European Union Referendum Bill

Baroness Anelay of St Johns Excerpts

Monday 23rd November 2015 Lords Chamber

Moved by

[Baroness Anelay of St Johns]

24A: After Clause 5, insert the following new Clause—
“Duty to publish information on outcome of negotiations between member States
(1) The Secretary of State must publish a report which contains (alone or with other material)—
(a) a statement setting out what has been agreed by member States following negotiations relating to the United Kingdom’s request for reforms to address concerns over its membership of the European Union, and(b) the opinion of the Government of the United Kingdom on what has been agreed.(2) The report must be published before the beginning of the final 10 week period.
(3) In this section “the final 10 week period” means the period of 10 weeks ending with the date of the referendum.
(4) A copy of the report published under this section must be laid before Parliament by the Secretary of State.”

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, in moving Amendment 24A I shall speak also to government Amendment 24B. I shall also give a view on the other amendments in this group, all of which raise the issue of information which must be published by the Government prior to the referendum period.

In Committee, we had a vigorous debate on the subject of the information to be made available to the public ahead of the referendum. I recognised that although it will be for the designated campaigners to lead the debate on both sides, the Government would have a role in providing information to the public. As the Prime Minister said, this Bill sets the stage for one of the most important decisions that the British public have been asked to make in a generation. It is absolutely right to say, therefore, that they will expect to be able to make an informed decision, based on authoritative and balanced information in which they may put their faith.

The Electoral Commission in its research into the question identified that there is an appetite among the general public for information on both what remaining in and leaving the EU would mean. Also, the Electoral Commission made it clear that much of the information that voters desire will not be factual in nature but will sit at the heart of the campaign arguments put forward by those on both sides of the referendum debate. Therefore, the commission has recommended that it is also for the campaign groups to include answers to questions of this nature when they put up their respective websites. But today we are looking at the question rightly raised by the House in Committee about the role of the Government.

In Committee I committed to give careful consideration to what I could bring forward at this stage by way of government amendments—amendments that would command the support of both Houses. Today I will speak to those two amendments, Amendments 24A and 24B, which we have tabled after that due consideration. In setting out requirements for the Government to provide information, we must clearly set out a distinction between what the Government should provide and what will be the role of the designated lead campaigners. My belief is that the most useful role for the Government is to give information about the nature of membership to aid understanding and inform the public. The designated lead campaigners will interpret this information and provide strong arguments—on both sides, no doubt.

We have given consideration to what suitable government amendments should be. I have therefore listened very carefully to the calls around the House for the Government to provide useful evidence-based and authoritative information. It is my belief that it would therefore be most appropriate to commit the Government to providing concrete information grounded in reality as opposed to speculating on the possible consequences of withdrawal or the types of possible arrangement that could be negotiable with the EU at some future date.

The first amendment in my name, Amendment 24A, builds on the amendment that my noble friend Lord Forsyth tabled in Committee and again on Report. However, he has subsequently withdrawn it because I understand he is content—it was very kind of him to send an email saying that he is content—with government Amendment 24A.The first amendment sets a requirement for the Government to report on the outcome of the renegotiation not less than four months before the poll. Building on this, I have tabled a government amendment that will require the Government to report on what has been agreed by EU member states as a result of the renegotiation and to give their view on this no later than 10 weeks ahead of the referendum.

We amended the Bill—earlier in the process here, in Committee—to specify that the regulated referendum period must be a minimum of 10 weeks long. This is an appropriate length of time that will require the Government to publish any report ahead of the most intense period of campaigning. This is also well ahead of the final 28-day purdah period provided under Section 125 of the Political Parties, Elections and Referendums Act—during which, of course, there are restrictions on government publications. So my amendments have no effect on the restrictions provided for in that period.

The second of my amendments, Amendment 24B, seeks to address amendments tabled both in Committee and on Report by the noble Lords, Lord Hannay and Lord Kerr, the noble Baronesses, Lady Morgan and Lady Smith of Newnham, and others. It requires the Government to publish a report setting out information about the rights and obligations that arise under EU law as a result of the UK’s membership of the EU. This will enable us to describe what EU membership means for the UK and what it means to be a citizen of, or a business established in, the UK, as a country which is an EU member state. I propose to spend a little time setting this out, in perhaps more detail than might usually be the case, because I would like to give some reassurances to the noble Lords who tabled the amendments that I have sought to cover all the pertinent issues that they referred to in their subsequent amendments.

