European Union Referendum Bill

Debate between Bernard Jenkin and Owen Paterson

Tuesday 9th June 2015 Commons Chamber

[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.”