European Union Referendum Bill

Dominic Grieve Excerpts

Tuesday 9th June 2015 Commons Chamber

[Mr Hammond]

Let me complete my remarks on this section, and then I will come back to my hon. Friend’s point. I hope that I will clarify the matter for him.

Clearly, it will be for the yes and the no campaigns to lead the debate in the weeks preceding the poll. The campaigns will be designated by the Electoral Commission, and will receive a number of benefits, including a public grant and eligibility to make a referendum broadcast and to send a free mailshot to voters. I can assure the House that the Government have no intention of undermining those campaigns, and they do not propose to spend large sums of public money during the purdah period prescribed by section 125 of the Political Parties, Elections and Referendum Act 2000. A vibrant, robust debate in the best traditions of British democracy is in all our interests. If my hon. Friend’s concern is that the Government are thinking of spending public money to deliver doorstep mailshots in the last four weeks of the campaign, I can assure him that the Government have no such intention. The Government will exercise proper restraint to ensure a balanced debate during the campaign.

[Mr Dominic Grieve (Beaconsfield) (Con)]

I remember that one of the arguments that I made on my party’s behalf during debates on the Political Parties, Elections and Referendum Act 2000 was that the purdah period should be extended, not restricted. While I understand the points that my right hon. Friend makes, and while I expect that I shall argue for a yes vote in the referendum—although I shall wait on the Prime Minister’s renegotiation —we have to be careful to provide a level playing field and make it clear that the Government will not abuse their position. For that reason, I hope that the Government will focus on this issue. The change that is being introduced to legislation that we previously said was deficient in this respect could convey an impression that the Government will come in and try to load the dice, and that must be avoided.

[Mr Hammond]

I agree with my right hon. and learned Friend’s sentiments. I hope that he recognises that I have sought to reassure colleagues who have such concerns, and that the Government will continue to seek to reassure colleagues.

--- Later in debate ---

[Alex Salmond]

I know that many people in the Labour party find the argument about the difference between a country and a county or city very difficult. I advise the hon. Gentleman that there are many routes to revival for the Labour party in Scotland, but suggesting that Scotland is not a nation, or is equivalent to a city or a county, is not one of the best avenues. All the four component nations of the United Kingdom should be treated with equal respect.

The subject of respect comes to the issue of whether the referendum might be held on the same day as the Scottish, Welsh and, possibly, the Northern Irish elections. I am sure that Ministers on the Treasury Bench will have heard the huge opposition to such a proposal from all those nations, but that does not come only from representatives of those countries or even of London. It also comes from the Electoral Commission, which—last December—not only said that was a bad idea, but gave clear advice to the Government. It said:

“Any government introducing legislation for future referendums, not only in Scotland but also those held across or in other parts of the UK, should also publish at the same time its assessment of the implications of holding other polls on the same day. This will enable legislatures (including the Scottish Parliament and the UK Parliament) to consider the relative benefits and risks of the proposal as they scrutinise the referendum Bill.”

So the Electoral Commission recommended that should be done “at the same time”. We are now discussing the Bill on the Referendum. I ask the Minister for Europe where the assessment is that the Electoral Commission called for in such unambiguous language.

[Mr Grieve]

May I take the right hon. Gentleman back a moment to his arguments about the franchise? Is he arguing that prisoners should be empowered to vote in the referendum? If they should be in the parliamentary franchise, which arguably—under the judgment of the European Court of Human Rights—they should, that might be an argument for their inclusion, but I noticed that, when he was First Minister in Scotland and the matter was being debated here, the silence of his Administration on the subject was deafening.

[Alex Salmond]

The silence was action. The Government that I led defended in court—I am surprised the right hon. and learned Gentleman did not follow the proceedings of the Scottish courts on the matter—an attempt to enfranchise prisoners in the Scottish referendum, and we were right to refuse that. I merely pointed out that ex-prisoners in the House of Lords will be enfranchised by the Government’s proposals while fine, upstanding European citizens who have never done a thing wrong in their lives, such as Christian Allard MSP, are to be denied a vote. I am truly surprised that someone with such a liberal reputation—the right hon. and learned Gentleman may be the last liberal in the House—should make such a point. Perhaps he is campaigning for some Select Committee and trying to garner support from the Tory Benches.

Before the right hon. and learned Gentleman attempted to distract me, I was making an important point about the clear injunction—to use an English term—from the Electoral Commission that if a Bill for a referendum left open the possibility of holding elections on the same day, an assessment should be published at the same time. That was what the Electoral Commission said last December. Ministers have said that they are considering that, so where is the assessment that the Electoral Commission required to be published? Where is the Government’s assessment of the pros and cons of holding an election on the same day? It would be unacceptable to the people of Scotland, Wales and Northern Ireland to have the European referendum held on the same day as our national elections.

The Bill is badly based on nonsense and a contradiction. The Prime Minister, who is introducing the Bill—although he is not here with us today—does not actually want to withdraw from the European Union. Major constitutional referendums should be held on a proposition honestly held, whether for independence, devolution or proportional representation, and backed up by those proposing it. The Prime Minister proposes to hold the referendum as a political tactic, and that is the contradiction at the heart of the Bill. That is why there is so much suspicion already, not only among opponents of Europe but among proponents of Europe, and that is why the Bill should not be given a Second Reading later today.