Jim Murphy

Minister for Europe

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Sunday 14 October, 2007

On the road to Luxembourg

A busy day today began with an interview on Sky News, rightly delayed so Sky could cover Brian Ashton's press conference in Paris.  I listened with great interest to what he had to say - he brings a common sense approach to managing the England rugby team that is a real contrast to many others involved in sport.  It's an approach Steve McClaren and Alex McLeish also bring to their management of the England and Scotland football teams, and I hope it catches on with others in sport.

Amidst all the coverage of the rugby, some of today's papers refer to a letter sent yesterday from David Cameron to the Prime Minister about the EU Reform Treaty.  I'm not going to get into the party politics of it here, but you might be interested in the detail of one or two of the points being made. 

It is not just the Government in this country stating that "the constitutional concept has been abandoned".  This is a quote from the the Mandate for the Treaty, agreed by all 27 EU member states in June (the full version is: "The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution" is abandoned"). 

All of our European partners are clear about this - it was, after all, the French and Dutch people who made it plain that they didn't want a Constitution.  The President of the European Commission has made this crystal clear.  And one of the authors of the old Constitutional Treaty, Giuliano Amato (now Italian Interior Minister) has said: "In the debate about the European Constitutional Treaty, we were talking about a Treaty which would repeal all the existing main treaties; that would have been a new Constitution, a new start.  However, what was agreed in Brussels at the European Council was not that, it was a cluster of amendments to the existing Treaty.  That is a crucial difference." (He also said: "if someone in the UK is calling for a referendum, that is not because the text we have in front of us is a Constitution, it must be for some other reason and I for one would not support it").

There's also been much talk about the UK's 'red lines'.  As a Government we are certain that they protect our sovereignty in crucial areas and give us a good, UK-specific deal.  All of our 26 EU partners know that we are determined to achieve our red lines.  I wouldn't pretend that those who want to see a federal Europe are pleased that we are being so tough in the negotiations and so insistent on getting a UK-specific deal.  Nothing in the Treaty affects our ability to run our own foreign policy - where we agree with other EU member states we will act together, but where we don't we can act alone.  There have been suggestions that the European Court of Justice might chip away at our 'red line' on the Charter of Fundamental Rights.  But our Protocol on the Charter is legally binding, in the Treaty, and has the same legal force as the Treaty.

What has so far been lost in the debate is that this Treaty gives us what we want - slimmed down and more effective European institutions that can act faster and deliver more for British and other European citizens. 

If you are interested in this and want to know more, the Foreign Secretary is appearing before the European Scrutiny Committee on Tuesday.  You can watch the session on Parliamentary TV or look at a transcript afterwards on www.parliament.uk (you can see a record of my evidence to the committee from 2 October at http://www.publications.parliament.uk/pa/cm200607/cmselect/cmeuleg/uc1015-i/uc101502.htm

My day continues with a radio interview for the BBC.  After that I am travelling to Luxembourg for a meeting of European Foreign Ministers (and Europe Ministers).  We'll be discussing issues like Burma, Zimbabwe and the Middle East Peace Process.  The Foreign Secretary or I will let you know how it goes.

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The Reform Treaty is a Constitution. The whole paragraph from the mandate, that you all so frequently selectively quote reads as follows: brbr"1. The IGC is asked to draw up a Treaty hereinafter called "Reform Treaty" amending the existing Treaties with a view to enhancing the efficiency and democratic legitimacy of the enlarged Union, as well as the coherence of its external action. The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution", is abandoned. The Reform Treaty will introduce into the existing Treaties, which remain in force, the innovations resulting from the 2004 IGC, as set out below in a detailed fashion." brbrThe EU paper setting out the conclusions of the 2004 IGC is titled ""Provisional consolidated version of the draft Treaty establishing a Constitution for Europe".brbrSo why insist on quoting only a part of the statement instead of the whole thing?brbrPlease answer these two questions brbr1. What is the treaty for?brbr2. How does it benefit Britain?br

Posted by lfb_uk on October 14, 2007 at 09:59 PM BST #

Mr Murphy,brbrYou claim that "the constitutional concept has been abandoned".brbrBut given this treaty sets up institutions like a full-time EU President, a Foreign Minister in all but name, defines how governing decisions will be made and will give the EU "legal personality" to make binding international agreements in its own right, what other name is there for it but a Constitutional document? brbrJust because you don't want to 'label' it that doesn't make it not so.brbrThe treaty is also expected to contain an instruction to national parliaments to “contribute actively to the good functioning of the union.” brbrMichael Connarty MP, the Labour chairman of the House of Commons European Scrutiny Committee, has described this attempt to instruct Parliament as “a takeover of the rights of this Parliament.” brbrCan you *get* more constitutional than that?brbrI'd say the Spanish PM Jose Zapatero was being more honest when he said: “A great part of the content of the European Constitution is captured in the new treaties … We have not let a single substantial point of the constitution treaty go .. It is, without a doubt, much more than a treaty. This is a project of foundational character, a treaty for a new Europe.” El Pais, 23 June 2007 & speech in parliament, 27 June 2007brbrPlease stop treating us like fools with your threadbare claims. It's the same document. So honour your manifesto promise of a referendum.br

