Richard North: useful idiot or Europhile wolf in Eurosceptic’s clothing?
Commentary by Robert Henderson on Dr Richard North's speech to the Campaign for an Independent Britain meeting 4th May 2013
Dr Richard North: The way forward
His contribution was very odd indeed for someone who is supposedly strongly Eurosceptic. His “way forward” is for the UK to remain entwined in coils of the EU for the foreseeable future. Of course, North does not describe his suggestions as leading to this, but that is the practical consequences of what he advocates.
North’s strategy for the UK’s departure from the EU is this:
“….invoke Article 50 of the Lisbon Treaty, leading to a negotiated exit based on UK membership of the EFTA/EEA as an interim settlement. To ensure short-term continuity, we would have all EU law repatriated, giving time for examination and selective repeal, and the enactment of replacement legislation as necessary – all over a period of some years.”
He wants the UK to sign up to the type of arrangements Norway and Switzerland have with the EU. This requires them to adopt a large proportion of EU regulations (not least because of the ever broadening bureaucratic demands of the EU obsession with competition and harmonisation ), pay large annual sums to the EU to subsidize the poorer members of the EU and, worst of all, subscribe to the four EU “freedoms”, the free movement of goods, services, capital and labour across not only the EU but also the larger European Economic Area (EEA).
That would be bad enough but his naivety over what Article 50 entails is startling. Here is the article in full:
1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.
A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.(http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-6-final-provisions/137-article-50.html).
It is strongly implied in in para 3 of the Article that unilateral withdrawal is possible :
“ The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2”.
However, the clause does not explicitly give the right of unilateral secession and could be interpreted as merely referring to how any agreement might be scheduled to take effect. The other EU members could adopt this interpretation to thwart the UK leaving without declaring UDI.
The Vienna Convention on the Law of Treaties cites two legitimate instances where a party wants to withdraw unilaterally from a treaty which does not make any provision for withdrawal : (1) where all parties recognise an informal right to do so or (2) the situation has changed so substantially that the obligations of a signatory are radically different from that which was originally agreed to. The informal right patently does not apply in the case of the EU. As for radical changes to the obligations of a signatory, that would be difficult to sustain. It is true that the organisation (the EU) the UK belongs to now is radically different from that which they originally joined in 1973 (the EEC), but the UK has signed new treaties to agree to the new circumstances as they have arisen. Hence, there would be no radically changed obligations which had not been taken on formally by the UK.
The only precedent of any sort for withdrawal is Greenland’s secession in 1985 from the European Economic Community (EEC). The was facilitated by the Greenland Treaty. However, it is not an obviously relevant precedent because Greenlanders retain Danish citizenship for Greenland has home rule not full independence from Denmark. They are consequently full EU citizens. Because Greenland is also one of the Overseas Countries and Territories of the EU it is also subject to some EU law and regulations, mainly those relating to the Single Market. .
Even if it is accepted by the other EU members that there is a unilateral right of secession, the fact that it could only take place legally after two years would give the remainder of the EU the opportunity to run the UK ragged before the UK left.
As for getting an agreement which would allow the UK to generally re-establish its sovereignty, especially over the control of its borders, this is most improbable. A Qualified Majority in the European Council is required and even if such a majority is obtained the European Parliament can block the secession. The potential for delay and blackmail by the EU of the UK is considerable. In any event it is likely is that the EU would drive a bargain which is greatly to the UK’s disadvantage because the Eurofederalists would be terrified of creating a precedent for any other EU member which might wish to radically change their relationship with the EU. That would make them demand conditions of the UK which were so unappealing it would deter other member states from following suit. There is also the danger that the Europhile UK political elite would take the opportunity to agree to disadvantageous terms for the UK simply to keep the UK attached to the EU in the manner that Norway and Switzerland are attached. The stay-in camp could use Article 50 to argue that whether the British people want to be in or out, the cost of leaving would be too heavy because of this treaty requirement.
The Gordian knot of Article 50 can be cut simply by passing an Act of Parliament repealing all the treaties that refer to the EU from the Treaty of Rome onwards. No major UK party could object to this because all three have, at one time or another, declared that Parliament remains supreme and can repudiate anything the EU does if it so chooses.
