EU Referendum Leaflet

Baroness Stuart of Edgbaston Excerpts

Monday 9th May 2016 Westminster Hall

[Paul Scully]

I thank my right hon. Friend for bringing to my attention the extra 20 people who have been galvanised by the thought of this afternoon’s debate. I want to read into Hansard the whole prayer of the petition, headed “STOP CAMERON spending British taxpayers’ money on Pro-EU Referendum leaflets”:

“Prime Minister David Cameron plans to spend British taxpayers’ money on a pro-EU document to be sent to every household in the United Kingdom in the run up to the EU referendum. We believe voters deserve a fair referendum—without taxpayer-funded biased interceptions by the Government.

We, the petitioners, demand the Government STOPS spending our money on biased campaigning to keep Britain inside the European Union.

The Great British Public have waited since 1975 for a vote on our relationship with Brussels. No taxpayers’ money should be spent on campaign literature to keep Britain inside the EU.”

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Does the hon. Gentleman agree that the Prime Minister could have learned something from Harold Wilson? Not only did he give a free vote, but the information that was circulated made both cases equally.

[Paul Scully]

I absolutely agree with the right hon. Lady. As Members will see as I develop my argument, it is important that we have a fair and level playing field for the important decision that we have to make on 23 June.

When an e-petition reaches 10,000 signatures, the Government must issue a response, and they have done so. I will read a brief extract, though I am sure that the Minister will expand on it when he responds. It states:

“This is a big decision for the country. The Government is determined that the public should be clear on what reforms have been agreed, and what EU membership means for the UK.

The Referendum Act requires the Government to publish reports that set out the outcome of the negotiation of our EU membership and the Government’s opinion on that outcome and provide information on rights and obligations in EU law and on examples of countries that do not have EU membership but do have other arrangements with the EU.”

The leaflet went to households across England between 11 and 13 April, but it is going to Scotland, Wales and Northern Ireland this week, to avoid the pre-election purdah rules in relation to last week’s elections.

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[Ms Gisela Stuart]

During the passage of the Lisbon treaty, the then shadow Foreign Secretary, William Hague, referred to the red card of national Parliaments only ever being invoked if something like the slaughter of the first born was proposed. As the red card was part of the Prime Minister’s deal, does the hon. Gentleman agree that that could be the next threat—one that is not mentioned in the leaflet?

[Paul Scully]

The right hon. Lady is absolutely right. It is interesting that the orange card in the Lisbon treaty has been replaced by the red card in the reforms secured by the Prime Minister, which sets a higher bar for reversing or rejecting legislation proposed by the EU.

As we have heard, back in February the Prime Minister ruled nothing out if he did not manage to succeed in securing reforms. Those reforms, meagre as they were, were based mainly on pull factors for migration and avoiding deeper integration. He and the remain campaign have gone as far as saying that we might be risking a war if we vote to leave. Is that really what this debate has been reduced to—cheap holidays or war?

I am pleased to see that the Chairman of the Select Committee on Foreign Affairs, my hon. Friend the Member for Reigate (Crispin Blunt), has taken a more measured view. He worked through the possible effects on our foreign policy of two positive options, in a report agreed unanimously by his Committee, before coming to his decision in favour of Brexit only today.

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[Kate Hoey]

Indeed, President Obama was quite wrong. When I was in Washington last weekend, we met a lot of senior Democrats and Republicans who said to us quite publicly, behind the scenes, that the UK leaving the EU would really not make any difference whatever to the United States. That is what the ordinary political person in America thinks. However, the vast majority of the American public do not even know what the EU is, so what President Obama said is not too worrying.

It annoyed me so much that one of the facts in the leaflet is:

“The UK has secured a special status in the EU.”

I have read a lot about that and have been through various documents, and I would love to see where that wording is actually included in the renegotiation document by the Heads of Government.

The renegotiation is not legally binding. The hon. Member for Stone (Sir William Cash) has done a lot of work on that in the European Scrutiny Committee. We cannot be confident that the aim of ever closer union will, in any way, do anything other than to take the renegotiation into account. It is so ridiculous that that has been put in, and I want the Minister to respond to that point.

[Ms Gisela Stuart]

I raised that point with the Prime Minister and asked him whether he could cite a single occasion when ever closer union was the sole basis for legal judgment. He wrote back to me admitting that there was not an example.

[Kate Hoey]

That “fact” is therefore completely untrue. Although I do not want us to spend more public money, we really should produce another leaflet pointing out all the things that are wrong in this one.

