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THE ROAD TO SELF GOVERNMENT

eurofacts
The following article by Ian Milne was published in eurofacts back on 8th October 2004 when the EU had 25 members, instead of 27 as now, and when the prospect of a referendum on the EU Constitution seemed a possibility. If we change the wording to a referendum on the EU Reform Treaty, then this excellent piece is as useful today as it was then. It was reprinted with permission in the February 2008 issue of Sovereignty. eurofacts is an 8-12 page journal published fortnightly and available for £28 payable to eurofacts, PO Box 119, Totnes, Devon, TQ9 7WA. www.junepress.com

It is June 2007. The British electorate has rejected by referendum the draft EU Constitution agreed by heads of state and government in Brussels on 18th June 2004. On Thursday 21st June 2007, in a second referendum, the British electorate voted to leave the EU. The next day, the Prime Minister and the Leader of the Opposition sent the following joint letter to the President of the Council, the President of the Commission and the heads of state and government of the other twenty-four EU member states, as well as Turkey (a member of the EU Customs Union) and the three European Free Trade Association ("EFTA") member states which, with EU-25, form the European Economic Area:

"Dear Hans, Nicolas, Angela, José etc etc
UK Resumption of Sovereignty
Yesterday, in a referendum, the British electorate voted decisively to leave the European Union. The purpose of this letter is to let you know how the implementation of the electorate's decision by Her Majesty's Government will affect the principal strands of the relationship between the EU and the UK.

Although the British people have now chosen to pursue a different path from the other member states of the EU, we wish to emphasise that the centuries-old objective of our policy, of constructive friendship and cooperation with our European neighbours, remains unchanged.

A strong, prosperous and peaceful Europe will continue to be a central aim of British policy, and from today onwards we look forward to developing with our European friends and allies a modus operandi which will further that objective.

1. Timing
The United Kingdom will become an independent sovereign state and cease to be a member of the EU and its institutions and agencies exactly two years from now, on 22nd June 2009, referred to hereinafter as I-Day.

2. EU Law & Legal Certainty
The UK will cease to be subject to EU law, regulation and case law on I-Day. As from tomorrow, 23rd June 2007, only British courts, including the House of Lords as the highest court in the United Kingdom, will interpret and apply EU law.

Accordingly, from tomorrow, judgements of the European Court of Justice (ECJ) concerning British individuals, corporate bodies and HM Government will be referred to the House of Lords for determination.

EU Directives and Regulations agreed but not yet transposed into British Law will not be so implemented.

EU Directives and Regulations already transposed into British law will continue to be valid unless and until repealed by the British Parliament.

Conflicting rulings of the ECJ and British courts arising during the next twenty-four months will be determined by the usual international dispute settlement procedures, including arbitration, for resolving legal inconsistencies between jurisdictions of independent sovereign states.

EU law, regulation and case law will cease to apply to the UK from I-Day onwards.

3. Managing the Transition
A new British ministry, the Ministry of EU Transitional Arrangements 'META', headed by a senior Cabinet minister, will be charged, as from tomorrow, with the responsibility of managing and negotiating the transition process. META's second-in-command will be a senior Opposition shadow minister. The creation of META will facilitate negotiations by giving our allies and friends in EU-24, EFTA and outside Europe a "single telephone number" for all matters concerned with British disengagement from the EU.

Other ministries (HM Treasury, the FCO, the DTI, DEFRA, the Ministry of Defence etc etc) will report to META on all transition matters.

META will be staffed by senior executives from the British private sector, from business, transport, energy, City, farming, fishing and legal circles. The latest project-management techniques will be bought-in from the private sector to ensure that the transition process runs smoothly and completes on time.

META may invite other ministries to second civil servants to it on temporary contracts. META will complete the bulk of its work by I-Day, but remain in existence for a further two years, to help resolve any "left-over issues". By statute, it will be dissolved exactly four years from today.

4. European Parliament
British MEPs will continue to represent their constituents in the European Parliament until I-Day, but will not participate or vote in any new legislation brought before the parliament in the next twenty-four months. Their salaries and allowances will be progressively reduced over this period to reflect their reduced workload. They will resign their seats on I-Day and thereafter take no further part in the parliament's activities.

5. Commission and Council
British officials and employees of the Commission will negotiate the timing and terms of their departure with the relevant Directorates. British representation at COREPER and in other EU institutions and agencies will be progressively reduced over the next twenty-four months, in co-operation with the relevant EU bodies and the other 24 member states.

6. EU Budget
The UK's monthly gross contributions to and receipts from the EU Budget will be reduced by 1/24th on a straight-line basis in each of the 24 months between now and I-Day, to reflect the progressive disengagement of the UK from the EU over that period.

7. Trade
On I-Day, UK trade will cease to be regulated by the EU, and the UK will resume its own seat and vote at the World Trade Organisation (WTO).

The UK notes that the EU already has 91 Free Trade Agreements (FTAs) with non-EU countries, believes that an FTA between the UK and EU-24 coming into force on I-Day will be in the interests of both parties, and proposes that negotiations to that end begin immediately.

If it is not possible to conclude such an FTA, trade between the UK and EU-24 will be conducted as provided for in the WTO, UN, NATO, OECD and other multi-lateral treaties, with the UK having the same status vis-à-vis EU-24 as the USA, Japan and other leading non-EU trading nations.

In parallel, the UK will seek to negotiate mutually-satisfactory trading arrangements with the four EFTA member states, Switzerland, Norway, Iceland and Liechtenstein.

8. Defence
On I-Day, the UK will cease to participate in EU defence planning, activities and operations, including its arms-procurement agencies. From I-Day onwards, British armed forces will be deployed in the defence of the European continent through NATO.

9. Foreign Policy
On I-Day, the UK will withdraw from all EU foreign policy involvement. Thereafter, the UK will conduct its own foreign policy, through the United Nations, with regional bodies and with its allies including the EU and its 24 member states.

10. Economic and Monetary Union (EMU)
The UK will cease all involvement in EMU, including the European Central Bank, on I-Day.

11. Common Agricultural Policy and Common Fisheries Policy
The UK will cease all involvement in the CAP and the CFP on I-Day.

12. Immigration and Asylum
The UK will cease all involvement in EU immigration and asylum matters and resume full and absolute control of its borders on I-Day.

13. International Aid
The UK will cease all involvement in EU aid programmes worldwide on I-Day. From I-Day onwards, UK aid will be provided directly to recipient countries or through multilateral agencies such as the UN.

14. Enabling Legislation in the UK
A Bill to give effect to the measures set out above will be laid before the House of Commons next week.

Her Majesty's Government looks forward to working with the institutions and agencies of the EU and its 24 member states to ensure that transition takes place with minimal disruption.

A copy of this letter is being sent to the Heads of Government (and where appropriate the Heads of State) of the UK's Commonwealth partners, the President of the United States, the Heads of State and Government of other countries, and the Secretaries-General of the United Nations, the North Atlantic Treaty Organisation, the World Trade Organisation, the International Monetary Fund, the World Bank (etc etc). A copy of this letter is also being released to the media and posted on META's web-site, www.withdrawal.gov.uk

Yours sincerely, The Prime Minister, The Leader of Her Majesty's Opposition, London, 22nd June 2007"


 
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