EU Referendum


EU Referendum: a change of strategy?


22/06/2015



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With no independent confirmation of yesterday's Sunday Times report claiming that David Cameron is seeking "associate membership" of the EU, there is no hard (or any) evidence that this "secret blueprint" is real. However, if it really is the Prime Minister's intention to go for this option, it would represent a significant change in his strategy, and one which is not compatible with his present game plan. 

As it stands, there is no provision for associate membership within the EU treaties. Formal adoption would require full treaty change, comprising a convention and an IGC. This is not something which is even remotely possible within the 2017 referendum timeframe.

Nevertheless, "association" is an active proposition, having been included in the 2013 Fundamental Law of the European Union, published jointly by the Spinelli Group and the Bertelsmann Stiftung as its proposal for the next treaty after Lisbon. Intriguingly, in recent times it was first proposed by arch-federalist Andrew Duff in a report entitled "On Governing Europe", published on 12 September 2012.

But when details hit the media in December of that year, the BBC had Conservative MEP Martin Callanan rejecting the idea. He was not happy with the implied second-class status, saying: ''We'd end up with a lot of bad things in terms of all the single market legislation, but no means of influencing that legislation either through commissioners [or] MEPs. But we would still be subject to the jurisdiction of the [EU] Court of Justice''.

The Mail was more forthright, denouncing a: "Brussels plot to make Britain a second-class member of the EU denying country our veto and MEP seats". Even Downing Street was said to be "cool on the idea", with David Cameron recorded as being "wary of adopting the same position as Norway".

Oddly enough, John Redwood hailed the idea as "great news", adding: "It shows that the UK can negotiate a new relationship with them. It shows that many on the Continent now recognise that the UK cannot join their euro union and needs a looser relationship with them based on trade".

According to The Times though, which had us "shunted towards 'second class' EU status", Nigel Farage was also broadly favourable, welcoming the "change in federalist thinking". "Andrew Duff has always been one of the most profound federalist thinkers and he can see that there needs to be a Plan B for Britain", he said.

This time round, though, Bernard Jenkin is rejecting the idea. "The offer of a two-speed or two-tier EU is no concession at all", he says. "We would continue to be taken for a ride on the road to second-class membership in an EU that as a whole is proceeding with continued political integration".

As to whether Mr Cameron could pull it off is another matter - but the question is whether it would be enough to turn the "middle 15" and keep them in the "yes" camp. To that effect, what might be sufficient is a deferred offer – a solemn declaration from the "colleagues" that provision for associated status will be included in the next (soon to follow) treaty, and a promise from the Prime Minister that he will apply for this status as soon as it is available.

A point that has escaped critics is that the exact modalities have yet to be defined. In the Bertelsmann draft, the possibility of an associate having voting rights in common areas is not ruled out. Thus, an argument could be made that this is not the "second-class status" as painted, but a genuine change in relationship.

In a very narrow sense, Cameron would not only be offering a better deal than the Norway option, so the idea could be touted as a replacement to the EEA and a solution to the Swiss problem. In that case, by the time the propaganda machine had done its work, "associated membership" could look very attractive to the uncommitted voter. Handled with skill, it could be the referendum winner.

If this is played out, it certainly would represent a change in strategy, with the play not predicted by the great sage Charles Grant. Moreover, it would totally outflank offerings from some "no" campaigners - an "associate status", ostensibly offering all the advantages of Single Market access without the political baggage of ever closer union, is dangerously close to some positions. On the basis of future delivery, it relieves Mr Cameron of the need to get down to specifics, rendering the laborious lists of demands and conditions completely redundant.

A plausible scenario is that Mr Cameron will offer to finalise an agreement of the details in forthcoming full treaty negotiations. This will be followed by a "treaty lock" referendum in the next Parliament, giving us the chance to approve or reject the new position, thus reassuring people that they will be fully consulted and have a chance to reject the deal (albeit - unsaid - that the alternative will be full integration).

It may be, of course, that I am over-interpreting this development, but if this is a new strategy, it is close to inspired. Many of the eurosceptic "offers" are high on risk and short on detail. To counter these, all Mr Cameron has to do is offer voters a risk-free punt presented as "reverting" to a trading relationship - the very thing the majority say they want. We may just be facing an entirely new game.