European Union Referendum Bill Debate
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Baroness Anelay of St Johns
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European Union Referendum Bill
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The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, my noble friend’s Amendment 12 would introduce an overall cap on referendum spending by political parties and the designated lead organisations that will campaign for each outcome: either leave or remain. As my noble friend explained, it arises from his concern that the rules as they stand create great unfairness and that the remain side will be able to spend more than the leave side.
Amendment 12 would unpick one of the fundamental principles in the Political Parties, Elections and Referendums Act 2000, which provides a framework for this as for other referendums since its passage. My noble friend Lord Forsyth asked why we have limits and why are they linked to the results of the general election. My noble friend Lord Hamilton asked how we arrived at the provisions. We arrived at them after an exhaustive and exhausting parliamentary method of having draft legislation scrutinised carefully by Members of both Houses. After draft legislation, a Bill was drawn up that reflected the submissions that had been made. In particular, the Fifth Report of the Committee on Standards in Public Life, chaired by the noble Lord, Lord Neill of Bladen, provided recommendations that led to PPERA being passed. These provisions have been in place for 15 years. I was in the House 15 years ago. I did not take part in discussions on the Bill—at the time I was on the Front Bench carrying another brief—but I recall that much careful attention was paid to the Bill.
Having said that, I appreciate that there are concerns about unfairness. In this particular case, the concern appears to be that particular parties may support particular sides of the referendum. That is as may be. The report produced by the Committee on Standards in Public Life considered an overall cap for all campaigners on each side of the argument. The noble Lord, Lord Neill, concluded:
“The administrative apparatus required would resemble one of Heath Robinson’s most outlandish contraptions—and would almost certainly not work”.
Those are his words, not mine. As well as being administratively impractical, the report further noted that such a cap,
“would, or at least might, impose an unwarranted restriction on freedom of speech”.
I appreciate that my noble friend has tried to avoid some of the pitfalls of his earlier amendment in devising this one by focusing purely on certain categories of potential campaigners—the political parties and the designated organisations. However, as others, including the noble Lord, Lord Collins of Highbury, said, if one is a Conservative and finds that one’s national party is taking a neutral position, there are still places where one can put one’s money if one wants to bet on the outcome of the referendum. Political parties will not be the only campaigners at the referendum—far from it.
Although I know that my noble friend has tried to take great care to narrow down his amendment and focus it more, it still will not deliver what he might intend. The amendment provides that the Electoral Commission must set an overall spending limit and can then apportion this between the political parties and lead campaigners on each side. We believe that the spending limits are a matter for Parliament. They were decided by Parliament in legislation, on the basis that changes would also be made by legislation. The spending limits which apply to the EU referendum are therefore in the Act and, as I said, have been in operation for 15 years.
There is no guarantee that each of the campaigners within the umbrella cap will be able to raise the funds necessary to hit the spending limits. One or two noble Lords have referred to that, perhaps with some feeling of regret. We will have to see what happens. Perhaps to avoid the risk of restricting freedom of speech, the amendment does not deal with the other committed participants, each of whom will be able to spend up to £700,000. So the referendum will not only feature campaigning by political parties and the lead campaigners; there will be interest, and lots of voices, on both sides. But I would say that it is highly unlikely that exactly the same number of committed participants will register on each side of the argument. One can imagine that it would take an imbalance of only 10 campaigners on one side or the other to create a £7 million difference in overall potential spending.
These are the kind of vagaries with which this House and another place had to struggle when the initial Bill was considered and became an Act. Indeed, I note that when the draft Bill was published, the spending limits for political parties were the same—but it was then challenged during the course of the scrutiny of the Bill, particularly by the Committee on Standards in Public Life, which questioned whether it was right that political parties were subject to the same limits regardless of their respective number of MPs. So the sliding scale that we see now in PPERA was introduced in response to consultation on the Bill back in 2000. Therefore, we are not seeking to amend that basic framework.
These matters have been of concern before and I recognise my noble friend’s concerns, but they were considered carefully when the legislation was under consideration here, both in draft form and on the Floor of the House. Certainly, it is the case that the approach taken in this Bill by applying PPERA is that those who seek to spend modest amounts—that is, no more than £10,000, which I know some people reading this debate in Hansard may consider is by no means modest, but in the context of elections it is—can decide not to register and so be subject only to a relatively light-touch regulatory regime. Meanwhile, to prevent wealthy campaigners having an undue influence, there are individual spending caps for those who register.
