Cameron's EU speech: the questions he will need to answer

The questions the PM will face on renegotiation, the referendum and withdrawal.

Barring any unforseen hitches (and one wouldn't bet against it), David Cameron will finally deliver his long-delayed speech on the EU at 8am tomorrow at Bloomberg's London HQ. (The venue for Ed Balls's famous demolition of austerity in August 2010.) Here are some of the questions he'll need to answer. 

Which powers would a Conservative government seek to repatriate from the EU?

Cameron has promised to use the negotiations over the future shape of the eurozone to secure a "fresh settlement" for Britain, leaving open the question of which specific powers he wants to repatriate from Brussels. One guide to the Prime Minister's intentions is the last Conservative general election manifesto, which declared, "a Conservative government will negotiate for three specific guarantees – on the Charter of fundamental rights, on criminal justice, and on social and employment legislation – with our european partners to return powers that we believe should reside with the UK, not the EU." It was the Tories' failure to win a majority and the formation of the coalition that meant they were unable to fulfil this pledge. 

More recently, the eurosceptic Fresh Start group of Conservative MPs made the following demands in its Manifesto for Change

1. An emergency brake for any member state in financial services.
 
2. Repatriation to member states of the competence in social and employment law. Failing that a UK opt-out and emergency brake.
 
3. A UK opt-out from policing and criminal justice measures not already covered by block opt-out.
 
4. A new legal safeguard for the single market.
 
5. The abolition of the Strasbourg seat of the European parliament, the economic and social committee, and the committee of the regions
In his foreword to the manifesto, William Hague wrote: "Many of the proposals are already government policy, some could well become future government or Conservative party policy and some may require further thought."
 
Tory MPs will be watching closely tomorrow to see how many make it into Cameron's speech. 
 
What form would a referendum take?
 
We already know that Cameron, who has pledged to seek "fresh consent" for any new settlement, will use his speech to outline plans to hold a referendum at some point in the next parliament. But the Prime Minister will need to make it clear whether this will be a vote on Britain's EU membership in general or on the renegotiation. If the latter, as seems likely, Cameron will need to say whether a 'no' vote would amount to a vote for withdrawal or rather a rejection of the "new settlement". The Prime Minister's warning that the British people could "drift towards the exit", included in the pre-released extracts of his speech, suggests that a 'no' vote will mean Britain leaving the EU. 
 
When would a referendum be held?
 
With any renegotiation likely to take several years, the assumption in Westminster is that the referendum would be held in the middle of the next parliament. Cameron will need to offer some indication of the expected timeframe tomorrow. 
 
Will the referendum pledge be enshrined in legislation?
 
Conservative MPs, some of whom have never forgiven Cameron for breaking his "cast-iron" promise to hold a referendum on the Lisbon Treaty, are demanding that any referendum pledge is enshrined in law. This, they hope, would eliminate any risk of backsliding by the PM.  
 
A Commons vote on a bill authorising an EU referendum would also force Labour and the Liberal Democrats to either vote with the Conservatives or stand accused of denying the British people a say. For this reason, it is a tactic that may appeal to Cameron and George Osborne, who performed a similar trick with his Welfare Uprating Bill. 
 
What happens if the renegotiations are unsuccessful?
 
Cameron's strategy is premised on the belief that Britain will prove successful in seeking the return of powers from the EU. "I am confident we will get the changes that we want," he said during a recent appearance on the Today programme. Cameron believes that Germany, fearful of handing greater influence to protectionist France, is prepared to make concessions to the UK, rather than risk it walking out. 
 
But the Prime Minister, who is expected to take questions from the media after his speech, will be challenged to say how he would respond if his efforts at repatriation proved largely or totally unsuccessful. Rather than holding a referendum on the "new settlement", would a simple in/out vote be held? 
 
Are there any circumstances in which you would support EU withdrawal?
 
Some Conservatives, most notably Michael Gove, argue that any renegotiation will prove unsuccessful unless Cameron makes it clear that he is prepared to support withdrawal if the EU refuses to pay ball. In a concession to such figures, Cameron has conceded that Britain would not "collapse" if it left the union. But the PM, who has said repeatedly that he does not want the UK to adopt a Norwegian-style "associate membership", is unlikely to go any further tomorrow.
 
Would you allow Conservative cabinet ministers to campaign for withdrawal?
 
If Cameron's attempt to repatriate powers is largely unsuccessful, a significant minority of cabinet ministers are likely to support withdrawal. Eric Pickles, for instance, recently commented, "If it's in our firm national interest that we should remain in the EU – and I sincerely hope that is the case – then we should stay. But we shouldn't stay at any price." The Spectator's James Forsyth has reported that there are "at least nine Cabinet members" who would be inclined to vote "out" in a referendum if Cameron only proves able to secure minor concessions such as the exemption of the NHS from the Working Time Directive and restrictions on immigration from the EU. 
 
Confronted by a cabinet split in 1975, Harold Wilson took the unusual step of suspending collective ministerial responsibility in order to allow his ministers to support either side in the Europe referendum campaign. Seven Labour cabinet ministers - Tony Benn, Barbara Castle, Michael Foot, William Ross, Peter Shore John Silkin, Eric Varley - went on to unsuccessfully argue for withdrawal from the EEC (the vote was 67-33 in favour of membership).
 
