Saturday, 14 June 2008

Respect for democracy

The Irish 'No' vote is an extraordinary result in a country where the vast majority of the political, business, media and cultural establishment is devoted to the EU project.

It demonstrates the considerable opposition to the centralisation of power in Brussels that the EU Constitution / Lisbon treaty has provoked.

Not even the last-minute intervention of the Pope could, in the end, swing a 'Yes' vote.

Open Europe very usefully give us the top reasons people had decided to vote 'No' to the Lisbon treaty, taken from the last Irish Times poll on 3-4 June. They were:


- to keep Ireland’s power and identity (24%)
- to safeguard Ireland’s neutrality (22%)

- don’t like being told what to do/ forced into voting yes (17%)
- bigger countries will have too much power (12%)

So let's have none of this EU elite spin that this result was not a vote about the treaty or the impact of the EU more generally.

The democratic 'No' campaign, hopelessly underfunded compared to the 'Yes' side, fought a spirited and commendable campaign against the odds.

They are to be congratulated and thanked by democrats across Europe.

By any democratic principles, the Lisbon treaty has been blown apart. However, that's predictably not how EU elites are responding. Their reaction can be summed up as 'carry on regardless'.

We'll be cataloguing the response of Europe's arrogant governing elite over the next few days, and laying bare exactly how little regard those driving the European Union have for people's views even when so democratically expressed.

Friday, 13 June 2008

Official: Ireland votes 'No' to Lisbon Treaty

Update: It's official! Ireland has voted to reject the EU's Lisbon Treaty by 53.4% to 46.6%. The result has just been announced live from Dublin Castle.

The outcome of the only opportunity people have been given to express their opinion on the Lisbon treaty is a resounding "NO"! But it follows rejections by France and the Netherlands of the treaty's "substantially equivalent" predecessor - the EU Constitution.

Gordon Brown must now consult his "moral compass" and resolve to respect the democratically expressed views of the Irish people - by halting ratification of the Lisbon treaty through our own Parliament.

The ratification Bill is due for its Third Reading on 18 June. That must not happen. He knows that Britain would also vote 'No' resoundingly, given the chance.

Will Gordon Brown respect democracy or not? That treaty should be dead.

The Democracy Movement is holding a ‘congratulatory picket’ of the Irish Embassy (17 Grosvenor Place, SW1X 7HR - see map) to celebrate the overwhelming rejection of the EU Constitutional Treaty. Please come along to join us - we'll be there from 6pm onwards and will distributing free cans of Guinness (while stocks last!).


-------------------------

Update: With 27 constituency results now in out of 43 total, the result stands at 53.6% 'No' -v- 46.4% 'Yes', but there are still some results due in constituencies that are likely to have strong 'Yes' votes.

Update: The BBC is reporting that the Irish justice minister Dermot Ahern has conceded defeat.

"It looks like this will be a No vote," Mr Ahern said on live television. "At the end of the day, for a myriad of reasons, the people have spoken."


With six official results in the overall result is 55% 'No' against 45% 'Yes'.

Gordon Brown must respect the Irish verdict and immediately halt ratification of the treaty through Parliament. The treaty is due for its Third Reading on 18 June.

Update: RTE is saying "It seems certain that Irish voters have rejected the Lisbon Treaty." Although official results are only just coming in, the strong 'No' vote coming through in early tallies has obviously influenced their prediction.

Update: Official results are starting to come in from constituencies, with first off the mark being Waterford voting 54% 'No' to 46% 'Yes'. See the results come in on the Irish Times results map.

Update: The Irish Times is reporting that the initial tallies indicate an overall 'No' vote, despite a strong showing for the 'Yes' side in some constituencies.

They're saying "A strong Yes vote in County Dublin seems to have been offset by a strong No vote in city constituencies in the capital" with "The No campaign appears to be winning in most constituencies across the State, with significant majorities emerging from rural and urban working class areas."


Update: RTE is reporting that the 'Yes' camp is gaining ground against an early strong 'No' showing. They are citing a 60-40 vote in favour of Lisbon in "middle class constituencies like Dublin South, Dublin South East and DĂșn Laoghaire".

Official results from the constituencies are expected over the next hour, with full results expected by mid-afternoon.


Update: The Irish Times is reporting that, in Mayo, the vote appears to be 60-40 per cent in favour of the 'No' camp with the majority of boxes counted. There was a 52 per cent turnout.

