Tuesday, 19 June 2007

Pull the other one!

The Government is literally all over the place on the revised Constitutional Treaty. It's difficult to keep up with the multitude of different positions they've had - of which the latest Brown-Blair "rows" are just the latest example.

As Lord Owen wrote in the Evening Standard yesterday "We need to hear again the convoluted illogicality of how our diplomats explain why constitutional changes were thought not to need a referendum in 2003, then how a referendum was promised in 2004, even if the French or Dutch voted no, only for the pledge to be withdrawn and replaced with the promise of a referendum in the 2005 general election - only in 2007 for Blair to say no referendum once again. Perhaps Gordon Brown will have enough sense to realise that the British people cannot be treated with contempt like this."

If that is the case, no-one seems to have told the Prime Minister's spokesman. At the press briefing yesterday afternoon he claimed that there was no need to hold a referendum this time because the name had been changed and the flag and anthem were being deleted.

According to the Downing Street website:

"Asked what it was in 2005 that required a referendum, and what were the elements of the constitution, the PMOS replied they were elements such as flags, national anthems, etc."

Which is funny, because we're sure there were some more important elements in the Constitution than the flag and the anthem... The EU President and the EU Foreign Minister perhaps?

As someone from the Commission helpfully told Le Figaro yesterday:

"It’s no great loss! The European flag already exists anyway..."

Monday, 18 June 2007

CBI turns against new EU treaty

A few extracts from CBI Director General Richard Lambert's speech at an event organised by pro-euro groups Centre for European Reform and Business for New Europe, 18 June:


After talking to hundreds of companies around the UK in the last twelve months here’s my view on how British business views treaty changes, which are going to be discussed this weekend. The fact is the subject almost never comes up. Most companies I’ve talked to think it’s pretty much irrelevant. The reasons for that are pretty plain – if they think of treaty change at all they think of it more in terms of risks than opportunities. They see few potential benefits for business and some potential hazards.”

“And some business people ask the question: do we need these treaties anyway? The failure of the draft Constitution has not has catastrophic consequences, the eurozone economy has been rising at its briskest pace over the last nine months for the first time in some years… the union continues to function, despite the accession of twelve more countries over the last three years. The institutional framework continues to operate, the European Court has not collapsed into chaos, laws get passed, decisions get made. So the question people ask is: isn’t just this all just a total waste of time, a distraction from the real big issues which the union has to face: the current failing trade round, budget reform, energy security and climate change”

“But being on the margins of the treaty change debate does not mean that business is detached from European debates as a whole – far from it.”

“Until the matter is resolved one way or another, the treaty debate is not going to go away. Europe’s leaders will just go on gazing at their navels, engage in endless - and sometimes irritable – internal debate, ignoring the big issues and opportunities that Europe is facing in the big world.”

“The decisions to be taken over the weekend – if a deal is struck among the member states – those decisions will be intensely political in character and there is no political consensus in British business about what kind of trade offs and compromises might be acceptable next weekend, or about how far Mr Blair and Mr Brown could go without promising a referendum. No consensus – so I’m not going to go down that road this morning.”

“The conclusion is that there is a window of opportunity here – but it’s not as a result of treaty change, but through the shifting courses of European politics. For business I think that means getting more involved in European debates where they matter. Being clear about what would make the single market effective, being clear that its member states who need to raise their game and being clear about where we want Europe to act and not to act.” Focussing on those areas where collective action will do more to further Europe’s position of the global stage than if we just go plodding along in our own merry way. I think it’s these issues that the business community really needs to get stuck into, and let’s hope that this will be possible once the dust that is probably going to be raised in the next few weeks has started to settle.”



This is a major blow to the Government. The CBI previously campaigned for the euro, and the Government were hoping that they could hide behind the CBI on the new version of the constitutional treaty. But it looks like the CBI has wisely decided to steer clear of taking flak for the Government. Given that the new version of the text would still cut Britain’s power to block legislation by 30%, and inevitably mean even more costly EU regulation – it is not surprising that the CBI members have “little zeal” for the new version of the constitutional treaty.

