Wednesday 31 October 2007

EU Law and the Philip Lawrence Murderer

The BBC today reported that “A senior High Court judge has refused a government request to reconsider a tribunal's decision to prevent a murderer being deported to Italy. Learco Chindamo, the murderer of London headteacher Philip Lawrence, could be released from prison next year.” The European Journal had already printed the following piece in the last [October] issue, by Bill Cash MP.

EU Law and the Philip Lawrence Murderer
Bill Cash MP

The British people will no doubt strongly support the widow of Philip Lawrence in her distress at the Special Immigration Appeals Commission (SIAC) decision, concerning her husband’s killer. The fact that the decision was taken on the basis of a European directive as compared to the Human Rights Act (1998) makes the situation worse. The essential issue is that whether in respect of the European Communities Act (1972), or the Human Rights Act (1998), Parliament has abrogated its responsibility and accountability to the electorate under both enactments. Westminster, on behalf of the electorate, to whom it is responsible must reassert both in principle and in practice its supremacy (endorsed by a Referendum on the new European Reform Treaty) and legislate in line with the wishes of the voters, overriding when necessary the Act of 1972 and the Act of 1998. Thus, we would reclaim the right to deport foreign prisoners and foreign convicts and to ensure that terrorists are put under proper control and protect the British people from them. The debate in the media has not touched on the fundamental principles nor the requirement that the British judiciary must be required by Westminster legislation to interpret and obey legislation passed in line with the wishes of the electorate and not some allegedly superior European jurisdiction or elite.

Law Lords Mixed Decision on Protecting the Terrorist

After the law lords today gave a mixed decision on the government's control orders breaching the human rights of terrorism suspects, it is time that the UK Government realises that the control order regime they rushed through, which is grounded within the Human Rights Act, has been a recipe for disaster. More importantly, there is urgent need for reform here: the UK Government has created a dreadful situation by jeopardizing the security of UK citizens – and in the interests of their security, the Human Rights Act needs to be repealed.

If the Government, as the Home Secretary said today, is “to take every available step necessary to protect the public from the very real threat we face from terrorism", then why has the UK incorporated the European Convention on Human Rights (ECHR) into UK law via the Human Rights Act of 1998, creating a significant obstacle to public security

Although we must allow for a fair trial of terrorist suspects, habeas corpus, and for due legal process, the whole practice on human rights, from the Belmarsh case to the present day has clearly shown that the judiciary will continue to refuse to place public security first. The incorporation of ECHR into UK law via the Human Rights Act of 1998 is a major obstacle to public security. We need to opt out of ECHR. The Human Rights Act of 1998 needs to be repealed.

Tuesday 30 October 2007

63% of Conservative Supporters Back "Renegotiation Referendum" … Britain Must "renegotiate back to the idea of a free trade area"

David Cameron has done well recently to generate such a huge level of support for the Conservative Party but a poll by ConservativeHome today shows the importance of getting his message right on Europe. Whilst 77% agree that the EU Treaty amounts to a significant surrender of British powers, there are 63% who support the idea that if the Treaty is ratified, they would support a referendum that mandated the incoming Conservative government to renegotiate back to the idea of a free trade area.

As long as David Cameron pledges a post-ratification referendum with conviction, the opportunity for the "renegotiation" of Britain's position within Europe remains possible. The leadership must begin by endorsing the Early Day Motion (EDM) laid down by William Cash MP, and signed by 47 Tory MPs, calling for a referendum "before or after ratification."

"Renegotiation" must be Cameron's long-term concern on Europe in order for the Party to create a credible agenda. This referendum must seek to renegotiate all the existing Treaties, since – as the EDM says – "the Reform Treaty is a consolidation of the existing treaties into a merger of the European Community into a European Union involving substantial, fundamental, constitutional and structural change by the Government's own criteria for a Referendum". The European Foundation has been campaigning for fourteen years on demanding the renegotiation of the binding European Treaties, and thereby the existing relationship which the country which has with the European Union. There is no other credible and diplomatic way out of our troubled relationship with Europe. As Conservative MP, Bernard Jenkin told ConservativeHome: "The question is not whether there should be renegotiation, but how it should be achieved."