By “rights”, we refer to rights that the United Kingdom has as a member state, and also the rights that are granted to individuals and businesses as a result of our membership of the European Union, such as our opt-ins and opt-outs, the four freedoms, access to the single market and customs union, and rights to receive structural funds. By “obligations”, we are referring to those things that our membership of the European Union commits us to doing—most obviously at the level of the member state, but also as businesses or individuals. The most obvious examples are our obligation as a member state to transpose EU law in particular areas, including social and environmental law, and things that this obliges businesses and individuals to do. This could therefore include consideration of the balance of obligations and competences between the EU and the UK institutions. Of course, the information must be useful to the public, as well as to those looking at it in a more specialised way, and relevant to the context of the referendum, as far as is possible.

That is the primary purpose of government Amendments 24A and 24B. The duty does not, therefore, require the Government to set out information about every single right and obligation—indeed, neither does the amendment in the names of the noble Baroness, Lady Morgan, and the noble Lord, Lord Hannay. We agree that the focus should be on important rights and obligations. Where appropriate, we will set this information in its context. We have created quite a broad requirement in our amendment, but we have tried not to be overly prescriptive, because that would have amounted to setting out the contents page of the whole report in the amendment, and that is simply impractical.

Turning to the amendment in the names of the noble Lord, Lord Hannay, and others, it is clear that the large part of the important rights and obligations to which it refers would be covered under the broad heading of rights and obligations. Where there are two slight variations—I will not call them exceptions—I will explain why I think that they are still covered and that I have met the requests from the noble Lord and others. The important rights that the amendment sets out, such as the rights of EU citizens, employment rights, the right to apply for financial support from the EU in the form of structural funds, and support for agriculture and research, would be covered under the report required by government Amendment 24B. Important areas of EU law which the noble Lord, Lord Hannay, and the noble Baroness, Lady Morgan, reference in their amendment, such as social and environmental legislation, law enforcement, security and justice would also be covered to the extent that we have opted into such obligations at present.

The way that we have crafted the amendment grounds the information requirement in the reality of EU membership in a way that should be useful to the public. We are not committing to setting out the possible consequences of a withdrawal from the EU in the language used in the amendment in the names of the noble Lord, Lord Hannay, and the noble Baroness, Lady Morgan, but I do not think that that is core to what they intend. They are trying to get the Government to give a commitment about what is covered, which is what I seek to do. We have previously rehearsed the issue about hypothetical positions; I do not propose to address that now, because I do not think that noble Lords are seeking to press it at this stage.

From the approach taken by the government amendment, I believe that readers will be able to infer from the Government’s report information on rights which it might well be within the Government’s power to determine for the future and what will be dependent on negotiation in the event of a vote to leave the EU. In terms of any substantive differences, although the government amendment requires us to set out the UK’s current arrangements on important rights and obligations, it does not require us to set out particular consequences of withdrawal for a couple of areas—the devolved Administrations and Gibraltar. I would like to say a little more about each of those to give some assurances on those matters.

On the consequences of withdrawal for Gibraltar, Gibraltarians are rightly enfranchised in the referendum because the EU treaties largely apply there. Gibraltar’s place in the European Union flows from it being a European territory for whose external relations the UK is responsible and the UK’s membership under the 1973 treaty of accession. Any vote for the United Kingdom to leave the EU would directly affect Gibraltar. It is therefore important that Gibraltarians have enough information on which to base their vote, which is also important in the UK. The Government’s Amendment 24B leaves it open to either the UK Government or the Government of Gibraltar to set out what EU membership means for Gibraltar in this report or separately. This means that we should not provide for a statutory obligation for the UK Government to report on what membership means specifically for Gibraltar and should instead ensure that the decision on what course to take on this important matter rests where it properly should: in Gibraltar.

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[Baroness Morgan of Ely]

We are not asking for the Government to argue a case; we are asking them to list what the responsibilities are, which is very different. We talked earlier about agriculture. Yes, some may argue that the Government would very happily replace any money that has come from the CAP with some kind of domestic policy. Others may think that the Chancellor may just grab that £20 billion to fill the black hole in his deficit. Who knows? We do not know what will happen and we will not enter that realm of speculation. However, we know that we would have to address the issue of agriculture if we were to leave the European Union. That is an objective statement of fact, which is what we are looking for here.

I thank the Minister for noting and listing most of the points we have set out. I assume that when she talks about social rights, she includes employment rights within that. I will not relist them—they are now on record—but I concur with the noble Lord, Lord Wigley, that it would be beneficial to have a regional breakdown of the impact of funding if possible.