Saturday, 16 June 2007

Blair for president of Europe!

Blair has been endorsed as a future President of Europe by Nicolas Sarkozy, according to the FT. And the non-denial-denials coming out of Downing Street this morning are about as strong as a wilted lettuce-leaf.

Well - he has to pay the bills somehow, and that house in Connaught Square isn't cheap.

No-one has really thought about it yet, but what is the 'package' for the new President going to look like? It would have to be bigger than Barroso's surely - after all we can't have the impression that the civil servants are running the whole show (hint: they are).

Jose's basic is about £180,000 a year, and when he retires he can expect a chunky £120,000 a year pension. So no worries about turning up the gas fire a bit then.

He also gets about £27,000 for accommodation and £7000 for entertaining. There may also be some kind of daily allowance.

Also nice - is the 24-hour chauffeur. You get to pick out a car worth up to £75,000. Barroso, being a red-blooded type, has plumped for an environmentally-devastating VW 4x4 Touareg. Blair would presumably want something a bit greener.

Eventually of course the goal is to have a directly elected US-style president. Indeed, Sarkozy backed a directly elected EU President during the French elections, signing a call for one from the NGO Europanova.

Then there will be the most awesome elections. Imagine the auction of contradictory promises that a European Presidential candidate will need to make to win: a promise of sausages for all in Poland, and compulsory vegetarianism in Holland. A super-sensible calvinist clampdown on drinking in Sweden, and a pledge to introduce a two-drink minimum for driving on the roads of southern Italy.

Only one man can make these kind of paradoxical pledges. We'll certainly be backing Blair against Chirac in 2012.

Friday, 15 June 2007

when bombers meet bureaucrats

Ludicrous comment of the day has to go to Lib Dem Euro MP Sarah Ludford:

"While the Brussels machine is deadlocked by the search for 27-country unanimity, the terrorists and criminals are free to bomb their way across Europe"

Oooooh, I bet Bin Laden is quaking in his boots at the thought of more QMV. This, remember, from the organisation that gave us a "non-emotive lexicon" for discussing terrorism.

International agreements are obviously important - but what exactly is it that the EU can't do because of unanimity? To pretend that anyone who questions giving the EU more powers is the "murderers friend" is a typically ludicrous euro-argument.

Thursday, 14 June 2007

Merkel memo full text

Introduction

This report from the German presidency is a response to the mandate which was given it by the European Council at its meeting in June 2006. As requested at the time, the Presidency, in the light of very extensive consultations held over the last six months, provides an assessment of the state of discussion with regard to the treaty reform process and explores possible ways forward.

After two years of uncertainty, following the problems encountered in the process of ratification of the Constitutional Treaty, it is clear that there is now a general desire to settle this issue and move on. All Member States recognise that further uncertainty about the treaty reform process would jeopardise the Union’s ability to deliver.

Settling this issue quickly is therefore a priority. This was agreed when Heads of state and Government, together with the President of the European Parliament and the President of the Commission, met in Berlin on the 25 March to celebrate the fiftieth anniversary of the Treaty of Rome. All were united in the aim of placing the European Union on a renewed common basis before the European Parliament elections in 2009.

The way forward clearly needs to take into account the concerns expressed by citizens during the ratification process on the future direction of the European Union and the effects of globalisation on its core values and policies. At the same time there is a very strong demand for the Union to increase its efficiency, to enhance its democratic functioning, and to improve the coherence of its external action.

Overall assessment

In line with the mandate given to it in June 2006, the Presidency has conducted extensive bilateral consultations with the member states as will as the European Parliament, both at the level of designated “focal points” and between the President of the European Council and her opposite numbers. In addition to these bilateral contacts, the Presidency organised a meeting of “focal points” in Berlin on 15 May, and a further meeting is due to taker place on 19 June. Foreign Ministers have also had the opportunity to take stock of developments at meetings of the General Affairs and External Relations Council.

These consultations have proved very useful in giving the Presidency a clear idea of the various concerns of individual member states.