James McConalogue of the European Foundation said:

"This means that the Party must debate the need for renegotiating on the Lisbon Treaty and the Treaties of Maastricht, Amsterdam, and Nice. They must recognise that there is a need for free trade but not European government, and ought to propose, as Winston Churchill asserted, that Britain must be associated but not absorbed by Europe. What we need is a Europe based on an association of freely trading nation-states, not a Europe under one super state."

Monday 29 October 2007

Cameron Needs to Cement New Victory By Confronting Europe

James McConalogue of the European Foundation says:

“David Cameron has achieved a magnificent poll lead, giving the Tories a 41%-38% advantage, but if he wants to keep it, he will have to cement his victory with some real substance on the European issue. What does that boil down to? We need that referendum pledge to also be a post-ratification one, as it was in Wilson’s 1975 EEC referendum. We need the Conservative Party to focus on the fact that this Treaty and the accumulation of the existing Treaties have been pushed through at the expense of democracy and the vital British national interest. The Conservative Party must be a Party for the Referendum and it must be a Party to promise the ‘No’ Vote, given the long-term deceit which has fundamentally altered the relationship which the British people have with the UK Parliament. The country will then be in a position to renegotiate its unfavourable terms with Europe.”

Chairman of the European Foundation and Conservative MP, Bill Cash said to Gordon Brown in Parliament on Monday (22 October):

“Does the Prime Minister accept that by refusing to hold a referendum he is putting not only himself on trial but Parliament itself? Does he not appreciate that 27 million people have been denied the opportunity of a referendum since 1975? Given the circumstances of deceit and the manner in which this treaty has been negotiated, as the European Scrutiny Committee has indicated, it is absolutely essential that we have a referendum. No wonder only 59 per cent of people bother to vote at all. Does he not understand the responsibility upon him?”

Madeleine McCann and EU Diplomacy – Why Gordon Brown Won’t Take the Case Forward

After months of little progress in the attempts by the Portuguese police to solve the Madeleine McCann case, the British Prime Minister has achieved next to nothing in the way of UK support for the investigation into the case. As with similar cases investigating other nationals – including the extradition of the Litvinenko killer from Russia – the UK government has resigned itself to pursuing EU laws and associated diplomatic channels which in short have achieved nothing of any substance.

On Thursday 18 October, prior to agreeing to the Reform Treaty in Lisbon, Brown said he would raise the case of missing Madeleine McCann with the Portuguese PM, José Sócrates. Gordon Brown said: "I have discussed this with him before, to assure myself the police authorities are taking the actions that are necessary and there's proper co-operation between the British and Portuguese police." Brown later returned to the UK, troublingly satisfied that everything necessary was being done.

The lackadaisical approach taken by the UK Government is topped only by its devotion to the EU principle of “mutual recognition”, through which the UK Government must simply wait and abide by the sluggish police and judicial processes of the Portuguese criminal justice system when investigating the cases of UK citizens. The European Council has long asserted the principle: “Implementation of the principle of mutual recognition of decisions in criminal matters presupposes that Member States have trust in each others' criminal justice systems. That trust is grounded, in particular, on their shared commitment to the principles of freedom, democracy and respect for human rights, fundamental freedoms and the rule of law.”

The Foreign and Commonwealth Office openly claims that “In order to facilitate judicial co-operation we aim for mutual recognition of judicial decisions …. This means that we accept legitimate judicial decisions issued by other EU member states.”

Jim McConalogue of the European Foundation says:
“In the case of Madeleine McCann, there seems little hope that the UK Government will attempt to put forward a just solution – whatever that may be – since the provisions provided for in the 1968 Brussels Convention, The Treaty of Amsterdam in 1997 and since the EU Summit in Tampere in 1999 have resulted in the UK subjecting itself to a European system of law which carries with it judicial hazards and procedures which are far from satisfactory.”

Thursday 25 October 2007

The Conservative Party Must Debate Europe in Pushing for a Referendum

Whilst David Cameron is right to continue pledging a referendum, he must debate the real issues reflected in the UK electorate and the Conservative Party in order to move forward on Europe. The best start that can be made on ‘acknowledging Europe’ after the publication of the European Scrutiny Committee’s highly-critical report is for the leadership to fully endorse the Early Day Motion signed by nearly 50 MPs.

