European Affairs

Bernard Jenkin Excerpts

Thursday 25th February 2016 Commons Chamber

[Mr Hammond]

The Government’s position is that the referendum is an advisory one, but the Government will regard themselves as being bound by the decision of the referendum and will proceed with serving an article 50 notice. My understanding is that that is a matter for the Government of the United Kingdom, but if there are any consequential considerations, they will be dealt with in accordance with the proper constitutional arrangements that have been laid down.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I rather concur with the right hon. Member for Gordon (Alex Salmond), because I think that before the Government could move to any action as a consequence of the referendum, it would be essential for Parliament to debate the matter and for the Government to obtain consent from Parliament.

On the question of what happens if we leave, may I enlighten the Foreign Secretary? First, there is no obligation to go for article 50. Secondly, we would be taking back control over our borders, our laws and the £10 billion a year net that we give to the European Union. It would buy us plenty of options, which the Government seem determined to prevent us from even discussing.

[Mr Hammond]

My hon. Friend raises again the suggestion that there is no need to treat an exit vote as triggering a notice under article 50. He seems to suggest that there is some other way of doing it. He raised the question on Monday and I looked into it, because he caught my imagination, but I have to tell him that that is not the opinion of the experts inside Government and the legal experts to whom I have talked. We are bound by the treaty until such time as we have left the European Union. The treaty is a document of international law, and Ministers are obliged under the terms of the ministerial code to comply with international law at all times.

The UK’s current access to the single market would cease if we left the EU, and our trading agreements with 53 countries around the world would lapse. It is impossible to predict with any certainty what the market response would be, but it is inconceivable that the disruption would not have an immediate and negative effect on jobs, on business investment, on economic growth and on the pound. Those who advocate exit from the EU will need to address those consequences—the substantive consequences, of the kind that the British people will be most focused on—in the weeks and months of debate to come.

I want to say something about the environment in which the putative negotiations would be conducted, because it is crucial to understand how difficult the discussion would be.

Over the past 18 months, I have got to know pretty well my EU counterparts, and in many cases their senior officials, as well as the opposition figures in most of their countries and key figures in the Commission and the European Parliament. There is, perhaps surprisingly, an overwhelming consensus among them about the importance of Britain remaining a member of the EU. However, they, too, are politicians: they, too, have constituents to whom they are having to explain, even now, why Britain adds so much value to the EU that it has to be allowed a unique and privileged set of arrangements that are not available to any other member state. They have, collectively, already invested a lot of political capital in delivering on Britain’s agenda. I tell the House, frankly, that if we reject the best-of-both-worlds package that has been negotiated by the Prime Minister and if we reject the unique and privileged position in the European Union that is on offer to Britain, the mood of good will towards Britain will evaporate in an instant. That would be our negotiating backdrop. To those who say they would have to negotiate—

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[Mark Pritchard]

I am grateful to the Foreign Secretary—

[Mr Jenkin]

Rent an MP!

[Mark Pritchard]

I am showing respect, and I am sure my hon. Friend would want to show respect as well. I think if you insult people, you have a weak argument.

Does not the United Kingdom have a veto over foreign policy in Europe? If we were to leave the European Union, the United Kingdom would have less influence, by definition, on European Union foreign policy, and it would be more likely that European Union foreign policy was dominated, for good or bad, by France and Germany.

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[Mr Hammond]

I will in a moment, but I want to make a little more progress.

In addition, any market access we agreed with our former EU partners would come at a very high price. We know that because we know what the basic models are for access to the single market for non-EU member states. We can look at Norway: pay up as if you were a member state, accept all the rules as if you were a member state, allow full free movement across your borders as if you were a member state, but have no say, no influence and no seat at the table; or Switzerland: spend eight years—

[Mr Jenkin]

It’s silly.

[Mr Hammond]

My hon. Friend says it is silly, but it is a fact that that is where Norway is today. It is a fact that it took Switzerland eight years to negotiate piecemeal access to the single market sector by sector, and it has had to accept three times as many EU migrants per capita as the UK. That surely cannot be the future for Britain that the leave campaign seeks: it is literally the worst of both worlds.

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[Mr Hammond]

The hon. Lady has put her finger on it. That is what this debate will hinge on. Those who propose that we remain argue that we should stick with a proposition we know and understand, and lay on top of that the additional benefits that the Prime Minister has gained for us in the negotiation. Those who propose that we leave do not know—because they cannot know—what they are proposing to the British people. They can tell us what they would like to achieve and what they would hope to negotiate, but by definition they cannot know until afterwards and the British people cannot know until afterwards what proposition they would be voting for.

[Mr Jenkin]

Will my right hon. Friend give way?

[Mr Hammond]

No. I want to move on to setting out what I see as the consequences of Britain deciding to remain.

If Britain decides to remain a member of the EU, I want it to do so with the mindset of a leader. Having renegotiated the terms of our membership and secured the protections we need against further integration, we need to be a loud voice in the EU. We need to exercise our influence as Europe’s second largest economy and the recognised leader of its reform movement. We need to stop seeing ourselves as passive victims of the EU, and start to see Britain for what it is—one of the most powerful and influential member states, and one to whom others look for leadership in keeping the EU on track as a competitive, outward-looking, free-market union that is engaged with the challenges of a globalised economy.

We can take on that role because Europe is changing. There was a time when Britain, with its sceptical approach to the European project, really was in a minority of one, but the political balance across the EU is shifting away from an unquestioning acceptance of the inevitability of “more Europe” to an engaged scepticism—a desire for the EU to focus on where it can add value, leaving the member states to get on with their own business where it cannot; and a recognition of the benefits of membership, with an increasing focus on the costs and a healthy pragmatism about the limits to what the EU can deliver. In Denmark, Finland, Poland, Hungary and other Baltic and eastern European member states, we increasingly find like-minded partners who share our vision of Europe. Even in the Netherlands, one of the founder member states, the mood has shifted sharply. In that country, there is a slogan that rather neatly sums up what I think most people in Britain think about the EU: “National where possible, Europe where necessary.” Across the continent, the population, as opposed to the political elites, has become more sceptical about the EU and more focused on the need for reform and accountability.

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[Alex Salmond]

They are the ones I made at the start of my speech in suggesting that the debate should be focused on the importance of Europe in terms of social policy, the environment, why we should have solidarity in terms of refugees, and the achievements of Europe in keeping the peace in Europe, ensuring prosperity and workers’ rights. These are the arguments we are going to focus on.

It is important to pursue the end of my current point, however. The Foreign Secretary has just said no further process or vote in this Parliament would be necessary for the Government to invoke article 50, because what Parliament would gainsay a referendum vote across the UK? But in the possible circumstance that Scotland has just voted in favour while the UK has voted against, what self-respecting Scottish Parliament, having a vote, as is indicated through the Sewel convention procedure, would not vote in the way the Scottish people had voted in such a referendum, by exactly the same argument?

[Mr Jenkin]

Even if Scotland were to vote to leave the EU, the case the right hon. Gentleman is making for proper consultation and a proper constitutional process would be just as powerful. Does he agree that whatever the outcome of the referendum, the Government remain answerable to Parliament and they should not proceed to any precipitate or even self-harming action, which a precipitate move to article 50 might be, unless they have consulted Parliament and gained its consent for the next steps? In my view, that might require some discussion with all our European partners and consultation with other parts of the United Kingdom.

[Alex Salmond]

I was pointing out that if the Government’s position that such a process would not be necessary because there had been a referendum vote, where does that leave the Scottish Parliament, if, under the conventions I have cited from the Library document, it was to have a parliamentary vote, having had a positive popular vote—a yes, an “in” vote—for Europe, using exactly the same argument as the Foreign Secretary now deploys to announce the democratic short-circuiting of parliamentary convention? The Foreign Secretary should think through the implications of this argument.

Someone else has thought through those implications. This is another first for me as having agreed with the right hon. Member for Mid Sussex (Sir Nicholas Soames) for the first time in 30 years, more or less, I now find myself agreeing with the former Prime Minister Tony Blair for just about the first time—certainly for the first time in the past 10 to 15 years. He made the following comment in a French radio interview—we hope the translation is good:

“In my opinion…if the United Kingdom votes to leave Europe, Scotland will vote to leave the United Kingdom.”

As I say, for once I think the former Prime Minister has put his finger on the heart of it.

The First Minister of Scotland has also alluded to these possibilities and she is well justified in doing so, because during the referendum campaign of 2014 one of the arguments made by the no side was that we would jeopardise our position in the European Union if Scotland voted yes. That sounds ironic now, given the process we are going through, but none the less that was one of the key arguments. Secondly, she is justified because during last year’s general election, she described exactly these circumstances as being a change in material circumstances which would justify another referendum and she then received a mandate of 56 out of the 59 seats in the House of Commons from Scotland. When the right hon. Member for Leeds Central (Hilary Benn), from the Labour Benches, says that we will vote as one United Kingdom and dismisses this point as if it was of very little consequence, he should remember that it is exactly that attitude which resulted in the Labour party not only being part of one United Kingdom, but having only one Member from Scotland to represent it in that United Kingdom.

The arguments I have made about Scotland could also be applied to Wales. Certainly, the Welsh opinion polls show a much less clearcut position on the European issue. This Library note also points out that in 2011 the people of Wales voted in a referendum massively for part of a referendum settlement that included the instruction that members of the Welsh Executive were to be compliant with EU law. They already have a pre-existing referendum mandate which could embrace parts of the European cause.

In summary, I would say two things to the Government in this campaign. First, they should recognise that in order to build an “in” majority, which is the objective, there will have to be a great deal more reflection and emphasis on the arguments that are likely to inspire support from a range of political opinion, as opposed to arguments that will fend off the remaining Eurosceptics who have decided to vote no. Secondly, in particular, the Government should have a great deal more sensitivity to that range of arguments than has been displayed thus far. In the space of the past week, since the referendum was announced, the Prime Minister has disregarded the Leader of the Opposition, and the views of the First Ministers of Wales and Scotland on the timing of the referendum. That is not an auspicious start in having the sort of broad campaign that can result in victory.

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[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I am most grateful for your advice, Madam Deputy Speaker, and I am pleased to follow the hon. Member for Lewisham West and Penge (Jim Dowd).

I beg a little indulgence for a moment. It is highly irresponsible to bring in the Northern Ireland peace process as yet another scare against voting leave in the referendum. There was an open border between the Republic of Ireland and Northern Ireland when Ireland was not a member of the European Union and we were, and perfectly reasonable arrangements will be made with the Republic of Ireland if the United Kingdom votes to leave the EU. There are participants in the peace process on both sides of the debate, and they are talking perfectly constructively together. They will not allow this to become an obstruction to peace in Northern Ireland, and nor should we talk it up, because I think that that would be irresponsible.

I want to make the point that I am not advocating a second vote. If we get a vote leave in this referendum, as I expect we will, that will do for me. The point I am making is that article 50 is a provision of the treaties that we will have just rejected. The idea that we are bound to follow the article 50 provisions after we have just rejected the treaties in their entirety seems a bit odd. Given that the treaties were created by 28 member states negotiating together, 28 member states negotiating together to rescind our membership of the European Union might be a more sensible approach. However, that should be decided by Parliament, not by the Government acting on Crown prerogative in an act of petty vengeance to scare people.

[Peter Kyle]

The hon. Gentleman is saying that once we say no to the EU, we will tear the whole thing up and do it all on our terms, but he expects there to be a cordial relationship afterwards while we renegotiate on terms that are favourable to us. Are not those two things completely and utterly incompatible?

[Mr Jenkin]

Let me put it another way to the hon. Gentleman. Is he seriously suggesting that after the British people have rejected the treaty on the functioning of the European Union and the treaty on European Union, our European partners are going to say, “You may have rejected all that, but you are bound by this”? That is ridiculous. It is absurd. It is far more likely that Parliament will want to discuss the matter, the Government will produce a proper White Paper and we will proceed in an orderly and consensual manner, not in a precipitate one. The only reason those in favour of remaining are raising this is to try to scare people. It is another scare story, and we are not having it.

