If you don’t remember what a wartime and postwar
Spiv is, the dictionary says it is a petty crook living dishonestly by
his wits with a little bit of blackmail thrown in. Typically he opened
his coat to show sought-after articles like nylon stockings for sale
without ration coupons or watches of dubious origin.
Do we have Spivs running Whitehall and Brussels? You judge. One of the weakest parts of HMG’s position on Europe — if not the weakest — is Euratom. It retains a semblance of democracy which the EU has abandoned.
The much vaunted Article 50 deals only with exiting the Lisbon Treaty.
It is a pretty poor treaty and many would say: “Good Riddance to it!”
Legally it smells like rotten fish. The Lisbon Treaty is practically
identical with the dead Constitutional Treaty
that was rejected in their Referendums by the French and Dutch .
It would have been rejected by the British and a whole string of other democracies — if they had had the chance to vote. They didn’t. Instead the articles were forced undemocraticly through Parliaments against the wishes of their populations. Now that UK referendum that was refused so many times for Maastricht, Amsterdam, Nice, the Constitutional and the Lisbon treaties is coming back to haunt both HMG and Brussels.
It would have been rejected by the British and a whole string of other democracies — if they had had the chance to vote. They didn’t. Instead the articles were forced undemocraticly through Parliaments against the wishes of their populations. Now that UK referendum that was refused so many times for Maastricht, Amsterdam, Nice, the Constitutional and the Lisbon treaties is coming back to haunt both HMG and Brussels.
The Lisbon Treaty has nothing to do with Euratom,
the European Atomic Energy Community. It was agreed as a Treaty of Rome
in 1957. It was supported by referendums and free votes in parliaments
when all of the present Member States joined.
Lisbon only is rejected. On 23 June 2016 37 percent of the electorate voted to Leave the European Union. (63 percent refused to vote or voted Remain.) Prime Minister Theresa May wanted to leave immediately but it was as difficult to herd the Brexiteers in her government into a single policy direction on how to leave and what to negotiate. She wished to use royal prerogative powers, just like Henry VIII. "I decide, no debate or vote in Parliament!"
That failed when Gina Miller brought the matter to Court.
Lisbon only is rejected. On 23 June 2016 37 percent of the electorate voted to Leave the European Union. (63 percent refused to vote or voted Remain.) Prime Minister Theresa May wanted to leave immediately but it was as difficult to herd the Brexiteers in her government into a single policy direction on how to leave and what to negotiate. She wished to use royal prerogative powers, just like Henry VIII. "I decide, no debate or vote in Parliament!"
That failed when Gina Miller brought the matter to Court.
PM May has now been forced by the UK Supreme Court to introduce an Act of Parliament before the Government can issue the Article 50 letter that says the country would like to leave the EU. Presently, in the European Union (withdrawal) Bill before Parliament, the UK Government is trying some very dubious skulduggery. It is attempting to withdraw from both the European Union and Euratom.
The 23 June 2016 Referendum was on Remaining or Leaving the European Union.
The EU is a product of the Lisbon Treaty. The EU is quite separate from the Community.
As far as Brussels and lawyers at the European
Court of Justice would look at it, there are two separate treaties with
two separate clauses on exit.
The Lisbon Treaty has Article 50. Euratom
has something quite different. It has a NON EXIT clause Article 208.
Why? because it is about the democratic control of nuclear material and
nuclear security. Its aim was to stop an atomic war in Europe. It says:
“The treaty is concluded for an unlimited period.”
The Government has tried to confuse this (but only in British eyes) in the UK’s EU (Amendment) Act of 2008.
In it they say that when “they” say “EU” they mean “EU and Euratom” if
there is a context that “permits and requires this”. Who judges the
context– especially if none exists? Who judges the legality of a
surreptitious sale of nylon stockings without a ration coupon? A Spiv or
a Humpty Dumpty! The Act has a spiv-like features! Back in 2008, the
Act was also the means to refuse the British people a referendum !
Here we can say there is no context given in
publications or official Statement that allows HMG to say it is
permitted or required to include Euratom with its No-Exit Article.
Are ministers living in Wonderland? This
misdemeanor is more serious than Alice in Wonderland where words mean
whatever you want them to!
“When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean — neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” Through the Looking Glass, chapter 6.
This tactic of HMG is fraudulent. The Humpty-Dumpties might want to add exit NATO, the Council of Europe or the UN !!
It is like saying when I bought your second hand car for two hundred pounds, I own your house too because when I say car, I mean ‘car and house’ !!
Besides this the real owner — the depository of
the treaties — has no document saying that the 27 other Member States
agree with this fraudulent, spiv-like practice! Hence the European Court of Justice could not
agree with this.
The fairest and simplest amendment to any EU
(Withdrawal) Bill would be to omit all mention of Euratom. No one
campaigned for exiting Euratom!
In the Brexit campaign I know of no Government
Statement or any publication where HMG has specified that the UK is
leaving the Euratom treaty. Do you? If so then HMG has NO MANDATE to
leave Euratom or alter its status.
Further backgound is available in the free eBook on academia.edu. It is at
In other words the present negotiations will be
useless until Europe’s core problem is tackled — distrust of Brussels
and also HMG’s refusals to hold timely referendums. The UK should work
for democratic reform in Brussels. This should start with the treaty
requirements that all Councils should be open to the public AS THE TREATIES SAY. The European Community was initiated by Robert Schuman
to bring honest Government to Europe. The Commission, Europe’s Honest
Broker, should be composed of honest men and women who refuse to be
members of partisan organizations or interests.
