European Union Referendum Bill

Baroness Anelay of St Johns Excerpts

Wednesday 18th November 2015 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, the two amendments in my name in this group were put down in the five working days we have had since Committee and I tabled them just to ensure that they were on the Marshalled List. Since then, my noble friend the Minister has very much met the concerns of these amendments, particularly in terms of the 10-week period for the regulations to come out leading up to the referendum day itself.

I also accept that the period of six weeks previous to that for the other regulations that have to be approved has proved to be rather too complicated, so I am basically happy with what my noble friend has done and I thank her for the amendment that she has brought forward, which meets the concerns. They were, of course, that until we had this provision in the Bill, the Government had the ability to call a referendum with 28 days’ notice, but now this will not be possible since we will have the 10-week period enshrined in the Bill itself. That is an important modification as far as we are concerned, and again I thank my noble friend for what she has done. I do not know whether the noble Lord, Lord Kerr, is in his place, but I am sure that he will be grateful to know that I am not going to speak any longer. I beg to move.

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

My Lords, it may be for the convenience of the House if I speak now. I have amendments in this group and I have spoken to noble Lords who have amendments in this group—apart from the noble Lord, Lord Willoughby de Broke. I apologise for not being able to mention the fact that I might intervene early to explain the Government’s position. It does not, of course, prevent me from answering questions later if noble Lords so wish.

In this group there are three areas on which the Government have carefully considered the views of Peers, as expressed in Committee, and have brought forward amendments in response. As my noble friend Lord Hamilton has kindly set out, we have sought where possible to respond entirely positively.

The Government’s position is that in order to ensure public confidence in the outcome of the referendum and an informed vote, it is essential that there is a referendum period of sufficient length to allow a full and thorough debate with appropriate controls on spending donations. It was never the Government’s intention to set a referendum period of less than 10 weeks. However, we listened very carefully to my noble friend Lord Hamilton, the noble Lord, Lord Willoughby de Broke, and others around the House on this matter and we agree with noble Lords that a 10-week minimum referendum period should be set out on the face of the Bill. That is the effect of government Amendment 9. I stress that it is a minimum period of 10 weeks.

I hope that all noble Lords will appreciate that this should deliver the intent of Amendments 8 and 7B. It also, I hope, provides a little extra clarity over the referendum period itself by making it absolutely clear that the referendum period ends with the date of the poll itself. The amendments tabled by noble Lords did not make that clear.

Perhaps it is not right for me to rehearse the background to my noble friend Lord Hamilton’s amendment. He has been commendably brief, so perhaps I will follow his example in that regard. He has already made it clear that he accepts that Amendment 1 is unnecessary if the House were to accept the government amendment, which puts a minimum of a 10-week referendum period on the face of the Bill. My noble friend also said that he is content not to press ahead with the second part of his amendment, which would require regulations setting the date to be laid at least 16 weeks before the referendum can be held. Noble Lords will be aware that we have an established procedure for laying and making affirmative secondary legislation, and that will be followed in this regard. That takes some time in itself.

I very much thank my noble friend Lord Hamilton and others for their constructive engagement on these issues, and I hope that noble Lords will support government Amendment 9 and not press the other amendments related to these matters.

Amendment 10, tabled by the noble Lord, Lord Willoughby de Broke, relates to the time when the process of designating lead campaigners should begin. Under the Political Parties, Elections and Referendums Act 2000, which provides the framework for national and regional referendums, the start date of the designation process is the first day of the referendum period. At the alternative vote referendum, where there was an 11-week referendum period, this caused some concern because it meant that lead campaigners were not designated until about five weeks before the referendum took place. Legislation for the Scottish independence referendum provided for a different approach whereby the lead campaigners were designated shortly before the referendum period.

While this does have the advantage of ensuring that the lead campaigners have sufficient time to use their benefits for any given date, it could restrict the time available for the referendum period, which is when the full controls on campaigning apply, or indeed could limit the choice of referendum dates. I know that that was not the intent of the noble Lord’s amendment—he is not seeking that technical route.

--- Later in debate ---

[Lord Forsyth of Drumlean (Con)]

My Lords, I add my thanks to my noble friend for the way in which she listened to the arguments put in Committee. I hate to rain on this parade at this stage but after reflecting on the amendment of the noble Lord, Lord Hannay, I have one or two worries which I hope that my noble friend will consider before she brings forward an amendment at a later stage in the Bill. As I understand it, this amendment would mean that if there was only one designated campaign, it would still get access to broadcasting time and taxpayers’ money to carry out the campaign in circumstances where the Electoral Commission had designated only one campaign. I entirely understand the concern the noble Lord had, which was reflected in the legislation for the Scottish referendum. Suppose two competing organisations wished to be the lead campaign, and there was disillusion with the decision that had been taken by the Electoral Commission and that was subject to judicial review, and that we got into a position where there was no clarity about the position of an opposition and therefore no alternative campaign. It would then clearly be absurd to put a quango—an unelected, unaccountable body such as the Electoral Commission—in a position where it could effectively ensure that only one side was supported with taxpayers’ resources and the ability to go to the broadcasters. It is highly unlikely that this situation would arise but, as the noble Lord has pointed out, his own worries, which the amendment is designed to deal with, are also highly unlikely. Has my noble friend thought about that, and what is the answer to my concern?

[Baroness Anelay of St Johns]

My Lords, I will refer first to the question raised by the noble Lord, Lord Willoughby de Broke. He asked for further confirmation, just to be absolutely sure about the fact that the referendum period will be a minimum of 10 weeks and in advance of that is the designation period. The two cannot be conflated. I think that gives him the satisfaction he sought that there is no way of concertinaing it, if I can put it that way.

I am grateful to the noble Lord, Lord Hannay, for his comments, but I recognise what he said about the importance of looking not just at gaming, although that will be at the basis of this. This leads neatly to the concerns rightly raised by my noble friend Lord Forsyth. As soon as one enables single-sided designation, one has to consider very carefully the inequity that may follow. That is why I was not able to put my name to the text of the amendment, even if it had been in the right place in the Bill. That is what I commit to look at between now and Third Reading.

My noble friend is absolutely right to point out that only the designated lead campaigners are entitled to a referendum broadcast. Where there is only one designated campaigner, it would indeed raise questions of partiality rather than impartiality if only one person had access to that. These are matters on which the Government have already been reflecting since Committee, and need to reflect on further. Designated lead campaigners are entitled to an equal grant of up to £600,000. It is not immediately clear how that would operate with just one lead campaigner. The Government have been reflecting and will reflect further and consider the views of noble Lords, but we need to consider how to incorporate or otherwise these benefits into a system where it will end up being possible for only one lead campaigner to be designated.

My noble friend has raised an important matter. In the light of my response to that and my commitment to work further with noble Lords before Third Reading, I hope that when the government amendments are called the House will feel able to support them, and that noble Lords will not press their amendments.

[Lord Hamilton of Epsom]

I think I have made it quite clear already that I am more than happy to withdraw my amendment.