In particular, the Conservative leadership must realise in this Motion:

That this referendum must be on all the existing Treaties, since “the Reform Treaty is a consolidation of the existing treaties into a merger of the European Community into a European Union involving substantial, fundamental, constitutional and structural change by the Government's own criteria for a Referendum”. Given that the Treaty is not an isolated text, this referendum concerns all the existing Treaties and a successful ‘No’ vote on a referendum covering all the existing Treaties would enable Britain to renegotiate its position with Europe. The current economic and political model of unquestioned European unification around a centralised government does not work – it does not work for trade, it does not work for free business and enterprise, it does not work for governance, and it does not work for the various peoples of Europe.

There must be an opportunity for the Conservative leadership to offer a post-ratification referendum, as stated in the Motion. As it was said last night by one MP who has signed the Motion, there was “a perfectly good precedent” for the post-ratification referendum in the one held by Harold Wilson on EEC membership in 1975, and he added that “I don't have a problem with it.”

The European Court of Justice will acquire powers to decide on matters of vital national interest (including the unsustainable red lines) if this Treaty is not stopped. It is written in the Motion “that the Prime Minister said that he will reject the Reform Treaty if the Government's Red Lines are not guaranteed on 18th October, but (following the European Scrutiny Committee examination of the Foreign Secretary on 16th October) that these Red Lines do not satisfy UK vital national interests and that the European Court of Justice will determine these matters, not this House.” For example, the European Court of Justice has turned its back on our claimed exemption from the Working Time Directive and our own national judiciary overturned the Merchant Shipping Act 1988 as being inconsistent with European law. Let’s be frank – if people want to be governed by Europe, as they have been and will continue to be in an increasingly aggressive manner, then let them decide through a national referendum.

Conservative Referendum Pledge Needs Conviction and Permanence

After Conservative leader, David Cameron, revised his claim yesterday that the Conservative Party will hold a referendum “if we can”, whilst refusing to back the opportunity for a post-ratification referendum, the European Foundation argues that Cameron is right to continue pledging a referendum but needs to honour it with utter conviction and furthermore, promise a post-ratification referendum.

Ever since Bill Cash MP, “the leading Tory euro-sceptic in the Commons”, put down his Early Day Motion on 17 October, which has now gained strong support, the Conservative Party must pledge (as it states in the Motion), that Parliament “holds a Referendum before or after ratification.” In total, 44 MPs have now signed the Motion. [See The Independent today].

Now is also the time for Parliament, at the very least, to override the European Communities Act 1972 in order to guarantee the red lines, including the Charter of Fundamental Rights, during the passage of the Bill which will implement the Reform Treaty. This can be achieved by excluding their effect through the use of a statutory provision preceded by the words ‘Not withstanding the European Communities Act 1972’, as suggested in Bill Cash’s draft report (para.3), published alongside the European Scrutiny Committee's highly critical report on the EU Intergovernmental Conference.

James McConalogue of the European Foundation said:
“The Conservative Party must pledge a referendum on this Treaty even after ratification. It would not be unusual for the UK Parliament to do so. This is already precedented because Harold Wilson’s Labour Government did just this in 1975 under their Referendum Act.”

Call a Referendum: Gordon Brown Must Listen to Bertie Ahern

The Irish premier’s statement on the Reform Treaty that “I think it’s a bit upsetting to see so many countries running away from giving their people an opportunity” provides a suitable lesson, in the interests of democracy, for where Gordon Brown must turn next, following the strong criticism of his Lisbon deal as he returned to the UK Parliament yesterday.

Since The Independent reported today that “Bill Cash, the leading Tory euro-sceptic in the Commons, angrily accused Mr Brown of ‘deceit’ over the negotiation of the Treaty”, the Prime Minister may well learn from this episode of treachery – which the Taoiseach has referred to as “upsetting” – and call for a referendum immediately.

The Prime Minister must realise that it is the UK Parliament itself which is now on trial. Chairman of the European Foundation, Bill Cash MP, said to Gordon Brown in Parliament yesterday: “Does the Prime Minister accept that by refusing to hold a referendum he is putting not only himself on trial but Parliament itself? Does he not appreciate that 27 million people have been denied the opportunity of a referendum since 1975? Given the circumstances of deceit and the manner in which this treaty has been negotiated, as the European Scrutiny Committee has indicated, it is absolutely essential that we have a referendum. No wonder only 59 per cent of people bother to vote at all. Does he not understand the responsibility upon him?”

