2.16 The draft Reform Treaty: the UK Government’s approach

Jim Murphy, Minister for Europe, announced the release of the UK Government's White Paper, The British Approach to the European Union's Intergovernmental Conference, July 2007 on the Reform Treaty on 23 July 2007.^1,2 There can be no doubt that the British Government is supportive of the new Treaty.

The Minister stated: "...this will be an amending Treaty which will be good for Britain and good for Europe".

Jim Murphy also made the following claims:

"The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called ‘Constitution', is abandoned." Comment: the Reform Treaty is the Constitution in all but name and transfers major powers from the Member States to the EU's institutions (see Fact Sheet 2.15).
"The Government will not accept a Treaty which transfers power away from the UK on issues of fundamental importance to our sovereignty." Comment: once the Reform Treaty is enforced, there will quite simply be no more significant powers left solely with the Governments of the Member States and outside the orbit of the EU's formal institutions. Moreover, the Reform Treaty will be self-amending (currently amending treaties have to be preceded by an IGC), enshrining the right to revise the treaties to increase the competences conferred upon the EU.

In addition, he claimed that the Government's four ‘red lines', supposedly preserving national sovereignty, were ‘secured' in the IGC Mandate for drawing up the Reform Treaty.³

These red lines were:

Protection of the UK's existing labour and social legislation by ‘opting out' of aspects (Title IV on Solidarity) on of the Charter of Fundamental Rights. Comment: legal authorities question the practicality of this. For example, the European Court of Justice's Advocate-General Tizzano has questioned whether such an opt-out can work. And the Court of Justice's judgments will inevitably have legal legitimacy in the UK.
Protection of the UK's common law system and the police and judicial process by agreeing to a voluntary ‘opt-in' to the EU's control over "police and judicial cooperation in criminal matters". The UK has a similar ‘opt-in' with civil matters. Comment: this concession will be under permanent threat from the Court of Justice, which will be considerably strengthened under the Reform Treaty.
Protection of the UK's independent foreign and defence policy by objecting to the creation of an ‘EU Foreign Minister'. Comment: there is little doubt that the agreed ‘High Representative of the Union for Foreign Affairs and Security Policy' is the Foreign Minister in all but name and will have his/her proposed powers.
Protection of the UK's tax and social security policy. Comment: this was essentially a red herring as the Reform Treaty proposes no explicit direct changes in these areas.

The White Paper itself fundamentally justifies the British Government's support for the Reform Treaty.

References

1. Jim Murphy's speech to the House of Commons is available from the FCO website: http://www.fco.gov.uk/.
2. Foreign and Commonwealth Office, The British Approach to the European Union's Intergovernmental Conference, July 2007, Cm 7174, 23 July 2007. It can be accessed on http://www.fco.gov.uk/.
3. Council of the European Union, Brussels European Council (21/22 June 2007): Presidency Conclusions, Brussels, 23 June 2007, document 11177/07, Annex I: Draft IGC Mandate.

Ruth Lea, July 2007