Thursday, January 10, 2008

Part Two Lisbon and Velsen (towards a police state).

The first part posted on 31st December is linked here.

Anne Palmer's thoughts on parts of the Treaty of Lisbon combined with other serious matters. 7.1.2008 Part Two. EUROGENDFOR V Our Constitution..

1) I had not even heard of the “Treaty of Velsen” until Torquil-Dick Erikson sent an e-mail about Eurogendfor to me. I know he has done a lot of work on Eurogendfor and has made very clear to many of us of his grave concerns and fears about it, so, as I skimmed through the pages of the Treaty of Velsen and in spite of the lateness of the hour, I just had to ‘burn the midnight oil” and read it through again.

2) I know that I cannot improve upon anything that Torquil has already written about Eurogendfor, but for those that have not read it through, I place here briefly what it Eurogendfor is about. At the moment it is a Treaty that has been signed by five Countries that are members of the European Union. These five are The Kingdom of Spain, the French Republic, the Italian Republic, the Kingdom of The Netherlands and the Portuguese Republic.

3) “The object of this Treaty is to establish a European Gendarmerie Force, which shall be operational, pre-organised, robust, and rapidly deployable, exclusively comprising elements of police forces with military status of the Parties (to the treaty), in order to perform all police tasks within the scope of crisis management operations.”

4) Could our Police Forces be classed as ‘police forces with military status’? We still for now, have separate (Regional) Polices Forces, although I do seem to remember there was mention of a National Police Force round about the time of the business of instigating the Serious Organised Crime Agency (SOCA). Have we been ‘conditioned’ to accept the sight of our Police in paramilitary uniform, armed to the hilt in our cities? Could the United Kingdom be dragged into the Eurogendarmerie?

5) On Monday February 9th 2004 Mr Blair announced an overhaul of Britain's law enforcement strategy, confirming government plans to create an FBI-style national force. Dubbed the British FBI, it brings together staff of four existing agencies - the National Crime Squad (NCS), the National Criminal Intelligence Service (NCIS) and the investigative arms of Customs and Excise and the immigration service. One item that caught my attention, “We note the opportunity to enhance border security and welcome any changes in protocol that will make this more of a reality” Do YOU believe that has been achievable? Are our Borders secure? Can we prevent terrorists entering this country along with illegal immigrants? Are the borders being mentioned above just on the outermost Regions of EU’s alleged territory? Is that something else the people know nothing about?

6) Viscount Simon (14th March 2005) made clear his concerns regarding SOCA when he told the House that the Police Federation had written to its members, currently on secondment to the National Crime Squad, advising them not to take up an offer of direct employment with their present organisation, which would lead to automatic transfer to SOCA where they would cease to be police officers thereby losing their status as Officers of the Crown. He went on to say that the new incumbent of the director general of SOCA---who used to hold the rank of Chief Constable---will be given the authority to designate the powers of a constable to his employees on a piecemeal ad hoc basis. If one follows this through, it means that an official appointed by a politician will decide who exercises the powers of a constable over their fellow citizens. Giving powers of a constable to those who do not hold the office of a constable severs the link between office and Crown. It is that crucial link that ensures that police officers act impartially, independently and outside political control. Police officers are accountable for their actions both on and off duty but will SOCA employees given the powers of a constable uphold these values?

7) Reading about CO19 shooting to kill, and I am thinking here of Jean Charles de Menezes, the innocent Brazilian Gentleman shot seven times in the head on Friday, July 22, 2005. He never stood a chance. No one ever took responsibility or stood trial for the shooting of this innocent man. WHY? Do they have immunity? Were they all British nationals? This question has not, or so I believe, been answered. It should be answered. The people should know.

8) Headlines in the Daily Mail 18.12.2004 “Palace Dismay as British FBI fails to swear its Allegiance”. Will SOCA and SO19 eventually come under Europol, or Eurogendfor? If these two former organisations are to remain under UK authority there really is no reason why they should not swear allegiance to the Crown and this Country. The other reason why they have not as yet sworn allegiance to the Crown is too horrible to contemplate. Perhaps through that paragraph one can see the real danger to this Country by ‘no discrimination on the grounds of Nationality”.