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[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Oh, the joys of email inboxes. I received an email about the leaflet; it had an attachment that I printed off. It looked much like the Government’s leaflet, except that it was by “A British citizen”, who had written her own leaflet based on the Government’s, called “Why I believe that voting to leave the European Union is the best decision for the UK”. I thought her leaflet made a darn sight more sense than the Government’s. Given the current debate about national security, I thought I would share what she wrote. The only reason why I do not name her is that I did not check whether it was all right to do so. She was happy for me to use the leaflet. Under “Keeping us safe”, she wrote:

“Our UK police and intelligence agencies do a fantastic job. There is no EU intelligence sharing arrangement, and there is unlikely to be one soon. Security and intelligence services are intrinsically secret organisations which share their information only with those they trust to keep their secrets. There are direct agreements between certain member states. These are not dependent on membership of the EU.”

Based on my impressions from reading the Sunday newspapers, she shows a greater understanding of how our intelligence services work than some of our former heads of MI5 and MI6, who put the facts in a way that suits their case.

[Mr Jenkin]

The Prime Minister discussed in his speech today the importance of sharing our intelligence with our European partners, but I am sure the right hon. Lady knows about the importance of our relationship with the United States, which spends $52 billion a year on signals intelligence and gives us everything it has whenever we ask for it. It would not do that if it thought we would give it to the French and the Germans; it would cut us off instantly. That was its experience in the Kosovo campaign, when there were intelligence leaks to the French. It would simply not countenance supporting that intelligence relationship if we shared all our intelligence with our European allies, as the Prime Minister seemed to suggest we do in his ludicrous speech.

[Ms Stuart]

I could not agree more. The House is currently considering the Investigatory Powers Bill, and our intelligence services operate under strict democratic oversight processes that determine how they use data. Agreeing to European Union-wide intelligence sharing, or handing over data to systems when we are not even certain about the democratic scrutiny of those systems, is just not going to happen.

It is dangerous to distort historic events, given that the referendum has historic significance and that a whole generation of young people who have probably never experienced anything else will be voting. As it happens, tomorrow will be the 75th anniversary of the day when this House was severely damaged during bombing raids. Churchill made it clear that whatever happened, Parliament would have to go on. I see that I am getting a puzzled look; it was the night of 10 to 11 May. It was clear that the most important thing, even at the height of real attacks, was that democratic processes go on, because they were at the heart of this country.

There have been statements such as, “We have secured 70 years of uninterrupted peace in Europe.” Try saying that to the hundreds of thousands of Bosnians and Serbs who had to give their lives before the United Kingdom and the United States took action, without a UN mandate. When the European Union did get involved politically, it made a complete and utter hash of it. We must not lie to the young. I expect the old at least to be able to make up their own minds and have historical perspective.

I object to the final page of the leaflet. The Minister is looking at it; he needs to note this. People came up to me in my advice surgery saying, “Do I have to register to vote for the referendum?” I did not know what they were talking about until I looked at the back page, which says:

“If you’re aged 18 or over by 23 June and are entitled to vote, this is your chance to decide.”

So far, so good.

“Registration ends on 7 June. Find out how to register at aboutmyvote.co.uk and register online at gov.uk/register-to-vote.”

People are reading that to mean that they will have to register specifically for this vote. That is misleading.

It is also highly dubious to align the issuing of postal votes closely with the date on which purdah will kick in. The Electoral Commission is issuing postal votes very early on. In my understanding, the whole purpose of purdah is so that Government machinery will not unduly influence voters’ decisions. Electors are used to political parties taking sides, but they are not used to the Government, in their guise as the Government, taking deeply party political decisions. I want the Minister to show me that he has taken due account of that, so that purdah and the issuing of postal votes will not overlap and there will not be some Treasury report a day before the postal votes land on doormats telling us that we are all going to starve and start sending children up chimneys again. Will he have a word with the electoral registration officers about the misleading statement that has been made?

Similarly, we must put the costs of the leaflet into context. It has cost £9.3 million. The Electoral Commission was set up as an independent body to facilitate fair conduct of such a referendum. As part of that fair conduct, two organisations have been designated to make the case for and against. Those participating have strict financial limits. The Minister will have to explain to me why it is fair and proper to allow the in and out campaigns to raise £7 million each from individual sources, not Government money. There is a real misconception about that. People think that the campaigns have been given that money by the Government. They have not. They have been given permission to raise it. Yet the Government, in one mailshot, have spent more taxpayers’ money than they are spending on the whole process of facilitating the election. That kind of imbalance is simply wrong.

[Scott Mann (North Cornwall) (Con)]

I have done some brief calculations on the back of an envelope. We have 650 MPs—let us say that each of us was entitled to £13,500. There are a couple of worthwhile projects in my constituency that I would have supported, including a new transport plan for St Teath. Does the right hon. Lady have any projects in her constituency on which she would have liked to spend that £13,500?

