(10 years, 9 months ago)
Commons ChamberI fear that that often happens in passing legislation. I have never known so many manuscript amendments as there have been this year. In the previous 13 years maybe two were accepted and we have had six or seven this year. I just do not think it is a good way of doing business.
The hon. Member for Esher and Walton (Mr Raab) is not in his place, which is a shame. I respect a lot of the issues he raised. There is an imbalance in the way the law relating to article 8 is constructed. Ultimately, the absolute core and rock on which our personal freedoms in this country are based is the rule of law. Because of habeas corpus nobody can be arbitrarily arrested. The law will determine, not party politics or a vote in the House of Commons. To those who regularly trot out the argument that the House of Commons must always have its way, I say, yes, but there are also the courts.
The rule of law, through the courts, argument and precedent developed over time, is a vital part of ensuring our ongoing freedom. That is not just about UK national law, but international law. I have a profound respect for the European convention on human rights. I thought the Home Secretary referred earlier to the Attorney-General having given the advice that the amendment was incompatible. I do not mind which lawyer it was and I am not urging her to publish it or anything like that— I take her at her word. If she believes that it is incompatible with the European convention on human rights, I cannot vote for the amendment and do not want to see it going forward from this House as part of the Bill. Why on earth would we want to do something that the Attorney-General, or whoever was masking for him to provide that advice, had said is incompatible? Every other lawyer I have spoken to, or that we on this side of the House have spoken to, has given exactly the same advice.
The hon. Member for Esher and Walton suggested that there are balancing issues and questions on whether there would be section 39 complaints or not. That is not my issue. All we have to do is look at the amendment, compare it with the European convention on human rights and see that the one does not match the other. That may be an inconvenient fact, but it would be illegal under our present treaty obligations. I do not want this country to renege on the European convention on human rights. We were right to bring it forward. David Maxwell Fyfe, who later became a Conservative Home Secretary—a nasty Home Secretary, I think—effectively drafted it and we should abide by it. We would be utter fools and disloyal to our treaty obligations if we were to support the amendment from the hon. Member for Esher and Walton.
(13 years, 10 months ago)
Commons ChamberI think that John Bright would have been appalled by nearly every economic decision that has been taken by the coalition Government since they came to power, so I do not think that the hon. Gentleman is on good territory in summoning him up in support.
I also point out that the first royal to build on this site was King Canute, who, of course, was Danish. We must therefore take a less effortlessly superior approach to the European Union in our discussions.
The hon. Gentleman said that Euroscepticism lies at the heart of the Bill. However, he will have heard the hon. Member for Westmorland and Lonsdale (Tim Farron), who is ardently pro-European, also supporting the Bill. What is the hon. Gentleman’s take on that?
The attitude of the hon. Member for Westmorland and Lonsdale (Tim Farron) is rather different from that before the election, as is that of the Liberal Democrat party. That will not surprise many Conservative or Labour Members. The hon. Gentleman seemed to suggest that a vast army of people are constantly campaigning on Europe and our relationship with the European Union. In my time in this House, which is coming up to 10 years, I think that I have received four letters from my constituents about our relationship with the European Union. I have received quite a lot of letters from other people’s constituents, but remarkably few from my own. I agree completely with the hon. Member for Daventry (Chris Heaton-Harris) about the failure in the way in which we scrutinise the mandate that Ministers think they are taking to meetings of the Council of Ministers and the legislation that comes from the European Union. I have made that point many times to the House.
(14 years, 1 month ago)
Commons ChamberThe difficulty that we have as Her Majesty’s loyal Opposition is that if I had tabled an amendment to that effect, it would have been ruled out of order and would not have been considered because we have already debated, in relation to clause 1, amendments on separating the referendum from those elections. I fully understand my hon. Friend’s point and there have been extensive conversations on the amendment over the weekend with a wide variety of his friends and others in Northern Ireland. The point that we are trying to make is fairly simple: combining everything on the same day brings not clarity for voters but more obscurity.
Let me endorse the point made by the hon. Member for Foyle (Mark Durkan) and make it clear that we have no difficulty with the date of the referendum being moved but that we certainly do not agree with the date of the Assembly and council elections being moved from their current scheduled date next May.
For the most part, we agree that what is sauce for the goose is sauce for the gander. The right hon. Gentleman is absolutely right. Broadly speaking, we agree that where it has been determined that elections should take place on a four-yearly or other basis, and advance notice of their date has been given, it would be inappropriate to move them. Our point is that the referendum should not be on the same day as all those elections. I hope that he understands our reasoning; I think we are moving in the same direction.
It is not those of us on the Opposition Benches who table partisan amendments. Only those on the Government Benches table partisan legislation. It is not my intention to benefit or disbenefit anybody, other than benefiting the ordinary voter who wants to be able to cast their vote in as many elections as they choose.
Does the hon. Gentleman agree that whether there are combined or separate polling cards, there is a need for the chief electoral officer in all areas, particularly in Northern Ireland, to do more to protect the integrity of all such official documents? We had examples in the last parliamentary election of one party in particular producing its own official polling cards, which caused utter confusion and deceived people. Can we ensure that when the polling cards are produced, proper policing takes place to prevent people from abusing those official cards?
If multiple polling cards go to each individual elector, in a household where there are five people living and two elections taking place, that would be 10 polling cards turning up. Apart from anything else, there is quite a strong likelihood that they will all get binned. The other difficulty is that political parties will step into the breach and produce leaflets which say, “You may not want to vote in the AV referendum, or you may want to vote in a particular way, but don’t forget, you’ve also got the Assembly elections.” Different political parties may want to step into the breach in various ways.
