British Property Owners (Cyprus)

David Lidington Excerpts

Tuesday 27th October 2015 Westminster Hall

[The Minister for Europe (Mr David Lidington)]

It is, as always, a pleasure to serve under your chairmanship, Mr Gray. Let me start by congratulating the hon. Member for Denton and Reddish (Andrew Gwynne) on securing this debate and paying tribute to the work of the all-party group under the chairmanship of my hon. Friend the Member for Stone (Sir William Cash).

From the large number of items of correspondence that I get from Members from all parts of the House on property disputes, I am certainly aware of the kind of problems that the hon. Member for Denton and Reddish described and of the traumatic impact that property disputes often have not only on the finances, but on the mental wellbeing of the people we represent. Officials in our consular directorate in London are in regular contact with our high commission in Nicosia. Together they brief me and the Foreign Secretary on the scale of the property problems in Cyprus and the impact they are having on individuals.

While today’s debate has focused on the difficulties in Cyprus and the case of the hon. Gentleman’s constituent in particular, it is a sad reality that property disputes are common in other parts of the world. I have to be frank with the House: the ability of our consular staff overseas to help in individual cases is very limited. That is partly because millions of British citizens live overseas and many thousands of others visit foreign countries every year. It is simply not possible for the Foreign Office to become involved in private legal disputes to which British citizens overseas are party, whether they are related to property, commercial interests or family disputes.

Another issue is that property laws are the competence of individual sovereign states. We have no more authority to intervene in matters concerning Cypriot domestic legislation than the Governments of Cyprus, Spain, Greece, Turkey or Bulgaria—or any other nation where there are numerous property disputes—do to intervene in United Kingdom domestic legislation. Our position on property disputes is consistent with the approach taken by the US, Canadian, Australian and New Zealand diplomatic services. We will, however, do two things. We will continue to try to provide as accurate and up-to-date information as we can to our citizens about the risks involved in buying property overseas and about what they might do to manage those risks, and we will continue to lobby hard the Cypriot and other Governments to try to persuade them to address some of the generic problems that these distressing individual cases highlight.

[Sir William Cash]

Again, I just want to put something on the record. The Bill to which I referred, which was passed on 3 September in the Parliament of the Republic of Cyprus, is not yet available in English. I know the high commissioner has requested it, but it is taking some time. We are now almost in November. I am told that until it is provided, the general information—for the sake of those who read transcripts—can be found on the website of Nigel Howarth of Cyprus Property News. However, the Bill does not apply to mortgages that were dealt with in Swiss francs.

[Mr Lidington]

What my hon. Friend says is right. I want to refer to that Bill later, but we continue to urge the Cypriot authorities to publish an English-language version of the new law as soon as possible and to make available any guidance that might need to be issued in association with the statute itself. I am sure that the forthcoming meeting of the all-party group with the high commissioner for Cyprus to the United Kingdom will provide a further opportunity for such persuasion to be offered.

We publish information on the high commission’s gov.uk website and, more generally, the FCO publishes a guide entitled “Support for British Nationals Abroad”, which also provides general advice for British citizens who are thinking about buying a property in another country. Last month our consular officials attended “A Place in the Sun”, an exhibition in Birmingham, to talk directly to people considering going to live abroad. The purpose of these initiatives is to help to ensure that our citizens are better informed of the risks and challenges before they take the plunge. For example, we always urge people to take proper professional advice, including legal advice, before buying property.

In some cases, such as the one that the hon. Member for Denton and Reddish has described, part of the problem seems to derive from an alleged failure of the legal adviser to provide advice of a sufficiently high standard. In other cases, sadly, we have come across British citizens who have simply not taken adequate legal advice in the first place. Of course, there are others who, on the face of things, would seem to have been the victims of deliberate misrepresentation. Every case is different, which is why it is difficult to provide a template that will apply equally to every individual case.

[Jim Shannon]

I congratulate the hon. Member for Denton and Reddish (Andrew Gwynne) on securing this debate. Those who take legal advice perhaps anticipate that it will be correct, but sometimes it turns out not to be. Is it possible for the British consulate, in whatever country they are in, to have a list of legal minds—solicitors and barristers—who would have enough knowledge to be able to give advice to people?

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[Mr Lidington]

We do keep and make available lists of solicitors and other legal advisers in all the countries where we have posts, and we usually know whether the practices have people who speak English. What we cannot do is give an assurance about the quality of the legal advice. We can say that somebody has been duly qualified to practise law in a particular jurisdiction, but it would simply not be possible for our consular staff to grade the relative performance of solicitors in a foreign country.

There are cases—if I may address one of the points raised by the hon. Member for Denton and Reddish—where the British courts have declined to enforce a European enforcement order because they have found, after scrutiny, that the documents had not been satisfactorily completed. Again, looking at the detail of a particular case is of key importance. Other options—this is all on the website—include contacting the various property action groups to share experience, contacting the Competition and Consumer Protection Service, the CCPS, in Cyprus, or considering financial arbitration, which has worked in some cases, although it is not suitable for all.

Although we have not been able to intervene in individual disputes, our high commission continues to be active. In March 2014, we organised a familiarisation visit to London for members of the Cypriot land registry to share our experience in e-applications, insolvency, alternative dispute resolution and complaint handling. The purpose of that is to try to make it possible for the Cypriot land registry to modernise and speed up its procedures, because one of the chief complaints is that it takes people a very long time to obtain the relevant deeds and documents.

The Cypriot land registry has now computerised its land information system in relation to the existence of encumbrances, and the Foreign Ministry in Nicosia has confirmed that land officers must now inform buyers in writing of any outstanding encumbrances on the property. Our high commission part-sponsored an alternative dispute resolution forum conference in October last year, and it organised two visits for the Cypriot financial ombudsman to this country to learn best practice from his UK counterpart. We continue to be active in helping with public sector reform, particularly with the Ministry of Justice and local government, which we believe will ultimately have a beneficial impact on the way in which property issues are dealt with.

We also lobby the politicians. During the past year—in 2014 and 2015—our high commissioner, Ric Todd, has raised the issue of non-performing loans with the Cypriot Finance Minister and property-related issues with the Attorney General. Both my right hon. Friend the Foreign Secretary and I have raised property issues experienced by British nationals with the Cypriot Government. I did so with Foreign Minister Kasoulides on 12 March this year, and the Foreign Secretary raised property issues again with him when he visited Cyprus on 17 July.

We have seen an effect. There is now a definite will on the part of the Cypriot Government to try to find ways to tackle property issues. As my hon. Friend the Member for Stone said, on 3 September this year the Cypriot Parliament passed a Bill that will help many British nationals and others affected by these issues. The impact of the Bill will be that purchasers who have met their contractual obligations should now be able to obtain their title deeds, although purchasers who have failed to comply with their contractual obligations will not be able to make use of the new law. Our high commission will of course continue to work with the authorities, and they and Ministers will continue to raise property issues whenever the opportunity arises.

The new legislation does not cover the issue of Swiss franc mortgages, which is an entirely separate issue and one that we advise is a private legal matter. We know that some purchasers have managed to renegotiate their mortgage terms. Some have taken legal action in the UK and other claims have been made to the Central Bank of Cyprus and to the Competition and Consumer Protection Service in Cyprus. Last month, Cypriot MPs asked their central bank to review how Swiss franc mortgages were sold, but it is not yet clear how the central bank proposes to take this forward. Our high commission will monitor developments.

Although there has been progress, we recognise the impact that property disputes have had on many families in Cyprus and the United Kingdom, and that many of the families risk losing their life savings. Those affected should continue to pursue their cases through the Cypriot and, if appropriate, UK courts, although we accept that this can be challenging and that good legal advice does not come cheap. In parallel, we remain committed to lobbying at high level to encourage the Cypriot Government to take effective action to resolve existing problems and to reform the property sector to prevent such problems from occurring in future.

Question put and agreed to.

Resolved,

That this House has considered the matter of British property owners in Cyprus.

Foreign Affairs Council and General Affairs Council

David Lidington Excerpts

Thursday 22nd October 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs attended the Foreign Affairs Council on 12 October. The Foreign Affairs Council was chaired by the High Representative of the European Union for Foreign Affairs and Security Policy, Federica Mogherini. The General Affairs Council was chaired by the Luxembourg presidency. The meetings were held in Luxembourg.

Foreign Affairs Council

A provisional report of the meeting and Conclusions adopted can be found at:

http://www.consilium.europa.eu/en/meetinas/fac/2015/10/12/.

The Foreign Affairs Council (FAC) met to discuss Libya, Syria, Migration and EU/Africa, Caribbean, Pacific (ACP) Post-Cotonou. Ms Mogherini also updated on violence in the middle east and condemned the Ankara terrorist attacks in her opening remarks. Ms Mogherini noted the upcoming ASEM (Asia-Europe meeting) conference in November and said that the Foreign Affairs Council would discuss Belarus at the November Council.

Libya

Ms Mogherini welcomed the agreement to establish a Government of National Accord (GNA) in Libya, and made it clear that the EU should encourage all parties to sign up to the agreement and be ready to support it. The FAC subsequently agreed supportive and positive Council conclusions: details of the support package, which would focus on capacity and institution building as well as the restoration of basic services, particularly health, would be finalised in partnership with the GNA to ensure their buy in and ownership. The Foreign Secretary made it clear that the important but fragile agreement needed the EU’s full support. The Foreign Secretary also highlighted that the UK and UN would be co-hosting in London a planning meeting on international support to a GNA.

Syria

Ministers discussed many aspects of the situation in Syria, including the political process, the recent Russian intervention and the migration crisis. Ms Mogherini said in her opening remarks that the EU had a role to play in support of the UN political process, and later noted that EU member states needed to ensure unity by continuing to co-ordinate closely. The Foreign Secretary argued that the attacks by Russia on the Syrian opposition and civilians was unacceptable and would set back the prospect of a political solution. All member states agreed that support for the UN-led political process must continue, with the Foreign Secretary making clear that any process must involve a transition away from Assad, who could not be part of Syria’s future.

Migration

Over lunch the Council discussed the external aspects of migration, covering the Eastern Mediterranean, Western Balkans and the Central Mediterranean routes. There was broad support for increasing work on the upstream aspects of migration and for Turkey as a strategic partner.

EU / ACP relations post-Cotonou

Ms Mogherini and Johannes Hahn (Commissioner for European Neighbourhood Policy and Enlargement Negotiations) presented the joint consultation paper on EU/ACP relations post- Cotonou. Detailed discussion would formally begin at the Foreign Affairs Council (Development) on Monday 26 October. Ms Mogherini underlined that the post-Cotonou agenda also covered a range of non-development issues: Foreign Ministers would therefore return to the subject next year.

Ministers agreed without discussion a number of measures:

The Council approved the High Representative’s report on the twenty-first and twenty- second operation ALTHEA six-monthly review.

The Council adopted conclusions on Libya.

The Council adopted conclusions on Syria.

The Council adopted conclusions on migration.

The Council adopted conclusions on Bosnia and Herzegovina.

The Council adopted conclusions on South Sudan.

The Council authorised the European Commission and the High Representative to open negotiations on a new, legally binding and overarching agreement with Armenia and adopted a corresponding negotiating mandate.

The Council amended the agreement establishing the association between the EU and

Chile.

The Council decided to extend until the end of April 2016 the validity of an existing Council decision in support of the practical implementation of UN Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery.

The Council decided to continue the EUs support for the activities of the preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO).

The Council amended the restrictive measures in view of the situation in Syria.

The Council amended the statements of reasons for persons and groups subject to restrictive measures with a view to combating terrorism.

The Council approved a recast version of decision 2011/411/CFSP, which established the European Defence Agency, to improve the clarity of the legal text.

General Affairs Council

A provisional report of the meeting and conclusions adopted can be found at:

http://www.consilium.europa.eu/en/meetinas/aac/2015/10/13/

The General Affairs Council (GAC) on 13 October focused on preparation of the European Council on 15 October 2015, and the 2016 Commission work programme. Under Any Other Business, the GAC considered the inter-institutional agreement on better regulation and meeting in the margins of the Employment, Social Policy, Health and Consumer Affairs Council.

Preparation of the October European Council

The GAC prepared the agenda for the 15 October European Council, which the Prime Minister attended. The October European Council discussed migration, reviewed progress on economic and monetary union, and received an update on the UK’s renegotiation, including the state of play of technical talks and intentions for the process ahead. The European Council also considered external relations issues, including Libya, Syria, and Turkey.

On migration, I strongly supported the emphasis in the draft Council conclusions on a comprehensive approach to the issue. I also suggested we step up our engagement with Turkey.