What we see in the Bill is a well-established approach which is practicable and enforceable and, most importantly, encourages participation. So although I understand my noble friend’s concerns, I hope that, with that explanation, he will feel able to withdraw his amendment.
Lord Forsyth of Drumlean
Oh dear. I have to say to my noble friend that, although I understand the practical difficulties, she has not addressed the point. The reason why we have spending limits is to create fairness. People will be able to provide funding through political parties and other organisations. Some may say that people could set up 10 organisations to compensate for a political party’s spending, but a political party will have an organisation on the ground. It is not about the quantity of money; it is also about how it is spent, the organisation and the machine behind it.
Throughout the conduct of this Bill, my noble friend has been extremely patient and helpful and I pay tribute to the way in which she has handled the Bill, but this just will not do, because the Government’s declared policy is that there should be seen to be a level playing field.
Baroness Anelay of St Johns
My Lords, I am not trying to address the overall point of fairness. In each and every referendum, the perception of what is fair will vary according to the position taken by the groups, as my noble friend has pointed out in his amendment, and according to the nature of the event. I am saying that these matters were considered carefully by this House and another place in drafting the legislation used for referendums. It is only on that basis that I am explaining that there is statutory provision for how we address the matter of donations. I am not seeking to put the world to rights in this case, in the way that I know my noble friend would like to put it to rights, as he sees it. I am saying that there is a statutory basis on which this system has to rely.
Lord Forsyth of Drumlean
But my noble friend is the Government. It is not necessary to rely on the provisions in the PPERA legislation. It would be perfectly possible to put in place arrangements with regard to expenditure that ensured fairness. Once this legislation is in place, if it remains as it is, throughout the whole campaign I certainly will be arguing that it has been rigged in a way that gives an advantage to people who wish to stay in the European Union. I can understand why the Labour Party may feel at the moment that it may not be able to get lots of funding from people, but there will be people who will see this as an opportunity to provide more resource for what they believe to be an appropriate decision for the country. If we end up with limits that have the perverse effect of giving one side more funds than the other, it will be a source of grievance throughout the campaign—and if we end up with a close result, as has already been pointed out, people will argue that the result was bought and that it was unfair.
I understand the difficulties from the Government’s point of view, but to argue that legislation that was passed in 2000, which was thinking of referenda where, by their very nature, political parties would be divided, as opposed to this European issue where the first referendum was about sorting out the problems in a divided Labour Party—
Lord Collins of Highbury
Precisely because of the point that I make: I suspect that such intervention will have completely the opposite effect, whereas in Ireland perhaps it even encouraged people. I do not think that that will be the case here. If there is seen to be interference, people will see it that way and will not be very happy.
I am grateful to the Minister for circulating the correspondence on this, including the commitment by the Commission. Obviously, it states that it will carry out its treaty obligations, but in no way will it be involved in anything that could be perceived as interference in a matter that is strictly for the British people and the British Government—I agree with the noble Lord, Lord Wallace, on that.
Turning to the amendment in the name of the noble Lord, Lord Forsyth, I think that there is a legitimate point here that needs to be properly addressed—he should not look so surprised that I agree with him; I suspect that we agree on a lot of things. The point is that we have an offence where the sanction is in a way paid by the victim, which does not make sense. The Electoral Commission does not agree with the formulation because it does not want to accept such a responsibility. In Committee, I referred to sanctions other than judicial review that could be considered in relation to individuals. In all walks of life, people are subject to such sanctions. In the case of public office and civil servants, there is the Ministerial Code and the Civil Service Code. I would be keen to hear from the noble Baroness whether she has given any thought since Committee to how we can have a regime where, if an offence is committed, the perpetrator pays the cost and not the victim.
Baroness Anelay of St Johns
My Lords, Amendment 13, tabled by my noble friend Lord Hamilton, relates to the role of the EU institutions during the referendum. It follows the wording of a similar amendment that my noble friend tabled in Committee. The concern that he and other noble friends have expressed is that EU institutions may have an undue influence on the outcome of the referendum.
Although there are differing views on that, it is no doubt a legitimate concern and certainly one which the Government share. This is a referendum to be held on Britain’s membership of the European Union. It is therefore clear that the impression of outside interference or direct campaigning by overseas bodies with a vested interest would undermine public trust in the outcome. It would also be completely counterproductive; I think that people would see through it.