Some of those rights will be in the gift of the Government to implement at a domestic level. We must be aware that to cease our membership would allow the Government to repeal the rights that are currently secured by our EU membership; we have heard the examples of agriculture and structural funds. Other rights, such as the ability to access continental hospitals, would not be in the gift of the Government and would be subject to negotiation with our previous EU partners. Whether they want to play with us after our exit would be, to an extent, beyond our ability to influence.

I am grateful to the noble Lord, Lord Pearson, for drawing attention to the fact that there would be considerable legislative and statutory consequences to withdrawal. The noble Lord came up with some figures for how long and how many people it would take to rewrite all the laws that have accumulated over 40 years. It would be useful to know if the Government concur with his suggestion and whether the same is true for devolved Governments as well.

The Minister did not specifically mention the rights of EU citizens in the UK and UK citizens in the EU. It would be useful if she would give some commitment that they would be covered by the reports.

I will not go on to deal with the second part of the Government’s amendment, relating to alternatives to EU membership. We will come to that later in the debate but, as the amendment is set out at the moment, I am afraid it would not be acceptable to us.

[Baroness Anelay of St Johns]

My Lords, I thank all those who have contributed to the debate on this important issue. As the noble Lord, Lord Hannay, pointed out at the beginning, nearly two hours ago, it is important that we are able to produce factual, objective information that is additional to the rhetoric of campaign. The Government have directed their attention to putting forward amendments that address the need for the public to have that information. I am grateful to the noble Lord, Lord Hannay, the noble Baroness, Lady Morgan, and other noble Lords for their contribution, not only to this debate, but to the passage of the Bill in general.

The Government have considered the range of views presented in Committee and, as I outlined earlier, we have brought forward Amendments 24A and 24B, which we have been discussing. The noble Lord, Lord Hannay, asked for further reassurance that the devolved Administrations and Gibraltar would be covered under Amendment 24B and asked how that would happen. I can reassure him that, under these amendments, the reports published by the Government will include information on the position of Gibraltar and the devolved Administrations, including Northern Ireland. As I mentioned earlier, we will need to be mindful of the constitutional position of Gibraltar and the devolved Administrations and we will continue to engage with them. The noble Lord, Lord Hannay, and the noble Baroness, Lady Ludford, also raised the question of law and order. I will not rehearse the discussions we had on another occasion about Protocol 36, but I can reassure the noble Lord that the rights and obligations arising from this area would be in the scope of the report set out in Amendment 24B. The noble Baroness, Lady Ludford, specifically asked whether civil justice was included within the definition of justice. The answer is yes, as with all these matters, to the extent to which we have opted in.

My noble friend Lord Hamilton asked what would happen if my right honourable friend the Prime Minister returned empty-handed or, at least, with an agreement that he felt was not good for this country and the other 27 states. My right honourable friend David Cameron has been engaged, along with my right honourable friends the Foreign Secretary, the Chancellor of the Exchequer and David Lidington, in negotiations throughout the summer and autumn and these have stepped up a gear. We have confidence that we will be able to present to the country a deal that is good for the United Kingdom and our colleagues across Europe, which is what needs to be achieved. However, the Prime Minister has also made it clear that, in the remote contingency that that did not happen, he would have to take a view. His view at the moment is that it is in the interests of this country that we all work together, as hard as we can, from every single party and none, to ensure that the right deal is achieved. That is where our concentration lies.

My noble friend Lord Hamilton also asked which countries will be used as examples under the second part of my Amendment 24B and asked specifically whether South Korea would be covered. Amendment 24B will require the Government to give examples of countries that have arrangements with the EU other than membership. It does not require the Government to comment on every single country that has a relationship with the EU. It will be appropriate to select a range of examples that most usefully and effectively demonstrate the existing arrangements to inform the public in an objective way. However, it would not be possible or even right for me to try to confirm the exact contents of such a report at present because it would lead to a tome. I am mindful of what the noble Lord, Lord Owen, reminded us earlier. These reports must be meaningful and accessible. If they are like Encyclopaedia Britannica, they would not do the job that noble Lords have required the Government to achieve.

[Lord Hamilton of Epsom]

My Lords, before she leaves that point, does my noble friend accept that the EU has very few free trade treaties with other countries, so at least one of them should be listed so that we can know about the detail?

[Baroness Anelay of St Johns]

My Lords, I believe that we will select examples of countries that can best inform the people of this country about how they should cast their vote. We must not try to skew that. Clearly, it would be a balanced selection of countries. I would not like to define now what will be in the report because that would assume that I would be writing it—I will not be.

