Samizdata

Some months ago, David Carr and I had a quick and long forgotten conversation over the subject of withdrawal from the European Union. It is a hardy perennial that fades in and out of debate. This time, I was interested in the ‘Greenland option’ where a region had stayed loyal to the crown of Denmark but had exited the EEC. Similar constitutional anomalies bind the Channel Islands and the Isle of Man to the Crown. The option was not considered realistic because we concluded that the EU would never countenance losing larger portions of their members.

Think again! Labour MEP, Eluned Morgan, tabled a question to Romano Prodi, President of the European Commission, asking if Wales would remain a member of the European Union if it declared independence. Prodi appeared to indicate that any region declaring independence would have to reapply for membership.

Asked if a newly independent region would have to leave the EU and apply for accession afresh, Mr Prodi said: “When a part of the territory of a member state ceases to be a part of that state, eg because that territory becomes an independent state, the treaties will no longer apply to that state.
In other words, a newly independent region would, by the fact of its independence, become a third country with respect to the union and the treaties would, from the day of its independence, not apply any more on its territory.”
His answer, written on March 1, also said any application for EU membership would require negotiation and consent of other member states.

Plaid Cymru, the Welsh nationalist party, viewed the eruption as a spoiler for their spring conference and noted the constitutional implications:

But Plaid Cymru last night rubbished the claims. Jill Evans MEP described it as “nothing more than a spoiling attempt by New Labour on the eve of our Spring Conference”.

She said: “The United Kingdom is constituted as a state through the respective acts of Union in 1536 and 1707. If either act is repealed, the UK as a nation state will no longer exist. On the basis of Romano Prodi’s letter, if Wales and Scotland were to become independent, all component members of the UK including England would have to reapply for EU membership. These ridiculous claims should be treated with contempt and are pure nonsensical.”

If Prodi’s reading of European law is correct, then declarations of independence by the constituent parts of the United Kingdom, followed by the dissolution of the Union, would be sufficient for withdrawal from the European Union. This provides food for thought since the campaign for an English parliament and for English independence now has another virtuous outcome.

Good news so near St. Georges Day!

Some readers who enjoy British history may recall that period in the 18th Century when highway robbers like Dick Turpin acquired a certain notoriety as they held travellers at gunpoint and stole valuables while simultaneously charming their female victims. Like most such ‘legends’, the truth was usually rather grubbier and more unpleasant.

Well, I had an example of being charmed into surrendering a large chunk of my wealth by force the other morning. As in the USA, where working-age citizens are currently going through the chores of filing their IRS forms, the British Inland Revenue is busy getting us all ready to pay our taxes. I received a form which said, “You have been chosen to receive this new short tax return.” Golly, how grateful am I supposed to feel? I have been ‘chosen’, apparently. It is made to sound as if I have been invited on board a millionaire’s yacht off St. Tropez for a spot of weekend sailing.

Even worse, the form ends with the little motto, no doubt dreamed up by some clever chap, “Tax doesn’t have to be taxing.” Aahhhh! You see, the Inland Revenue can make the experience of telling us how much wealth we must pay out an easy, even pleasurable experience.

Why do I go on about this? Well, in a subliminal way, forms like this encourage the citizen to accept the tax burden as a natural, and even wholly benign part of the human order. It is another way of wearing us down. And that is a bad thing. Personally, I am actually glad that the Americans have a nasty time filing their tax returns because once a year it reminds the citizens of Jefferson’s Republic of just how far they have gone from the modest government ambitions of the Founding Fathers. The easier we Brits can pay our taxes, the less angry we might be about the taxes in the first place.

Of course, this all leaves aside the issue of whether, even in a minarchist or anarcho-capitalist order, we could get by without some form of collective funding for stuff like external defence and internal courts and so on. I have a few thoughts but it is too big a topic for a single blog item. I’ll have to return to this point another time. Of course that’s no reason why others cannot have a go. Comments welcome as always.