18:39 - The House divided: - Ayes: 475 / Noes: 59 - Question accordingly agreed to.
The Minister for Europe (Mr David Lidington)
I beg to move,
That the draft European Union Referendum (Date of Referendum etc.) Regulations 2016, which were laid before this House on 22 February, be approved.
The statutory instrument before us does a simple, but critical job: it puts in place the necessary legislation to enable a referendum to be held on 23 June this year. It is the last piece of legislation that will be debated in this Chamber to make that vote possible. As such, it represents Parliament taking the final steps towards an historic moment when, for the first time in over 40 years, the British people will be given their say on the United Kingdom’s membership of the European Union.
My right hon. Friend the Prime Minister announced a few days ago his intention to hold the referendum on 23 June, and the Government believe that that strikes an appropriate balance, giving plenty of time for a vigorous and comprehensive debate. Ultimately, however, the date is a matter for Parliament to decide, and as set out in the European Union Referendum Act 2015, it is a decision that must be approved both here and in the House of Lords.
Sir William Cash (Stone) (Con)
I am fascinated by my right hon. Friend’s reference to vigorous and open debate, because it is quite clear from the preceding urgent question and from many other matters that have come to light recently that the one thing that everybody needs—information—is the one thing that people are going to find themselves deprived of. If the voters do not have balanced, impartial and accurate information, what are they supposed to do?
Mr Lidington
My advice to any elector would be to look at what the Government are saying and advising, but also at what the various campaign groups and other organisations in this country are saying. I will come later to the designation of campaign organisations. We need this statutory instrument to be approved, among other things, to make it possible for the Electoral Commission to go ahead and designate the campaign groups on each side of the argument, and give them access to the privileges that come with that status, precisely so that they can go out and present their case and make information and argument available to the people to whom my hon. Friend refers.
John Redwood (Wokingham) (Con)
I am very happy to have an early referendum, but did the Government decide not to push back on the absolutely pathetic non-offer we were made because they did not think we were ever going to get anything worth having out of the EU?
Mr Lidington
On the contrary, my right hon. Friend the Prime Minister secured a deal that has brought some significant reforms to the European Union. I would advise my right hon. Friend to look at the reaction in many European capitals, in the media across Europe, and in the European Parliament, which has very largely been one of considerable surprise at the degree to which the Prime Minister of the United Kingdom was able to secure reforms. In some cases, that commentary involved a fair measure of criticism of other Government leaders for conceding what was believed to be too much.
Mr Lidington
I will give way to the hon. Lady and then I must ask the House to allow me to make some progress.
Mr Lidington
First, the letter was not ignored, and we certainly took account of the views of the devolved Administrations even though we decided in the end to disagree with their recommendation. I want to come to that point at a later stage in my remarks.
The date is just one element of the order, but clearly the most important, because the remaining elements largely flow from it. I will therefore explain the Government’s thinking on the date and then turn to the rest of the order. There must be enough time for a full, serious and considered debate that allows all the issues to have a full airing, and the campaigners must have enough time to put their case to the British people. On the other hand, although this may grieve some hon. Members, the campaign cannot continue indefinitely. The vote should be timely, while the issues are live and the details fresh—and we should also be wary of testing the public’s patience. Several prominent campaign groups are already active on both sides. Following the Prime Minister’s announcement on the outcome of the renegotiation, the debate on the referendum question will now begin in earnest and is already starting to gather real momentum.
The Government selected 23 June because we needed enough time for a proper airing of the issues, and we thought that any sooner would risk curtailing that debate, but to go any later would test the patience of the British people. School holidays in Scotland begin on 24 June, and from then people will be travelling and enjoying their summer. Later than 23 June would mean, in essence, waiting until after the summer holiday period had concluded in all parts of the United Kingdom and in Gibraltar. Frankly, I think that the British people would have found it very difficult to understand if we had asked them to wait seven or eight months after the conclusion of the renegotiation before they could have their say.
Philip Davies (Shipley) (Con)
I have previously raised with my right hon. Friend the fact that a European Council meeting is also scheduled to take place on 23 June. What can we do to ensure that, if the leave campaign looks to be gaining momentum at a late stage, that will not be used to pretend that there are things on the meeting’s agenda to try to change people’s opinions, or that things will not be leaked in advance of that meeting to try to give people the impression that the Government have agreed a better deal than is actually the case?
Mr Lidington
I think my hon. Friend needs to study more carefully the words both of the document published at the end of the renegotiation and of a number of other European leaders. They could not have made it clearer, first, that they were not interested in a hypothetical further renegotiation in the event of a vote to leave, and secondly, that the very important safeguards that my right hon. Friend the Prime Minister secured during the renegotiation would lapse automatically in the event of such a vote. That is written into the document itself.
