European Union (Withdrawal) Act

Debate between David Lidington and Anne Main

Monday 25th March 2019 Commons Chamber

[Mr Lidington]

No, I do not agree with the hon. Gentleman. In my constituency, the votes were pretty finely balanced in 2016 between the two sides in the referendum. It would not surprise me that 10% of my constituents felt strongly in favour of revocation in the way that he suggests. Obviously, one takes seriously not only the scale and strength of the opinion expressed in the demonstration at the weekend but the number of signatories attracted to the petition, but that does not mean that one can simply ignore or set aside the fact that 17.4 million people voted to leave the EU in 2016.

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

Will my right hon. Friend give way?

[Mr Lidington]

I will give way to my hon. Friend, but then I will try to make some progress.

[Mrs Main]

I am pleased that my right hon. Friend has mentioned the 17.4 million people, many of whom had never voted before, who took the trouble to vote leave in the referendum. Given the recent votes in the House—on no deal, the withdrawal agreement and the second vote—and given that the Prime Minister now seems to have taken no deal off the table, for some of us there are different options to think about. It is vital that the withdrawal agreement comes back before the House, because, if no deal is off the table, much worse deals might well be put forward by this remainer House, and those of us who do not wish to see those happen will feel we have a very bad situation.

[Mr Lidington]

I certainly hope that we have the opportunity to vote again on the withdrawal agreement this week.

UK’s Withdrawal from the EU

Debate between David Lidington and Anne Main

Wednesday 27th February 2019 Commons Chamber

[Nick Boles (Grantham and Stamford) (Con)]

Will my right hon. Friend give way?

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

Will my right hon. Friend give way?

[Mr Lidington]

I am conscious of the concern about time that you expressed, Mr Speaker, but I will briefly give way to my hon. Friend the Member for St Albans (Mrs Main) and then to my hon. Friend the Member for Grantham and Stamford (Nick Boles).

[Mrs Main]

I have listened very carefully to just about every debate on this topic, and I understand that the European Union would give an extension only if it thought there was a reasonableness behind the request; I can perfectly understand that. Will my right hon. Friend tell me what rationale we would give to ask for this very short and limited extension, given that the House will have already rejected the newly negotiated deal? I cannot think what else could happen in those couple of months that would be helpful.

[Mr Lidington]

My hon. Friend is asking me to go deeper into the realms of hypothetical speculation. Tempting though that is, all I can say is that a lot would depend on where we had got to in the negotiations, the reasons for which the House in these hypothetical circumstances had rejected the revised agreement and so on.

Carillion

Debate between David Lidington and Anne Main

Monday 15th January 2018 Commons Chamber

[Mr Lidington]

Yes.

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

I am very pleased that the Minister has mentioned apprentices, but the nature of apprentices is that they are young and they are training as well as working. I am concerned that many young people cannot bear the burden of not receiving any money, despite the low remuneration they get as part of the training process, and that it will not be easy midway between training schemes to find another appropriate training scheme for those young people to dovetail into. May I ask that special consideration is given to that particularly unique set of circumstances of being partly trained and having to find somewhere else to go?

[Mr Lidington]

My hon. Friend makes an important point. I can well understand why apprentices would be worried at the moment. Carillion has 11 training centres across England, with about 1,200 apprentices who are also Carillion employees and who are mostly 16 to 18-year-olds. The Construction Industry Training Board has now agreed to become the training provider for those apprentices, and it will assist apprentices accordingly in finding new employment as rapidly as possible.

Government Referendum Leaflet

Debate between David Lidington and Anne Main

Monday 11th April 2016 Commons Chamber

[Mr Lidington]

We have to come to a judgment about the costs and benefits of European Union membership. The Government considered that at considerable length, went through the negotiations that culminated in the February European Council and reached the view that we would be better off, stronger and more secure by remaining in the European Union. One of the challenges for my hon. Friend and those who share his view is that in the absence of a clear and coherent view about the desired future relationship of the United Kingdom with the EU if we were to leave it, it is quite hard to form a judgment about the difficulties that might stem from that. We can estimate the risks—we certainly will do that—but it is incumbent on those who are championing the cause of leaving to spell out with much greater clarity than they have hitherto exactly what they see as that future relationship.

