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European Constitution Treaty

Volume 463: debated on Monday 10 September 2007

To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has received on the decision by the Government not to hold a referendum on the EU Treaty; and if he will make a statement. (154829)

The Treaty establishing a Constitution for Europe, on which the Government proposed a referendum is now defunct. The mandate for a Reform Treaty agreed by the European Council states clearly:

"The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution", is abandoned."

The subject of a referendum on the proposed Reform Treaty has been discussed on many occasions, including in parliamentary debates, questions and evidence sessions. The UK's only ever national referendum was on European Economic Community membership in 1975. The Reform Treaty will be an amending Treaty in the tradition of Maastricht, Amsterdam and Nice, none of which were subject to a referendum in this country.

To ask the Secretary of State for Foreign and Commonwealth Affairs (1) whether declarations attached to the draft EU Constitution are legally binding on EU institutions; (154957)

(2) whether the UK will be seeking any alterations to the draft EU Constitution in the course of the inter-governmental conference;

(3) whether the Government has sought advice from the European Court of Justice (ECJ) as to the justiciability of the draft EU Constitution by the ECJ;

(4) if he will list all legal advice the Government has received on the draft EU Constitution.

The Treaty establishing a Constitution for Europe, on which the Government proposed a referendum is now defunct. The mandate for a Reform Treaty agreed by the European Council states clearly:

“The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called “Constitution”, is abandoned.”

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the progress of the inter-governmental conference as soon as the House returns following the summer recess. (154959)

The Government are committed to keeping Parliament fully informed of the progress of the inter-governmental Conference (IGC), including during summer recess. I will give evidence to the Foreign Affairs Committee on 12 September. In a letter to the European Scrutiny Committee on 31 July my right hon. Friend the Foreign Secretary said that:

“All IGC papers which are not classified or circulated in confidence will be placed in the Libraries of both Houses and forwarded to the Committee Clerks for information. Where there is any uncertainty over a document’s status we will press the Council Secretariat and Presidency for permission to share it with Parliament.”

To date, all IGC papers have been circulated.

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make it his policy to hold a referendum on the EU Reform Treaty. (155016)

The Treaty establishing a Constitution for Europe, on which the Government proposed a referendum is now defunct. The mandate for a Reform Treaty agreed by the European Council states clearly:

"The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution", is abandoned."

The UK's only ever national referendum was on European Economic Community membership in 1975. The Reform Treaty will be an amending Treaty in the tradition of Maastricht, Amsterdam and Nice, none of which were subject to a referendum in this country.