The hon. Member for Lewisham West and Penge also talked about uncertainty. May I point out to him that every time we have a general election, there is a certain amount of uncertainty? My goodness, at the next general election, if there is any possibility of the Labour party being elected, boy, there will be uncertainty! There will be uncertainty in the markets, and there will be pound gyrations. Democracy is about uncertainty, but we get more uncertainty where there is no democracy: look at Greece; look at Spain; look at the eurozone. That is uncertainty, and it is the uncertainty that we want to get out of.

If we vote leave, we know what will happen. We will get our powers back. We will get control over our borders. We will be able to spend the money that we send to the European Union as we want to spend it, instead of subsidising our European competitors. Three hundred and fifty million pounds a week, or a net contribution of £10 billion a year—that is a lot of money. We will be able to pay for the roads in Scotland. We will be able to pay for universities. We will be able to pay for the investment in science and research that we need, and then some.

The real question in the debate is what happens if we vote remain. What new laws will be imposed on us after we vote remain? What judgments will the European Court of Justice visit upon us over which we have no control? What about the next treaty? We know that there will be another fiscal union treaty like the one that the Prime Minister vetoed a few years ago. The agreement states:

“Member States whose currency is not the euro shall not impede the implementation of legal acts directly linked to the functioning of the euro area and shall refrain from measures which could jeopardise the attainment of the objectives of economic and monetary union.”

It sounds as though we are giving up that veto. We will not be able to veto a fiscal union treaty if we have signed this agreement, particularly if it is legally binding and irreversible. We are going to be stuffed. In whatever way that treaty affects our interests—we can even have a referendum on it—if we abide by this agreement, we will not be able to stop it. Talk about uncertainty; I think it is safer to leave.

Let me declare an interest as a director of Vote Leave. Let me also praise my right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames) for raising the tone of the debate and giving us an historical perspective. He underlined the fact that we are at a turning point in the history of our country. I was struck by the shadow Foreign Secretary’s reminder that more than a generation has passed since the last referendum, when his father was opposed and my father was in favour. Today, the shadow Foreign Secretary is in favour and I am opposed. I shall not speak for my father in this debate, but there has been a reversal of roles. The real question is: should the debate be about the past or the future? We do not live in the world as it was after the second world war—pre-globalisation, pre-global trade, pre-computers and the internet, pre-space age and pre so many of the scientific discoveries that affect our world today.

[Sir Nicholas Soames]

I am grateful to my hon. Friend for what he says. I have huge respect for his views, but does he not agree that we cannot make a serious judgment about the future unless we are quite clear about what went before?

[Mr Jenkin]

We should be ready to recognise the EU institutions our continent has inherited as so last century, but I was going on to say that we must never forget the forces of history and the tragic errors of the past that have shaped the present on our continent, although we must also have the courage to embrace the change in our society and in the world that will otherwise leave us stranded with and clinging to outdated ideas and constructs. Our main contention is exactly that; the EU is an outdated construct.

[Sir William Cash]

Does my hon. Friend agree that if we remain we would in effect be in the second tier of a two-tier Europe dominated by other countries?

[Mr Jenkin]

That is a whole new argument, which I accept, but I am not going there now.

The referendum represents not just a turning point in itself, but just one point on a trend that is increasingly paralysing our entire continent, the unity of which is being shattered by the very institution that was intended to unite it. Let us look at the eurozone and at the Schengen free travel area and the migration crisis. Whereas in 1975 my party, myself included, was enthusiastic for membership of the European Communities, today my party—and, I believe, my country—knows that the world is utterly different.

Today, the strongest arguments for remaining appear to be ones saying that we are determined not to participate in the three main purposes of the EU: we will not join the euro, we will not join the Schengen free travel area and we will not be in a political union. What is the point of our being in this arrangement when we are so opposed to its principal purposes?

I must say that we have heard a certain amount of this debate before, as the Minister for Europe will recognise. Much of it is familiar from the Maastricht debates 20 years ago. We were told that we had opt-outs, but the problem is that they do not always work. We were told that about the social chapter, but we were overruled by the European Court of Justice on the working time directive. We were told then, “Europe is changing”, and, “It’s all going our way.” I cannot believe I have heard it again, but the Foreign Secretary actually said today:

“National where possible, Europe where necessary.”

John Major regarded that—subsidiarity—as his principal triumph, which was going to reverse the centralising tendencies of the European Court of Justice. We were told we would always be leading in Europe. Today, the Foreign Secretary said we would “fight” with “like-minded…states” and be

“leading…in a reformed EU”.

We have heard all this before—these are the same deceits—to persuade people to support something that we do not really want. We were told that if we vetoed Maastricht, it would be a “leap in the dark”. What did the Foreign Secretary say today? He said leaving would be a “leap in the dark”. The giveaway this afternoon was when he said:

“Of course there is more to do”.

You bet! If we stay in the European Union, there is going to be a lot more to do, because this agreement is of course so inconsequential, even if it were irreversible and legally binding.

What happens if we vote to remain? That is the question the Government need to answer. What will happen? Last time, we were told before the referendum that there would be

“no loss of essential national sovereignty”.

The word “essential” was useful, because it denuded that phrase of its meaning. We have the same weasel words coming from the Law Officers today.

If the British people are deceived again and we vote to remain, we will have resolved nothing. We will be back in the Chamber in five or seven years’ time either to demand another referendum or deciding just to get out. That is the trend: we will be facing the same problems and we will be afflicted by the same conflicts with our European partners, although by then the problems will be worse. I believe that leaving the European Union is the safer choice. Our security depends on NATO and our alliances, our own people and our resources, and working with allies. The idea that we can work with allies only if we stay in the European Union is yet another deceit being visited on the British people.

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[Mr Lidington]

No, I will not give way.

I am bemused that some of my hon. Friends have managed to convince themselves of two propositions: that other European countries are at present engaged in what has been termed a “vindictive and spiteful” attempt to harm our interests or a conspiracy to do us down; and that those same Governments will rush to give us everything that we want with none of the downsides if only we vote to leave. That is a fanciful analysis of European politics today. If we accept that we want a single market, we must have the EU rules that go with it and the other costs, such as those that Norway and Switzerland have to pay today.

We are putting so much at risk at a time of real peril not just for this country but for the whole of the west. We face a massive economic challenge from global competition and digital technology; a challenge from transnational crime and global terrorism; the collapse of states in parts of Africa and the middle east, which has allowed terrorism, people trafficking and drug trafficking to flourish; and the challenge from a newly aggressive Russia in both eastern Europe and the middle east. No one country in Europe, not even the biggest, will be able to tackle those challenges on its own. That is why our key allies—not just those in Europe, but the United States, Canada, Australia and New Zealand—see the United Kingdom as stronger and more influential in the world as a leader in our own continent. I am dismayed by the insouciant attitude of those who want to leave to the risk that their campaign poses of the possible fragmentation of the west. It is truly shocking.

We need to have confidence in this country’s ability to lead and shape events in Europe, as we have done in creating the single market, in pioneering free trade deals, in organising a firm response through sanctions to Russian aggression in Ukraine and to Iran’s nuclear programme, and in defeating piracy in the Indian ocean.

The United Kingdom should be confident in our ability to work with allies in Europe and around the world. We should not see the two things as in any way contradictory. As we look to the future and face again the challenges of large-scale migration driven by terrorism, failed states, climate change and economic problems in much of the developing world, we need to work together with our partners and our allies, because none of us can tackle that on our own. We see the United Kingdom today as a European power with global interests and global influence. Those two aspects of this country are not contradictory; they complement one another. We need to go forward with the confidence and optimism that the United Kingdom can help make a better future not just for every family in this country but for all the nations of the wider European family. That is the case that I and my right hon. and hon. Friends will be putting to the country in the months to come.

Question put and agreed to.

Resolved,

That this House has considered European affairs.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

On a point of order, Mr Deputy Speaker. Have the Government given any indication that they might be interested in making a statement about guidance that they have given to civil servants to restrict information to Ministers during the period of the referendum, which involves concealing information that is being used by other Ministers for campaigning purposes?

[The Minister for Europe (Mr David Lidington)]

rose—

[Mr Lidington]

I am happy to respond. The Prime Minister responded to this point in answer to questions on Monday. The Government have a very clear position, which is to recommend to the country that people vote to remain members of a reformed European Union. Quite exceptionally, Ministers are being allowed to depart from the normal rules on collective responsibility in order to dissent from the official Government position on that referendum question, but the civil service exists to serve and support the policy agreed by the Government of the day. The letter published by my right hon. Friend the Prime Minister, subsequently extended by formal guidance from the Cabinet secretary to civil servants, does no more than give effect to that policy.

[Mr Jenkin]

Further to that point of order, I am grateful for your indulgence, Mr Deputy Speaker, but that does not answer a great many of the questions. How can I raise this very urgent matter?

[Mr Deputy Speaker]

The simple answer is that I have had no notification that anybody is going to make a statement. I can do no more than allow the Minister for Europe to reply.

Parliamentary Sovereignty and EU Renegotiations

Bernard Jenkin Excerpts

Thursday 4th February 2016 Commons Chamber

[Mr Baron]

I can only agree with my right hon. Friend. Having said that, the Minister for Europe is nothing but a courteous and able Minister, and I am delighted that he is in his place. I would not want him to be under the illusion that we are suggesting that of him, but there has been a tendency to act out a charade, when actually we have been on the conveyor belt of ever closer union. We need greater honesty in this debate.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

My hon. Friend has raised the issue of sovereignty, and the draft decision document published this week by the European Union contains a section called “Sovereignty”. If ever there was a misnamed section of a document, it is this—perhaps my hon. Friend will come on to that. The one thing that this document does not return to the United Kingdom Parliament is sovereignty over the laws that are made for this country. Indeed, it promises a “red card”, which is no more than an extremely cumbersome method of qualified majority voting in the European Union.

[Mr Baron]

I cannot but agree with my hon. Friend.

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[Kelvin Hopkins (Luton North) (Lab)]

I am grateful for the opportunity to speak in this important debate, and I congratulate the hon. Member for Basildon and Billericay (Mr Baron) on his excellent speech.

I want to address those of my Labour colleagues who mistakenly remain in favour of staying in the EU. The hon. Gentleman talked about being told, “No”, but we have some opt-outs, which is good, because they have saved us some of the pain of being a member of the EU. I think, in particular, of the opt-out from the euro. Had we been a member, we would have been destroyed by the crisis in 2008. The fact that we could depreciate by 30% protected our economy, to an extent, from that terrible experience. Other countries in southern Europe had much greater difficulties and are still suffering. Currency flexibility, which means that countries and economies can adjust to appropriate parities with other economies, is fundamental to a successful world economy, let alone national or European economies.

[Mr Jenkin]

Is not one of the more ridiculous parts of the document published yesterday the idea that we need the EU to recognise more than one currency in the EU? Given that Sweden voted in a referendum to stay out of the euro, when it did not have an opt-out, as was negotiated in the Maastricht treaty for the UK, is it not clear that if a country has its own currency, the EU cannot take it away, and that we do not need a treaty change or anything to tell us we can have the pound?

[Kelvin Hopkins]

I agree absolutely with the hon. Gentleman. I have had the pleasure of being a member of the European Scrutiny Committee for some years now, and in that capacity I meet representatives from other Parliaments. Swedish Parliament representatives tell me that support for joining the euro is at 11% in Sweden, so I do not think it will be joining any time soon. We heard from the Czechs recently. As soon as anyone suggests they might join the euro, they basically say, “Never”. One or two countries that joined the euro now think it was not such a good idea and might like to withdraw if they could. It is true that there are several currencies in the EU: several countries retain their own currency. Some years ago, I met Polish representatives, and I said, “Whatever you do, don’t join the euro, if you want to run your economy successfully, because you would be pinioned, and it would not be good for Poland.” I do not think my advice mattered; nevertheless that country has not joined the euro, and I see no prospect of its doing so in the near future.

