his announcement of a referendum on the European constitution, it is a history that merits revisiting.

In the Commons last week, Mr Blair, at his most portentous, called for "battle to be joined" between the forces of Europhile light, led by himself, and those of Eurosceptic darkness, represented by the Tories.

"It is time to resolve once and for all whether this country wants to be at the centre and the heart of European decision making or not; time to decide whether our destiny lies as a leading partner and ally of Europe or on its margins," he said. "Let the Eurosceptics, whose true agenda we will expose, make their case."

Yet in that by-election nearly a quarter of a century ago, Mr Blair was content to follow the official Labour Party line, which was to withdraw from the EEC. Indeed, he made it one of his main themes of the campaign. He did not openly dissent from the policy, which would have been politically courageous.

But neither did he just keep quiet about it, as some of his Europhile contemporaries did. In an article for the local newspaper, the South Bucks Observer, on April 10, 1982, he supported the "Labour Party's present leadership" on all important matters including "withdrawal from the EEC (certainly unless the most fundamental hanges are effected)".

Mr Blair's election leaflet said: "Above all, the EEC takes away Britain's freedom to follow the economic policies we need." That and the cost of the "indefensible" farm policy "are just two of the reasons for coming out. Only a Labour government will do it."

During the 1983 election campaign, Labour's anti-EEC policy was reaffirmed in a manifesto famously described as "the longest suicide note in history". Once again, Mr Blair supported this position. His election address said: "We will negotiate withdrawal from the EEC which has drained our natural resources and destroyed our jobs." This sentence appears in a long list of party policies headed "Labour's Sensible Answers".

Evidently, Mr Blair did not really believe in the policy, although he was presumably old enough to make up his own mind. Others who strongly opposed Labour's anti-EEC stance, such as Roy Jenkins, David Owen and Shirley Williams, had done precisely that and left the party.

Mr Blair, we are assured, was really always a strong European but was unable to show his true colours in a party in thrall to the Bennite socialists. He says he voted Yes in the 1975 referendum on keeping Britain in the EEC (unlike Jack Straw, the Foreign Secretary, and John Prescott, the Deputy Prime Minister, who were leading lights in the No campaign).

But let us move on a bit to 1986 when Mr Blair was required to take a position on British membership of the Exchange Rate Mechanism, the precursor of the euro. At a time when Europhiles in the Cabinet, such as Geoffrey Howe, were urging Margaret Thatcher to join the ERM, Mr Blair was making a powerful case for staying out.

He described it as "essentially a Deutschmark bloc. It could be said that we would be putting Herr Pohl of the Bundesbank in 11 Downing Street." He was also concerned that British economic policy would need to be directed towards maintaining a certain exchange rate that might not suit the country, precisely the case made today by opponents of Britain's membership of the euro bloc.

By 1989, however, Mr Blair was for the ERM and, in 1992, he was describing himself as "a passionate European". By 1997, however, he was less sure. He told the Sun: "I know exactly what British people feel when they see the Queen's head on a £10 note. I feel it too. There's a very strong emotional tie to the pound which I fully understand." In the intervening years, we are led to believe, he would have liked to have taken Britain into the euro but Gordon Brown would not let him hold a referendum on the subject.

What are we to make of all this? More than 20 years have passed since Mr Blair invited voters to back a patently barmy manifesto, so why should it count against him today when he has done so much to shed Labour's Left-wing baggage? But it is important if Mr Blair is now seeking to misrepresent the motives of those in the Tory party - and in his own - who have consistently supported Britain's membership of the EU but who object to its accretion of the trappings of a state.

Throughout his political career, Mr Blair has shown himself to be opportunistic on the issue of Europe, while many whom he now condemns as Eurosceptics have retained a principled opposition to the sort of Europe that is being created, without anyone being asked what they want. It is one of the distinguishing features of New Labour that it has shed the party's previous hostility to membership and embraced the idea of the "European dream".

But if the Prime Minister wants us to give him the benefit of the doubt for the extraordinary position he adopted 20-odd years ago, then he should treat the concerns of those who oppose the constitution with the respect they deserve, and not turn the referendum debate into a spurious argument over whether they have a hidden agenda for withdrawal.

Owen Paterson MP Slams EU Constitution in Principle

Owen Paterson is Conservative MP for North Shropshire.

If anyone is able to provide press releases from other constituency MPs, we would be pleased to publish them.


Speaking near Ellesmere, Owen Paterson said that the proposed EU constitution , if ratified and imposed on the British people, would irrevocably change the way in which we are governed.

"The draft EU constitutional Treaty quite simply gives the EU almost complete power over the member states. Take the following articles: "The Constitution and law adopted by the Union's institutions in exercising competences conferred on it, shall have primacy over the law of the member states" (1-10). "The member states shall exercise their competence to the extent that the Union has not exercised, or has decided to cease exercising, its competence"(1-11). "The Union shall provide itself with the means necessary to attain its objectives and carry through its policies"(1-53). This is devastating evidence of what this nation would be surrendering to Europe. Effectively we will be given a European President, a European Foreign Minister and a Department of European Justice. Laws covering most of our national life will be passed by Qualified Majority Vote in the Council of Ministers, where we only have 14% of the votes.

The Government's "red lines" are meaningless, as so many areas of Government responsibility would be decided by European Government. The vast majority of our laws would be created by civil servants meeting in secret and our voting powers under QMV will be further reduced. This will undermine our democratic way of life.

It is the most basic right of the British people to elect MPs who pass their own laws, to expect the courts to uphold those laws and for the people to be able to remove their rulers by voting. Under the EU constitution, there will be no democratic mechanism for the voters in Shropshire to get rid of the real rulers who impose bad laws upon them. As Michael Howard told Tony Blair this week" Countries have institutions. We do not want to be part of a country called Europe."

I urge all my constituents of all parties to campaign for a no vote to protect their ancient freedom to remove their rulers by voting."

Mr Eurofighter

Heseltine speaks out

It was inevitable that they would drag him out of semi-retirement to make the case for “Europe”. Yet it says something for the “yes” campaign that Heseltine is probably the best they have.

And how good is that?

Michael Heseltine is the man who in 1985, overtaken with enthusiasm for “Europe” signed us up to take part in the “European Fighter Project”, later to become known as the “Eurofighter 2000”. The “2000” was quietly dropped when it became clear, 15 years later, that the aircraft was not going to make it on time and it will be 2005 before it hits squadron service – if at all.

With something like £20 billion spent on it, it makes new Labour’s waste of money on public services seem like small beer. And while we do at least get some “schools ‘n’ hospitals for our money, for the mega-squllions we have spent on Eurofighter, we get an aircraft which was obsolete before it flew – its technology at least three generations behind the US Raptor.

So detached from reality is our former golden boy that, in his 1987 book, “Where There’s a Will”, extolling the virtues of “Europe” that he claimed the project had saved the defence budget £100 million. Strangely, that claim was not repeated in his autobiography.

And this was by no means Heseltine’s only financial disaster. As the man behind the Westland scandal, it was he that promoted the Anglo-Italian EH101 helicopter project, now known as the Merlin.

It at least entered service, albeit five years late – rendered operabale only with the technical assistance of the US Lockheed Martin company. Even then, it managed to break a new world record for the most expensive helicopter ever built – the Navy versions costing £100 million per airframe. Currently, the fleet spends much of its time being grounded, either because bits keep falling off, or for seemingly intractable gearbox problems.

This is the man who writes in The Daily Telegraph today warning about the “rubbish” we will hear from anti-Europeans about the constitution in the months ahead. Mr Heseltine wants us to “stick to the facts”.

But which facts, Michael?

How Americans see it

This article appeared in the International Herald Tribune on April 26, 2004. The benefits it talks of would probably have been acquired in the modern world without the disadvantages that are clearly perceived throughout the EU.

EU paradox: A success taken for granted
Katrin Bennhold/IHT


Monday, April 26, 2004

PARIS If you want a glimpse of how their new Union is affecting the lives of Europeans, head for the southern terminal at Orly Airport on a Friday.

In line for a morning flight to Milan, 27-year-old Horst Kessler is getting ready to flash his German identity card at the check-in attendant; no passport is needed. In his pocket are five crisp E10 notes from a cash dispenser near his university in central Paris, which he intends to spend after landing in Italy on a birthday present for his girlfriend. They see each other at least once a month thanks to budget airlines, and talk on the phone every day thanks to cheap phone deals.

But what is the first thing that comes to mind when Kessler thinks about the European Union, whose open borders, single currency and deregulation policies for airlines and telecommunications have made all this possible?

"Too much bureaucracy and too little democracy," he says without hesitation. There is a vigorous concert of approving nods elsewhere in the line. Five days before the EU throws open its doors to 10 new and mostly enthusiastic members to form a sprawling entity of 25 nations and 455 million people, Kessler's attitude is a common one. Disillusionment is palpable across the old member states. From Helsinki to Athens, widespread anxiety about the imminent eastward enlargement has sparked a multitude of self-conscious debates about how much further European integration should go in geography and in transferring power to Brussels.

The debates reveal a deep-seated paradox: The benefits of the Union are taken for granted, its shortcomings scrutinized and underscored. In part that is just everyday routine taking its toll. Once an ambitious vision to bring peace and prosperity to a divided continent after World War II, the European project has at least in part become a victim of its own success.

Most adults under 30 have only faint memories of a time when a passport was needed to cross Western Europe's borders. Even the euro, shared by 12 of the 15 current Union members, has been around for several years. "The glamorous European idea has turned into gray reality," said Werner Weidenfeld, professor of applied politics at Munich University and a close aide to former Chancellor Helmut Kohl during the preparation for the first wave of border openings in 1993. "When has comfortable everyday reality ever prompted fireworks of joy?"

But there is more to the debate than that. As Europe's ubiquitous blue flag with its 12 yellow stars increasingly provokes yawns and sometimes disdain, the Continent's leaders have a simmering crisis of democracy on their hands, political observers say.

Almost 80 percent of Europeans say the top priority for the European Union is to become more democratic, and less than a third of them plan to cast ballots in elections for the European Parliament in June, regionwide opinion polls show. But with monetary policy set by the European Central Bank in Frankfurt, fiscal policy constrained by the budget pact underlying the single currency and about half of all new legislation in member countries originating in Brussels, voters increasingly stay away from national ballots as well. The blame for voters' disaffection, according to some of the key actors in Europe's recent history, should not go to bureaucrats in Brussels, but to the political elites in the national capitals.

Jacques Delors, former president of the European Commission and architect of the euro, laments the fact that at a time when the Union is about to welcome 75 million new inhabitants, support for integration has been falling. The problem, he says, is the "lack of vision and communication" of governments, which like to take credit when European initiatives are popular and point fingers in the direction of Brussels when they are not.

The debates about eastward expansion have been no exception, he said. "They like to talk about Brussels, but they don't explain that ultimately it is them making the decisions," said Delors, who today heads the Paris-based think tank Notre Europe, or Our Europe. "If the fathers of the Union had acted like politicians do today, the whole project would have failed." After nearly 60 years of peaceful cooperation, the climate in which the seed for the European Union was planted is hard to elicit.

It all began in 1951, when much of postwar Europe still bore visible scars of the recent war. Masterminded, pushed and brokered by France, which had been Germany's victim in three invasions during the preceding century, the coal and steel union was signed by six European nations where memories of fighting each other were still fresh. The immediate objective was clear: No country (read Germany) should be able to work its mines and steel factories in the service of war against its neighbors again.

But the vision of Jean Monnet, an adviser to Foreign Minister Robert Schuman of France and the Union's mastermind, already went well beyond that.

Mindful to control Germany's re-emergence but also aware of France's declining weight in a world where the United States was now the dominant power in the West, Monnet spoke of a future Europe organized on a "federalist" basis, with former enemies France and Germany at its heart. Germany, meanwhile, was grateful for the opportunity to rejoin the community of nations. Monnet's initiatives paved the way to the Treaty of Rome in 1957, when the signatories of the coal union - France, Germany, Italy, Belgium, Luxembourg and the Netherlands - committed to a European Economic Community, the precursor to today's European Union.