2016 Commission work programme

The GAC took note of the Commission’s letter of intent for their 2016 work programme and the presidency’s draft response on behalf of member states. I welcomed the overall content of the letter of intent, and emphasised the need for continued ambition on completing the single market.

Inter-institutional agreement on better regulation (IIA)

The Luxembourg presidency updated the GAC on the IIA negotiations. Tripartite political talks between the presidency (representing the Council), the European Parliament and the Commission will continue in the coming months. I emphasised the important role of national parliaments in EU decision-making.

Meeting in the margins of the Employment, Social Policy, Health and Consumer Affairs Council

Denmark expressed concern about a recent meeting of Ministers from eurozone countries held in the margins of the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) on 5 October. I had signed a joint letter from non-eurozone member states to the president of the General Affairs Council expressing concern at the planned meeting. During the GAC, I repeated our concern that the meeting had gone ahead and emphasised the need for any further such discussion to include all member states. This position was supported by all non-eurozone members and some eurozone members.

[HCWS268]

Oral Answers to Questions

David Lidington Excerpts

Tuesday 20th October 2015 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

2. If the Government will invite a Minister of the Scottish Government to join the UK delegation to the Paris climate change conference in December 2015.

[The Minister for Europe (Mr David Lidington)]

Yes, my right hon. Friend the Secretary of State for Energy and Climate Change wrote to all three devolved Administrations last month to invite the relevant Ministers to join the UK delegation in Paris.

[Patrick Grady]

That is welcome news, as it will give the Scottish Government Minister a chance to speak about Scotland’s ambition to tackle climate change. Does the right hon. Gentleman agree that that is particularly important, given the criticisms that the UK Government are facing today from the United Nations environment programme, which has stated that their cuts to renewables are completely at odds with the pledges being made by 150 other countries ahead of the Paris summit?

[Mr Lidington]

I obviously welcome the participation of Scottish and other devolved Ministers in the UK delegation, but I really think that the hon. Gentleman should do a bit of homework and remind himself that the UK is well on track to achieve its emissions reduction targets by 2020, en route to the 80% reduction by 2050. And I am sorry that he did not even mention the Prime Minister’s commitment of a further nearly £6 billion in additional climate finance to help the poorest countries to adapt to the challenge of climate change.

[Andrew Rosindell (Romford) (Con)]

Does the Secretary of State agree that if the devolved Assemblies are being represented at the conference in Paris, the British overseas territories should also be given representation? They are not part of the British Isles and could therefore be affected by climate change in lots of ways. Surely they should also have a voice at this important conference.

[Mr Lidington]

The Foreign Office will, of course, be very much involved in the UK delegation at the Paris climate change conference, and every Foreign Office Minister always keeps the interests of the British overseas territories closely in mind. We know that my hon. Friend will always make sure that we continue to do so.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

At this rate, it will not matter who gets on the plane to Paris, because when they get there the UK will be a laughing stock as a result of this Government’s lack of commitment to tackling climate change. We are haemorrhaging jobs in the solar industry and in the insulation sector, and all because of a lack of Government policy. How can Foreign Office Ministers do their job if we are not taking the right action at home?

[Mr Lidington]

I am sorry that the hon. Gentleman did not revise his question after hearing my previous answer. I remind him that not only are we on track to meet the climate change targets we have set, but we are setting a lead by committing large sums of additional British taxpayers’ money to help the poorest countries adapt to climate change. This country is the world’s sixth largest green exporter, and the record is one of which we can be proud.

[Catherine West (Hornsey and Wood Green) (Lab)]

Perhaps the Minister would like to revise his answer, given that Al Gore has said:

“It is time for the UK government to honour and live up to that legacy, and return to its global leadership position, domestically and abroad, by supporting an ambitious international agreement in Paris”.

It appears the Prime Minister may have lost interest in the subject, and the solar industry is in crisis domestically.

[Mr Lidington]

First, may I welcome the hon. Lady to her new responsibilities on the Opposition Front Bench?

For the reasons I have already given, I think that this Government continue to have a good record on climate change, and my right hon. Friend the Prime Minister takes a very close interest in this in all the international discussions. This was a major item he discussed with President Hollande during the President’s recent visit to Chequers. We are very committed to helping the French Government to deliver an ambitious outcome at Paris which commits all countries to significant emissions reductions, and to targets binding in international law and help for the poorest countries, which will struggle most to make the change.

[Mr Laurence Robertson (Tewkesbury) (Con)]

3. What recent discussions he has had with the Government of India on outstanding payments due to British companies for work carried out during the 2010 Commonwealth games.

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[Kirsten Oswald (East Renfrewshire) (SNP)]

9. What support his Department is providing for refugees in camps along the Syria-Turkey border.

[The Minister for Europe (Mr David Lidington)]

We have pledged more than £1.1 billion for humanitarian relief in Syria and neighbouring countries. Roughly half of that sum goes towards helping people inside Syria, and the other half is provided to refugees in the neighbouring countries in the region.

[Kirsten Oswald]

Does the Minister agree that the Prime Minister’s commitment that the UK will take 1,000 refugees before Christmas—which equates roughly to two refugees per constituency—is simply not good enough and represents a missed opportunity to do the right thing?

[Mr Lidington]

No, I do not. The hon. Lady underestimates the important fact that we shall be offering a home to people who are among the most vulnerable and traumatised as a result of the conflict. We need to ensure that they are given a proper reception and the full package of support from the national health service and, in many cases, local authority social services. They have to be properly provided for.

[Kwasi Kwarteng (Spelthorne) (Con)]

Given the increased terrorist activity in Turkey, what assurances can the Minister give on the support the British Government are specifically giving Turkey with respect to the migrant question?

[Mr Lidington]

We have made it very clear to the Turkish Government that we stand with them in resisting terrorism. We have a history of good counter-terrorist co-operation with the Turkish authorities, and we have told Turkey that we are willing to explore how we can further strengthen that.

[Mr Graham Allen (Nottingham North) (Lab)]

10. What discussions he has had with his international counterparts on establishing an authoritative figure for the number of people killed in the second Gulf war and its aftermath; and if he will make a statement.

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[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

T3. Turkey is currently hosting 2.5 million refugees, including 2.2 million Syrians, and organisations based in Turkey are struggling to alleviate the rank poverty and conditions affecting those refugees. Does the Secretary of State agree that the UK should play its part in helping to co-ordinate a new response to take appropriate action to help those affected?

[The Minister for Europe (Mr David Lidington)]

Yes, I do. My right hon. Friend the Foreign Secretary and I raised that matter with our European counterparts, and we urged other countries to commit themselves to the levels of support that the United Kingdom has already led in providing.

[Neil Carmichael (Stroud) (Con)]

T5. Does the Foreign Secretary agree that the best way of bringing a long-term solution to the migration crisis is to work with our partners to ensure good governance and economic growth in the middle east?

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[Andrew Bridgen (North West Leicestershire) (Con)]

T7. Will the Minister update the House on progress on the issue of the letttori in Italy, following the recent Pontignano conference?

[Mr Lidington]

I discussed this issue in the margins of the Pontignano conference, and we continue to press Italian Ministers to take action to remedy this injustice that has persisted for far too long.

[Phil Wilson (Sedgefield) (Lab)]

Can the Minister guarantee that in the EU negotiations there will be no dilution of employment laws?

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[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

Vice is an online news service based in Shoreditch. Recently, three of its journalists were arrested in Turkey. Thanks partly to the intervention of the Foreign Office, the two British citizens were released from jail, but Mohammed Rasool, an Iraqi citizen, is still in jail 50 days later. Will the Foreign Secretary undertake to take this matter up with the Turkish Government, and, generally, the press freedom needed in that country?

[Mr Lidington]

We do, as the hon. Lady knows, regularly discuss with Turkish Ministers concerns about human rights, including freedom of the press. She will also know that we, like other countries, do not lobby on behalf of citizens who are nationals of other states. It is for their Governments to take the lead in doing that.

[Sir Alan Duncan (Rutland and Melton) (Con)]

We have today seen the well-worn exchange of differing opinions on Israel and Palestine. Whatever the tit-for-tat arguments might be, does the Foreign Secretary accept that the fundamental moral principle beneath all this is that Israel’s annexation of its neighbours’ land through settlement building is illegal, and that there is no place, either in this argument or in this House, for those who will not publicly admit to that principle?

[Ms Margaret Ritchie (South Down) (SDLP)]

As part of ongoing discussions and negotiations with the European Commission, will the Foreign Secretary and the Secretary of State for Environment, Food and Rural Affairs ensure that the European maritime and fisheries fund is approved as quickly as possible in order to underpin fishing communities throughout the UK?

[Mr Lidington]

I know how important this issue is to the hon. Lady’s constituents, and I shall make sure I discuss it with my opposite number in the Department for Environment, Food and Rural Affairs so that we can continue to make those representations.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Given the momentum for Turkish accession to the EU, will the Foreign Secretary confirm that the reunification of Cyprus will be a significant condition? Amid all the other challenges, this one is surmountable, given the increasing confidence and wider benefits, not just for Cyprus but for the wider region.

Gibraltar and Spain

David Lidington Excerpts

Wednesday 14th October 2015 Westminster Hall

[The Minister for Europe (Mr David Lidington)]

As always, it is a pleasure to serve under your chairmanship, Mr Betts. I congratulate my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) on securing this debate and on his introductory remarks. As the right hon. Member for Wolverhampton South East (Mr McFadden) said, it is appropriate that we should be talking about Gibraltar in the same week that we have celebrated Gibraltar day in London. My hon. Friend the Member for Filton and Bradley Stoke and I joined Members of both Houses from a range of political parties, and a couple of thousand other people, at the Guildhall on Monday night to see the Chief Minister and to demonstrate our continuing support for Gibraltar and for the wish of the people of Gibraltar to remain under the sovereignty of the United Kingdom.

I thank those who have taken part in this debate: the hon. Members for Strangford (Jim Shannon), for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) and for Na h-Eileanan an Iar (Mr MacNeil) and my hon. Friend the Member for Bromley and Chislehurst (Robert Neill). We have learned today of a family relationship across party lines, which came as a revelation to a number of us. I congratulate the right hon. Member for Wolverhampton South East on his reappointment to the Opposition foreign affairs team. I confess that I was glad to hear the news. I was slightly surprised, but I suspect my surprise was a lot less than his. I welcome his reappointment.

[Bob Stewart (Beckenham) (Con)]

I intercede only to say that the families of my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) and I have both known the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) for several centuries, and we have known him as a traitorous little chap.

[Mr Lidington]

We have had to relearn the lesson this morning that clan feuds can run deep.

[Mr MacNeil]

The hon. Member for Beckenham (Bob Stewart) tempts me to quote William Wallace: “I cannot be a traitor to another’s king.”

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[Mr Lidington]

I had better move on to the subject of the debate. Although I want to concentrate on the border, the naval incursions and the economy of Gibraltar, which have been the mainstay of today’s speeches, I will first try to respond to a couple of other points that have been raised. I was asked about Gibraltar and the EU negotiations. As all Members will know, the Government have included the people of Gibraltar in the franchise for the proposed referendum on our membership of the European Union. The European Union Referendum Bill received its Second Reading in the House of Lords yesterday. Members are right to emphasise the importance of the United Kingdom Government’s consulting Gibraltar very closely on the negotiations to ensure that we take Gibraltar’s interests fully into account. I formally wrote to the Chief Minister at the start of the negotiations following the Government’s election in May—[Interruption.]

[Christian Matheson (City of Chester) (Lab)]

I apologise for arriving late. I will give the Minister a moment to catch his breath. I was also at the Guildhall celebration to which he referred. Does he feel that there is a new sense of confidence not just from the Chief Minister but from all Gibraltarians about their prospects for the future, which is clouded by their relations with Spain? I hope I have given the Minister a chance to find his voice.

[Mr Lidington]

I am grateful to the hon. Gentleman. I feel that on Monday night there was a real sense of economic optimism about Gibraltar’s future, based both on the economic success that Gibraltar has achieved and on the way in which Gibraltar has organised itself—I will return to this in more detail—so as to meet global standards, particularly in the provision of financial services, which match the best in the world.

Before the intervention, I was saying that I wrote to the Chief Minister of Gibraltar after the Government’s election in May to tell him that we were about to embark on the European negotiations and that he should let the Foreign Secretary and me know at any time of any matter in the process that is of concern to Gibraltar. Since then, there have been regular contacts at official level between the United Kingdom Government and the Government of Gibraltar, as well as conversations at ministerial level. I last discussed EU matters with the Chief Minister in Manchester last week. The Government will hold to that commitment.