I want to talk about other opt-outs. I have long campaigned in the House on the bizarre and nonsensical common fisheries policy. Thousands, if not millions, of tonnes of fish are being destroyed by being dumped back into the sea dead, and fish stocks have been savagely cut. The only way forward is for countries to be responsible for their own fish stocks, along traditional lines, to husband their own resources and to fish in their own seas, as the Norwegians do.

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[Sir William Cash]

Certainly not at this moment.

I was about to say that Speaker Lenthall, in defiance of prospective tyranny, refused to accept armed aggression by the monarchy. Pym, Hampden, ship money—this was all about sovereignty and defending the rights of the people from unnecessary and oppressive taxation, which was being imposed on them without parliamentary authority. Through subsequent centuries, we saw the repeal of the Corn laws, and parliamentary reform through the 1867 Act to ensure that the working man was entitled to take part in this democracy; and after that, through to the 1930s when we had to take account of the mood of appeasement.

With respect to the Prime Minister and the Minister for Europe, I take the view that in completely different circumstances what has happened in these negotiations in terms of parliamentary sovereignty can be seen when the die is clearly cast and we now have an opportunity for the first time since 1975 to make a decision on behalf of the British people. That is why we need to have regard to the massive failures of the European Union and to its dysfunctionality—whether it be in respect of economics, immigration, defence or a range of matters that are absolutely essential to our sovereignty.

All those issues have, within the framework of the European Union, been made subject to criticism. We are told that we would be more secure if we stayed in the European Union and that we would preserve the sovereignty of our electors who put us in place to make the decisions and make the laws that should govern them. Would we really be more secure in a completely dysfunctional, insecure, unstable Europe? No, of course not.

The issues now before us in Europe are actually to do with sovereignty. If we lose this sovereignty, we betray the people. That is the point I am making. Yes, there are certain advantages to co-operation and trade, for example, and I agree 100% with that. I have always argued for that, but what I will not argue for is for the people who vote us to this Chamber of this Parliament to be subordinated so that we are put in the second tier of a two-tier Europe, which will be largely governed, as I have said previously, by the dominant country in the eurozone—Germany.

[Mr Jenkin]

Does my hon. Friend agree that one of the most worrying sentences in the document published this week relates to what will occur if the eurozone seeks to deepen its integration? This sentence reads:

“member states whose currency is not the euro shall not impede the implementation of legal acts directly linked to the functioning of the euro area and shall refrain from measures which could jeopardise the attainment of the objectives of the economic and monetary union.”

Given that there is going to be a new treaty and we do not know how it is going to affect us, is this not in effect giving up our veto?

[Sir William Cash]

It is. We were promised that in 1972. Our membership of the European Union is entirely dependent on the same Act that was passed in 1972. It was a voluntary decision based on certain assumptions. The 1971 White Paper, which preceded that debate, said that we would never give up the veto, and went on to say that to do so would be against our vital national interests and would endanger the very fabric of the European Community itself. They knew which way it could go. They knew they had to keep the veto, but it has been taken away from us progressively by successive Governments. If we cut through all the appearances, this is a sham. That is the problem and this is the real issue.

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[Peter Grant]

I have a lot of sympathy with the hon. Gentleman’s comment, but I have to draw his attention to the wording of the motion. It does not mention the sovereignty of the people; it talks about the “importance of parliamentary sovereignty”—[Hon. Members: “They are the same thing.”] The two are most definitely not the same thing. If Parliament is sovereign, does it have the legal and constitutional right to pass any legislation, however morally repugnant it might be, with the people’s only recourse being to wait five years and then vote for different Members of Parliament? That is not a version of parliamentary sovereignty that I recognise, and it is not a version of parliamentary sovereignty that the people of Scotland recognise or will ever be prepared to accept.

[Mr Jenkin]

Will the hon. Gentleman give way?

[Peter Grant]

No, I need to make some progress and the hon. Gentleman made a lot of interventions earlier this afternoon.

I want to look at the second part of the motion, which goes to the nub of the EU membership debate. We have heard the term “ever closer union” being repeated as though it was some kind of threat and we were going to be swallowed up by a big two-headed monster, probably in Germany but possibly in Brussels. I urge Members to look at the wording of the preamble to the European treaties to see what the term was originally intended to mean. The exact wording varies from time to time, but we are talking about ever closer union between the peoples of Europe so that decisions can be taken as close as possible to the people.

I want to ask those Conservative Members, and some on the Opposition Benches, who are determined to argue against the concept of ever closer union: are we really saying that we want to drive the peoples of Europe further apart at a time when we are facing the greatest humanitarian crisis in our history, which nobody believes can be addressed by individual nations acting on their own? Are we really saying that we are against the concept of ever closer union between the peoples of Europe? I also draw Members’ attention to the fact that my use of the word “peoples”—plural—is not some kind of mistake written by Alexander the Meerkat. I am using it deliberately to recognise the diversity of cultures, faiths and beliefs among the peoples of Europe.

Are Members against the idea that decisions should be taken as close to the people as possible? I believe that the term “ever closer union” can still be turned into one of the greatest assertions of the rights of the peoples of Europe that we have ever seen. However, I willingly accept that it is a vision that has not been followed by the institutions of the European Union. Those institutions have failed, and continue to fail, to fulfil the vision that was set out in the original treaties. I would much rather we continued to be part of the European Union so that that vision can be delivered, because I find it not only welcoming but exciting. Just imagine living in a Europe in which monolithic power-mad Eurocrats, whether in Brussels or closer to home, were no longer able to ride roughshod over the will of the people. I remind the House that there was a Prime Minister not long ago who chose to ride roughshod over the will of the people, when the immovable object that was the late Margaret Thatcher met the irresistible force that was the will of the people of Scotland over the imposition of the poll tax. Within two years, that immovable object had been moved. The irresistible force that is the sovereign will of the people of Scotland is still there and will be there forever.

--- Later in debate ---

[Sir Gerald Howarth (Aldershot) (Con)]

May I say what a great pleasure it is to take part in this vital debate? I congratulate my hon. Friend the Member for Basildon and Billericay (Mr Baron) on securing it, and may I pay tribute to you, Mr Speaker, for being in the Chair for this important debate, because I know that you take these matters extremely seriously? As for my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox), his speech was a tour de force and I feel every ounce of the passion that he feels about this subject.

This is not a new issue; this has been going on for well over half a century. When the then Lord Privy Seal, Edward Heath, sought advice from the then Lord Chancellor, Lord Kilmuir, he was given advice in December 1960 in respect of our potential membership of the Common Market, as it was then called. Lord Kilmuir stated:

“I have no doubt that if we do sign the Treaty, we shall suffer some loss of sovereignty, but before attempting to define or evaluate that loss I wish to make one general observation. At the end of the day, the issue whether or not to join the European Economic Community must be decided on broad political grounds”.

He continued:

“Adherence to the Treaty of Rome would, in my opinion, affect our sovereignty in three ways: Parliament would be required to surrender some of its functions to the organs of the Community; The Crown would be called on to transfer part of its treaty-making power to those organs; Our courts of law would sacrifice some degree of independence by becoming subordinate in certain respects to the European Court of Justice.”

Lord Kilmuir could not have been clearer, but in 1975, when people were asked to vote on these matters, this issue of the loss of sovereignty was played down by Ted Heath and his Government at the time. Some of us foresaw the dangers. We saw that the EEC had a president, a flag, an anthem and a court. In 1986, 45 of us voted against the Single European Act. I am the only Conservative who voted against it left in the House, but there are two who did so on the Opposition Benches: the Leader of the Opposition; and the hon. Member for Bolsover (Mr Skinner). I quite accept that I am in rather questionable company, but we did have one thing in common: we believed in our country—in those times, at any rate.

[Mr Jenkin]

We still do.

[Sir Gerald Howarth]

I still do, as my hon. Friend says.

The EEC has now become the European Union, and it has a currency, a Parliament, a high representative and a defence identity, designed of course to undermine NATO. What are those things? They are all the attributes of a sovereign nation state, and we deceive ourselves if we imagine that this process has now somehow come to a halt, been frozen in aspic and will remain ever thus—it will not. The direction of travel is clear. We do not have to prove this to the people, because they can see the direction of travel since 1975 and how this organisation, which we were told was going to be a common market in goods and services, has grown to become so much more—and it intends to continue. As several hon. Members have said, we must look at what is happening in the eurozone, with this absurd deceit that there can be a single currency without a single monetary institution operating a single monetary policy. This process will continue, and the British people must be warned that if they vote to stay in this organisation, they will not be voting for the status quo; they will be voting for further integration and further change.

In his excellent speech at Bloomberg, my right hon. Friend the Prime Minister made it absolutely clear that he believed in maximising parliamentary sovereignty, and he said it again yesterday. The proposals contained in the Tusk arrangements, as my hon. Friend the Member for Basildon and Billericay pointed out, are absolutely absurd. We have to get another 15 or so other Parliaments to agree. That is not the restoration of sovereignty to this Parliament, but basically a cop out.

I salute the European Scrutiny Committee, the illustrious Chairman and members of which are here in this Chamber today, for the work it has done in pointing out the exact situation. Its December report, “Reforming the European Scrutiny System in the House of Commons”, said that

“the existing Article 4(2) of the Treaty on European Union, which requires that the EU ‘shall respect the essential state functions’ of its member states, and that this means respecting the democracy of the member states.”

Accordingly, the Committee’s report recommended that

“there should be a mechanism whereby the House of Commons can decide that a particular legislative proposal should not apply to the UK.”

That seems to be the sensible way in which to go, and I am sorry that the Prime Minister did not accept the recommendations of that Committee. There is a way forward. There is plenty of evidence to show that these arrangements that the Prime Minister has put in place are not legally binding. We need to restore sovereignty to this Parliament. The British people have a once-in-a-lifetime opportunity to do that.

I close with the words of Sir Walter Scott, the great poet from the Scottish borders from where I draw so much of my own blood.

“Breathes there the man, with soul so dead,

Who never to himself hath said,

This is my own, my native land!”

And I want it back!

--- Later in debate ---

[Mr Lidington]

My hon. Friend will forgive me—I have very limited time. Many colleagues have spoken and I want to respond on behalf of the Government.

As a number of hon. Members said, there is concern about the question of ever closer union—about Britain being drawn against its will into a closer political European Union. There are a number of clear safeguards against that. As the hon. Member for Luton North (Kelvin Hopkins) pointed out, we remain opted out of such things as the single currency. We can decide for ourselves whether to participate in individual justice and human rights measures. There are issues such as taxation and foreign and security policy where the national right of veto continues.

We wrote into the European Union Act 2011 a requirement that a referendum of the British people would be needed before this or any future Government could sign up to treaty changes that transferred new competencies and powers from this country to Brussels—to the European institutions. That referendum lock also applies to any measure that moves the power to take decisions at European level from unanimity, with the national veto, to majority voting.

What the draft documents from President Tusk this week explicitly recognise is that there should be different levels of integration for different member states, and that the language and the preamble to the treaty about ever closer union does not compel all member states to aim for a common destination. The fact that this is a draft declaration by the European Council is significant, because the treaty itself says that it is for the European Council to set the strategic political direction of the EU as a whole.

We need to recognise in this House that there are other European countries for whom the objective of ever closer union may be welcome and in line with their national interests. Ministers from the Baltic states have said to me, “When you’ve been through our experience of being fought over by Soviet communism and Nazism, when you’ve lost a quarter of your population to those tyrannies and to warfare, when you’ve lived under Soviet rule for half a century, and then you get back your independence and your democracy, you grab any bit of European integration that’s going because you want that appalling and tragic history not to repeat itself.” We should respect their wish for closer political union, in return for their respecting our clear wish to remain outside such a process.

My hon. Friend the Member for Basildon and Billericay asked whether we would reinvent the EU today. I say to him and to the House very plainly that if we were starting from scratch, I would not start with the treaty of Lisbon, but we are where we are. The debate both in this place and in the country, when assessing the results of the Prime Minister’s renegotiation and the wider issues at stake, should be about whether the interests of the British people whom we represent—their security, their prosperity, their hopes and ambitions for their children—are better served by remaining in the European Union, which I hope will be successfully reformed, but which will still not be perfect, or by leaving and attempting from the outside, de novo, to secure some kind of new arrangement with that bloc of countries. That is the context within which we should consider the specific issues that have been raised in this debate.