By 1968 all regionwide tariffs were scrapped and in 1993 a far-reaching unified market was created in a Union that by then had grown to 15 members, most of whom agreed to give up their national currencies for the euro six years later. With fewer and fewer Europeans old enough to remember their continent at war, it is not surprising that the central accomplishment of European integration - lasting peace - receives little attention today. "It has been so successful that everyone is taking it for granted," said Leon Brittan, former vice president of the European Commission and a cabinet member during Margaret Thatcher's years as prime minister of Britain in the 1980s.

More celebrated, though primarily by economists, are the economic benefits of the Union. Trade between EU members more than doubled as a percentage of gross domestic product over the last 30 years, while it remained roughly constant with other countries, according to the Brussels-based Center for European Policy Studies. The commission estimates that more than 2.5 million jobs have been created as a direct consequence of the more extensive opening of borders in 1993 and that foreign investment into the region has doubled since then. People may roll their eyes at the 80,000 pages of European guidelines and mock the European Union's penchant for regulating the curvature of bananas in supermarkets, but thanks to deregulation efforts and a Brussels-based competition watchdog, consumers have seen prices come down and choice go up. Phone bills have declined by nearly half, electricity is becoming cheaper and weekend travel has surged as a host of low-cost carriers has sprung up to compete with national airlines.

The single currency has intensified the gains. Euro membership has forced governments to put their traditionally untidy houses in relative order, reducing budget deficits and national debt. Subdued inflation has led to record-low long-term interest rates. Companies say the euro has also cut costs as prices of supplies can be more easily compared across borders and purchases inside the currency zone do not need to be hedged against the risk of exchange rate fluctuations anymore. While the euro soared 25 percent against the dollar in the past two years, only 40 percent of the exports from the countries sharing the single currency leave the region. The rest is free of currency risk. "The days when you had to run around with a calculator are over, thank God," said Renate Hornung-Draus, director of the International Affairs division of Germany's BDA employers' federation, whose members account for 80 percent of German employees. "There is no question that companies have reaped enormous benefits from the internal market and the euro." According to former President Valéry Giscard d'Estaing of France, the euro's launch as a virtual currency on Jan. 1, 1999, was a historic moment both for integration and for Europe's standing on the world stage. Actual euro coins and bills were introduced three years later.

"Our main success has been the euro, the creation of a single currency for Europe," said Giscard, who headed the convention that drew up Europe's draft constitution last year and as president of France had initiated the European Monetary System at the end of the 1970s. "It has deepened the integration of the internal market, and it has created in the world a new monetary pole next to the dollar pole and the yen."

Still, over the past year, perceptions that EU membership is beneficial have declined in 12 of the 15 current members, leaving the overall score at 46 percent, according to an opinion survey across the region published by the European Commission in March. A small but growing proportion - 15 percent - even say they would be relieved if the Union were scrapped altogether.

It does not help that the Union is still largely unable to join forces in the international arena. Since the 1950s, many attempts to form a political unit with a united foreign policy and defense arm were stillborn because France's wish to become more independent from the United States clashed with Britain's strongly Atlanticist stance. Outside trade negotiations, where the European Union does speak with one voice, rifts among member states continue to leave the Union fragmented and weak. Hopes to forge a credible European voice in international relations suffered another withering setback during last year's fallout over the U.S.-led military campaign. As France and Germany spearheaded opposition to the war, Spain, Italy and Britain backed America, splitting the United Nations Security Council, the North Atlantic Treaty Organization and the European Union.

"The inability to work out a common position at the beginning of the Iraqi war was the main failure" in the European Union's history, Giscard said, adding that finding common ground in the future would take time. The 10 new, mainly ex-Communist members from Eastern Europe have governments that are fiercely pro-American. Europe's inability to assert itself has not only frustrated its citizens, who were more united than their governments in the case of Iraq. It has also reduced the EU's clout abroad.

Kenneth Rogoff, professor of economics at Harvard University and former chief economist at the International Monetary Fund, remembers how European bickering left the United States with an edge in several negotiations at the organization, even though the combined European weight in its voting structure was 30 percent - almost twice the United States's 17 percent share. "The Europeans were pathetically unable to coordinate their position," he said. "There was a striking number of cases where the U.S. got its way, because the European parties would negate each others' votes." Meanwhile, the benefits the internal market has provided look less impressive in international comparison. European growth has lagged U.S. growth for 9 out of the last 10 years. Its hourly labor productivity is 12 percent below that of the United States, according to the European Commission. Ambitious plans, agreed upon in Lisbon in 2000, to turn into the world's most competitive economy by 2010 inspire smirks rather than confidence among economists as governments are slow to reform their overburdened health and pension systems.

European leaders, who claimed their continent to be an engine of economic growth when America was in recession two years ago, now sheepishly admit that it was the record-low euro that artificially boosted their competitiveness.

"Americans are quite cynical about Euroland," Rogoff said. "There is a concern that Europe is becoming more sluggish and lethargic, rather than more vibrant and dynamic." Against a backdrop of a declining economic and political influence in the world, pessimists in the EU say embracing 10 new, much poorer nations risks making things worse on both fronts. Poland, the Czech Republic, Hungary, Latvia, Lithuania, Estonia, Slovakia, Slovenia, Malta and Cyprus will account for a fraction of the region's combined GDP, heralding tough negotiations about how to spend the European Union's E100 billion subsidy programs.

In terms of foreign policy their allegiance to the United States may make it even harder to find a common stance on the international scene.

And politically, progress on legislation on most things from taxation to border controls risk stalling, with all 25 members holding veto power. Unease in France is heightened by the fact that Germany is now firmly back at the center of a united Europe. Paris, once the geographical and intellectual focus of European construction, has been relegated to the fringes.

The new member states themselves are quite confident in their ability to add value, both economically and politically. By backing the liberalism advocated in countries like Ireland, Britain, Sweden and the Netherlands, the new eastern members may put some of the reform laggards to shame and inject new life into the Lisbon agenda. France and Germany have failed to meet the EU's budget deficit limits and face mounting voter resistance as they try to overhaul their economies. Danuta Hübner, the new Polish commissioner in Brussels, said the existing members could be in for a bit of a shock. "We are much more liberal and ready to push ahead with reforms and lower taxes," she said.

After decades of Soviet rule, the new members also take democracy less for granted than their western counterparts, said Klaudijus Maniokas, Lithuania's deputy chief negotiator during membership talks. All 10 new member states held referendums and endorsed joining the Union, while none of the existing members asked their people whether they supported the idea. Perhaps through the eyes of the new members, West Europeans will once again see some of the benefits of integration.

"Enlargement," Maniokas said, "could inject new life in the European Union." International Herald Tribune

The voice of the enemy

The Federal Trust
Europe needs a constitution (posted 25 April 2004)

There is a tendency in the ranks of Euroscepticism - albeit not universal - to read only "friendly" tracts. There is a similar, if not more exaggerated tendency amongst Europhiles only to read their own material. On the basis that the first duty of any campaigner is to "know thine enemy", the following is published.

The Federal Trust, it should be remembered, was established in 1938, world federalism then being thought of as the antidote to war. They were wrong then, and they are wrong now. But they still want a constitution.


The draft European constitution proposed by the European constitutional convention and currently under discussion in the IGC marks the next stage in the development of the European Union. Each successive step since the Treaty of Rome has extended the powers of the European Union and improved their democratic functioning. The European constitution will take this a stage further.

The European Union started life as a club of six member states, observing the rules of diplomacy in its decision-making. Since then, and as its founders intended, its institutions have acquired an increasingly important role of their own. The European Parliament is increasingly important as a centre of influence in the EU's decision-making process, in addition to the role still played by the Council of Ministers.

Member state parliaments will gain an influence over the decision-making of the Union in a way they have not had before. And the citizens of Europe will also gain new rights and new means of influence, in addition to those they currently have through the representative institutions.

The EU is truly a small revolution in the way that international cooperation is conducted. This is the reason why the EU is so successful. The constitution will make it more successful still. More

(If the EU is successful, I would hate to think what failure was like - ed)

Sunday, April 25, 2004

As the old boxing cry had it: “We Wuz Robbed!”

Helen Szamuely

In this Sunday's referendums with high turn-out the two Cypriot communities voted differently on the Annan unification plan. While 65 per cent of the Turks voted "yes", 76 per cent of the Greeks voted "no". The plan is now in tatters but where does that leave the EU, which is due to welcome Cyprus as one of its 10 new members on May 1? And what does that tell us about the efficacy of referendums?

In a delightful display of international brotherhood everybody is blaming everybody else for the débâcle in Cyprus. The idea was that the EU will take Cyprus in together with the other 9 new applicants on May 1 without actually sorting out the political mess and, in return, the two separate sections, Greek and Turkish, will somehow vote for some form of reunification. Time went on and the negotiations kept breaking down. Eventually the EU put up a front man for its proposals, no less a person as Kofi Annan, the Secretary-General of the UN. Never backward about coming forward, even when there is next to no chance of success, Mr Annan presented the so-called Annan plan and called on the Cypriots to vote for it in the two separate referendums.

There were various advantages and disadvantages on both sides: the border that disfigures that beautiful island would have disappeared; Greeks would have been able to go back to some of their old places, as would the Turks; Turkish Cypriots would have been guaranteed their homes and Turkish troops would have been reduced to a few hundred, instead of the present several thousand. Unfortunately, some time ago, it became obvious that, while the Turkish Cypriots, hitherto the bad boys of international politics, were going to vote for the plan despite various misgivings, the Greek Cypriots were not. Their reasoning was varied. Some may well have listened to the bishop, who told them that anyone who voted yes would burn in hell, not a view supported by any known reading of the Gospels; more probably minded thir President, Tassos Papadopoulos, who urged a “no” vote on the grounds that a better offer would then be forthcoming. He may well have miscalculated, as did the EU and the UN, not to mention Secretary of State Colin Powell, who also supported the plan.

This Sunday (April 25) the popular vote struck. There was a high turn-out on both sides of the green line, with 90 percent of the 480,000 registered Greek Cypriots and 75 percent of the 143,000 Turkish Cypriots voting, making it one of the most popular referendums in many a long year and much more popular than most of the accession ones in Eastern Europe. Unfortunately, in the Greek south 76 per cent voted against the plan and 24 per cent for it; in the Turkish north 65 per cent voted yes and 35 per cent no. So the plan is dead. But the outcome as far as the European Union is concerned will be curious. As Cyprus has not been reunited, it cannot enter the EU as one entity but Turkish Cyprus is not recognized by anyone except Turkey. Therefore, rather unjustly, the Greek Cypriot government will speak for the whole island, though it does not control one third of the territory and one quarter of the population. However, it seems that all Cypriots will be entitled to EU citizenship and, presumably, the right to live where they want to. This may cause a few headaches.

In the meantime the roles have been changed. Greek Cypriots have become the least favourite members of the international community and Turkish Cypriots are now the good boys. In a sign of disapproval, the UN is withdrawing its peave envoy, Alvaro de Soto and closing down his office. He has indicated that the international community will now do its best to improve the situation of the Turkish Cypriots, which is what made them vote yes in the first place.

The blame game has begun. Kofi Annan is blaming the EU for misleading him and indicating that any plan of his would be immensely popular; the EU is blaming the leaders of the Greek Cypriots for acting in bad faith. They had, or so it was thought, promised to push for reunification if Cyprus is allowed into the EU together with the other countries. Having got what they wanted they played false – a situation the ancient Greek playwrights may well have recognized. Chris Patten is incensed and is threatening the EU’s displeasure: "What has been caused is a huge amount of political ill-will, because there is a deep sense that some Greek Cypriot leaders have behaved in bad faith, and that is not going to make it easier for us to throw our hats in the air and cheer at their accession to the European Union. They are not going to be a very popular addition to the family."

Popular ballots are so unpredictable, are they not?

Myth of the Week

This is the first of a series, designed as a campaigners guide to debunking the Europhile myths used to support the EU constitutional treaty.

Tony Blair: "The new constitutional treaty is designed… to answer the challenge of enlargement". Commons statement, 20 April 2004

There is no more pernicious a myth than the constant refrain, trotted out from Blair downwards, and faithfully retailed even by the Eurosceptic press, that the constitution is necessary to deal with enlargement. And the most obvious and easy response is simply: “what was Nice for?”. We were told that the Nice Treaty was necessary for enlargement and now, with another treaty in the offing, we are again being told that it is necessary for enlargement.

