European Union Referendum Bill

Debate between Lord Hannay of Chiswick and Lord Dobbs

Monday 2nd November 2015 Lords Chamber

[Lord Hannay of Chiswick]

No, I do not agree and I do not have to address it in this debate, because it is not what we are debating. I remind the noble Lord, Lord Pearson, that in the most recent certified figures, which were produced for 2013—I am not aware of the ones to which he has just referred—the British net contribution per capita was ninth, behind that of France, Germany, Italy, Sweden, the Netherlands, Belgium and Luxemburg, and a few other countries.

[Lord Dobbs]

My Lords—

[Lord Hannay of Chiswick]

No, I will not take more interventions on the budgetary issue. That is not what this is about.

[Lord Dobbs]

It is not about the budgeting—I am grateful to the noble Lord for giving way. I want briefly to draw his attention to a Legatum Institute report today which ranks the prosperity of various nations in the world. Britain happens to have the best record in the last year of any major European country. Interestingly, according to that report the first and second most prosperous countries in Europe turned out to be Norway and Switzerland. I do not know what the noble Lord reads into that but I thought that it would be of interest to his discussion.

[Lord Hannay of Chiswick]

I will probably cause the noble Lord, Lord Pearson, apoplexy if I say that what I read into it is that we are probably paying less into the European Union than we ought to, if we are so prosperous and yet only ninth in our per capita contribution.

European Union (Referendum) Bill

Debate between Lord Hannay of Chiswick and Lord Dobbs

Friday 31st January 2014 Lords Chamber

[Lord Dobbs]

My Lords, this has been another lengthy debate and I do not wish to prolong it. First, I will just respond to a point that the noble Lord, Lord Foulkes, made earlier. I assure him that I have never sought and never been given, so far as I am aware, any advice from a government official for this debate other than factual advice or advice about the Government’s agreed position. I believe that all the proprieties have been maintained, as they ought to be.

It is unthinkable that people would not be fully supplied with responsible information before any referendum campaign. There may of course be plenty of irresponsible information too, but that is the stuff of politics. It is nobody’s intention to ask people to vote on such a fundamental issue when they are not fully briefed and fully aware of what the issues are. No one can expect people to come to a rational and reasoned decision—as we would want them to—without the appropriate information.

However, it is very difficult to see what this amendment would add that is so very different from the amendment that the House carried last week in the name of the noble Lord, Lord Roper, which called for,

“an evidence based assessment of the impact of the United Kingdom ceasing to be a member of the European Union”.

I argued against that amendment, simply on the grounds that people would get all that information anyway and that it was not necessary to include those provisions in the Bill. The House decided otherwise and passed that amendment calling for an evidence-based assessment of the impact of the United Kingdom ceasing to be a member of the European Union. I am genuinely puzzled therefore as to the need for this amendment.

Again, the wording is important here. It asks about our “intended” future relationship with the EU. As it seems likely that, under most circumstances, all the major parties will be campaigning for us to stay in the EU, the question is: the outlines of this future relationship as intended by whom? How can this task be completed? By consulting UKIP? The only sensible way to seek a response to the question of how one intends to get divorced—which I think was the phraseology of the noble Lord, Lord Turnbull—is to ask those who actually want to get divorced in the first place. Any plan B drawn up by those who do not believe in it, will not be arguing for it and have no intention of pursuing it would not be worth the paper that it was printed on.

The noble Lord, Lord Liddle, suggested, in defence of this amendment, that we should do what the Labour Government did for the euro by making their intended position clear. If that is the example he expects us to follow, I am not in favour of it. It was the most bizarre approach that any Government have taken to such an important issue and points to the difficulty of an intended position on something of this sort. The suggestion that underpins this amendment is really rather woolly. It is ambiguous and therefore I think that it is flawed. That is why I oppose it, which is perhaps why a very similar amendment was defeated on Report in the other place by a majority of 265 to eight. The noble Lord, Lord Turnbull, has come up with an interesting constitutional principle that a clear vote in the other House does not reflect the view of that House, but we will pass on from that.

