European Union Referendum Bill

Debate between Lord Kerr of Kinlochard and Lord Greaves

Wednesday 28th October 2015 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

I am going to disappoint the noble Lords, Lord Hamilton and Lord Forsyth. The sad fact is that I find myself in agreement with them. I do not agree with all that the noble Lord, Lord Forsyth, said this afternoon. Indeed, I had to wait until close to the end of this, his second Second Reading speech, to find the point at which I agreed. I agreed with the noble Lord, Lord Hamilton, and I agree with his amendment. I, too, have a worry about timetables and I, too, know what the Government’s assurance has been. Since that assurance has been given, why should it not be in the Bill? My particular worries about purdah are not exactly the same as those of the noble Lord, Lord Hamilton, but we will discover that when we come to later amendments. However, it seems to me that Amendment 1 has to be correct, and I hope that the Government will buy it.

The noble Lord, Lord Liddle, provoked a lively debate on Amendment 2, and we should be grateful to him. However, it seems absolutely clear to me that the Bill should not be amended as he proposes. We are operating on the basis of the Conservative Party manifesto, which the country voted for. It is clear that the referendum must happen by the end of 2017. For us to play with the idea of an extension would be extraordinarily dangerous.

As the noble Lord, Lord Liddle, took the opportunity of pointing out, it is the case that it is not possible on that timescale to secure treaty change. When the strategy was first unveiled, in the Bloomberg speech, there was time for the five stages that treaty change must go through; the final stage being national ratification, in some countries by referendum. It would have been possible then, but it is not possible now—we all know that. Therefore, the point about honesty was a little overdone, because the country is well aware that a treaty change is not securable on that timescale. However, I think that the noble Lord, Lord Liddle, was only teasing, and we should move on now from this second Second Reading and get back to the detailed scrutiny of the Bill. I support Amendment 1 and oppose Amendment 2.

[Lord Greaves (LD)]

My Lords, there is a long tradition in this House that is always deplored: the debate on the first group of amendments to a Bill should not be another Second Reading—but we always do it.

I do not know whether it will please the Minister or not, but I want to ask a very genuine, simple, short, Committee stage question. The noble Lord, Lord Liddle, with his tongue in his cheek, suggested that the referendum might be as late as 2019. I do not agree with that, for pretty well all the reasons that have been stated around the Committee. If we are to have this thing, we need to have it as quickly as possible, otherwise it will poison the whole process of British government and politics for another two years. We really do not want that.

Clause 1(3) says that the referendum must not be on 5 May 2016 or 4 May 2017. These, of course, are the ordinary days of local elections in those years. As I said at Second Reading, I very much approve of that. The Bill says that the referendum cannot take place on local election day. What it does not say is that local election day could not be moved to take place on the same day as referendum day. If the negotiations are quicker and more successful than perhaps people expect, it might be that the referendum could be in May or early June next year, but if they drag on and on for much longer than people hope, it could be in the spring of 2017. There would then be a real temptation, I suspect, in at least parts of the Government, to combine the polls. I am asking for a commitment from the Minister that that cannot happen. Will she explain to me why, in the absence of this prohibition in the Bill, it cannot happen?