I was also asked about the Government’s attitude towards Spanish hospitality to Russian warships in its Moroccan exclave of Ceuta. The fact is that that is ultimately a matter for the Spanish Government to decide. I find it extraordinary that such hospitality should be shown at a time when Russia is not only engaged in a campaign of aggression and destabilisation in Ukraine but has acted in a way that threatens the security of a number of our EU and NATO allies, particularly the Baltic states, but this is ultimately a matter for Spanish Ministers to consider.

The UK has promised to protect the right of the people of Gibraltar to determine their own political future. We stand by our assurance never to enter into arrangements in which the people of Gibraltar would pass under the sovereignty of another state against their wishes, and we will never enter into a process of sovereignty negotiations with which Gibraltar is not content. I want there to be no misunderstanding of our position: Gibraltarians will be British for as long as they wish to remain so. We regard Gibraltar as including the isthmus and British Gibraltar territorial waters, as well as the Rock itself.

[Jack Lopresti]

Going back to security and NATO in particular, given that the Spanish are inhibiting NATO naval craft and aircraft from going to Spanish ports and overflying Spain, and the added dimension of their help to the Russians, can we do anything in the NATO Parliamentary Assembly or use Spain’s membership of NATO to put pressure on them? As the Minister says, the way that if behaves is astonishing.

[Mr Lidington]

We make representations about Spain imposing restrictions of the type that one should not expect of a NATO ally. In most respects and over most policy areas, we have a very constructive and co-operative relationship. I do not think that the Government raising such matters in a formal NATO setting will help. In the meetings of the North Atlantic Council and the like, the emphasis will be on what we need to do jointly in the challenges to the collective security of NATO members. We have not forgotten about the issue. We shall continue to press for changes. I can assure my hon. Friend that the armed forces have advised Ministers that although the Spanish restrictions are irksome, they do not adversely affect the military capacity or preparedness of the UK or of NATO collectively.

I want to focus on exactly how the UK Government works with and for the people of Gibraltar. When I last spoke in the House on the subject of Gibraltar, in January, Spain had only just started work on improving the infrastructure on its side of the border with Gibraltar. Those improvements were demanded by the European Commission, whose officials had visited twice to survey the situation at the border. Those visits were themselves a direct result of sustained and targeted lobbying by the UK, including by the Prime Minister, who raised the issue directly with the then President of the European Commission, José Manuel Barroso. Our lobbying, in close partnership with the Government of Gibraltar, is now paying off. Spain has completed the work at the border. I am pleased to say that delays have now dropped to levels comparable to those before the summer of 2013.

I understand that the Commission plans to visit again later this month. Obviously, we will continue to monitor the situation at the border closely, and we will not hesitate to raise our concerns again with Spain and the Commission if we see any further politically motivated tactics to create delays. As the right hon. Member for Wolverhampton South East and other hon. Members pointed out, one should expect passport checks and other proportionate checks at the Spain-Gibraltar border, but those should be no more and no less burdensome than the kind of checks that would be carried out on any other non-Schengen European border.

In turning to incursions, I pay tribute to the vigilance and sheer hard work of the Royal Navy Gibraltar Squadron, whom I visited on my last trip to Gibraltar, and the Royal Gibraltar Police and customs service, who ensure that the law is upheld in British Gibraltar territorial waters.

[Bob Stewart]

When the Minister visited the Royal Navy Gibraltar Squadron, did he look at the patrol vessels? They came from Lough Foyle and they are old, small and not powerful enough to deal with the strait of Gibraltar. The Foreign Office might consider advising the Ministry of Defence to up-gun our patrol vessels.

[Mr Lidington]

I not only had a chance to look at the vessels, but went out on patrol with one of those vessels, to see for myself the conditions that the Royal Navy experience.

We make a formal protest against every unlawful incursion by Spanish state vessels. The level at which that protest is made depends upon the seriousness of the incursion, which itself depends on, for example, how long the incursion takes and how deliberately ostentatious the incursion is. Some of the incidents that have been cited in the debate today are ones that we certainly regard as very serious indeed. The majority of incursions are subject to a protest by note verbale. We will sometimes take up the protest at senior official level and sometimes directly with our Spanish opposite numbers at ministerial level; it depends on the nature of the incident.

We treat the summons of the Spanish ambassador—indeed the summons of any ambassador—as a serious step. Other countries have a different practice and regard a summons to an ambassador as a routine measure. As was pointed out earlier, the Spanish ambassador has been summoned at a rate matched only by the ambassadors of Syria and of North Korea during the lifetime of the present Government and the coalition Government. I do not want to devalue the political and diplomatic weight attached to a formal summons by making the practice more general. The jet ski shooting incident on 24 June 2013 was raised immediately by me at ministerial level with my Spanish opposite number and raised subsequently by the Prime Minister with Prime Minister Rajoy less than a week after the incident had taken place. We take such events very seriously indeed and respond at the appropriately senior level.

This summer, there were several serious unlawful incursions by Spanish state vessels and aircraft. Those included a Spanish customs officer firing near a recreational fishing vessel, Spanish customs helicopters entering British Gibraltar territorial airspace and dangerous manoeuvring by Spanish state vessels on a number of occasions, which put at risk the safety of both UK and Spanish personnel. While any incursion is a violation of sovereignty, incursions do not threaten or weaken the legal basis of British sovereignty in Gibraltar or British Gibraltar territorial waters. However, such behaviour by Spanish state vessels is unacceptable. On each occasion, we have raised it immediately with the Spanish authorities. They have since reassured us that the safety of lives at sea is a top priority for all concerned and that their law enforcement agencies will operate with respect for that principle in future.

My hon. and right hon. Friends at the Ministry of Defence keep under constant review both the number and type of vessels available in Gibraltar. The nature of our assets in Gibraltar is subject to regular reassessment by the MOD, and that process of reassessment and review will continue.

My hon. Friend the Member for Filton and Bradley Stoke asked about the number of incursions. I will write to him with the exact number so far in 2015. However, I will try to give him and the House some idea of the pattern. In 2013, there was an average of 40.5 incursions a month; in 2014, the monthly average was 32.3; and by the end of August this year, which is the most recent period for which I have figures, the monthly average for this year was 37.4. That gives some idea of the number of incursions and, as I said earlier, the incursions vary in seriousness.

I am afraid that I cannot help the House on the question of the rules of engagement. For reasons that I am sure the House will understand, the Government follow a policy of not discussing in public the rules of engagement for our military, and I do not propose to depart from that principle today. It is not a policy that is specific to Gibraltar; we apply it across the board.

Spain has now agreed to our proposal of 28 August to step up law enforcement co-operation to fight against organised crime. We worked in close consultation with the Government of Gibraltar to achieve this agreement and all three Governments—Spain, Gibraltar and the UK—have an interest in tackling criminal activity in this area of the Mediterranean, and we all know that the agreement will be truly effective only if we can work together. Although the unacceptable incursions have continued, it is also a fact that, at the same time, there have been occasions in recent months when Gibraltarian and Spanish authorities have worked together to bring criminals to justice, and I warmly welcome that.

To give one example to the House, on 10 September a co-ordinated operation between the Guardia Civil and the Royal Gibraltar Police resulted in the arrest of suspected drug smugglers. We want to see more practical co-operation of that type, and I know that the Chief Minister of Gibraltar is very keen indeed that that kind of co-operation should be strengthened.

We will continue to press Spain to ensure that it honours its agreements, both to respect safety at sea and to work with us against organised crime, and I did that most recently on 12 September, when I met the new Spanish Minister for Europe, Fernando Eguidazu.

It would be remiss of me to let this debate pass without my saying something about aviation, because, as the House will know, there has been a long-running battle at EU level about whether Gibraltar should be included in EU aviation legislation. It is the Government’s view that the treaties of the EU are absolutely clear that, for the purposes of aviation policy, Gibraltar and Gibraltar airport are part of the EU. Therefore, it would not only be a political move but a breach of the European treaties themselves if there were to be any measure that purported to exclude Gibraltar from the ambit of such legislation. We will continue to oppose any further attempts by Spain to have Gibraltar excluded from EU aviation legislation. In the past 12 months, we have seen such attempts repeatedly, and they have all failed. We have delivered a very clear message that the treaties require that aviation measures must be applied to Gibraltar, and we shall continue to lobby both the Transport Commissioner and other EU member states to try to ensure that that principle is upheld.

A number of speeches today mentioned Gibraltar’s economic success. Frankly, I think that Gibraltar’s vitality and its determination to create economic success are the envy of the region. The Campo is an area of Spain that tragically suffers from very high unemployment and, as a number of hon. Members have pointed out, something like 30,000 Spanish citizens work in Gibraltar. Spain already benefits hugely from both enhanced economic co-operation with Gibraltar and the success of the Gibraltarian economy, and it could benefit even more.

[Kevin Foster]

The Minister has just hit on a key point about the deprived nature of the area surrounding Gibraltar. It is actually Gibraltar’s economy that gives hope to many thousands of Spaniards who are welcome to go and work in Gibraltar, and it is those Spaniards who will be the most affected if the Spanish Government carry on with their policies.

[Mr Lidington]

My hon. Friend is absolutely right. One of the tragedies of the Spanish Government’s approach to Gibraltar is that it ends up denying economic opportunities and the possibility of jobs to more people in Spain who are currently out of work. I still hope that there will be a change of such policy.

It is also wrong for Spain to continue to level accusations at Gibraltar about its tax regime. Spain does so despite the fact that Gibraltar has received the same OECD rating on tax as Germany, the United States and the United Kingdom. Furthermore, Gibraltar has already achieved exchange of tax information relationships with more than 75 other jurisdictions, including—paradoxically —the Kingdom of Spain itself.

Our Government have worked closely with the Government of Gibraltar to push for the removal of Gibraltar from the few outdated tax blacklists on which the territory still appears. Together, we have successfully managed to get Gibraltar removed from lists in Italy, Bulgaria and other countries, and we will continue that work apace.

Of course, a better relationship would also be in Spain’s interests, as I have already said. Towards that end, it remains our aim and the aim of the Government of Gibraltar to return to the trilateral forum for dialogue between the United Kingdom, Spain and Gibraltar. However, the reality is that the current Spanish Government chose to withdraw from that forum. As a result, and with the agreement of the Chief Minister of Gibraltar, we have been talking to the Spanish Government, as well as to the Gibraltar Government, to agree a process of ad hoc talks that would enable practical discussions to take place about issues that matter in the locality. I am hopeful that we will be able to hold such talks in the near future.

I am sure that the House knows that the Government recently announced the appointment of the next Governor and Commander-in-Chief of Gibraltar, and I am sure that everyone here will join me in congratulating Lieutenant General Edward Davis on his next assignment. I know that his appointment will be widely welcomed in the House.

Last month, Gibraltarians marked the 48th year since the referendum to remain under British sovereignty. Last month was also the 75th anniversary of the evacuation of Gibraltar, which was a reminder of the sacrifice that so many ordinary families in Gibraltar made when they stood alongside the United Kingdom at the time of great peril during the second world war. As I said in the Guildhall on Monday, the bonds between the United Kingdom and Gibraltar are strong. We share a long and proud history—more than 300 years’ worth—and our relationship is based upon the enduring values of democracy and the rule of law, to which both the United Kingdom and Gibraltar are committed. It is a relationship that has stood the test of time and I believe that it will continue to withstand the challenges that face it today.

Question put and agreed to.

Resolved,

That this House has considered Gibraltar and relations with Spain.

Informal Meeting of EU Foreign Ministers (Gymnich)

David Lidington Excerpts

Monday 12th October 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

I attended the informal Foreign Ministers meeting on 4-5 September in Luxembourg.

The informal format of the Gymnich allows EU Foreign Ministers to engage in a free-ranging discussion on a number of issues. In contrast to the formal Foreign Affairs Council (FAC), Ministers do not agree written conclusions. The next FAC is due to be held on 12 October. The Gymnich was chaired by the High Representative of the European Union for Foreign Affairs and Security Policy, Federica Mogherini. Discussion centred on the Middle East Peace Process, Russia/Eastern Partnership and the migration crisis. As the discussion on migration overran significantly, Ms Mogherini decided to postpone the final discussion on Iran.

Johannes Hahn, Commissioner for European Neighbourhood Policy and Enlargement Negotiations also attended. Fernando Gentilini, EU Special Representative for the Middle East Peace Process, took part in the discussion on the Middle East Peace Process. Elmar Brok MEP, Chairman of the European Parliament’s Committee on Foreign Affairs attended the discussion on Russia/Eastern Partnership. Foreign Ministers from EU Candidate Countries joined EU Ministers for a session on migration.

Gymnich discussion

Middle East Peace Process

Ms Mogherini used her opening remarks at the Gymnich to announce a meeting of the Quartet with key Arab countries in the margins of the United Nations General Assembly. Her statement can be found at http://eeas.europa.eu/statements-eeas/2015/150904_01_en.htm

Ms Mogherini provided a sobering analysis of the situation on the ground including the fact that the humanitarian situation in Gaza remained dire.