Therein, in fact, lies the clue to unravelling the myth. The constitution is not necessary for enlargement: enlargement is the excuse for the constitution. Exactly the same excuse was used in 1969 when Britain, Ireland and Denmark were set to join the original Community of Six – when Pompidou used élargissement as the excuse for establishing the EEC budget, on which relied the handsome CAP payments that his farmers were going to enjoy. One way or another, every time a significant enlargement has been proposed, it has been used as a justification for further integration.

The Europhiles’ case for a constitution as a response to this current round of enlargement might be more convincing if it had suddenly been dreamed up after the fall of the Berlin wall in 1989, when the prospect of absorbing the former Communist states of Eastern and Central Europe became a reality.

But the truth is that the quest for a constitution predates even the EEC and its predecessor, the European Coal and Steel Community. It was a dream of Coudenhove Kalergi, in 1931, when he wrote his book the United States of Europe, and it was a central part of Altiero Spinelli’s ‘Ventotene Manifesto’, written in 1941 under the title Towards a Free and United Europe.

This latter document was to become one of the basic texts of the European federalist movement and its thinking was clearly reflected in the European Movement’s submission to the Hague Congress in May 1948, from which the Council of Europe emerged. At that time, even, the federalists were determined to set up a constituent assembly – a convention by any other name – in order to draft a constitution for Europe, the text of which bears a remarkable similarity to that which has been drafted by Giscard.

Despite the best efforts of the federalists, however – mainly through the blocking actions of the British – there was no progress on the idea, although it was reactivated again in 1952 when the first meeting of the European Coal and Steel Assembly turned itself into a constituent assembly, with a view to drafting a constitution for Europe. This was effectively blocked not by the British by the French Parliament, which turned against the idea of a “European Political Community”, whence Monnet went ahead with his plans for what became the Treaty of Rome.

As always in Community affairs, however, the idea of a constitution was not dead, but dormant. It took until 1979, and the first direct elections to the European Parliament, for the idea to be resurrected – its author no less than Alterio Spinelli, now and MEP. By 1984, he and his colleagues in the European Parliament had produced a “Draft Treaty for a European Union”, which was a constitution in all but name, and again bears a remarkable similarity to Giscard’s current draft.

At the time, however, it was considered too ambitious and Mitterrand advised Spinelli to go implement his plan in “bite-size” chunks, to avoid scaring of the more Eurosceptic nations and leaders, one of whom was by then Margaret Thatcher. Spinelli took the advice, from which emerged – with the help of a new Commission President, Jacques Delors, the first “chunk”, disguised as a treaty to establish a single market to keep Thatcher off-guard, but given the revealing title of the Single European Act.

Part two of Spinelli’s master plan for a constitution came in 1990, with the Maastricht Treaty, again carefully disguised so as not to give the game away. By 1997, however – on the 50th anniversary of the Marshall Plan, Giscard was in Philadelphia, home of the US constitution, predicting the “miracle” of a convention to establish “this charter of the European Union”.

It took four years, at the Laeken declaration on 2001 for Giscard’s “miracle” to appear, with his appointment as president of the Convention drafting a European constitution, thus realising an ambition of the federalists that was over 30 years old. But, terrified that their plan should be revealed for what it was, a premeditated attempt to create a United States of Europe, the federalists have resorted to their familiar tactics of deception, relying on once again on “enlargement” to justify a plan which existed all along.

Perversely, the constitution – if it happens – will not resolve the institutional stresses brought about by the enlargement of the EU from 15 to 25 nations. The core problems of trying to manage disparate nations, each with their own agendas, remain. But that is hardly surprising. The constitution was never intended to achieve this, whatever Blair and his fellow travellers might claim.

Dealing with Fraud – the European Way

Congratulations to The Sunday Times today for reporting on the European Parliament expenses scam. It recounts how Hans-Peter Martin, an Austrian MEP, has identified more than 30 British colleagues who he claims have been raking in thousands of pounds a year extra in allowances for non-existent parliamentary sessions.

During a two-year investigation, Martin has filmed scores of Euro MPs nipping into parliament to sign up for their daily parliamentary allowance before heading off home minutes later.

But what is particularly chilling is that, as the Sunday Times acknowledges, this practice breaks no parliamentary rules. It notes Robert Goodwill, Tory MEP for Yorkshire and the Humber, saying that he saw nothing wrong with claiming the allowance and leaving early. “I always saw that as reimbursement for staying overnight in Strasbourg,” he says.

In this, he is at one with Glenys Kinnock, wife of Neil Kinnock, the European commissioner in charge of rooting fraud out of the EU. Martin claims she has left the parliament within an hour of signing on at least 26 times, making her by his reckoning Labour’s most prolific claimant. A spokesman for Kinnock said yesterday: “She does not want to give these allegations credibility by commenting on them. She’s broken no rules and got nothing to hide.”

In fact, the practice is perfectly “legal” according to EU Parliamentary rules, and the system not only encourages claimants but actually modifies the business calendar to enable MEPs to draw maximum benefit from it. For instance, Parliamentary committee sessions, which usually run for four to six hours, are invariably scheduled over two days.

That way, MEPs can arrive by midday on one day, attend the committee and clock up their expenses, and then attend the next morning session in order to pick up another day’s expenses before clocking off and dashing for the plane or Eurostar.

The system absolutely typifies the EU. The behaviour cannot be considered criminal, but only because it is in accordance with the rules. What in fact the EU Parliament has done, therefore, is legalise criminality. That, it seems, is the European way of getting rid of fraud.

Patten intervenes

In yet another of his extraordinary interventions in UK politics, EU Commissioner Christopher Patten has told The Observer that the constitutional referendum is “the final reckoning”. Britain would have no choice but to pull out of the European Union if the public vote no, he says.

Asked directly if a no vote would mean quitting the EU, Patten said: “I think as good as. I just think that psychologically we can’t go on like this. It poisons political debate. It has demeaned large parts of our national media. We have to decide whether we want to choose for the first time in a millennium to play in the second division”.

In was Patten, it should be recalled, who also intervened in the 2001 general election, telling Hague that he should concentrate on “schools ‘n’ hospitals” and other domestic issues, rather than campaign on “Europe” – an agenda favoured by Blair. He is again siding with Blair, now seeking to shape the referendum agenda.

His latest intervention adds a new dimension to the increasingly polarised debate. On the one side stand Patten, the Blairites, the UK Independence Party, and even the British Communist Party, all of whom, argue that a “no” vote means leaving the EU. Against them are ranged the Conservative Party and the broader “no” alliance.

More on those polls

Two ICM polls have come up with similar results: the one commissioned by the News of the World showed that 25 per cent will say “yes” to Britain, signing up to the constitution, 55 per cent “no” and around “20” are undecided. The other one, commissioned by the New Frontiers Foundation showed a 21 per cent support for the constitution. The News of the World also points out that when asked whether they thought voting no meant that Britain would have to leave the European Union, 51 per cent said that they did not think so, while 39 per cent did. Whether this was the 39 per cent saying that they thought that should be the case or they merely believed that it was so, is unclear.

The government has not succeeded so far in either frightening or convincing people that voting against the constitution is the same as voting for withdrawal, which will, presumably, be the main plank of its campaign. In fact, they may not find the argument all that useful. For, if they really do believe that there is only one way for the European Union to go and that is to the proposed constitution; if they really do believe and show that they believe that the EU cannot ever change directions, cannot ever reform, no matter what its peoples want, then they will hand a very powerful weapon to their opponents.

A Downing Street spokesman, predictably, pooh-poohed the results. The debate has not started yet and, in any case, the constitution has not been agreed on. When people see what is in it, they will change their opinions. This presupposes that there will be serious changes discussed at the June summit, for the people have shown quite clearly that the constitution, as it stands, is not to their liking.

Booker Notebook

Who knows if these are GMOs?

Last week new regulations came into force, in accordance with EC directive 2000/13, making it a criminal offence to sell any human or animal food containing more than 0.9 per cent of genetically modified organisms (GMOs) without making this clear on the label. I have reported before how Josie MacDonald, a Carmarthenshire farmer, noticed that the imported seed she had put out for wild birds grew up into maize and oilseed rape. As a farmer with scientific training and a longstanding concern about GMOs, she wanted to know whether these were GM plants which could spread across the countryside.

In light of the new law, she rang her local trading standards officials. They said they did not have the facilities to test whether her seeds met legal requirements, and told her to ring the Food Standards Agency. The FSA told her to ring Acas, the advisory committee on animal feed. Acas told her to ring the relevant department of the Department for the Environment, Food and Rural Affairs, who told her that testing the seeds was the responsibility of her local trading standards office, who would definitely have the necessary facilities.

Last week, therefore, in accordance with an edict from Brussels, the Government put into force a new law, on a not-unimportant issue, which it seems the Government has no way of enforcing. Yet if a fisherman is found using a wood-and-rope ladder, instead of the slippery, all-plastic, unsafe version required by EC regulations, our officials have no hesitation in threatening him with a £5,000 fine.

Gates's billions are safe

A month ago, to some fanfare, the Brussels competition commissioner, Mario Monti, announced he was imposing a £331 million fine on Microsoft, the giant US computer corporation, for the crime of giving away a "media player" as part of its Windows operating system. Even though there is nothing to stop customers installing a free rival media player, Mr Monti and his officials had decided that this constituted "unfair competition".

Lord Pearson of Rannoch then asked in the House of Lords how the European Commission proposed to collect the fine. Baroness Symons of Vernham Dean, a Foreign Office minister, explained that, under Article 256 of the Treaty, fines on commercial organisations must be collected by member states. Since Microsoft sells its products in every EU country, I therefore asked the Foreign Office to explain who decides how much of the fine must be collected by the British Government, and who is responsible.

The Foreign Office suggested that responsibility for taking the money off Microsoft would probably fall to the Office of Fair Trading. When I asked the OFT, they said it was nothing to do with them and suggested I should ring the European Commission.

The Commission's London office said it was nothing to do with them and that responsibility probably lay with the Competition Commission. They also said it was nothing to do with them, and that I should go back to the European Commission. I suspect Bill Gates of Microsoft can be confident of holding onto his money for quite a while.

The bent banana bounces back

Nothing better revealed the surreal nature of Mr Blair's statement last week announcing his U-turn on a referendum than his sudden, mad rant about "Euro-myths". A referendum campaign was necessary, he suggested, to counter all the lies peddled about the EU in certain sections of the press - ranging from the claim that, under the constitution, the EU would have a "common foreign policy" (true), to nonsense about "bent bananas".

Blair's outburst was a new twist in one of the longest farces in modern politics. In 1994 Douglas Hurd, as Foreign Secretary, first published a list of "Euro-myths", not least to counter stories in this column about European Commission legislation, and this was subsequently repeated, ad nauseam, by the EC.

Most of these "myths" fall into certain well-defined categories. Some are indeed silly scare stories published by our more excitable newspapers. Others, including several repeated by Mr Blair last week, are so fanciful that no one could ever have seriously put them forward.

But the most comical category, first invented by the Commission in a glossy pamphlet called "So You Still Believe What You Read in the Newspapers?" (nearly half of which was devoted to this column), is what they shamelessly call "True Myths", listing stories which they then have to admit are actually true.

One of these, repeated yet again by Blair, is that hoary favourite about "bent bananas". Why do the Europhiles persist in denying, year after year, that there is any EC regulation laying down "quality standards" for bananas, including a ban on those of "abnormal curvature", when anyone with access to the internet can look up Commission Regulation 2257/94 in less than a minute.

Compared with most of the horrors I report, such as the ecological catastrophe created by the Common Fisheries Policy, this may seem trivial. But if Mr Blair plans to fight his campaign on such flimsy irrelevances, we shall be ready for him - since, on the evidence of his outburst last Tuesday, some of us are considerably better briefed on the curious form of government he favours than he is himself.

We intend to reinforce Booker's challenge. Starting today, we will be producing a regular item on current Europhile myths, under the title "myth of the week"

Workers of the World Unite - but not in Europe

A New Communist Party press release (22 April 2004) calls for Britain to get out of Europe

The New Communist Party of Britain today called on all progressive and working class organisations to unite for a "no" vote in the referendum on the European Union constitution announced by prime Minister Tony Blair last
week.

The European Union, first created by the Treaty of Rome, is a finance imperialist structure built and designed for the benefit of the capitalist class at the expense of the working class in Europe and of Third World economies. It cannot serve the interests of the working class here or anywhere else.