9) I look at Article 5 of the Treaty of Velsen; “Eurogendfor (EGF) may be placed at the disposal of the European Union (EU) and also of the United Nations (UN), the Organisation for Security and Co-operation in Europe (OSCE), the North Atlantic Treaty Organisation (NATO) and other international organisations or an ad hoc coalition”. So basically Eurogendfor may be put into use anywhere that may be deemed a crisis situation by the EU, perhaps a country that objects to EU Treaties or Legislation, especially if the Lisbon Treaty is ratified, or perhaps NOT ratified?

10) Article 16 (2) Eurogendfor Personal may possess, carry and transport arms, ammunitions, other weapon systems and explosives on the conditions that they are authorised to do so by their orders and that they do so in accordance with the laws of the Host State (HOST means the Party on whose territory the permanent HQ is located) and the Receiving State (The Party on whose territory EGF Forces are stationed or in transit).

11) Eurogendfor has many Privileges and Immunities, (Art 19). Individual Privileges (Art 20) and they also have Inviolability of the premises, buildings and archives (Article 21). In other words, Eurogendfor can basically do what it wants. Don’t you wish all of us had the right to do what we want? If they come crashing into your house in the dead of night, we might all wish our premises too were inviolable. (For now, they cannot do this in the UK) I believe even the innocent have much to fear, perhaps more so than the Criminal because criminals know the risks they are taking when they set out to break the law. My thoughts turn to my memories of how I watched newsreels of the Gestapo in action during world war two. Some tried to have us believe they were just propaganda films. Now? Who would have thought this kind of thing could happen in peacetime? Do you still think of the police are your friends?

12) Bob Spinks MP is obviously very concerned about the role of Eurogendfor because he asked a question in the House of Commons on 11.12 2007. Bob Spink (Castle Point) (Con): I am grateful to the Foreign Secretary for giving way; he is being most generous. At the Council, will he raise the question of the European gendarmerie force? Will he confirm that the force is now heavily armed and can recruit personnel from any EU member or candidate country, including countries such as Turkey? Will he give an undertaking that it will never be allowed to operate on British soil?

13) David Miliband: I only caught the end of the hon. Gentleman’s question, but I am happy to reassure him that a nation must give its consent before any operation can be held in it. END. We have governments now and in the past where they have been to eager to please the EU and to Hell with their own people and Country, as long as they appear to be “leading in ‘Europe’ or at its blesséd ‘heart’. It may well be that a National Country has to give its consent, but don’t they always, at least ours does as far as the EU is concerned. It goes running to be the good boy of Europe, every time.

14) There is no doubt at ALL that we have a Constitution, for, according to one member of our Government, even Bowling Clubs have a Constitution. It seems to me that there is no point in having a “Constitution” (the law above the law) in either, if it is not going to obeyed by all or it is changed at will or the will of foreigners. Our Constitution makes very clear for the whole Nation (and according to our Government, this is this a sovereign Nation) of the United Kingdom of Great Britain, that only British Nationals are to be recruited in places of National Security or sensitive organisations, Police Forces, Armed Forces, Magistrates, etc, this is recorded in the Act of Settlement and Magna Carta. (I am aware government has ignored our Constitution on this matter). However, I am writing this to show the sheer folly of ignoring or altering our long standing Constitution. (See also Bill of Rights)

15) The European Convention on Human Rights (ECHR) makes clear that there should be no discrimination on grounds of Nationality. The Lisbon Treaty also makes very clear that there must be no discrimination on grounds of Nationality. The longer we remain party to the ECHR-although we have had derogations on certain parts of it within months of us acceding to it - it becomes obvious we should never have incorporated it into our system of Government in the first place. We do not have to ratify the Lisbon Treaty though. Both are against our Constitution for we are indeed a “Nation” in our own right. As a nation state, we should decide who could enter our Country, who can sit in Government, who can be in our Forces, be Judges etc. There is already a great deal of difference between a UK National and a foreign National. British Nationals, from the moment they are born here in the United Kingdom of Great Britain, it is as if they have already sworn an Oath of Allegiance to the Crown and this Country. Many swear a further Oath of Allegiance depending on the position they may hold in later life. Foreign nationals do not swear allegiance to the Crown or this Country.

