European diplomats are pressing for a “self-destruct” clause in Britain’s “new settlement” with the EU, which would in effect close down the option of a second renegotiation and referendum should Britain vote to leave.
The possible inclusion of a statement saying that the deal is the maximum on offer for the UK is among a host of unresolved disputes facing David Cameron as he arrived in Brussels on Thursday for a two-day summit to answer the so-called “British question” and pave the way for a June referendum.
“Well we’ve got some important work to do today and tomorrow and it’s going to be hard,” Mr Cameron said. “I’ll be battling for Britain, if we can get a good deal I’ll take that deal but I will not take a deal that doesn’t meet what we need.”
Jean-Claude Juncker, the European Commission president, said he remained “quite confident” that a deal would be reached in spite of there being “a number of questions” still to answer.
Dalia Grybauskaite, Lithuania’s president, predicted “everybody would have [their] own drama — and then we will agree”.
Beata Szydlo, the Polish premier, warned that she wanted agreement “but not at any price”.
Behind the scenes, there were growing jitters among some negotiators. More issues than expected remained outstanding in a draft text issued on Thursday, including complex questions relating to the UK’s independence in overseeing the City of London, which officials had hoped to solve before EU leaders met.
Others unexpected issues could also complicate talks, including the “self-destruct” clause. Belgium and France have supported a revision in effect stating that the deal is the maximum concession that will be granted to Britain. That has the potential to reverberate in the British referendum campaign as some proponents of a vote to leave argue that it would start a second negotiation for a better deal followed by a second referendum.
The clause attempts to deter copycat “exception seekers” in the EU that may see Britain’s deal as a precedent, according to one European diplomat. But drafts of the provision would also preclude Britain launching a second post-referendum negotiation to extract better terms from the EU.
The latest draft texts of the UK deal make clear the terms do not come into effect until the UK formally states that it is remaining within the EU. Belgium and France want that language made stronger. “The idea is to kill the idea of a second referendum,” said one eurozone diplomat involved in talks.
Some Brexit campaigners have argued it would be sensible to have a second referendum after a vote to leave, so British voters are reassured that they will have a say on the terms of exit. Dominic Cummings, campaign director for Vote Leave, told Bloomberg a Brexit vote will give the government “another bite of the cherry; no downside”.
Mr Cameron rejects the two-vote scenario. George Osborne, the UK chancellor, has attempted to head off the debate over a second referendum, insisting “there is no second vote”. “This is the crucial decision of our lifetimes. Do we stay in the European Union, a reformed European Union, or do we leave?” he said last month. “I think anyone who votes ‘out’ on the assumption that a year or two later you can have another vote to vote back in, is being unrealistic about the nature of the choice.”
Charles Grant of the Centre for European Reform said the second referendum idea would cause problems for the Remain campaign “if people who don’t want to leave the EU think that Out does not mean Out, and that EU partners will be so desperate to keep us that they will give us a better deal.”
Britain in Europe
“This is totally wrong of course because we will not get a better deal,” he added. “Firstly the treaty makes no provision for half membership. Secondly they cannot give the British a special sweetheart deal because other countries inside or outside would want the same.”
One senior EU diplomat said the push for a “self destruct” clause reflected the “gloom” around Brussels over the prospects of Mr Cameron’s winning a referendum campaign to stay in the EU. Another ambassador in Brussels doubted there would be support for the Franco-Belgian clause. “We’ll need a second referendum,” the ambassador said. “We need the UK in the EU.”
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