Posted by Stuart Coster on October 16, 2007 at 11:08 AM BST #

The only way labour can recover from dealing with this treaty is if the "Red lines" are 100 secure. I saw you on BBC2 newsnight yesterday and the concerns raised by Michael Connarty must be taken seriously. This in "5 years time" issue is going to be used over and over again.brbrYou have really got to make it clear to the EU nations that you will have no choice but to call a referendum if the red lines are not met, they will have no choice but to comply if they want the treaty passed. brbrIgnore Conservative moaning about this treaty, but atleast listen to your own Chairman of the European Scrutiny committee or this issue willl not go away. Dont simply dismiss his claims.. reassure him! If he comes out and says things have been secured it will help the case for the treaty.

Posted by Simon on October 17, 2007 at 06:46 PM BST #

All the best! I can't think of a more difficult job that satisfying the hugely sceptic British public and Press. I'm for getting this done, and sorted, so we can *finally* move beyond this reform, whatever we choose to call it, to make the Intitutions work better.

Posted by William on October 18, 2007 at 01:15 PM BST #

If amalgamated with the old treaties, this new treaty has the same meaning as the 'disbanded' 'constitution'. So "the constitutional concept has been abandoned" doesn't actually mean anything. You are lying when you suggest it does. You have no mandate to give legislative powers from London to Brussels. brbrAnd the treaty isn't about making the institutions run better, it's about more power for Brussels a one way transfer of powers, as usual.brbrThe point is, the vast majority doesn't want power transfers to Brussels. We want our elected parliamentarians to make the laws, not appointed kommissars and a handful of mostly foreign government ministers.brbrYou are seriously deluding yourself if you think the federalists are going to respect your 'red lines' even for 1 second.

Posted by Marcel on October 18, 2007 at 10:44 PM BST #

Dear Lindsey Appleby, First Secretary, Brussels,brbrOf course in Brussels to be involved with last week’s ‘Reform Treaty’ signings, the FCO.GOV.UK was unable to deal with ESDPCFSP – my understanding was that it was in your blogger-fief to correct on an end more complex ESDI and the NATO:brsimplifying EU ‘deepening’ for a commoned CESDP would entail sticking to now its refined Petersberg Tasks. Such a polity would still be flexible because it then still concerns the EU’s sphere of security interests in an extended but sub-global security region. There EU peacekeeping remains validly autonomous for control of an effective regional role by co-ordinated civilian cum military expert practice. It then remains to NATO’s membership of within EU member nation-states to accept role-change via ‘human security’ provision on the global stage of United Nations.br

Posted by Stefan Peter. on October 24, 2007 at 01:13 PM BST #

Dear Jim Murphy, Minister for Europe.brYes, was surprised when you took Lindsay’s rapid reaction pass across to advance this blog’s sphere of strategic interests in ESDPCFSP. Also now it surprises me that none of our UK’s usually backing-up eurosceptic forwards were quick to tackle you under their ‘European Army’ label: surely somewhere in an evermore unchanged “EU Constitution” was the ERRF-protocol on European Rapid Reaction Force to be found. However I’ve now done a quick reconnaissance on the Acrobat pamphlet ‘Global Europe’. The pamphlet covers everything globally-enough. But, with respect to the ERRFs - inclusive of the dozen specialist “battle groups” to be ready in 2007 – it seems that “the EU” wanted a copy-organisation of NATO. For my part, it was indeed necessary to integrate the CFSP – as shown by retention of the EU member-states opt-out vetoes especially for EU “neutrals”. However here it seems advantageous where ERRFs can rather be considered flexibly: Thus at the lower subsidiarity level, decision-makings are probably better reserved to selected ready for emergency EU member-states. So, for optimal peace enforcements, total military action can be transferred to the EU member-states with proven capability.

Posted by Stefan Peter on October 29, 2007 at 04:16 PM GMT #

Dear Mr Murphy,brCongratuations on all your great work in Europe so far. brWhen do we have the referendum on the treaty you promised us in the labour election manifesto. I presume there will be an referendum because this is one of the reasons why I chose to vote for your party instead of the Conservatives.brbrKind RegardsbrWill

Posted by Edward on November 08, 2007 at 02:30 PM GMT #

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