Popeye

The Lisbon Treaty

One of the accusations levelled against the Treaty is that it is obtuse and impenetrable.

Nothing could be further from the truth, for example Article 2, para 4 says –

- The Union shall establish an economic and monetary union whose currency is the euro.

Seems pretty clear. I trust Mr Brown has told Mr Darling.

Not in our national interest

The Union exists to further its own political ends, which the Treaty makes clear transcend the national interests of the Member States. Article 3a, para 3 says -

- The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives.

Also seems pretty clear. I trust Mr Brown will tell Parliament.

But what are these objectives?

Peace on Earth and goodwill to all men (and women)

Article 2a, para 3 says –

- The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment.

In the face of increasing competition from developing countries, particularly in the Far East?

Whether you believe these aims are realistic, achievable or even desirable is of no consequence as they are the aims of the Union. And that’s all that matters.

But wait, there is more. Not content with bringing Heaven on Earth to Europe –

- It [the Union] shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples…

Not even the USA is that ambitious.

British government powerless

Not to worry though, surely our government will be protecting our interests at the highest level, won’t they? Er, no. To understand why not, a quick run down of the structure of the Union’s governing institutions might be helpful.

We start with the European Council

- The European Council, consisting of the heads of state or government of the Member States shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions. Article 9B, para 2.

The political direction of the Union, is, as we have seen, laid down within the Treaty so the European Council really acts as little more than whippers-in to ensure compliance. Furthermore, as the vast majority of decisions are taken by consensus, disagreement with policy by our boy, or indeed girl, in Brussels would carry about as much weight as disagreement by the President of Malta.

Next comes the Council, consisting of a representative of each Member State at ministerial level, who may commit the government of the Member State in question –

- The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions as laid down in the Treaties. Article 9C, para 1.

Note that the Council alone is responsible for policy making. Decisions are by qualified majority voting – from 1 November 2014 a blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained, ie no national veto.

Next comes the real centre of power, the Commission –

- Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise. Article 9D, para 2.

This means that the Commission, backed by a huge number of committees and civil servants, makes Union law – and Union law is our law. The Commission is totally unaccountable to national governments –

- In carrying out its responsibilities, the Commission shall be completely independent. … the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks. Article 9D, para 3.

Their task is, of course, furtherance of the Union’s objectives by whatever means.

Last, and without doubt least, comes the European Parliament consisting of members from Member States. Seats are allocated by reference to population with a maximum of 96 and a minimum of 6 – so Malta gets potentially 1 seat per 66,667 inhabitants and we get potentially 1 per 833,333. But who said the European Parliament was meant to be fair and representative?

So, coming back to the question of our government protecting our interests.

- Our interest on the European Council is 3.73% (1 member in 27).
- Our interest in the Council is approx 13% (based on population)
- Our interest in the Commission is 0.00% (members must not represent national interests)
- Our interest in the European Parliament is a maximum of 9.78% (assuming 72 seats)

The European Parliament – rottweiler or poodle?

The “official” view is that MEPs can throw out legislation they don’t like and are a democratic counterbalance to the unelected bureaucrats of the Commission; the Eurosceptic view is that the sole function of MEPs is to give an appearance of democratic legitimacy with no power to resist unwanted legislation. The truth is probably somewhere between the two – but the fact remains that even if every single British MEP voted against a Commission proposal, that proposal could still become Union law – and hence British law. And Union law is designed to further the Union’s aims, not individual nations’ interests.

All batting for the same team (even the LibDems)

But surely, Parliament could refuse to enact Union law? Hmm, not really. You see, all three of our main political parliamentary parties, with one or two individual exceptions, are very much pro-Union and thus by definition keen to implement Union Directives and Regulations – recycling, wind turbines, road pricing and vehicle tracking via Galileo, HIPS, smoking bans, “tackling” climate change, Common Fisheries Policy, Common Agricultural Policy, biometric ID cards linked to a state surveillance database, GM crop development, political correctness legislation, uncontrolled mass immigration etc, etc. Not only that, but by subscribing to the Treaties we, as a Member, have pledged not to hinder furtherance of the Union’s aims. So we are treaty bound to enact Union legislation whether we agree with it or not.

Some believe we are being guided, for our own good, into a sort of egalitarian Soviet style Utopia where everybody is equal, free from prejudice and secure; others believe we are being herded, against our will, into a Soviet style totalitarian Orwellian nightmare.

Self determination is for others, not us

Self-determination may be good enough for our erstwhile colonies but not for us it seems.

The Treaties give the Union “competence”, ie power, to legislate on pretty much everything –

Exclusive competence (Article 2B) is reserved by the Union to legislate concerning:

(a) customs union;
(b) the establishing of the competition rules necessary for the functioning of the internal market;
(c) monetary policy for the Member States whose currency is the euro;
(d) the conservation of marine biological resources under the common fisheries policy;
(e) common commercial policy.

Only the Union can enact laws in the above areas – which are binding on us whether we like it or not.

Shared competence (Article 2C) is granted on legislation concerning–

(a) internal market;
(b) social policy, for the aspects defined in [the] Treaty;
(c) economic, social and territorial cohesion;
(d) agriculture and fisheries, excluding the conservation of marine biological resources;
(e) environment;
(f) consumer protection;
(g) transport;
(h) trans-European networks;
(i) energy;
(j) area of freedom, security and justice;

In the areas of shared competence, the Member States can only exercise their competence to the extent that the Union has not exercised its competence. In other words we can enact laws that are binding on us (so long as they don’t conflict with Union laws or objectives) - and so can the Union (even if they do conflict with our law or national interest).

If that wasn’t enough -

- The Member States shall coordinate their economic policies within the Union. To this end, the Council shall adopt measures, in particular broad guidelines for these policies. Specific provisions shall apply to those Member States whose currency is the euro. Article 2D, para 1.

- The Union shall take measures to ensure coordination of the employment policies of the Member States, in particular by defining guidelines for these policies. . Article 2D, para 2.

- The Union may take initiatives to ensure coordination of Member States' social policies. . Article 2D, para 3.

We may have “red lines” and “opt outs” in specific areas at the moment, but how long will these last? The word on the street is not very long if precedent (UK vetoes, UK rebate etc) is anything to go by. When the European Project is complete England will no longer be a Nation but simply a nine region province of the Union (with Scotland, Wales and N Ireland devolved as separate regions also) taking orders direct from Brussels via unelected regional assemblies, with Parliament at best a talking shop, at worst consigned to the historical dustbin.

Passages in italics taken from The Lisbon Treaty published by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office - price £23.15. Crown Copyright,