Letter to Gordon Brown
"The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution", is abandoned".
I have reproduced below the full quote from the June Summit below:
1. The IGC is asked to draw up a Treaty (hereinafter called "Reform Treaty") amending the existing Treaties with a view to enhancing the efficiency and democratic legitimacy of the enlarged Union, as well as the coherence of its external action. The constitutional concept, which consisted in repealing all existing Treaties and replacing them by a single text called "Constitution", is abandoned. The Reform Treaty will introduce into the existing Treaties, which remain in force, the innovations resulting from the 2004 IGC, as set out below in a detailed fashion.
Now come on Mr Brown, we are all bright enough to extract from the June summit text, that the outcome is that the innovations resulting from the 2004 IGC is the CONSTITUTION.
Instead of one single document incorporating all the text of the other treaties, it is now a text which keeps the other treaties but binds them all together.
i.e. the concept of the reform treaty is to pull the wool over our eyes and for you, as Prime Minister to part quote is mendacious and misleading.
If you are genuinely confused with regards to the meaning, may I direct you to the provisions of section 3 of the Vienna Convention on the law of treaties
Article 31 General rule of interpretation
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
Article 32 Supplementary means of interpretation
Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31:
(a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or unreasonable
If the vast majority of EU leaders tell us that the EU Reform Treaty is 90 to 99% the (abandoned constitution), then obviously you and your department need to call upon the provisions of the above articles.
You now argue that while the EU reform treaty is indeed the same for other member states, it is different for the UK because of its various opt-outs and safeguards. (red lines)
But these red lines you are basing this argument on were also in the original version of the constitution - on which the government promised to hold a referendum.
In fact, the Labour party recognised this in The Labour Party manifesto 2005 (page 83 & 84)
"The EU now has 25 members and will continue to expand. The new Constitutional Treaty ensures the new Europe can work effectively, and that Britain keeps control of key national interests like foreign policy, taxation, social security and defence. The Treaty sets out what the EU can do and what it cannot".
The 2005 manifesto also states at Page 110
"A referendum remains the right way to agree any change for Westminster".
You also need to read Article 9 of the reform treaty, reflect, and remind yourself of your oath as a Privy councillor. A man cannot serve two masters.