I agreed with Ms Mogherini’s priorities for Gaza (access and port) and added power supply as a third priority. I also echoed other speakers in calling for the implementation of existing EU legislation applicable to settlement products.

Russia / Eastern Partners

There was general agreement that Ukraine needed continued EU support as the winter approached both in terms of security and continued reform. There was universal condemnation of Russia’s role in eastern Ukraine. There was however recognition of the constructive role Russia can play in international security issues, as it did in the Iran nuclear talks.

Ms Mogherini recalled that the Eastern Partnership was not just about Ukraine and highlighted the differentiated engagement needed with Moldova, Georgia, Belarus, Armenia and Azerbaijan.

Migration

The external aspects of the migration crisis were discussed in detail. The common view among member states was that this was the single biggest challenge facing the Union. There was recognition of the heavy burden currently being carried by some of the candidate countries, in particular Turkey. It was agreed that more work was needed on readmissions and returns. There was broad support for setting up ‘hotspots’, both inside and outside EU territory, to bring together EU institutions involved to deliver an integrated service in managing migrants.

A number of Ministers pointed to the need to address the factors prompting migrants to leave their homes, and increase the incentives for them to stay close to their source countries. We also needed to address the people-smuggling networks. Otherwise, there was a risk that the flow of migrants and refugees into the EU would increase to unmanageable levels. The Valletta Conference in November would provide an opportunity to develop such a strategy with African partners. There was discussion of a second possible international conference focusing on the Eastern Mediterranean/Western Balkans route.

Ms Mogherini concluded that all aspects of a comprehensive migration strategy needed to be pursued.

[HCWS219]

General Affairs Council

David Lidington Excerpts

Thursday 10th September 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

I will attend the EU General Affairs Council (GAC) on 14 September. The Council will be held in Brussels and be chaired by the Luxembourg presidency.

The GAC is expected to focus on: the Luxembourg presidency Work programme; preparation of the agenda for the European Council on 15 and 16 October 2015; and the 2016 Commission Work programme.

Luxembourg presidency Work programme

The GAC will discuss the Luxembourg presidency Work programme. Luxembourg has set out seven “pillars” for its presidency: stimulating investment to boost growth and employment; deepening the European Union's social dimension; managing migration, combining freedom, justice and security; revitalising the single market by focusing on its digital dimension; placing European competitiveness in a global and transparent framework; promoting sustainable development; and strengthening the European Union’s presence on the global stage.

The UK shares many of the priorities of the Luxembourg presidency, particularly those based around supporting growth and European competitiveness.

Preparation of the October European Council

The GAC will prepare the agenda for the 15 and 16 October European Council, which the Prime Minister will attend. The draft October European Council agenda covers: migration; economic and monetary union; and an update on the UK’s EU renegotiation, including the state of play of technical talks and intentions for the process ahead. The European Council may also consider external relations issues.

2016 Commission Work programme

GAC Ministers will hold an exchange of views on the Commission’s letter of intent for their 2016 Work programme.

[HCWS185]

European Union Referendum Bill

David Lidington Excerpts

Monday 7th September 2015 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Manuscript amendment (a) to Government new clause 10, after subsection 5 insert—

‘(5A) Any regulations under subsection (2) must be made not less than four months before the date of the referendum.’.

The purpose of the amendment is to ensure that the “purdah” arrangements that govern ministerial and official announcements, visits and publicity are made at least four months before the date of the referendum.

New clause 5—Restriction on publication etc. of promotional material by central and local government etc.—

‘(1) This section applies to any material which—

(a) provides general information about the referendum;

(b) deals with any of the issues raised by the question on which the referendum is being held;

(c) puts any arguments for or against the proposition that the United Kingdom should remain a member of the European Union; or

(d) is designed to encourage voting at the referendum.

(2) Subject to subsection (3), no material to which this section applies shall be published during the relevant period by or on behalf of—

(a) any Minister of the Crown, government department or local authority; or

(b) any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority.

(3) Subsection (2) does not apply to—

(a) material made available to persons in response to specific requests for information or to persons specifically seeking access to it;

(b) anything done by or on behalf of the Electoral Commission or a person or body designated under section 108 (designation of organisations to whom assistance is available) of the 2000 Act;

(c) the publication of information relating to the holding of the poll; or

(d) the issue of press notices;

and subsection (2)(b) shall not be taken as applying to the British Broadcasting Corporation or Sianel Pedwar Cymru.

(4) In this section—

(a) publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means (and “publication” shall be construed accordingly);

(b) “the relevant period”, in relation to the referendum, means the period of 28 days ending with the date of the poll.’.

This new clause replicates section 125 of the Political Parties, Elections and Referendums Act 2000, and applies it directly to the EU Referendum. It is supplemented by New Clause 6 on Exemptions to prohibition on publication of promotional material by central and local government etc. (No.2). Amendment 4 removes from the Bill the disapplication of section 125 of the 2000 Act.

New clause 6—Exemptions to prohibition on publication of promotional material by central and local government etc. (No. 2)—

‘(1) For the purposes of the referendum the Secretary of State may, by regulations, specify materials that he or she intends or expects to publish in the relevant period to be exempted from the prohibitions on the publication of materials under section (Restriction on publication etc. of promotional material by central and local government etc.).

(2) Any materials listed in regulations made under this section will not be subject to the prohibitions on publication under section 125 of the 2000 Act.

(3) In this section “the relevant period”, in relation to the referendum, means the period of 28 days ending with the date of the poll.’.

This gender-neutral new clause permits the Government to specify material that they intend or expect to publish in the “purdah” period for the referendum that would be exempted from the prohibition on publication of promotional material contained in section 125 of the Political Parties, Elections and Referendums Act 2000, which Amendment 4 would apply to the EU Referendum. The material would have to be specified in regulations exercisable by statutory instrument, which under clause 6 of this bill must be laid before and approved by a resolution of each House of Parliament.

Amendment (a) to new clause 6, at end add—

‘(4) Before laying any regulations under subsection (1) the Government shall seek the advice of the Electoral Commission on the subject of the proposed regulation.

(5) Any advice given by the Electoral Commission under this section shall be published by the time the regulation is laid.

(6) Any regulations under subsection (1) must be made not less than four months before the date of the referendum.’.

The Electoral Commission gives advice to the Government about proposed referendums. The proposed subsections (4) and (5) would reinforce this role in respect of regulations made under this section. Subsection (6) sets a time limit to ensure stable “purdah” arrangements are in place in advance of the start of referendum campaign.

Amendment 11, in clause 10, page 5, line 28, at end insert—

‘(1A) (a) Section 1 will come into effect after a resolution has been passed by both Houses approving arrangements for a purdah period covering a period of five weeks before the referendum date.

(b) arrangements for a purdah period will include—

(i) restrictions on material that can be published by the government, public bodies and the EU institutions; and

(ii) measures to determine breaches of purdah and penalties for such a breach.’

The referendum provision of the Bill could only come into effect after arrangements for purdah had been approved by both Houses of Parliament.

Government amendment 53.

Amendment 78, in schedule 1, page 19, line 23, leave out paragraph 26 and insert—

‘26 (1) Section 125 of the 2000 Act (restriction of publication etc of promotional material by central and local government etc) applies in relation to the referendum during the referendum period with the following modification.

(2) Section 125 (2) (a) of the 2000 Act has effect for the purposes of the referendum as if, after “Crown”, there were inserted “including ministers in the Scottish Government, the Welsh Government, the Northern Ireland Executive and Her Majesty‘s Government of Gibraltar”.’

The purpose of the amendment is to apply the “purdah” arrangements that govern ministerial and official announcements, visits and publicity during general elections to the campaign period before the referendum.

Amendment 4, page 19, line 23, leave out paragraph 26.

The purpose of the amendment is to apply the “purdah” arrangements that govern ministerial and official announcements, visits and publicity during general elections to the campaign period before the referendum. The amendment should be read in conjunction with New Clause 5 (Restriction on publication etc of promotional material by central and local government etc) and New Clause 6 (Exemptions to prohibition on publication of promotional material by central and local government etc (No.2)).

[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.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

Will my right hon. Friend give way?

[Sir William Cash (Stone) (Con)]

rose—

[Mr Lidington]

If I may finish this point, I will then give way.

In addition, those areas of Government activity that are permitted by Parliament will be subject to guidance from the Prime Minister to Ministers and from the Cabinet Secretary to civil servants based on the purdah guidance issued before previous referendum campaigns. The Cabinet Secretary said in evidence to the Public Administration and Constitutional Affairs Committee that civil servants would not under any circumstances be permitted to support Ministers in doing things that Ministers were prohibited by statute from taking part in.

[Mrs Gillan]

Why is it necessary for the Government to make any amendment to section 125? The Electoral Commission has carried out statutory reviews of the referendums since 2004 and has not identified any significant concerns from the Government or any other party about the application of section 125. Why are the Government changing the playing field and insisting on modifications to something that has worked well and that they have used in the past?

[Mr Lidington]

We are bringing forward limited exemptions from section 125 because we believe—we have received firm legal advice on this—that if left completely unamended, it would pose genuine difficulties. I will go on to speak in some detail about this matter to respond to the concerns that my right hon. Friend and other colleagues have expressed. Before doing so, I give way to my hon. Friend the Member for Stone (Sir William Cash).

[Sir William Cash]

Of course my right hon. Friend has received legal advice, but legal advice can cut both ways. Indeed, Speaker’s Counsel has made it clear that he does not think there is much of a problem in respect of the issues the Minister has just been describing. Not only have the Electoral Commission and Speaker’s Counsel been clear on these points, but if regulations are introduced, they will come in by way of the affirmative procedure after the Bill has been enacted and there will be no opportunity to amend them, because regulations, being statutory instruments, can only be accepted or rejected in their entirety. Does my right hon. Friend not agree?

[Mr Lidington]

In answer to my hon. Friend’s last point, if the House is dissatisfied with any regulation that the Government put before Parliament, it can reject the statutory instrument. In that case, the default position under the package that I am proposing to the House would be to revert to section 125 without the exemptions being made by regulation. There is, therefore, the safeguard that Parliament will have the final say.

I hope that my hon. Friend will listen when I address the concerns in more detail, but I say to him first that I have been present at a number of debates in the House when he has said that a legal opinion that he has received is of weight and importance. I think that the Government are entitled to take seriously the arguments that Treasury counsel have put to them.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

I realise that I should not be interrupting the flow of people to whom the Government are only too anxious to make any concession that is demanded and who are obviously quite clear about what result they want from the referendum—indeed, they are rather more concerned about the result than the process—but will the Minister confirm that, whatever further concessions he is now making, it will still be possible for Ministers to give a clear and authoritative opinion on whether, according to the constitutional Government of the country, it is in the best interests of the United Kingdom in respect of its political future in the world and its economic prospects to be in or out of the European Union, and that little things like being allowed to take advice on the factual accuracy of what they are saying on behalf—

--- Later in debate ---

[Mr Lidington]

The answer to my right hon. and learned Friend’s question is that the Government will, of course, express their view very clearly at the conclusion of the negotiations and make their recommendation to the country, giving their reasons for so doing. One aspect of the debate about which we have concerns is how the Government, who will have called the referendum and made a recommendation to the British people, should be able to express their view and answer questions in the final four weeks, as he described. The debate about so-called purdah and section 125 relates specifically to the final 28 days of the campaign.

[Mrs Anne Main (St Albans) (Con)]

Will my right hon. Friend comment briefly on the comments that were sent out at just gone half-past 12 today by Michael Carpenter, the Speaker’s Counsel, in which he said:

“I commented about all this in my earlier note to the Committee. Mr Lidington seems simply to repeat the unsound arguments advanced before.”

For those of us who have concerns, that is a very worrying statement from such learned counsel.

[Mr Lidington]

If my hon. Friend had received the legal advice that I have had, she might take a rather different view.

Many hon. Members have said that the purdah rules that apply during elections have worked well and I agree. Of course, those rules are based entirely on guidance and convention. They allow for common sense and involve no legal risk. Section 125 of the 2000 Act is very different, since it is a statutory restriction. Given that the EU referendum debate will, I think we would all accept, involve people on both sides of the argument with deep personal pockets and passionate views on the subject, the risk of legal challenges during the campaign is real. The Government are seeking, through the amendments, to manage that legal risk.

[Sir Edward Leigh (Gainsborough) (Con)]

With respect, I think that this is legalistic claptrap. I do not remember the Prime Minister being particularly constrained in arguing his case during the general election. What is important is that the process is considered to be fair. Why can we not just cut to the chase and accept amendment 4, which was tabled by the Opposition, under which we would have full purdah and do what we do in general elections, so that everybody thinks it is fair?