I will take trade as an example, because a number of hon. Members have mentioned it. Outside the European Union, we would have the theoretical freedom to negotiate free trade agreements on our own behalf. However, it is not just a matter of speculation, but what leading trading nations say to us, that they are much more ready to negotiate trade deals with a European market of 500 million people, with all the leverage that gives us as a player in that single market, than to negotiate with even a large European country on its own.

[Mr Jenkin]

Will my right hon. Friend give way?

[Mr Lidington]

No; I apologise to my hon. Friend, but time is very limited.

The reality is that the World Trade Organisation and other international organisations are largely directed by blocs of countries and very large nations such as China and the United States. I believe that the interests of the British people are better served not simply by having a separate flag and name plate on the table, but by playing a leading role in shaping the position of the world’s biggest and wealthiest trading bloc, using its leverage to advance our national interests and winning new opportunities for businesses and consumers in this country.

I am disappointed by the pessimism of some hon. Members. Look at what we have achieved through positive British action at the European level. It was Margaret Thatcher who built the single European market that has made possible, for example, affordable aviation for ordinary British families in every part of this country. It was Margaret Thatcher, John Major and Labour Prime Ministers who made possible the entrenchment of democracy, the rule of law and human rights in central European countries where those things were crushed for most of the 20th century. We did that through support for the enlargement project. The work that my right hon. Friend the Home Secretary is leading to strengthen co-operative European work against terrorism and organised crime is doing more to aid our security and defend the safety of the British people than we would be able to achieve through unilateral action.

I want us to be in a reformed European Union and in the single market, playing a leading role in creating a safer and more prosperous Britain and a safer and more prosperous Europe. We should be in the things that matter to us and that benefit us, but out of ever closer political union—out of the euro, the European army and Schengen. There is a real prize available to us. That is why I am supporting so enthusiastically the work that my Prime Minister and this country’s Prime Minister is doing to secure that future for the United Kingdom in a successful and reformed European Union.

UK’s Relationship with the EU

Bernard Jenkin Excerpts

Tuesday 2nd February 2016 Commons Chamber

[Mr Lidington]

I have to tell the hon. Lady that, in my experience of debates in the House and the European Scrutiny Committee, I have found members of her party who differ from her on the question of EU membership, as well as those who share her views. She makes an important point. Norway and Switzerland show us that it is not possible to have all the things we like about EU membership—free trade and open markets—but none of the things that we might rather do without. Those are among the issues that the British people will have to weigh up when they make their choice.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I helpfully read a comment from the paper that the Government have distributed to Conservative Back Benchers, which states that

“this package could mark the high water-mark of EU integration for the UK”?

I remind my right hon. Friend that that is exactly what the then Conservative Government said about the Maastricht treaty. We did not believe them then, and we do not believe him now.

[Mr Lidington]

My hon. Friend has been consistent, at least, in his opposition to British membership of the European Union for many years, regardless of the terms that Ministers suggested for such membership. I believe that he is wrong, because the kinds of institutional and legal changes proposed in these texts indicate a very different approach to the European Union—an approach that is much more grown up and accepting of the diversity of the Union today than ever before.

Europe: Renegotiation

Bernard Jenkin Excerpts

Tuesday 10th November 2015 Commons Chamber

[Mr Lidington]

The Prime Minister’s priorities are the four policy objectives that he set out this morning, and that I repeated in my statement today.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

After all the statements made by the Prime Minister, the Minister for Europe, the Foreign Secretary, and the former Foreign Secretary about being in Europe and not being run by Europe, and after all the pledges to restore the primacy of national Parliaments and to get an opt-out from the charter of fundamental rights to restore our borders, is that it? Is that the sum total of the Government’s position in this renegotiation? Is not the onus on those who advocate that we should stay in the European Union to explain why we should put up with being a second-tier country in an increasingly centralised European Union, paying more and more, and losing more and more control?

[Mr Lidington]

Just on the charter of fundamental rights, the Prime Minister did refer to that in his speech this morning. It is an issue that we will be seeking to address through the forthcoming British Bill of Rights. I think that my hon. Friend underestimates how demanding and how far reaching the proposal that we have made will be. The Danish Prime Minister said this morning that what the Prime Minister proposed was

“a good basis for concrete negotiations”

but that “it will be difficult”. I hope that we succeed because we need a strong UK in the European Union.

European Union Referendum Bill

Bernard Jenkin Excerpts

Monday 7th September 2015 Commons Chamber

[Mr Lidington]

In Committee, I promised to reflect on the concerns that were raised about the Government’s proposal to disapply, for the purposes of the EU referendum, section 125 of the Political Parties, Elections and Referendums Act 2000. The Government accept completely the importance of the referendum being conducted in a way that is both fair and seen to be fair by the partisans on both sides of the debate. In particular, that means that the conduct of both Ministers and civil servants must be beyond reproach. We are therefore bringing to the House today proposals that we believe provide the rigorous safeguards wanted by hon. Members on both sides of the House.

I reiterate what the Foreign Secretary and I have both said before, namely that the Government will not undertake activities during the final 28 days of the campaign that would be seen as the province of the lead campaign organisations. In particular, there should be no question of the Government undertaking any paid advertising or promotion, such as billboards, door drops, leafleting, or newspaper or digital advertising during that period.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

What is the exact meaning of what the Minister is saying? My letter to him on behalf of the Public Administration and Constitutional Affairs Committee in July made clear the Committee’s view that section 125 should remain unimpaired and that

“the Government should not be allowed to use the machinery of Government (i.e. the resources of the Government) for campaigning purposes during the purdah period, as is already implied in the Civil Service Code.”

Do the Government accept that position?

[Mr Lidington]

I was going to say that, having studied my hon. Friend’s letter and listened to the views expressed by him and many other hon. Members, we are bringing forward amendments that have three effects. First, we are proposing to reinstate section 125 of the 2000 Act and remove the blanket disapplication that is currently in the Bill. Secondly, we propose a narrow and limited exemption to permit the Government to carry out EU business as usual during the final 28 days of the campaign. Thirdly, we propose a power for exemptions to be made to the general prohibition in section 125, subject to an affirmative resolution being passed by both Houses.

--- Later in debate ---

[Mr Lidington]

I do not want to trespass on matters that will come up in the second group of amendments, which we will debate later, but I am very confident that when we come to the end of the negotiations, the Prime Minister will want not only to make a firm recommendation, but to explain his reasoning to the public in full.

[Mr Jenkin]

I am somewhat astonished that the Government are raising the question of hon. Members somehow being caught by purdah provisions. It is an established legal principle that titles of sections are not used to determine construction in legal interpretation. The word “person”—here I take the advice of Speaker’s Counsel—is likely to mean “a legal person” and to be of a similar nature to “a body”. The Minister’s suggestion that this might constitute “individuals” betrays, I think, the poor legal advice he has been given.

--- Later in debate ---

[Mr Jenkin]

First, I thank my right hon. Friend the Minister for generously accepting amendment (a) to new clause 10. That will provide a significant safeguard and reassurance, and it will provide stability in the referendum campaign. It means that regulations changing the rules will not be made halfway through the campaign, perhaps to suit the convenience of Ministers at a time when the temptation to avail themselves of that convenience might be considerable, given the big issues at stake in the referendum. I am grateful to members of my Committee, the Public Administration and Constitutional Affairs Committee, for supporting that amendment.

I am bound to say, however, that new clause 10 has been described as an open barn door for whatever changes to purdah the Government want to make. Given that they started from the position that they did not want to have purdah in statutory form at all, we are entitled to be a little suspicious about what kind of regulations they might bring forward. I appreciate that there is a safeguard, in that regulations will have to be approved by both Houses of Parliament, and the Committee will be vigilant in looking at those regulations.

I am grateful to my right hon. Friend the Minister, and to my right hon. Friend the Foreign Secretary, who is also listening, for the fact that the Government have accepted the principle that the Electoral Commission should be consulted and give a view in advance of any such regulations. That moves the Electoral Commission into a slightly new role, but it is not uncommon in other countries. In Ireland, for example, the equivalent of the Electoral Commission has a strong role in policing the purdah regime. I will come to that in a minute.

I also thank my right hon. Friend the Minister for Europe for being so scrupulously polite and confirming to all of us once again that his integrity is unimpeachable. I commend him for having brought the Bill a long way from where it was in June, when the Committee wrote to him after taking evidence from Lord Owen, from Jack Straw, from Peter Riddell, the director of the Institute for Government, from Lord Bew, the chair of the Committee on Standards in Public Life, from the Electoral Commission, from Sir Jeremy Heywood and from Ministers. The Government were, and still are, putting forward the view that section 125 of the 2000 Act is too wide-ranging, but that failed to convince almost all our witnesses. As the Minister will recall, we made it clear in our letter that the Committee’s unanimous view was that section 125 should be restored to the Bill, and that

“its intent should remain unimpaired by any amendment.”

I imagine that that remains the view of Committee members, particularly as I suspect most of them will support what is decided in the Division Lobbies later.

We have the Electoral Commission’s advice on the Government’s new proposals, which makes it clear that, like the rest of us, the commission has had very little time to consider them, although I thank my right hon. Friend the Minister for telephoning me while I was in Ireland last week and explaining what was intended. This is pretty complicated stuff, and to end up with 38 pages of amendments to debate in five or six hours is not the best advertisement for how we legislate in this House, but nevertheless there has been dialogue, and it has been good-natured. My colleagues and I do not relish disagreeing with our Government, so we very much appreciate the fact that the dialogue has been conducted in a good-natured way. I thank my right hon. Friend the Chief Whip for that.

The Electoral Commission’s advice states that it has not had sufficient time to fully consider the detailed implications of the Government’s proposals, but that the Government should explain in more detail

“how it would expect to use these powers”—

the powers under new clause 10. It states:

“Our view is that, if Parliament accepts this new clause, its use should be limited only to managing any potential restrictions on the conduct of ‘day-to-day’ EU business.”

The Electoral Commission also makes clear its support for the amendment to new clause 10, which my right hon. Friend the Minister has accepted. It states that any changes should be made

“well before the start of the restricted period of 28 days before polling day.”

I am grateful to him for accepting that.

Speaker’s Counsel has been mentioned. My right hon. Friend said that the TTIP negotiations might suddenly intrude on the last 28 days of campaigning, but Speaker’s Counsel has been clear on that point in emails today. He mentions provisions on EU business being conducted as normal, stating:

“I do not share the view that these are caught by s.125.”

It could not be clearer. He goes on:

“Commenting on EU business is not providing information about a referendum”—

that addresses the question of TTIP negotiations—

“neither is it ‘dealing with any of the issues raised by a referendum’…nor is it putting any arguments for and against any particular answer”.

He points out:

“Even if they were doing any of these things, then s.125(3)(d) expressly allows the issue of press notices (without any restriction as to their content).”

What do the Government need to be able to do that they will not be able to do? That has been singularly unexplained in the whole process.

[Mr Baker]

Does my hon. Friend agree that the fundamental problem is not a lack of faith in the Government but a lack of faith based on past EU referendums in other countries, where the conduct of Governments, and the EU in particular, has led to trust in the process being undermined? Is that not the fundamental problem?

[Mr Jenkin]

And indeed in our own country—it was the conduct of the Welsh referendum in 1997 that led the Committee on Standards in Public Life to bring forward its proposals for purdah, which the then Labour Government accepted and which the Labour party consistently supports today. Those arrangements were good enough for the north-east referendum, the alternative vote referendum and the most recent Welsh devolution referendum. Indeed, in the view of some Members, they were probably not strong enough in respect of the Scottish referendum last year.

As my right hon. Friend the Member for Wokingham (John Redwood) said, the purdah proposals were designed for a referendum on the euro, so the idea that the European Union was not considered when the arrangements were formulated is just not correct. Tony Blair’s Government introduced the 2000 Act in order that there could be a fair referendum on the euro, which was his ambition. If these arrangements were good enough for Tony Blair, why are they not good enough for our own Conservative Government?