The issues raised during the consultations can be grouped into a number of themes:

A different approach on structure

A certain number of Member States underlined the importance of avoiding the impression which might be given by the symbolism and the title 'Constitution' that the nature of the Union is undergoing radical change. For them this also implies a return to the traditional method of treaty change through an amending treaty, as well a number of changes of terminology, not least the dropping of the title ‘Constitution’.

"Such an approach is not incompatible with the demand from those Member States which have already ratified, that as much of the substance of the Constitutional Treaty as possible should be preserved. They are ready to consider the alternative method of treaty change... They have made it very clear however that this would represent a major concession. They insist on the need to preserve the substance of the innovations agreed upon in the 2004 IGC, and to ensure as far as possible the readability and simplicity of the new Treaty.

Reinforcing the capacity of the Union to act, whilst preserving the identity of the Member States

It is generally recognised that a strengthening of the institutions will help reinforce the capacity of the Union to act, and that the Union therefore has every interest in ensuring that the current Treaties are adapted in order to introduce the set of institutional reforms agreed in the 2004 IGC.

At the same time, there is concern to underline the respect for the identity of the member states and to introduce greater clarity over the delimitation and definition of competences of the Union and the Member States. Furthermore there I a clear demand from some delegations to further enhance the role of national parliaments.

Some delegations have requested that the text of the Charter of Fundamental Rights be removed from the Treaty. Others strongly oppose this move. Most of the latter could however accept it, provided that the legally binding character of the Charter is preserved by means of a cross-reference in the body of the Treaty.

Addressing other concerns

A few delegations have suggested that in several cases the text of the treaties should be amended in order to reflect more recent developments. Many delegations would be ready to examine such amendments if considered helpful by others and provided that no new competences are conferred upon the Union. Specific suggestions include the need to address energy security and climate change. It has been proposed that greater prominence should be given to the “Copenhagen criteria” on enlargement

The way forward

On the basis of its assessment of the positions of different delegations, the Presidency recommends that the June European Council agree to the rapid convening of an IGC. It suggests that the European Council give a precise and comprehensive mandate (on structure and content) to the IGC, thus allowing it to complete its work on a nww treaty by the end of the year.

The Presidency proposes a return to the classical method of treaty change. The IGC would therefore be asked to adopt a Reform Treaty amending the existing treaties rather than repealing them. The Treaty on European Union as modified would keep its present name, while the Treaty establishing the European Community would become the “Treaty on the functioning of the Union”, containing all the detailed implementing provisions, including the legal bases. Both treaties would have the same value. The Union would have a single legal personality.

The mandate for the IGC should set out how the measures agreed in the 2004 IGC with a view to a more capable and democratic Union should be inserted into the Treaty on the European Union and the Treaty on the Functioning of the Union. The consultations over the past 6 months show that a number of changes will be needed to reach an overall agreement. To that end there should be further discussions with regard to the following issues:

- The question of the symbols and the primacy of EU law

- Possible terminological changes

- The treatment of the Charter of Fundamental Rights

- The specificity of the CFSP

- The delimitation of competences between the EU and the Member States

- The role of national parliaments

Conclusion

The Presidency submits this report to delegations as a basis for reaching agreement on the way forward at the European Council on 21-22 June 2007.

Wednesday, 13 June 2007

Freedom EU style

We were over in Brussels yesterday testing the temperature before the big summit next week. When EU leaders arrive the entire area around the Council and Commission buildings will be fenced off so that the great unwashed can't get near to the politicians and journalists inside.

But never let it be said that our masters in Brussels don't run a benevolent regime. They have set up a "freedom of expression" zone just up the road where people will be allowed to protest. The catch is that any protest needs to get authorisation from the Brussels police.

As one Brussels punter put it : "freedom of expression... but only with permission".

Blogging about

After our first posting on Conservative Home on Monday one cynical commentator questioned whether we'd become an extension of the Tory party.

No doubt the same reader will accuse us of joining up to Labour because Neil has written a piece on the Guardian website today...

For those of you who aren't avid Con Home readers, here are our posts from Tuesday (on the Government's red lines on the new Constitution) and Wednesday (on why the treaty would be bad for business).