[Mr Lidington]

As I have just said to the House, what the Government can and cannot do in general elections is governed by guidance and convention, and not by statute, which brings the risk that a dispute could end up before the courts. The situation as regards the EU referendum is different, because there is law on the statute book, dating from 2000, so discretion and common sense cannot be applied in the way that is possible during elections, when we rely on guidance.

On amendment 53, we believe that section 125, as drafted in the 2000 Act, would create legal risk and uncertainty in what I might describe as ongoing normal EU business during the final weeks before the referendum. One of the problems with the original subsection 1(b) is the breadth of the wording that describes and defines the material that would be caught. It imposes a very wide-ranging prohibition on Government activity. It bans public bodies and persons

“whose expenses are defrayed wholly or mainly out of public funds”

from publishing material that

“deals with any of the issues raised by”

the referendum question.

Unlike the recent cases of the Scottish or alternative vote referendums, the subject matter of the EU referendum cannot simply be avoided in Government communications during the last 28 days. The subject of EU membership is broad. A Government statement in Brussels on an EU issue under negotiation could be said to be dealing with an issue raised by the question of our membership, and therefore be caught by the restrictions in section 125. Let me provide an example.

There are ongoing negotiations between the EU and the United States on the Transatlantic Trade and Investment Partnership. It is perfectly conceivable that, at some stage during the last month of our referendum campaign, those negotiations could reach a stage at which there would be a discussion between the institutions of the EU and member states of the EU. The British Government would have a view on the right outcome and might want to circulate papers to lobby, using the sort of materials that would be captured by the section 125 definition of publication. If the section remains unamended, my concern is that there is a risk that that will be challenged in court, because it could be said to be raised by the referendum campaign. It is certainly conceivable that one or other or both of the campaign organisations could pray in aid that particular issue as indicating why we should or should not remain a member of the EU. Once that happened, it would certainly be classed as raised by the referendum campaign.

[Mr Peter Bone (Wellingborough) (Con)]

I am grateful to the Minister for giving way. He is, as usual, helpful in explaining his case. In reality, however, if that situation arose the discussions would not happen in the 28 days when this country was making up its mind whether it wanted to be part of the European Union. That just would not happen. The EU is very good at putting things off and the idea that that example is a reason for changing the law is fanciful.

[Mr Lidington]

My hon. Friend does not understand the extent to which we simply do not know. One member state can control the timing of items on the agenda. The timing depends on which particular illustration one is looking at, but the country holding the rotating presidency of the European Union will decide which items of business appear on the agenda of Council and COREPER meetings. The Commission will decide when to publish new proposals for, or amendments to, legislation. The European Parliament is a law unto itself. Its sessions will continue during our referendum campaign and the British Government are likely to want to circulate published material, under the terms of the 2000 Act, to try to influence decisions of MEPs in a way that favours our national interest.

[Alex Salmond (Gordon) (SNP)]

Can I just get this right? The Minister’s case is that some nefarious other Government will seize the opportunity of the 28-day period to rush something through the European Union. If so, that will be the fastest bout of decision-making in the EU’s history!

[Mr Lidington]

I am saying that the European Union is a constant process of negotiation on a whole range of issues involving Ministers and officials from many different Departments. In the course of that work to champion our national interests, Ministers and their officials have to produce materials that I believe could be classed, under section 125, as published material and material the content of which would deal with an issue raised by the referendum question. As well as covering a wide range of content, the 2000 Act gives a very broad definition of the term “publish”. It defines it as making it

“available to the public at large, or any section of the public, in whatever form and by whatever means”.

That would therefore cover printed material and electronic communications.

[Philip Davies (Shipley) (Con)]

Will the Minister give way?

[Mr Lidington]

Yes, I will, but I am conscious that other Members want to speak.

[Philip Davies]

May I give the Minister an example of what I fear? What I envisage is if, two weeks before the date of the referendum, the leave campaign is 10 points ahead in the poll—I hope it will be further ahead, but for argument’s sake let us just say it will be 10 points ahead—I am not sure that the Minister’s amendment will deal with the prospect of the Government, the European Commission and the German Chancellor all in a mad panic, like the clumsy intervention in the Scottish vow, standing up and saying, “We hear what you are saying and if you vote to stay in we promise to address some of these issues.” Will the Minister give a commitment now that the Government will not engage in that kind of activity?

[Mr Lidington]

What my hon. Friend describes would not be permitted under the amendment.

Let me give some examples of the types of business I believe would be caught under section 125. We often table minute statements during Council meetings, for example to set out the UK position on the limits of powers conferred on the EU under the treaty. They are an important point of reference to have on the record, and we make them public and publish them. We circulate papers to other Governments and to the institutions to advocate particular policy outcomes. We did that with some success recently in relation to the digital single market. If appropriate, we would want to do that with other EU business if it happened to fall within the final 28 days of the campaign.

[Sir Edward Leigh]

As a Minister I sat on Telecommunication Councils and it is incredibly detailed stuff. Surely we could wait 28 days to publish such material. That would be perfectly possible. I do not know what hack in the Foreign Office is writing the Minister’s speech, but the reality is that it just does not add up.

[Mr Lidington]

If a decision to attempt to reach a consensus at Council happens to be timed to fall within those 28 days—I do not think we can assume that all EU business is going to stop for the last 28 days of our campaign—then of course, in those circumstances, the Government would want to make representations, including circulating the type of paper I have described. European Court of Justice judgments are handed down and advocates-general opinions are presented in a timetable that is not within our gift or influence. Again, the Government not only often wish to comment on such matters but to guide British business and other interest groups on what those judgments or recommendations actually mean. For example, had the recent case on European Central Bank clearances gone against us, there would have been an extremely urgent need to write to notify City institutions on the implications of that judgment for them, to avoid a risk of instability in the markets.

[Stephen Gethins (North East Fife) (SNP)]

To clarify a point the Minister made earlier, can he assure the House that under his proposals we will not, in the run-up to the referendum, see something like the vow that came out just before the Scottish independence referendum? Will he rule out that kind of thing?

[Mr Lidington]

From memory, I think the vow was a commitment by party leaders acting in a party political capacity, so that is a completely different issue.

[Mr Steve Baker (Wycombe) (Con)]

My right hon. Friend’s amendment 53 changes the scope of the subjects within purdah. I have listened carefully to his remarks, and he has explained very articulately the functions that might need to be carried out, but instead of moving amendment 53, could he not accept amendment 4, go back to normal purdah and introduce in statutory instruments exemptions relating to functions rather than subjects?

[Mr Lidington]

I will come to the detail of our proposal, because in doing so I hope to answer my hon. Friend’s points.

[Mr Kenneth Clarke]

rose—

[Mr Lidington]

I give way to my right hon. and learned Friend.

[Mr Clarke]

My right hon. Friend is so desperate to give way to everything put to him, I do not think I am his friend at all. In my opinion, he has already given away far too much. I quite understand why: the opportunism of the Opposition parties, which do not agree with the hard-line Eurosceptics in my party but which are determined to vote with our rebels to force this preposterous situation on us. Will he assure me that if, two weeks before the campaign ends, a decision is suddenly taken to finish health and safety or food safety regulations in some key area, because a judgment of the European Court has meant that hundreds will die or the horticulture industry will be wiped out, a Minister will be allowed, in these complex trade matters, on TTIP and so on, to consult officials and give some authoritative, clear description of what the decision or proposal actually means? I do not think that most of our right-wing newspapers would report what he would say based on factual advice, but could we leave open the possibility that he can at least consult experts on the negotiations before giving statements on behalf of the Government?

--- Later in debate ---

[Mr Lidington]

The straight answer to my right hon. and learned Friend is that amendment 53 does not address the particular dilemma he describes, because it does not grant such an exemption from the overall restrictions in section 125.

[Lady Hermon (North Down) (Ind)]

rose—

[Mr Lidington]

I will give way to the hon. Lady, but then I am going to make some progress and not give way again for a time.

[Lady Hermon]

I want to make a suggestion and throw the Minister a lifeline he may wish to grasp. I think we all agree that both sides want to be sure that the referendum is fair, and I hope both sides agree that the Electoral Commission is independent, impartial and professional in organising referendums. New clause 10 is so drafted that the only duty on a Minister introducing regulations to make exemptions from purdah is that the commission is consulted. I suggest that we change “consult” to “seek the approval of” the commission.

[Mr Lidington]

I will come to new clause 10 in a few moments, after I have finished with amendment 53, because the arguments raised by the former are slightly different.

I want to deal with the point made by my hon. Friend the Member for Wycombe (Mr Baker). Amendment 53 reapplies section 125 for the purposes of the referendum, but with limited modifications to enable the Government to transact wider EU business without the legal risks I have described. The list of prohibitions in the amendment directly reproduces some of the things in section 125, such as the prohibition on the Government encouraging people to vote in the referendum—that is, I think, a word-for-word replication of what is in section 125. The key difference applies to section 125(1)(b), which we propose to rephrase by replacing the words that capture publications on any subject “raised by” the referendum campaign with words applying the prohibition to material that

“directly addresses the question of whether the United Kingdom should remain a member of the European Union”,

meaning, we believe, that ordinary, ongoing EU business would not be caught.

We have also proposed revisions to subsection (1)(c) that give additional safeguards to those worried about the Government or other public sector bodies misusing the exemption. If subsection (1)(c) were left in its current form, with the words

“puts any arguments for or against any particular answer”

to the question of our membership, it would create a lack of clarity over whether material would be prohibited if it did not argue explicitly for remaining or leaving but did set out a view of the consequences of remaining or leaving. We took the view that there should not be such a loophole. The amendment therefore provides that any material that either deals directly with the referendum question or sets out the consequences of remaining or leaving would be caught, but that a publication on normal EU business that did not touch on those issues or draw lessons about what it meant for the UK’s membership would be permitted.

My hon. Friend asked why we were proposing this alteration in an amendment to the Bill rather than in secondary legislation.

[Mr Baker]

That was not quite my point. It was: why change the scope of the subjects considered within purdah rather than dealing with the functions the Government might need to perform?

[Mr Lidington]

We wanted, if possible, to avoid language that relied on statements about the intention of a particular publication—to use the language in section 125—because once we get into questions about the intention of the publisher, we are almost inviting a legal challenge and wrangle over what was intended or not intended. I considered whether we ought to adopt the approach that I think lies behind my hon. Friend’s question and list exhaustively the types of publication that might be covered. The difficulty is that it is in the nature of EU business that it sometimes proceeds at a stately pace but sometimes rapidly and at short notice, and I felt that the Government needed the ability to respond and that a list purporting to be exhaustive would make it more difficult to manage the legal risks. To sum up, we thought that in managing the legal risks the most effective way to proceed was to balance them with a reinforced safeguard against the misuse of the limited exemption.

[John Redwood (Wokingham) (Con)]

Does the Minister not recollect that since the late ’90s, when the legislation was first framed by the Labour Government, the Conservative party, first in opposition and then in government, has never once said that there was any problem with the legislation in all the referendums we have had? We accepted it in 2000 knowing that Labour wanted a referendum on the euro—it was really about the euro referendum we never had—and we never thought it was a problem.

[Mr Lidington]

The legislation is now 15 years old, and the more we have gone into its detail, the more I have come to the view that many of its provisions, including some we are not planning to amend, would benefit from a review simply to bring it up to date. For example, it was written in an age before the digital communications and social media that are now normal. We have considered this matter in detail and taken serious legal advice, and we believe that there are legal risks of the type I have described.

On new clause 10, on Second Reading, the Foreign Secretary and I argued that given that the referendum was being held on the basis of a clear Government commitment and that voters would be asked in effect whether they agreed or disagreed with a Government recommendation, following a Government-led renegotiation, it was reasonable for Ministers to be able, with restraint, to use ordinary Government communications channels and civil service support, including during the final 28 days of the campaign. However, it was clear from the debates at earlier stages and from my conversations with hon. Members on both sides of the House that there was widespread concern about the scope of any general exemption for Government communications.

--- Later in debate ---

[Mr Lidington]

My right hon. and learned Friend puts his view forcefully. That was the case the Foreign Secretary and I put on Second Reading and in Committee, but widespread concern was expressed on both sides suggesting that we were asking for something that was too broad in scope. That is why we have come forward today with something that is, yes, a lot narrower than what was originally in the Bill.

[Mr Christopher Chope (Christchurch) (Con)]

rose—

[Mr Lidington]

I want to touch on a further point about new clause 10, and then I want to try to bring my remarks to a close, touching briefly on some of the other amendments, because other Members wish to speak.

