Thursday, 5 November 2009

'We will not let matters rest'

For those who say that the Conservative policy on a referendum for the Lisbon Treaty has changed, I simply disagree - sorry Daniel, to the extent that you believe that the position has changed since the election campaign in June, I disagree with you - sorry Roger, I disagree with you too. We are all opposed to the merger of the three pillars of the EU - but I understood the nuance in the pledge over a referendum and discussed it in this blog in September 2008.

Now, David Cameron has set out a policy on the future relationship between the UK and the EU. It is a pretty clear political agenda and we shall wait to see how in practice it will work, but today, I will set out which bits I like and which concern me.

The 'referendum lock' amendment to the 1972 Act is interesting although it is of course subject to repeal by subsequent Parliament. Given the politics of it, I suspect that it is politically astute, although I am not certain whether as a matter of law it will make much difference. Having said that, it will be first time 'referenda' have been proposed as a systematic response to particular changes in our governance and that is also legally interesting.

The 'Sovereignty Bill' sounds interesting; and seems to reflect the contents of some of the entrenched Constitutions on the continent. As such, I find it very difficult to see how it would operate in our constitutional settlement and await the details to see how it would work.

Parliamentary approval of any operation of the 'ratchet clause' in the Lisbon Treaty is another change that is interesting - and politically astute.

Seeking to recover the power of employment, social and criminal justice policy and reversing our acceptance of the Charter of Fundamental Rights are things that I agree with - how easy it will be to recover those policies will be interesting to watch. I disagree with those who say it will be impossible, but I accept that it will be exceedingly difficult.

What is interesting about the proposals is that they may not appear to be very substantial, but the last of them appears to me to be so substantial that it is potentially explosive - almost as explosive as Margaret Thatcher's rebate, so shamelessly reduced by Tony Blair for virtually nothing of substance. Remember the accusations about 'social dumping' and 'competitive devaluation'? To a significant degree, I suspect that we shall watch similar accusations, exceedingly silly when considered in the cold light of day, but deceptively easy to 'sell' politically, being made about the recovery of powers over employment and social policy and a new opt-out from the Charter of Fundamental Rights.

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