Monday, 11 June 2007

Constitution debate hots up

Blogging is likely to be a bit light on this site for the next week, but we will be putting up a series of posts on Conservative Home on the revised Constitutional Treaty.

Check out the first installment here.

Friday, 8 June 2007

She lied and lied and lied (we're not exaggerating)

It's often said that one of Tony Blair's best assets is his skill at acting. The feigned sincerity, the lump in the throat and -of course- the comedy mockney accent - y'know.

Margaret Beckett's performance in front of the EU scrutiny committee yesterday suggests that his legacy will survive after all when he steps down.

The session began with the Labour Committee Chairman - Michael Connarty - saying that the current negotiations on the EU Constitution were taking place against a "background of non-transparency". This, claimed Beckett, was Berlin's fault. It is the way they wanted to conduct negotiations. Nothing she could do about it.

She then denied that the questionnaire that Merkel had sent to every EU government had any importance ( the letter which set out how they would make "presentational changes... without changing the legal substance" of the Constitution). She said it had “not played any real part in the discussions” on the new treaty.

When asked to give a bit more detail on these discussions she argued -puzzlingly -that there hadn't been any. "Nothing that you could really call negotiations has taken place."

She told MPs that the idea that the Constitution was being resurrected had been made up by the media. She declared that "There is nothing on the table" and that other countries were "in denial" about the Constitution's rejection.

When Bill Cash dared to suggest that she might not have a firm grip on the negotiations, she replied tersely “It’s not that I don’t know what’s going on, it’s just that nothing is going on”.

She carried on: “I’m afraid Mr Cash, you say to me ‘We know there are party-to-party negotiations”. There are not. There have not been. There has been a process whereby member states are occasionally invited to give some views. There have not been negotiations.”

Cash: “So there is something going on” Beckett: [shouting] “There is nothing going on”.

She even refused to be drawn into whether she would support individual proposals from the old Constitution. “Until it is clear that a proposal is being but forward and in what form I will reserve my comments until something is practically proposed. And at the moment nothing is proposed.”

But then the cracks started to appear. First she confused her own interests with the interests of the country as a whole - “I believe it is very much in the interests of those who wish to see British national interests protected and preserved that we do not carry out our negotiations in public” [pause] “Especially when they haven’t started”.

Michael Connarty asked what the sherpas (envoys sent by each country's PM to agree a framework on the new treaty) were discussing.

“Not very much”, she replied as she glanced to her advisers knowingly. She stumbled on: “I accept. I do accept... I know that the committee... I’ve read all manner of things, a number of fascinating articles about the negotiations that are no doubt going on. How the sherpas are beavering away, there will be a text here with brackets." [opening her arms in a dramatic Italian-style gesture while shaking her head] "No."

Then the plot thickened. The reason she couldn't answer any of the committee's questions was that it would make it easier for her to negotiate that way.

“The less I say about what we might in principle accept, and what we might not, the more I preserve the maximum amount of negotiating space to resist anything that I think is not in Britain’s national interest." She added: "we're not going to negotiate in public" (why did you show up then?)

"I appreciate that is unsatisfactory for the committee and I apologise to you for that. But since we are so much in uncharted waters of knowing what may be proposed. The more I say 'we can live with this, we can’t live with that', the more I’m giving away from my negotiating strategy. Which I’m always deeply reluctant to do.”

But she was happy to talk about the parts of the negotiations the Government are happy with. She said the Government could "live with" changes to the voting system and that she would “have sympathy” with proposals to introduce the subsidiarity mechanism from the old Constitution.

She even said it would be “unwise” to add things such as Copenhagen criteria (restricting future enlargement) , as well as clauses on energy and climate change.

The MPs were feeling frustrated. James Clappison said that he was going to ask for her view on the proposed EU President, "but I think I can make an educated guess about what the answer’s going to be”. The Foreign Secretary agreed - he has guessed right that the lady wasn’t for talking.