If the stay-in camp argue that would be illegal because of the treaty obligation, the OUT camp should simply emphasise (1) that international law is no law because there is never any means of enforcing it within its jurisdiction if a state rejects it and (2) that treaties which do not allow for contracting parties to simply withdraw are profoundly undemocratic because they bind future governments.
The OUT camp should press the major political parties to commit themselves to ignoring Article 50. If a party refuses that can be used against them because it will make them look suspicious.
How much of the vote does UKIP command?
North also addressed the question of UKIP’s share of the vote in the recent council elections. This he represented as trivial because although they took 25% of the vote the turnout was very low (around 30% overall). He ignores one important fact about turnout: if the turnout is shrinking then the potency of those who vote rises. UKIP voters and those willing to vote to come out of the EU at a referendum may be much more inclined to vote than those who want the status quo or at least are not motivated to vote for the UK’s independence.
Based on objective facts North is far too pessimistic about obtaining a vote to leave. There are two great differences between now and the 1975 referendum. In 1975 the British public had only two years’ experience of the EEC which was a vastly less intrusive body than the EU is now. If a referendum is held in the next few years the electorate will have 40 odd years of ever greater interference by Brussels with British politics and in the lives of Britons. To this can be added the growing number of prominent voices, both political and from the media and business , which are calling for either an outright campaign to leave the EU or at least a reshaping of the EU in such a radical fashion that it has no chance of success. Both factors will lend vastly greater potency to the OUT camp campaign now than was the case in 1975.
North’s tactics before a referendum
Much of this was driven by fear, fear that a the British electorate would not vote to come out. The consequence is that North proposes a complex, expensive and above all time consuming schedule of preparatory work before any referendum is held. There are also conflicts between his desired ends and proposed means.
North addressed the subject under five separate heads. I comment separately on each.
Reassurance for business
North argues that because the EU is first and foremost a political construct, business has no right to have a say in whether the UK is in or out of the EU. I have sympathy with that view, but North immediately capsized this position by stating:
“…business has a right to expect a predictable and stable regulatory and trading environment, the status of which is affected by our membership. Therefore, we need to be able to assure the business community that, should we leave the EU, there would be no adverse effects.
“In effect, that would mean "protecting" membership of the Single Market – which could be achieved through EEA membership. And, as long as that membership is assured, business has no locus in the broader debate.”
By taking this position on the Single Market North is effectively granting business a very large say in how we are governed, because continued membership of the Single Market will require at the least subscription to the four “freedoms” and the acceptance of EU laws relating to the Single Market. That will greatly impinge upon the UK’s sovereignty.
An alternative to the EU
North believes that we should not merely take back power from Brussels but also stop the power regained being grabbed by Westminster. He starts from the claim that the UK has never been a democracy. That is true in the sense that there has never been direct democracy – that is no more than a commonplace – but for a century before the UK was signed up to the EEC in 1973 there was a good deal of democratic control because the UK’s politics were national. British politicians then could not routinely hide behind supranational agreements such as those governing the EU to avoid responsibility for unpopular policies or be forced to adopt policies which were in the interest of foreign powers and to the UK’s disadvantage simply because of Treaty arrangements. If the UK leaves the EU utterly and our relationship with the EU becomes the same as we have with any other foreign power British politics will again become national not supranational. That is the most certain way of re-democratising the UK.
What does North want? He is much taken with the Harrogate Agenda (HA) (http://harrogateagenda.com/). This has six demands which are similar in tone to those of the 19th century Chartists and the 17th century Levellers before them. Here are a couple of the demands to give a flavour of the HA:
2. local democracy: the foundation of our democracy shall be the counties (or other local units as may be defined), which shall become constitutional bodies exercising under the control of their peoples all powers of legislation, taxation and administration not specifically granted by the people to the national government;
4. all legislation subject to consent: no legislation or treaty shall take effect without the direct consent of the majority of the people, by positive vote if so demanded, and that no legislation or treaty shall continue to have effect when that consent is withdrawn by the majority of the people;
Whether or not these are practical (which I very much doubt if put forward in this extreme form) , there is irony in the fact that North espouses such ideas because his proposals for a new relationship between the UK and the EU would utterly undermine the thrust of the HA demands for a UK entangled in an EFTA or similar arrangement would still be subject to decisions being made by foreigners with, doubtless, the willing complicity of Westminster politicians. The Europhile British political class is not going to vanish overnight so the only realistic way of making them behave reasonably is to force them to operate within a national context.