NCP general secretary Andy Brooks said: "The current divisions within the ruling class, between the imperialist powers of Europe and the United States, give the working class an opportunity to act against the developing EU superstate.

"A rejection of the proposed EU constitution by the British electorate will have profound repercussions throughout the EU. Working class organisations in other member states will be strengthened in their own battles against the power of the EU.

"There may even be an opportunity to challenge the very existence of the Treaty of Rome. We should not let this opportunity slip by."

Saturday, April 24, 2004

A very dangerous precedent

Helen Szamuely

Three days ago the Appeal Court in Ghent has ruled that the Flemish nationalist party, the Vlaams Blok is a racist party that proposes political solutions not in line with EU and international human rights treaties. Apparently, its main racist statement was that “immigrants should have only two choices: to adapt or to go home”. This is not in itself a heinous comment and is not all that different from those made recently by the British Home Secretary and politicians in various European countries.

The Vlaams Blok denies that it is racist and quotes one of its opponents, the journalist Tom Naegels, who writes for the pro-government newspaper De Standaard. On January 8 of this year he acknowledged that many politicians in various other Belgian parties hold views on immigration that are similar to those of the Vlaams Blok. Then he explained why he and people like him hated the Flemish party: “Its conservative family policies, its deeply felt ethical objections to abortion and euthanasia, its radical pursuing of the interests of Flanders, its republicanism, these are the issues voiced by no other party, these are in practice the indiscussable phantasms of the Vlaams Blok.” The Flemish economic daily De Tijd put it even more strangely: "The Vlaams Blok faces an existential choice: remain an anti-establishment force or become a civilized party." It is a curious interpretation of democracy and of political culture that considers an anti-establishment party uncivilized.

The Vlaams Blok is not a fringe organization. It has 18 MPs in the 150 strong Belgian Parliament, numerous local councillors and 2 MEPs. It is predicted to win the largest number of votes in the forthcoming local and European elections in June. Apparently, it had to be prevented from doing so, though this week’s decision may not work out that way.

Its main crime appears to be that it is a Flemish nationalist organization as well as having certain economic views that come close to free-market ones. It maintains that the Belgian state is run by the etatist Walloon establishment for their own people’s benefit and to the detriment of the hard-working Flemish, who bring in most of the country’s wealth. The party’s website rightly points out that Antwerp is a port of global importance. It also adds: “The Flemish are amongst the world's best linguists, able to converse with English, French, German and, often, Spanish and Italian visitors in their own languages. No other region in the world exports so much per capita. Flanders' subsidisation of Wallonia is proportionally greater than the financial support given by the former West Germany to the former German Democratic Republic. The Francophone media often portray Flemings as "racists", yet "racist" Flanders is a favourite destination for genuine and self-styled "refugees" from across the world.”

The rights and wrongs of the political debate are irrelevant and, it may be, that the Vlaams Blok is every bit as unpleasant as it is painted by its opponents. What remains disturbing is the apparent war the Belgian government, the socialist party, the Francophone media and various quangos have waged against a party, whose policies they do not like and whose attraction threatens the existence of their own cosy establishment.

In 1999 the first Liberal-Socialist coalition came to power in Belgium in over forty years and Prime Minister Guy Verhofstadt declared immediately that his main aim was the destruction of the Vlaams Blok, a curious political objective for a supposedly democratic leader. Within months a government quango that reports directly to Verhofstadt, the Centre for Equal Opportunities and the Fight against Racism, initiated a court case against the party, citing its unacceptable “racist”policies. Mindful of the Belgian law that allows for political parties to be tried only by courts with juries, the case was brought against three non-profit making organizations that helped to train party officials, collect party dues and distribute its videos. The case, therefore, could be heard before a judge rather than a court. Judges in Belgium are appointed by political parties. In 2001 a Flemish judge of the Brussels Penal Court refused to issue judgement in the case, arguing that decisions of this kind were political ones and had to be made by the electorate through the voting booths. In subsequent elections the share of the vote cast for the Vlaams Blok increased rapidly – the voters made their decision but this was not to the liking of the establishment. The case was appealed and in February 2003 the Flemish section of the Brussels Court of Appeal confirmed the original ruling. The head of the Centre, with support from the Government then announced that he was going to harass the Vlaams Blok until he found a judge that was willing to decide the “right” way. Presumably, all this was to be done using the taxpayers’ money. Last Tuesday such a judge was found: he is Alain Smetrijns, who just happens to be the chairman of the Lions Club in Ghent, a francophone pro-Belgian unity group.

The three organizations have been fined heavily and the party itself is now going to be deprived of state funding, the only kind of funding that is legal in Belgium as private political donations over 125 euros have been banned. The supporters of the Vlaams Blok have said that they intend to vote for the party in June and some of the more intelligent establishment politicians have expressed fears that the Blok’s already formidable popularity will grow as it will be perceived to be a martyr. However, as things stand, the Vlaams Blok will not be able to go on functioning after the June elections. Prime Minister Verhofstadt will have achieved his aim. One wonders whether the people of Belgium, already dissatisfied with many aspects of their government, not least the fact that the Dutroux case has been pursued with considerably less zeal than the campaign against the Vlaams Blok, will feel the same. And what are we to make of the fact that the EU is negotiating a constitution that would integrate Britain more closely with countries in which such things go on?

It's the fishing industry stupid!

The Scottish Sunday Herald (25 April 2004) reveals that Blair is set to woo SNP with and EU fish deal. Thirty years after Heath gave away the fishing industry, as a price for joining the Common Market, the issue is coming back to haint Blair. It could become a pivotal issue in the referendum campaign, especially as the Conservatives have pledged to repatriate the CFP.

By Douglas Fraser, Political Editor, and James Cusick, Westminster Editor

Tony Blair is prepared to demand that Brussels hands back control over Scotland’s fishing industry as part of an audacious plan to win SNP support for a ‘yes’ vote in the proposed referendum on the European constitution. The Prime Minister is preparing a radically changed position on the European constitution, with a new, toughened negotiating stance and a warning to fellow EU leaders that he cannot win a referendum ‘yes’ vote unless he wins more concessions.

Until now, the government has repeatedly refused to add fisheries to the so-called “red line” issues such as defence, taxation and foreign policy. However, a source close to the Foreign Secretary, Jack Straw last night hinted strongly that Scotland’s crucial fishing industry is one of the areas where the Prime Minister could re-take control back from Brussels. “Since the Prime Minister has come out in favour of a referendum, he can try and push things further with EU colleagues. “We’re in different territory now, so if the SNP are good at driving a hard bargain, it might be achievable.”

Asked if there would be other demands from other parts or sectors of Britain for other red-line issues, Straw’s aide replied: “The fisheries question is obviously intensely felt in Scotland. He added: “It remains such an important industry in Scotland, so this is in a different category to others.” To help cement the deal between the government and the SNP, Alex Salmond, the Westminster leader of the Nationalists, and Angus Robertson, its foreign affairs spokesman, have been invited by Straw to explore ways in which the SNP could be brought into the government camp in fighting for the ‘yes’ vote. The meeting is expected soon. The SNP leader John Swinney made the pitch for the deal in his conference speech in Aberdeen yesterday.

“To win the referendum,” he said, “Tony Blair needs to win in Scotland. To win in Scotland, he needs the support of the SNP. “And he will only win the support of the SNP if he vetoes the absurd plan to hand over Scotland’s fishing industry to Brussels,” added Swinney. Although in the latter stages of negotiating the new EU constitution, last week’s decision to put the document to a UK referendum has given the Prime Minister an opportunity to table a set of new, toughened demands of other European leaders.

Without any further concessions, he can warn other heads of government that there is little hope of a ‘yes’ vote in the UK.

The SNP’s offer of a deal, seven weeks out from the European election and in the same week as Blair’s U-turn on holding a European referendum, is intended to exploit Labour discomfort over the issue. But it would also suit the SNP if the Blair government removed the one obstacle Nationalists have chosen for themselves to support the ‘yes’ side in a referendum.

Most within the SNP would prefer the party to present itself as a European party in such a high-profile campaign, as it has done since adopting its ‘Independence in Europe’ policy 16 years ago. In his conference speech, Swinney tried to present fishing as more than an issue for coastal communities, linking it with other departed industries such as coal and steel and part of “the great industrial fabric of our country”.

“This party welcomes the idea of a European constitution, but only a constitution which is in Scotland’s national interest,” said Swinney. “We have seven weeks to save our fishing industry. That’s the rallying call we will be taking to every community in our country.”

However, the hard line on fisheries was attacked by the Green Party. A spokesman said: “The SNP and the Tories are the real enemies of fishermen. They’re just playing politics. “By arguing for more and more fishing as if there’s unlimited fish in the sea, they claim it’s all ‘Johnny foreigner’s fault’ – when the real solution comes from investing in communities, while insisting that we reduce the amount of fishing so that stocks can recover.”

New fishing commissioner a Latvian diplomat

If there was any confirmation needed as to why we need to reject the constitution, it is the news that the EU Fisheries Commissioner for the next term will be a Latvian. Sandra Kalniete, currently Minister for Foreign Affairs in Latvia, has been appointed co-Commissioner, working alongside Franz Fischler, and will take over fully in October.

The central issue here, is that the Common Fisheries Policy in the draft constitution is reserved as an “exclusive competence”, run by the Commission and wholly outside the control of individual member states, who can only respond to Commission proposals, which are approved by qualified majority voting.

This means that the UK, with 85 percent of waters in the EU bloc, but with only 13 percent of the vote, will have its fishing industry ruled by a former foreign minister of a country with a population of only two million (less than half the population of Scotland) and a fishing industry one tenth the size of the size of the British industry.

Furthermore, under the so-called CFP reforms, the key measure is to introduce multi-annual programmes which are approved by the Council of Ministers in the first year and then run exclusively by the Commission thereafter, leaving the UK with little control over its own industry or waters.

To add insult to injury, Kalniete has spent her entire political career working in foreign affairs. She made her name fighting for her country’s independence at the beginning of the 1990s before becoming Latvian ambassador to France, worthy enough occupations, but she has absolutely no experience of the fishing sector.

One wonders how the British might have voted in 1974 had they been told, in the fullness of time, that one of their most treasured industries would be run by a former Latvian diplomat.

How they see it in Washington

A Referendum on the EU

Editorial in The Washington Times 24.04.04

The decision by British Prime Minister Tony Blair to hold a referendum on the EU Constitution is important not only for Britain, but for Europe overall. Mr. Blair's move, which reverses his earlier opposition to a referendum, is resonating as much in Paris and Berlin as it is in London.

The constitution is slated to be approved in principle by EU leaders in June, but will first be debated by Britain's Parliament. Political analysts anticipate the referendum will be held after Britain's next general election, which is expected to take place before June 2005, and prior to Britain taking over the rotating EU presidency. Britain last held a national referendum in 1975, when the voters supported, by a 2-1 margin, staying within the European common market.

The EU Constitution would create a more monolithic Europe, consolidating the power of the EU's executive, legislative and judicial powers in Brussels. It also will give Germany and France greater voting weight within EU institutions. Given the size of German and French populations, that weight may not seem unreasonable in theory. In practice, though, these countries have given their European partners ample reason to be concerned about how they use power.

Mr. Blair's decision to hold a vote on the constitution enables the British electorate to become an arbiter of German and French actions, regardless of what is decided on a government-to-government level. The Czech Republic, Denmark, Ireland, Luxembourg, Netherlands, Portugal, Spain, Poland are all likely to hold votes on a constitutional text. Polls indicate that support in Europe for a constitutional treaty is waning. In England, far more people are currently against a treaty than support one, though the ranks of the undecided are large.

Mr. Blair's defense of countries' sovereignty, together with his support of a referendum, has brought balance and street credibility to the constitutional process. Mr. Blair reiterated Tuesday that he will only support a constitutional treaty if it guarantees EU countries veto power over tax, social security, defense and foreign policies.

Germany and France, meanwhile, have eroded that credibility by deciding, a la carte, which EU guidelines apply to them. They have systematically breached the 1999 stability-pact economic guidelines, which Germany itself conceived. But the European Commission decided in November to suspend the pact, rather than penalize the two countries. In other instances, Germany and France have tried to disproportionately hold sway over other European matters, but have been successfully checked by other countries -- primarily Britain.

