(12 years, 2 months ago)
Commons ChamberI do not expect the House to vote on all my amendments. There are some amendments that I will not press to a vote and amendment 16 is one of them. I will therefore conclude my remarks on that amendment.
Finally, amendment 61 is important. It touches on the issues of publicity, newspapers, media and different languages that we have already debated. We live in a United Kingdom that has devolved Administrations in Scotland, Northern Ireland and Wales. It is important that there is consultation with all parts of the UK and agreement over the conduct of the referendum. I therefore hope that amendment 61 is not controversial and will not be opposed by the Government.
My hon. Friend has not commented on the amendments that have been tabled by those on his Front Bench, which recommend an audit of the arrangements for the referendum by the Electoral Commission once it has taken place and, crucially, that the people of Gibraltar should have their votes declared separately and, as a result, clearly so that we can see how Gibraltarians have voted. I would welcome his assurance that he is sympathetic to the merit of those two amendments.
Of course I am sympathetic to those amendments. I have not commented on them because they have not been introduced by the Member who tabled them. I thought that it would be better to listen and to intervene at a later stage, if necessary.
I am happy to conclude by commending all my amendments to the House. I look forward to the consideration of the amendments that have been tabled by my hon. Friend the Member for Harrow West (Mr Thomas) and by other hon. Members.
No, I am going to make progress.
Amendments 5 to 7 and 84 propose arrangements for the referendum that would either duplicate or complicate arrangements that are set out clearly in existing primary legislation, namely the Political Parties, Elections and Referendums Act 2000.
Amendments 16, 64 and 65—
No.
Amendments 16, 64 and 65 propose detailed rules on the conduct of the referendum.
The hon. Gentleman has made his point. He knows that it is not a point on which I should rule from the Chair. The Minister has been speaking for only a minute or two. He is in the opening stages of his speech and I am sure that he will take interventions when it becomes appropriate.
Order. I am sure that the hon. Gentleman is well aware that he must stick specifically to the question in hand. The question proposed by the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) was one that requires only a short answer, and the hon. Gentleman may then resume his consideration of the amendments.
My hon. Friend has said that he will reference the amendments of my hon. Friend the Member for Ilford South (Mike Gapes), but may I ask him to comment briefly on the two amendments that I have tabled from the Front Bench? One stipulates that the results of any referendum in Gibraltar should be declared separately so that we can see how Gibraltarians voted and the second talks of the crucial need for an audit of the arrangements for the referendum, which the Electoral Commission might set out.
Indeed I was going to refer to those amendments. Suffice it to say that they are sensible. We need to learn lessons from a referendum, and it would be helpful to have that report.
On the earlier point, briefly, £50 is sufficiently high enough to create an incentive and to concentrate people’s minds. If it were any less than that, they might not bother to vote. If it were higher than that, it would be unreasonable. I must say I did pluck the figure out of the sky, but I thought that £50 was reasonable.
Martin Horwood
No, I will not, I am afraid. We need to make progress on this Bill today.
I am grateful to the hon. Gentleman and understand his appetite to move on. I hope that when he reaches the other amendments he might be willing to comment on the two that I have tabled. The first suggests that there should be a separate but linked declaration of the result in Gibraltar, and I hope he might be tempted to support that. I would also welcome his views on amendment 84, which suggests a post-referendum audit.
Martin Horwood
I am certainly more sympathetic to those amendments. The idea of an audit is, I think, a little superfluous. I am not sure that it is a bad idea, but I am also not sure that we need it in the Bill. We could leave it to the Electoral Commission’s good judgment.
Amendment 64 is more serious. We debated the subject at some length when we discussed the Conservative amendments on our first day on Report. There is a question about Gibraltar that has not been resolved by enabling Gibraltarians to vote in the referendum, which has now been incorporated into the Bill, because we still have the problem that Gibraltar is only a member of the European Union by virtue of its status as a British territory. If the UK and Gibraltar vote yes, we will have no problem. If the UK and Gibraltar vote no, it would be a catastrophe for jobs, the fighting of crime, the environment and so on, but it would not be a problem for Gibraltar’s constitutional position.
We have problems, however—I have not yet heard Ministers respond to them satisfactorily to defend the Bill—with what will happen if Gibraltar and the UK vote in different ways. If the UK votes to remain in the EU but Gibraltar votes no, I would assume that that would be taken as an indication of Gibraltar’s desire to leave the EU. Would we then accommodate that desire? Would we, for instance, pursue the Greenland option, where one territory from within a realm leaves the European Union? It would be interesting to hear what Ministers have to say in reply to that. If the reverse happens, and Gibraltar votes yes and the UK votes no, would we really proceed in effect to expel Gibraltar from the European Union against the clearly expressed wishes of the Gibraltarian people? What message would that send to Spain about our desire to respect the will of the people of Gibraltar in determining their own future? It would be good to hear the Minister’s replies on those two scenarios.