The whole performance was nicely summed up by her response to Richard Younger-Ross' assertion that there was nothing MPs could do to influence the Government in the negotiations and that the new treaty would be presented as a fait accompli.

She just shrugged her shoulders and looked away ... we wonder if she really has a place in the new 'humble', 'listening and learning' era of politics which Brown has promised...

Meanwhile, while the Foreign Secretary was insisting that the negotiations were "frozen", elsewhere Nicolas Sarkozy was announcing that, "Tony Blair and I have just agreed on what might be the framework for a simplified treaty. " Which doesn't sound very frosty...

The whole thing was like a piece of performance art: 60 long minutes of straightforward, in-your-face refusal to answer any questions. It made the famous Michael Howard Newsnight interview look like an excercise in open government. The only consolation, perhaps, is that soon all ministers will be touring the studios, having similarly difficult interviews, as they attempt to explain why the Government has broken its promise of a referendum. Now that will be fun to watch.

Wednesday, 6 June 2007

one thing leads to another

There is a lot going on at the moment. But amid all the short term rows about the revised constitutional treaty, the EU institutions are chugging along merrily, doing their long-term integrationist 'thing'.

For example, today the Commission has put out its green paper on the Common European Asylum System. The BBC has a good summary.

It's a classic area where the EU is marching miles ahead of - and indeed maybe not even in the same direction as - public knowledge and public opinion.

We doubt that most journalists, never mind most voters, even know that the EU is trying to set up a Common European Asylum System. Nonetheless the press release blandly states that the "first phase" of the system (the first four bits of legislation) is now complete.

The four building blocks of the first stage of the Common European Asylum System are now in place: Regulation (EC) 343/2003 ("Dublin Regulation"), Directive 2003/9/EC ("Reception Conditions Directive,") Directive 2004/83/EC ("Qualification Directive") and Directive 85/2005/EC ("Asylum Procedures Directive").

These legislative instruments aim at establishing a level playing field: a system which guarantees to persons genuinely in need of protection access to a high level of protection under equivalent conditions in all Member States while at the same time dealing fairly and efficiently with those found not to be in need of protection.


Some of that was controversial enough. Remember when the Commission said during the 2005 election that what the tories were proposing was illegal under EU law? Or the Scandinavians’ objections to a "white list" of ineligible origin countries? But the really tricky bit is the next part:

The ultimate objective of the Common European Asylum System, as envisaged by the Hague Programme, consists in the establishment of a common asylum procedure and a uniform status for persons in need of international protection valid throughout the EU.

In particular:

There is a pressing need for increased solidarity in the area of asylum, so as to ensure that responsibility for processing asylum applications and granting protection in the EU is shared equitably.


Ah - "burden sharing" in other words.

bɜː(r)dɛn shɛə(r)ing , verb: "The point at which things always get tricky in the EU" (think emissions reductions, EU budget etc).

We're always pretty sceptical when people say that the EU will 'never' do such and such a thing. Generally speaking it always ends up doing it in the end. But can this idea really ever fly? Will countries in northern Europe really agree to accept more people to take the pressure off southern member states? Can this project survive exposure to public opinion?

Maybe, maybe not. Some of the suggestions might get through below the radar of public perception, like the suggestion for a "mechanism for the mutual recognition of national asylum decisions and the possibility of transfer of protection responsibilities." However others are likely to trigger a reaction, particularly the suggestion that "Intra-EU resettlement is an important way to pursue."

Asylum is a nice example of how one thing leads to another in the EU. As Richard Williams from ECRE says in the BBC piece: "Once you have a common area of freedom of movement, you have to have common rules and safeguards on who can and cannot come in," he says.

Funnily enough, we thought someone might say that.

Going forward the issue for the UK is that having got the bits of the Common System it likes (particularly Rome) will there now be pressure for a quid pro quo? What if the UK doesn't want to take part in phase two? Opting out of it all might ruffle some feathers, but the trouble with having an opt-in not a veto is that if we agree in principle at the start of the process, there is no way back if we don't like the outcome. Interesting times ahead.