Mr. Blair's steady will on constitutional matters benefits the British people, and Europe. His about-face on the referendum is commendable.

BNP - straws in the wind?

In the Madeley Ward by-election (Telford, Shropshire) last Thursday (22nd April 2004), Martin Coleman of the BNP polled 13 percent of the vote (188 votes), only eight points behind the Conservative candidate who came third with 21.5 percent.

The seat was won by Labour's Janice Jones with 29.1 percent of the vote, with an independent candidate coming second, taking 26.7. The UK Independence Party came last, gaining only 36 votes, taking 2.5 percent of the poll.

The shock BNP result comes as Searchlight is beginning house-to-house delivery of a free edition of its "European Election Special", urging people to vote for "a democratic political party and not a bunch of hatemongers".

Concerned that the BNP could win a Euro-MP at the forthcoming elections, "with a very small percentage of the total votes", Searchlight argues that it is "time to pull together once again to show the BNP that their bogoted views are not welcome here".

The problem is that, if the Madeley result is anything more than a straw in the wind, enough people are sufficiently in favour of BNP to award them a seat in the EU Parliament.

And with UKIP floundering in last place in a seat contested by the BNP, there are fears that BNP may erode the UKIP vote at the Euro-elections, when it expects to field a full slate of candidates.

Two thirds want to stay in EU

According to an ICM Research poll, in which 1,010 people were interviewed between 22-24 April for the News of the World, only a quarter of the British public will vote ‘yes’ in the constitutional referendum. The question asked was: “Do you believe Britain should sign up to the EU’s constitution?” Some 55% said ‘no’– with just 20% undecided.

But the poll also revealed that the British public believes strongly that Britain must not withdraw from the EU altogether. Almost two thirds of those expressing an opinion said they believed that Britain should stay in.

The Guardian, on the other hand, today cited “Labour strategists” who believe that the referendum can be won, claiming that almost half of the 50% declared no voters (their estimate) are persuadable, as are the 30% in the don't-know camp.

Based on the News of the World survey, these Labour strategists appear optimistic, although Blair’s judgment - that an “in-out” referendum is winnable – is supported. Bearing in mind that the 1975 referendum started with a 74 percent majority for leaving (the EEC), and the percentage was effectively reversed on the day, Blair starts with an easier task than did Wilson in 1975 – as long as he can keep the issue focused on withdrawal.

Clearly, Blair will appreciate the support of UKIP, which is still seeking to maintain that a vote against the constitution means withdrawal. “No” campaigners will need to redouble their efforts to distance themselves from the Independence Party, if they are going to convince the electorate that “no” simply means blocking the constitution.

E-day puts EU flags in short supply

I love the reference to the "Propaganda materials store". I wonder if they also sell white flags.

Reuters Warsaw - The EU's star-studded blue flag is in short supply just a week before Poland joins the bloc and despite some last-minute jitters about membership.

"Our workshop has been working night and day to meet demand and we still ran out by 11am," said Liliana Niewiadomska, the owner of the "Propaganda materials store" in Warsaw, where the queue spilled out to the street before supplies ran out. "If you had come here in January and stayed for weeks you wouldn't have seen a single customer."

Niewiadomska said customers range from officials planning May 1 accession galas to everyday citizens preparing E-day parties. Thousands of Poles are expected to show up at street parties marking EU entry, including the EU flag-raising ceremony at Warsaw's presidential palace at midnight.

Comment by Peter Troy

Well I see there is a new blog on the block. Congratulations. Clearly there is a need for the facilities of Blog to be put to a positive use ! Is this the thinking mans' blog, a broadsheet blog ?

The posting yesterday referring to the Federation of Small Businesses (FSB) is very relevant.

A very important business supplement was produced this week, which illustrates potential business people power. I say business people power rather than business organisation power. The potential influence that the FSB could bring into the EU debate is huge -that of course is not what the government wants to happen. Licensed dissidents must of course, remain 'on message'.

On Thursday the Federation of Small Business published a supplement to its bi-monthly magazine ''First Voice'' called ''FSB Conference Insider'' The magazine details the events of the 186,000 member organisation's annual conference last month.

As is referred to on this blog the issues of regionalisation and the EU constitution were debated at the FSB's annual conference in Blackpool.

Motion 2, called ''on the Office of the Deputy Prime Minister to disband the programme for Regional Assemblies. '' This was passed by the grass roots membership by a massive majority of 82%.

Motion 5, '' This conference calls upon Her Majesty's government not to sign the Treaty establishing a Constitution for Europe on the grounds that handing over more power to Brussels will have a detrimental impact on the UK business environment. The unequivocal wording was accepted by 95% of the delegates.

In 2001 I proposed a motion calling for the FSB to demand a total withdrawal from the EU, that was also accepted by a substantial majority, 68%.

The Voice of Small Business has spoken several times on EU issues. Despite the fact that the motions were substantially endorsed by the branch delegates the Federation's ruling body the National Council has yet to bring policy in line with its members views.

One senior FSB official amazingly said to me at the conference, '' this is only the views of the delegates".
I regret not recalling Pythagoras' comment ''from the sample we can judge the whole''. Though of course the conference delegates are more than the sample they are the representatives.

Peter Troy is Chairman of the Darlington Branch of the FSB

Blair told ballot was risky

According to the Daily Mirror today (24 April 2004), Blair was warned by his own NEC not to risk a referendum. Leaked minutes of the NEC state: "Polls said that 90 per cent didn't understand it, so the vote would in fact be about something else and would probably end in a free pop at the Government."

That last sentiment is probably well founded, and it begs the question as to why Blair undertook something which is so evidently fraught with hazard. Clearly, Blair must have made his own assessment of the risk, and can hardly have come to a different conclusion. So why did he do it.

Several theories have been offered, my favourite being that he needed to stave off a collapse of the Euro election vote, which would have been personally humiliating when he went to the IGC summit on 18 June to agree the new treaty.

But there is also a possibility that, having announced a referendum, Blair either knew or suspected that this would challenge the fragile consensus stiched up by Bertie Ahern, on which any agreement might be reached. In other words, the very fact that the UK has committed to a referendum may mean that the IGC may unravel.

There may, therefore, be no treaty agreed in June. The Grand Old Duke of Spin may be marching his troops to the top of the hill, only to march them down again.

French an also-ran as English tops the EU

The Daily Telegraph, 24 April 2004
By Ambrose Evans-Pritchard in Brussels

Maybe it is a Tower of Babel, but at least they will be able to understand the word "no".

The entry of 10 countries into the European Union next week marks the ascendancy of English as the undisputed common language of the Brussels institutions, relegating French to an also-ran. When the incoming commissioners gather on the 12th floor of the Breydel Building in early May, some may mutter a few words in German or French out of politeness, but almost all will flip spontaneously into English once real business begins.

Poland's Danuta Hubner was educated at Sussex University and Berkeley; Latvia's Sandra Kalniete went to a Foreign Office boot camp in Leeds; Slovakia's Jan Figel and Lithuania's Dalia Grybauskaite went to Georgetown in Washington. The Cypriot and Maltese duo speak English almost as a mother tongue.

A French offer of free language teaching and gourmet cuisine at the Chateau de Correnson near Avignon does not seem likely to change the habits of a lifetime. More than 57 per cent of all European Commission documents are already drafted in English compared to 29 per cent in French and five per cent in German - the three core languages. English is automatically chosen for economic and financial reports.

Only a decade ago English was still banned in the press room, while Brussels sometimes seemed little more than an extension of the French civil service. Now the switch seems irreversible. Only 14 per cent of the candidates for EU jobs from the East European states have so far chosen French as their working language, while 69 per cent opted for English.

Jonathan Faull, the director-general of justice and home affairs, who is bilingual, said a revolution had taken place since he arrived in 1978. "It's changed enormously. Then everything was in French and it was very rare to see an internal memo in English."

With the switch in language comes conceptual advantage, subtly feeding the "Anglo-Saxon" way of thinking into the EU system. "Some of my French colleagues complain that we have not only brought Shakespeare but also Milton Friedman and Margaret Thatcher, and they may have a point," said one British official.

France's EU ambassador, Pierre Sellal, has been fighting a rearguard campaign to save French in Brussels, saying language is crucial to "the modes of perception that shape the European system". But if day-to-day business changes to English, or rather "Le Bad English" as the mash of mangled syntax and bureaucratic jargon has come to be known, all new rules and directives will still have to be translated into a tongue that can be read by all 450 million citizens of the enlarged EU.

Never easy - "copyright" was once translated as "a right to copy" in the French text - the turnout will soar from 1.4 million to 2.4 million pages a year as the newcomers raise the number of official languages from 11 to 20. A growing army of 1,200 translators and 700 interpreters will be on call at a cost of £700 million a year. They can earn up to £80,000 a year, plus perks and allowances. The ultimate target: 80 interpreters per language per day for 11,000 meetings each a year, even if most end up speaking with nobody listening.

The scale of the challenge was all too visible when Sandra Kalniete tried to conduct her ratification hearing by MEPs in Latvian. By the time questions on farming had been relayed from Greek and Italian through the "pivot" language of English into Latvian they had become so garbled that she ripped of her earphones and switched to English.

Friday, April 23, 2004

No "plan B" for the constitution

Reported by Agence France Presse (23 April 2004) the EU has no back-up plan for the constitution if it is rejected by any member states, according to Brian Cowen, Irish foreign minister.

After Irish voters rejected the EU's Nice enlargement treaty in a referendum in October 2002, "we produced our plan B, which was a blank sheet of paper," he told reporters.

"The plan B for the aftermath of the constitutional treaty under our presidency is also a blank sheet of paper. It's the same piece, I have it at home", Cowen joked after meeting his Danish counterpart, Stig Moller.

Despite this, Cowen is bullish about the constitution's prospects. "People who talk about plan B are really failing to understand what all the ambition and effort of what we are trying to do is all about," he said.

"We are geared to success. We have made a commitment to succeed. This treaty will be brought to the people with all the benefits, all the balances and all the possibilities that it will provide, as previous treaties have done.

"And I am sorry, I am not prepared to accept that this is a process geared to failure or rejection, because there will be so much in this treaty when we agree."

Moller agreed that it was pointless to begin planning for rejection. "It's impossible to have a plan B, because this treaty gives us the rules of the game and you can't opt out the rules of the game," he said.


Do we really want to be part of this?

Mitteleuropa: German Threat Resurgent
By Marian L. Tupy

The European enlargement was supposed to be wonderful. The Central and Eastern European countries (CEECs) were to join a happy European family and partake in its riches and political stability. No doubt, the bureaucrats who negotiated the EU expansion will go ahead with mutual backslapping. But there is no denying that the initial enthusiasm and naïve optimism that accompanied the enlargement negotiations in Central and Eastern Europe is petering out. Not only will the citizens of the new EU countries enjoy a second-class status by being kept out of the EU labor markets and exposed to unfair competition from over-subsidized French farmers, but they will also be subjected to blackmail from their traditional nemesis: Germany.

The trade-off at the heart of EU enlargement was simple enough. The CEECs would gain access to the EU markets and, in return, they would adopt 97,000 pages of European rules and regulations called the "aqui communautaire." Many of those rules were inappropriate and outright harmful. The EU Commission, for example, estimated the cost of Central and Eastern European compliance with environmental regulations alone at 120 billion euros. On the upside, the CEECs were promised financial help from the EU to meet the cost of accession. By the time the CEECs signed the accession treaty, however, the EU was experiencing an economic downturn and had to cut the size of financial transfers from west to east. Under the proposed EU budget for 2004, for example, the new members will net a total of only 1.8 billion euros, far too little to offset the cost of accession.

The bad news is that as long as the CEECs continue to receive EU financial aid, they will have to march to the German drummer, for it is the German taxpayer who bankrolls much of the EU spending. That fact was lost to the negotiators, but not to a skilled and unscrupulous German chancellor, Gerhard Schroeder, who last week explicitly tied continuation of EU aid to levels of taxation in the CEE. Again, the trade-off is simple. After decades of communism and the concomitant economic devastation, many accession countries continue to suffer from low productivity and high corruption. To compensate for their shortcomings, some CEECs have chosen to cut their taxes as a way of improving their investment environment. Slovakia, for example, has introduced a 19 percent corporate and income tax. Investments started pouring in and many European firms, including German ones, are considering moving there.