No Referendum? No Wonder Brits Have Stopped Voting

As Gordon Brown returned to the UK Parliament at 3.30pm this afternoon in order to defend his agreement to the Reform Treaty in Lisbon, the Conservative MP and Chairman of the European Foundation, Bill Cash, told Brown that since he had failed to take responsibility in holding a referendum on the Reform Treaty, it was “no wonder only 59 per cent have bothered to vote at all” in a national election (referring to the low post-war turnout for the UK’s 2001 general election). Cash made clear that 27 million voters have been denied a Referendum on the European issue since 1975. As it was pointed out to Brown in the House of Commons, his pledge to restore "trust" in the UK Parliament no longer had any credibility.

David Heathcoat Amory, MP, who also questioned Brown’s continued opposition to the referendum, earlier pointed out to the European Foundation in their publication, The European Journal, that “[i]t is in fact the content and reality of parliamentary democracy that is at stake here. A referendum would in essence be about where people are to be governed from, and how, and whether they wish to be ruled by people they elect and can remove, or do not elect and cannot remove.” Click here.


Jim McConalogue of the European Foundation, said:
“There we have it. No matter how well Brown sings from the Brussels hymn sheet, we can see his own Party Members, his Members in the European Scrutiny Committee and most in the Parliamentary opposition did not have a good word to say about the shady Lisbon deal. It is not about this or that line on Europe – it is about the British people’s trust in democracy and the authority of the Westminster parliament, with its assembly of elected representatives, all of which have been compromised.”

Conservative Party Must Pledge ‘Post-Ratification Referendum’

Since Bill Cash, MP, put down a formal motion in Parliament for the UK to promise a referendum on the Reform Treaty even if Parliament ratifies it in the next few months (as reported in The Guardian, The Financial Times, The Times, The Daily Express), the European Foundation demands that now is the time for Gordon Brown and the Conservative Party to acknowledge that the Reform Treaty is a consolidation of all the existing treaties, which creates a revised European Union structure involving fundamental and constitutional change (by the Government’s own criteria for a Referendum). The Conservative Party must pledge – as it states in the Early Day Motion – that Parliament “holds a Referendum before or after ratification.”

The Motion makes clear the necessary arguments for what both Gordon Brown and the Conservative Party must do now:

The impartial European Scrutiny Committee concluded that the Reform Treaty is substantially equivalent to the original Constitutional Treaty;

The Government Manifesto promised a Referendum on the original treaty;

The Conservative Party voted against the Treaty in principle on the Second Reading of the Bill implementing it;

The Prime Minister said that he will reject the Reform Treaty if the Government's Red Lines are not guaranteed on 18th October, but (following the European Scrutiny Committee examination of the Foreign Secretary on 16th October), these Red Lines do not satisfy UK vital national interests and that the European Court of Justice will determine these matters, not the UK Parliament;

27 million voters have been denied a Referendum on any European Question since 1975;
Over 70 per cent of the voters want a Referendum but the reasons have to be fully explained;

The Reform Treaty is a consolidation of the existing treaties into a merger of the European Community into a European Union involving substantial, fundamental, constitutional and structural change by the Government's own criteria for a Referendum;

The Prime Minister must reject the Reform Treaty and hold a Referendum before or after ratification.

In total, 40 MPs have signed this Early Day Motion in Parliament, including: William Cash, John Redwood, Michael Ancram, Christopher Chope, John Whittingdale, Edward Leigh, Bernard Jenkin, David Amess, James Clappison, Ann Widdecombe, Michael Fallon, Peter Bottomley, Iain Duncan Smith, Richard Shepherd, Peter Tapsell, Ann Winterton, Nicholas Winterton, Graham Brady, Greg Knight, Derek Conway, Bob Spink, Ian Liddell-Grainger, Mark Field, Richard Bacon, Nadine Dorries, Graham Stuart, Charles Walker, Adam Holloway, Greg Hands, Douglas Carswell, Lee Scott, Philip Dunne, David T. C. Davies, Christopher Fraser, Brian Binley, James Duddridge, Philip Davies, Daniel Kawczynski, Mark Pritchard, Peter Bone.


Jim McConalogue of the European Foundation, said:
“Given that an astonishing 27 million people have been denied a Referendum on the European issue since 1975 - including myself - it is vital that the Conservative Party pledge this Referendum post-ratification. If this pledge is to be long-term and meaningful, the Conservative Party must simply learn that a post-ratification referendum is essential.”

