Briefing from the Prime Minister’s Official Spokesman on: European Constitution, Iraq, Archbishop of Canterbury and Abu Hamza/Legal Aid.
European Constitution
Asked what action the Government would take were the result of the referendum to be a no, the Prime Minister’s Official Spokesman (PMOS) said that he had dealt with this matter at great length at yesterday afternoon’s press briefing. As he had underlined, it was impossible to predict the circumstances in which such a vote would take place. It was important for people to recognise that the Government would only sign up to the Constitution if it met our red lines. Parliament would then scrutinise the document, after which it would go to a public vote, which the Government fully intended to win. Asked if any contingency plans had been put in place in the event of a no vote, the PMOS said that the Government was not going to go into the referendum with the intention of losing it. He pointed out that a no vote would also place this country in a difficult position because we would have to convince the other twenty-four European member states to agree to any changes.
Asked if the Government would fight the campaign on the basis that a yes vote would amount to a vote in favour of staying in Europe, whereas a no vote would amount to a vote in favour of leaving Europe, the PMOS said that as the Prime Minister had made clear yesterday, the referendum question would be about the EU Constitution. He repeated that we were not talking about an EU with a membership of six, twelve or fifteen. After 1 May 2004, the EU would comprise twenty-five member states. A no vote would therefore mean having to convince the other twenty-four of any changes. The Government would only agree to the Constitution in the first place if it met our red lines. After Parliamentary scrutiny, the public would be entitled to vote in a referendum which, he underlined again, the Government was intending to win. Asked the likelihood of all the other twenty-four EU members agreeing to our changes, the PMOS said that he was not going to get drawn into a hypothetical discussion. Put to him that he had warned journalists that such a situation would be difficult, the PMOS said that given the sheer number of people we would have to persuade, it was a statement of the obvious to say that it would be difficult.
Put to him that amending the Constitution and trying to persuade the other twenty-four EU members to accept our changes would be pointless in the light of the fact that a no vote in the referendum would have indicated the public’s wholesale rejection of it, the PMOS said that given the number of hypothetical scenarios contained in the question, he did not think it would be helpful to even attempt to answer it.
Asked to clarify the legal status of the Treaty once the Parliamentary process had concluded, the PMOS said that he was not a legal expert and referred journalists to the FCO for further details relating to the legal aspects of the case. He underlined that the sequence of events was clear. The Government would only agree to the Constitution if it respected our red lines. It would then have to be turned into a legal document and translated. That would take time. The document would then be scrutinised by Parliament, following which a referendum would be held. Asked if the document would be internationally binding after the conclusion of the Parliamentary process, the PMOS said that as he understood it, formal ratification would only take place after a referendum.
Asked if the Prime Minister regretted the initial description of the EU Constitution as a ‘tidying up exercise’, the PMOS said that as the Prime Minister had made clear yesterday, he had not changed his view that the Treaty in any way altered the fundamental relationship between the UK and the rest of Europe. However, he accepted that the various myths and misperceptions about it had clouded the issue. That was why we were not afraid to take part in the debate and welcomed the opportunity to do so. Asked if the description of the Constitution as a ‘tidying up exercise’ was considered to be a myth, the PMOS said that the Prime Minister had detailed some of the myths about Europe in his Statement to the House yesterday. He suggested journalists had another read of it.
Put to him that by taking the decision to hold a referendum, the Government had chosen to expose the country to the risk of being forced to the sidelines - or even out - of the EU, the PMOS said that he would disagree. In the Prime Minister’s view, putting forward a pro-Europe argument and spelling out why we believed an EU Constitution was in the UK’s interests would have a positive impact because it would produce a consensus about the way forward in Europe. Therefore, rather than weakening our position in Europe, it would strengthen it because it would make us more united in terms of taking the decisions that were necessary to protect Britain’s interests in Europe and in the world generally.
Asked if Downing Street agreed with Ms Hewitt’s remarks that the gist of the debate was whether Britain should remain in the EU or not, the PMOS said that Ms Hewitt’s words spoke for themselves. The Government’s position had not changed. We believed that the EU Constitution was in the interests of the UK, as long as it protected our red lines. Moreover, the difficulty of having to persuade our twenty-four EU partners to renegotiate the Treaty and agree to our changes should not be underestimated.
Iraq
Asked if the Police Training Academy which had been bombed in Basra this morning was one which the Prime Minister had visited in January, the PMOS said confirmed that it was. He underlined that the attacks today illustrated the nature of the terrorism we were facing in Iraq. This was not terrorism which was aimed at one particular group or one particular part of the coalition. It was aimed at the process of democratisation and the introduction of civic society in Iraq.
Asked for a reaction to reports that British troops going to the scene of the attacks had been stoned, the PMOS said that he was not aware of the full detail of the incident at this stage. However, as he understood it, the situation had been brought under control very quickly.
Archbishop of Canterbury
Asked for a reaction to the criticism of the Government expressed by the Archbishop of Canterbury yesterday, the PMOS said that he had nothing to add to what had already been said about this matter.
Abu Hamza/Legal Aid
Asked if the Government believed that Abu Hamza should receive legal aid, the PMOS said that since Abu Hamza was on the UN Security List as an Al Qaida associate, he needed to apply to the Treasury for a special licence to receive legal aid. We were unable to comment until that was done.

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