All that does not make Gerhard Schroeder happy. On his watch, the German economy slowed down and, last year, contracted. So did private investment, which declined 12.1 percent over the last three years. Most analysts agree that Germany is plagued by deep structural problems and business-killing taxation. Unfortunately, Schroeder can't do much to change that because he needs tax revenue to pay for a bloated welfare state, and welfare cuts are made virtually impossible by the size and strength of his domestic opposition. Schroeder could, of course, show political leadership and use his parliamentary majority to impose changes on his country in the way that Margaret Thatcher did in Great Britain. Instead, he has chosen to extend the German economic malaise on the accession countries as well.

As a matter of fact, the EU in general and Schroeder in particular have brought this state of affairs upon themselves. In a rapidly harmonizing EU, tax policy has emerged as the only effective means of competition among the member states. Tax-cutting policies, which are still a national prerogative, allow member states to offset the rising costs of European social legislation and "poach" investors from one another. Since the agreement on common taxation is unlikely to happen anytime soon, Schroeder opted to extort the European tax havens, like Slovakia, by warning them that low taxes are incompatible with continued financial transfers from the West.

As he explained, "In the future we have critically to discuss the issue [of low taxation] with the new members.... Tax policies of those countries are not sufficient to finance development of infrastructure and so they (CEECs) focus on co-financing from Brussels."

In other words, if the CEECs don't put up their taxes, they will not receive the structural and cohesion funds that were promised to them in the first place. The utter cynicism of Schroeder aside, the CEECs have to give serious consideration to their developmental policies. There is ample evidence to suggest that a welcoming business environment and low taxes are better at achieving economic growth than government-distributed financial aid. If it comes to that, therefore, the CEECs should be willing to jettison all EU aid, focus on keeping their taxes low and their vigilance high-for it is certain that the Schroeders of this world will search for new ways to undermine them.

Preening?

Predictably, UKIP campaign organisers are preening themselves on “enjoying great success in the media”. Roger Knapman, according to the proud authors of the UKIP Campaign Information Bulletin (23 April 2004), “acquitted himself well against the ‘dreaded’ John Humphrys on Today prime-time”.

Was that the same Roger Knapman who told Humphrys that if the UK did not ratify the Constitutional Treaty, it would automatically lead her to being expelled from the EU – a comment that is without basis in fact and has had the gathering “no” campaign to vow to have nothing to do with UKIP? I think we should be told.

Nevertheless, party organisers concede that the Tories “have endeavoured to wrong-foot Blair and maximise his discomfort in the debate over the referendum on the off/on Constitution issue”. They do not venture to suggest, however, that this might be better than aligning with Blair and doing the work for the “yes” campaign.

In what is likely to be a hallmark of the early campaign, it seems UKIP is more content – when it has time to break off from supporting Blair – to attack the Tories for a position which is “far from comfortable or logical”.

It enjoins its members to apply their own 'spin' in letters to the media, “highlighting the incongruousness of a major opposition party wanting to stay in the EU, whilst rejecting both the Constitution and the euro and then expecting to negotiate with 24 others on the repatriation of our fishing and farming policy”.

As one prominent Eurosceptic observed, “they seem to have forgotten who the enemy is”.

Walking the walk

While Tory leader Michael Howard may be talking the talk, his MEP are walking the walk, but in a different direction. To a man – and women – they have been required to join the ultra-federalist European political grouping, the EPP-ED.

The theory was, according to Jonathan Evans, their arch-Europhile leader, was that they could pursue their own independent line, separate from the parent group. But, as is so often the case in the EU, theory and practice rarely share the same universe. When Christopher Heaton-Harris, then the Tory Euro-MEP whip, tried to get a motion underway censoring the Commission over it handling of the Eurostat affair, he found the going a little rough.


Roger Helmer MEP, in his latest “electronic newsletter” from Brussels, explains some of the background:

Many Conservatives will have been surprised by Christopher Booker's Sunday Telegraph column on April 18th. He discusses the Party's decision to re-affiliate with the EPP group in the Brussels parliament next time round.

He also reports, correctly, that most Tory MEPs signed Chris Heaton-Harris's censure motion condemning the Commission for its failure to address fraud issues, especially at Euro-Stat. And that we were all asked by Jonathan Evans to withdraw our names, because Jonathan, having signed initially, later decided that for tactical reasons it was not the right time for this motion.

As Booker reports, there are seven names of Conservative MEPs remaining, including Chris's. You may like to know that I am also one of them. I cannot see any tactical reason to risk giving the impression that Conservatives have gone soft on EU fraud -- least of all a few weeks before the euro-elections. Our 1999 euro-manifesto contained an explicit commitment to fight fraud in the EU institutions.

We have seen some appalling arm-twisting and bullying tactics by the EPP (and, to be fair, by other political groups) to get members to withdraw their names. One German CSU (EPP) MEP was threatened with expulsion from her party and removal from their euro-list unless she withdrew her name. For days the numbers see-sawed as some withdrew, while others added their names, but finally yesterday (April 20th) the final version was tabled, with enough signatures. It will be debated today, and voted in the May plenary.

So why are the EPP (and others) so dead-set against a censure motion on fraud? Easy. They don't want to vote against it -- and appear soft on fraud just before the election. But they don't want to vote for it -- and damage confidence in the EU Commission, and therefore in the whole EU project. So they just wish it would go away.

They are so keen to promote their European ideal that they just don't care that it's corrupt to the core. And they're content to sweep scandal under the carpet. This time, they failed.

Germans favour EU referendum

Expatica, 23 April 2004

The rot starts... now wait for the French!

BERLIN - More than two-thirds of Germans favour holding a popular referendum in this country on ratification of the proposed European Union constitution, according to a survey released Thursday.

The representative survey by the Forsa Institute for N24 television showed 69 percent of respondents favoured a referendum like the one Prime Minister Tony Blair has proposed for Britain on the issue. Only 25 percent opposed such a referendum, according to the survey of 1,001 persons.

German Chancellor Gerhard Schroeder has come out staunchly opposed to holding a referendum in Germany on the issue.

Stakeholders and chips

Censored!

This is the article that the Federation of Small Businesses didn't want published. It was due to appear alongside an article by Tory MEP Philip Bushill-Matthew extolling the virtues of the FSB and its sterling efforts in consulting with the government on the working time directive. Embarrassing, or what? Read on.

A very large rat crossed my desk the other week. Not that it looked like a rat, of course; in fact, in the form of a pristine white bundle of paper, it could not have looked less like a rat. But it was nevertheless a rat. What gave it away was the smell or, to be more precise the title. It was a consultation document on an EU directive.

Quite what the subject was, or which Department of State it was from, I now forget, but that is exactly the point. So many “consultation documents” pass my desk that it is very hard to remember what any of them are about. We are saturated in consultation documents on every subject under the sun.

Idly searching the internet search engine - the admirable and indispensable google – I keyed in the word “consultation” and added for good measure “EU and pressed the button. In a mere 0.24 seconds, according to the header on the results page, there were 1,790,000 entries, an indication of how far this new disease of “consultationitis” has spread.

Selecting at random from the entries, had you been so inclined, you could have read “the second part of an ongoing consultation process with the public and industry on the implementation of the EU Greenhouse Gas Emissions Allowance Trading Directive”, organised by the DTI, although we were only given eight weeks to submit our views.

Failing that you could have communed directly with the EU on its “newly published Environment and Health strategy”, or trimmed your sails and spoken to Defra on “the proposed EU Directive on community measures for the control of foot-and-mouth disease”. If you found that boring, there was always the “Public Consultation on Market Definition and Analysis Regulations”, or you could even have taken part in an entertaining discussion of the transposition of EU Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services.

For light relief, you could have entered the consultation section of the web site on the EU White Paper on Youth, which cheerily announced that “We’re interested in YOUR opinions”, offering an invitation to “Have your say” by completing the questionnaire online.

For those of a more serious bent, there was the EU Consultation Document on “the Future Development of The European Union Education, Training and Youth Programmes after 2006” or even the European Commission’s consultation on working time, with a view to revising the EU’s working time directive. And there was even – I kid you not – a consultation on the EU’s consultation Directive, tempered only by another tranche of consultation on the draft EU directive on “Unfair Commercial Practices”.

Writ large throughout these dire exercises, however, is a single word, a word loathsome in its enormity, the dreadful and dire “stakeholder”. In order to consult with our masters, we are no longer people, nor individuals, nor even citizens or subjects. We are all stakeholders now. Tempted or cajoled by what has now become a mighty industry, occupying thousands of hours and the combined efforts of a whole new army of “consultees”, we enter the consultation process with this new-formed identity and offer up our views to the almighty in much the same way that our ancestors used to offer gifts to the gods.

So why am I against all this? The simple answer is that it is a con, a huge, gigantic Juggernaut of a con. They are not really after your views and opinions. The issues have been long decided. Once our government in Brussels has issued its directives and regulations, we have absolutely no say in the matter. Our job is to listen and obey. The whole consultation process is a charade.

In fact, the only value of the process is to give you the impression of “participation” – another of those dreadful buzzwords – and to neutralise subsequent complaints. “Ah, but we consulted you”, they say, when you realised quite how badly you have been stitched up.

What they are really after, therefore, is not sentient human beings, but the FSB – not our own revered organisation but a collection of “Feeble Stakeholders Bleating”. Some highly irresponsible people claim not to be able to discern the difference between the two FSBs, but they should be consigned to outer darkness – at least until I have been paid for this article. The stakeholders are the new elite.

Actually, I got wise to this some time ago when I worked for a small trade association representing egg producers. After carefully crafting umpteen detailed and lengthy reports, after careful consultation with our own members, we began to realise that what we said made not one whit of difference. In the end, we produced a printed response letter, which stated that we disagreed with the proposals and wished for them to be scrapped. That made not one whit of difference either, but we felt slightly better and it saved a great deal of time.

The worst of it, however, has only dawned on me recently, and that is why I detected the pungent aroma of four-legged vermin. The consultation process is not only useless; it is also a negation of our democracy. We are not a “participatory democracy” as the EU would have it, but a representative democracy. The people to whom we should express our views, and who in turn should express them for us, are our Members of Parliament in Westminster.

By consulting with us directly, the Eurocrats and their fellow travellers in the UK are in fact by-passing our elected representatives, making them marginal players. Small wonder we are losing faith in the political process. Our MPs have been consigned to the role of bit-players while the great EU consultation Juggernaut rolls on.

For my own part I have had enough. The only “stakeholder” I now recognise comes at the end of a Count Dracula film. And I will no longer attend consultation meetings as I cannot guarantee that I could resist the temptation to bring with me a long, sharpened piece of wood to plunge into the heart of the first person who uses the dreaded “S-word”. You have been warned.

FSB - on the sidelines?

During the 1975 referendum, the Confederation of British Industry was a key player in the "yes" campaign. Small business did not have a voice. At the time, the Federation of Small Businesses was only a year old - too young to be a "player". In the forthcoming campaign, however, the FSB - now a mature organisation - could and should be a key player.

On the other hand, however, there are worrying signs that the Federation has been "captured". At its annual conference last month - with a referendum on elected regional assemblies in the offing, and no action having been taken by the FSB - Joanne Warren, a Leicestershire member, proposed a motion to disband the regionalisation programme.

Yet, despite obvious strong feelings on the issue, the national policy committee decided to take a "neutral stance" and not offer an opinion. It was left to the ordinary members to make the case, with the motion proposer sweeping to victory. The branch vote was 89,332 for, with 19,130 against, with 144 personal votes cast for the motion against a mere 31 dissenters - a massive 82 percent oppsed to regionalisation.

This was, of course, before the EU constitutional referendum had been announced, but there was also another motion on the agenda, calling on the government not to sign the constitutional treaty. This time, the policy committee, in the form of Brian Prime, did support the motion, and it was carried by 104,178 to 5310 - a massive 95 percent victory.

Despite this, there has been a stunning silence from the FSB hierarchy, and the only measurable action it seems to have taken since is to drop its long-standing anti-EU columnist, Richard North, from its members' magazine, First Voice - his latest article having mysteriously disappeared from the latest issue.

Thus, while FSB members have made their views known, there is a very real risk that the hierarchy - which includes known New Labour sympathisers - will seek to ensure that the Federation sits out the referendum campaign, keeping silent on the issue.

The question is, will its members allow the Federation to remain on the sidelines, as it is doing with the regionalisation referendums? Watch this space.

