European Union (Referendum) Bill

David Lidington Excerpts

Friday 22nd November 2013 Commons Chamber

[Mr Speaker]

At the moment of interruption, Mr David Lidington was on his feet in response to an intervention by Mr Chris Williamson.

[The Minister for Europe (Mr David Lidington)]

rose—

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

On a point of order, Mr Speaker. I have evidence that the Foreign Secretary, possibly, and certainly the Minister for Europe, are not 100% committed to the 2017 date, and have already considered scenarios in which that supposed commitment could be scrapped.

[Mr Speaker]

That is not a point of order; it is not a matter for the Chair.

[Mr Lidington]

I think the answer to the intervention is closely related to comments I want to make about the amendment tabled by my hon. Friend the Member for Windsor (Adam Afriyie), and by Opposition Members, which seeks to bring the date of the referendum forward from 2017, at the latest, to a date in 2014. In responding to those amendments, and accepting the good faith in which they were tabled—

[Mr Thomas]

rose—

[Mr Lidington]

I will give way. I hope it is a genuine defence.

[Mr Thomas]

Two weeks ago, the Minister for Europe was asked by the hon. Member for Gainsborough (Sir Edward Leigh), who is not in his place today—

[Mr Thomas]

I beg the hon. Gentleman’s pardon. He was hiding at the back. His question to the Minister for Europe two weeks ago was extremely pertinent. He asked when the Prime Minister—or perhaps the Minister—would reveal which powers and competences the Prime Minister wants to repatriate to the UK as a result of the treaty change that is coming. Two weeks ago the Minister would not answer his hon. Friend, so perhaps he will give us an answer today.

[Mr Lidington]

Oh dear, dear, Mr Speaker. Labour Members cannot think of something new today, so they just put on the old record and try to repeat it again. I am tempted simply to refer the hon. Gentleman to remarks I made last time we debated this Bill. I pointed out to him achievements that the Government already have to their credit in terms of significant reform of the European Union, from the first ever budget cut, to reform of the fisheries policy of a kind that Labour said it wanted during 13 years in office but was never capable of achieving.

Yet again, the hon. Gentleman has failed this morning to spell out whether his party and leader are prepared to commit themselves to giving the British people a final say over the terms of our membership of the European Union. [Hon. Members: “Give way!] I am giving the hon. Gentleman the answer I believe he deserves. He may believe that the right approach would be for the Government to spell out in 2013 precisely what terms Ministers in a future Conservative Government would hope to put to the European Union after the 2015 general election. I say only that if that is the sort of naive approach to negotiation he currently endorses, it shows why the Labour party so signally failed to achieve much while in office.

Let me return to the points I was addressing to my hon. Friend the Member for Windsor, and others who want to bring the referendum forward to 2014. First, I ask them to consider British circumstances in 2014. We will already have an important referendum on the future of Scotland in the UK. I believe it would be an unnecessary complication to that debate to have a European referendum as well next year. Secondly, I suggest to the House that we should bear in mind the European timetable. Next year there will be elections to the European Parliament and the appointment of a new European Commission. That period will entail a break from normal European business, during which it would simply not be possible to engage in the serious work of reform and renegotiation that so many people on both sides of the House and millions of our fellow citizens want to see.

The choice that the British people deserve is a choice between membership of the European Union on reformed and renegotiated terms or leaving. That is the right choice. I do not believe it would be possible to come to an informed view about that choice as early as next year. It is that understanding of the European context that has led the Government to propose a 2017 date.

[Huw Irranca-Davies (Ogmore) (Lab)]

On a point of order, Mr Speaker.

--- Later in debate ---

[Madam Deputy Speaker (Mrs Eleanor Laing)]

They have not, but I am sure the promoter of the Bill will have heard the point made by the hon. Member for Derby North (Chris Williamson), and he will have plenty of time to deal with it in the usual course of the debate.

[Mr Lidington]

The amendments in the second group fall into four broad categories. First, there is the amendment that would provide for an additional consultation process on the referendum question, going beyond what is set out and what has already been undertaken. The key point that I want to make is that it has been normal practice under successive Governments for a referendum question to be spelled out very clearly on the face of the Bill that authorises that referendum, and the Bill introduced by my hon. Friend the Member for Stockton South (James Wharton) therefore follows that established practice.

Secondly, amendment 71 in the name of the hon. Member for Glasgow North East (Mr Bain) seeks to add to the requirements for when the power to set the date of the referendum is used. The amendment specifies that the Secretary of State could appoint only the day for the referendum that was specified in a resolution of each House. I draw the attention of the House to the fact that under clause 1(6) the Bill already requires the order to be approved in draft by a resolution of each House, and that draft would include the date of the referendum.

The third category of amendments deals with the languages in which the question should be posed. We have amendments before us dealing with both the Welsh language and Scots Gaelic. Amendment 37, which seeks to substitute the phrase “Welsh translation” for the phrase “Welsh version”, would have no substantive legal effect. It would not serve any particular purpose. It would not change anything. I draw the attention of the hon. Member for Ilford South (Mike Gapes) to the fact that the Parliamentary Voting System and Constituencies Act 2011, which authorised the referendum on the alternative vote system for the House of Commons, used the term “Welsh version” rather than “Welsh translation”. Again, we are going by established precedent.

[Mike Gapes]

I will speak to the amendment if I am called later, but the Minister makes an interesting point. When I tabled the amendment, I was not sure whether Mr Speaker would select it for debate. In fact he has done so on the basis that it is a serious amendment, so I assume that there is a substantive question that needs to be explored, which is why it is on the amendment paper.

[Mr Lidington]

I am sure that every amendment tabled to any Bill by the hon. Gentleman is serious in intent, but Mr Speaker judges not the quality of the content of an amendment, but whether it is in order. If it is in order—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

It is orderly. I am sure that no one will want to challenge Mr Speaker’s decision. I am correct on that I take it, Mr Gapes.

