Brexit Papers: Who's in charge of Europe's Information Hen House? The Chickens or the Fox?
19, November, 2017

“The extended time limit expired on 16 November 2017.We have finalised the assessment of your application. However, as our reply still requires the approval of our hierarchy, we will not be able to respond within the extended time limit.I regret this additional delay and sincerely apologise for any inconvenience this may cause.”The present “political Commission” gives itself political freedom to ignore legal deadlines. It is strict on the legal obligations when it comes to the general public. They must hold to these deadlines. Otherwise the tax-paying public gets its wrist slapped. No information for you, whatever the Commission’s legal obligation to publish public information. You want information? Then start the months-long request all over again! My request was first lodged in August.
Robert Schuman, who launched the idea of the European Community on 9 May 1950, said the Commission should be impartial.
- * It is the public that is paying for the research.
- * It is the public’s interest at stake in the decision.
- * It is the duty of the Commission to have the public educated with fair, unbiased information before they make any decision regarding European Communities that need to be taken.
“There is/was (as the referendum has now taken place) an over-riding public interest in releasing the documents. It had been 40+ years since the British public were given the opportunity to say whether they wanted to be involved in the EU project, a whole generation never voted for it in the first place. They also have the right to know, if they vote yes, on what terms they will stay in the union.”The Commission had set up a UK Referendum Task Force (UKTF) under one of its most eminent lawyers and former Commission chief Spokesman, Jonathan Faull. The Commission refused to provide any information, even though the writer, Mr Harris, had replied inside the given time. His error? He did not add the magic words ‘I am requesting a review‘ after the first refusal of the Commission! (A refusal is normal Commission practice.)
“The Commission regrets not being able to derogate from the compulsory deadlines laid down in Article 7(2) of Regulation 1049/2001, as it is bound to treat all applications for access to documents according to the same rules so as to ensure equal treatment of those applications.”We can all envisage the tears of of the Commission shed, not being able to supply the necessary information before the 23 June 2016 referendum !! Tears of joy. Phew! we got out of a political row with the UK government and some nasty headlines in the British press! They may have accused the Commission of explaining the difficulties that Brexit would cause, the cost of the Brexit bill, the assault on Citizens’ rights and the impossibility of having a customs border in Northern Ireland which was not a border.
And Horror of Horrors! it may have raised the deadly question about NOT having a referendum on Lisbon Treaty. In their manifestos political parties promised referendums. In office each UK Government successively refused referendums on the democracy-changing treaties from Maastricht to Lisbon.
The UK governments had refused to have a referendum to validate the treaty. The same article, then called Article 59, had been roundly rejected by the French and Dutch referendums when it first saw life in the Constitutional Treaty. So how on earth could a rejected article be legally the basis for a non-binding Brexit referendum??