Initial 'tallies' are starting to come in from other constituencies, many also showing a positive 'No' result.

--------------------

Irish broadcaster RTE
is reporting that early returns show a strong 'No' vote, but turnout seems to be higher than many have predicted, perhaps tending to the 50% mark. Not thought to be good news for the 'No' camp.

However, the turnout in rural areas is thought to be low. Speculation is that this is because many farmers who are traditionally supporters of Ireland's governing party and would otherwise be 'Yes' voters were in fact conflicted over the issue of EU Commissioner Peter Mandelson's actions on trade issues.

News from our contact at the count in Dublin is also positive for the 'No' side. The 'Yes' camp were expected to bank a big advantage in Ireland's capital, but there's reportedly amazement at the number of 'No' votes.

It's early days yet - we'll update this post as news comes in. We'd also recommend keeping an eye on EUreferendum for latest news.



Thursday, 12 June 2008

Davis, liberties and the EU

The shadow home secretary David Davis today announced his resignation as an MP, in order to force a by-election in his Yorkshire seat of Haltemprice and Howden and spark a major national debate over the government's "relentless erosion" of civil liberties.

His move has reportedly been provoked by yesterday's narrow victory in the Commons for government plans to permit the detention of suspects for up to six weeks without charge, and his expectation that the government will use the Parliament Act to force the change through the House of Lords.

Mr Davis has said that he will fight for re-election on the issue of civil liberties alone, and on those grounds the Liberal Democrats have said they will not put up a candidate against him.

Labour have yet to declare whether they will field a candidate, but given the government's actions over the extension of detention without charge it would appear extremely cowardly not to stand against Mr Davis and join the debate.

The Lib Dems came second in the seat in the 2005 general election, only 5,116 votes behind Mr Davis. Labour came a distant third.

"Relentless erosion"

Speaking outside parliament, Davis said he wanted to take a stand against Gordon Brown's "relentless erosion" of long-held rights.

He cited the gradual erosion of the "right not to be imprisoned by the state without charge or reason", the proposed "intrusive identity card system", the proliferation of CCTV cameras and the creation of "a database State, opening up our private lives to the prying eyes of official snoopers and exposing our personal data to careless civil servants and criminal hackers".

"I will argue in this by-election against the slow strangulation of fundamental British freedoms by this government," he told reporters outside Parliament.

EU's 'Big Brother' database

One clear example of the problem, which should therefore form a major part of Mr Davis's campaign in addition to the issue of detention without charge, is the looming Communications Data Bill, announced in Gordon Brown's recent preview of November's Queen's Speech.

The Bill is designed to create what The Times back in May called a "'Big Brother' database for phones and e-mails", by permitting the collection and retention of records relating to every phone call made and e-mail sent.

However the fundamental purpose of the Bill is to "Transpose EU Directive 2006/24/EC on the retention of communications data into UK law", confirming that it is the European Union rather than our own government that is the chief architect of the plan.

EU role in erosion of liberties

The EU's hand in this proposed major new pillar of that "database State" should come as no surprise, as Brussels institutions have long been active behind the scenes in many of the erosions of civil liberties to which Mr Davis refers in his resignation statement.

As far back as 2002, the late Hugo Young writing in The Guardian was lamenting the erosion of Habeas Corpus as a result of the EU Arrest Warrant (EAW), which he described as a "sinister overreach".

Not just a means to combat terrorism, as it was spun on its rapid revival after the September 2001 terrorist attacks in America, the EAW in fact applies to to every crime carrying a sentence of 12 months or more.

It can be used to extradite British citizens to other EU member countries even for acts which are not considered crimes in this country, such as "xenophobia", and such vague charges as "swindling".

Yet standards of justice in many other EU member countries, as Hugo Young detailed in his article, are far from reliable.

On ID cards, my colleague Marc Glendening was as far back as 2003 and into 2004 pointing out the EU's role in encouraging and significantly funding the development of common identity cards.

This was advanced as part of the EU's drive to create what the European Commission in its 1997 criminal justice blueprint referred to as a "unified legal space", and subsequently gathered pace as a function of the EU's steady creation of a common borders and asylum policy.

In recent years the EU's activity in the field of criminal justice has grown significantly, and its interest in governing identity documents has since become more overt, by virtue of amendments included in the re-named version of the EU Constitution - now known as the Lisbon Treaty.