A referendum should be a solemn and carefully regulated constitutional procedure, not a ploy or device to get a particular outcome and fix a political problem. Abuse of the referendum by less scrupulous Governments in the last century famously led Clement Attlee to describe referendums as

“a device of demagogues and dictators”.

Other countries, such as Sweden, Ireland and Switzerland, have much tougher purdah regimes. The Government’s proposals take us backwards, as we have heard from those who have participated in referendums, such as Nigel Smith, a well-known referendum expert who was chairman of the Scottish yes campaign. He has been appalled by the proposals, and he gave evidence to our Committee about them.

It has been suggested that the precedent for the forthcoming referendum should be 1975. I do not know whether Members have read the 1975 Cabinet minutes, but they show how the Government were set to run a parallel campaign to the yes campaign. That is not the precedent that we should follow in the last 28 days of campaigning. Indeed, the Foreign Secretary could bring forward a White Paper before the start of the 28-day period, just as the Scottish Executive brought forward a comprehensive White Paper about their proposals for Scottish independence, although it was lacking in detail and a little bit partisan—we had some comments to make about that. There is nothing to stop the Government bringing forward as much information as they want before the purdah period. Incidentally, the Electoral Commission thinks that 28 days is far too short for a purdah period and we are not debating that today. If the Government, with all the advantages that Governments have, cannot win the referendum just because they will be restricted for the last 28 days, what kind of referendum do we expect to have?

I listened to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and I really think he wants to go back to a 1975-style referendum where the Government are used as an instrument of campaigning in what should be a fair fight. What is the point of having spending limits on the yes and no campaigns if Ministers can use the machinery of Government in an unrestricted way, which is what the abolition of purdah would mean?

[Mr Kenneth Clarke]

I have never known a referendum of any major consequence in which the losing side has not followed up its defeat by saying it has been cheated and that the electorate has just been misled. That has been said ever since the 1975 referendum, and the Scottish nationalists have said the same thing ever since the Scottish referendum. The Government have no intention of putting out publicity, as they have said. The basic proposition should be that the Government of the day, when putting out a statement of their policy or an explanation of their position on a particular proposal—such as whether or not we as members of the European Union should be party to a TTIP with the United States—should be entitled to use the civil service and their press office as a source of advice and checking the factual accuracy of what Ministers are saying on behalf of the Government. The alternative is preposterous: under my hon. Friend’s proposition, for three weeks there would be no Government.

[Mr Jenkin]

That is absolute nonsense. Even in a general election, Ministers can get advice from their Departments. Ministers also take advice during local government elections. If something happens that is unconnected with the referendum, Ministers will be able to take advice. I have heard it said that Ministers want to use their private offices to organise their speaking tours and to use their special advisers, who are paid for by the taxpayer, to campaign in the referendum. That is not an acceptable use of public money. What is the point of placing spending limits on the yes and no campaigns if the Government are going to avail themselves of all those advantages? My right hon. and learned Friend could persuade the Government to produce a White Paper to set out their case well in advance of the purdah period. That is an unimpeded advantage of which the Government can avail themselves. All we are saying is that there should be something of a level playing field in the last 28 days.

I regret that the Opposition accept new clause 10; nevertheless I am grateful that they support amendment (a) in order to create a framework for the creation of regulations. I am very unhappy with amendment 53. As the Opposition spokesman, the right hon. Member for Wolverhampton South East (Mr McFadden), made plain, to have amendment 53—which already adulterates section 125—without the scrutiny process of regulations and a specific debate about what Ministers actually want to exempt is a shot from a double-barreled shotgun against section 125 of the Political Parties, Elections and Referendums Act 2000. If the Government want to provide exemptions, they should introduce the amendments under regulations rather than under amendment 53.

The advantage of defeating amendment 53 is that we will be able to have amendment 4 instead. It was the unanimous view of the Public Administration and Constitutional Affairs Committee that section 125 and its effect on this referendum should be restored unimpeded. That would be the effect of amendment 4, but there may be some tidying up to do.

[Sir William Cash]

Does my hon. Friend accept that, while we may end up voting for amendment 4, amendment 78 is better, simply because it deals with the problems of the devolved territories? As I put it to the Opposition’s Front-Bench spokesman, the right hon. Member for Wolverhampton South East (Mr McFadden), even if we end up with amendment 4, the consequence will be that we will still be thrown back by new clause 10, which will leave it all to regulations. As far as I am concerned, that is highly unsatisfactory.

[Mr Jenkin]

Most of my Committee would certainly agree that this is making the best of a bad job. We will, however, make some progress today if we succeed in restoring section 125 under amendment 4, which the Opposition have pledged to put to a vote should amendment 53 be defeated. I therefore advise my colleagues, very reluctantly, to vote against amendment 53, because while I think the Government have conceded the principle that there should be purdah, they have not accepted the fact of how it will apply. If they want to amend the Bill again in the other place, it would be worth while having that discussion, rather than accepting amendment 53.

[Mrs Gillan]

May I thank my hon. Friend for all the work he and the Committee have done? Although I am a member of the Committee, I was not able to participate, but he knows my views on the subject. Given that the Government have conceded that their original plans were not acceptable, does he agree that the elegant solution would be for them to withdraw amendment 53 and allow amendment 4 to go through? Purdah would then be reinstated and the Government would have the flexibility, through the solutions provided by the Committee, to produce the regulations for this House to scrutinise. Would not that restore the general public’s confidence in the referendum process?

[Mr Jenkin]

I wholly agree with my right hon. Friend. In fact, I think that would reinforce the integrity with which the Government have approached the matter. They still have the option of amending the Bill again in the other place and bringing it back for discussion in this House, and of introducing regulations under new clause 10, so long as that happens at least four months before the date of the referendum. I am bound to say that there are plenty of options available to the Government. They do not need to divide the House on amendment 53.

[Mr Baker]

My hon. Friend may not be able to commit to this now, but does he think that the Committee he chairs would be prepared to scrutinise statutory instruments before they come to the House, so that the Government could have confidence that they enjoyed cross-party support before they came to the vote? We are well aware that they cannot be amended; they can only be voted down.

[Mr Jenkin]

I will certainly undertake to put that in front of my Committee. It depends on the Government: if they table amendments 35 minutes before the deadline and a recess period and are then determined to discuss them on the first day back, it makes it very difficult to scrutinise matters, as the Electoral Commission has attested. I invite my right hon. Friend the Minister for Europe to make sure that any regulations he introduces under new clause 10 are published in draft so that we can properly give them pre-legislative scrutiny, take proper advice on them and make objective recommendations to the House without being rushed or bounced into them.

One of the advantages of amendment (a), which my right hon. Friend has kindly accepted, is that the temptation to bounce the country into a referendum has been significantly reduced. If we are to have a sensible referendum debate, there has to be a proper period for discussion of the outcome of the Government’s negotiations and the merits or otherwise of remaining in or leaving the European Union. I am sure that was the Government’s ambition when they originally proposed the idea of a referendum. I look forward to hearing what the Minister has to say in winding up.

[Alex Salmond]

I wish to speak to amendment 11, tabled in my name and those of my hon. Friends.

The Chair of the Public Administration and Constitutional Affairs Committee, the hon. Member for Harwich and North Essex (Mr Jenkin), had my rapt attention and much of my agreement until he produced the remarkable argument that if purdah was good enough for Tony Blair, it should be good enough for the House now. I am afraid that the alliance of scepticism against the Government’s motives was dissolved as a result of that one phrase, that one single disastrous rhetorical flourish.

The hon. Gentleman made another point with which I disagreed, and I want to put this on record before I come to the points on which I agreed with him. He wandered into a period outside the purdah and asked whether at that point the Government had the right to publish a White Paper giving their point of view, backed as a democratically elected Government by the civil service. Of course they have the right to do that, but the House should be concerned about whether the restrictions should apply during the 28-day purdah period, or perhaps for a week longer were the Electoral Commission to have its way. I think that they should, and I shall illustrate that view with a cautionary and moral tale from the Scottish referendum.

The Scottish referendum was regulated not by the Political Parties, Elections and Referendums Act 2000—PPERA—but by the Scottish Independence Referendum Act 2013. The Act made provision for a statutory purdah period in Scotland during the 28 days leading up to the referendum. According to the explanatory notes, part 4 of the Act provided that,

“for the 28 day period ending with the date of the referendum, the Scottish Ministers and certain public authorities in Scotland cannot publish any material providing general information about the referendum, dealing with issues raised by the question to be voted on in the referendum, putting any arguments for or against a particular answer to the question to be voted on, or which is designed to encourage voting in the referendum.”

In other words, acting in their capacity as Ministers, they were not allowed to use the Government machine during the purdah period to advance the yes cause to which they were all committed. I must point out to those on the Government Front Bench today that nobody interpreted that to mean that this First Minister or any other Scottish Minister should not take part in the referendum campaign. The explanatory notes to the Act went on to state:

“However, this rule does not apply to information made available following a specific request; specified material published by or under the auspices of the Scottish Parliament Corporate Body; any information from the Electoral Commission, a designated organisation or the Chief Counting Officer or any other counting officer; or to any published information about how the poll is to be held.”

In a situation that was every bit as disputatious in regard to the arguments for and against, those measures in the Act were passed with hardly any dissent, rancour or suspicion of motives. It was accepted that that was the right thing to do. Perhaps the Government should have suggested something similar for this referendum, instead of doing whatever they were doing during the recess, unless they are seriously arguing that the constitution of this country involves a much simpler process for a European referendum. Had they done that, they would not now find themselves in this embarrassing position.

--- Later in debate ---

[Mr Jenkin]

I think the right hon. Gentleman and I are in agreement about the role of civil servants—obeying the Government of the day but not carrying out instructions that would put their Ministers in breach of purdah. There should be something in the civil service code that makes it clear that the yes and no campaigns of a referendum are the equivalent of political parties in an election, but the code contains nothing about referendums. I have great sympathy with the point he is making about the enforcement of purdah, because the north-east referendum had exactly the same problem as he is describing; John Prescott announced new proposals in the last few days before the referendum and we could not get anybody in government interested—they said it was a matter for Ministers.

[Alex Salmond]

The Chair of the Select Committee cited Tony Blair approvingly, presumably to encourage Labour Members’ support, but attacked John Prescott to move them away. None the less, the hon. Gentleman makes a reasonable point.

European Union Referendum Bill

Bernard Jenkin Excerpts

Tuesday 9th June 2015 Commons Chamber

[Mr Hammond]

I will let my hon. Friend the Member for Stone speak for himself in the course of the debate. I am sure, however, that he will await—with a healthily sceptical approach—the return of the Prime Minister from Brussels with that package, and that he will consider it carefully and analytically, safe in the knowledge that underpinning this whole process is an absolute commitment to allow the British people to have the final say on this issue in an in/out referendum.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

None of the concessions that the Prime Minister has so far obtained from the European Union, including the veto of the fiscal union treaty, has fundamentally changed our relationship with the EU. How does he intend fundamentally to change that relationship?

[Mr Hammond]

My hon. Friend is right, of course. I have already mentioned an area in which we need fundamental change in the way in which the European Union operates. It is now a Union with a eurozone of 19 member states at its core, and those states will integrate more closely together. There needs to be an explicit recognition that those who are not part of that core do not need to pursue ever-closer union. There needs to be an explicit protection of the interests of those non-eurozone members as the EU goes forward. That is an example of an area in which we need specific structural change to the way in which the European Union operates.

--- Later in debate ---

[Mr Hammond]

I am delighted to see that the right hon. Gentleman is robust in his defence of the interests of Tate and Lyle—his constituents—and I will take that representation and put it with the many others from both sides of the House about particular areas that we need to raise in the course of the discussion.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend give way?

[Mr Hammond]

I need to conclude my remarks because many Members wish to contribute.

