EU treaty is 'substantially equivalent' to constitution

Govt under new pressure for EU referendum

Tuesday, 09, Oct 2007 12:00

The proposed EU treaty is "substantially equivalent" to the rejected constitution, an independent group of MPs has said.

The Commons European scrutiny committee concluded the treaty to be approved by European leaders later this month includes many of the same components as the constitution.

For countries that have not attempted to secure opt-outs, the EU treaty is "substantially equivalent" to the original document abandoned in 2005.

MPs warned ministers it would be misleading to claim the treaty does not share the same characteristics of the constitution.

A string of European leaders said the treaty was essentially the same but the UK government has maintained the constitutional elements have been abandoned, meaning it is not bound to hold a referendum.

It is the UK's so-called "red lines" – allowing it to opt out on policy relating to human rights, tax and benefits, foreign policy and justice – which ministers argue make the crucial distinction.

Gordon Brown admitted yesterday that if he is unable to secure the red lines in the final draft he will be forced to veto the treaty or put it to a national vote.

With the government's anti-referendum case seemingly hinging on the red lines, the committee questioned whether the opt-outs could work in practice.

It also objected to a requirement for all national parliaments to contribute to the "good functioning of the union"

The MPs concluded: "In our view, the imposition of such a legal duty on the parliament of this country is objectionable as a matter of principle and must be resisted."

The scrutiny committee further raised concerns over the "essentially secret" way the treaty had been drafted.

It said the document had been drawn up too hastily, with draft texts available to national leaders just 48 hours before the Intergovernmental Committee IFC in June.

The Conservatives, who are campaigning against the treaty, seized on the report, but raised concerns the government will try and bury it under today's Comprehensive Spending Review.

Shadow minister for Europe Mark Francoise said: "Gordon Brown told the BBC's Andrew Marr show at the weekend that if we were still dealing with the 'old proposal' he would offer a referendum.

"It is now crystal clear that the two documents are essentially the same and therefore Gordon Brown is morally bound to offer the people of the country the referendum he promised them."

Labour MP Kate Hoey, who is backing the I Want A Referendum campaign, agreed the report now demands Mr Brown holds a referendum.

She said: "This is a devastating, forensic report. Anyone who now tries to pretend that this is substantially different to the rejected EU constitution, or that the UK has signed a different treaty is going to get nowhere."