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

Thank you for calling me now, Mr Speaker, because what I have to say follows on very well from the previous remarks. The one title that is missing from this book concerns what things will be like if we remain. There is no indication of what Turkey is going to do. I was just fobbed off with “France is going to veto that”, and we are told that vetoing more powers will provide a safer path to the future, yet the latest data from the Library show that 60% of all our laws are made in the EU. In case the Minister has not noticed, I can tell him that he is part of the remain campaign. What is in this booklet is opinion; it is partial, and it is certainly not fact. As we have seen throughout the turmoil of this week, partial facts are very dangerous things to have in a leaflet.

[Mr Lidington]

What my hon. Friend is effectively saying is that she disagrees with the Government about Britain’s membership of the European Union. That does not come as a great surprise to me. Let me just correct her on the point about the proportion of our legislation that is attributable to the European Union. The House of Commons study showed that of our Acts of Parliament and statutory instruments, roughly 14% of the total have something to do with EU membership.

--- Later in debate ---

[Mr Lidington]

The money is coming out of the Cabinet Office’s departmental spending, and, to the best of my knowledge, no EU funds are involved. The President of the European Commission has made it very clear on more than one occasion that he thinks it would be wrong for the Commission to participate, as an institution, in the British referendum campaign.

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

On a point of order, Mr Speaker.

EU-Turkey Agreement

Debate between David Lidington and Anne Main

Wednesday 9th March 2016 Commons Chamber

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

Those of us who are in favour of leaving the European Union are being pressed regularly on the need to provide certainty about what the world will look like outside, yet today the Minister’s speech has been full of caveats, maybes and what may or may not happen. Does he now accept that this is what “in” looks like for those of us who are concerned about human rights issues, freedom of speech issues and other things that would come with Turkish accession, that there can be no certainty about the fear factor of staying in, and that it certainly is not safer to stay in rather than to leave?

[Mr Lidington]

The reason why, as my hon. Friend put it, I am “caveating” some of what I am saying is that although there was a negotiation at the summit on Monday, there has not yet been a final agreement. An effort is going to be made to reach a final agreement next week, and then my hon. Friend will be able to question the Prime Minister about the detail. I simply say to my hon. Friend—she and I differ on the question of EU membership—that the habit of working together within Europe to solve foreign policy challenges that cannot be met by any one European country on its own, not even the biggest and most influential, is a sign of health and a good reason for us to remain members of that organisation.

UK’s Relationship with the EU

Debate between David Lidington and Anne Main

Tuesday 2nd February 2016 Commons Chamber

[Mr Lidington]

That puts it very well. That is the choice that the British people will have to make. I am confident that the campaigns on both sides of the argument will strive to express their views along the lines that the hon. Gentleman suggests.

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

The big question that is going to be asked in relation to the referendum is about our right to self-determination. People tell me that they like the rules to be made by this Parliament, based on policies decided by this Government. Will my right hon. Friend confirm that the brake will be operational only at the will of the Commission, not at the will of this Parliament, and that the red card system will operate only with the permission of 19 other countries, not at the behest of this Parliament?

[Mr Lidington]

There would be a danger in having a unilateral red card for every single national Parliament. I can remember when the EU institutions forced France to lift its ban on the import of British beef. A unilateral power of veto would have enabled the Assemblée Nationale to continue the ban, irrespective of the scientific evidence.

My hon. Friend makes a fair point about people wanting to feel that we make our own rules, but the experience of countries that are not in the European Union, such as Norway and Switzerland, is that they have to implement the EU’s rules in order to access its markets, but do not have any say or vote in making those rules. That is part of the assessment that the public will have to make.

European Union Referendum Bill

Debate between David Lidington and Anne Main

Monday 7th September 2015 Commons Chamber

[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.

Commission Work Programme 2013

Debate between David Lidington and Anne Main

Monday 7th January 2013 Commons Chamber

[Mr Lidington]

My hon. Friend displays his usual prescience in these matters, because I was about to refer to the list that he recited. The Government welcome the inclusion in the work programme of a list of simplification measures, but we need to be vigilant to ensure that they deliver genuine savings for business. The list of 14 withdrawn proposals that the Commission has published is disappointing, because those measures are obsolete already or are due to be replaced by further proposals. The Commission needs to do much better than that to remove unnecessary or excessive legislation from the statute book, and not only the Government of the United Kingdom but the Governments of a significant number of other like-minded member states are committed to achieving that.

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

On the commitment to reducing the burden of these legislative measures, does the Minister have any idea of how many we would like to get rid of? Are we suggesting that anything is dropped instead of just waiting for the Commission to show us what it is proposing?

