Will Cameron suspend collective responsibility over the EU?

If Ken Clarke is free to put the europhile case, eurosceptics will want to be able to argue for withdrawal.

After Michael Heseltine's intervention at the weekend, today it's the turn of the europhiles' other big beast, Ken Clarke, to offer his two penn'orth on the Europe debate. In an interview with the FT, the former Justice Secretary, who now attends cabinet as a minister without portfolio, warns that David Cameron's plan to hold a referendum on a "new EU settlement" for Britain could unintentionally lead to withdrawal. He notes:

All referenda are a bit of a gamble. I don’t think we can take a Yes vote for granted.

I think one of the problems is, because so much of the media is overwhelmingly eurosceptic, no one has really campaigned very vigorously for the case for British leadership in the European Union for probably a decade or more.

The problem for Cameron is that the gap between what Tory MPs want from a renegotiation (see the list of demands issued by the Fresh Start group today) and what he can deliver is so great that he has set himself up for failure. As a result, he will find it harder to persuade his party and the public that Britain should remain in the EU when a referendum is held.

Elsewhere in the interview, Clarke, who has warned Cameron against seeking to use the eurozone crisis to repatriate powers from Brussels, bluntly compares those who support withdrawal to the "hangers and floggers" who demanded a referendum on capital punishment in the 1970s. "If you realise you’re doomed in parliament you demand a referendum – that’s what the hangers and floggers used to do," he says.

One issue that Clarke's fusillades against euroscepticism raise is whether collective ministerial responsibility applies to him. His plan to share a platform with Peter Mandelson to argue for full British engagement with the EU suggests not. In response, we can expect eurosceptics to ask whether those ministers who privately favour withdrawal should also be free to put their case.

As I noted earlier this week, the last time Britain held a referendum on the EU in 1975, Harold Wilson took the unusual step of suspending collective cabinet responsibility (as Cameron has over the boundary changes bill) in order to allow his ministers to support either side in the campaign. Seven Labour cabinet ministers - 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). In this week's Spectator, James Forsyth 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

We're a long way off from a referendum but expect Cameron to be asked as early as Friday whether he would allow Conservative cabinet ministers to campaign for exit.

Ken Clarke, who attends cabinet as a minister without portfolio, has argued that Britain should not seek to repatriate powers from the EU. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

Photo: André Spicer
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“It’s scary to do it again”: the five-year-old fined £150 for running a lemonade stand

Enforcement officers penalised a child selling home-made lemonade in the street. Her father tells the full story. 

It was a lively Saturday afternoon in east London’s Mile End. Groups of people streamed through residential streets on their way to a music festival in the local park; booming bass could be heard from the surrounding houses.

One five-year-old girl who lived in the area had an idea. She had been to her school’s summer fête recently and looked longingly at the stalls. She loved the idea of setting up her own stall, and today was a good day for it.

“She eventually came round to the idea of selling lemonade,” her father André Spicer tells me. So he and his daughter went to their local shop to buy some lemons. They mixed a few jugs of lemonade, the girl made a fetching A4 sign with some lemons drawn on it – 50p for a small cup, £1 for a large – and they carried a table from home to the end of their road. 

“People suddenly started coming up and buying stuff, pretty quickly, and they were very happy,” Spicer recalls. “People looked overjoyed at this cute little girl on the side of the road – community feel and all that sort of stuff.”

But the heart-warming scene was soon interrupted. After about half an hour of what Spicer describes as “brisk” trade – his daughter’s recipe secret was some mint and a little bit of cucumber, for a “bit of a British touch” – four enforcement officers came striding up to the stand.

Three were in uniform, and one was in plain clothes. One uniformed officer turned the camera on his vest on, and began reciting a legal script at the weeping five-year-old.

“You’re trading without a licence, pursuant to x, y, z act and blah dah dah dah, really going through a script,” Spicer tells me, saying they showed no compassion for his daughter. “This is my job, I’m doing it and that’s it, basically.”

The girl burst into tears the moment they arrived.

“Officials have some degree of intimidation. I’m a grown adult, so I wasn’t super intimidated, but I was a bit shocked,” says Spicer. “But my daughter was intimidated. She started crying straight away.”

As they continued to recite their legalese, her father picked her up to try to comfort her – but that didn’t stop the officers giving her stall a £150 fine and handing them a penalty notice. “TRADING WITHOUT LICENCE,” it screamed.


Picture: André Spicer

“She was crying and repeating, ‘I’ve done a bad thing’,” says Spicer. “As we walked home, I had to try and convince her that it wasn’t her, it wasn’t her fault. It wasn’t her who had done something bad.”

She cried all the way home, and it wasn’t until she watched her favourite film, Brave, that she calmed down. It was then that Spicer suggested next time they would “do it all correctly”, get a permit, and set up another stand.

“No, I don’t want to, it’s a bit scary to do it again,” she replied. Her father hopes that “she’ll be able to get over it”, and that her enterprising spirit will return.

The Council has since apologised and cancelled the fine, and called on its officials to “show common sense and to use their powers sensibly”.

But Spicer felt “there’s a bigger principle here”, and wrote a piece for the Telegraph arguing that children in modern Britain are too restricted.

He would “absolutely” encourage his daughter to set up another stall, and “I’d encourage other people to go and do it as well. It’s a great way to spend a bit of time with the kids in the holidays, and they might learn something.”

A fitting reminder of the great life lesson: when life gives you a fixed penalty notice, make lemonade.

Anoosh Chakelian is senior writer at the New Statesman.