That is why the Government have ensured that sensible controls will apply on who can spend money to influence the referendum and how they can be funded. Some 44 of the Bill’s 62 pages relate to exactly these issues.
Campaigners at the referendum can accept money only from individuals or bodies who have a sufficient connection to the UK or to Gibraltar. In Committee, I went through in detail issues relating to permitted donors and permitted participants—I think that it would be wrong if I tried to go through that again on Report.
As the EU institutions are not eligible donors, a permitted participant would be committing an offence if they accepted money from the EU institutions to campaign. I should re-emphasise that permitted participants cannot accept donations of more than £500 from EU institutions. In part, therefore, my noble friend’s amendment is unnecessary.
The amendment has another arm to it, which applies directly to the EU institutions and would prevent them actively engaging in campaigning.
Baroness Anelay of St Johns
My Lords, I wonder whether I might address my noble friend’s point, because we are on Report and I am trying to give an answer to questions put by him in speaking to his amendments.
Specifically on that point, in the letter that the European Commission wrote—I refer to the letter that was circulated—the last part states that,
“the referendum itself and the related campaigns are a matter for the British government and the British people in which the Commission, in view of its institutional role, cannot and will not take an active part”.
I gave an undertaking, which the Government have fulfilled and will continue to fulfil, that we will engage at a diplomatic level with the European Commission to ensure that that is observed in spirit as well as in the letter.
Lord Stoddart of Swindon
On the question of EU institutions that broke the rules, what sanctions could be used against them?
Baroness Anelay of St Johns
I am saying that we are working with the European institutions and they should not break the rules. That, of course, is a matter of interstate agreement.
Where the institutions are operating in their official capacity within our jurisdiction they are afforded immunities and privileges under EU law. I know that the noble Lord has previously referred to that. However, as the Government have already made clear, the best way to prevent EU institutions from influencing the outcome of the referendum is through the process of constructive dialogue. That is what we have been doing and will firmly continue to do. That is why I circulated the letters. Indeed, I note that a written question was put in the summer or the spring—I suppose you could call it autumn in parliamentary terms; I always wonder what the seasons are—and on 4 September an answer was given by President Juncker on behalf of the Commission. He simply said that the Commission does not campaign in national referendums. We will hold him to that, and that is exactly the point.
Lord Hamilton of Epsom
My noble friend has referred to constructive dialogue. Does she think that there was constructive dialogue between the Irish Government and the EU when they put out 1.1 million leaflets, at a cost of €139,000, during the Lisbon referendum? Presumably the Irish Government were quite happy that the leaflet should go out, but it upset the people who did not want to accept the Lisbon treaty.
Baroness Anelay of St Johns
My Lords, the Government would not be happy with any such move and the European Commission is clearly aware of that. We are not the Irish Government and this is a referendum on a different matter.
I understand and recognise the legitimate concerns about these matters and that is exactly why the Government are putting so much effort into trying to address them. It is not a matter of taking our eye off the ball: we will continue working on these issues.
My noble friend Lord Hamilton has tabled two amendments, Amendments 18 and 19, to Clause 6. The clause provides a power for the Minister to make regulations modifying Section 125 for the purposes of the EU referendum. However, I repeat the assurance that I made in Committee that the Government have no plans to use the regulation-making power under Clause 6. I tried to make that as clear as I could. I appreciate though that my noble friend seeks to limit the power so that Ministers can make regulations only where they have reasonable grounds to consider that regulations are necessary to secure the continuing function of the Government or the safety of the public or a section of the public.
This follows on from our discussion in Committee when noble Lords were trying to get me to posit the future—to look into a crystal ball and say, “This is what may happen”. The very nature of why Clause 6 was inserted in another place was because this would be something that people could not foretell. Not one voice in the other place was raised against Clause 6 going into the Bill. We ought to bear that in mind because, having given the undertaking that we have no plans, we cannot foresee the future. We have to have a care for the safety and security of this country and it would be unfortunate for this House to consider constraining the ability of the Government properly to be able to respond.
The reason, I suspect, why not a voice was raised in another place is that safeguards requested by the other place were put into the use of this power before the amendments were brought forward. These state that regulations would need to be made at least four months ahead of the poll following consultation with the Electoral Commission—and of course that would be subject to the affirmative resolution procedure in both Houses.