This is not a Bill for those with closed minds, and there are closed minds on both sides of this issue. This is a Bill designed to give those with common sense an opportunity to come to an informed position as to what they intend for their futures. If the noble Lord, Lord Shipley, will forgive me, I do not intend to follow him up the Swiss mountains or sail along the Norwegian fjords. The Prime Minister does not want that; I do not want that; this is another argument that seems to be constructed in order to knock it down that I can see very few people putting. I shall certainly not be following the noble Lord, Lord Anderson, in the magnificent tour that he gave us around every part of the world. The argument that we need to specify even more than we have done under the previous amendment and that we need to load the people with more information, not as a result of democracy or of our campaigning skills and our passionate beliefs in where we stand but on the face of a Bill because the Government require it, implies a huge lack of faith in the ability of the different sides in a referendum campaign to put their case. I do not share that lack of faith. I cannot see what this amendment would do that the amendment that we passed last week—

[Lord Hannay of Chiswick]

I am most grateful to the noble Lord for giving way, but I am afraid that he is yet again caricaturing the supporters of this amendment. On the day after a referendum, whatever the result has been, it will not be for the protagonists of staying in or for the protagonists of leaving the European Union to define Britain’s future relationship if the vote has gone for a no; it will be for the Government to do so. The amendment would require the Government to set out what the relationship might be if there was a no vote. That cannot be left either to the yes campaign or to the no campaign.

[Lord Dobbs]

If the noble Lord will forgive me, that is not what the amendment seeks. It is not about what the relationship might be; it is about what that relationship is intended to be, which is a very different point. That is the point on which I suggest that this amendment is flawed.

It will come as no surprise to the House to know that I do not share the enthusiasm of those who do not believe that all this information will come out in an adequate referendum campaign. I regard this amendment as being entirely unnecessary. I believe that it is ambiguous and flawed, and that no one can come up with a suitable intended relationship in those circumstances. I therefore request the noble Lord to withdraw his amendment.

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[Lord Dobbs]

Have your Lordships finished? This, of course, is a very simple amendment, but the discussion has shown that the issue is far from simple. The amendment from the noble Lord, Lord Shipley, would change the franchise for parliamentary elections to that of the local government franchise. The noble Lord wants to extend his net as widely as possible, but my noble friend Lord Teverson has indicated what muddy waters we swim in.

This amendment is far from simple on its own merits. For instance, by my reading of it, it would deprive British citizens abroad who are on the parliamentary register, but do not qualify for the local authority register, of their vote in this referendum. I know I will be told that there are later amendments that would correct that deficiency but it shows again that this is not a simple question. The issue of the franchise in all its possible forms was given detailed scrutiny in the elected Chamber, and that Chamber voted for the proposals set out in this Bill by a huge majority. It is not as a result of lack of study of this issue that we are where we are.

As has been said on several sides, there is no clear precedent for how we should set the parameters. That is what we are talking about—setting parameters and drawing a line. As a Parliament we have never come to a common, agreed set of conditions for votes in a referendum. Every referendum Bill that has gone through this Parliament seems to have had different conditions and different electorates attached to it. There are no precedents. It seems to me that the question arises: why should we give those groups whom we deliberately deny, for good reasons, the opportunity to express their views in a UK parliamentary election, a vote in our EU referendum?

I am not sure that there is any EU country which allows citizens of other, foreign countries the right to vote on issues which are entirely national. No matter how much those from foreign countries, from other EU countries, might contribute to our country, culture and society, that does not give them the automatic right to take part in all of our elections. When it comes down to it, in these muddy waters, it seems that one has to draw a line somewhere. The only sensible line is that the future of Britain lies first and foremost in the hands—

[Lord Hannay of Chiswick]

I am most grateful to the noble Lord for giving way, but he seems now to be in the process of rejecting all of about the next five sets of amendments before we have even got to them. That is a little impetuous, if I may say so. He is also ignoring the fact that of all those who have spoken in this first debate on the franchise, not one has supported the position in the Bill. It is the least justifiable of them all.