Monday, 4 June 2007

EU clowns

Hidden in the health section of Saturday's Times was the news that the Finnish city of Tampere is employing clowns to boost the health of gloomy council workers, using £17,000 of EU cash. Kirsi Koski, the city of Tampere's personnel chief, told Finnish newspaper Helsingin Sanomat (English) that clowns will make workers laugh - and "laughter is the core of wellbeing."

Nice to see the Structural Funds aren't only run by EU clowns but spent on them too..

Holding us back

Back in March some of the UK's leading brewers joined us in criticising the EU for passing a regulation which banned the Crown stamp from British pint glasses and replaced it with the CE mark.

Now the Wiltshire Times reports that this EU regulation has forced a local brewery to abandon plans to sell its new organic beer in Biopack corn starch compostable glasses at the "green" Sunrise festival because they didn't have the correct EU stamps.

Just another in a long line of examples of how the EU's constant drive towards ever greater harmonisation stifles innovation and enterprise in its member states. Isn't this exactly the sort of thing the EU promised us it would sort out through its Lisbon and Better Regulation Agendas?

Friday, 1 June 2007

Summit deal in the balance?

What are the chances of EU leaders reaching agreement at the June EU Summit?

Gideon Rachman informs us that although German foreign policy academics are fairly optimistic that Merkel can broker a deal, Berlin’s foreign ministry officials are less confident. They are giving odds of no more than 50-50.

Contrary to what the European Voice said the other day, of the three ‘problem’ countries – Britain, the Czech Republic and Poland (now apparently referred to by German officials as “the three crazies”) – it is Poland that is viewed as the biggest challenge. Specifically, Berlin fears that Warsaw’s demands on changes to the voting weight system proposed in the original Constitution could unravel the basis for agreement. If the matter of voting weights is opened up for discussion, this could open up a Pandora’s box of other issues that will be put back on the table.

“Poland has just one request – but that request is dynamite”, said one German diplomat.

The Poles seem to be sticking to their guns on this issue. Prime Minister Jaroslaw Kaczynski said "We are ready to die for this" (Echoing Jan Rokita's call for "Nice or Death" during the Constitution negotiations).

On the other hand, there’s still the possibility of Warsaw being bought off. According to El Mundo, Merkel hopes to win over Poland through a ‘carrot and stick’ approach, using €60bn of EU funds and a possible clause on energy solidarity as bargaining chips with Warsaw.

Meanwhile, we are now beginning to see a consensus crystallize around the idea of Sarkozy’s mini-Constitution, which appeared to have already received the consent of Berlin. Even the Belgians, Italians and Spanish now seem ready to fall into line behind the French idea, despite their previously strong opposition to anything that smacked of a “minimalist” treaty. Reuters quoted a senior EU official earlier in the week as saying: "Merkel knows what she's doing and the puzzle's mostly done".

bad timing

The wheels of Europe turn slow - and the Financial Perspective for 2007-13, which was first agreed in December 2005, has now finally had all of its numbers finally agreed by governments and eurocrats.

Which means it will be up for parliamentary ratification in the next parliamentary session according to a letter from the treasury to the Democracy Movement - who have been running a "stop the cheques" campaign.

That's less than ideal timing from the Government's point of view. Firstly, it will come during what Brown is promising will be an eye-wateringly tight public spending round (he wants the left to squeal, in order to counter the tories 'lurch to the left' stuff). Given that context, a big increase in what we spend on the EU will not go down too well with 100% of Labour backbenchers.

Secondly, it may well be in the middle of an intergovernmental conference on the new mini-constitution. What better reminder of where exactly Blair's approach of "going with the flow" in Europe has got us?

The debate as it goes through parliament should be a good opportunity to pick over some interesting issues. Why for example is Ireland still a net recipient, despite being the second richest member state? Why is Spain the biggest absolute recipient, given that it is no longer a poor country?

Why was it necessary to spend a billion euros on political sweeteners in order to (as Geoff Hoon put it) "generate a political consensus for an agreement" on the deal? Isn't there a better way to spend 864 billion euros than on the CAP, and a series of failing regional policies? Our take is here.