[Mr Lidington]

Yes. My right hon. Friend the Secretary of State for Business, Innovation and Skills keeps returning to this point. The working time directive is one example that the Prime Minister mentioned again in his television interview on Sunday. The best thing I can do for my hon. Friend is to undertake that I or one of my colleagues in the Department for Business, Innovation and Skills will write to her with more detail on this point.

A third important theme for the Government is safeguarding the United Kingdom’s interests as a sovereign state. As set out in the coalition agreement, we will not participate in the establishment of a European public prosecutor and the UK will not exercise its opt-in for this measure, which is proposed in the Commission’s work programme. Several other measures in the area of justice and home affairs will also trigger opt-in decisions. These will be considered on a case-by-case basis, with a view to maximising our country’s security, protecting civil liberties, preserving the integrity of our criminal justice and common law systems, and controlling immigration.

We also have concerns about subsidiarity in relation to a small number of items in the work programme, such as those with regard to standardising VAT forms throughout the EU. Parliament, of course, has an important role to play in this regard, not least in deploying the additional powers that it has under the Lisbon treaty to issue a reasoned opinion when it considers that a proposal is not consistent with the principle of subsidiarity.

I hope that today’s debate will set the tone for close consultation between Parliament and Government on European Union issues in 2013 and beyond. We consider Parliament’s role to be vital in strengthening democratic oversight of EU activity and, more broadly, in improving trust in the decision-making process between citizens, Parliament and Government, and fuelling a well-informed public debate on EU matters.

Of course, responsibility for most of the measures in the work programme lies with other Government Departments and not the Foreign and Commonwealth Office, but I will be happy to discuss further, both with the European Scrutiny Committee and departmental Select Committees, how best to engage in a deeper dialogue about EU issues during all stages of their development. The scrutiny of EU legislation by Parliament is vital to the robust functioning of democracy.

European Union

Debate between David Lidington and Anne Main

Tuesday 13th December 2011 Commons Chamber

[Mr Lidington]

There was a time when Labour leaders were prepared to accept that sometimes there was a need to stand out on their own in defence of British interests. Tony Blair said, when he opposed the introduction of an EU-wide tax on savings, that if we are isolated and we are right, that is the correct position to be in, but as we know, the Leader of the Opposition told his party conference:

“I am not Tony Blair”.

We have yet another example of that inheritance now being disavowed by those who were happy to serve when the opportunity arose.

[Mrs Main]

Will the Minister provide a little more clarity on one point? I believe that the British public do not expect the EU institutions to be used to deliver what they could not deliver under a treaty. Will he give his view on that? If the institutions can be so used, we have been sold a pup—we will have refused something only to be given it in a different manner and in a way that we have to accept.

[Mr Lidington]

I replied to that point at some length in response to my right hon. Friend the Member for Wokingham, and I have nothing to add to those comments.

European Union (Amendment) Act 2008

Debate between David Lidington and Anne Main

Wednesday 16th March 2011 Commons Chamber

[Mr Lidington]

My hon. Friend makes an important argument, which is probably somewhat outside the scope of the treaty change that we are debating today, but it will have been noted by those he wished to hear his comments.

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

We have touched on whether or not the Minister thinks our membership of the EU is a good thing, but we should ask the people whether they believe we should be in Europe. That is a question which, I am sorry to say, he has not answered.

[Mr Denis MacShane (Rotherham) (Lab)]

The Prime Minister did.

Oral Answers to Questions

Debate between David Lidington and Anne Main

Tuesday 15th March 2011 Commons Chamber

[Mr Lidington]

It is up to the elected Governments of individual countries to decide how to respond to the hon. Gentleman’s challenge. However, it is very much in the UK’s national interest that the eurozone finds a way to overcome its present problems and achieve financial stability and economic growth.

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

The previous Minister for Europe gave away £7 billion of our rebate. Was he sold a pup, or is the current Minister for Europe able to claw something back from that spendthrift way of spending our money?

[Mr Lidington]

I think that the previous Minister for Europe was sold a pup, although he was not helped by the fact that at the time his Chancellor and Prime Minister were not talking to each other, even about the figures that they used in those negotiations. I can assure my hon. Friend that in the negotiations on the new multi-annual financial framework, the Government will defend the British rebate, which we believe remains completely justified.

European Union Bill

Debate between David Lidington and Anne Main

Tuesday 1st February 2011 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

The first set of clauses under consideration in Committee this afternoon relate to the transitional protocol on Members of the European Parliament, which is covered in clauses 15, 16 and 17, and schedule 2. In sum, the provisions allow for a technical change that permits a temporary increase in the number of MEPs, including one additional Member from the UK.