16) The Council of Europe’s European Convention on Nationality states Art 2-Definitions make clear that “The concept of Nationality was explored by the International Court of Justice in the Nottebohm Case. The Courts defined Nationality as a “Legal bond having as its base a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties (Nottebohm Case, ICJ Reports 1955, p23)

17) No discrimination on grounds of Nationality is fine if the European Union was one complete state, if it was one Country, or if all spoke the same language. Would I be allowed to sit in a French Government? A German Government? We are STILL separate Nation States at this moment in time and if we are still sovereign states, we should be able to decide who should sit in our Parliament, or fight for us or patrol our streets as policemen/women. We are putting our nation and ourselves at risk (jeopardy) in allowing other organisations decide foreign nationals should have the same status as British nationals. It makes a nonsense that we are separate Nation States. Only this week we have read that trusted forces of another Country have gunned down American servicemen. This is the reality of the situation. There is no loyalty we can trust of any foreign national and sometimes, as we know to our great sorrow, even some people born here in the UK have become terrorists in and against their own Country of birth.

17) The Crown is the continuity, the safeguard that makes this Country different from all others. To bear allegiance to the Government places too much power into the hands of would be dictators. We have witnessed this already. With no discrimination on grounds of nationality, we could have a French or German person as Prime Minister. Or indeed Government from Brussels. We could have a whole army made up of foreigners but could we call it a British Army? I have no idea who actually said, “the Law is an Ass”, but the no discrimination re Nationality is indeed in that category, UNLESS, it is part of a devilish, devious plot.

18) All British Nationals have a duty to defend the Queen (Crown) and country, particularly when the Country is in danger. This is also another great difference between a ‘British National’ and a ‘foreign national’ because the latter are not so sworn to do that. This is why Magna Carta is so very important. There is no question of whether they want to do this duty or not, it is something that has to be done. To destroy our Constitution is an act of treason and it is a cowardly act by traitors.

19) The greater part of the “Nationality” part of the Nationality Immigration and Asylum Bill has been brought about to comply with the provisions of the European Convention on Nationality” “The Convention will establish common rules and principles relating to nationality, multiple nationality and statelessness.” As far as I can ascertain, Lord Lester of Herne Hill’s question, (Lords Hansard 18th July 2002) “whether they will publish an explanatory memorandum describing their reasons for wishing to ratify the convention and the consequences of ratification for the United Kingdom law and practice? The consequences of ratification to the UK was never addressed.

20) In the new Citizenship ceremonies in Schedule 5, Nationality, Immigration and Asylum Act 2002 as well as making the sworn allegiance or affirmation to the Crown, the Oath there is also a pledge of commitment to the United Kingdom.

I, [name], swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.” (No Loyalty there then)

21) The pledge of commitment to the United Kingdom is as follows, “I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen. Loyalty is to the United Kingdom, respects its rights and freedoms (what freedoms do we, the people have left? Spied on, filmed, Data Base proposed, fined for any little misdemeanour.) Democracy? When we have been denied our democratic promised referendum?

22) Lastly “ITS” laws. As we know these laws are not instigated by the United Kingdom of Great Britain, they are instigated in the European Union and transposed into this country. MP’s and Government that ratify these Treaties are in Parliament to REPRESENT THE PEOPLE that voted them into power, and these MP’s and Members of Government know without doubt that the vast majority of people that placed their vote by their name, do not want the Euro, the EU Regions, the Common Agriculture Policy, EU Fishing policy etc. and have never had their say through the promised referendum. In 1975 they did have a referendum, we now know that lies were told in order to get a “Yes” vote to remain in what was then a Common Market, where there would be no loss of essential sovereignty. We are now in great danger of being permanently governed from Brussels if this Lisbon Treaty is ratified. So how can these new citizens of the UK be true to both the Crown and the UK laws when they are in truth, EU laws? The people are being cheated out of their country by cowards that do not have the guts to tell the people the treachery they have done.

23) I found what was proposed originally in the Gov Research Paper, “I [swear by Almighty God][do solemnly and sincerely affirm] that, from this time forward, I will give my loyalty and allegiance to Her Majesty the Queen Elizabeth the Second Her Heirs and successors and to the United Kingdom. I will respect the rights and freedoms of the United Kingdom. I will uphold its democratic values. I will observe its laws faithfully and fulfill my duties and obligations as a British citizen”. Obviously this was changed and disgracefully so because loyalty is now the heavy burden belonging to the United Kingdom, at least, for as long as it lasts. This is demeaning our Monarch.

24) When the Crime (International Co-operation) Bill (HL):’Hot Surveillance’ was going through the House of Lords round about 2003, it had a very rough ride, especially when the debate touched upon whether Foreign Nationals could carry their service weapons here in the UK. I read and followed much of the debates on this issue at the time, there really appeared to be much argument about this matter and most certainly disagreement stemmed from the background of our Constitution.

