baldysblog.co.uk

There is an interesting article in today’s Times written by Roger Boyes in which he seems, “more in sorrow style” to regret the British Euroscepticism attitude. It is rather oddly written and amusingly, one comment on the article said, having read it, he was now convinced that the UK should leave the EU. http://www.timesonline.co.uk/tol/comment/columnists/guest_contributors/article6863712.ece

To be honest, I might have put it another way as in; “If the EU is the answer, what on earth was the question in the first place ?”

My Comments

Being opposed to the emotional stupidity displayed by both the pro and anti EU supporters when they write on the topic, I quite like articles that try to present a “reasoned argument” to support their views so obviously, I had to comment.

The Problem

How best to handle the issue is difficult to see for a Conservative Government that comes to power in a “Post Ratified Lisbon Treaty” EU. That it will have to be attempted though is a certainty because the current situation satisfies no one in either “camp”. In fact a Cameron Government focused on rescuing the British Economy, by treating the Lisbon Treaty as a side issue, may be best placed to achieve substantial changes.

There are two key issues, the first of which our European friends need to understand, our constitution states clearly, “No Parliament may bind the hands of a subsequent one.” Gordon Brown may have signed the Lisbon Treaty but David Cameron, if he chose to but unlikely to act unilaterally, could use a Commons majority to reject it out of hand without the need of a Referendum on it. In other words, the means by which Brown forced the Lisbon Treaty through the House, are the same means by which it can be undone.

The foolishness of Brussels has been to block off any popular vote on Lisbon, the consequence being in the UK that a Conservative Government could only call a Referendum on the UK relationship with the EU, it could not renegotiate the Lisbon Treaty or even parts of it because it is all or nothing at all.

The EU Lacks Democratic Legitimacy

The second problem is that in the UK but no doubt reflected in different ways in other EU members, no one younger than people in their mid fifties have had a vote on the EU. From 1975 until today, a “free trade area” has taken on the mantle of being the Central Director of 27 EU countries which over-rides national sovereignty in most areas and under the terms of Lisbon, may take on any further “competencies” it sees fit without reference to anybody, it is a self amending Treaty.

A Federal Europe was never a likely possibility due to a lack of common core values. Put crudely, there is no overarching ideal behind the EU that people would die for, let alone see their fishing quotas given to the fishermen of another EU State. the Treaty of Rome was to prevent France and Germany going to war again, a core value based upon fear. In reality, NATO, the USSR and the Cold War dealt with that threat far more efficiently than the Rome Treaty ever could.

A Slow Collapse

The stark reality is that the EU as it operates today, lacks any legitimacy right across 27 countries and sooner or later, if it is to survive, this issue must be addressed EU wide. Without a democratic mandate, the EU has no value even as a free trade area, in order to function properly it needs to be totally restructured else, it will just fade away as individual countries start to treat every directive as totally optional as the French do already.

We Cannot be French

The problem for the UK lies in the key difference between us and the EU, our “adversarial system” of governance part of which going back to Magna Carta, was to remove power from the individual and place it in the hands of the Courts. A consequence of this is that we cannot ignore laws that sit on the Statute Book, even bad ones, there is very limited discretion allowed to even the most senior judge in terms of interpreting the Law.

Bad Laws in must be repealed by Parliament before the Courts can ignore them, it therefore follows that Parliament would have to repeal all EU Laws and Treaties in order for Brussels to cease to hold any sway. In the end, it will come down to a pretty black and white decision, a thing cannot be and not be at one and the same time.

There are only three choices, we stay inside the EU as it is whilst it slowly and acrimoniously disintegrates, leave it now or, if there is a clear will to reform the EU, make it democratically accountable and reduce its scope to trade and environmental matters only.