Will Cameron follow this precedent? When Ed Miliband asked him at last week's Prime Minister's Questions whether he would allow Tory cabinet ministers to support withdrawal, he simply ignored the question. He will find it harder to do so tomorrow. 
 
David Cameron speaks during a press conference at the EU Headquarters on December 14, 2012 in Brussels. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

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A new German law wants to force mothers to reveal their child’s biological father

The so-called “milkmen’s kids law” would seek protection for men who feel they have been duped into raising children they believe are not biologically theirs – at the expense of women’s rights.

The German press call them “Kuckuckskinder”, which translates literally as “cuckoo children” – parasite offspring being raised by an unsuspecting innocent, alien creatures growing fat at the expense of the host species’ own kind. The British press have opted for the more Benny Hill-esque “milkmen’s kids”, prompting images of bored Seventies housewives answering the door in negligées before inviting Robin Asquith lookalikes up to their suburban boudoirs. Nine months later their henpecked husbands are presented with bawling brats and the poor sods remain none the wiser.

Neither image is particularly flattering to the children involved, but then who cares about them? This is a story about men, women and the redressing of a legal – or is it biological? – injustice. The children are incidental.

This week German Justice Minister Heiko Maas introduced a proposal aimed at to providing greater legal protection for “Scheinväter” – men who are duped into raising children whom they falsely believe to be biologically theirs. This is in response to a 2015 case in which Germany’s highest court ruled that a woman who had told her ex-husband that her child may have been conceived with another man could not be compelled to name the latter. This would, the court decided, be an infringement of the woman’s right to privacy. Nonetheless, the decision was seen to highlight the need for further legislation to clarify and strengthen the position of the Scheinvater.

Maas’ proposal, announced on Monday, examines the problem carefully and sensitively before merrily throwing a woman’s right to privacy out of the window. It would compel a woman to name every man she had sexual intercourse with during the time when her child may have been conceived. She would only have the right to remain silent in cases should there be serious reasons for her not to name the biological father (it would be for the court to decide whether a woman’s reasons were serious enough). It is not yet clear what form of punishment a woman would face were she not to name names (I’m thinking a scarlet letter would be in keeping with the classy, retro “man who was present at the moment of conception” wording). In cases where it did transpire that another man was a child’s biological father, he would be obliged to pay compensation to the man “duped” into supporting the child for up to two years.

It is not clear what happens thereafter. Perhaps the two men shake hands, pat each other on the back, maybe even share a beer or two. It is, after all, a kind of gentlemen’s agreement, a transaction which takes place over the heads of both mother and child once the latter’s paternity has been established. The “true” father compensates the “false” one for having maintained his property in his absence. In some cases there may be bitterness and resentment but perhaps in others one will witness a kind of honourable partnership. You can’t trust women, but DNA tests, money and your fellow man won’t let you down.

Even if it achieves nothing else, this proposal brings us right back to the heart of what patriarchy is all about: paternity and ownership. In April this year a German court ruled that men cannot be forced to take paternity tests by children who suspect them of being their fathers. It has to be their decision. Women, meanwhile, can only access abortion on demand in the first trimester of pregnancy, and even then counselling is mandatory (thereafter the approval of two doctors is required, similar to in the UK). One class of people can be forced to gestate and give birth; another can’t even be forced to take a DNA test. One class of people can be compelled to name any man whose sperm may have ventured beyond their cervix; another is allowed to have a body whose business is entirely its own. And yes, one can argue that forcing men to pay money for the raising of children evens up the score. Men have always argued that, but they’re wrong.

Individual men (sometimes) pay for the raising of individual children because the system we call patriarchy has chosen to make fatherhood about individual ownership. Women have little choice but to go along with this as long as men exploit our labour, restrict our access to material resources and threaten us with violence. We live in a world in which it is almost universally assumed that women “owe” individual men the reassurance that it was their precious sperm that impregnated us, lest we put ourselves and our offspring at risk of poverty and isolation. Rarely do any of us dare to protest. We pretend it is a fair deal, even that reproductive differences barely affect our lives at all. But the sex binary – the fact that sperm is not egg and egg is not sperm – affects all of us.

The original 2015 ruling got it right. The male demand for reassurance regarding paternity is an infringement of a woman’s right to privacy. Moreover, it is important to see this in the context of all the other ways in which men have sought to limit women’s sexual activity, freedom of movement and financial independence in order to ensure that children are truly “theirs”.  Anxiety over paternity is fundamentally linked to anxiety over female sexuality and women’s access to public space. Yet unless all women are kept under lock and key at all times, men will never, ever have the reassurance they crave. Even then, the abstract knowledge that you are the only person to have had the opportunity to impregnate a particular woman cannot rival the physical knowledge of gestation.

We have had millennia of pandering to men’s existential anxieties and treating all matters related to human reproduction, from sex to childbirth, as exceptional cases meaning women cannot have full human rights. Isn’t it about time we tried something new? How about understanding fatherhood not as winning gold in an Olympic sperm race, but as a contract endlessly renewed?

What each of us receives when a child is born is not a biological entity to do with as we choose. It is a relationship, with all of its complexities and risks. It is something worth contributing to and fighting for. Truly, if a man cannot understand that, then any money wasted on a Kuckuckskind – a living, breathing child he could get to know – has got to be the least of his worries. 

Glosswitch is a feminist mother of three who works in publishing.