European Union Bill

Debate between David Lidington and Lord Brady of Altrincham

Tuesday 25th January 2011 Commons Chamber

[Charlie Elphicke]

One concern that I have about using the referendum mechanism is that it does not contain thresholds. Recently we had before this House a Bill, which has become jammed in another place, where thresholds were discussed. Does the Minister not think that, in the case under discussion, thresholds might surely be worth considering?

[The Temporary Chair (Mr Brady)]

Order. That is outside the scope of the clause, which is about people who are entitled to vote.

[Mr Lidington]

I shall bear your guidance very firmly in mind, Mr Brady, and simply say that the Government do not propose to specify in this legislation any further thresholds on the turnout.

In response to my hon. Friend, I mentioned the Government’s reasons why the franchise should be extended, where relevant, to Gibraltar, but it is worth me explaining, because there has been some concern in the House, why people from the Crown dependencies and British overseas territories will not be included in the franchise. Very little EU law applies to the Crown dependencies, mainly because of the provisions of our Act of accession to the then EEC in 1972, and also because of the current provisions of the European Union treaties. By virtue of article 355(5)(c) of the treaty on the functioning of the European Union, the European Union treaties apply to the Crown dependencies, but only to the extent described in protocol 3, which provides that EU rules on customs matters and quantitative restrictions apply to the Crown dependencies

“under the same conditions as they apply to the United Kingdom”,

that the Crown dependencies are inside the EU customs territory and that certain aspects of the common agricultural policy are applicable to allow the free movement of agricultural products.