[Mike Gapes]

indicated assent.

[Mr Lidington]

I was not challenging Mr Speaker’s judgment on this matter, but the hon. Gentleman was perhaps over-interpreting the reasons why his amendment had been selected for debate.

With regard to the amendments on the Welsh language, we have already had legislation on referendums that uses the terminology set out in this Bill.

[Stephen Doughty]

What consultations have the Minister and the Bill’s promoter had with the Welsh Language Commissioner, a new office set up in the past year to provide advice on issues such as whether there is an important difference between “version” and “translation”, and all the permutations of that?

[Mr Lidington]

I will leave that to my hon. Friend the Member for Stockton South, if he wishes to respond as the promoter of the Bill. We have a clear example within the past two years of a referendum that has been conducted in the UK, including within Wales. I do not recall any instance in that context when people in Wales protested that the wording in the Welsh language was in any way misleading. That question was based on the use of the term “Welsh version” in the parent legislation.

With regard to Scots Gaelic, we are dealing here with a UK-wide referendum. We have, under specific legislation, provision for UK elections and UK referendums to include a Welsh language version of the questions or party names on the relevant ballot papers. There is no equivalent in UK legislation for Scots Gaelic, Irish Gaelic or any other language to be used in that way, so, again, the provisions in the Bill are completely in line with normal precedent as regards UK practice in legislation.

Finally, there is the important category of amendments on the wording of the question, which draw upon the Electoral Commission’s recent report. It is important to bear in mind how the commission went about its work and the tone with which it presented its report. It carried out 103 interviews with individuals and received representations from 19 individuals and organisations. On the basis of those consultations and its own analysis, it concluded that the Bill met most of the tests that it would normally expect any referendum question to meet. It did not put forward an alternative wording but, rather usually, suggested—I use the term deliberately—two possible alternative wordings. There was no suggestion anywhere in its findings that the question drafted by my hon. Friend the Member for Stockton South was misleading or in any way designed to be unfair, but it suggested that Parliament might like to consider some alternative forms of words.

[Mr Thomas]

With all due respect to the Minister, the Electoral Commission’s view is crystal clear. It stated:

“We recommend that the wording of the proposed referendum question included in the European Union (Referendum) Bill should be amended to make it more direct and to the point, and to improve clarity and understanding.”

Surely he read that sentence.

[Mr Lidington]

If the hon. Gentleman goes back to the report, he will see that the commission stated very clearly that it believed that the question drafted by my hon. Friend met pretty much all the tests it would expect. There was a debate on the degree of clarity, and the commission drew attention to the fact that there were different views among the people they consulted and from whom they received representations about both my hon. Friend’s wording and the various options that the commission invited Parliament to consider.

[Martin Horwood]

Surely the whole point of having an Electoral Commission is that we do not settle for referendum questions that are just about satisfactory and that we certainly go for those that it decides are the best and clearest. On a matter of such critical importance, surely the Minister should accept that.

[Mr Lidington]

An interesting feature of the report is that the commission did not come up with a firm alternative recommendation. Rather, it posed a number of questions and stated that it thought it should be for Parliament to consider whether those recommendations would meet the desire, which I think everyone shares, for maximum clarity and fairness.

[Mike Gapes]

Will the Minister give way?

[Mr Lidington]

I am going to make some progress. [Hon. Members: “Give way.”] The commission first proposed—[Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. In fairness to the Minister, he has given way a couple of times and does not want to do so again. Having three Members shouting “Give way” when he has no intention of doing so is not good for me or for Members, because I cannot hear anything.

[Mr Lidington]

The commission first suggested that Parliament should reflect on whether to use the word “remain” in place of the phrase “be a member of”. As it acknowledged in its report, the judgment about that wording boiled down to an assessment of whether one believed that either form of wording would tilt the electorate unfairly towards supporting one or other camp in the referendum campaign. The problem with trying to make that assessment is that it requires making an assumption about how other members of the electorate will be affected by the wording. My own view is that if we look not just at the theory of how people might react but at the practical context of a referendum campaign, the outcome of which will certainly be a subject of very vigorous public political debate, it is hard to see how the form of words proposed by my hon. Friend is likely to tilt the playing field one way or the other.

--- Later in debate ---

[Chris Williamson]

Will the Minister give way?

[Mr Lidington]

No.

The second alternative put forward by the Electoral Commission is that we should abandon the traditional distinction we have made in referendums in this country between a yes and no choice and instead offer the public the alternatives, “remain a member of the European Union”, or, “leave the European Union”. While the commission was careful not to express a definite preference for one or other of the alternatives it proposed, implicit within its report, certainly as I read it, was a tendency towards looking to the second option, which it felt would more closely meet the optimum standards of transparency, clarity and fairness. However, the commission acknowledged in its report that to move away from the traditional choice between yes and no would be a major step and an important decision for Parliament to take. My preference is to retain the clarity of that choice between yes and no.

Looking at what is likely to happen in the context of a referendum campaign on our membership of the European Union, we have to recognise that such a campaign would, first, follow a general election campaign in which the public would be invited to make a choice, among other things, between prospective Governments who were offering the British people a clear choice on whether to remain a member of the EU, and prospective Governments who were not prepared to offer such a choice. Secondly, people would know that a process of reform and renegotiation was taking place, which would itself be subject to questions and statements in this House and in the media. Thirdly, during the campaign itself we would have a vigorous debate led by the umbrella organisations designated by the Electoral Commission. There could therefore be no doubt about the decision that people were being asked to take. The words proposed by my hon. Friend meet the demands of the House and of the Electoral Commission entirely properly and fairly.