Briefing on the Referendum on European Constitution

Written by LDEG on Sat 1st May 2004

On 20 April Tony Blair announced that there will be a referendum in Britain on the European Constitution. This short briefing from the Lib Dem European Group answers some of the key questions, with links to more information and an order form for a copy of the Constitution at the bottom.

When will the referendum be?

We don't yet know definitely, but most commentators think it is likely to be after the next General Election, perhaps in Autumn 2005. European Prime Ministers are expected to agree the final Constitution at a summit in mid-June this year - but it is not a foregone conclusion that they will agree: it's possible they won't.

What will we actually be voting on?

The vote will be on the final Constitution agreed by the heads of Government of the 25 European Union member states. This is likely to be closely based on the text of the Constitution drafted by the European Convention which concluded in July 2003. There may be a few changes but the general pattern will be that of the Convention's draft, which is widely available (see below). The vote will be on whether to approve replacing the current EU Treaties (effectively the current constitution of the EU) with the new Constitution. Formally, in order for it to come into force all 25 EU member states will have to approve it. In practice, if all member states except 1 or 2 approve it, it is likely that the others will broadly go ahead without them; but if several member states do not approve it, it will be back to the drawing-board again. Although the vote in Britain is therefore not strictly a vote on whether we remain a member of the EU, if the UK is the only country to vote 'no', it could mean pretty much the same thing.

How will the campaign be organised?

We don't yet know. As the only clearly pro-European party the Liberal Democrats will obviously be campaigning hard for a 'Yes' vote in the referendum. There will probably an umbrella 'Yes' campaign for pro-Europeans from all parties to campaign together, but it is not yet clear how it will work. In the past the Labour government has tended to make these very Labour-dominated, and we will be hoping that this time it will be a genuine cross-party campaign.

How can I help the campaign?

You can take every opportunity to express your support for the Constitution and how it will improve the European Union. A number of easy ways to integrate campaigning on European issues with other campaigning are outlined in LDEG's recent booklet 'Campaigning on Europe', available for £2.40 incl P&P from pyrabelisk@btinternet.com, Margaret Leach, Ffrydd House, Bridge St, Knighton LD7 1BT

Why are the Liberal Democrats supporting the Constitution?

Liberal Democrats have argued in the last few elections that the European Union should have a Constitution, setting out clearly what the EU should do, and what it should not do. Lib Dems have consistently supported Britain playing an active role in the EU, while agreeing that the EU we have is not perfect and should be reformed to make it more democratic. This document does that. It gives more power in the European Union to the democratically-elected Members of the European Parliament, and it makes the EU more open and with streamlined decision-making processes.

Won't the European Constitution lead to the creation of a federal superstate, and the end of British sovereignty?

Every time there is a new European treaty, anti-Europeans and the press claim that it will mean the creation of a 'federal superstate', and the end of a thousand years of British history - and every time one is agreed, life goes on much as before! They are saying exactly the same this time. In fact unlike previous Treaties like the Maastricht Treaty or the Single European Act agreed by Margaret Thatcher in1986, the Constitution does not involve a major new area of competence for the EU, or create something new in the way that the Maastricht Treaty created the Euro. The phrase 'federal superstate' is a great one for scaring people, but no politician in Europe is advocating it. The word 'federal' simply means that different levels of Government have different competences - the situation we already have in the EU (the UK Liberal Democrat is also organised on a federal basis). The word 'superstate' is simply meaningless - used by anti-Europeans to imply some sort of totalitarian police-state, whereas the EU is clearly nothing of the kind.

5 things that are NOT in the draft Constitution

1. Any change to the status of the Queen as Head of State.

2. Any change to the UK's ability to make its own decisions about foreign policy, going to war, or sending troops into battle. When we joined NATO in 1948 we gave up some of our sovereignty on these issues to NATO; it is not proposed that the EU have any similar powers. (The key clauses in the draft Constitution on foreign and security policy are exactly the same as were in the Maastricht Treaty).

3. Any significant new powers for the European Union in relation to taxation and economic or fiscal policy.

4. Any great advance of the EU into the area of social policy

5. Any change to the current system that every single EU law has to be approved by Ministers from the national governments of the 25 member states - and in most cases by democratically-elected Members of the European Parliament too.

5 things that ARE in the draft Constitution

1. Simpler, more flexible and more open working arrangements to help a Union of 25 member states function as effectively as possible, and in a way that is more transparent and accountable to the public

2. Procedures for EU member states to act together to tackle jointly and therefore more effectively the challenge of asylum seekers and migration, which faces all European countries in common.

3. A procedure for European countries to co-operate on foreign affairs matters when (and only when) each member state agrees and wishes to act together. This could be particularly helpful if it is not possible to use NATO because European countries disagree with the USA.

4. Encouragement for national Parliaments like the House of Commons to use its role scrutinising the EU more vigorously. Of course ultimately how much attention it gives to EU affairs is a matter for the House of Commons itself - but all EU laws are agreed by national Ministers in the EU's Council, and the House of Commons should hold them to account.

5. For the first time, a process for EU member states to leave the EU if they wish to.

Surprising fact you won't see mentioned in the anti-European press

When the House of Lords Select Committee on EU affairs examined the draft Constitution in detail last year, it concluded that "it is clear that the balance of power is going to shift from the European Commission to the Member States". http://www.publications.parliament.uk/pa/ld200203/ldselect/ldeucom/169/16901.htm.

Where can I find out more?

Download the full draft Constitution (very large PDF file): http://european-convention.eu.int/docs/Treaty/cv00850.en03.pdf. It is also normally possible to order a hard copy online for free from http://european-convention.eu.int/DraftTreaty.asp?lang=EN, but at the time of writing the official publisher appears to have run out!

Download a short booklet about the Constitution: http://europa.eu.int/futurum/documents/guide_040301_en.pdf.

Download order form from for a copy of the Constitution, from the UK office of the European Parliament: http://www.europarl.org.uk/publications/PUBordermain.htm.

Read Charles Kennedy's statement welcoming the announcement of the referendum: http://www.libdems.org.uk/index.cfm/page.homepage/section.home/article.6559.

The Prime Minister's statement announcing the referendum is at http://www.number-10.gov.uk/output/Page5669.asp.

An analysis of the impact of the Constitution on UK sovereignty by the Federal Trust is here: http://www.fedtrust.co.uk/admin/uploads/PolicyBrief1.pdf.

Party pre-manifesto for European elections: http://www.libdems.org.uk/index.cfm/page.folders/section.policy/folder.manifestos.

Party full policy paper on the Future of Europe: http://www.libdems.org.uk/index.cfm/page.folders/section.policy/folder.policy_papers.

The case for the Constitution is set out well in an essay by Ken Clarke at http://www.toryeuropenetwork.org.uk/downloads/Ken%20Clarke%20Ten%20Essay.pdf.

The campaigning organisation Federal Union has a very good briefing on what the Constitution would mean at http://www.federalunion.org.uk/europe/constitutioncampaign.shtml.