There has been some debate about whether individuals, including elected representatives, are caught under section 125. We have not proposed to alter the wording in this respect. It states that no material can be published in the final 28 days, and makes it clear that this applies not only to the Government and local authorities, but to

“any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority.”

Let me be straight about this. Both the Foreign Secretary and I were rather taken aback when we received advice saying that there was a risk that elected representatives or anybody else in the public sector might be caught by the provision. A literal reading of that part of section 125 suggests that that might be the case. It is also true that this does not seem to have been a significant issue in previous referendums. It has not been tested in the courts and there is room for legal argument. It would be possible under the automating power to put that beyond any doubt.

[Dame Angela Watkinson (Hornchurch and Upminster) (Con)]

To ensure that the electorate are properly informed so that they can take a decision on our future relationship with Europe on that basis rather than on an emotional basis, we need a proper cost-benefit analysis of the whole issue. It should not be applied just to immigration, which is the issue of today, but to how much the EU costs, how much we get out of it, how the regulations impact on businesses and jobs and so forth, so that the electorate can make an informed choice.

[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 Lidington]

I am not arguing that there is legal certainty about this, but if my hon. Friend looks at the wording of the Act—this is not something invented by this Government—he will see that it refers to

“any other person or body”,

thus distinguishing between the two concepts. I am saying that this would need further discussion and legal analysis, but that if we came to the view that there was any sort of risk to individuals, there should be a power to make it possible to remedy the problem.

[Mr Chope]

rose—

[Mr Lidington]

I shall give way to my hon. Friend, but then I am going to press on.

[Mr Chope]

Is my right hon. Friend prepared to accept manuscript amendment (a)? Why does he not bring before us a draft of the regulations that he proposes? That is common practice in the legislative context, and Committees are often allowed to look at the draft regulations, but we do not have them before us.

[Mr Lidington]

It would be premature to bring forward draft regulations before the Bill has completed its progress through this House and before it has even started in the House of Lords. The provisions in amendment 53 include a duty on the Government, following the Select Committee’s advice, to consult the Electoral Commission about anything we might want to bring forward under this measure. Then, of course, those have to be laid before Parliament in the usual way, be debated and be approved or not approved in the same way as any secondary legislation.

[John Redwood]

Will the Minister give way?

[Mr Lidington]

I am going to make some progress. At the end of the day, it is for Parliament to decide whether or not it is satisfied.

I leave it to Opposition Members to speak to their own amendments. I thought that there was not a huge difference between what they had proposed in new clause 6 and what the Government are proposing, but there are some technical difficulties over issues such as what is meant by the term “materials”, and not least over the fact that the Opposition amendments would permit exemptions from section 125 only for material to be published by the Government. There would, for example, be no provision for any kind of exemption for the devolved Administrations.

[Mr David Nuttall (Bury North) (Con)]

I may have missed this in his reply to my hon. Friend the Member for Christchurch (Mr Chope), but is the Minister minded to accept amendment (a)? Yes or no?

[Mr Lidington]

I hope that my hon. Friend will forgive me if I address that at the appropriate point in my speech.

The Opposition amendments also make no provision for Gibraltar, whereas the Government’s amendment does.

[John Redwood]

Will my right hon. Friend give way?

--- Later in debate ---

[Mr Lidington]

I will, but I do want to respond to the amendment tabled by my hon. Friend the Member for Harwich and North Essex (Mr Jenkin).

[John Redwood]

I just wanted to finish off this interesting discussion about what MPs can do. It is complete nonsense that MPs could not join in a referendum. We all know that MPs join in referendum campaigns, and in local election and by-election campaigns, and that they do so as politicians. They are, quite rightly, not allowed any MP expenses—they must not abuse this place—but, as politicians, they can intervene, under the existing law.

[Mr Lidington]

During general election campaigns, we are not Members of Parliament. Parliament has been dissolved, and we act as individuals, putting ourselves forward as candidates. In the case of local or European parliamentary elections, Independent Parliamentary Standards Authority rules apply to how our expenses may be spent. However, there is no statutory prohibition of the kind that is embodied in section 125. Let me say again to my right hon. Friend that it is the words of section 125 that give rise to this concern.

Let me now address amendment (a), tabled by the Chairman of the Select Committee. It suggests that there should be a period of four months between Parliament’s agreeing to any statutory instrument and the date of the referendum. I can see the case for that. It would provide an assurance that the Government would not try to rush through secondary legislation, and it would ensure that Parliament had ample time to consider the matter for it to be on the statute book before the referendum campaign, in its most ardent stages, got under way. However, I felt that the difficulty was that it would introduce a rigidity into the timing that was unwelcome—[Interruption.] Let me finish. We do not know exactly what might happen during the period that we are considering. If something were to come up and there was a consensus in Parliament that a change, a narrow exemption, was needed, we would be unable to introduce it at a later stage if we accepted the minimum period of four months that my hon. Friend has proposed.

Having thought long and hard about the matter and discussed it with colleagues, I have concluded that, largely in the interests of trying to secure as great a consensus as possible, we will accept amendment (a). As I have said, I think that a firm time limit of that type has drawbacks, but, in the interests of bridge-building—and paying due respect to the recommendation of a cross-party Select Committee—I am prepared to accept the amendment on the Government’s behalf.

--- Later in debate ---

[Mr McFadden]

Our intention in all these amendments was to reinstate purdah as set out in section 125, but to set out the mechanism in regulations. If those regulations need to cover the devolved Administrations, they can of course do that.

The Government’s response to the issues raised is set out in new clause 10 and amendment 53, and I would like to spend a few minutes on those. Government new clause 10 accepts our argument about having an exceptions-to-purdah mechanism through regulations approved by Parliament. Indeed, as the Minister set out, there is a great deal of overlap between Government new clause 10 and our new clause 6, but Government new clause 10 has the added dimension of the requirement to consult the Electoral Commission, something asked for by the Public Administration Committee in the correspondence from July. We believe this is a sensible addition and therefore have no objection to new clause 10; nor do we object to the amendment, which the Government have accepted, tabled by the hon. Member for Harwich and North Essex (Mr Jenkin) about the timescale for this.

However, as with much of this debate, amendments and new clauses need to be seen in conjunction with other amendments, in this case Government amendment 53, which makes alterations to the definition of purdah. We do not believe the Government have made a convincing case for those alterations. It is unclear whether the amendment is intended to deal with the business-as-usual issues that the Government have spoken of as being a particular problem, or whether it goes much further in the alteration of the purdah regime. Perhaps more importantly, given the wide redrawing of the purdah rules in this amendment, if it is passed it is not clear whether there will be any need at all for the kind of exceptions regime set out in new clauses 10 and 6. We feel that would give the Government too much scope to act without further parliamentary debate and approval, and we will therefore not support Government amendment 53. To complete the picture of our attitude on these amendments, I should say that we intend to press our amendment 4 to a vote. We will support Government new clause 10, we will oppose amendment 53, and we will support our amendment 4.

[Mr Lidington]

I went into quite some detail about how amendment 53 was intended to carve out business as usual and added a safeguard to make sure that the exemption could not be abused. What does the right hon. Gentleman fear in this regard?

[Mr McFadden]

Our concern is that, instead of reinstating purdah and then having an exceptions regime, the Government propose to both have an exceptions regime and change the definition of purdah in such a way that there might not even be a need for an exceptions regime.

In the end, the various amendments and new clauses tabled set out three possible ways to deal with this issue. The first is simply to reinstate the purdah regime with no exceptions or modifications—the route perhaps favoured by some in this House. The second way is to reinstate the purdah regime but have a mechanism for exceptions that are subject to the approval of the House through regulations. That is the approach we have set out, and that the Government have, we acknowledge, moved a considerable way towards with the tabling of new clause 10. The third option, which is the one the Government seem to want to pursue, is both to water down the definition of purdah and have an exceptions regime; that is the combined effect of new clause 10 and amendment 53. We believe that the second approach—to have purdah, with exceptions where there is the approval of this House—is the right one.

--- Later in debate ---

[Michael Ellis]

Sorry, I am running out of time, so I will not give way.

The Government should have a view, and it should not be expected that the Government of the day will be silent on these issues. The Government should expect to take a position and will want to make a recommendation. Under section 125, purdah would be unnecessarily restrictive.

I am conscious of the time and want to give my right hon. Friend the Minister the opportunity to sum up, but I want to make one more point. The European Commission and foreign Governments cannot be permissible donors under our law, so they would not be entitled to contribute. The fear that has been expressed by some hon. Members is therefore misguided, because the rules are already such that their fear will not be realised. I support the Government’s measures and thank the House for its attention.

[Mr Lidington]

Everybody who has spoken has agreed that there should not be untrammelled freedom for the Government or other public bodies to campaign during the final 28 days before the referendum. Nobody has argued for that; rather, the argument has been about how best to define the scope of restrictions on such activity and the precise form that they should take. It has been about the extent to which the rules should be set by Act, secondary legislation or guidance. I emphasise again that so far as the Government are permitted to act by whatever Parliament eventually decides, those permitted actions will be subject to guidance.

I am grateful to my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) for the courtesy with which he put his arguments. As he was open enough to say in his letter to me of 21 July, a number of witnesses to his inquiry suggested

“that Section 125 could be amended to provide clarification to reduce the perceived risk of legal challenge”.

It is therefore not as if the Government have been completely on their own in saying that there are serious questions that ought to be addressed by a limited and carefully defined exemption from the section 125 arrangements.

We could have chosen to make the changes that we are offering in Government amendment 53 by way of secondary legislation, using the regulation-making power that we propose in new clause 10. We chose to table an amendment to the Bill because it offers greater clarity and certainty to Ministers and their officials, who will have to go off to Brussels and Strasbourg and argue the case for this country’s interests and circulate documents—to publish things in the terms defined by section 125—and they do not want to be looking over their shoulder trying to second-guess whether they might end up with a legal challenge. Primary legislation is just a stronger guarantee than secondary legislation.

We also felt that that greater certainty and clarity should apply to the assurance given in the same Government amendment that any such exemption could not be misused by the Government to pray in aid a piece of ongoing routine EU business to suggest that a particular outcome to the referendum—a case for leaving or remaining—was somehow validated by that publication on the ongoing business. Yes, that could have been done by statutory instrument, but we came to the House with this proposal precisely because we felt that not only the exemption but, critically, the safeguard would be better assured by means of primary legislation.

My right hon. Friend the Member for North Shropshire (Mr Paterson) asked me about the Venice Commission. The commission’s code of good practice in respect of referendums states that, contrary to the case of elections, it is not necessary to prohibit completely intervention by the authorities in support of, or against, the proposal submitted to a referendum. The Venice Commission goes on to say that public authorities must not influence the outcome of the vote by excessive, one-sided campaigning. That is exactly the sort of balance that the Government have sought to embody in the proposed legislation and in the amendments we are presenting today.

I believe that the package is balanced and fair. It will ensure a referendum that is fair, and seen by all sides to be fair, and in which the whole country can have confidence.

EU Referendum

David Lidington Excerpts

Tuesday 21st July 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

At Committee stage in this House I committed to share electoral administration rules (conduct rules) with hon. Members. Today I have published them in draft form, and deposited copies in the Libraries of both Houses. We intend to consult the Electoral Commission on the draft rules over the summer and would welcome views from hon. Members during this period.

The draft rules are modelled on the rules used for the administration of the parliamentary voting system referendum in May 2011 and those used for elections more generally, in particular UK parliamentary elections, adapted as necessary for the referendum.

They include the range of provisions that are necessary for the administration of the referendum, including the manner of voting—which covers voting in polling stations, voting by post or by proxy—the form of the ballot paper and other forms used by voters, the appointment of polling and counting agents, the arrangements for the counting of votes and declaration of results, and the disposal of ballot papers and other referendum documents after the poll.

The draft rules take into account recent changes to electoral law and are designed to support the effective administration of the poll. This includes changes to enable ballot papers to be sent to overseas voters further in advance of polling day. Alongside practical steps we are taking elsewhere, this will address some of the issues faced by electors abroad at the 2015 general election.

The rules largely cover the administration of the referendum in the United Kingdom though in some areas the provisions apply to Gibraltar.

Attachments can be viewed online at: http://www.parliament.uk/writtenstatements

[HCWS168]

Foreign Affairs Council

David Lidington Excerpts

Thursday 16th July 2015 Written Statements

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs will attend the Foreign Affairs Council on 20 July. The Foreign Affairs Council will be chaired by the High Representative of the European Union for Foreign Affairs and Security Policy, Federica Mogherini.

Foreign Affairs Council

Iran

Ministers will have an exchange of views on Iran and will consider what the joint comprehensive plan of action means for future EU-Iran relations including the EU wider geopolitical approach, beyond sanctions. The Foreign Affairs Council is likely to welcome the Iran deal through conclusions.