25) Article 40 of the Schengen Convention allows police and customs officers of EU member states to continue surveillance of a person suspected of a serious crime into another member state (for up to five hours). On the continent, where it is possible to stand with one foot in one country and the other foot in another Country, matters might be more relaxed and easier to operate with the joining Country and ‘national’ officers may even be waiting at the border to assist. Here in the UK, the only such joined up border is between Northern Ireland and Southern Ireland, so there was much discussion as to what happened when in “Hot Pursuit” crossed the channel. The dividing line seems to be about halfway across the English Channel Waters. Schengen also states that “Officers carrying out surveillance may carry their service weapons during surveillance save where specifically otherwise decided by the requesting Party; their use shall be prohibited save in cases of legitimate self-defence”. If our territorial waters (seas and oceans) are transferred to the EU for their “Motorway in the Seas and Oceans”, it will become ALL EU Territory anyway.

26) The Government wanted very much to take part in this section of Schengen Art 40 (30(d) but Barbara Roache (then a Home Office Minister) explained that Foreign Officers would not be permitted to carry firearms here in the UK for UK Law does not permit the carriage of firearms unless specifically and individually authorised by the Chief Officer of Police. I followed the debate fully at that time because of our Constitution regarding the sensitive issue of GUNs, Dunblane and the handing in of guns, the Bill of Rights and mindful also of the Bill of Rights case by Michael James Burke.

27) One could imagine the outcome if the people were deprived of having guns for their defence, (Bill of Rights) and now allowing foreigners fully armed wondering about the streets of our sovereign Country. The Government though were fully intent of being part of Article 40. 3 (d) and was trying very hard to find ways to take forward co-operation in this area consistent with UK law. The only fixed link (The Channel Tunnel) was deemed to be “Sue Generis”; neither land nor sea border and thus, as above, halfway across the English Channel Waters. In spite of all the concerns, debated fully, there was no mention in the Bill of any firearms restriction.

28) What was very clear through reading this Bill is that as far as Continental countries were concerned the questions above would not arise because their internal borders have on the whole been dismantled and movement between them is completely free. Whereas, any foreign officer coming to the UK would have to go through immigration control and show he/she has a valid basis for entry to the UK.

29) ‘Liberty’ highlighted its concerns about police accountability-or as I see it-lack of accountability, “We have enough problems regulating our own authorities’ use of surveillance in the UK. Giving these powers to foreign police, even for a short time, opens the door to arbitrary foreign police action against British citizens on our own soil”.

30) Just how little Parliament is left to do was highlighted in 2003 Research Paper 03/30 when Baroness Anelay of St Johns said, “The Bill implements so many elements of the Schengen acquis and related agreements that it looks as though the Government are leading us gently by the nose into Schengen by the back door...How much has our scrutiny role in the UK Parliament already been undermined by the Government’s signature to various protocols and agreements? Exactly what room for manoeuvre does Parliament have to improve the Bill? The full regulatory impact assessment lets the cat out of the bag. It tells us that the government have already agreed, to urgently ratify the Protocol”. “Ministers have already agreed “to ratify the protocol in the UK and are under an obligation to do so…Failure to ratify the protocol in the UK would break an international agreement”. So even then Ministers apparently usurped Parliament’s powers to reject the Bill if they had wished so to do. If the Lisbon Treaty were ratified that is how it would be ALL the TIME.

31) However, the Lisbon Treaty must not be ratified. MP’s must choose between not ratifying the Treaty (Contravening International law as per Lord Denning indicated could be done and we would recover) or losing the governing of their Country forever, and in ratification of the Treaty violate their solemn Oaths of Allegiance to their Queen (Crown) and 70 million people in this Country, as I believe the ratification of the first Treaty of Rome was also a violation of that solemn Oath. That is not only the greatest betrayal of all, it is the greatest betrayal of the Crown and the destruction of this Country as we, and they have known it. Not since Guy Fawkes will there have been such a diabolical action by people that have been placed in a position of trust and guardianship of their Country. The people however, have a duty to do and that is to look to Magna Carta once more.

