European Union Referendum Bill

Debate between Lord Collins of Highbury and Lord Stoddart of Swindon

Wednesday 28th October 2015 Lords Chamber

[Lord Stoddart of Swindon]

I assure noble Lords that I never had an ambition to be Prime Minister. The fact is that Prime Ministers sometimes make mistakes. Sometimes they are badly advised. I think that she was very badly advised to agree to the Single European Act. On behalf of the Labour Party, Donald Bruce—Lord Bruce of Donington—and I sat on that Front Bench opposing the Single European Act. Unfortunately in my view, the Labour Party has changed its view, but it might come back to reality in due course and get on the right trail with this.

I agree entirely with Amendment 1 and, as I said earlier, the noble Lord has raised an important point.

[Lord Collins of Highbury (Lab)]

My Lords, bearing in mind the contributions that we have had so far, for one moment I thought that I could be tempted to recount my 45 years’ membership of the Labour Party and my journey towards Europe. I will resist that for now, although I might come back to it.

It is important that we address some of the details of Amendment 1. It is fundamentally about a level playing field. I understand that noble Lords opposite are focusing on a level playing field over how the date will be set and the arrangements for purdah, but there is more to a level playing field than simply purdah. The Electoral Commission’s remarks or comments on this amendment are important. These show that in the commission’s experience since 2004, in referring to PPERA and its requirements, campaigners and electoral administrators need time to prepare themselves properly to follow the detailed rules that Parliament has specified. These rules relate to donations, campaign funds and, of course, how a campaign is properly designated.

I had hoped that noble Lords would refer to the ninth report of your Lordships’ Delegated Powers and Regulatory Reform Committee, which raises this point quite properly. It says that there is a bit of a problem here with the requirements in the schedules about establishing or designating an appropriate organisation that will come within the terms of PPERA, and with the campaign period of 10 weeks. The issue for me—the Electoral Commission makes this point—is that we will have a much longer campaign than 10 weeks. It has already started: organisations either have been or will be set up in the hope and expectation that they will be the designated organisation. At some point they have to get their act together and ensure that they meet fully the requirements of PPERA.

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[Lord Stoddart of Swindon]

I am most obliged to the noble Lord. I am sorry to interrupt, but he may not recall that during the 1975 referendum the press, other than the Daily Express, was virtually all in favour of remaining in.

[Lord Collins of Highbury]

I very much recall it, because, as I said in my Second Reading speech, I was secretary of the Spelthorne Get Britain Out campaign, so I was fully aware of what we were up against. I will come on to this on Amendment 2.

I want to focus on specific questions relating to this. Everyone is familiar with the 10-week campaign period and everyone is talking about purdah. However, there is a period before that relating to the operation of PPERA and designated organisations. Your Lordships’ Delegated Powers Committee said,

“if as suggested in the memorandum the start date for applications for designation is likely to be earlier than the start date for the referendum period, this will have the knock-on effect of reducing the minimum length for the referendum period”.

In considering the issue raised in these amendments, the committee said:

“We consider that, if the Government intend there to be a minimum of 10 weeks for the referendum period, they cannot rely on the operation of the 2000 Act”—

PPERA—

“to deliver that minimum period. In our view, the 10 week minimum for the referendum period should be specified on the face of the Bill”.

I would like to hear from the Minister whether the Delegated Powers Committee is correct. If it is not, how can she give the guarantees that we all accept have been made? I accept that there is a need to ensure that, when we enter the process of the referendum, there is a proper level playing field which everyone accepts and understands. To do otherwise would undermine the whole process because, as noble Lords have said, whatever we have at the end, we want a settlement. That brings me to my noble friend’s Amendment 2.