As I say, although there are no plans to use the power, there may be exceptional circumstances which would require the Government to lay regulations before Parliament on this issue. No doubt we would all be rather surprised if that were to happen, because, as I say, we have no plans to do so at the moment. However, a responsible Government should be able to keep the power available.
My noble friend also tabled an amendment to remove Clause 6(8) because he is worried that it might ensure that the Government cannot disapply the restrictions in Section 125 under the power in Clause 4. What I hope to be able to do is give my noble friend a reassurance that his concerns are misplaced in this respect. I can assure him that Clause 4(1)(c) as currently drafted simply would not allow the Government to disapply in regulations the restrictions in Section 125 for the EU referendum; we could not do it. Like Clause 6, it could be used to modify aspects of Section 125, although we do not have plans to do so. But we consider that Clause 6(8) is necessary for a rather technical reason. It ensures that the power to amend Section 125 in Clause 6 does not in any way call into question the general regulation-making power in Clause 4 to make modifications to PPERA for the purpose of the EU referendum. The general regulation-making power is essential for aspects of the published conduct rules; it is not about the purdah enshrined in Section 125, about which I know and understand why some noble Lords have concerns. In this case, it could be used if we identify other issues with the PPERA provisions. I can give my noble friend an assurance that, like Clause 6, the power in Clause 4 can be used only following consultation with the Electoral Commission and will of course be subject to the affirmative resolution procedure.
Finally, I come to the amendment tabled by my noble friend Lord Forsyth, proposing a penalty for a breach of Section 125. Interesting questions have been raised about the whole issue of how one holds people to account. My noble friend is seeking to impose a monetary penalty on a person who breaches the restrictions in Section 125. The Electoral Commission has no role in the enforcement of Section 125, and has said in its response that it is not clear how this significant change to its role and powers would work in practice. That is the issue; it is not what the commission was set up to do and it would change its role.
We believe that the current arrangements are appropriate and that they work. Those within the scope of Section 125 will be legally obliged to comply with it. Like other legal obligations on public authorities across the statute book, it can be enforced through judicial review. That is the purpose of judicial review: to ensure that public authorities comply with the law. I know that my noble friend has concerns that this may be a paper tiger, but he has been an admirable Secretary of State in difficult times. He will know how difficult it is for a Government to face judicial review; he will know about the inconvenience and the cost. I would expect that others would be mindful of that as well. Judicial review is something that this Government seek to avoid having to incur, and I am sure that other public bodies take the same approach.
Lord Forsyth of Drumlean
The point is that judicial review is closing the stable door after the horse has bolted.
Baroness Anelay of St Johns
My Lords, with due respect, given the legal system of this country—in which I should declare an interest because my husband is a barrister—I would say that if a prosecution were to be brought in a civil case, or indeed in a criminal case, I doubt whether it would be resolved before the referendum had taken place. However, my noble friend has raised a justifiable concern about how we deal with these punitive matters. If we had the luxury of a separate piece of legislation to look at how all these matters are to be resolved, consideration could be given in relation to that. However, I think that that is a long way off at the moment. Of course, as a politician at the Dispatch Box, “long” to me can be a matter of just a few weeks because they can seem like a long time, too—particularly if I have breathing down my ear on my right-hand side a Chief Whip who has had an overfull session already, so I shall not try to offer extra legislation. I want to get out alive.
Lord Pearson of Rannoch
I do not know whether the noble Baroness is coming to the end of her peroration, but I have not yet heard her answer the question that I asked. Perhaps she will do so, in which case I will sit down and wait for the answer. I suggested in Committee, and again this evening, that because we are dealing not so much with the leopard that does not change its spots but with a corrupt octopus that cannot do anything else but extend its tentacles around every morsel of our democracy which comes within its reach, it is entirely possible that the Commission will break the rules. My noble friend Lord Hamilton mentioned Ireland and Croatia. I would mention Denmark and France—which voted clearly against the constitution that came back in the shape of the Lisbon treaty and it was persuaded to vote in favour of it.
We are dealing with a fundamentally dishonest, corrupt and failed body, which is bound to try one way or another to make sure that the British people do not vote to leave its clutches. I repeat again: why do we not make it clear to the Commission that if it breaks the rules and we catch it at it, we will fine it by a multiple of the amount of money it has spent? We have £12.329 billion at our disposal. Surely we should be able to make that clear to it.