A proper debate

Commenting on the Communications Data Bill, David Davis was quoted in the Times article as saying: "Given [ministers’] appalling record at maintaining the integrity of databases holding people’s sensitive data, this could well be more of a threat to our security, than a support”.

Of course, it is just one example. But it is a major and approaching one that, by making it one of the high profile aspects of his campaign, his successful re-election could aim to see squashed.

While it's clear that our own government must carry much of the responsibility for the problems Mr Davis is concerned about, a proper debate about threats to civil liberties is simply not possible without acknowledging that the EU is also a big part of the problem.

Ireland votes

Polls have opened in Ireland in their referendum on adoption of the re-named EU Constitution.

Ireland is the only country to be getting a vote on the Lisbon treaty - the requirements of their Constitution not allowing the Irish government to deny the people a say on further transfers of power to EU institutions, as has happened in every other EU country.

Opinion surveys have shown the 'Yes' and 'No' camp neck and neck, but the feeling is that the shock progress by the treaty's opponents revealed last Friday and over the weekend has spurred the government to re-mobilise the much more considerable resources the 'Yes' side has at its disposal.

Nevertheless, the Daily Telegraph reports that diplomats have already been cooking up an alternative to get around the eventuality of a 'No' vote and ensure the treaty is implemented regardless.

Another example of how the EU refuses to accept the outcome of democratic votes that go against its outdated quest to centralise ever more power. So even a 'No' vote is very unlikely to be the end of the story for the EU's plans.

Turnout is crucial to the outcome, with the weather likely to play a role. The forecast would appear to favour the 'Yes' camp with the Irish weather station predicting a dry day with a few showers.

Polling stations are open until 11pm this evening, and with counting due to start on Friday morning the result is likely to be available on Friday afternoon.

Tuesday, 10 June 2008

Last gasp for the Lib Dems?

UPDATE (Wednesday 11 June, 21:09): The House of Lords has rejected a referendum proposal by 280 votes to 218.

As expected, Lib Dem peers voted against a referendum, which would have been approved if they had abstained in accordance with Nick Clegg's policy in the Commons.

So will Nick Clegg have the integrity to take responsibility for his party's damaging multiple U-turns, ending up acting completely in contradiction to a popular manifesto promise? Or will he admit he has lost control of his party? It's one or the other, surely ...

------------------------


Tomorrow there will be a key vote in the House of Lords on the question of whether there should be a referendum on the re-named EU Constitution - now called the Lisbon Treaty.

Due to the different make-up of the House of Lords, with a large number of 'crossbench' peers not linked to any party holding the balance of power, a referendum amendment would very likely be approved if the 76 Liberal Democrat peers obeyed Nick Clegg's policy to abstain on the question.

However, the leader of the Lib Dem peers Lord McNally has already made clear that he and his colleagues will not be abstaining like the party's MPs.

The new instruction is to vote with the government, against a referendum.

The question is - on whose instructions? Either Nick Clegg has performed yet another policy U-turn, and told Lib Dem peers to vote with the government rather than abstain.

Or the peers are doing as they please and just plain ignoring him.

So Clegg must either take responsibility for the fact that his repeated U-turns on the popular referendum promise his party made at the last election are haemorhagging both credibility and popular support. Or admit he has lost control of his party.

Lib Dem voters back referendum

Back in March an ICM poll conducted for the Iwantareferendum campaign found that Liberal Democrat voters supported a referendum on the Lisbon Treaty by more than two to one.

67% said that “Voters should decide in a referendum” while only 30% thought that “MPs should decide in Parliament.”

Shortly afterwards, most Lib Dem MPs having abstained on the issue in the key Commons vote, the party performed terribly in the local elections, failing to capitalise on the flow of voters away from Labour. Particularly in areas where their promise-breaking stance on a treaty referendum was highlighted the most intensely.

A matter of trust

The potency of the treaty referendum at the ballot box has been grossly underestimated by the government and the Liberal Democrats.

Noting that the European Union comes low down the list of voters' concerns, they schemed that they could confront the evident strong public support for a treaty referendum and get away with it.

However, typically of today's political class, they gave scant regard to the 'small' matter of their manifesto promises.

The promise-breaking nature of their actions has caused the referendum issue to transcend into a matter of trust. And the high profile failure to deliver a clear and popular promise made at the last election - almost regardless of the issue itself - is a much bigger electoral liability.