Few subjects ignite as much passion in the House or indeed in the country as our membership of the European Union. The debate in the run-up to the referendum will be hard fought on both sides of the argument. But whether we favour Britain being in or out, we surely should all be able to agree on the simple principle that the decision about our membership should be taken by the British people, not by Whitehall bureaucrats, certainly not by Brussels Eurocrats; not even by Government Ministers or parliamentarians in this Chamber. The decision must be for the common sense of the British people. That is what we pledged, and that is what we have a mandate to deliver. For too long, the people of Britain have been denied their say. For too long, powers have been handed to Brussels over their heads. For too long, their voice on Europe has not been heard. This Bill puts that right. It delivers the simple in/out referendum that we promised, and I commend it to the House.

--- Later in debate ---

[Hilary Benn]

We would be very happy to look at all amendments that come forward during consideration of the Bill on the Floor of the House. We have some amendments that we will table. I shall come to those in a moment. I agree with the Foreign Secretary in this respect: once the Government eventually reach a view, they are entitled to explain it to the British people. Indeed, they will have to explain their view to some of the members of the Cabinet. Therefore, it is reasonable to ensure that the Government are able to do that.

[Mr Jenkin]

Can the right hon. Gentleman explain exactly what he thinks Ministers will have to be able to do that they were not doing during the Scottish referendum or the AV referendum? I seem to remember Ministers giving lots of explanations of their view. Is he concerned that this might be an opportunity for the Government to call the referendum so soon after the deal has been concluded that the British people do not have a chance to digest what has occurred—a snap referendum designed to get a certain result?

[Hilary Benn]

As I understand the argument, it relates to section 125 of the Political Parties, Elections and Referendums Act 2000 and the definition of “material”. That is what that section says. It would not be sensible for any Government to find themselves constrained from explaining to the people the Government’s view, because the people are entitled to hear from the Government of the day, as happened in 1975.

--- Later in debate ---

[Mr Owen Paterson (North Shropshire) (Con)]

This is a great day, a remarkable moment: we have a Conservative majority—now, I am delighted to hear, backed by the Labour Opposition—that will deliver a Bill to give the people of the UK a choice on who actually makes their laws and regulations. The mentors, sadly dead, who encouraged me to come to this place more than 20 years ago, such as my predecessor the late Lord Biffen of Tanat and the late Lord Ridley of Liddesdale, would be delighted that we have the opportunity to go back to the question of whether this country voted in 1975 to join a market and, as the shadow Foreign Secretary has commented, have the benefits of a market, embrace the world and get our full seat back on organisations such as the World Trade Organisation, and not be told what to do by the political and judicial arrangements that we are currently under.

This is a glorious moment in history, because the eurozone will inevitably move to become a co-ordinated country, in which significant amounts of money are shifted from the northern wealth-creating areas of Germany and Holland to southern Europe, and we have a chance of really radical change. I am delighted that the Foreign Secretary expounded that today and that the Prime Minister has made a start. We have a real chance.

[Mr Jenkin]

I would recall other mentors who were in the House when I first entered it, such as the late Lord Shore of Stepney and, indeed, the late Tony Benn.

[Mr Paterson]

I am glad to have the endorsement of those key figures from the Opposition Benches.

I want to touch on two points. First, I strongly advocate that the Prime Minister gets the maximum time for his negotiations, and I would like the referendum to be held in late 2017. Secondly, on the question, I favour two positives, rather than having one side as a negative.

The issue that really concerns me, however, is the suspension of purdah. I am afraid that I was dismayed to read the Foreign Secretary’s comments on ConservativeHome this morning, which are nonsense. The rules of purdah have developed steadily over 20 years. We have just fought a general election very satisfactorily, during which the wheels of government continued to turn without attempts to use taxpayers’ money to influence the way people voted.

I want to take the House through the long process that goes right back to 1996, when the Nairn report called for referendums to be brought within election law. The result of the Welsh referendum, when the Conservatives were in total disarray, was extraordinarily narrow: 6,721 was the majority across Wales, or 168 per seat. By any standards, that was a very marginal result. Particularly in north Wales, near where I come from, there was widespread dissatisfaction at the fact that the result was affected by very significant Government interventions.

In October 1998, Lord Neill of Bladen’s Committee came up with some absolutely key recommendations. I want to cite Vernon Bogdanor of Oxford University—he taught the Prime Minister a thing or two about politics, philosophy and economics—who, in a very telling contribution, said:

“I hope also the Committee will make some suggestions about referendums because one purpose of a referendum…is to secure legitimacy for decisions where Parliament alone can not secure that legitimacy. For that legitimacy to be secured, the losers have to feel that the fight was fairly conducted.”

That issue is absolutely fundamental: the British public have a real sense of fairness, and if they have a sense that this referendum is rigged, the result will not be legitimate.

On that basis, the very distinguished figures on the Neill Committee stated:

“We believe it is perfectly appropriate for the government of the day to state its views and for members of the Government to campaign vigorously during referendum campaigns, just as they do during general election campaigns. But we also believe that, just as in general election campaigns, neither taxpayers’ money nor the permanent government machine—civil servants, official cars, the Government Information Service, and so forth—should be used to promote the interests of the Government side of the argument. In other words, referendum campaigns should be treated for these purposes in every way as though they were general election campaigns.”

They also said:

“We believe that it is extraordinarily difficult, if not impossible, for the government of the day to offer purely objective and factual information in the course of a referendum campaign, especially when, as will usually be the case, itself it is a party to the campaign. We believe governments should not participate in referendum campaigns in this manner, just as it would be thought to be wholly inappropriate during a general election campaign for the government to print and distribute, at the taxpayers’ expense, literature setting out government policy.”

Their recommendation 89 stated:

“The government of the day in future referendums should, as a government, remain neutral and should not distribute at public expense literature, even purportedly ‘factual’ literature, setting out or otherwise promoting its case.”

I stress that very senior, respected figures on both sides of the House have participated in this long debate over the past 20 years. In an Adjournment debate on the Neill report on 9 November 1998, there was a significant contribution by the then Home Secretary Jack Straw, but, on the Conservative side, the now Lords Fowler and MacGregor of Pullham Market were absolutely clear in calling for full implementation of Neill. Sir Norman Fowler, as he then was, said:

“However, we accept the findings in the report and believe that legislation based on it should be introduced with the proviso that it should implement all the major proposals. There should be no cherry picking of one proposal, leaving the others to one side.”—[Official Report, 9 November 1998; Vol. 319, c. 59.]

Second Reading of the Political Parties, Elections and Referendums Bill was on 10 January 2000, introduced by Jack Straw. Interestingly, Mr Speaker, there was a significant intervention, at column 36, by the hon. Member for Buckingham (John Bercow). Only you could use such a phrase as this:

“I am sure that the House has listened to the right hon. Gentleman’s historical exegesis with great interest.”

Very pertinently, as the first person to raise the issue of time, you went on:

“If he is against the purchase of votes, how does he justify promoting a Bill that will allow the issue by Ministers of official press releases in support, for example, of the abolition of our national currency, while regulating the activities of campaigning organisations in any such referendum for up to six months, thereby preventing the supporters of national self-government from effectively arguing their case?”—[Official Report, 10 January 2000; Vol. 342, c. 36.]

That was a most pertinent intervention because the issue of time reappeared in Committee.

My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who has sadly left his seat, argued hard on the amendments, and, Mr Speaker, you and I participated on the issue of special advisers. Respected figures such as my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) and my hon. Friend the Member for Stone (Sir William Cash), and a number of us who have held this party together through the long winter of opposition, all made the point that 28 days was not sufficient. We were absolutely clear that we did not like Jack Straw’s proposals on 28 days. My right hon. and learned Friend the Member for Beaconsfield said:

“we are worried that the 28-day period on its own will be insufficient. The particular mischief is that there will be a preliminary period, in which the campaign that will be set up in opposition to the view that the Government want to put forward, but which they will subsume into their own campaign organisation, is not up and running because it has not received validation from the commission.”—[Official Report, 16 February 2000; Vol. 344, c. 1062.]

Lord MacKay of Ardbrecknish, another distinguished Conservative, said:

“I believe that purdah should apply during the whole referendum period. I consider that to be fair and equitable.”—[Official Report, House of Lords, 22 November 2000; Vol. 619, c. 884.]

A helpful intervention came from the Electoral Commission yesterday:

“We are therefore disappointed and concerned that the Bill includes provision to remove the restrictions on the use of public funds by governments and others to promote an outcome right up until voters cast their vote.”

--- Later in debate ---

[Alex Salmond]

I remember when John Major, as Prime Minister, ironically thanked the right hon. Gentleman for resigning from the Cabinet so that he could consolidate and secure his leadership of the Conservative party.

The SNP’s attitude is that we are a pro-European party. We believe that controlling 99% of our taxation revenue would be genuine independence, as opposed to the sum of 12% that we control at the moment or the 20% or so that we will control under the proposals that we debated yesterday. That is why we are proud to say, as are so many other countries, that we can be independent within the European Union. The idea that the right hon. Gentleman portrays—that a country cannot be independent in the European Union—is not widely shared across the continent. It might just be that the right hon. Gentleman and his friends are wrong in being out of step with all other Europeans, as opposed to him and his friends being correct about their idea of independence within the European construct.

The question of whether or not there will be collective responsibility in respect of the referendum is capable of being answered as a matter of principle. I hope that the Foreign Secretary or his colleague will address it in those terms when they wind up the debate this evening.

[Mr Jenkin]

Will the right hon. Gentleman give way?

[Alex Salmond]

I am in the fortunate position, as Mr Speaker said, of not being bound by the 10-minute rule. I will give way a couple more times, but I understand what Mr Speaker said about allowing other Members to get in.

[Mr Jenkin]

Will the right hon. Gentleman explain why the same arguments that were deployed by people like him to say that we should join the euro—thank goodness we did not—are now being used by people like him to say that we cannot possibly consider leaving the EU? Does that not underline that he is Braveheart in Scotland, but slaveheart in Brussels?

[Alex Salmond]

One wonders how long it took the hon. Gentleman, when he was lying in bed this morning, like the Prime Minister, working out how he would deploy that bon mot in the debate, to come up with that.

The hon. Gentleman mistakes me, incidentally. He should reflect on the speech that I made in this Chamber only last week. I am not one of those people who argues that the UK could not possibly be out of the European Union. In my speech last week, I warned against a parade of establishment figures talking down to people and saying, “You can’t do this. You can’t do that.” I am not one of the people who argues that case. The essence of my case for being in the European Union is a positive case about what Europe should be doing, not about what it should not be doing. I hope that at some point in this debate, we will get to the stage where what is said to be wrong with the European Union is not things like hard-working Polish people being able to repatriate their child benefit to Poland. There must be more to this country’s relationship with the rest of Europe than matters of such smallness.

I will move on to the essential nonsense of this referendum and why my party will oppose it in the Lobbies this evening. When someone proposes a referendum, it should be because they are proposing a significant constitutional change, whether it be the alternative vote, Scottish independence, Scottish devolution or Welsh devolution, and they are looking for democratic sanction—the sovereignty of the people—to back that change. That is not the position of the Prime Minister. Nobody seriously believes that he wants to take this country out of the European Union. The referendum is a tactic that is being deployed as a means of deflecting support from UKIP and as a sop to Back Benchers. Nobody believes that the Prime Minister wants to take the country out of the European Union.

The suspicion, which is already developing in this debate, is a result of that essential contradiction in the Government’s proposition. The suspicion is coming, incidentally, not just from the hardened Eurosceptics—or Europhobes, perhaps—from whom we have heard on the Government Benches, but even from the hon. Member for Reigate (Crispin Blunt) and the right hon. and learned Member for Beaconsfield (Mr Grieve), who questioned why it looks as though the Government are trying to stack the deck in the referendum before the campaign has even begun. The questions about the campaign limits and the purdah period are coming not just from people who are opposed to the European Union, but from Members of great experience who are concerned that the Government are already moving to imbalance the referendum campaign.