Baroness Anelay of St Johns
My Lords, this Government are not corrupt. This Government have strong leadership. This Government have given their word to work with all our colleagues across Europe to ensure that this referendum is as fair as it can be—and this Government will deliver. I hope that my noble friend will feel able to withdraw his amendment.
Lord Hamilton of Epsom
My Lords, the amendments I tabled by necessity were probing for the simple reason that we cannot stop the EU getting involved in our referendum. All we can rely on is the voluntary statements that it has made. We need to have an act of faith over this. We have to presuppose that if this referendum runs and it is getting very tight up to referendum day, and it is debatable whether the country will vote to stay in our pull out, somehow the EU will stand back and not do anything when it has the power to do it—to actually influence that final result.
Some people will believe that the EU will be totally honourable to its word on this. Others will say that it had such success in Denmark, Ireland and Croatia, so why should it not try it here? The great argument is that it will not do it because it would be counter- productive. I do not quite understand that argument. It was not counterproductive in Denmark. It was not counterproductive in Croatia. It was not counterproductive in Ireland. Why should it be counterproductive here?
But as I say, these are probing amendments. There is nothing the Government can do to constrain the EU. I suspect that the idea of the noble Lord, Lord Pearson, that we should fine it is out of order completely, so there is nothing that we can do in this Bill to stop the EU interfering. If it does not, in my opinion it will be a miracle. But I am happy to withdraw the amendment.
Lord Collins of Highbury
I have one brief question relating to Gibraltar. Political parties currently are not permitted to accept donations from Gibraltar, but when the Bill becomes enforceable they will be if it is for the purposes of the referendum. I want to understand how the amendment will impact in particular on the changes relating to Gibraltar.
Baroness Anelay of St Johns
My Lords, Amendment 14, tabled by the noble Lord, Lord Jay, relates to the controls that apply to donations received by campaigners. I was asked about the European Commission. As I explained in Committee, one of the technical issues is that permitted participants in these matters are individuals and bodies that intend to spend more than £10,000 on campaigning during the referendum period and so register with the Electoral Commission. The European Commission cannot be a permitted participant. If it were to spend money outside the campaign and in Europe, there are controls over where it can give that money and how it can give it. For example, there is a prohibition on accepting donations of more than £500 from an ineligible source, so people cannot accept money from it.
I was going to try to reduce the amount that I would read out at this late hour, but it looks as though I am being sucked back into doing exactly that. Perhaps I ought to try to address more closely Amendment 14 itself.
In considering the amendment, two questions have to be asked: is there a problem, and, if yes, does the amendment provide the solution? To the first question the answer is not straightforward, which is why the noble Lord tabled the amendment. He has done so after discussion with the Electoral Commission. It may come as a bit of a surprise to see this briefing from the Electoral Commission at such a late stage, particularly because I notice that my noble friend Lord Forsyth has been trying to get other information and has not been given the opportunity to obtain that. All I can say is that this briefing from the Electoral Commission that we have all seen arrived at about quarter to 12 in noble Lords’ in-boxes yesterday. The Electoral Commission has suggested that the rules are unclear. As I remarked earlier, it is 15 years since PPERA became an Act. Over that period, all the conditions which the Electoral Commission now calls into doubt have been operating. Therefore, it is rather a surprise that these matters have been raised at this stage, but there you go.
The conditions in PPERA applied for the AV referendum and were replicated, through an Act of the Scottish Parliament, for the Scottish independence referendum, and nobody called them into question then. Indeed, at that stage, guidance from the Electoral Commission itself clearly and accurately explained the rules to campaigners in Scotland. Furthermore, the commission’s own report on the Scottish independence referendum noted that it provided,
“a model that can be built on for any future referendums”.
Despite that, as noble Lords will note, the Electoral Commission’s briefing supports this amendment because the commission now has concerns about the rules. We have to take those concerns seriously because that is the whole point of trying to have rules upon which a fair referendum is to be based. The concerns relate to the fact that PPERA does not prevent campaigners accepting donations before they register as permitted participants, if the donation would have been impermissible after registration. If noble Lords consider that this is a problem, it must then be asked: is Amendment 14 the solution? Here the answer is clearly no for three reasons. First, it goes too far. The amendment would apply to donations received by any individual or organisation, regardless of whether or not they are, or later become, a permitted participant. At any point prior to the referendum, anyone, regardless of the size of the donation or the amount they will spend, could commit this new criminal offence. This really would be a sledgehammer to crack a nut.
