Daily Archives: 5 November 2009

Cameron’s Lisbon pledge is “grammar streaming” all over again

Do you remember “grammar streaming“? That remarkable non-policy that Cameron came up with in 2007 designed to shut down the spiralling rows over grammar school policy that had been raging throughout the summer? Cameron’s announcement about European Policy today reminded me of that prime example of ridiculousness.

Like grammar streaming it is an attempt to square a circle which a large proportion of his backbenchers, frontbenchers and grassroots are obsessed with beyond all reason, despite the fact that a compromise in this case isn’t really possible. Part of the problem is that the Tory rhetoric about Lisbon for the past four years has been so over the top that lamely muttering “never again” doesn’t begin to rectify things. If the Lisbon Treaty was as bad as they have been claiming it is then the logical course of action is to call for the UK to leave the EU. That they are not tells you everything you need to know about what they really think about how pernicious this treaty really is.

European Treaties consist of rules that we have to live with from the moment they are ratified. They are not mere events. They aren’t a kick in the balls that you feel sore about for a while but which don’t fundamentally change anything. Yet this is how the Conservatives have consistently portrayed them. Maastricht was supposed to be the treaty to usher in the European Superstate. It didn’t happen. Then we were told that the secret plan was in Nice. Didn’t happen. And so we go on, treaty after treaty. Each time the Tories confess quietly that, yes, the last one wasn’t anything like as awful as they had been making out but THIS one on the other hand… it is laughable.

Cameron’s new cast iron guarantee appears to consist of two legislative steps: first, they will pass a law asserting Parliamentary sovereignty. Second, they will amend the European Communities Act 1972 to prohibit the further “transfer of power to the EU” without a referendum.

The first one is interesting because Bill Cash attempted to introduce precisely this rule into the Lisbon Treaty bill last year. Cameron – and most of the Conservative Party – abstained. So this is another EU-turn. But they had good reason to abstain – Cash’s amendment was meaningless. Parliamentary sovereignty has always been a mythological concept, as evidenced by the fact that the executive in this country wields enormous royal prerogative powers. The Tories may now want to shave off the worst excesses of the royal prerogative, but they have shown no sign of ending them. In particular they haven’t called for the government’s treaty-making powers to be invested in Parliament. Laws such as the Treaty of Lisbon Act are really just niceties – there is nothing to stop the government from ratifying treaties without Parliament. And indeed they do in the case of less controversial treaties.

One thing you can’t do is call for Parliamentary sovereignty with one hand and then demand popular referendums to ratify EU treaties with the next. Unless, it seems, you happen to be David Cameron (to be fair, most of the Conservative Party thinks the same thing). In any case, what does this pledge mean in practice? Under Lisbon, the European Council can make all sorts of changes without going as far as agreeing another treaty as long as all the member states agree. If Cameron agrees to one of these cosy little deals will he subject it to a referendum vote, or claim that it doesn’t count because it isn’t in a treaty? And what does “transfering power to the EU” mean anyway? We have done no such thing. We’ve pooled sovereignty which is a very different thing. Once again, that appears to give him a lot of wriggle room.

What is so special about European treaties anyway? If, heaven forbid, the Copenhagen talks result in a radical global commitment to reducing carbon emissions, it will have a profound effect on UK law. We will in effect be ceding our power to set energy and environmental policy for decades to come. It will be far more profound in practice than Lisbon. Will Cameron therefore be demanding a referendum on it (I right this as someone who thinks it might not actually be a bad idea as it would force the country as a whole to contemplate the crisis we face)? What about the Nuclear Non-Proliferation Treaty, due for renegotiation in the next couple of years? Is there a more profound impact on our sovereignty than security issues?

The whole thing smacks of style over substance and an attempt to buy a handful of naturally very angry people off. What I don’t understand is why it all seems to have been written on the back of a fag packet. Cameron must have known he was going to have to come up with a Plan B this summer as the opinion polls made the Irish “yes” win look increasingly likely. Yet he carried on pretending that the Lisbon Treaty was dying. The decision to promote Dan Hannan was especially surprising given the whole NHS debacle. He knew Hannan was a loose cannon and one who was causing him grief at the time. He knew Hannan would rather garotte himself than accept a U-turn on Lisbon. Yet he appointed him anyway, with predictable results.

I think Cameron will be a disastrous Prime Minister if he gets the chance: another Tony Blair but without the steel. His photo in the Guardian yesterday summed it up perfectly, something which Alastair Campbell has been mercilessly taking the mickey out of. It really is the most excrutiating photo of Cameron since That Bullingdon group shot. Here is a man who clearly puts more thought into his image than into his policies. The result is that both end up pretty laughable.

And yet, and yet… Gordon Brown is so spectacularly awful and incompetent that none of this seems to matter much. Despite the fact that UKIP will be having a field day trying to extract as much support from Eurosceptic Tories as they can on polling day, it probably won’t be enough. As with grammar streaming, the loony wing seem to have been largely bought off with this vague assortment of half promises and purple rhetoric. It certainly looks at the moment as if a sizeable chunk (by no means a majority) of the British public have made their mind up that they want Cameron as the next Prime Minister. I’m pretty sure they will shortly repent, but there doesn’t seem to be any telling them.