Thursday 13 March 2014

Transfer of Powers

Not to say, balance of competences.

The real news from Ed Miliband is that there will as good as certainly be nothing so much as the suggestion of any further transfer of powers to the EU while he is Prime Minister. Since Michael Foot, no major Party Leader has ever before said that, or anything remotely approaching it.

Consistently, all of two per cent of people place the EU at the top of their list of priorities. Even only 20 per cent of UKIP supporters see a referendum on EU membership as important. Cameron’s commitment is to hold one only after his imaginary renegotiation, itself following his inconceivable General Election victory.

He and Miliband are both saying no to one. It is just that one of them is doing so on the basis that there would be no further transfer of powers. Cameron is not saying that: a renegotiation could result in anything. But there is not going to be one, because he is not going to be in office.

Even for the European Elections, the Conservatives and UKIP remain statistically tied, 10 points behind Labour. Ten.

The main cause now is opposition to the Transatlantic Trade and Investment Partnership, which perfectly embodies everything that the Eurofederalist project has always been about, and which gives incomparable explanation to the fact that, whereas the Left has opposed that project since the 1940s, next to no one on the British Right, including Margaret Thatcher, was anything less than wildly enthusiastic about it until the perceived need arose to oppose John Major on absolutely any available ground for his daring to be Prime Minister while not Margaret Thatcher.

To this day, someone like John Redwood, the intellectual guiding light who had wanted Teresa Gorman and Tony Marlow in the Cabinet, could not tell you anything in particular about the EU to which he was opposed. He could have written the TTIP, just as the framers of the Treaty of Rome, of Thatcher’s Single European Act or of Major’s Maastricht Treaty, against which Redwood did not vote, could have done.

It offers the culmination, at least to date, of the entire dream. Attempts to claim that that dream was ever about anything else are the stuff of borderline, if borderline, insanity.

Which privatisation did the EU prevent? Which dock, factory, shipyard, steelworks or mine did it save? Well, there you are, then.

If we needed the EU for the employment law that, since we do not have it, the EU is obviously powerless to deliver, then there would be no point or purpose to the British Labour Movement.

Beyond fighting the TTIP every step of the way, Labour needs to commit itself, not to a referendum the result of which, as of all such, would be determined in the month leading up to it by the BBC, exactly as happened in 1975, but to primary legislation in and through the Parliament of the United Kingdom.

First, the restoration of the supremacy of United Kingdom over EU law, and its use to give effect, both to explicit Labour policy by repatriating industrial and regional policy (whereas the Conservatives are not committed to any specific repatriation), and to what is at least implicit Labour policy by repatriating agricultural policy and by reclaiming our historic fishing rights in accordance with international law: 200 miles, or to the median line.

Secondly, the requirement that, in order to have any effect in the United Kingdom, all EU law pass through both Houses of Parliament as if it had originated in one or other of them.

Thirdly, the requirement that British Ministers adopt the show-stopping Empty Chair Policy until such time as the Council of Ministers meets in public and publishes an Official Report akin to Hansard.

Fourthly, the disapplication in the United Kingdom of any ruling of the European Court of Justice or of the European Court of Human Rights unless confirmed by a resolution of the House of Commons, the High Court of Parliament.

Fifthly, the disapplication in the United Kingdom of anything passed by the European Parliament but not by the majority of those MEPs certified as politically acceptable by one or more seat-taking members of the House of Commons, with the provision that no MEP who was a member of the American Legislative Exchange Council, or of anything that the Speaker or the House deemed comparable, would be eligible to be so certified.

Thus, we should no longer be subject to the legislative will of Stalinists and Trotskyists, of neo-Fascists and neo-Nazis, of members of Eastern Europe’s kleptomaniac nomenklatura, of people who believed the Provisional Army Council to be the sovereign body throughout Ireland, or of Dutch ultra-Calvinists who would not have women candidates.

And sixthly, the giving of effect to the express will of the House of Commons, for which every Labour MP voted, that the British contribution to the EU Budget be reduced in real terms.

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