Let me tell right hon. and hon. Members who do not share my view on Europe what exactly will happen if we go into the campaign and the polls start to close or perhaps the no side even moves ahead. We will find Sir Nicholas Macpherson parading things in front of Select Committees of this House; we will find civil servants compromising their impartiality; and we will find the Prime Minister suddenly making a promise, a commitment, a pledge or a vow, and saying that he has found some new policy initiative to turn the argument, in total defiance of any idea of a purdah period.

My advice—and it is free advice, honestly given—is that Members should lock things down in the Bill, otherwise all their worst fears will come into being. With great respect to the Foreign Secretary, they should not trust his bona fides in saying that he just wants a fair game and fair play. If we want to secure a proper and decent referendum and avoid the deck being stacked, we should lock it into the Bill through amendments.

We have detailed reasons for opposing the referendum in its current form. I say to the Labour party that I am surprised by its argument, “We lost an election, and we therefore have to change our policy”, as the acting Leader of the Opposition said just the other day. Does that apply to all the policies that Labour fought the election on, or just to the policy on the referendum?

--- Later in debate ---

[Sir William Cash]

I entirely agree. The European Scrutiny Committee was unanimous in its report, which was severely critical of the BBC’s failure to be sufficiently impartial in relation to European matters. There will be further discussion of that issue as we continue to debate the Bill.

At the 1922 committee meeting, I made it clear that we would engage not in wilful opposition but in a process of mutual respect and debate. In plain English, what the Prime Minister said on 23 March boils down to the following. He said that he wanted to change the basic principles by which the United Kingdom is connected to the European Union. He carefully distinguished between “fundamental change” in our relationship and mere reform of it. Reform may include some treaty change to include issues relating to benefits and so forth, but they pale into insignificance by comparison with the Prime Minister’s own assertion that he wants “fundamental change” in our relationship with the EU.

In its report on referendums, the House of Lords Constitution Committee made it clear that a referendum would be primarily necessary in the event of a proposition that we leave the European Union, as opposed to mere nibbling at the treaties. I have said repeatedly for years that if we do not achieve this fundamental change, we will have to leave the European Union. That becomes essential if we are to govern ourselves in line with the wishes of the voters in general elections. In his Bloomberg speech, the Prime Minister said:

“It is national parliaments which are, and will remain, the true source of real democratic legitimacy and accountability in the EU.”

Nothing is more important than that when it comes to the government of our country and its freedom.

Other member states may seek to block this action, but they do so at their own peril. They need us politically and economically, and they repeatedly say that they want us to remain in the EU; but then the handouts, the bail-outs, the subsidies and the ideology of political union get in the way. We have positive alternatives to the European Union. Our democracy and our national Parliament are what people fought and died for in two world wars, and it was through their sacrifice that we saved Europe in those two wars. It is not in the interests of Germany, Europe or ourselves for us to remain in the second tier of a two-tier Europe dominated and profoundly affected by a de facto eurozone, which is in reality at the epicentre of the legal framework of the European Union itself, in which we have been embedded by successive treaties and which does not work.

[Mr Jenkin]

That is the most fundamental point that must be addressed by those who want us to remain in the EU on the present terms. For 20 or 30 years we have had a dysfunctional relationship with the European Union because we do not want to be in political or monetary union, and do not want to be absorbed into something that looks more and more like a state. If those people cannot answer the question how we can be at the heart of this Union on a completely different basis, we will indeed end up as a second-tier member state of an increasingly centralised European Union.

[Sir William Cash]

My hon. Friend is absolutely right.

Removing the words “ever-closer union”—which have never been specifically adjudicated on by the European Court of Justice, and merely form part of the preamble to the treaties—will not solve the problem. It does not change the legal obligations of the accumulated treaties, from Maastricht to Lisbon. Notwithstanding their protestations, it will not be the establishment, the EU, the BBC or the self-appointed multinationals with vested interests who will decide these matters. None of those multinationals has advanced a rational argument to support their determination to stay in the EU. That is my response to what was said by my right hon. and learned Friend the Member for Rushcliffe, who asked the same question of us from the other side of the argument. They were hopelessly wrong about the euro, and have been hopelessly wrong about so many aspects of European debate.

It is the voters who will give their verdict by the end of 2017. It is the voters, and the voters alone, who will decide it, not the massed ranks of the Europhiles. The rolling back of the treaties is imperative to our national interest. Indeed, the 1971 White Paper, on which the European Communities Act 1972 is still founded, clearly stated that we must keep the veto precisely because it was in our national interest to do so. It went on to say that to do otherwise would

“imperil the very fabric of the Community.”

I look at my right hon. and learned Member for Rushcliffe because he knows that he supported that at the time, in 1971.

--- Later in debate ---

[Mr Lidington]

What we are providing for in the Bill is a power to set a date by order. The only thing on the face of the Bill is that the referendum must be held, at the latest, by the end of 2017. We are at the start of negotiations and we do not know when they will be concluded, but that is the right approach to take. It is Parliament that will have the right, when the order comes before it, to decide whether the date proposed is the right one or not. I will also say—this is the point the right hon. Gentleman made during his speech earlier—that when the Government come to set a date, if that date were to require combination with other elections of some kind, we would obviously at that point make our views known and provide a full explanation to the House in line with what the Electoral Commission proposed in its report of December last year.

A large number of right hon. and hon. Members spoke about the importance of securing a fair referendum. I agree with that. Many of the concerns expressed related to matters of campaign funding. The arrangements provided for in the Bill rest upon those provided for in the Political Parties, Elections and Referendums Act 2000. Campaigners who do not wish to register with the Electoral Commission are allowed to spend up to £10,000. Campaigners who are registered with the Electoral Commission—these have to be permissible campaigners and donors under our electoral law—have other rules that apply to them. The two designated lead campaign groups will have an equal maximum limit available to them of £7 million. Each of those groups will be entitled to receive a Government grant of £600,000. Each will have the right to a free mailshot to all homes and each will have the right to a television broadcast. Other permitted participants in the campaign will be subject to a maximum of £700,000 each. Political parties are, of course, free to campaign. The ceiling on their permitted expenditure will depend on their vote share at the general election, in line with the provisions in the 2000 Act.

[Mr Jenkin]

Will the Minister give way?

[Mr Lidington]

If my hon. Friend will forgive me, I have very little time and there were many points made in a very long debate to which I wish to respond.

The hon. Member for Vauxhall (Kate Hoey) asked about the position of the European Commission and foreign Governments. They cannot be permissible donors under our law, so they would not be entitled to contribute to the lead organisations for either campaign, or make donations of any kind. We cannot pass law in this House that has extraterritorial impact on foreign Governments and international institutions. They have both certain freedoms and responsibilities under the Vienna conventions on how they operate in this country. I can say, from a recent conversation I have had already with the head of the European Commission office in London, that I think the Commission is aware that the very last thing that would help a yes campaign in a European referendum would be a flood of glossy literature from the European Commission going through people’s letterboxes. I would trust the proper diplomatic relationships with Governments and institutions, and encourage them to stick by their duty to respect the right of the British people to take their own decision responsibly. I do not think that their intervention needs to be feared.

I will write to the right hon. Member for Belfast North (Mr Dodds), who raised detailed points about foreign companies. All I would say is that we are simply applying the rules as they currently exist within the overall legislation on political parties, elections and referendums.

Many right hon. and hon. Members spoke about section 125 of the 2000 Act and the Government’s proposal that it be disapplied. I emphasise the points that the Foreign Secretary made earlier. Normal EU business will not stop during a UK referendum campaign, but the phrasing of the 2000 Act is so broad that it could prevent the Government from, for example, setting out in any published form its position on the mid-term review of the multi-annual budget, on ECJ court cases that have an impact here, on negotiations on annual budgets, on trade negotiations or on EU foreign policy initiatives. That would not be a sensible position for us or any Government to get themselves into. For this referendum the public will expect the Government, as the Government, to make their recommendation clear, to explain their reasons for that recommendation and to respond to questions put to them by electors during the course of the campaign. It is for those two reasons that we propose to disapply section 125.

The question I take from the debate is this: how do we provide the credible assurances that give effect to what my right hon. Friend the Foreign Secretary said—that the Government will be restrained in their use of public money and have no wish to compete with the umbrella campaign organisations whose job it will be to lead the yes and no campaigns? I acknowledge the constructive way in which the right hon. Member for Leeds Central (Hilary Benn) responded to the Foreign Secretary’s speech on that point. As the Bill goes forward over future weeks and months, within the House we will need to consider how we put in place the right framework so that what my right hon. Friend talked about will be given proper effect, while giving the Government the freedom to publish without being constrained in the way I have described.

We will come to questions about the franchise in Committee of the whole House next week. I simply say to those who have argued for EU citizens to be enfranchised that it is straightforward and in accordance with referendum precedent for the United Kingdom as a whole that we rely on a general election franchise, rather than on the franchise for local and national elections.

On the question of 16 and 17-year-olds, I accept that there are strongly held views in this House on both sides of that debate, but the proper occasion to have that debate will be in the form of legislation to amend our arrangements on the Representation of the People Acts, so that we can debate the principle and decide as a House whether to apply that rule to all future elections and referendums—not to make some one-off exception for this referendum on the United Kingdom’s place in the European Union.

There have been a large number of detailed points made by right hon. and hon. Members in all parts of the House. I shall try to respond in detail to those Members whose points I have not been able to address in the course of my concluding remarks in the form of letters over the next week. We will have the opportunity very soon, in the form of Committee of the whole House, to explore some of these matters in further detail.

I believe, however, that this Bill provides a straightforward, fair and effective framework for the British people to decide our country’s future in Europe. This Bill delivers on a promise that the Government of the United Kingdom made to the people of the United Kingdom at the general election, and I commend it to the House.

Question put, That the amendment be made.

--- Later in debate ---

The House proceeded to a Division.

[Mr Jenkin]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Would the hon. Gentleman care to come nearer to the Chair to make his point of order?

[Mr Jenkin]

I cannot speak from here?

[Madam Deputy Speaker]

Not during a Division.

[Mr Jenkin]

On a point of order, Madam Deputy Speaker. There is a great delay in the Aye Lobby because there are so many Members of Parliament there. I am reminded that Margaret Thatcher once said that

“the Road to Damascus has never been more congested.”

[Madam Deputy Speaker]

I thank the hon. Gentleman for his point of order, and for bringing those pearls of wisdom to the House this evening. So far, however, an inordinate amount of time has not elapsed since the beginning of this Division. If an inordinate amount of time does elapse, I will—as I always do—send the Serjeant at Arms to investigate whether there is a delay in the Lobby.

Ukraine

Bernard Jenkin Excerpts

Tuesday 10th February 2015 Commons Chamber

[Mr Hammond]

Yes, I assure the hon. Gentleman that they do make representations to the Foreign Office, and of course we take them into account. I should be clear, however, that we have excellent communications with the Ukrainian authorities. I met the President and the Foreign Minister of Ukraine the week before last at the Auschwitz commemorations. We have regular dialogue with them, and they are hugely active in their engagement with the EU and hugely appreciative of how we collectively have responded to their plight.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend describe what he thinks a successful outcome to the French and German-led talks with Russia would look like? Would it involve the de facto partition of Ukraine, and how would that be anything else than a permanent reward for Russian aggression?

[Mr Hammond]

No, a good outcome would not look like that. It would look like an agreement to a ceasefire and a withdrawal from the current lines of contact, along the lines already suggested, and not just an agreement to its happening tomorrow, but evidence by the end of the week that Russian forces were pulling back; it would look like an agreement on the effective policing of the Russian-Ukrainian border so that once Russian equipment had moved back across the border into Russia, there was an effective, transparent regime for monitoring further equipment crossing the border; and it would look like an explicit withdrawal of Russian support for and endorsement of the separatist forces.

European Union (Referendum) Bill

Bernard Jenkin Excerpts

Friday 17th October 2014 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

As a Member of Parliament who represents a port, I thank the hon. Lady for giving way. This is an example of how the single market is used as an all-enveloping pretext for Community action at Community level, whatever is the case, even though it is very difficult to argue that there is a single market between the ports of Harwich and Felixstowe and those of Marseilles or Piraeus, which is the basic premise of the argument behind the directive.