In practical terms, holding the vote on 23 June means 18 weeks between announcing the deal and the vote, and a full 10 weeks’ regulated referendum campaign period, with six weeks for the designation of lead campaigners, thus meeting the Electoral Commission recommendations. We envisage that the designation process will be commenced on 4 March and that the Electoral Commission will have to designate the two umbrella campaign groups by 14 April at the latest. The Electoral Commission supports the Government’s approach to the timing of the referendum. Last week it published its assessment of readiness and said that it was content that the date
“does not pose a significant risk to a well-run referendum”.
It is true, as the hon. Member for Vauxhall (Kate Hoey) has said, that there are still some concerns about the date, particularly among Members of the three devolved Administrations and right hon. and hon. Members in this place who represent those three parts of the United Kingdom. In particular, the right hon. Member for Gordon (Alex Salmond) expressed concern during Foreign Office questions about the possible interaction with the elections in Scotland, Wales and Northern Ireland on 5 May, which is also the date for various local and mayoral elections in different parts of the United Kingdom.
I think that those fears are misplaced, not least because multiple elections are already being held on 5 May. I really do not understand why a referendum that will take place a full seven weeks after the date of the devolved parliamentary and Assembly elections should be regarded as disrespectful. By contrast, I would argue that we are treating voters with respect when we assume that they should be perfectly capable of distinguishing between two different campaigns that will be nearly two months apart.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
The Minister has just confirmed that the official campaign will launch bang in the middle of the devolved Administrations’ campaigns. It is quite an achievement to get Sinn Féin, the Ulster Unionists, the Scottish National party, Plaid Cymru and the Labour party in Wales to agree on anything. Why is he not taking seriously the concerns expressed by all those parties?
Mr Lidington
For the reasons I have given, I think that to have left the referendum until autumn, which was the next window available had we ruled out 23 June, would have tested the patience of the British people for the duration of the campaign. The campaign has already got under way. What will start in the period described by the hon. Gentleman is the regulated campaign period, during which special rules on campaign expenditure apply.
Tom Brake (Carshalton and Wallington) (LD)
Will the Minister take some reassurance from the fact that in the canvassing that I have been doing for Caroline Pidgeon, the Liberal Democrat London mayoral candidate, I have found that voters have no difficulty whatsoever in understanding that there will be elections for the London Mayor and the London Assembly, and that the European referendum will take place a few weeks later?
Mr Lidington
The right hon. Gentleman puts the case very well. Others have said that June is simply too soon, and I do not agree. Traditionally, in our history, a general election has been held with only six weeks’ notice. Only since the implementation of the Fixed Term Parliaments Act 2011 under the coalition Government have we moved away from that practice. The referendum has had a much longer gestation period. The intention to hold a referendum before the end of 2017 was announced in the Prime Minister’s Bloomberg speech in January 2013, and it was reaffirmed at the general election last May, and again when the European Union Referendum Act received Royal Assent in December 2015. The intended date was announced four months in advance. The referendum has been a long time coming.
Patrick Grady (Glasgow North) (SNP)
The Scottish independence referendum was held in September, and, if anything, the campaign benefited from the fact that people could campaign during the warm summer months with extended daylight hours. What advice does the Minister give to the devolved Administrations, who will no sooner have come out of a pre-election purdah period than they will have to go into a pre-referendum purdah period, just as they start implementing the manifestos they were elected on?
Mr Lidington
Of course, the purdah rules vary depending on the nature of the election concerned. The purdah rules for devolved elections limit what Government agencies can say and do in respect of devolved matters. We are talking about the question whether the United Kingdom should be in or out of the European Union, and that is, without any doubt whatsoever, a reserved competence in respect of all three devolution settlements.
Peter Grant (Glenrothes) (SNP)
The Minister is trying manfully but, dare I say it, completely unsuccessfully to explain what consideration the Government have given to the strong representations they have had from the elected Governments of 75% of the equal partners in this Union. I appreciate that he does not have time to do so now, but will he undertake to make sure that full details of the Government’s consideration of that letter are placed in the Library of the House as soon as possible after the debate?
Mr Lidington
We took account of that letter. We also took careful account of the specific request from the official foreign affairs spokesman of the Scottish National party, the right hon. Member for Gordon, during Foreign Office questions on 12 January for an assurance that the date of the referendum would be
“at least six weeks after the date of the Scottish, Welsh and Northern Irish elections”.—[Official Report, 12 January 2016; Vol. 604, c. 683.]
That request made by the right hon. Gentleman—I presume on behalf of his party, for which he was speaking at Foreign Office questions—has been met, and has been met in full.