Tunisia

After the Bardo Museum terrorist attack in March, the EU and member states agreed to intensify co-operation with Tunisia. Following the further terrorist attack at Sousse on 26 June—which resulted in the deaths of 30 British nationals—Tunisia’s need for support is greater and more urgent than ever. The evolving security situation has meant the FCO is advising against all but essential travel to Tunisia. We have not taken this decision lightly but our first priority will always be the safety of our citizens. We believe it is essential to offer support both to Tunisia’s economy and its security. The terrorist attacks have affected Tunisia’s tourist industry, causing further damage to its economy. At the same time, regional inequalities and high unemployment—particularly among the youth—are fuelling dissatisfaction and extremism.

We will urge the EU to take steps urgently to support regionalisation, micro-financing and job creation—particularly for the youth in regions outside the North/West coastal regions. On security and counter-terrorism, we will urge the EU to support a package of CT and security measures to deepen our understanding of the threat, increase our options to disrupt it, support capacity-building in Tunisia, and ensure our response is fully co-ordinated with international partners. Helping the Tunisians deliver better security is the key priority, and will allow us to review our travel advice.

Middle east peace process

Ministers are expected to discuss what more the EU can do to support prospects for the middle east peace process, including the situation in Gaza.

EU action plan on human rights and democracy

Ministers will discuss the proposed new EU action plan on human rights and democracy for 2015 to 2019, with a view to its adoption by the Council.

Climate change and post-2015 development agenda

The FAC will discuss the outcomes of the Addis Ababa conference on financing for development due to take place 13-16 July, and look forward to the summit on the post-2015 development agenda in New York in September, and the Paris climate conference in December. The UK places high importance on working with developing countries on both these issues.

On the post-2015 development agenda, we believe that there should be a set of clear communications messages in the final outcome and that we, together with EU partners, should communicate the final set of sustainable development goals the world over, encouraging all countries to start focusing on implementing the agenda.

On climate change, we welcome the co-ordinated EU diplomatic effort to demonstrate our climate leadership in support of a global low-carbon transition and to those most vulnerable to climate risks. We continue to press for a global deal in Paris in December, with an ambitious set of emissions reductions contributions from all parties and a framework for future review which keep us on track to limiting global temperature rises to below 2°C.

Mediterranean Migration

We believe that the EU must continue to address the root causes of refugees and economic migrants crossing the Mediterranean and identify comprehensive solutions in those countries from which migrants originate and transit that will reduce the push factors, build stability, create livelihoods, and tackle the criminal gangs and smuggling networks. The UK is leading the way through alleviating poverty and working to stabilise countries of origin and transit. We are disrupting smuggling networks. We are tackling the perception that getting on a boat will lead to automatic entry into the EU. And we continue to work closely with EU and African partners.

[HCWS138]

Oral Answers to Questions

David Lidington Excerpts

Tuesday 14th July 2015 Commons Chamber

[Jeff Smith (Manchester, Withington) (Lab)]

2. What assessment he has made of the effectiveness of EU sanctions on the Russian Federation.

[The Minister for Europe (Mr David Lidington)]

Sanctions are having a tangible impact on Russia by exacerbating negative trends in the Russian economy. Russian sovereign debt has been downgraded to junk status by two ratings agencies and forecasters predict that the Russian economy will contract by between 3.5% and 5% during the current year.

[Jeff Smith]

The BRIC countries—Brazil, Russia, India and China—announced at the summit last week that they will not join in imposing sanctions on Russia. How much of a blow does the Minister consider that to be, and what diplomatic efforts will the UK Government make, if any, to remedy the situation?

[Mr Lidington]

We continue to urge all countries to bring pressure to bear, by diplomatic and other means, on Russia to desist from its interference in the affairs of Ukraine and to withdraw the support it has been giving the separatists there. I do not believe that the decision to which the hon. Gentleman referred will have a significant impact on the efficacy of the sanctions that the European Union and the United States have imposed.

[Crispin Blunt (Reigate) (Con)]

Russia is properly under sanction for its misbehaviour towards Ukraine, but the harsh truth is that in our wider relations with Russia we have a clear common interest in taking on Daesh, which is very important to our national interest. Will the Minister try to ensure that where we can find common cause with Russia, we can conduct relations positively, while sustaining our disapproval of its behaviour in Ukraine?

[Mr Lidington]

The Prime Minister spoke to President Putin in May and made it clear that while we disagree profoundly with Russia about Ukraine we are still prepared to try to work with Russia on combating international terrorism and advancing the cause of non-proliferation. My right hon. Friend the Foreign Secretary has this week been working with the Russian Foreign Minister and other partners in Vienna to that aim.

[Seema Kennedy (South Ribble) (Con)]

Does my right hon. Friend agree that Russia’s actions in Crimea and Donbass are a fundamental challenge to rules-based order, and that it is vital that we stand up to that aggression?

[Mr Lidington]

I completely agree with my hon. Friend’s point. The Russian annexation of Crimea and its continued intervention in the internal affairs of Ukraine are a breach of the Helsinki agreements as well as the agreements that Russia and Ukraine came to at the time of the break-up of the USSR. The precedent that has been set is extremely dangerous.

[Brendan O’Hara (Argyll and Bute) (SNP)]

3. What discussions he has had with Ministers in the devolved Administrations on renegotiation of the UK’s membership of the EU.

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Prime Minister discussed the United Kingdom’s renegotiation plans with the First Minister of Scotland during his recent visit to Edinburgh. My right hon. Friend the Foreign Secretary spoke to all three devolved Administration leaders in the margins of the recent British-Irish Council. It is a regular agenda item at meetings between the United Kingdom Government and the three devolved Administrations.

[Brendan O’Hara]

The Minister will be aware that the First Ministers of Scotland and Wales have said that it would be unacceptable for any part of the United Kingdom to be taken out of the EU against its will. Given that the Foreign Secretary is on the record as saying that the UK could leave the EU if treaty renegotiations are not to his liking, will the Minister say whether that opinion has been discussed with the First Ministers of the devolved Administrations?

[Mr Lidington]

I do not think the First Minister has ever been shy about making her opinions known to British Ministers. The key point is that British membership of the European Union is the membership of the whole of the United Kingdom. Our membership of international organisations is explicitly a reserved matter under the terms of the devolution settlements. Under this Government, the people of Scotland will at least have the right to a vote on whether they wish to stay in the European Union, which the hon. Gentleman’s party tried to deny them when it voted against the European Union Referendum Bill the other week.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Minister agree that that shower that sit over there have no right to have a veto on what the United Kingdom does and whether it wants to be in the EU or not?

[Mr Lidington]

As I said a moment ago, it was the United Kingdom that acceded to the European Union back in the 1970s, and it is the United Kingdom as a whole that will take the decision by the end of 2017 whether we wish to maintain that membership.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

16. To be absolutely clear, will the Minister confirm that if the nations of Wales and Scotland vote to stay in the European Union, the UK Government will drag us out against our will?

[Mr Lidington]

It will not be a matter for the United Kingdom Government: it will be a matter for the people of the entire United Kingdom what decision they wish to take.

[Andrew Rosindell (Romford) (Con)]

The Minister will be aware that Britain’s relationship with the EU is vital to the people of Gibraltar and to the people of the Crown dependencies that trade with the EU. Will he ensure that consultations take place with the Parliaments and Governments of Gibraltar, Jersey, Guernsey and the Isle of Man?

[Mr Lidington]

We will certainly want to take account of the views of the Crown dependencies and the British overseas territories. Of course, the people of Gibraltar will, under the Bill we have brought forward, be entitled to a vote when the referendum comes.

[Ms Margaret Ritchie (South Down) (SDLP)]

Apart from discussions in the margins of the British-Irish Council, will the Minister confirm whether there will be actual discussions as part of the agenda of the British-Irish Council involving the Government of the south of Ireland? An exit from the European Union would have a detrimental impact on business and energy relations north and south, and between Britain and Ireland.

[Mr Lidington]

The Government’s renegotiation is certainly regularly discussed whenever I or any of my ministerial colleagues talk to our Irish counterparts. I intend to visit all three devolved Administrations later this year. I have no doubt that I will be able to engage in good conversations with political leaders in all three Administrations, so I can take clear account of their views.

[Mr Jim Cunningham (Coventry South) (Lab)]

4. What recent discussions he has had with the Burmese Government on (a) the Rohingya community in Rakhine state and (b) democracy and human rights in that country.

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[The Minister for Europe (Mr David Lidington)]

Since the June European Council meeting, my right hon. Friend the Foreign Secretary and I have had further discussions with counterparts on the areas in which we want to see change in the EU: sovereignty, fairness, competitiveness and immigration. We will both continue to do so over the coming months.

[Heather Wheeler]

What changes does the Minister expect to negotiate at EU level to help the businesses and hard-working people in my constituency of South Derbyshire to succeed in an increasingly competitive global economy?

[Mr Lidington]

I think that the reforms that we are seeking to deepen the single market and make it easier for businesses to sell digitally and to sell services throughout Europe, the efforts that we are making to push for the successful completion of a free trade deal between Europe and the United States, and the work that we are doing to cut red tape in the EU should be of direct benefit to the businesses in my hon. Friend’s constituency.

[Byron Davies]

There are particular concerns with the recent EU accession countries in relation to corruption and maladministration. What is the UK doing to ensure that these countries conform to the high standards? What bilateral work, if any, is being undertaken to assist them in cleaning up their police, justice and Government departments?

[Mr Lidington]

We have given practical technical assistance to both Bulgaria and Romania—and, indeed, to a number of candidate countries wishing to join the EU in the future—to root out corruption and to support reform of the judiciary and the police system. I discussed these issues with the Bulgarian Foreign Minister when he came to London in June.

[Stephen Gethins (North East Fife) (SNP)]

22. The Minister will be aware that reform is a two-way process. Can he set out some areas where he thinks we should have greater co-operation with the European Union, not just those where there should be less co-operation?

[Mr Lidington]

Yes, we are very keen to see the European-wide single market extend to services much more fully than it does at the moment. At the moment, we have a pretty well functioning single market in goods, which works to the great benefit of British industry. It is services that will provide the future growth for us and other European countries. It is a woefully underdeveloped single market when it comes to services.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Minister will have seen the stories in the press over the weekend suggesting that the Prime Minister was seeking to wind back the clock and make the opt-out from the social chapter part of the UK Government’s negotiating strategy over Europe. Can he tell the House, first, whether there is any truth in these stories and, secondly, whether he agrees that a bonfire of important protections for people at work, such as paid leave, maternity leave and rights for part-time workers, is not exactly the best way to build support for a yes vote in the forthcoming referendum?

[Mr Lidington]

As my right hon. Friend the Prime Minister has said before, there are bound to be all sorts of rumour and chatter as the renegotiation continues. I would advise the right hon. Gentleman not always to put too much faith in what he sees in the newspapers. We are certainly committed to cutting red tape in the European Union, as in the United Kingdom, but in the week after a Budget in which this Government have introduced a national living wage and cut taxes for the poorest people in society, it is a bit rich for the Labour party to try to give us lectures about workers’ rights.

[Antoinette Sandbach (Eddisbury) (Con)]

7. What assessment he has made of the effectiveness of the Greek Government’s approach to negotiations with the EU; and what assessment he has made of the implications of that approach for his policy on re-negotiating the UK’s relationship with the EU.

[Sir Simon Burns (Chelmsford) (Con)]

14. What assessment he has made of the effectiveness of the Greek Government’s approach to negotiations with the EU; and what assessment he has made of the implications of that approach for his policy on re-negotiating the UK’s relationship with the EU.

[The Minister for Europe (Mr David Lidington)]

As the Prime Minister has said, we welcome the news of a deal reached with Greece on Monday morning, but we should not underestimate the difficult process that lies ahead of reaching a final agreement. As for renegotiating the UK’s relationship with the EU, that process is under way. Following the June European Council, technical discussions are now taking place, ahead of a further leaders’ discussion in December.

[Antoinette Sandbach]

I am grateful for the Minister’s answer. Given the uncertainty around the deal announced on Monday, what are the implications for businesses and holidaymakers in my constituency of Eddisbury?

[Mr Lidington]

We have spent a lot of time preparing contingency plans to help both British business interests and British tourists, should that be necessary. I can say to my hon. Friend that at the moment the reports I have are that visits by British tourists to Greece are continuing much as per normal. The Government stand ready to offer advice to any businesses in my hon. Friend’s constituency that have particular problems or concerns, and the Department for Business, Innovation and Skills has published detailed advice on the support schemes that are available to help businesses troubled by events in Greece.

