Tuesday, 6 September 2011

Water down? You have to turn it on first!

The Daily Telegraph reports that Cameron may overrule Vince Cable by diluting controversial new EU employment laws to be introduced next month and thus 'water down' those laws. The Boiling Frog summarises this idea most succinctly when he writes:
"A Downing Street spokesman said: “We are now looking at every part of employment law as part of the red tape challenge. We want to do everything we can to help employers and drive growth.” Which in other words means; we'll pass the EU Directive as it is, pretend we've stood up to the EU because conference season is just round the corner and we want to look tough on the issue of Europe for the benefit of our stupid members."
Leaving to one side the truth contained in that statement, another question arises and this is why has this directive been 'gold-plated' by Vince Cable's department when, only last December, Saint Vince is on record as stating that EU laws must be 'copied out' to avoid gold-plating. By googling 'cameron no gold plating' and then clicking '[pdf] EU Legislation: Government action on gold-plating' access is provided to a document entitled "EU Legislation: Government action on ‘gold-plating’ Standard Note: SN/IA/5943 issued by the House of Commons Library, one which explains the 'copying out' procedure and how it should be used.

What this matter shows yet again is that Cameron, who believes he governs this country, doesn't and can't - and never will while the UK is a member of the EU, which means he has a choice to make: either he takes us out of the EU or he is content to remain but a mere servant of Brussels. As I pointed out to Roger Helmer, if one finds oneself in a group with whose views you disagree, then the only sensible course of action is to walk away. But then politics is now a career isn't it - and Cameron is nothing if not a career politician - and one which bears no relation to representing the views of those he was elected so to do. Coupled with which, the manifesto on which he stood has been shown to be nothing but a sham and a lie - yet another reason why a man of principle would walk away.

Cameron, a man of principle? Oxymoron, surely...............

12 comments:

The Gray Monk said...

As one who until retirement stood fairly close to the "gold platers" in Whitehall, I have to say that Maggie tried a simple "read across" approach for the Workplace Fire Safety Directive (Part of the overall Workplace Health and Safety Directive) and then found that, because of the difference between European and UK legal systems, the regulations could not work in the UK under our legal system. So they "gold plated" them and a simple two page document became 29 ...

There is the real problem, two essentially incompatible legal systems which make a nonsense of any effort to "harmonise" or to avoid "gold plating." Whitehall loves the gold plating, because each page it can add to anything from Brussels, increases the number of Whitehall W*nk*rs needed to enforce it.

The Boiling Frog said...

Ah thanks for the link WfW. I promise I won't mention Nirvana again on your blog unless it refers to being free from the sufferings of the EU. :-)

Oldrightie said...

Nirvana doesn't mean that, BF?

Anonymous said...

The ordinary membership of the Conservative party are desperate to believe that their leadership is EUsceptic. They will clutch on to the slightest change of tack or nuance as proof of this. In reality all the westminster parties are traitors!! You are not EUsceptic unless you advocate pulling out of the EU!!!!!

Anonymous said...

My point is this, they've known this thing is coming down the line for yonks or years if you prefer - this should have been nipped in the bud long ago[mind you the Nu Scum party was in power then].
Having said that, the EU apparats in the UK are the most [and the worst] puritanical and strict of the EU sect: the Bruxelles ShutzStaffel if you like.
And how they luv it too.

Why? Have a look at the way the Defra SS and how it deals with our own fishermen/trawlermen.....have we got any trawlers left......?

WitteringsfromWitney said...

TGM: And plans are afoot, so I hear, for a harmonisation of the legal system........

TBF: Good, so I presume lessons have been learned....... :)

OR: :)

Anon1: Agreed

Anon2: Thanks for the link - remember that now.

Edward Spalton said...

The Gray Monk makes a very wise point from his cloister.

I understand that part of the difference between British and continental practice of interpreting legislation is the weight given to the preamble. In British law it has very little weight; it is the "nuts and bolts" of the highly specific clauses which count.

In the Roman law tradition, the preamble (which says what the aim of the legislation is) carries a far greater weight and courts will rule on the basis of what it says rather than sticking closely to the exact sense of the finer print. The preamble states the intention of the legislation and that is what counts.

I suppose the prime example is the Rome Treaty's inclusion of the aim of "an ever closer union" between the peoples (i.e.nations) of Europe.

So the consistent practice of the European Court of Justice always to favour the increase of the power of EU institutions is entirely in line with the normal Roman law practice of legal interpretation. How else do you bring about "ever closer union" but by further empowerment of the institutions set up to achieve it?

That is my understanding and I would be grateful for a correction, if I am wrong.

TomTom said...

ESM

Off the thread again but you really should see this German video that is going viral about the Coup D'Etat the EU is planning.

How German MPs can vote for this European Stability Mechanism on 29 September is incredible.......a new Organisation with Sovereign Immunity from any Government or Court able to increase capital at will and requiring Governments to subscribe within 7 days.

This is the New Totalitarian Government of Europe and people fuss about whether Vince Cable gold-plates Agency Worker Directives !!!!!

Switzerland has just linked to the Euro to prevent SWitzerland being destroyed economically by Deflation.....and tomorrow the German Supreme Court may put an obstacle or two in the way of National Suicide.......

This is The Endgame and the silly little boys at political conferences next month are clueless as Europe implodes into another 1920s

PeterCharles said...

We are certainly well into the end-game now, Merkel has thrown Greece to the wolves, or as our American cousins would say, thrown her under the bus. Although it would be more accurate to say she has said she will do it if they don't get their act together and as others have pointed out she is a politician so only actions will actually tell. But it seems certain she no longer has the domestic political support to continue throwing money around the med. and the terms of the planned new EFSF has petrified almost the entire German electorate. Italy is currently in meltdown and Spanish banks have started to collapse with Caja de Ahorros del Mediterraneo being taken over by the Spanish Central Bank.

Over the next few weeks I doubt anything our particular incompetents say or do will really mean anything. Once the big bang comes they will have to do something, which is almost certain to be the wrong thing and make everything worse, especially as their plans for the unthinkable are certain to have been of the head in sand, fingers in ear and a loud chorus of 'I can't hear you, I can't hear you' variety. But at least we will then have a valid excuse to, as Dr North so pungently puts it, rise up and slaughter them.

WitteringsfromWitney said...

ES: My understanding is the same as yours - unless of course someone knows differently..........?

TT: Thanks for the link, however being 'Germanless'..............

PC: It is indeed worrying that there is no public reassurance that our government has things under control should the envitable happen - and the civil unrest which would undoubtedly follow is as you say a serious problem.

Mind you, do we have to wait for Armeggedon before adopting RN's sensible suggestion?

TomTom said...

TT: Thanks for the link, however being 'Germanless'..............

Babelfish

The video is the key thing rather than the article, main points being - a new Organisation with Sovereign Immunity from any Government or Court able to increase capital at will and requiring Governments to subscribe within 7 days.

It is a Supreme EU Commission for the EuroZone but as that is impractical it means either an EU Split or Britain etc to join the EuroZone Government through tax harmonisation and budget control

WitteringsfromWitney said...

TT: And as Cameron has given a cast-iron promise that we will not join the euro in this parliament, I can only presume he must then do a Euro-split.........