Chairman of the European Foundation, Bill Cash MP, puts down Formal Motion in UK Parliament on Reform Treaty

Early Day Motion

"That this House notes that the impartial European Scrutiny Committee concluded that the Reform Treaty is substantially equivalent to the original Constitutional Treaty; that the Government Manifesto promised a Referendum on the original treaty; that the Conservative Party voted against it in principle on the Second Reading of the Bill implementing that Treaty; that the Prime Minister said that he will reject the Reform Treaty if the Government's Red Lines are not guaranteed on 18th October, but (following the European Scrutiny Committee examination of the Foreign Secretary on 16th October) that these Red Lines do not satisfy UK vital national interests and that the European Court of Justice will determine these matters, not this House; that, contrary to the statements of the Foreign Secretary, parliamentary democracy is enhanced when this House, as the Labour Government in 1975, hands back a Referendum by Act of Parliament to the voters who elect Members of this House; that 27 million voters have been denied a Referendum on any European Question since 1975; that over 70 per cent. of the voters want a Referendum but that the reasons have to be fully explained; that the Reform Treaty is a consolidation of the existing treaties into a merger of the European Community into a European Union involving substantial, fundamental, constitutional and structural change by the Government's own criteria for a Referendum; and insists that the Prime Minister rejects the Reform Treaty on 18th October and holds a Referendum before or after ratification."

Signatories


Mr William Cash

Mr John Redwood

Mr Michael Ancram

Mr Christopher Chope

Mr John Whittingdale

Mr Edward Leigh


* 40


Mr Bernard Jenkin
Mr David Amess
Mr James Clappison

Miss Ann Widdecombe
Mr Michael Fallon
Peter Bottomley

Mr Iain Duncan Smith
Mr Richard Shepherd
Sir Peter Tapsell

Ann Winterton
Sir Nicholas Winterton
Mr Graham Brady

Mr Greg Knight
Derek Conway
Bob Spink

Mr Ian Liddell-Grainger
Mr Mark Field
Mr Richard Bacon

Mrs Nadine Dorries
Mr Graham Stuart
Mr Charles Walker

Mr Adam Holloway
Mr Greg Hands
Mr Douglas Carswell

Mr Lee Scott
Mr Philip Dunne
David T. C. Davies

Mr Christopher Fraser
Mr Brian Binley
James Duddridge

Philip Davies
Daniel Kawczynski
Mark Pritchard

Mr Peter Bone

Reform Treaty: Why Gordon Brown’s Britain Is Now a ‘British Dog in the Federal Manger’

Jim McConalogue of the European Foundation said:
“Gordon Brown’s proposal today that ‘The red lines have been secured’ and that ‘The British national interest has been protected,’ is deceitful and treats the British public with absolute contempt. As Lord Tebbit said at our press conference yesterday afternoon, Britain has become the ‘British dog in the federal manager’.”

The Red Lines have NOT been secured, since the UK’s All-Party House of Commons European Scrutiny Committee has not only concluded in its report that this “new Treaty produces an effect which is substantially equivalent to the Constitutional Treaty” but that “Even with the ‘opt-in’ provisions on police and judicial cooperation in criminal matters, and the Protocol on the Charter, we are not convinced that th[is] same conclusion does not apply to the position of the UK under the Reform Treaty. We look to the Government to make it clear where the changes they have sought and gained at the IGC alter this conclusion in relation to the UK.” The Government’s case for defending any of the red lines is as clear as mud and as far as the European Foundation can determine, the Government’s claim to have completely protected the UK’s existing labour and social legislation, our common law system, and our police and judicial processes, our independent foreign and defence policy and our social security system, is false. The only remedy for this state of affairs is to hold a referendum – let the 27 million people who have never once had the opportunity to vote on Europe since 1975 have the final say on this Treaty and all its amending Treaties.

The British national interest has NOT been protected given that:
The British nation has been barred from having a say on this European Treaty and all the European Treaties – including Maastricht, Amsterdam and Nice – which directly affect their everyday lives. This Treaty among the tide of existing European Treaties, enforces a European government and its legislation upon the British people, without their consent or wish, and is tantamount to rule by a renewed European empire. A referendum is required on the constitutional basis that the Reform Treaty with the merger of the existing Treaties, into a Union with an embracing single legal personality and a self-amending text amounts to “substantial constitutional change” on basic terms that demand a referendum according to the government’s own criteria.