In, Out or Shake It All About

In, out or shake it all about was written before the referendum on Brexit

I did not think I would return so quickly to the UK’s in out referendum as a blog topic but here I am. Once again I am heartily sick of this misinformation that is allowed to run across our media outlets without proper questioning.

This week much has been made of the legal status of the agreement with the Council of Europe and whether it is binding. Bottom line on this, in my view, is that the agreement is binding in intent but only becomes formalised after treaty change. As I explained in my previous post, this will require referendums in several other countries. If rejected by the constitutional process in those countries then what?

There continues to be a lack of clarity on many areas of our relationship with the EU regardless of the agreement negotiated. The in/out decision is really about this for most out campaigners. Regardless of the renegotiation details which appear almost to be a side show. I’ll focus on three elements Finance, Security, Rights and Trade.

Finance

The UK’s is the 4th largest contributor but the 2nd largest net contributor behind Germany. This net contribution is effectively a membership fee and that contribution is used by the EU organisations to subsidise and support other EU nations of which Poland, in 2013, was the largest recipient. In other words it is overseas aid for the EU. This fee in 2015 was £9 billion based on £18b contribution, £5b rebate (Mrs T) and £4b in farming via Common Agricultural. As a comparison the UK currently pays £43b per year in interest on its National debt of £1.6 Trillion.

The UK is the 5th or 6th largest economy in the world depending on which source you site. G7 membership, G20 membership IMF etc are not dependent on EU membership.

Security

The In campaigners claim we are safer inside the EU. The Out disagree. So facts:

Under Article 51 of the UN charter all nation states have the right to self defence. The UK is a permanent member of the UN Security Council – one of five. Under Article 51 NATO operates its collective defence policy of an attack against one is an attack against all. NATO is the same size as the EU in terms of members, but they do not align. Several EU countries are Neutral (Austria, Finland and Sweden. You can add Ireland based on non-belligerency) therefore they cannot help with that type of security. Of course the USA and Canada are not in the EU but help with security. In/Out this does not change.

Security has other forms. The UK is one of the so-called 5-eyes which share intelligence information this is (CIA, MI5, MI6 , NSA, GCHQ etc with Australia, New Zealand ,Canada and the USA). No other member of the EU is; therefore, there is intelligence information that the UK does not share with those countries. There are separate agreements with some countries (France, Germany, Netherlands etc) and NATO shares some. So much for the contribution to the EU security.

Europol is put forward as a good example of EU security. Norway is mentioned as European, non-EU member that shares information. What is Europol? It has 800 members of staff of which 145 are liaison officers from member police forces. Under 5-eyes MI5 which along with the Met Police has Counter-Terrorism responsibilities, can’t share info with Europol. In fact much activity in 5-eyes is spent spying on our EU partners. Mrs Merkel’s phone for example. Do we really believe that Europol cooperation would stop if the UK left, or would a Norway arrangement be made. Then there is Interpol which is in 190 countries with many of the same aims as Europol. We would still be a member of that.

Rights

We are protected by the UN, Universal Declaration of Human Rights and the European Convention on Human Rights. Both predate and are separate from the EU. The European Court of Human Rights is not an EU institution, nor is the War Crimes unit, nor the International Court. The EU does have the CJEU or the European Court of Justice which arbitrates on EU law i.e. the rights and wrongs under the treaty. This was the argument on legality disputed by the two sides this week. In effect they are both right. The CJEU could over turn but it has never done so. So, it will not, or might not, but could.

Some rights I believe the EU has done a much better job on then the UK authorities. Data protection is one are where the UK’s Information Commissioner has been an abject failure primarily due to the powers granted to the ICO. The EU has been much stronger striking down the pathetic Safe Harbor agreement with the USA as offering no protection. Whether the UK alone would stand up to the USA in these matters is doubtful, given 5-eyes its unlikely. This might mean that in event of an exit the EU may not be able to exchange data with the UK. That will be a major impediment to trade so would need to be addressed. In this case EU protection offers more than just UK.

Trade

Following the letter from several major companies promoting stay in the airwaves and print were full of disagreements on what exit might mean. I return to World Trade Organisation, G7, G20 and other agreements. Based on import export the EU needs us in a free trade area more than we need them especially as the EFTA agreements have not fully supported the trade in services. BMW and Audi will not want to lose access to the market. Any hint of trade tariffs or protectionism would just escalate on both sides. The actions of the Eurozone will make this more and more difficult for those members

In or Out

I still don’t know but I want to see much stronger reasons for staying in then I have seen so far. The new agreement does not change that as I cannot see anything fundamental changing. Removing ever closer union from a treaty (if approved) means nothing when the Eurozone is doing just that and has to do that to make the Euro work.