The Electoral Commission has confirmed that it is content with the Government’s proposals and has said that, in its view, arrangements for a well-run referendum are now well advanced. The statutory instrument has been considered by both the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee. Both have considered the statutory instrument, and neither found any cause for concern.
I turn now to the other aspects of the regulations. They are very much in line with the framework set up by the European Union Referendum Act 2015, so I shall be brief. As well as setting the date, the regulations do three things. First, they set the start date for the designation process. That is the process by which the Electoral Commission appoints lead campaigners on one or both sides. We have followed the Political Parties, Elections and Referendums Act 2000 and allowed a full six weeks. That will give campaigners a four-week window to finalise and submit their applications, after which the Electoral Commission will have up to two weeks to decide which, if any, applicants to designate as the lead for each side. Let me be absolutely clear, to avoid misunderstanding. The regulations do not tell the Electoral Commission how to make its decision. That decision is entirely impartial, and the test the Electoral Commission must apply when making its decision is set out in the Political Parties, Elections and Referendums Act, as modified by the European Union Referendum Act. All the regulations do is set the start of the process as 4 March, while the rest of the timetable, finishing on 14 April at the latest, was set by the 2000 Act.
Mark Field (Cities of London and Westminster) (Con)
Will the Minister give us some indication of whether the Electoral Commission’s designation process is open to challenge, and if so, of how that challenge would operate?
Mr Lidington
Any executive decision by any public authority might be at risk of judicial review, but criteria for the Electoral Commission are set out in PPERA and they will guide the commission in making its assessment. I am sure that the commission will want to explain its verdict when it is published. There would have to be a pretty overwhelming case for a judicial review application for it to succeed, but such an option is available.
The Electoral Commission’s initial guidance for campaigners on this issue was updated on 5 February, so potential applicants have had plenty of notice. The commission has also now published the application form online. I remind the House that the lead campaigners, once designated, will receive a number of benefits, including a higher spending limit of up to £7 million, a free delivery of mailings to every household or every elector and, assuming that campaigners are designated on both sides, access to a grant of up to £600,000 and access to a broadcast.
The second additional element in the regulations is the referendum period—namely, when full financial and campaigning controls apply and, in particular, when spending limits are imposed on campaigners. The referendum period, as set out in the regulations, is a full 10 weeks and will not overlap with the designation process. That was the approach recommended by the Electoral Commission. The referendum period will, under the regulations, start on 15 April.
Kate Hoey
The Minister may be coming on to this, but will he clarify very clearly and succinctly how this will affect Government spending? I do not mean the Government, but the Cabinet members who support staying in as opposed to those who do not. How will that work for them?
Mr Lidington
The limits on what the Government can do are set out in section 125 of the Political Parties, Elections and Referendums Act 2000. The hon. Lady will recall that that provision was the subject of significant debate when the European Union Referendum Bill was going through its stages in the House. The so-called purdah restrictions remain those set out in the 2000 Act. In addition, in requiring the Government to publish particular items of information, the European Union Referendum Act states that the Government must do so at least 10 weeks before the date of the referendum. Those are the restrictions that she asked me about.
Finally, the regulations set out the periods for reporting donations and loans received by registered campaigners, and set the deadline by which the reports must be submitted to the Electoral Commission. The purpose of those arrangements is to ensure that sources of campaign finance are visible and public before the poll, so ensuring that the campaign is transparent.
The decision before us is a simple one: when should the British people have their say? We believe that 23 June strikes the right balance: it gives time for a substantial campaign, without testing public patience. There is time for campaigners and political parties to make their cases, and for the British people to decide. I commend the regulations to the House.
Pat Glass (North West Durham) (Lab)
We seem to have focused on process for so much of today that I hope this will be the last time we do so.
I want to check some of the details of the statutory instrument with the Minister. It sets the date of the referendum on whether the United Kingdom should remain a member of the European Union. It also prescribes the length of the referendum period, the start of the period for applications to become a designated organisation, and the periods for the reporting of donations or regulated transactions. If would be good if the Minister nodded.
Pat Glass
The main purpose of the statutory instrument is to set 23 June 2016 as the date of the referendum, which will take place over the whole of the UK and in Gibraltar. It prescribes the referendum period, which will begin on 15 April 2016, and it prescribes 4 March 2016 as the start of the period in which applications can be made to become designated organisations in the referendum. I understand that that poses no problem for the organisations in the remain campaign, but those in the hopelessly splintered out campaign seem to be having a much greater problem. Now is the time for them to get their act together if they are to hit the deadline.
The statutory instrument also sets out periods for the reporting of donations or regulated transactions—for example, loans—by permitted participants who are not registered parties or are minor parties. It sets out the dates on or before which reports must be delivered to the Electoral Commission. Okay so far?