The Campaign Ends
David Cameron, the Leader of the Opposition, has announced that the Conservatives would not hold a referendum on the Treaty of Lisbon.
And, to be fair, this is the pragmatic route. It is done and dusted- as he notes, it now becomes part of the law of Europe, and the changes it introduces will not simply vanish because we have a referendum. His comparison is with a referendum to stop the Sun rising.
All the main parties went into the last general election promising a referendum. Labour and the Liberal Democrats dropped their commitment once it became politically awkward- the Conservatives held out for as long as possible.
Of course, people are going to be disappointed. Daniel Hannan, Member of the European Parliament for South East England, has resigned as the Conservatives' legal affairs spokesman over it, and Roger Helmer, MEP for East Midlands, has resigned as employment spokesman. But they were always on the fringes of the Conservatives anyway- by the time of the last European elections, neither of them were sitting with the other Conservative MEPs in the European People's Party/European Democrats group.
Can I just emphasise that Hannan is not your common-or-garden knee-jerk Eurosceptic. He opposes unnecessary big Government, whether that Government is in Brussels, London or the town hall. The old Treaty of Maastricht, which created the European Union, introduced the idea of subsidarity, where decisions are made at the lowest necessary level. Now, in EU terms that simply meant that Europe shouldn't be doing stuff which is best done at national level, but Hannan is one of those who takes subsidarity to its logical extension- e.g. elected mayors, "direct democracy" etc.
Cameron's plans for the next step seem a bit vague. Yes, you could amend the European Communities Act 1972 so that any future changes, such as another Treaty or adopting the € would be subject to a referendum. But, what is to stop a future Parliament changing that, e.g. a future Government wants to introduce the €, realises it won't get its way in a referendum, so draws up the Single European Currency Bill in a way that it has a little clause exempting it from the European Communities (Amendment) Act 2010.
What about the Accession Treaties? Whenever a new country joins the European Union it is done by a Treaty which has to be ratified by all the other member nations. Hence, when Iceland and Croatia join, there will be a Treaty which will be ratified in Britain by an Act of Parliament. Does Cameron mean- as the logic of his words imply- that we will all be invited to traipse to the polling booths to vote on Icelandic and Croatian membership? What if the next Accession Treaty carried slight modifications to Lisbon?
Even saying that a referendum will only be held if it transfers power to the European Union is unclear. After all, when Iceland and Croatia join, Britain's voting strength in the European Council and Council of Ministers decreases, and we will have fewer MEPs.
Because we have no written constitution, unlike many other EU countries, we have no explicit legal guarantee that the last word on our laws stays in Britian.
Interesting about turn there- traditionally, the Conservatives opposed a written constitution as it gave too much powers to judges at the expense of Parliament. Yet here, Cameron is effectively backing powerful judges- maybe a sign of how the new Supreme Court has changed the political environment. Rather than emphasising the sovereignty of "Crown-in-Parliament", and calling for powers to be brought back from Brussels to Parliament, he is calling for powers to move from Brussels to the Supreme Court.
He calls for a United Kingdom Sovereignty Bill to ensure that it is Britain with the final word on European law. Does he mean that the European Court of Justice will have no jurisdiction here (except in matters which are cross-border), or that the Supreme Court will have the job of interpreting how European law is interpreted here?
Note that he is not calling for a codified constituion. The difference we were taught in History A-level lessons is that in many countries you can pick up a document called "The Constitution", while in Britain we legislation that could be called "constitutional" (e.g. Crown & Parliament Recognition Act 1689, Union with Scotland Act 1706, Union with England Act 1706, Parliament Act 1911, Coronation Oath Act 1911, Parliament Act 1949, Life Peerages Act 1958, European Communities Act 1972, Scotland Act 1998, Government of Wales Act 1998, Northern Ireland Act 1998, Human Rights Act 1998, European Parliamentary Elections Act 1999, House of Lords Act 1999, Constitutional Reform Act 2003) but these are not drawn together into a single document, and constitutional legislation doesn't differ from other legislation in the way it is drawn up, amended or repealed.
The other thing to note is that Cameron is not calling for a return to the status quo, accepting that Lisbon has happened. When the Conservatives return to power, it will not be 30 April 1997 again- we won't see the hereditary peers a leaping back to their seats in the House of Lords, the new Chancellor of the Exchequer will not be setting the Bank of England interest rate, Members of the Scottish Parliament will not arrive at work to find a "Closed until further notice" sign on the door etc.




