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Miliband defends EU treaty stance Miliband denies 'giving in' to EU
(about 10 hours later)
The Foreign Secretary has insisted that there will be no referendum on the EU treaty, ahead of a grilling from MPs on the European Scrutiny committee. Foreign Secretary David Miliband has denied giving in to EU "bullying" and has told MPs that UK demands for the new treaty have been "respected".
David Miliband said that the "red lines" in the treaty protected Britain's power to decide key issues. He was repeatedly challenged by members of the European Scrutiny Committee about Britain's so-called "red lines".
The Conservatives have accused the government of a "failure of trust" by not holding a referendum. Tory MP James Clappison said they were "in tatters" and suggested someone had been "asleep at the wheel".
Mr Miliband said "everyone accepted" that the treaty and the abandoned EU Constitution were different. Mr Miliband clashed with committee chairman Michael Connarty who appeared to compare him to Neville Chamberlain.
The opt-in that we have got on every single measure has been secured in the legal text. We have the right to choose whether we opt in to those measures David Miliband MP, Foreign Secretary On Thursday PM Gordon Brown will attend an EU summit in Lisbon, where the treaty's text will be finalised.
Mr Miliband's appearance before the committee comes a week after its report concluding that the treaty was "substantially equivalent" to the EU Constitution thrown out by Dutch and French voters in 2005. The reform treaty will replace the failed EU Constitution, rejected by Dutch and French voters in 2005 - on which the government had promised a referendum.
The report was used by those who want a referendum as further evidence that there needs to be a referendum, because the government promised one on the constitution. Rough ride
No shift But the government has said there is no need for a referendum on the treaty, because it has secured opt-outs in key areas such as human rights, tax and benefits, foreign policy and justice.
But Mr Miliband said: "If the red lines are secured, then the treaty does not shift the fundamental constitutional balance of power. Therefore it should be considered by Parliament like every other treaty." Mr Miliband was given a two-hour grilling by members of the committee - telling them he was satisfied the EU reform treaty - "respects Britain's red lines".
Speaking on BBC Radio 4's Today programme, Mr Miliband said: "The treaty is completely different to the constitution. Everyone accepts that it has changed. It is different in legal structure, its content, and in its political consequences. For you to agree to something like this and get nothing in return suggests to me that somewhere along the line someone has been, quite frankly, asleep at the wheel James Clappison MP
"The constitution got rid of all previous EU treaties and created a new re-founding document of the EU. The treaty does not do that: it leaves everything in place." But the Tories have said the government's powers over criminal justice would be "eroded" because the European Court of Justice had the power to overturn British decisions.
Earlier a Tory MP cast doubt on the government's ability to protect its "red line" on justice and home affairs. Mr Miliband repeated his view that the protocol on the charter of fundamental rights would not allow the ECJ to override British laws.
Power eroded "We have a blanket ordinance there that the charter shall not extend the reach of European courts into British law," he said.
David Heathcoat Amory - who is a member of the European Scrutiny Committee - said the government's power to decide matters relating to criminal justice would be "eroded" because the European Court of Justice had the power to overturn British decisions. 'Cut to the quick'
He said: "What we found when we looked at the treaty was that the European Court of Justice will ultimately get jurisdiction over this policy and despite the red lines the decisions won't be made by a body in this country, but by judges in Luxembourg." But committee member Mr Clappison told him: "The red lines are in tatters - and for you to agree to something like this and get nothing in return suggests to me that somewhere along the line someone has been, quite frankly, asleep at the wheel."
Mr Miliband insisted that the red lines were "fully secure". The committee's Labour chairman, Michael Connarty, also angered Mr Miliband by commenting: "I have visions of peace in our time".
He said: "The opt-in that we have got on every single measure has been secured in the legal text. We have the right to choose whether we opt in to those measures." The constitution got rid of all previous EU treaties and created a new re-founding document of the EU. The treaty does not do that: David Miliband
The argument looks set to continue this week as the Prime Minister Gordon Brown prepares to face EU leaders at an informal summit on Thursday. Mr Miliband responded angrily that he had been "cut to my absolute quick" by the remark.
Mr Brown has said that his main aim at the summit will be make sure that the leaders accept Britain's right to decide its own policies on red line issues. "You are saying this is the equivalent of Neville Chamberlain coming back in the late 1930s from Munich claiming to have an agreement with Adolf Hitler. That is not worthy of any of you."
He has also said that he wants to be certain that there will not be any prospect of any "fundamental constitutional changes" as a result of signing up to the treaty. Mr Connarty said Mr Miliband had "a highly sensitive imagination" but added: "If you're offended by that, then that's your sensitivity and I apologise for saying it if it hurt your sensitivity."
Not convinced
Later he told BBC Radio 4's PM programme the committee had not been convinced, and that the conditions behind Britain's "red lines" had changed "irrevocably".
Last week the European scrutiny committee published a report which concluded that the reform treaty was "substantially equivalent" to the failed constitution.