A network for dissemination
Here are North’s proposals:
“ Spreading the message is an essential part of any campaign, but reliance on the media is not going to be sufficient. Formal and informal networks will have to be built, some not dissimilar to direct marketing networks. Activities should include formal training and education, as well as more general propagandising.
Many revolutionary organisations have acquired their own newspapers, or news magazines, as a means of better spreading the message.”
Even if all this was possible, which is very doubtful because it would need serious money as well as willing hands, it would take far too long to establish as an effective propaganda tool. A referendum if it comes will not be that far in the future. What is needed is a simple readily understandable message such as “Are we to be masters in our own house” repeated as often as possible through the national and local media. With more and more politicians, mediafolk, businessmen and various celebrities making Anti-EU noises this is not a forlorn hope.
Agitation
North proposes a campaign of civil disobedience, including the late payment for “Council Tax, water bills, BBC license fees and other such fees” and visiting every “agency, every employment office, etc. and remove all information (leaflets, brochures) not in English”. He goes on to say that there are “A very wide range of activities is in fact possible, many entirely risk-free and totally within the law”.
I doubt whether in these politically correct and increasingly authoritarian times that there would be many which are “entirely risk-free and totally within the law”. Late payment of the BBC license could get you a criminal record; removing information leaflets not in English would probably get you investigated for racial harassment because there would not be much point in removing them without running a campaign saying what you were doing and why; failing to pay many official bills on time could result in late payment surcharges. If civil disobedience is urged it is important that the possible consequences are spelt out to prospective candidates for such action.
Nonetheless that is not my main concern with civil disobedience committed in this random fashion. Civil disobedience is only effective if it is (1) focused, (2) publicity worthy (3) does not greatly inconvenience or disgust the general public and (4) does not make the protestors look ridiculous. A good example of a serious single issue campaign blighted by clownish antics is that of Fathers for Justice. Leaving people to engage in acts of civil disobedience (particularly on a local scale) as they choose will not meet those criteria. If it is to be used, civil disobedience must be a national act. The Poll Tax disobedience is the best example in modern British history of such action. A readily understandable single issue: we won’t pay the tax. It was perfect because it blocked up the magistrates courts and brought the everyday system of justice to its knees.
Sovereignty and opposition to immigration are the two strongest cards the OUT camp has to play. If it is used , civil disobedience should be designed to focus public interest on those two issues.
A coalition of allies
North tried to make a distinction between umbrella groups (bad) and coalitions (good). In practice the two are indistinguishable. What determines the unity of purpose of any coalescing groups is not what they are called but the nature of the groups and their leaders.
North’s response to being challenged
During questions from the audience I said that North’s proposals were an excellent recipe for remaining within the EU for the reasons I have already given. North became very animated and spoke at considerable length to refute what I was saying. People only behave in such a manner during debate if they feel their position is under real threat.
The kindest interpretation of North’s position is that he is acting as a useful idiot for the Eurofederalist cause in the mistaken belief that things can be resolved to the UK’s advantage by talking, by being “reasonable”; the unkindest interpretation is that he is a Eurofederalist wolf in Eurosceptic clothing attempting to undermine the campaign to remove the UK from the grip of the EU.
North has condensed the views espoused in his speech into written form on the CIB website - see
http://www.freebritain.org.uk/_blog/Free_Britain/post/an-eu-free-future-for-all-by-dr-richard-north/
And
http://www.freebritain.org.uk/_blog/Free_Britain/post/turnout-by-dr-richard-north/ ).