[Lord Pearson of Rannoch]

For instance, will the noble Baroness assure us that the Government will give us a summary of the free-trade agreements reached by Singapore, whether we would be able to emulate Singapore and within what timescale? At the moment, we have none of those.

[Baroness Anelay of St Johns]

My Lords, I believe I have answered that question twice. I would test the patience of the House were I to repeat myself a second time.

With regard to the devolved Administrations in the renegotiation, as foreign policy issues are reserved matters, relations with the European Union are the responsibility of Parliament and the Government of the UK. However, the UK Government involve the devolved Administrations as directly and fully as possible in decision-making in EU matters that touch on devolved areas. Further, Ministers have held meetings with representatives of the devolved Administrations. Most recently, the Minister for Europe met Fiona Hyslop MSP, the Cabinet Secretary for Culture, Europe and External Affairs, on 11 November to discuss the EU reform process. The renegotiation is now a standing item at quarterly meetings of the Joint Ministerial Committee on Europe, which allows Ministers from the devolved Administrations to feed in their views ahead of the meetings of European Councils. The next such meeting is next month. I hope that is the information that the noble Lord, Lord Wigley, requested.

The noble Lord also asked whether the report described under Amendment 24B would cover matters such as structural funds and how they impact on the region. I thank the noble Lord for his contribution to this debate. He reminded us of the importance of these matters at Second Reading, in Committee and, quite rightly, now, too. I remarked in my opening speech that the report under government Amendment 24B would indeed cover important rights such as the right to apply for structural funds. Where appropriate, we will set this information in context. However, again, I am not in a position to set out the exact contents of the report today. Clearly, it is a matter of making sure that the information is as balanced and full as is appropriate.

I was also asked by the noble Baroness, Lady Morgan, and the noble Lord, Lord Lea of Crondall, whether employment rights would be covered. I briefly referred to that in my opening remarks, but they were quite detailed, so I can give the assurance that employment rights would be covered under the report required by government Amendment 24B, as indeed would the rights of EU citizens referred to by the noble Baronesses, Lady Smith of Newnham and Lady Morgan. They would be covered by Amendment 24B.

In coming to my final words on this group of amendments, I reflect on the fact that what we have sought to achieve is to listen to the request of the House to table amendments that provide a factual basis on which people can make up their minds when they cast their votes. Government Amendments 24A and 24B will ensure that the public are crystal clear on what EU membership currently entails for the UK and how the EU has been reformed. This will enable them to make their decisions in an informed way at the referendum.

The Government reports are intended to be informative, objective and evidence-based. It will be for others—the campaigners—to then take from the report such information as perhaps fits their case, and to use it with regard to other information they may have when they talk about risk assessments and views. That is a matter for another day, although I know we have had quite a flavour of it today.

In conclusion, when Amendment 24A is called in its place, I will move it, and Amendment 24B. I hope they will both be acceptable to the House and I hope the noble Lord, Lord Hannay, will not press his Amendment 24C as an amendment to Amendment 24B. I beg to move.

[Lord Hannay of Chiswick]

I wish to reply to the Minister briefly and thank her for her contribution in replying to the debate. She has clarified a number of issues which were raised by me and others who put their names to the amendments. Her clarifications were basically very helpful. We have had a long debate. I would describe it as slightly a curate’s egg of a debate. My motives have not been so traduced since Fidel Castro’s representative on the UN Security Council had a little rant about British foreign policy, but I am used to these things and I am not objecting too much to that. I, and those who tabled the amendment, will study the Minister’s words with very great care. She weighed them carefully before she said them, both in the introduction and in responding to the debate. We will consider them very carefully. We may return to them on Third Reading, but in the mean time I do not intend to take the opinion of the House on this amendment.

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Moved by

[Baroness Anelay of St Johns]

24B: After Clause 5, insert the following new Clause—
“Duty to publish information about membership of the European Union etc
(1) The Secretary of State must publish a report which contains (alone or with other material)—
(a) information about rights, and obligations, that arise under European Union law as a result of the United Kingdom’s membership of the European Union, and(b) examples of countries that do not have membership of the European Union but do have other arrangements with the European Union (describing, in the case of each country given as an example, those arrangements).(2) The report must be published before the beginning of the final 10 week period.
(3) In this section “the final 10 week period” means the period of 10 weeks ending with the date of the referendum.
(4) A copy of the report published under this section must be laid before Parliament by the Secretary of State.”