(14 years, 1 month ago)
Commons ChamberThe Minister has clearly lost his marbles—it was because it did not give us enough time. The way in which the Government have behaved over this Bill has been an absolute shoddy mistake. They have consistently refused to provide enough time for us to debate the issues. [Interruption.] No, we did not vote against more time—we voted against the programme motion and we will continue to vote against such programme motions because we want to be able to do this job properly.
Does the hon. Gentleman agree that, given the lack of pre-legislative scrutiny and the lack of cross-party consensus or discussions that are usual with this type of Bill, it is even more important to have the necessary debates and to spend time on the Bill at this stage? I am sure that the hon. Member for Monmouth (David T. C. Davies) would be arguing for that if he were in opposition.
There has been absolutely no pre-legislative scrutiny. This has not been adumbrated in anybody’s manifesto and it has not been available for anybody to consider in public. There has been no public consultation and no consultation between political parties. Of course, therefore, there should be provision for each clause to be considered for at least one day on the Floor of the House, as this is a major constitutional Bill. I am sorry if Government Members are arguing the exact opposite of what they used to, but my point remains—international comparisons are inappropriate.
The Deputy Prime Minister has also sought to suggest that we have far too many Members of Parliament because other countries have far fewer, but the local population per elected member at local authority level in other countries is very different: in France it is 118 and in Germany it is 350, whereas in the United Kingdom it is 2,603. We have to look at the whole set of elected officials if we are to have a real impression of whether we have too many or too few Members of Parliament. I suspect that most voters in this country quite like having a local Member of Parliament who sits in the House. Of course, if one asks the public, particularly if one does so via the Daily Express or the Daily Mail, “Are there too many Members of Parliament?” they will all answer, “Yes,” but if one asks them, “Should your town not have a Member of Parliament?” or, “Should your town be combined with another town?” they would probably answer, “No, I would prefer to have a local constituency Member of Parliament whose name I know, who is accessible and whose constituency surgery I can get to.”
(14 years, 1 month ago)
Commons ChamberDiscussing the length of the queue would be a great British debate, but my view is that if there is a queue of 500 people, they should be allowed to vote. I do not think that anybody should be disfranchised just because the operation is not swift enough to allow people who present themselves at the polling station before 10 o’clock to vote immediately. As is clear in the amendment, presenting means standing in a queue if it is not possible to vote at once. If a person arrives at one minute to 10 o’clock, they should be able to go straight through the polling station door and talk to the returning officer and then be presented with a ballot paper. If necessary, that should apply to the two polls—the referendum and local elections.
I note that the Electoral Commission has continued to be concerned about late polling since the general election. Clearly, there was uncertainty in the application of the regulations in different parts of the country, because some returning officers were slightly more generous than others. As I understand it, the commission is keen for a resolution, and is broadly supportive of the thrust of my proposal.
I am very hopeful, as always, that the Minister might succumb to my ardent desire in relation to the amendment.
I should like clarification. I take it that the amendment applies to voting in the referendum, because that is the Bill that we are discussing. However, it would mean that an elector who turns up to vote in the Northern Ireland Assembly elections and in the referendum could vote in the latter, but not the former.
(14 years, 4 months ago)
Commons ChamberI have heard that theory, and no doubt the hon. Gentleman heard some of his hon. Friends debunk it at the time. Of course it is possible for the United Kingdom to decide that it no longer wishes to be part of the consequences of the ratification of the Lisbon treaty—that option is open to the House, Parliament and the British people. If what he says means that for ever and a day we have given up the right to decide matters such as membership of the European Union, what treaties we are signed up to and what institutions we belong to, it is a sad day for democracy in the House. The British people who supported the Conservative leader when he offered a cast-iron guarantee on a referendum did not expect that that promise and pledge would be ditched so quickly and so comprehensively.
I venture to say that that is one reason why there is a disconnect between the British public at large and their Parliament. The people do not trust politicians—such trust is essential—because the promises that they hear politicians make are cast aside when it suits the politicians, not when it suits them. People expect promises to be honoured. They overwhelmingly believe that we should not have signed up to the Lisbon treaty and that a European diplomatic corps should not be created, and they expect their views to be heard. Unfortunately, there is a cosy consensus between the Front Benchers of both major parties, and indeed the Liberal Democrats, so people will be denied their say and a referendum.
I hate to leap to the defence of the Conservative Government, but it would surely not affect the rest of the European Union if Britain voted against the Lisbon treaty in a referendum, because the EU would continue to operate under the treaty. In all honesty, the only referendum one could now have is on whether to leave or stay in the EU.
No doubt some hon. Members think that that is a pretty good idea. The hon. Gentleman speaks of referendums, but he knows full well that he and the previous Government pledged a referendum on the European constitution to the British people. There is talk of the Minister making a volte-face, but the decision not to grant that referendum was the biggest volte-face in recent history. Of course, a distinction between the Lisbon treaty and the original proposal for a European constitution was made, but much of it was spurious.
The fact that we are today debating the creation of the European diplomatic service, with all that that entails, proves the point that many of us made about the Lisbon treaty, which is that the treaty is yet another significant development in the creation of a European superstate—the Minister alluded to that and to the reasons why he and his colleagues opposed the measure at the time. He may argue that the High Representative is unable to advance a position in the absence of a common position adopted by the Council of Ministers, but that means that on many critical issues around the world the High Representative and that vast diplomatic superstructure will be sitting on their hands.