[Ms Stuart]

A couple of schools immediately come to mind, never mind hospitals.

[Mr Steve Baker (Wycombe) (Con)]

It might help the right hon. Lady to know that the Minister for Europe and I share a county in which the health trusts’ deficit this year is approximately the same as the amount of money spent on the leaflet.

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[Ms Stuart]

The sad thing is that not only has that money not been spent more helpfully and usefully, it has been spent to undermine democratic processes. What worries me more than anything else is that this vote is meant to reinvigorate democracy and encourage participation, but it is causing increased mistrust and cynicism, which is not helpful.

[Tom Pursglove]

One thing that I know as a former local councillor is how much work local authorities and public bodies must do to prove value for money. Does the right hon. Lady think that the Minister will be able to set out for us what value-for-money steps were taken in the procurement?

[Ms Stuart]

I am sure that he could, but the problem is that it is a bit like spilt milk—once the damage is done, if we were to say that we wanted another leaflet putting the facts straight, that would simply compound the problem.

The only points that I want the Minister to respond to in his summing-up are how intends to redress the statement about voter registration and how he will deal with the situation with postal votes and purdah.

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[Pat Glass]

It is not. It is called “Labour In for Britain”. I am part of a Labour campaign. As far as I can see, the leaflet is entirely legal. It has been issued by the Government well in advance of the last 28 days of the referendum period, when section 125 of the Political Parties, Elections and Referendums Act 2000 will apply and restrict publications about the referendum by bodies or persons that are wholly or mainly publicly funded. The leaflet represents the official view of the Government on the biggest decision that this country will make in a generation and which will impact on this country and our neighbours for decades. In my view, it would be unacceptable for the Government not to have a view on that and not to share that view with the people of this country.

[Ms Gisela Stuart]

Will my hon. Friend give way on that point?

[Pat Glass]

No. As has been pointed out, we have had a huge debate, but we have heard one side of the argument. Hon. Members should do me the courtesy of allowing me to give the other side of the argument.

It seems perfectly reasonable to me for the Government of the day to set out their position in the referendum. This is not a precedent; it is exactly what Governments have done before. This leaflet is clear, and the title is not misleading. It seems to me, and no doubt to those watching the debate today, that those challenging the leaflet are hoping to silence the arguments contained in it, rather than discussing the merits of issuing a leaflet or the cost.

We know that, on this issue, the Labour party—I expect to get one or two requests for an intervention here—is largely of one voice. A handful of my colleagues—I think it is five altogether—have long-held and deep-set views on the issue, and I absolutely respect that, but I think they are mistaken, and they would certainly have to agree that they are out of step with the vast majority of the parliamentary Labour party, constituency Labour parties and Labour voters. The Conservative party, however, is split on the issue. Let us look at the facts. We have a parliamentary Labour party pro-EU group. That group has 214 members.

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[Mr Lidington]

I am sorry, but there was a collective Cabinet decision. There are and always have been—for as long as I have been in politics—honourable, sincerely held differences of opinion within our party and within the Labour party about the European question. The Prime Minister therefore said that, on this issue and this issue alone, he would relax the normal rules by which Ministers are obliged to support the collective Government position without question and that those Ministers would, in a personal capacity, be able to express their dissenting views.

[Ms Gisela Stuart]

I am happy for the Minister to write to me on this point. As he places significant importance on the Government’s website, can he tell me where, as of today, I can find certain quotations by the Prime Minister and the Chancellor of the Exchequer? As recently as four months ago, they said that we would be perfectly alright outside the EU, but those quotations have disappeared from the website.

[Mr Lidington]

The hon. Lady does not have to search through the Government website. She can look at Hansard and will see that my right hon. Friends have, on many occasions, said that the United Kingdom could survive outside the EU. However, the question that faces the electorate in the referendum is whether remaining in the EU or leaving the EU is the best outcome for our prosperity and security. It is my contention, and the Government’s contention, that the economic and political interests of the UK and all its people are best served by continuing to remain as active and leading players in the primary international organisation on the continent of Europe.

The leaflet follows precedent from previous referendums, including that on EU membership in 1975, when a Government leaflet was also distributed. It also follows the precedent of the referendums on the creation of the Scottish Parliament and Welsh Assembly in 1997 and on the creation of the mayoral system in London in 1998, and of two Government leaflets during the Scottish referendum in 2014. Government publications of this sort, including the distribution of the leaflet, are entirely lawful. However, I can confirm that, as set out in section 125 of the Political Parties, Elections and Referendums Act 2000, special rules limiting Government publications of all kinds will apply during the last 28 days of the referendum campaign.