'No' campaigners desperate to sideline hardline Eurosceptics

By Ben Russell Political Correspondent
The Independent, 23 April 2004

UKIP's determination to align itself with Blair in making the referendum an "in-out" issue is having the predictable consequences. The "no" campaign will not have anything to do with it.

Campaigners opposed to the proposed European constitution are preparing a "softly softly" strategy to counter attempts by Tony Blair to turn the referendum on the issue into a wholesale vote on Britain's future role in Europe. Leaders of the embryonic "no" campaign are desperate to sideline hardline Eurosceptics who could aid Tony Blair's strategy of turning a referendum on the treaty into a full-scale poll on Britain's future place in the EU.

Senior figures want to exclude the UK Independence Party and other figures vehemently opposed to Britain's membership of the EU in favour of a "positive vote" for radical reform in Brussels. They want to demolish Mr Blair's claim that a "no" vote in the referendum, expected in autumn next year, will consign Britain to a form of "associate membership" permanently on the sidelines of Europe.

Instead they want to argue that a "no" vote is a positive vote for a different type of treaty. One source said: "There will be no question of UKIP being part of that campaign." Market research by potential leading members of the "no" lobby is said to suggest that Mr Blair cannot win a referendum on the detail of the constitution itself.

Michael Howard, the Conservative leader, has already set out his battle lines for the campaign, insisting that a vote against the constitutional treaty will leave the existing institutions of Europe untouched.

The anti-euro No Campaign disbanded after the decision by Gordon Brown to rule out early entry to the European single currency. But talks are continuing between a disparate group of business leaders prominent in the anti-euro campaign, Eurosceptic Labour MPs and Conservatives. The participants hope to set up a cross-party group which can run the anti-constitution campaign.

Senior figures are confident of easily raising the £5m allowed for a campaign, arguing that even pro-single currency figures from the business world are alarmed at the possible effects of a "yes" vote on the constitution. One source said: "We are going to be able to raise millions without trouble."

Central to the new grouping is thought to be Alex Hickman, a little known figure who served as chief executive of the Business for Sterling Group and is said to be respected by all the "concentric circles' of opinion likely to form a new "no" campaign. Matthew McGregor, the former head of the pro-referendum Vote 2004 campaign is also likely to be a leading figure in any campaign.

Has Blair run out of choices?

Helen Szamuely

The British media could not resist the pun. “Blair does an EU-turn” screamed the headlines. It brought back memories of Margaret Thatcher (sometime supposed mentor of Blair) saying to her opponents “You turn if you want to. The lady is not for turning.” That, of course, was linked to a half-forgotten play of the forties, “The lady is not for burning”. Such are the links in political memory.

What is Blair doing? For months he insisted that a referendum was out of the question. It is not, we were told, democratic or part of the British political tradition (except when it appeared to be convenient to the New Labour project). The main problem with a referendum is that, faced with one, relatively simple question, the people may not vote as expected and, recently, referendums to do with the “European project” have not gone well from the integrationist elite’s point of view.

Blair’s distaste for the idea was clear when he made the statement in Parliament. Much to everyone’s amusement he could not bring himself to use the word referendum but described it in every possible other way. In theory, at least, he could still turn round and explain that this was not what he meant by “consulting the people”. Unfortunately, the days when he appeared to be able to walk on water are long gone.

What made him give in? There were rumours of cabinet rebellion, ministers insisting that Britain must have a referendum. The fact that those rumours and Blair’s proposed statement were leaked to the media may well have tipped his hand – the biter bit, given the way he and his staff have manipulated the media in the past. But, in fact, Blair had been signalling that “EU-turn” for some weeks. There was even speculation that he might outflank his opponents by having an in-or-out referendum on the EU. The likelihood is that the electoral commission will not let him do that, but, undoubtedly, that will be the thrust of the “yes” campaign on the constitution.

It is unlikely to have been popular opinion that influenced Blair. While he wants to be liked and admired, he has never seen giving in to popular opinion as part of that, calculating correctly that no popular opinion is going to last for very long. If he can appear to be sensitive, thoughtful but decisive (whether he is any of those things or not) he can ride any storm. Or so it seemed for a long time. But his luck changed some time ago and he may be running out of political options.

It is certainly true that the proposed EU constitution has raised more interest than European matters do normally. The media, even the BBC, have woken up to the fact that something important and potentially very nasty is about to hit this country. People are paying attention. It is also true that the Blair government has become extremely unpopular. It is perceived as incompetent with a strong dash of sleaze in it – the fatal perception that destroyed Major and the Conservative Party in 1997.

This June there will be elections for the European Parliament and some local ones. While the turn-out is expected to sink to an unprecedented low in both, Labour is unlikely to do well in either. In this Britain will conform to the pattern clearly visible throughout western Europe: governments are unpopular, the electorate is frustrated and the political leaders’ credibility is practically non-existent. The likelihood is that the June Summit, which is supposed to agree the constitution will be attended by political leaders, most of whom had been badly wounded in the European Parliamentary elections just a week or so previously. This is a particular problem for Blair, who is not especially popular with many of his colleagues, in that he has always been able to point to his enormous majority in the House of Commons in Parliament. The fact that this majority is not based on a true electoral popularity is irrelevant – nobody else comes anywhere near him. Serious losses in the European elections will hit him hard.

Then there is the next general election. Best guess is that it will be in the spring of 2005 and none of the domestic problems - high taxation; bloated and inefficient public sector; appalling health, education, transport; disintegrating law and order; immigration that the government has no control over; a perception that the government and its minions could not tell the truth even if they tried; - will either disappear or improve. The last thing Blair needs on top of that is the festering problem of an EU constitution, which, his opponents will point out, he is trying to force on the British people without even asking their opinion. Traditionally, the Labour Party has tried to hide the whole European issue during political campaigns.

The one time, it did come to the fore was in 1983 as part of Michael Foot’s disastrous Labour manifesto (known as the longest suicide note in history) and many still remember the shattering defeat of that year. It was not their threat to withdraw from the EEC that did it but Blair and his cohorts have tried to get away from the whole package. In 1997, after 18 years in opposition, the Labour Party had convinced itself that “Europe” was a peculiarly Conservative problem. They, in particular, their supposedly glamorous leader, will be able to deal with it. Alas, the doomsayers were proved right. Blair’s government has not dealt with the problem any better than its predecessors. So the time has come to sweep it under the carpet again. And what better way of doing it than by promising a referendum. By this Blair hopes to ensure that he will not have to fight a general election campaign on the European issue.

The trouble is that it is hard to see what exactly he will be able to fight the campaign on. He has no strong points left. He has failed to reform the public services and cannot really ask for another term to do what he has not managed to do in the last two. (Though almost certainly he will.) The fight against terrorism has been compromised by the lies the government told quite unnecessarily and, even more so, by its refusal to fight terrorism nearer home. A Prime Minister who rushes off from the memorial service to the victims of the Madrid bombing to shake hands with the man who is responsible for the Lockerbie bombing and the death of hundreds in Northern Ireland will not be seen as a knight in shining armour.

There is some indication that he is going to turn the vote for an EU constitution into a moral issue but it is unlikely to work. The moral argument for the EU is tarnished and to say that we owe this to the East European countries begs several questions. The Nice Treaty was allegedly essential for enlargement; why should the constitution be that as well? Those who understand enlargement are unlikely to agree that what the post-Communist countries need is a rigid, detailed, 300-odd pages long constitution; those who do not are either not interested or, worse, fear a huge influx of migrants.

However, there is one thing Blair can do and that is wrongfoot the other side. The earliest the constitution can be agreed on is at the June Summit in Dublin and even that is not a done deal. It is being argued that by calling a referendum Blair has strengthened his hand in negotiating concessions with his partners. The problem is that it is not clear what those concessions are likely to be. The famous “red lines” have long been forgotten by everyone and fighting a referendum on detailed analysis of the constitution would not be particularly astute if the “no” campaign can present a coherent bigger picture. Poland and Spain, the two countries that have made difficulties in December have half-indicated that they are willing to take a softer line but the Spanish Foreign Minister has said that Spain will emerge from these negoatiations with a better deal than the one they secured in Nice. That means some very hard bargaining. (It is worth noting that, no matter what various Spanish governments may say about the global situation, their behaviour within the EU does not change. They will support integration but hold up all negotiations to get themselves the best deal possible. How long other member states will allow this, remains to be seen.)

If all the reefs are avoided successfully and the constitution is agreed on in June, it has to be negotiated through Parliament, which will not be easy. But there will be no referendum until that process is completed. If Blair is very lucky, one of the other countries will vote the constitution out during that time and he may be able to abandon the idea with a relieved sigh. But if he is not let off the hook, the parliamentary process will take the best part of next year and run into the pre-election fever. If it is completed in time, the referendum will have to be called after the election, whose results, at present, cannot be forecast. But, at least, Blair can hope to remove Europe from the electoral campaign. In fact, given the growing fear of European integration, he is not likely to succeed in that. The Conservatives, who are opposing the constitution will, presumably, make as much political hay as possible.

Blair’s greatest strength is the big split in the “no” campaign between those who merely oppose whatever happens to be on the agenda – euro, constitution, change in the voting arrangements – but refuse to look at the whole vast question of Britain’s membership and, indeed, the EU’s existence, and those who think that the problem is insoluble, the system unreformable and the sooner we abandon it and start again, the better. At times of crisis, such as a referendum, the two sides come together but the tensions remain, and, undoubtedly, the “yes” side and the government will work hard to exacerbate them.

The Foreign Secretary, Jack Straw, has already said that a no vote will not mean a resignation issue for the Prime Minister. Strictly speaking that is true: other no votes in referendums on EU related subjects have not usually resulted in resignations. In Blair’s case there will be a difference because of his deeply personal style of leadership. Every issue becomes a moral one; every issue is a vote of confidence in him. Whether he can survive a rejection of something that is so crucial to his political world view remains to be seen. Then again, he might not want to. There have been many rumours about an imminent resignation. The assumption is that Gordon Brown will be the successor and, given certain problems between those two, it is not impossible that Blair may wish to hand over a poisoned chalice. In fact, the Labour Party will have to elect a leader and that is not a foregone conclusion at all.

For the “yes” side the referendum will not be crucial but very important. If they lose, the constitution will die, though probably only temporarily. That may, in fact happen, if one of the other countries votes no. This will not destroy the European project and the push for integration will carry on as it has done for decades: through a slow, accumulative process. On the other hand, much of the project depends on a lack of opposition to it, if not necessarily active support. In the last ten years or so there has been a gradually growing perception that the EU is not popular with the people in Europe, who have gone along with it without realizing its implications and not really seeing any alternative. The infamous democratic deficit will become even greater with a no vote in any member state, and particularly in Britain. There is something to the theory that European integration has to keep moving to stay upright: every time it wobbles, its ability to reach the final destination becomes more doubtful.

The “no” side cannot afford to lose the referendum but even if it wins, it will have gained little. We shall all be exactly where we are now. It was summed up best by one eurosceptic writer, who said that if we lose the referendum we have lost the war, if we win, we have won a battle. The fight against the euro was described as the sceptics’ Maginot line – the EU’s tanks of greater integration and more regulation simply rolled round the end of it. The concentration on the constitution will have the same effect and there will be a great need not to lose sight of the bigger picture. Perhaps the best thing some eurosceptics can do is to emulate Stalin in 1943 at the meeting of the Big Three in Teheran. While Churchill and Roosevelt concentrated on the war, Stalin started to produce plans for the post-war division of Europe. The “no” side, to be truly effective, will have to start producing workable plans for the post-EU Europe.

Either way, another prop has been knocked out from under the post-1945 settlement. And, either way, European politics is likely to be interesting in the next few years.

The EU Constitution: Threat or Opportunity?

Tony Blair has little choice but to call a referendum on the EU Constitution – a referendum he cannot win – the political implications for him are immense and to not call a referendum will bankrupt the whole legitimacy of European integration.

A referendum on the EU Constitution in Britain, along with those taking part on the Continent, will clearly show that many EU member states manifest destiny is not to be part of a centralised EU.

In essence, the government - and the nation - needs to make plans for the contingency of the United Kingdom leaving the European Union, not as a result of a 'big bang' occasioned by a conscious decision to leave, but as part of a gradual process of realignment. We need credible and realistic alternative structures and arrangements to replace the EU, ready to put into action as the need arises.