The noble Lord is of course quite right to say that some of the variants down here, including the one we are debating now, have complications about them, as the noble Lord, Lord Teverson, said. All that is being asked of the noble Lord is that he could take all these franchise issues away and think again in light of the fact that he has got the wrong one in the Bill. He has expended his eloquence, which is considerable, on this House in favour of people who are affected by this decision having a say, and now he is busy excluding several millions of them. British citizens who live in other EU countries will be deeply affected by this, and they are not going to have a say at all. European Union citizens who live here will be deeply affected; they are not going to have a say. It would be best if the noble Lord were to reflect a little more on this before dismissing out of hand all the amendments on the franchise that have been moved.

[Lord Dobbs]

I thank the noble Lord for his advice. I was hoping that he was going to get up and give me another example of a European country that accepts, on purely national issues, the right of foreign citizens to vote. There may be, and I would like to be able to examine those precedents.

[Lord Dobbs]

My Lords, they are included on the parliamentary register if they apply. This is the register which has been chosen, not by chance. The noble Lord, Lord Hannay, says that this is the worst possible register. It is not; it has been debated time and again. It is the register that we choose in our country as the standard for these issues, and have done so for many years. I do not see why the noble Lord should suddenly come out and decide that democracy as we have practised it in this country suddenly ought to be thrown out of the window.

[Lord Hannay of Chiswick]

I did not say that it was the worst possible measurement for any election. I happen to support the rules that we have for our national parliamentary elections, and will continue to do so. I merely said that it was the worst possible one for this referendum.

[Lord Dobbs]

I am suggesting that we have seen that these are muddy waters. We have to draw a line somewhere. Where is that line to be drawn? We clearly all have a different view on that but, as the sponsor of the Bill, I believe that where the line ought to be drawn is very clear. The future of Britain lies primarily, first and foremost, in the hands of British voters; not the citizens of other countries, no matter how friendly they are, how much they might contribute to our welfare or how much we enjoy them being here.

I therefore conclude that there is no need to change the provision in the Bill and that it is entirely acceptable. Indeed, it was accepted by an overwhelming majority in the elected House. I therefore suggest to the noble Lord that the case that he made, however cogently and politely, has not succeeded, and that it will not succeed in the world outside. The noble Lord is already writing headlines for the Daily Mail, which has a lot of readers—and on this issue they may well, just for once, be right: the future of this country lies in the hands of British voters, not other voters. I therefore ask the noble Lord to withdraw his amendment.

European Union (Referendum) Bill

Debate between Lord Hannay of Chiswick and Lord Dobbs

Friday 24th January 2014 Lords Chamber

[Lord Dobbs]

The noble Baroness will understand that I could spend a great deal of time with a great deal of joy talking about the Liberal Democrat position on referendums and I would happily do that in public, but, if I may, I will pass over that and get on with the points that I want to make. There is always a reason for not doing something. We must be wary in this House of falling into the trap of implying, as several noble Lords have done, that there will never be a good time for such a vote. That is how many people will interpret much of what has been said here today: that too many people feel that there is a never a time to trust them.

This process of negotiation has effectively already begun, with changes to the budget, the common fisheries policy and other things, but I shall not go into the detail of that—now is not the time. Those negotiations will make more progress between now and the referendum, and I believe that we will make more progress after a referendum—that is what a relationship is all about. That brings me to the one hugely significant point that has been mentioned here time and again: that we are binding a future Parliament.

We are no more binding a future Parliament than we did when we passed the Fixed-term Parliaments Act, which said that the election of the next Parliament but one will be held in May 2020. Exactly the same point applies for the date that is in this Bill. Let me pursue that analogy a little further.

If the next Parliament were to decide that the circumstances of the date of that election, in May 2020, were unacceptable for whatever reason, it would change it. If that next Parliament were to decide that the circumstances of the date of this referendum were not acceptable—that it had become fatally flawed perhaps by change in circumstance—it would change that, too. It would need a darned good reason to change it, one that people would find acceptable—not another game that we politicians keep playing with them over this. The people would have to be taken into their confidence, persuaded of any need for a change. However, if we keep putting off the date of this referendum, we will find that that distrust, the poison that Sir John Major said had entered the system—

[Lord Hannay of Chiswick]

Does the noble Lord realise that the analogy that he draws with fixed-term Parliaments is not very apt? This Parliament has changed the periodicity of general elections quite often in the past. The party to which he belongs used to be in favour of annual Parliaments in the early 1700s, which I do not imagine it would come back to now. That has been done, and it has nothing whatever to do with what is being proposed here. What is being proposed here is a Bill whose sole purpose is to bind the hands of a future Parliament; it has no other purpose whatever. That is surely a germane point.