It might be helpful to give some background to the protocol before turning to the detail on the clauses, so that colleagues on both sides of the Committee understand the context of our proposals. The European Union treaties, as amended by the treaty of Lisbon, provide for the allocation of 18 additional MEPs to 12 member states, including one additional MEP for the UK. The treaties also provide that the number of MEPs from Germany should be reduced by three. However, the treaty of the European Union, as amended by Lisbon, states that the European Parliament shall not exceed 750 members in number, plus the President, which makes a total of 751, and that no single member state will be allocated more than 96 seats. Before the Lisbon treaty, Germany had 99 MEPs. Its allocation has therefore been reduced to 96 seats to fit within the maximum number permitted by the treaties.

The TEU also states that the European Council shall adopt a decision establishing the composition of the European Parliament. Article 2 of protocol 36 to the treaties—on transitional provisions—reaffirms that and states that the decision

“shall be adopted in good time before the 2009 European Parliament elections”.

However, as the Committee will be aware, given the Irish rejection of the Lisbon treaty in its first referendum on the matter and the additional guarantees sought by Ireland in 2009 in the wake of that, there was a delay in the ratification of the Lisbon treaty by all member states—personally, I wish it had been more than a delay—and therefore a delay to the treaty entering into force.

As a result, and contrary to the relevant provision in the TEU, the 2009 European elections actually took place before any European Council decision was adopted. Those elections were therefore held in accordance with the provisions of the Nice treaty, under which the European Parliament comprises 736 MEPs.

The European Council had already agreed what to do in that situation. Back in December 2008, it agreed that, should the Lisbon treaty come into force after the 2009 European parliamentary elections, a transitional protocol would be agreed to permit those member states that gained MEPs as a result of the Lisbon treaty to elect their additional MEPs during the current European parliamentary term. This would mean that they would not have to wait until the next round of European parliamentary elections in 2014, when those changes would come into force automatically, in accordance with the treaty of Lisbon.

The arrival of 18 additional MEPs during the 2009-14 parliamentary term increases the number from 736 to 754—three more than the maximum permitted by the EU treaties, and transitional arrangements are therefore needed to enable the number of MEPs to exceed temporarily the limit of 751 laid down in article 14(2) of the treaty on European Union.

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

I thank the Minister for giving way on the statistics about the number of MEPs. Does he have any figures showing how much these additional MEPs are costing us while we wait for the correct number to be arrived at?

[Mr Lidington]

I am glad to be able to tell my hon. Friend that the cost of these additional MEPs will be provided for out of the European Parliament’s budget; no additional contribution is required from the United Kingdom or any other member state. That is perfectly right, and the European Parliament will already have made provision in its budget for these additional costs.

The European Council also agreed that the transitional protocol should provide that the three German MEPs who would no longer have a seat in the European Parliament would not have to stand down in the middle of their term of office, because it is not possible under the treaties to curtail an MEP’s mandate during a parliamentary term. In order to make the required transitional changes, the member states of the EU agreed to a transitional protocol at a limited intergovernmental conference on 23 June 2010, under the ordinary revision procedure. Although the ORP was used, the European Parliament had previously agreed not to convene a convention of representatives of the EU institutions, member state Governments and national Parliaments, because the European Parliament recognised the very limited scope of the proposed treaty change.

The IGC was convened in the margin of the Conference of Permanent Representatives—known as COREPER—with the agreement of Ministers of each member state. IGCs are occasionally convened in COREPER meetings for single-issue matters, such as the approval of appointments of judges to the Court of Justice, and one was used on this occasion because the treaty change in question concerned a single, time-bound issue already agreed by the Heads of Government and Heads of State at the European Council, rather than a more substantial renegotiation or re-opening of the EU’s treaties. I then announced to the House via a written ministerial statement on 6 July last year, at column 7WS, that the transitional protocol had been agreed.

As with any treaty change, the protocol now requires that all member states ratify it before it can enter into force. As I have already made clear in our earlier debates in Committee, it is for each member state, when it comes to any treaty amendment, to determine whether and how it carries out its own national procedures for approval and ratification. In the United Kingdom at present, any amendment to the EU treaties conducted under the ordinary revision procedure—as was the case here—can be ratified by the UK only if it is approved by Act of Parliament. This is set out in section 5 of the European Union (Amendment) Act 2008.

