Gordon Brown finds that the revival of the European Constitution will not play to the audiences. A few days ago, we were told that the PM to be was concerned that Blair would bump him into a treaty without any consultation, binding his freedom of manoevre.
Now, events have begun to crowd out this concern. The 'period of reflection' after the negative referenda witnessed two camps: the 'constitutionalists' who wanted all matters of substance to remain and the sceptics who preferred constitution-lite. From Markel's correspondence publicised today, the substantve negotiations favour the 'constitutionalists'.
Mrs Merkel, in a gesture to Britain, France and the Netherlands, said in the report that they could have a smaller “amending treaty” which would not be called a constitution. But she added that the rest regarded this as a “major concession” and insisted “on the need to preserve the substance of the innovations agreed” in the past.
She also appeared to accept that the controversial charter of fundamental rights, which Britain is trying to keep out of the treaty, would be “legally binding” even if it was left out, by having a “crossreference” in the body of the treaty.
If all the substantive parts of the Constitution, setting up a new state and extending the veto, Brown will start his reign with a dishonest decision: reneging on allowing a say from the people in favour of signing up to the latest Treaty. This will prove to be damaging, especially as Giscard D'Estaing does not mind writing in Le Monde:
The German Chancellor’s plan was revealed as Valéry Giscard d’Estaing, the former French President and author of the constitution, wrote in Le Monde that by making “cosmetic” changes to the constitution “public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them directly”. That would reinforce the idea among European citizens that Europe is a machinery “organised behind their backs by jurists and diplomats”.
He argued in Le Monde that “if governments agree on a simplified treaty preserving the essential institutional advances, they should not be afraid to say so and write so”. Efforts were underway to try to “conserve part of the innovations of the Constitutional Treaty and to camouflage them by breaking them up into several texts”.
He said: “The most innovative elements will be the object of simple amendments to the Maastricht and Nice treaties. The technical improvements would be regrouped into a bland and painless treaty. The sum of these texts will be presented to parliaments, which will vote on them separately. Thus public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them ‘directly’.”
Even the original railroader has sensed that his cold feet are telling him something, especially as politicians have probably been insufficiently grateful for his original rejection of popular participation.
The referendum was designed to park the Constitution. One can hear the BBC giving minimal airtime to this new development, as publicity will fuel scepticism - does this only deserve one line on the Today programme? Brown faces a fundamental dilemma that will destroy his reputation for honesty or estrange his relations with Europe. Who does he value more: his people or his peers?