Secondly, the amendment is unworkable. It would create an offence of allowing the use of money received from an impermissible source to meet referendum expenses. Currently, the rules do not require campaigners to track what each pound received is spent on. This is for a good reason, as attempting to do so would be a herculean task in administrative time. It would only ever create an arbitrary link between money in and money out. I find it difficult to imagine how that might be accurately assessed. How would anyone be able to prove that the £1,000 a campaigner received from a particular source was the exact same £1,000 spent on referendum expenses several months later? How could it work for charities and other organisations that receive donations from all over the world for different reasons? Clearly, that matter would have to be looked at if the amendment is to be put right but, as the amendment stands, it does not work.
The fundamental changes that Amendment 14 would introduce would begin to unstitch the fundamental principles that apply in PPERA, in particular the purposes of having a referendum period and permitted participants. These are all concepts which, to date, have been accepted by Parliament and endorsed by the Electoral Commission, and have provided the framework for well-controlled referendums in the UK.
The Government had questioned the whole issue of the potential for concern over donations received prior to registration. That is the kind of questioning one has to do. That is why we have required reporting ahead of the poll in the Bill, following the approach taken at the Scottish independence referendum. Where PPERA provides only for permitted participants to report on donations after the poll, the Bill also requires them to report publicly before the poll on donations received. That has two benefits. First, registered campaigners must be transparent about the sources of their funding before the vote takes place. More significantly in this context, the reports must detail reportable donations received during a set reporting period, even if received prior to that campaigner becoming a permitted participant—because you can change from being a campaigner to being a permitted participant—provided the donation was for the purposes of meeting referendum expenses during the referendum period.
This gives a flavour of how complicated this issue is. This approach works within the existing framework and maintains a proportionate approach to controlling campaign funding. Given the concern over the influence of overseas funding, we believe that having to report all these matters immediately prior to the referendum would act as a deterrent in most cases, even though the rules do not seek to regulate everybody at all times. It does mean that if you become a permitted participant, money received prior to that point from a source that would be impermissible once you had registered would have to be publicly declared before the referendum took place.
I come back to the underlying principle that it is important to ensure that there is transparency and that the transparency requirements imposed by pre-poll reporting are as effective as they can be. In the light of the noble Lord’s concerns, I give an undertaking that the Government will look again at how the controls on pre-poll reporting work to deliver the appropriate level of transparency, balanced with a sensible compliance burden. We will consider these matters but they are complicated and technical. I cannot promise to come back with something that actually works but we will do our best.
In coming up with its proposals, the Electoral Commission has diagnosed what it now sees to be a problem but has not found the solution in its amendment. I therefore hope that at this stage, with the commitment I have given to look at this very closely, the noble Lord, Lord Jay, will withdraw his amendment. Of course, I undertake to work with him between now and Third Reading to see what can be achieved on these matters.
Baroness Anelay of St Johns
My Lords, in moving Amendment 15, I will speak also to government Amendments 16 and 17. These are technical amendments required to implement one of the recommendations of the Delegated Powers and Regulatory Reform Committee. They are to Clause 4, which provides that the Minister may make regulations about, among other things, the combination of the referendum poll with other polls taking place on the same day. The Delegated Powers and Regulatory Reform Committee raised concerns about the scope of the power to make combination regulations set out in Clause 4(2), as currently drafted. The committee’s concern was that the power to amend what will become the European Union Referendum Act itself was too broad.
I begin by saying that the Government have no intention of combining this poll with any other planned election, as I made clear at earlier stages. The Bill already prevents the referendum from being held on days in May 2016 or May 2017 when elections are already planned. So this power is very much a contingency one.
We have considered carefully the committee’s recommendation and the amendments we have tabled narrow the power contained in Clause 4(2) to amend or modify the Act. Under the amendments, the power would apply only to those parts of the Act that may need to be amended or modified in the event of the combination of the referendum with another poll. The relevant parts of the Act are: the definition of “counting officer” in Clause 9(1); Clause 9(2), which defines the voting areas to be used for the referendum; and Schedule 3, which makes further provision about the referendum. The power may not be used to amend any other part of the Act.
I am grateful for the work carried out by the Delegated Powers and Regulatory Reform Committee, as I said on the first day in Committee. I am pleased that the Government were able to respond by agreeing to all the committee’s recommendations. I beg to move.