The other point to which the noble Lord could perhaps reply is his suggestion that the amendment would somehow mean endless prevarication. A party which has in its manifesto at the 2015 election the holding of a referendum will have the Salisbury convention on its side to pass legislation necessary to hold the referendum when it decides to do so. If it has any sense, it will not this time put the cart before the horse and decide the date of the referendum before it has had the negotiation.

[Lord Dobbs]

My Lords, the noble Lord makes a good point: if it had any sense. I must remind the noble Lord that the Liberal Democrats had in their previous election manifesto a commitment to an “in or out” referendum, and where are they today? I mentioned at Second Reading that I do not want to make a party-political—

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[Lord Liddle]

Briefly, the Opposition attach a lot of importance to this consideration of alternatives. We would hope that there would be some kind of agreed amendment between my noble friend Lord Anderson and the noble Lords, Lord Wigley and Lord Turnbull, which we might consider on Report.

[Lord Dobbs]

My Lords, I, too, will be brief. I entirely endorse the sentiment behind these amendments. Of course the alternatives must be spelled out. This historic decision which we wish to put to the people should never be taken blind. It is, however, a question of the best mechanism for those alternatives to be spelled out. We hope that they would be taken care of simply by what is called democracy: by a referendum campaign that would be long, arduous and very detailed. I think the people would demand to know from those who were suggesting that we should not stay within the European Union precisely what the alternative was. If that alternative were not offered, they would come to their own conclusions.

It is also, however, a matter that can be dealt with under the terms of the Bill after it has been passed. It does not need to be—

[Lord Hannay of Chiswick]

The noble Lord is most kind to give way but, quite honestly, what he just said does not address the problem. The leaders of the no campaign will not be the Government on the day after they win a referendum: there will still be a British Government, which will not be them. We are now talking about what the Government tell the electorate they would do if the electorate voted no, not what the no campaign would do. If the no campaign is led by the noble Lord, Lord Pearson, heaven knows what he would do, but he will not be the Government. I am sorry; the noble Lord, Lord Dobbs, does not address the point completely.

[Lord Dobbs]

As I mentioned during the last debate, this is not a black and white, a cut-off, a once-and-for-all decision. This will be a judgment made at the time, on the circumstances—and who can tell what those circumstances will be? People will inevitably have to take into account the fact that tomorrow is another day, and it might be a different day from yesterday, but nothing is going to happen overnight. These things will all have to be dealt with and talked through, both before the referendum campaign and after it. I am entirely in sympathy with the instincts behind this amendment, but it does not need to be in the Bill to get that certainty. The issue could be dealt with at a later stage—in the next Parliament, depending on the circumstances of the day. On those grounds, and for all the other grounds that I pointed out, I request that the noble Lord withdraws his amendment.

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[Lord Dobbs]

My Lords, I believe that the convention is that if it is not a consultative referendum, it is an obligatory referendum, as was the AV referendum. It is not necessary to put in the fact that it is consultative because it is consultative unless we say otherwise. That, I believe, is the convention.

[Lord Hannay of Chiswick]

Following up the point made by the noble Lord, Lord Higgins, I am sure that the noble Lord has taken advice and that what he said is correct. But how many of his fellow citizens are going to understand that? If you read the daily press, you would believe that they think that the Bill is going to provide for a mandatory referendum. They think that the outcome of the Bill will be binding on the Government and on Parliament. If that is not the case, the noble Lord should consider very carefully—in the interests, quite rightly, of this being clear and transparent, and so that people know what they are letting themselves in for beforehand and what they are getting afterwards—whether that needs to be made clear in the Bill in some way or another, whether it is by the tense of the verbs used or something like that. Frankly, I do not believe that we can just sail through this process on the advice that he has been given and that the rest of our countrymen will understand that.