See the full article on the Bruges Group site

Thursday, April 22, 2004

A letter to Michael Howard

Or how they stitched up the last referendums

FROM: Anthony Coughlan, Senior Lecturer Emeritus in Social Policy, Trinity College Dublin; Secretary, The National Platform EU Research and Information Centre, Ireland.

In his letter of yesterday to Prime Minister Tony Blair regarding the latter's suggestion of holding a second UK referendum on the proposed EU Constitution if the first one should be defeated, Mr Michael Howard is reported as stating the following:

"However, the clear implication of what you said in the House of Commons today is that if the British people were to vote no in a referendum while you were still Prime Minister, you would follow the Irish precedent after
the Irish people had voted no to the Nice Treaty, re-negotiate in some minor way the Constitution and then force the British people to vote again in a second referendum."

WHAT HAPPENED IN IRELAND'S SECOND NICE REFERENDUM

Mr Howard may find is useful to note that there was no "re-negotiation in a minor way" of the Nice Treaty after Irish voters rejected it in June 2001 - anymore than there was any negotiated change in the Maastricht Treaty when Danish voters rejected that in June 1992.

In both cases not a jot or tittle of the respective treaties was altered,and they were put a second time to Irish and Danish citizens unchanged, in exactly the same legal and constitutional form as on the first occasion.

This necessarily had to be the case, for any "re-negotiation" would have led to what was legally an entirely new Treaty, requiring ratification from scratch by all EU States, and during such a negotiation/re-negotiation any EU State could have raised any issue; something that for political reasons had to be avoided at all costs.

In the case of Ireland's two Nice referendums, what was altered was the Irish referendum law, whereby the provision that public money should be spent setting out the No-side and Yes-side arguments in constitutional referendums was deleted, so depriving the normally impecunious No-side interests in the Republic of a significant advantage. Thus to secure the passage of the Nice Two referendum in the Republic in October 2002, no public money was available to put the No-side arguments, in contrast to Nice One. This cleared the way for exclusively private money to be spent - overwhelmingly on the Yes side by a ratio of 10 to 1 on a conservative estimate.

The other change that was made to increase Irish voter turnout and get a referendum majority for ratifying Nice Two was to add an additional question to the question: Are you willing to change the Constitution to permit the State to ratify the Treaty of Nice? This second question was whether the Republic's written Costitution should be changed so as to require a popular referendum before the Irish State could join any future EU defence Pact. This second question was then lumped in with the first AS ONE QUESTION, so that citizens were asked to give one answer, Yes or No, to the combined two questions, "A" and "B", even though there was no legal
connection between them. Thus in the second Irish Nice referendum if a citizen voted in favour of ratifying the Treaty of Nice, they secured in addition a constitutional change that guaranteed them a referendum before
the Irish State could join any future EU defence pact. If citizens voted No to Nice, they deprived themselves of any such a constitutional guarantee.

A clever piece of anti-democratic chicanery on the part of the Irish Government of Mr Bertie Ahern; but the Nice Treaty whose ratification the Republic's voters were saying Yes or No to, was exactly the same on both
occasions, and no change had been made to it.

WHAT HAPPENED IN DENMARK'S SECOND MAASTRICHT REFERENDUM

Likewise in the repeat Danish referendum on the Maastricht Treaty in September 1993, there was no change, major or minor,in that Treaty. What happened was that the composition of the Danish Government changed between the two referendums; one of the Danish political parties shifted from a No to a Yes position on Maastricht; and Danish voters were placated with a non-legally-binding Declaration promising legal opt-outs from the citizenship, defence and justice and home affairs provisions of the Maastricht Treaty - to be incorporated in a future EU Treaty, but not in
Maastricht; and this was done in the 1997 Treaty of Amsterdam.

It is clearly important that British citizens should not be given the impression that the Irish and Danes changed their votes because some alteration had been made to the EU Treaties in question through some re-negotiation, for no such changes and no such negotiation or re-negotiation occurred.

WHAT HAPPENS IF A STATE REFUSES TO RATIFY THE PROPOSED EU CONSTITUTION

Article IV-8 of the "Draft Treaty Establishing a constitution for Europe", to give the proposed new EU Treaty its proper title, provides that it must be ratified by all the EU Member States "in accordance with their
respective constitutional requirements" in order to enter into force. This is the usual formula governing the ratification of EC/EU treaties. It means that ALL 25 Member States of the enlarged EU must ratify the proposed Treaty/Constitution and it cannot come into force for any of them without coming into force for all.

A Declaration - which is a political statement that is not legally part of a treaty and is therefore not legally binding - is attached to the Draft Treaty, entitled "Declaration In The Final Act of Signature of the Treaty Establishing the Constitution." This reads: "If, two years after the signature of the Treaty establishing the Constitution, four-fifths of the Member States have ratified it and one or more States have encountered
difficulties in proceeding with ratification, the matter will be referred to the European Council", that is, the Council of EU Presidents and Prime Ministers.

If one or more States are unwilling to ratify, however, there is nothing legally that the Presidents and Prime Ministers of the other EU States can do to make them change their minds. All EU treaties are treaties between
States that are constitutionally and legally equal, which is why they must be ratified unanimously.

In theory the Member States that wanted to be ruled by an EU Constitution could go off and found a different and separate EU among themselves, with a different euro-currency and a different Commission, Council, Parliament etc., leaving the non-ratifying States with the present EU, and all its resources, institutions, including the existing euro, and its network of international treaties; but that is not a realistic option.

There is no mechanism for expelling a State or States from the EU because they are reluctant to repeal all the existing EC/EU treaties and found what is politically, legally and constitutionally quite a new EU, with legal
personality for the first time, based on its own State Constitution, and give that Constitution primacy over their own Constitutions and laws, as is done in Article I-10 of the Draft Treaty. Any attempt to do or threaten
this by EU States and interests that desire to push through an EU Constitution, is just so much bluff.

NO MORE BULLYING OF ELECTORATES WHO SAY NO TO AN EU TREATY

The political reality is that if a small State like Ireland or Denmark votes No to an EU Treaty, its own Government in conjunction with the governments of the other EU States will put its voters under massive pressure to vote again and "get it right" a second time around. If a Big
State votes against, that is politically the end of the matter, for its Government would not dare put exactly the same Treaty before its voters again and its voters would jib at being bullied by other EU States and the
EU Commission.

As the demand for more referendums on the proposed EU Constitution spreads across Europe it is clearly important that this should be coupled with the
call that if voters in any EU State, Small or Big, say No to refounding the EU on the basis of its own (State) Constitution, their verdict will be respected and that will be the end of the matter.

There must be no more concerted bullying of electorates reluctant to abolish what is left of their national democracy by eurofanatical EU Governments, hand-in-glove with the EU Commission and the international European Movement, as occurred during Ireland's second Nice referendum and in last year's Accession Referendums in most of the 10 new EU States.

Danger, democrats at work

AFP, 22 April 2004
Austria opposes nation-by-nation referendums on EU constitution

Austrian Chancellor Wolfgang Schuessel expressed opposition Thursday to the holding of individual national referendums on a new EU constitution, as British Prime Minister Tony Blair has proposed. "When we consider holding such a referendum, it should be a European vote, a Europe-wide referendum and not eight or 10 or 15 or 25 single nation ballots," Schuessel said.

What is this man taking in his coffee? Apart from the logistic and legal problems of holding a Europe-wide referendum - which have been fully aired previously - the very nature of a Europe-wide vote is anti-democratic. There is no European demos, so the only valid vote can be nation by nation.

Firms say no to EU sign-up

Jane Padgham, Evening Standard
22 April 2004

This somewhat vindicates Howard's stategy of refusing to fall into Blair's trap of turning the referendum into an "in-out" contest.

TONY Blair suffered a fresh setback to his hopes of signing up Britain to a European Union constitution as a new survey showed the majority of London businesses are opposed to the move.

The poll by the London Chamber of Commerce and Industry revealed 55.9% of the 423 companies quizzed said they did not back the proposal.

Only 7.4% were in favour of the constitution while 34% said they supported it in parts. The findings come a day after a poll for The Sun showed a landslide 97% opposed to the constitution.

A majority of London firms - 57.8% - still favour Britain retaining EU membership, however.

'Our findings show many businesses are disillusioned with the EU, although there is still broad support for membership,' said the chamber's chief executive Colin Stanbridge, adding one of the main causes of this was the burden of red tape perceived as emanating from Brussels.

In other findings, 45.3% considered EU membership beneficial to Britain compared with 15.6% who said it was not and 37.1% who were undecided. But an overwhelming 86.7% were opposed to moves to harmonise taxation within the EU.

On the question of Britain adopting the euro, 29.3% wanted to do so as soon as possible and 18.8% in the future. But 25% said Britain should never join and 34% said advocated a wait-and-see stance.


This is what we are voting for

From EU Observer 22 April 2004 - 09:32 CET

Cox accuses MEP of slur campaign

European Parliament President Pat Cox said claims that several MEPs are involved in expenses scams are based on "zero evidence" and accused the MEP making these allegations of conducting a campaign to discredit the
institution.

Austrian independent MEP Hans-Peter Martin claimed in German tabloid media that EU-parliamentarians were claiming daily expenses falsely, and said he had evidence of 7,200 cases.

Pat Cox, however, said that there is "zero evidence" to support the claims of wrongdoing or breaches of the rules, which are also levelled against himself.

"It would have been more helpful, and in my view more fruitful had Hans-Peter Martin associated himself with this drive for reform in Committee and plenary rather than conducting a campaign, the main purpose of which
appears to seek to discredit the institution, to call into question the honour of members of this house and to reap maximum damage on zero evidence to individuals, to their career and to their families", Mr Cox said in
Parliament yesterday.

Mr Cox also accused him of a "grotesque attempt to maximise personal publicity" and criticised the secret filming of members and the secret recording of their conversations.

"It is easy to blacken the reputation of public figures, it is extremely difficult to counteract slur and partial information once these have been launched in certain sections of the media".

Mr Cox's remarks were applauded by MEPs, who in a few weeks will face their electorate for the June European Parliament elections.

Mr Martin denied yesterday that he is conducting a campaign and stressed that he has proof that MEPs "have claimed unscrupulously daily allowances".

"In all the statements that I have made, I always talked about the fact that I have proof. I reject decidedly your assumption that there is zero evidence and I also reject the idea that I am launching a campaign here", Mr Martin
said.

Czech president slams European Union

Something from a man who knows.

Prague, 22 April 2004 (UPI) -- Czech President Vaclav Klaus says that European Union membership will signal the end of his country as an independent sovereign state.

Klaus, known for his euro-skepticism and his maverick style, made his comments in the Thursday edition of Mlada Fronta Dnes, one of the leading Czech newspapers. They come less than two weeks before the Czech Republic, along with 9 other countries, joins the European Union.

Klaus spoke of more than a thousand years of history that threatened to be subsumed under the rule of Brussels.

He urged his fellow countrymen to do everything possible to preserve the integrity of the Czech state.

The European Council

Backgrounder

The European Council was informally established in 1970 as an institution of the then EEC, but it did not become formally recognised until the Maastricht Treaty - Title I Article D, whence it became a formal institution of the Euopean Union. Its tasks, as set out in the Treaty, are "to provide the Union with the necessary impetus for its development" and to "define the general political guidelines thereof".

It must be distinguished from the Council of the European Union - otherwise known as "the Council", and is of course entirely separate from the Council of Europe.

As regards its formal role in treaty making, it has no competence (i.e., power) in this area whatsoever. Its sole role is to convene an IGC, which it can do by a majority decision - as Thatcher found to her cost at Milan - which is the formal body which negotiates the treaties.

What is confusing is that the European Council and the IGC have the same membership - heads of states and governments. The difference is that, constituted as the European Council, they represent the collective will of the European Union (in theory at least) while as an IGC they represent the interests of their member states.

The European Council has no formal powers to impose its decisions on member states, and its decisions are not "judiciable" under the European Court of Justice. It certainly cannot make or amend treaties, and cannot impose a treaty - or any of its provisions - on any party to an IGC.

A new blog on the street

In this new Blog, we hope to rehearse and discuss the issues relating to one of the most important political issues of the day - the UK referendum on the EU's constitutional treaty. Enjoy.