It
has been announced by the Prime Minister that the Government will, now allow a
referendum on the most important decision facing this country for years.
It will be down to the people of this country to decide whether to accept
the EU constitution.
Commenting
on this dramatic news, Mike Weatherley, Conservative Parliamentary Candidate for
Brighton Pavilion said: “This is the most amazing U-turn of any Government in
living memory. Only last June
Labour MP’s, including David Lepper, the current MP for Pavilion, marched
through the “No” lobby of the House of Commons against a Conservative motion
stating that any Treaty providing
a constitution for the European Union should only be ratified by Parliament once
it has received the consent of the British people, democratically given in a
referendum. This is a victory for
the British people and there is no reason at
all why a vote should not take place in the autumn. There is no justification
for Parliament spending months discussing the issue, or for the Government
“playing games with the question or the timing”, once EU leaders sign up to
the proposed constitution this summer. Why
should Parliament spend months arguing about the constitution when the verdict
of the electorate in a referendum might be No?
Conservatives have always supported a referendum on the proposed new
European Constitution. It would mark a profound change in the way Europe works
– shifting more power from the individual nation states to Brussels.”
Mike
adds: “The constitution is just one area of European issues where the Labour
government has lacked decisive judgement. In
the last 12 months Tony Blair has on at least six occasions ruled out a
referendum on the EU constitution. But
what about the single currency?”
“Like
Michael Portillo, I cannot be accused of being a 'Little Englander' - I have a
Brazilian wife and a Danish mother. One day it will be right to merge our
currency with another formally - it may even be the Euro .... but not right now.
Probably not for the next decade and probably not until the barriers to free
trade and movement in Europe (one of which is language - others are the Common
Agricultural Policy and Pensions. And the French Pensions crisis is a
potentially massive problem that could seriously weaken the Euro zone) are
removed. And anyway, the world does have a single business currency when we need
one. It's the US dollar. And that won't change by joining the Euro.”
“With
regard to the EU Constitution, Britain’s ability to determine her own policies
in such areas as the economy, law and order, and asylum would all be undermined.
Indeed, the European Union would gain all the trappings of statehood: its own
President, its own Foreign Minister and its own legal system. For the first
time, the supremacy of EU law would derive not from Acts of national Parliaments
but from a supra-national constitution. Countries have constitutions. Nation
states make treaties with one another. Politicians
should never forget that they govern on behalf of the people. Individual
parliaments, and the politicians elected to serve in them, do not own
Britain’s liberties. They are there to safeguard them. And they should not
diminish those liberties without an explicit mandate from the British people.
That is why Conservatives have said from day one that Britain must have a
referendum on the European Constitution. More
importantly though, Conservatives will accept the verdict of the British people,
whatever it is.”
Extracts from
the draft constitution
Preamble
...Drawing
inspiration from the cultural, religious and humanist inheritance of Europe,
which... has embedded within the life of society its perception of the central
role of the human person and his inviolable and inalienable rights, and of
respect for law,
Believing
that reunited Europe intends to continue along this path of civilisation,
progress and prosperity, for the good of all its inhabitants, including the
weakest and most deprived...
Convinced
that, while remaining proud of their own national identities and history, the
peoples of Europe are determined to transcend their ancient divisions, and,
united in an ever closer fashion, to forge a common destiny, [members of the
European Convention... have agreed as follows:]
Part
1 - Definition and objectives of the union
Establishment
of the Union:
Reflecting
the will of the citizens and States of Europe to build a common future, this
Constitution establishes the European Union, on which the member states confer
competences to attain objectives they have in common. The Union shall
co-ordinate the policies by which the member states aim to achieve these
objectives, and shall exercise in the Community way the competences they confer
on it. The Union shall be open to all European States which respect its values
and are committed to promoting them together.
The
Union's values:
The
Union is founded on the values of respect for human dignity, liberty, democracy,
the rule of law and respect for human rights. These values are common to the
member states in a society of pluralism, tolerance, justice, solidarity and
non-discrimination...
Relations
between the Union and the Member States:
The
Union shall respect the national identities of its member states, inherent in
their fundamental structures, political and constitutional, including for
regional and local self-government. It shall respect their essential state
functions, including for ensuring the territorial integrity of the state, and
for maintaining law and order and safeguarding internal security...
Legal
personality:
The
Union shall have legal personality.
Fundamental
rights:
The
Union shall recognise the rights, freedoms and principles set out in the Charter
of Fundamental Rights which constitutes the second part of this constitution...
Fundamental
principles:
The
limits of Union competences are governed by the principle of conferral. The use
of Union competences is governed by the principles of subsidiarity and
proportionality...
Competences
not conferred on the Union in the Constitution remain with the Member States...
Union
law:
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...