32) The people have been quite deliberately deceived in the muddling of the Lisbon Treaty by the EU and in this country by our own politicians. There is enough evidence to prove that this Treaty is not (or should not be) acceptable even to the Vienna Convention on the Law of Treaties-the latter an agreement all countries involved have agreed to. (Covered in Part one)

33) We have fought many battles against terrorism and terrorists, and such is fear of terrorism that even known associates or friends of terrorists are now ‘suspect’, yet known terrorists or acquaintances of terrorists that tried to blow up a sitting government have been welcomed into Number 10.

34) Only because they would not swear the Oath of Allegiance have they been prevented from taking their seat in Parliament. Some MP’s even tried to have the oath changed to allow for them to join the rest of them in Parliament. Those that were involved in the plot to kill a sitting Government should have been tried for treason. The IRA fought all along for one Island of Ireland, they may get that under the Treaty of Lisbon although to the EU, Ireland will be simply, “one EU Region”.

35) Torquil is quite right, there is certainly a great deal to worry about over Eurogendfor especially if the Lisbon Treaty is ratified with us still in the EU. Whether we have signed up to the Treaty of Velsen or not, once the EU has its hands in the pie, I can see any British Government wanting to be at the heart of the Union still keen and eager to join Eurogendfor. In a paper dated 6.11.2007 we were notified about the Rapid Border Intervention Team’s first time in Action and there is of course a keenness for the UK to join Frontex and a further development of RABITS within Frontex. Our Government has put forward a paper to clear up the alleged ‘myths’ regarding Frontex, which they seem keen to join that too, for there is a Consultation paper out on it to be concluded by September. In all these papers re more policing, watching, pressurising, never once was there mention of liberty, freedom, and your happiness at being in the EU.

36) Our Politicians have to decide whether to contravene International law or continue to go deeper into the European Union. They have a choice; the people they serve do not have a choice. They should ask themselves when would the integration into the European Union end? They know that eventually this country will have to “have the Euro”, that this Country will be governed through ‘its EU Regions’, that there will only be a European Army, Navy and Air Force and that the Union will control ALL our seas and the rich resources in it and underneath the sea bed, our air space and land.

37) NATIONS, separate Countries will be gone forever and we will be of Europe but never IN Europe for we will always be but a small, cranky, off shore island just off the continent of Europe. The European Gendarmerie Force will be very active I should imagine here in the UK. Is this what our Politicians want?

38) Almost everything I have written about here has touched upon our Common Law Constitution. Will the EU eventually send in the Eurogendarmerie here in the UK complete with their high-powered guns? Will the people remain unarmed, having lost the fight to keep them for their defence of their country as written in the Bill of Rights? Will they obey that law having seen their own politicians ignore this Countries long standing Common Law Constitution? Or will the people see the Eurogendfor as an invading force? A force that might creep into this country one by one, silently in the still of the night? Or will the European Gendarmerie parade brazenly and proudly as a grand body of men and women as in victory?

39) The thousands of years of history, our Constitution that lasted under the likes of Winston Churchill will also be gone forever if the treaty is ratified. Will our politicians realise too late all that they have lost by giving away, willingly and freely? And sadly will they come to realise that the peace the European Union was supposed to bring will be also gone forever? Loyalty will of course be to the EU and its flag will fly all over our (occupied) Country if they ratify the Treaty of Lisbon. Ratification of the Treaty is not the end, but it is the beginning of the end for there is no return from this constitutional Treaty for we will have given too much sovereignty (authority) away to claw any back-not that the EU would allow us to have anything back. EVER.

40) What if the Eurogendarmerie that presents itself (if it ever is allowed to) here in the UK, is made up of British personnel? Ah yes, what then? Anne Palmer

Pictures of the Treaty signing ceremony at Velsen here

http://www.eurogendfor.org/eurogendfortreaty/treaty.html

Download the EGF Treaty in .pdf

http://www.europolitics_3407_special_treaty.pdf I have tried this and it seems to no longer work, however, I can send as attachment if required.

Pictures of EU Forces from the federal Government of Germany (about 34 pages) European Security and Defence Policy held on http://www.auswaertiges-amt.de/diplo/en/Infoservice/Broschueren/ESVP-EN.pdf in glorious Technicolor.

http://www.europolitics.info

Judgements of the Court of Justice case C-77/05 and case C-137/05 United Kingdom of great Britain and Northern Ireland v Council of the European Union. http://www.statewatch.org/news/2007/dec/uk-ecj-borders-prel.pdf

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