European Union Bill

Christopher Pincher Excerpts

Tuesday 25th January 2011 Commons Chamber

[Mr Lidington]

My hon. Friend makes a good point. Of course, we must look at the question of whether the franchise for a particular referendum should include the people of Gibraltar in the context of whether it would affect Gibraltar. As he will appreciate, although Gibraltar is in most respects treated as part of the EU, some parts of the treaties do not apply to it. It is therefore right that the Bill specifies that the electorate in a referendum should include the people of Gibraltar when the subject matter of that referendum also applies to them. To provide further reassurance, I call tell him that I have consulted the Chief Minister of Gibraltar formally and discussed the matter with him face to face, and he has assured me that he is content with the arrangements for Gibraltar as set out in the Bill.

[Christopher Pincher (Tamworth) (Con)]

This is not the time to talk about changes to the Representation of the People Act 2000, although it is probably the place, but the Minister will be aware of the great concern here and in the country about extending the right to vote to prisoners. My understanding from the ruling of the European Court of Human Rights is that that applies only to general and European Parliament elections, so is it not possible to include in the Bill a specific disfranchisement of prisoners, who otherwise would have an opportunity to vote on constitutional matters?

--- Later in debate ---

[Mr Lidington]

There is a principle in the interpretation of the law that the singular can include the plural. If the wording proved to be an obstacle to what the Government of the day and the Electoral Commission considered to be the best way to operate a referendum, it would certainly be open for a change to be made in the Bill authorising the referendum. I am prepared to have a look at that question between now and Report. I am reasonably confident that we would not run into the problems that the right hon. Gentleman described, but I am prepared to seek detailed advice and come back to it on Report.

[Christopher Pincher]

I suspect that the number of occasions on which multiple referendum questions are on the ballot paper will be quite rare, but on those occasions will the Government agree to spend more money to publicise the referendum and allow campaigning organisations more money to spend campaigning for or against the questions? The more questions on the ballot paper, the more complex the issues are and the more money needs to be spent to explain them.

[Mr Lidington]

That is one of the very good reasons for not trying to cover all the ground in this Bill. That kind of detail will be a matter for the application of the 2000 Act or its successor statute, and for the Government of the day to authorise a referendum or combination of referendums. That might depend, for example, on whether one lead campaign organisation could be said fairly to represent the views of the yes or no camp on more than one referendum, or whether separate lead organisations were needed. It is reasonable for my hon. Friend to ask those questions, but answers to them can be provided only when we come to consider a specific case in due course.