Should Britain follow the example of Ireland and establish a written constitution with provision for referenda to be held on amendments to it? Are the people of Ireland genuinely warming to the ideas set out in the Treaty of Lisbon, is the second referendum on the issue a cynical manipulation of the democratic process because Ireland did not come up with the 'correct' answer first time around?
Constitutional reform is not generally something which the Socialists concerns itself with in this country, and debate on such issues is generally the preserve of liberal commentators in the Guardian and the Independent. Furthermore, the issues surrounding the Treaty of Lisbon and the question of a national referendum on the issue feature mainly in the right-wing press with a predominantly nationalist and xenophobic colouring. However, we cannot escape the influence which our unwritten constitution has on the democratic process in this country, nor can we flee from the central influence of the European Union on our national laws. The left must have a position on the issues, so that it does not become the sole territory of the political right.
There is an important issue of constitutional law in this which might help us to understand the relationships between the European Union and its Member States. The need for Treaties to be incorporated by amendment to the Irish constitution began with
Crotty v. An Taoiseach, a 1987 ruling of the Irish Supreme Court. This is an historical aspect of the Irish Constitution. The President has the power to decline to sign a Bill amending the constitution until the amendment is voted on by the people, if the amendment changes the whole constitution. Since 1941, every constitutional amendment passes through a two-stage process involving parliamentary debate and a public referendum.
Contrast this with Britain, which has no written constitution. There is no precedent in statute or in law necessitating a referendum to be held on any issue affecting the country. The 1975 referendum was an exception and the 1998 referenda for devolution in Scotland and Wales were established by statute. The main difference between the UK and the Irish Republic here is that they have a written constitution: we do not. Under our present constitutional system, we would need to enact a statute every time a referendum was proposed. However, this still gives complete discretion to Parliament as to if or when a referendum will be held. There is no automatic trigger as there is in Ireland. Issues of constitutional importance are too significant to be left to the whims of elected governments - especially when the trust in Members of Parliament has been called into question in such a way as it has now. A democratic constitution requires entrenchment of certain conventions such as the need to hold a referendum on such issues as international treaties with a prospective effect on national sovereignty. One way of achieving this is through a written set of rules. I find myself becoming convinced by the idea that the United Kingdom needs a written constitution, especially in the light of our Membership of the European Union. Provision for referenda on certain amendments could be incorporated into it.
According to an opinion poll carried out by
Quantum Research in January and April 2009, 24% said they opposed the Lisbon Treaty against 37% in January. However, there was an increase in the number of respondents declaring 'not sure', from 8% in January to 22% in April. Irish Prime Minister Brian Cowen was quoted as saying that the economic downturn had highlighted the role of European institutions in the banking crisis (Ireland has the Euro as its currency). The increasing proportion of 'not sure' respondents would seem to suggest that while the financial crisis brought people closer to the EU, the aftermath has caused more indecision. According to an Irish Times poll on 18 June 2008, 40% of voters who rejected the Lisbon Treaty said they did not understand it enough to vote in favour of it. The same poll showed a small drop in support for the Treaty (from 55% to 54%) so we cannot take the support for granted. Is Europe doing enough to make sure people know what it is about? The Irish Government distributed literature to each of the 2.5 million households. A compendium of the two previous Treaties, one of which was the Constitutional Treaty rejected by France and the Netherlands, of which Lisbon is intended to be a series of amendments, was unavailable in Ireland. In the absence of the compendium, it has been argued that the Lisbon Treaty is incomprehensible. If citizens of a country are going to make an informed decision in a referendum, then governments must provide them with all the necessary information. Not to do so is a cynical act of political manipulation and shows contempt for democracy: by parties wishing to force an issue one way or another.
This is not the first time that Ireland has rejected an EC Treaty in a referendum. The Irish had two constitutional referenda on the Treaty of Nice in 2001 and 2002 respectively. In 2001 53.87% of voters rejected the incorporation of the Nice Treaty on a 35% turnout. The following year 62.89% of voters supported the Treaty on a 49% turnout. The main issue at stake was the question of Irish neutrality, which many voters in 2001 felt would be undermined by ratification.
The second referendum on Lisbon is not a cynical attempt to make the Irish vote in favour of the Treaty. It is a requirement of the Irish Constitution that every amendment must be preceded by a referendum. What is cynical is the way in which politicians are seeing the referendum as a mere formality for pushing through ratification of the Lisbon Treaty by all Member States. A referendum is no formality: it is a chance for citizens to give their consent to something which will alter their national laws in a significant way. It is not a right-wing viewpoint to argue that the people of the United Kingdom should not get the chance to vote on the Lisbon Treaty - the transformation of our society necessarily involves empowering the people, from the bottom up, to grant or withhold their consent to elected representatives making fundamental reforms to our laws through the use of a referendum within the context of a written constitution.
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