Parliamentary approval of the transitional protocol is therefore required by Act before the protocol can be ratified in the UK. Clause 15 of the Bill therefore provides for this parliamentary approval. Subject to Parliament’s approval, the legislation will of course require that any treaty change conducted under either the ORP or the simplified revision procedure would in future need parliamentary approval by Act. Since what we are debating is a technical change to the treaty that relates merely to the number of MEPs, and does not transfer any power or competence from the UK to the EU, it does not meet the requirements to hold a referendum. However, as the provisions in the 2008 Act require approval by Act of Parliament, we have decided to use them to seek the approval of Parliament. Section 5 of the 2008 Act would subsequently be repealed, as a consequence of clause 14, and replaced by the provisions in clauses 2 and 3 in any future decisions.

It is important to note that the additional MEPs are entitled to take their seats following the next European parliamentary elections in 2014 in any case, regardless of what the Committee determines this afternoon. The transitional protocol simply means that those people will be able to do that earlier than 2014, because the treaties would have provided for their election in 2009 had the Lisbon treaty been in force then, as was anticipated by the then Heads of Government and Heads of State. At the 2014 European parliamentary elections the additional MEPs, along with every other MEP, will be elected in the usual way, according to each member state’s practice. As none of the additional MEPs could take up their places until every member state had ratified the transitional protocol, the Government have continued with our predecessor’s approach, and we now seek Parliament’s approval to ratify this treaty change.

The protocol states that it will enter into force on 1 December 2010, provided that all the instruments of ratification have been deposited. Failing that, the protocol would enter into force on the first day of the month after the last member state ratifying the protocol had done so. Clearly we have passed that somewhat ambitious deadline already, and it is for each member state to decide whether, how and when to approve ratification. However, it is our intention to ratify as soon as possible, subject to Parliament’s approval. As I have made clear, we are discussing a short-term transitional measure, until the next European parliamentary elections, which are due to take place in June 2014. It does not transfer power or competence, and so does not require the people’s consent in a referendum, but it is a treaty change. As such, it requires the approval of this Parliament through primary legislation. I hope that members of the Committee will be able to approve this temporary measure.

--- Later in debate ---

[Mr Lidington]

I think that is a matter for the Electoral Commission. It advises that it has used the Sainte-Laguë method throughout, and in comparing electorates for each region it would have taken the Gibraltar electorate into account when making its calculation for the south-west. I undertake to double-check what I have just told the hon. Gentleman; if I have inadvertently led him up the garden path, I will of course correct that on the record, but I have confidence that the Electoral Commission has done its job properly.

[Mrs Main]

I am listening with profound interest to my hon. Friend’s remarks. Does he share my concern that, to the public outside, seemingly topping up the gravy train rather than culling it—perhaps expanding the size of the electorate for existing MEPs rather than increasing the number of MEPs—might not, in today’s environment of cuts, be met with a degree of approval?

[Mr Lidington]

The changes to the distribution of MEPs between member states arose from new calculations about the populations of the different member states. Just as we have boundary reviews from time to time in the United Kingdom to reflect the growth of electorates in some places and the reduction in others, it is right that such a process should take place at the European level.

My hon. Friend makes a more fundamental point in her intervention, in implicitly arguing that there should be a significant overall reduction in the number of European legislators. I understand that argument, and I am certainly very much in the camp of those who argue that the European Parliament, like every other European Union institution, should be looking to reduce its expenditure rather than expect it automatically to increase. I would say just one word of caution to my hon. Friend, though. One consequence of reducing the number of MEPs overall would be either that the representation of the smallest member states would disappear completely or, if they were allowed a guaranteed minimum number of MEPs, that they would be disproportionately over-represented compared with the larger member states. The larger member states, such as ourselves, would suffer the greatest cuts in our representation if the smallest were protected, and potentially see a reduction in our influence over the European Parliament.

--- Later in debate ---

[Mr Lidington]

It might be helpful if I set out in a little more detail the provisions in schedule 2, because it also deals with the procedures to be followed in the admittedly unlikely event that we were unable to fill the vacancy for the additional MEP by looking at the party lists as they were constituted in 2009.

As I have explained, clause 17 provides for the method of electing and returning the UK’s additional MEP. Schedule 2 provides a series of detailed provisions to be used when undertaking the process to return that additional MEP. As a first step, the regional returning officer for the designated region—in this case, the west midlands—would be required to identify which registered party would have won the additional seat in accordance with the results of the European parliamentary elections of 4 June 2009, as though that seat had already been allocated to the west midlands at that time. Since there were no independent candidates in the west midlands at the 2009 elections, the schedule provides only for allocation to a registered party.