[Kate Hoey]

I am sure that all hon. Members could come up with different scenarios, but the fundamental principle is that we are losing control of our own country and of what we want to do in our own country. It is very simple and I genuinely cannot understand why people cannot see that we are losing control of what we want to do here. Of course, we want to co-operate with other European countries. I want to co-operate with all sorts of countries. I would like to see our Commonwealth countries much more involved in what we are doing, as we have treated them scandalously over the years. That is why, if there were a referendum and if we chose to leave the European Union, I would feel quite confident about this country. I want to get our confidence back. I do not want this doom-ridden approach that suggests we have to be part of the European Union because we are only a country and we need it desperately. It needs us, too, and I have confidence that if we were to leave the European Union we would be quite capable of having a prosperous future.

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[Mr Hammond]

The hon. Gentleman makes a perfectly legitimate point. Many countries in the European Union are concerned about treaty change because of the implications for their domestic politics, but the EU may have to embrace treaty change anyway. The EU has to deal with the ongoing crisis in the eurozone, which will require structural change to resolve it. He wants to believe that there cannot be treaty change, but given the structural flaws in the eurozone and what will be needed to resolve them, the European Union may get treaty change sooner than it thinks and whether it likes it or not.

[Mr Jenkin]

My right hon. Friend is being very generous to Her Majesty’s official Opposition in saying that they do not believe that treaty change is obtainable. I think he is misinterpreting their motives. I think they like the European Union the way it is and the way it is going. Funnily enough, that is creating high unemployment and global financial instability, but they have no intention of changing it because they do not want to change it.

Ukraine, Middle East, North Africa and Security

Bernard Jenkin Excerpts

Wednesday 10th September 2014 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Listening to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) has underlined for me that we are in danger of having quite a serious debate in this House for a change. There have been a great many very thoughtful speeches, despite their enforced brevity, which I will seek to match.

My Committee, the Public Administration Committee, produced two reports about strategy early in this Parliament. I may be flattering myself, but strategy—and the word “strategy”—seem by osmosis to have got more into the currency of our thinking.

Before I talk about strategy, let me briefly address the question of the role of the House of Commons in the decision to go to war. It is an interesting debate, and I am intrigued that a former Lord Chancellor, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), should describe the royal prerogative as some kind of out-of-date relic given that most of the powers that Ministers continue to exercise—including the power to go to war, whether or not there has been a vote in this House—are in fact royal prerogative powers.

The debate threatens to be sterile, however, because it has never been the case in modern times that any Prime Minister would consider going to war unless they felt that they could command the confidence of the House of Commons, whether they took the decision before or after consulting it. Nothing has changed: whether there should be a debate is not a matter of religious or constitutional doctrine. The responsibility for taking such a decision and for providing leadership on whether to take the country to war and commit our armed forces to military action goes with the seals of office as Prime Minister. The idea that that can be subcontracted to the House of Commons, where all the armchair generals—well, we do not sit in armchairs—and amateur strategists can add their pennyworth and then decide the issue, is a great mistake. We do not want to lose sight of the fact that the Government propose; the House of Commons disposes.

[Paul Flynn (Newport West) (Lab)]

Will the hon. Gentleman give way?

[Mr Jenkin]

I give way to my Select Committee colleague.

[Paul Flynn]

Was the hon. Gentleman’s faith in the value of a grand strategy not dented by the right hon. and learned Member for Rushcliffe (Mr Clarke), who said that his experience of the National Security Council was of astonishing events that nobody expected and nobody had planned for? A grand strategy carved in stone would be useless.

[Mr Jenkin]

I must remind the hon. Gentleman, who has sat in Committee with me for many hours listening to evidence about this, that strategy is not the same as having a plan. Yes, a plan may be knocked off course by events, but that does not mean that we should relinquish all the means or methods of reformulating the plan. That is what strategic thinking is about, and I shall apply further thought to that in my speech.

Let us face it: if we sweat about whether to take military action and that dominates our entire debate, we are missing the point. I agree with my right hon. and learned Friend the Member for Rushcliffe on that. Our debate should be about the context in which we are making that decision. The decision should flow out of that context, not be the subject of the debate itself.

The Foreign Secretary demonstrated a laudable strategic perspective after a period of reactive and short-term initiatives, such as the reversal of the policy on Syria after the vote last year, which have left our policy in disarray and, one might even say, paralysis. The period of complete neglect of the Syrian situation has resulted in the ISIS situation that we face. That has not been helped by perhaps the greatest and most silent strategic shock to hit the western world—the almost complete absence of the United States from an active role on the world stage.

The Foreign Secretary still gave us a lot of conflicts. We will consider air strikes in Iraq, but not in Syria, which is the home base of ISIS. We said that we would not provide arms to the Kurds, but now we are. We continue to expect President Assad to stand down, but we will not do anything to make that happen. That has brought about the situation that we are in. The Government’s approach is over-precious about who our friends should be and careless of the consequences of the restraints that that places on our policy. We have to treat President Putin as a pariah, but we might need to use him as an ally to defeat ISIS and stabilise the middle east.

[Mr Baron]

I am listening intently to my hon. Friend’s comments, some of which I agree with. I suggest to him that perhaps caution is the right course of action for the Government. We must not forget that only recently, in the past 10 years or so, we have been to war in the middle east on a false premise and supported the morphing of the Afghanistan mission from defeating al-Qaeda into the much wider and disastrous mission of nation building. Many would also argue that Libya is turning into a basket case. Surely caution is not a bad thing, given our past errors.

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[Mr Jenkin]

Of course we should exercise caution. I have learned my bitter lessons, having been on the Opposition Front Bench during the vote on Iraq. The decision to go to war blinded us to the wider strategic considerations that should have been at the forefront of our minds. We obsessed about the wrong things. Incidentally, the opponents of war obsessed about the wrong things too. They obsessed about legality, instead of effect. We also sleepwalked into Helmand. I did not have responsibilities at that stage, but it was extraordinary that we did so.

The National Security Council needs a template—a doctrine of thinking—in approaching such matters. That is what I want to discuss in the last few minutes that I have. I agree with my right hon. and learned Friend the Member for Rushcliffe that the greatest immediate threat is not what is happening in Ukraine, the situation in Gaza, Israel and the middle east, however much that preoccupies us, or what is happening in Libya, which is a sideshow, but ISIS. The Prime Minister is right to lay that out as the big threat.

We need a doctrine of counter-insurgency on a global scale. That is not new thinking. There are a few rules that should guide our thinking. We have to secure our home base. The security element of this debate, which has been rather neglected, is the most important thing. How will we protect ourselves from this insurgency? We need to deny the enemy a secure base. I ask Ministers: how can we deny the enemy a secure base if we will not do anything about Syria? We need to starve the enemy of resources. How will we prevent the international money laundering that has been mentioned in this debate? We need to base all activity on the best human intelligence. We cannot plan any sort of campaign if we are guessing or we do not know what is happening on the ground. However, we have cut the resources for that vital part of our capability. We must do our best to remove the underlying political grievances. That is why the middle east peace process is important. It is a tactical consideration in the main strategic objective of containing ISIS.

We need to co-ordinate all actions to a strategic plan, otherwise there will be chaos. We also need to remember that it is, in the end, a battle for hearts and minds and that conflict is about will-power, not physical force. Military action is not necessarily an indication of determination—it can be an indication of despair or weakness. We need to remember that the smallest actions, such as Guantanamo Bay, the development of technology such as mobile phones or apparently innocuous words used in a speech, such as “axis of evil”, can have enormous strategic effects. We need to stay within the law, because if we are trying to defend law it is important that we uphold the law ourselves, and we should use force only as a last resort. I agree with my right hon. Friend the Member for Wokingham (Mr Redwood) that we have tended to resort to force as an expression of our will-power without applying our will-power to all the other means at our disposal first.

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[Sir Menzies Campbell (North East Fife) (LD)]

I must begin by apologising for not being present at the outset of the debate; I had a parliamentary obligation outside the House of Commons. However, at least I turned up, which is not something that can be said of Scottish National party Members, who, even as we conduct this debate, are going round Scotland saying that we should have a different and better foreign policy, but have declined the opportunity to come today and to take us, and perhaps the British public in general, into their confidence.

I had the good fortune to hear the speeches of my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and my hon. Friend the Member for Penrith and The Border (Rory Stewart), who has now left us. I recall, as my right hon. and learned Friend will, that he and I went through the No Lobby together when it came to the question of military action against Iraq. Although it was suggested a moment or two ago that legality was perhaps too much in the minds of those who took that course of action, the truth is that unless we are able to persuade the House of Commons that what we are about to do is legal, we will have very little chance of persuading the public outside the House of Commons that what we are proposing to do is in the best interests of the public.

[Mr Jenkin]

The point was not to criticise any legitimate discussion about legality, although I do not think there was any question about that legality. The problem was that we spent all our time discussing that and talking through the United Nations—it is all that Tony Blair talked to the President of the United States about—instead of asking, “What are we going to do when we get there?” We thought that that discussion had gone on between Tony Blair and the President, but it just had not. That was the real tragedy of that situation.

[Sir Menzies Campbell]

My recollection is that the discussion was mainly about illegality, and I think the hon. Gentleman does himself and his party a little less well than he could have, because the Conservative spokesman, translated to the House of Lords as Lord Ancram, was among those who were arguing very strongly that there was a complete absence of a plan about what needed to be done after the military action had been successfully concluded. That attitude and those matters were under active consideration by the hon. Gentleman’s own party, even though it had voted to go to war anyway.

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[Mr Jenkin]

rose—

[Sir Menzies Campbell]

I must make some progress, if my hon. Friend will excuse me.

The second speech by which I was considerably influenced was that of the hon. Member for Penrith and The Border, who talked in realistic terms about resources, in particular the resources available to the Foreign Office. I would like to say a few words about the resources available to the three security services, which as it happens are giving evidence to the Intelligence and Security Committee today.

If the threat is increasing and if the analysis is that there is a greater risk of terrorist activity in this country as a result of returning jihadists, one way to begin to seek to meet that threat is by ensuring that those who are on the front line of seeking to disturb or prevent such actions from taking place are properly resourced. That means investing money—and, yes, it means taking money away from other things. We should never forget that the primary duty of any Government is the defence and the security of their own citizens.

Ukraine

Bernard Jenkin Excerpts

Tuesday 18th March 2014 Commons Chamber

[Mr Douglas Alexander (Paisley and Renfrewshire South) (Lab)]

I welcome the motion and this debate on the ongoing crisis in Ukraine and the British Government’s response. At the outset, let me make it clear that the Government have our support in seeking an urgent de-escalation of the crisis and in their efforts to date to secure a sustainable diplomatic resolution that respects and upholds the international law of which the Foreign Secretary has just spoken.

The crisis in Crimea represents perhaps the most significant security threat on the European continent in decades, and it poses a real threat to Ukrainian sovereignty and territorial integrity. Russia’s recent actions have also reaffirmed the existence of a geopolitical fault line that the west ignores at its peril. Given the events still unfolding on the ground and the speech made by President Putin in the past couple of hours, few would claim that the international community’s response to date has been effective in securing a change of approach from Russia. Since the issue was last debated in the House, an illegal referendum has taken place in Crimea in the shadow of Russian guns, President Putin has signed an order recognising Crimean independence and approved a draft Bill on its accession, and Ukraine’s Parliament in Kiev only yesterday authorised a partial mobilisation of volunteers for the armed forces’ new reserve. The potential for further escalation of the crisis, therefore, remains real and deeply troubling. The international community must do more to encourage Russia to engage in constructive dialogue, while simultaneously applying greater pressure if President Putin refuses to change course.

I want to focus on three key issues. First, I will assess the international community’s response to date and why it is has so far not achieved the desired outcome. Secondly, I will outline the possible mechanisms by which the west can now engage Russia more effectively. Finally, I will look at a series of proposed steps that should be considered for raising the costs and consequences for Russia if the crisis is not swiftly resolved.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

What, in the right hon. Gentleman’s view, does Russia need to do to bring about a de-escalation of the situation?