Telegraph
Spain is officially insolvent: get your money out while you still can
I'd not noticed this until someone drew my attention to it, but the latest IMF Fiscal Monitor, published last month, comes about as close to declaring Spain insolvent as you are ever likely to see in official analysis of this sort. Of course, it doesn't actually say this outright. The IMF is far too diplomatic for such language. But that's the plain meaning of its latest forecasts, which at last have an air of realism about them, rather than being the usual dose of wishful thinking.
Let's take the projected budget deficit first. This is expected to decline quite steeply this year to 6.6 per cent of GDP, but that's mainly because the cost of bailing out the banking sector fell substantially on last year's budget. On a like-for-like basis, there has in fact been very little fall in the underlying deficit. And nor on the present policy mix is there ever likely to be, for that's where the deficit is projected to remain until the end of the IMF's forecasting horizon in 2018.
Next year, the deficit is expected to be 6.9 per cent, the year after 6.6 per cent, and so on with very little further progress thereafter. Remember, all these projections are made on the basis of everything we know about policy so far, so they take account of the latest package of austerity measures announced by the Spanish Government.
The situation looks even worse on a cyclically adjusted basis. What is sometimes called the "structural deficit", or the bit of government borrowing that doesn't go away even after the economy returns to growth (if indeed it ever does), actually deteriorates from an expected 4.2 per cent of GDP this year to 5.7 per cent in 2018. By 2018, Spain has far and away the worst structural deficit of any advanced economy, including other such well known fiscal basket cases as the UK and the US.
So what happens when you carry on borrowing at that sort of rate, year in, year out? Your overall indebtedness rockets, of course, and that's what's going to happen to Spain, where general government gross debt is forecast to rise from 84.1 per cent of GDP last year to 110.6 per cent in 2018. No other advanced economy has such a dramatically worsening outlook. And the tragedy of it all is that Spain is actually making relatively good progress in addressing the "primary balance", that's the deficit before debt servicing costs.
What's projected to occur is essentially what happens in all bankruptcies. Eventually you have to borrow more just to pay the interest on your existing debt. The fiscal compact requires eurozone countries to reduce their deficits to 3 per cent by the end of this year, though Spain among others was recently granted an extension. But on these numbers, there is no chance ever of achieving this target without further austerity measures, which even if they were attempted would very likely be self defeating. IN any case, it seems doubtful an economy where unemployment is already above 25 per cent could take any more.
In the past, the IMF has been guilty of being far too optimistic about Spain, both on the outlook for growth and the public finances, so it's possible it is now committing the reverse mistake of undue pessimism. Yet somehow I doubt it. Spain is chasing its tail down into deflationary oblivion.
All this leads to the conclusion that a big Spanish debt restructuring is inevitable. Spanish sovereign bond yields have fallen sharply since announcement of the European Central Bank's "outright monetary transactions" programme. The ECB has promised to print money without limit to counter the speculators. But in the end, no amount of liquidity can cover up for an underlying problem with solvency.
Europe said that Greece was the first and last such restructuring, but then there was Cyprus. Spain is holding off further recapitalisation of its banks in anticipation of the arrival of Europe's banking union, which it hopes will do the job instead. But if the Cypriot precedent is anything to go by, a heavy price will be demanded by way of recompense. Bank creditors will be widely bailed in. Confiscation of deposits looks all too possible.
I don't advise getting your money out lightly. Indeed, such advise is generally thought grossly irresponsible, for it risks inducing a self reinforcing panic. Yet looking at the IMF projections, it's the only rational thing to do.
PS. I don't include creditors of the British arm of Santander in this warning, who are ring fenced from the mothership back bome in Spain, theoretically at least.
Richard North: useful idiot or Europhile wolf in Eurosceptic’s clothing?
http://www.freebritain.org.uk/_blog/Free_Britain/post/turnout-by-dr-richard-north/ ).
Telegraph
Spain is officially insolvent: get your money out while you still can
Telegraph
Ed Miliband says an EU referendum is 'wrong'
Britain must stay in the European Union, Ed Miliband says today.
The Labour leader says Tory plans for a referendum on membership of the EU are wrong and threaten to undermine business confidence in Britain as a partner in trade.