From that point on, nothing a promise-breaking MP says can be believed - a distasteful trait the memory of which also lingers far longer than the details of the act that confirmed it. Hardly a good basis for an MP to request support.

So this issue is not so much about the referendum itself anymore. It has become a matter of trust. And MPs who have appeared to hold trust - much more so than voters' concerns about any single issue -
so cheaply are far more likely to pay a heavy price at the ballot box.

Last gasp

In this context, if Lib Dem peers block any chance for the party's MPs to redeem themselves, tomorrow's Lords vote could be the last event standing between the Lib Dems and
meltdown at the next general election.

With a high proportion of the party's MPs in marginal seats, the Lords' actions will place over 30 of their parliamentary colleagues and the future leadership prospects of Nick Clegg firmly in the firing line.

The only way back from their predicament is for the party's MPs to be given a new opportunity to support the referendum that they promised at the last election.

So when they vote today, those peers must either vote for a referendum as the party promised at the last election, or at least vote in line with their party leader's policy and abstain.

Monday, 9 June 2008

Big week looms for treaty

Several major tests for the EU Constitution treaty culminate this week, making the next few days the treaty's final major hurdle to ratification.

Having on 22 April won the right to a judicial review on the government's abandonment of its manifesto pledge to hold a referendum, today and tomorrow Stuart Wheeler will return to the High Court to argue his case.

An important distinction that few are making in comments and reports about this case, fed by reports that House of Commons Speaker Michael Martin is intervening to combat the challenge, is that Mr Wheeler is not trying trying to overturn the will of Parliament.

His case is solely about the government, its public statements, and whether abandonment of a clear committment to a particular course of action is lawful on grounds of fair dealing with the public - a principle known as "legitimate expectation".

Judgement is not likely be given his week. The verdict on just leave to seek judicial review was deferred after the 22 April hearing and only given on 2 May. So we are unlikely to immediately know the outcome of the full hearing.

Even if Mr Wheeler wins his case, it will be technically possible for the government to still ignore the verdict. But it would be politically very hard for them to do so - to continue to pursue a course of action which a court has declared unlawful.

Full information about the case, including submissions made by both sides, is available on Stuart Wheeler's website. As is a Contributions Form, for those who wish support Mr Wheeler with what, if he loses, will be the considerable costs of this brave action.

As he says: "Although I am the person bringing the action it is, in effect, on behalf of all those of us – well over half the population – who want our say in a referendum."

-----------------------------

Wednesday will see a key moment in progress of the Lisbon Treaty through Parliament, with a vote in the House of Lords on whether there should be a referendum.

Here, the behaviour of the Liberal Democrat peers will be pivotal to the chances of a referendum motion being passed. However, every indication is that the party's peers will vote with the government against a referendum.

Whether, in doing so, they are defying their leader's 'abstention' policy on the issue, or the Liberal Democrats as a whole have flip-flopped on the referendum question yet again, is a key question.

But in either case, the answer is not good news for the party or its increasingly hapless leader Nick Clegg.

-----------------------------

Finally, on Thursday 12th, voters in Ireland will go to the polls to cast their verdict in the only referendum being held anywhere in the EU on the re-named EU Constitution treaty.

Polls indicate that this may prove the treaty's sternest test. On Friday an Irish Times survey showed a 17-point jump for the "no" side, putting it five percentage points ahead. Yesterday, a poll published in the Sunday Business Post put the pro-treaty camp in the lead, but only just - 42% to 39%.

A 'No' vote would certainly cause the EU some turmoil and place an (albeit no doubt temporary) obstacle in the treaty's path that we may be able to capitalise upon.

But as we know from bitter history, time and again the EU has refused to accept the outcome of democratic votes that go against its outdated quest to centralise ever more power. So a 'No' vote is very unlikely to be the end of the story.

Wednesday, 4 June 2008

Linking MPs' pay to responsibilities

Peter Lilley brought some welcome common sense to the House of Commons yesterday, with an extremely relevant contribution to the on-going debate about MPs' pay and expenses.

He proposed a Bill that would require the Senior Salaries Review Body to "take account of transfers of powers between Parliament and European Union institutions when making recommendations on the pay of Members of Parliament."

The Bill is a cross-party effort, co-sponsored by the Labour MP Gisela Stuart. Ms Stuart is particularly well placed to know about power transfers involved in the Lisbon Treaty, having been a leading member of the Convention that drew up the original EU Constitution.

