I thought that, after eight years in the European Parliament, nothing could shock me any more. I was wrong.
Yesterday,
the President of the Parliament, Hans-Gert Pöttering, asked for, and
was granted, arbitrary powers to suspend the rules of the institution
in order to disadvantage the tiny number of MEPs who want a referendum
on the European Constitution Lisbon Treaty.
I have come to
expect hypersensitivity to criticism, flouting of rules, intolerance of
dissent, authoritarianism. But nothing had prepared me for such
blatancy.
Hans-Gert openly admitted that the behaviour of his
Euro-sceptic opponents was within the rules. And he wasn't asking to
change those rules - a procedure that would take time. No, he simply
wanted permission to disregard them. Permission was duly granted, by 20
committee votes to 3.
Hans-Gert's letter is worth quoting in full:
Dear Mr Leinen, [Jo Leinen, a German Socialist, is Chairman of the Constitutional Affairs Committee]
In
the course of the current part session, Parliament was confronted on
several occasions with procedural requests which were formally based on
and fulfilled the requirements of a provision of the Rules of
Procedure, but which according to the full conviction of myself and of
other Members of the House were moved with the intention of obstructing
the procedures of the House.
I take the view that my
overall responsibility for the implementation of the Rules of Procedure
and the powers conferred on me by Rule 19 include the power not to
allow such practices.
I should therefore be grateful if,
pursuant to Rule 201(1), you could submit to the Committee on
Constitutional Affairs the following question for urgent consideration:
'Can
Rule 19(1) be interpreted as meaning that the powers conferred by this
Rule include the power to call an end to excessive use of motions such
as points of order, procedural motions, explanations of vote and
excessive, indiscriminate requests for separate, split or roll call
votes where these appear to the President to be aimed at deliberately
disrupting the procedures of the House or the rights of other Members.'
I would appreciate it if I could have your Committee's interpretation before the opening of the next part session.
I haven't made this up: you can see a copy of the original letter over at England Expects.
Re-read
the letter slowly. Hans-Gert accepts that our demands for electronic
votes and for the right to explain how we voted were perfectly legal.
But he does not ask for the rules to be changed. He asks for the right
to ignore them at his own discretion - that is, to ignore such requests
when they come from Euro-sceptics.
His fig-leaf - more of a strawberry-leaf, really - is Rule 19 (1). This, too, is worth quoting:
"The
President shall direct all the activities of the Parliament and its
bodies under the conditions laid down in these Rules. He shall enjoy
all the powers necessary to preside over the proceedings of Parliament
and to ensure that they are properly conducted." (Emphasis added)
In other words, the President is bound by Rule 19 to uphold the Rules of Procedure, not allowed to set them aside as he pleases.
The
whole business is outrageous. I am almost tempted to compare it to the
Nazi Ermächtigungsgesetz - the Enabling Act of 1933 which allowed
Hitler to override parliament and the constitution. But I won't because
a) it would be disproportionate and b) it would be terrifically rude to
Hans-Gert, who lost his father in the war and who, for all that he is
behaving appallingly on this occasion, is a decent man and a democrat.
Which is why I am so disappointed in him. He, of all people, should be
alive to the dangers of assuming discretionary powers in order to
bulldozer the law.
Let me instead quote the grand-daddy of
British resistance against Euro-totalitarianism, Edmund Burke. What
most bothered him about the French Revolution, more than its
republicanism, its atheism, its threat to the peace of Europe, was that
it owned itself bound by no law.
"They must be worse than blind
who cannot see with what undeviating regularity of system, in this case
and in all cases, they pursue their scheme for the destruction of every
independent power," he wrote in his Letters on a Regicide Peace. "Their
will is the law, not only at home, but as to the concerns of every
nation. They have swept aside the very constitutions under which
Legislatures acted and the Laws were made."
Eerily prescient,
no? And what has driven the European Parliament to these lengths? What
has provoked them to tear up their own rules? A massive filibuster that
was preventing them from passing any Bills? Hardly.
As loyal
readers of this blog will know, the President of the European
Parliament already enjoys considerable discretionary powers. But MEPs
have two rights that even he cannot override: we can demand that votes
be counted electronically rather than by a show-of-hands (a slightly
slower procedure, but a more accurate one, and one that allows everyone
to see how their MEPs voted); and we can ask for the right to explain,
in not more than one minute, why we voted as we did.
A handful
of pro-referendum MEPs - souverainistes from Poland and France,
Scandinavian Left-wingers, UKIP and Conservatives from Britain, along
with Jim Allister from Northern Ireland, the most honest man in
Unionist politics - decided to make full use of both procedures in
order to protest about the cancellation of the promised referendums and
the implementation of large parts of the constitution in anticipation
of formal ratification. I have been ending every speech, in a playful
echo of Cato's "Delenda Est Carthago", with "Pacto Olisipiensis
Censenda Est" - The Lisbon Treaty must be Put to the Vote.
Two
dozen MEPs making a series of one minute speeches hardly constitutes a
filibuster. At worst, we would have kept MEPs from their lunch for half
an hour and perhaps delayed the start of the afternoon session. But
even this is intolerable to the parliamentary authorities. Blinded by
their resentment of "anti-Europeans", which is in turn a surrogate for
the fear and contempt they feel for their own electorates, they have
abandoned any pretence at legality in order to prevent us making our
point in the chamber. The very sound of someone calling for a
referendum is offensive to their guilty ears. The sight of even so
moderate and respectable an MEP as Kathy Sinnot, an Irish disability
rights campaigner, wearing a tee-shirt with the word "REFERENDUM" has
led to her being summoned for disciplinary action.
What they
really hate, my federalist colleagues, is being reminded of the fact
that they all supported referendums until it became clear they would
lose them. We are their bad consciences, the ghosts at their feast.
To
prolong the Macbeth reference a little, the shocking thing about their
behaviour is not that they are trying to silence their critics,
nor even that they are breaking the rules - after all, they are doing
so on a much grander scale by reviving the constitution following two
"No" votes. No, the breath-taking aspect of the whole business is that
they haven't troubled to hide the illegality of what they're doing.
They've happily put it all on paper. As Lady Macbeth puts it:
"What need we fear who knows it, when none can call our power to account?"
But
there comes a point when the arrogance of power, the sense that there
is one rule for the elites and one for everyone else, becomes
intolerable. A point where Birnam Wood starts advancing on Dunsinane.
By behaving as they have, MEPs have brought forward that moment.
It
is now clear that the constitution has no legitimacy. It is becoming
clear, too that the European Parliament has lost whatever shreds of
legitimacy it might once have had. So let me close with another
prescient quotation from Burke:
"Who that admires, and from the
heart is attached, to true national parliaments, but must turn in
horror and disgust from such a profane burlesque and parody of that
sacred institution."
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