The regional returning officer would then be required to identify from the registered party’s list of candidates at the 2009 elections the candidate whose name appeared highest on the list. In doing so, the returning officer has to disregard those people who have already been returned as MEPs, or who have since died. For example, if the registered party had proposed six candidates in an electoral region and the first three candidates on that party’s list had been returned as MEPs, the returning officer would identify the fourth candidate on that party’s list as the next person to be returned as an MEP. That person is referred to as the first choice.

Schedule 2 provides that the returning officer then has a duty to contact the first choice to ask whether he or she will provide written confirmation of their willingness and their ability to be returned as the MEP. The returning officer would also ask the first choice to deliver a certificate signed by, or on behalf of, the nominating officer of the registered party, confirming that he or she may be elected.

Schedule 2 further sets out the process to take place if the returning officer is unable to contact the first choice candidate or if that person confirms that, for whatever reason, they are unwilling or unable to stand, or if they do not provide the certificate required by law. In order to maximise the independence of the process, and to make it clear that there is no Government gerrymandering involved, it shall be at the discretion of the regional returning officer to determine the length of the “reasonable period” involved.

If there has been no success with the first choice candidate, the returning officer should identify the next name on the registered party’s list of candidates. This candidate is referred to in the schedule as the subsequent choice, and the returning officer shall repeat the same process with that candidate. This process will continue until either the seat is filled or there are no more names on the registered party’s list of candidates.

Schedule 2 then sets out what would happen if the first choice candidate provided the required documentation after the regional returning officer had determined that it was appropriate to move on to the next individual. In that case, schedule 2 provides that the so-called prior choice would have forfeited their opportunity because they had previously been given adequate opportunity by the returning officer to provide the relevant documentation within a reasonable time. They would have to wait to see whether the process could be completed successfully with the current candidate being approached by the regional returning officer. If the returning officer had no success with that subsequent candidate, the earlier candidate could be allowed at that stage to provide documentation and stake a claim.

The schedule then sets out the process to take place when a candidate has returned the required documentation to the satisfaction of the regional returning officer. The returning officer has to declare publicly in writing that that person should be returned as an MEP, prepare a public statement containing relevant information concerning the process, and send copies of both documents to the Secretary of State.

[Mrs Main]

The scenarios that my right hon. Friend has outlined are obviously hypothetical, but in a hypothetical scenario of, say, six candidates when three or four have been elected and the other two are, say, dead, what happens then?

--- Later in debate ---

[Mrs Main]

Will a set amount be put aside in the Budget every year as a contingency fund for the possible multiple referendums to which my right hon. Friend refers?

[Mr Lidington]

No. The matter will be decided at the time. We will not operate on a hypothetical basis—that there might or might not be a referendum in any particular year. We would make provision for it as and when required.

--- Later in debate ---

[Mr Lidington]

We have to do both. The two are not alternatives. Impact assessments are valuable, and they focus the minds of other European Governments, and of the groups representing industry in those member states, to become more active in pressing home their interests than is sometimes the case at the moment. The more transparency that we get in the European legislative process, the more likely it is that we will move towards the objective that both my right hon. Friend and I seek.

I would share with my right hon. Friend a wish to see the EU legislate less. There is too often a culture in the Commission that identifies a problem and then seeks a remedy in the form of new law. Non-legislative measures can often be more effective, and certainly less burdensome and complex, than legislative measures. That is something that my colleagues across Government are pursuing with colleagues from other countries who share our views on this matter, and we seek to encourage other countries to work with us to look for non-legislative ways of addressing problems and challenges, rather than looking for a new directive as the first resort every time.

[Mrs Main]

An impact assessment may work on EU law, but what about the gold-plating that goes on when the law is already passed; we seem to add to it in reams in this country?

[Mr Lidington]

That has certainly been a genuine problem, and it is a priority for the Reducing Regulation Committee, chaired by the Secretary of State for Business, Innovation and Skills, to address. The Government now have an established policy not to gold-plate. When we implement European legislation, we will be certain to do no more than is required of us by the words of the legislation. Ministers are now under an agreed political obligation to resist any attempt from within their Departments to add extra bells and whistles to what is required of us by a directive. We should do what our competitors and partners in Europe are doing and no more.