[Sir Simon Burns]

Does my right hon. Friend expect the UK negotiators to emulate those involved in the Greek deal and have a 17-hour marathon all-night session to conclude a deal?

[Mr Lidington]

No Minister would actively look forward to a 17-hour, all-night session, but my right hon. Friend the Prime Minister demonstrated when he led the negotiations to cut the EU’s multi-annual budget that if that is what it takes to get the best deal for the United Kingdom, that is what he and the Government are prepared to do.

[Alex Salmond (Gordon) (SNP)]

Should the Government not have shown a bit more solidarity with the people of Greece over recent weeks? For many of us, the attitude of the European Commission, the European Central Bank and certain European leaders has been arrogant and dismissive—even anti-democratic—but all this Government seem to have done is to discourage tourists from going to Greece. Should they not have shown more solidarity in recent weeks?

[Mr Lidington]

We have certainly not advised tourists against travel to Greece. I think the lesson that the right hon. Gentleman needs to take on board is that the Greek Government and the Greek people consistently said that they wished to join the euro and remain within it, and that joining that currency union means the sacrifice of a considerable amount of national sovereignty over economic policy.

[Alex Salmond]

Perhaps the lesson that the Minister should take is that if a little more understanding had been shown to the people and the Government of Greece in their time of extremity, they might show more understanding towards the UK Government’s position in their renegotiations. Why cannot the Government understand that many people in this country have been touched by the plight of people in Greece? Where is the empathy or solidarity from the Government? People reap what they sow, and this Government are going to reap a bitter harvest.

[Mr Lidington]

I do not know whether the right hon. Gentleman was present when my right hon. Friend the Chancellor made his statement on Greece last week, but he made very clear both his sympathy and the long-standing friendship between this country and the people of Greece. When this Government were elected in May, the Prime Minister made an offer to the Greek Government of technical support for things such as improving the efficacy of their taxation system. That offer remains open.

[Mr John Baron (Basildon and Billericay) (Con)]

Which circumstances would lead the Government to advocate a no vote to leave the EU in the forthcoming referendum?

[Mr Lidington]

I do not blame my hon. Friend for his question, but I would not think he really expects me to speculate about the outcome of negotiations—certainly not at this stage. The Prime Minister has made it very clear that he is aiming to secure reforms in Europe that are good for the prosperity and democracy of Europe as a whole and that help the United Kingdom feel comfortable with its place in Europe—and that if he cannot get those reforms, he rules nothing out.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

On the minimum wage, the Minister’s party is late to the cause, but its conversion to support for our policy is nevertheless welcome.

On Greece, the agreement announced yesterday involves a third bail-out estimated to be worth €86 billion. Can the Minister confirm whether the European financial stability mechanism, which could involve £850 million of UK funds, will be used for that or for any short-term financing before the bail-out is agreed?

[Mr Lidington]

Both the Prime Minister and the Chancellor have already made it clear that there can be no question of British taxpayers being on the line for a deal to keep Greece in the euro. We have chosen not to join the eurozone: there has been a clear agreement by every one of the EU member states that we should not be liable for bail-outs of eurozone countries. It is for the eurozone countries to decide how they are going to organise the detail of the deal they struck earlier this week.

[Heidi Allen (South Cambridgeshire) (Con)]

10. What assessment he has made of the current situation in Greece and the effect of that situation on other EU member states.

[The Minister for Europe (Mr David Lidington)]

The Government have carried out regular assessments of the events in Greece and the impact they might have on British business interests, British residents in Greece and British tourists. We have put in place contingency measures for a variety of scenarios to ensure that our interests and those of our citizens are protected. We judge the risk of contagion elsewhere in Europe to be much reduced when compared with the situation in 2012.

[Heidi Allen]

It is fair to say that the situation has moved on ever so slightly from when I tabled the question. It may be too early to tell, but will we be in a position to look at how the negotiations pan out and assess whether that makes us feel stronger in our desire for renegotiation or weaker?

[Mr Lidington]

The events that have taken place in the eurozone over the last few weeks have confirmed our wish to see an ambitious programme of reform and renegotiation. In particular, they have demonstrated the need for Europe to work out a design for European co-operation that distinguishes between eurozone countries that will need to move towards closer integration over time, and member states that choose to stay outside the eurozone.

[Rob Marris (Wolverhampton South West) (Lab)]

Does the Minister share my assessment that the troika was wrong to bail out greedy and irresponsible bankers because its action has led to the immiseration of people in Greece?

[Mr Lidington]

I think that what is happening to ordinary families in Greece has been a tragedy, but I also think that there are two lessons to be learned. First, those who join a single currency must give up a fair amount of their independent decision-making power over economic policy. Secondly, any country that gets into serious debt will find it hard to do a deal with its creditors. That is why this Government’s intention of paying down the deficit and reducing the underlying debt is so important to our fortunes.

[Mr Philip Hollobone (Kettering) (Con)]

The Greek financial crisis has given the green light to the gangs of human traffickers who are exploiting the weaknesses of the Greco-Turkish border to push hundreds of thousands of illegal immigrants towards western Europe. Will the Minister ensure that, in this crisis, we do not lose sight of the fact that we must do all that we can to help Greece to plug the gaps in the EU external frontier?

[Mr Lidington]

My hon. Friend has made a good point. We have already deployed people to Greece to support Frontex and the Greek police, and we will continue to work closely with other member states, particularly Greece, and with the EU institutions.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Is not the pressure that has forced the Greek Government to buckle in the last few days a shame politically, morally awful, and, importantly, economically tragic? It is almost like the parlour game Monopoly. When someone is so obviously losing that the game ends, it has to restart. That is what happened to Germany in 1953 when it was granted debt forgiveness, one of the creditors being Greece.

[Mr Lidington]

I say with all respect to the hon. Gentleman that it is for the eurozone countries that participate in the single currency to work out how to address the problem. What has happened to the Greek people is indeed a tragedy, but there are people in other eurozone countries with elected Governments of their own who want to ensure that their taxes are not at risk.

[Mr Speaker]

Order. I fear that the cheeky-chappie disposition of the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) may be incompatible with his long-term aspiration to be viewed as a statesman.

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[Huw Merriman (Bexhill and Battle) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Foreign Secretary is currently on his way back from Vienna, where he has been taking part in the conclusion of the Iran nuclear negotiations. He plans, with your permission, Mr Speaker, to update the House on that issue at the very earliest opportunity. In addition to those important talks, my right hon. Friend has been leading the Foreign and Commonwealth Office’s efforts to follow up the appalling attacks in Tunisia earlier this month, and on Thursday this week he plans to travel to the middle east and to Cyprus.

[Huw Merriman]

I welcome the announcement on Iran. What confidence does the Minister have that a nuclear agreement with Iran will be subject to a rigorous inspection regime?

[Mr Lidington]

Clearly the question of inspection and access by the International Atomic Energy Agency inspectors lay at the very heart of the negotiations. In fairness, I must advise my hon. Friend to wait for the Foreign Secretary’s statement, at which time he will have the chance to examine in detail the agreement that has been reached.

[Dan Jarvis (Barnsley Central) (Lab)]

As the Minister has just suggested, details are still emerging of the agreement reached in Vienna on Iran’s nuclear programme. Those talks have seen many missed deadlines over the past 12 years, but all sides have been consistent in saying that no deal was better than a bad deal. At this early stage, what confidence does the Minister have that this is a good deal and that it will be implemented?

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[Karen Lumley (Redditch) (Con)]

T2. As my right hon. Friend knows, I take a great interest in the Balkans and last year I travelled to Bosnia with colleagues to visit Srebrenica and worked with a charity, Medica Zenica, which helps families affected by the conflict. Does he agree that as well as remembering the anniversary of Srebrenica last week we must refocus on rebuilding Bosnia-Herzegovina and help the people of that country to secure a better future?

[Mr Lidington]

I agree with my hon. Friend and pay tribute to her long-standing interest in the fortunes of Bosnia-Herzegovina. I saw for myself last year how people from all communities in that country came together in the aftermath of the devastating floods that they experienced. It is that spirit that we must support and encourage to reform the state institutions and to push for economic prosperity.

[Karin Smyth (Bristol South) (Lab)]

T3. The Minister will be aware of the work of Nobel peace prize winner Malala Yousafzai, who celebrated her 18th birthday in Lebanon at the weekend opening a school for Syrian refugee girls. What is the Government’s assessment of the situation on the ground in Lebanon, where about 500,000 Syrian school-aged children are believed to be living?

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[Stephen Gethins (North East Fife) (SNP)]

T7. We have heard from the Foreign Secretary about the need for treaty change from the EU negotiations. Will fisheries be up for renegotiation?

[Mr Lidington]

Fisheries have already been the subject of a successful renegotiation, led for the UK by the fisheries Minister, my hon. Friend the Member for Camborne and Redruth (George Eustice). That led to the scrapping of the obscene discarding policy for which British Governments have yearned for years, and the devolution of fishing to a more regional and local level. The hon. Gentleman should welcome that.

[Glyn Davies (Montgomeryshire) (Con)]

T8. Looking beyond the human rights issue, which has been extensively discussed today, Colombia is becoming an increasingly important, modern and rapidly expanding country, with massive potential. What action is the Foreign and Commonwealth Office taking to develop business and diplomatic links with Colombia, enabling the UK to construct a mutually beneficial relationship with that country?

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[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Friday is the first anniversary of the downing over Ukraine of flight MH17, killing all 298 on board, including 10 British people, two of whom were Newcastle United fans, Liam Sweeney and John Alder. The families still do not know who murdered their loved ones and they fear that the attention of the Foreign Office has moved away from that complex global political situation. Will the Minister agree to meet me and the families of those who died, so that their questions can be heard and we can begin to get answers?

[Mr Lidington]

I am more than happy to meet the hon. Lady and her constituents, whom I recall meeting in the aftermath of that appalling tragedy last year. As she knows, a Dutch investigation is ongoing into the causes of the crash and possible attribution of responsibility, and clearly she would not expect me to be able to comment in detail, but I am happy to talk to her.

[Jo Churchill (Bury St Edmunds) (Con)]

Businesses in my constituency, such as Denny Brothers printers, have suffered a negative impact from the challenges of migration from Mediterranean countries. Such migration has had a consequential impact across Europe, particularly in Calais, where there has also been industrial action. Does the Department recognise how the situation is affecting British businesses and their employees? What can be done about the root cause?

[Mr Lidington]

Through Department for International Development programmes, we are tackling the root causes by trying to promote greater prosperity in the African countries from which so many of these people are travelling. We are also working actively with both European and African partners to disrupt the work of the people traffickers who exploit vulnerable people in the most appalling way.

[Robert Flello (Stoke-on-Trent South) (Lab)]

I know that we are about to hear from the Home Secretary, but what is the Foreign Office doing to put pressure on the French authorities and tell them that it is not good enough to take somebody from Calais and release them a mile down the road without fingerprinting or checking them in any way?

[Mr Lidington]

Our ambassador and his team in Paris and Foreign Office Ministers have been extremely active in talking to our French counterparts. We clearly work extremely closely with Home Office colleagues, and co-operation between the United Kingdom and France is essential to bring to an end the disruption at Calais.

[Several hon. Members]

rose—

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[Mr Lidington]

I remain confident that the Prime Minister will be able to achieve the reforms that he has set his hand to, but at the end of the day it is for the British people themselves, not any politician, to take the final decision.

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

In response to the increased threat from ISIL and the situation in Syria, the Prime Minister tells us that he wishes to use drones more extensively and expand our special forces. Has the Foreign Office made an assessment of the speed at which we can expand the special forces, which would make that promise meaningful?

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[Tom Pursglove (Corby) (Con)]

Have the Scottish Government had a consistent position on the issue of EU reform when making representations to UK Ministers, or is it more a case of one position in Scotland and one here in Westminster?

[Mr Lidington]

It is obviously for the Scottish Government to defend their own positions. We always listen seriously to points that Scottish or, for that matter, Welsh or Northern Irish Ministers make to us about UK Government policy. At the end of the day it is a United Kingdom-wide policy that we adopt in our dealings with the EU.

[Peter Grant (Glenrothes) (SNP)]

The Frenchgate memo included an inaccurate account of a private conversation between the French ambassador and the First Minister of Scotland. Which members of staff or Ministers in the Foreign Office were aware of the contents of that memo before it was deliberately leaked by Ministers down here?

[Mr Lidington]

I have a recollection of having seen a report of that. I do not know if it was the actual text. What I remember thinking was that the text itself said that a lot seemed to have got lost in translation. I did not give any credence to it.

[Kit Malthouse (North West Hampshire) (Con)]

Given the growing importance of our conversation with Iran and in particular the part it is playing in fighting ISIL, can the Minister give us a firm date for the re-opening of our embassy in Tehran?