His comments come as it emerged that Labour MPs will be ordered to oppose a Commons motion criticising the lack of a referendum Bill in the Queen’s Speech.
In his first direct response to the renewed debate on a referendum in the wake of Ukip’s success in last week’s elections, Mr Miliband will say that Labour will “always stand up for the national interest”.
“Our national interest lies in staying in the European Union and working for the changes that will make it work better for Britain,” he will tell the annual conference of Progress, a New Labour pressure group.
“It is wrong now to commit to an in/out referendum and have four years of uncertainty and a ‘closed for business’ sign above our country.”
However, Ukip is a party of protest, he will say, while Labour must be a party “of solutions”.
Labour MPs will be told next week to vote against a motion criticising the Queen’s Speech for failing to mention a Bill allowing a referendum on Britain’s membership of the EU.
More than 100 Conservative MPs including ministers are said to be ready to back the motion. The Prime Minister is said to be “relaxed” about the move and has even indicated that he would consider supporting it, and voting against his own legislative programme as outlined in the Queen’s Speech.
Mr Miliband claims such a move was unprecedented and shows Mr Cameron to be “weak and panicked”.
“I know David Cameron is a man who likes to be known for relaxing - even chillaxing – but, on this occasion, it beggars belief.
“He’s not lying on the sofa, relaxed. He’s hiding behind the sofa, too scared to confront his own MPs.”
In his speech, the Labour leader will say that the policies Labour pursued on immigration while in government were not always right.
A “diverse, multi-ethnic Britain” is “one of things that makes our country great”, he will say.
“But we have to make sure our diversity works for everyone, not just for a few at the top, and that requires government to play its role: in managing the pace of change, preventing exploitation at the workplace and ensuring we integrate as a country.”
Telegraph
Ed Miliband says an EU referendum is 'wrong'
Britain must stay in the European Union, Ed Miliband says today.
Telegraph
Britain’s exit from the EU is inevitable – David Cameron is swimming against the tide of history
The European Project is an anti-democratic anachronism that does not belong in the 21st Century. As Lady Thatcher aptly put it “that such an unnecessary and irrational project as building a European superstate was ever embarked upon will seem in future years to be perhaps the greatest folly of the modern era.” Once Britain leaves the EU, other countries will undoubtedly follow, which is a key reason why the likes of Jose Manuel Barroso will fight tooth and nail to try to lock Britain in. The drive for self-determination, economic freedom and individual liberty are three of the strongest forces of modern times. The European Project is a barrier to all of them, which is why it is doomed to failure.
Telegraph
Bill Cash MP: 'We simply cannot wait' for an EU referendum after 2015
The Prime Minister is not powerless as some have alleged – he is the Prime Minster. If he wants to change his European policy, he can do it.
Telegraph
Sir John Major: the relationship with Europe has poisoned British politics
Former Prime Minister Sir John Major says that the debate over the EU has “come close to destroying the Conservative Party”.
3:46PM GMT 14 Feb 2013
Telegraph
EU expansion pushes concern over immigration to highest level since Coalition took power
Concern over immigration has hit the highest level since the Coalition took power, according to new figures.
Telegraph
Why politicians admit to being Eurosceptic only after leaving office
If we were cowed into voting for continued EU membership, the British Establishment would claim that the issue was settled for all time. Over the following few years, defeatism would run its full course and the political class would deliver Britain into the euro. So the referendum, were it to occur, would not be simply about withdrawing from the EU or going on as we are. It would really be about pulling out, or in due course entering political union.
"To put it mildly, you could not imagine Margaret Thatcher approaching the issue in such an insincere and political way. If senior Conservatives were proved right about the British electorate, and we were cowed into voting for continued EU membership, the British Establishment would claim that the issue was settled for all time. Over the following few years, defeatism would run its full course and the political class would deliver Britain into the euro. So the referendum, were it to occur, would not be simply about withdrawing from the EU or going on as we are. It would really be about pulling out, or in due course entering political union. That is why I would vote “no”." - The Times (£
http://blogs.channel4.com/michael-crick-on-politics/healey-case-for-leaving-europe-stronger-than-staying/2494
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