Blog-less Blog

That is the current status of this blog. I am supposed to write regularly and hopefully providing articles and comments of interest. All instead of just spouting updates on the progress, or lack of it, on my books.

The idea is to write other stuff which will attract interest form a broad readership. In turn this will lead to readers investigating this site and then hopefully clicking on a book description and consequently purchasing one of my offerings. Notice no links or embedded spam – is this a new approach? No, it just seems to have no impact so I’m trying a bit of reverse psychology. The statistics from this site tell me about click through traffic and pages read. Since my last post advertising my latest release and associated discount on the first part of the series, I have started several blogs but time and my own interest stopped a post going out.

I was going to comment on the Google tax deal and Apples quarterly sales in a hopefully witty way. Googles amount of tax paid to HMRC and the city’s reaction to Apple’s disappointing revenue and profits. If only more of the UK’s home industries had such disappointing results. Then there was the humour in watching the UK’s Labour Party trying to explain how we would still have a nuclear deterrent if we let our submarines sale without nuclear weapons. For real entertainment, we can all enjoy the US Presidential Election Candidate Selection Process. This seems to consist of a group of people from all parties who demonstrate their unsuitability at every occasion. Only another 9 months till the election. This is on the UK news almost as much as the other big story, namely the UK’s referendum.

As of this morning, 20th Feb, the UK apparently has a new deal agreed by the other member states. Does this indicate the sunset of the UK’s EU Membership or a positive renewal of our commitment. This is being described as meeting Cameron’s (the UK’s current Prime Minister) objectives and thus allowing him to campaign for a yes vote in what will probably now be a June referendum. I stated current as if he loses the referendum he may have to resign.

The yes vote is to stay in the European Union based on the changes agreed.  At the moment the polls (Remember them in the last UK election) seem to provide a very mixed response. The Daily Telegraph had 51.5% in against 48.5% out. YouGov with The Times this morning has 45% leave against 36% stay. As with the 2015 election – more guess work.

EU 28

One annoying point that the scaremongers report, is how the UK would be suddenly isolated outside the EU. The UK would still be one of the five permanent members of the UN Security Council. It would still be in NATO, World Health Organisation the IMF etc. It would still have too numerous to mention direct treaties with nation states including other EU members e.g. The Lancaster House Treaties between UK and France signed in 2010. It would still be a part of other pan-European organisations and legal processes. It would still be the 6th largest economy in the World. The sun will still rise in the East and set in the West. It will still rain – often.

For those scaremongering the other way, the same applies. The Common Market has changed out of all recognition. Some of this is good, some of this is done badly. The horrible farce that is the current migrant crisis and the never ending Euro crisis ( no it has not gone away, Greece was requesting more concessions as a condition fro backing the UK’s negotiation only this week) are caused by EU treaty and process failure. The EU like any organisation can be reformed from inside i.e. stay in and fix it. Some of the reforms the UK has asked for other member states want as well, they would not have agreed otherwise.

I must be honest – I am on the fence. The previous European referendum was on staying in what was then called the European Economic Community (EEC). The UK had actually joined The Common Market without a referendum and has not held a referendum since despite the vastly different environment that the EU now represents. I was too young to vote then. England, Wales and Northern Ireland were not asked about Scotland staying in the UK in 2014. The only referendum I have voted in was one on Alternate Voting, in 2011, where only 42% of people could be bothered to vote at all. The Alternate Voting and the EEC remain the only UK wide referendums ever held in the UK. Yes the mother of Parliaments, the cradle of modern democracy, has only bothered to consult the voters twice. The first of these was after the fact.

If it takes place in June, the planned referendum will be held before any legal treaty changes are made and before the European Parliament votes to accept the changes. It remains unclear what happens if the European Parliament rejects the changes agreed by the European Council (Heads of Government) or the Treaty Changes are not made. Many of partners in the European Union (Ireland, Netherlands etc) require their own referendums to approve treaties. Previous changes have not had a smooth ride through this process. The European Constitution vote or Lisbon Treaty is a good example. The first referendum on the Treaty of Lisbon held in 2008 was rejected by the Irish voters. A second referendum followed in 2009 where it was accepted. The UK was going to have a referendum but this was postponed after France and Holland rejected it. The Treaty was then changed. Others voted but the then UK Government signed it albeit after various concessions were created.

The Lisbon Treaty also states the explicit legal right to leave the EU and a procedure to do so. If the UK votes no in June, we will all get to see whether this procedure works, but don’t be surprised if there is not another round of negotiations and another referendum.

By the time the US elects it’s next President or even has the agreed party candidates the UK could be in the middle of a very major change. I might even get around to writing another book!