The
common foreign and security policy:
The
Union's competence in matters of common foreign and security policy shall cover
all areas of foreign policy and all questions relating to the Union's security,
including the progressive framing of a common defence policy, which might lead
to a common defence. Member states
shall actively and unreservedly support the Union's common foreign and security
policy in a spirit of loyalty and mutual solidarity and shall comply with the
acts adopted by the Union in this area. They shall refrain from action contrary
to the Union's interests or likely to impair its effectiveness...
The
Union's institutions:
The
European Council shall elect its President, by qualified majority, for a term of
two and a half years, renewable once...
The
President of the European Council shall chair it and drive forward its work. In
co-operation with the President of the Commission, and on the basis of the work
of the General Affairs Council, he shall ensure proper preparation and
continuity. He shall endeavour to facilitate cohesion and consensus within the
European Council. He shall present a report to the European Parliament after
each of its meetings. The President of the European Council shall in that
capacity ensure, at his level, the external representation of the Union on
issues concerning its Common Foreign and Security Policy, without prejudice to
the responsibilities of the Minister for Foreign Affairs.
The
President of the European Council may not hold a national mandate.
The
Council of Ministers:
...
Except where the Constitution provides otherwise, decisions of the Council shall
be taken by qualified majority..
Qualified
majority:
When
the European Council or the Council takes decisions by qualified majority, such
a majority shall consist of the majority of Member States, representing at least
three fifths of the population of the Union. [This provision takes effect on 1
November 2009]
The
European Commission:
...The
Commission shall consist of a College comprising its President, the Minister of
Foreign Affairs/Vice President,
and
thirteen European Commissioners selected on the basis of a system of equal
rotation between the Member States.
...
The Commission President shall appoint non-voting Commissioners, chosen
according to the same criteria as apply for Members of the College and coming
from all other Member States. These arrangements will take effect on 1 November
2009.
The
President of the European Commission:
Taking
into account the elections to the European Parliament and after appropriate
consultations, the European Council, deciding by qualified majority, shall put
forward to the European Parliament its proposed candidate for the Presidency of
the Commission. This candidate shall be elected by the European Parliament by a
majority of its members.
The
Foreign Minister:
The
European Council, deciding by qualified majority, with the agreement of the
president of the Commission, shall appoint the Union's Foreign Minister. He
shall conduct the Union's common foreign and security policy...
The
Foreign Minister shall contribute by his proposals to the development of the
common foreign policy, which he shall carry out as mandated by the Council. The
same shall apply to the common security and defence policy.
The
Foreign Minister shall be one of the Vice-Presidents of the Commission. He shall
be responsible there for handling external relations and for coordinating other
aspects of the Union's external action. In exercising these responsibilities
within the Commission, and only for these responsibilities, the Foreign Minister
shall be bound by Commission procedures.
Specific
provisions for implementing common foreign and security policy:
The
European Union shall conduct a common foreign and security policy, based on the
development of mutual political solidarity among member states, the
identification of questions of general interest and the achievement of an
ever-increasing degree of convergence of member states' actions.
The
European Council shall identify the Union's strategic interests and determine
the objectives of its common foreign and security policy.
Part
2 - The Charter of Fundamental Rights of the Union
...
It is necessary to strengthen the protection of fundamental rights in the light
of changes in society, social progress and scientific and technological
developments, by making those rights more visible in a Charter...
Workers
and employers, or their respective organisations, have, in accordance with Union
law and national laws and practices, the right to negotiate and conclude
collective agreements at the appropriate levels and, in cases of conflicts of
interest, to take collective action to defend their interests, including strike
action...
Part
3 - The Policies and Functioning of the Union
Fiscal
provisions:
A
European law or framework law of the Council shall lay down measures for the
harmonisation of legislation concerning turnover taxes, excise duties and other
forms of indirect taxation provided that such harmonisation is necessary for the
functioning of the internal market and to avoid distortion of competition...
Social
policy:
The
Union and the Member States... shall have as their objectives the promotion of
employment, improved living and working conditions, so as to make possible their
harmonisation while the improvement is being maintained, proper social
protection, dialogue between management and labour, the development of human
resources with a view to lasting high employment and the combating of
exclusion...
Policies
on border checks, asylum and immigration:
...The
Union shall develop a common policy on asylum and temporary protection with a
view to offering appropriate status to any third-country national requiring
international protection...
Judicial
co-operation on criminal matters:
...In
order to combat serious crime having a cross-border dimension, as well as
illegal activities affecting the interests of the Union, a European Law of the
Council may establish a European Public Prosecutor's Office from Eurojust...
The
European Public Prosecutor's Office shall be responsible for investigating,
prosecuting and bringing to judgement, where appropriate in liaison with Europol,
the perpetrators of and accomplices in serious crime affecting more than one
member state and of offences against the Union's financial interests...