In his introductory statement, Lilley said:

"In virtually every occupation, it is recognised that pay should reflect responsibilities. If people receive more responsibilities, they get higher pay. If they move to a post with fewer responsibilities, they expect to receive lower pay.

"The same should be true of Parliament. If, as is contemplated under the Bill that deals with the European constitutional treaty, this House hands over more of its powers to European institutions, MPs’ remuneration should reflect that diminution of their responsibilities."

Could anyone possibly argue with that? And is there any doubt that the EU has steadily increased its powers at the expense of Parliament?

So the thrust of Lilley's case is a very hard one for MPs to refute credibly. His opening remarks on the scale of Parliament's reduced responsibilities are well worth reading in full.

Lame response

Only one MP attempted to respond to Mr Lilley's proposed Bill. That was Hugh Bayley (Labour, City of York), who back in March voted in favour of the renamed EU Constitution treaty and against the referendum he promised local voters at the last election.

He grandly dismissed the notion of linking MPs' pay with responsibilities (like every other occupation) as a "nonsensical proposal", making two main counter-points.

First, he claimed that it can't be true that MPs have fewer responsibilities as the volume of legislation being considered by Parliament continues to increase year by year.

However, had Mr Bayley been listening properly, he would have heard Lilley's key point that much of that 'volume' now has its origins in the EU - laws which MPs have no power to change once they reach Parliament, but which they are required by the EU Treaty to approve.

Hence volume does not equal responsibility when all that MPs increasingly do is wield a rubber stamp.

Second, Mr Bayley pointed to the difference in spending as a proportion of total wealth between the EU and our own government, presumably implying that as our government spends much more, then our political leaders must be doing the work.

However, as even most "Euro-enthusiasts" will acknowledge, while the EU makes laws it is national governments that must implement them. Which explains why governments and parliaments still shoulder the bulk of the costs and spending, while nevertheless having less and less responsibility as law-makers.

As Mark Leonard of the Brussels-financed Centre for European Reform put it, in a moment of rare candour: "Europe's power is easy to miss. Like an 'invisible hand', it operates through the shell of traditional political structures. The British House of Commons, British law courts, and British civil servants are still here, but they have all become agents of the European Union implementing European law." (Europe's Transformative Power, Centre for European Reform, Bulletin 40, February/March 2005).

So Mr Bayley's second point betrays either a complete ignorance of the basics of how the EU works, or an intention to mislead.

MPs in the dark

However, the most penetrating part of Peter Lilley's remarks came when he tried to explain how so few MPs ever seem to realise the true scale of power transfers to the EU in every new treaty, or how many have already been transferred. He gave three reasons:

1. that Governments of all persuasions always deny that any significant powers are being transferred;

2. once powers have been transferred, Ministers engage in a charade of pretence that they still retain those powers. Even when introducing measures that they are obliged to bring in as a result of an EU directive, they behave as though the initiative were their own.

Lilley cited the recent examples of
home improvement packs, fortnightly bin collections and hospital reconfiguration which, he said, have all been triggered by EU directives. But there are many others, as has been so well illustrated by Open Europe's study The EU and You: the hidden power of Brussels.

An example in the pipeline is the proposed Communications Data Bill - the 'Big Brother' Bill that will permit the collection and retention of all communications data, designed to transpose EU Directive 2006/24/EC on the retention of communications data into UK law.

Consequently, the national media idly report these issues without mentioning their EU origins, leading also to little public awareness of the true extent of the EU's role in how we are governed;


3. that the transfer of power is easy to miss because it occurs not all in one go but by a process of salami-slicing, resulting in Parliament sleepwalking into becoming little more than a provincial assembly.

Why do our political leaders behave this way? Lilley concludes that the EU benefits from their self-importance, saying that they "prefer to claim paternity rather than admit impotence—the fate of the cuckold across the ages."

Posture without power

Sadly there's little prospect of Lilley's proposed Bill being passed. As he himself recognises, turkeys don't vote for Christmas.

The truth, as he went on to say, is that "Too many Members are happy to avert their eyes from what is happening, so long as they retain the prestige and emoluments that were appropriate to a fully sovereign Parliament."

But his initiative must nevertheless be welcomed as an attempt to wake MPs up to how the process of handing ever more powers to the EU will ultimately have for them some very personal implications.