Let me conclude by talking about my amendment 65, which suggests the separate declaration that I think would be appropriate for any country that has voted to leave the UK, has formed an independent country or is in the process of negotiating such independence or holding a referendum on it. It is pretty clear which country I am talking about and I have obtained from the Library a copy of a document called “Scotland’s Future”, which was published in the past few days and contains some interesting aspirations, including for Scotland to remain a member of the European Union and to achieve independence, if it is voted for in autumn 2014, by 24 March 2016.
I am no expert on the Scottish independence debate and I do not know whether either of those aspirations is guaranteed—I suspect that neither of them is—but it raises the important question of what will happen if the Scottish people vote yes to independence and no to Europe. Will the Scottish Government pursue membership of the European Union even though their people have voted the other way? It will be equally bizarre if England votes no or yes by a narrow margin but Scotland tips the balance the other way despite having already voted to leave the United Kingdom. What would be the constitutional situation for England, Wales and Northern Ireland then? If Scotland votes yes to independence and to EU membership but the UK as a whole votes to leave the European Union, we will then have the bizarre situation of Scotland negotiating entry while the Government of the UK simultaneously negotiates exit. That is one of those timetabling issues that shows what an arbitrary and ill thought out notion it is to have a fixed deadline that cannot take account of changing political and constitutional realities, whether on the European scale, in relation to Scotland or in the United Kingdom.
Martin Horwood
I will not give way, because I have given way to the hon. Gentleman already and I think the Bill needs to make progress.
I will not press the amendment to a vote and I will not move it, but it raises important issues and I would like to hear the Minister’s response to them.
It is a pleasure to follow my hon. Friends the Members for Ilford South (Mike Gapes), for Derby North (Chris Williamson), for Poplar and Limehouse (Jim Fitzpatrick) and for Caerphilly (Wayne David). It was a pleasure to listen to the hon. Member for Cheltenham (Martin Horwood). It was somewhat surprising that the Minister was short in his comments; he certainly was not sweet in his comments. One noticeable feature of his contributions on Report has been the increasing fear he seems to be displaying of taking interventions, particularly from those on the Front Bench but also from Back Benchers.
Does my hon. Friend agree that that is doubly disappointing, given how much respect and high regard the Minister is held in?
My hon. Friend has made his point, and he is accurate.
I wish to speak to amendments 84 and 64 in my name. I may want to press amendment 64 to a Division.
First, let me address speedily the amendments tabled by my hon. Friend the Member for Ilford South. Although referendums are—in this country, at least—unusual, there have been several in recent years, and a noticeably higher number under Labour Governments. Not for us the dismissive attitude to some of the British people of Conservatives such as Boris Johnson—we instinctively trust the British people. Under Labour we had the 1975 European Communities membership referendum. We have had the various Scottish, Welsh and Northern Irish devolution referendums, and the referendum that proposed a devolution of powers to London—the Greater London authority referendum in 2000. We have also seen a number of referendums on directly elected mayors. There is a considerable amount of experience to draw on in getting any future referendums right.
Referendums are substantial undertakings. Their administration is a sizeable cost to the state. There is also substantial inconvenience to the public; schools get closed for the day. Rightly, therefore, great emphasis is placed on getting the conduct of the referendum right. We do not want to waste precious resources or the time of those involved. We need to ensure that the result is legitimate, valid and fair. With that in mind, a proper plan for the arrangement of the referendum is sensible. Clause 3(1) is helpful in that regard, but as my hon. Friend the Member for Ilford South pointed out, the absence of a timetable or deadline for the publication of the Electoral Commission’s report is problematic.
Does my hon. Friend agree that the single piece of legislation on Europe that centred powers in Brussels and led to the open market and the flood of immigrants that we have today was the Single European Act, which Mrs Thatcher signed and did not put to a referendum in this country?
My hon. Friend is right. The Conservative party has taken through this House and the other place a number of major pieces of legislation on Europe on which it has not wanted a referendum. One can only conclude that Conservative leaders in the past were more willing to stand up to their Back Benchers than the current Prime Minister is.
Let me discuss the amendments tabled by my hon. Friend the Member for Ilford South. Amendments 52 to 55 relate to the report that the Electoral Commission would publish under clause 3. As other hon. Members have said, the Electoral Commission’s recent report on the Bill, published last month, provided us with invaluable advice on the potential wording of a referendum question, and the consequential difficulties that the poorly worded question that the hon. Member for Stockton South (James Wharton) is proposing could cause. I do not want to dwell on that particular Electoral Commission report, but it is clear that further advice in the form of a report from the commission would be invaluable should a referendum go ahead.
The important reference back to the previous Electoral Commission report is that it had only almost four months to complete its work on what the question should be. It made it clear then that it was not long enough for it to offer the House of Commons a definitive view on the wording of the question, so the clear lesson that we need to draw in the context of this grouping of amendments is that it must be given longer to do its work. Amendment 55, implying a minimum six months being needed for the Electoral Commission to do its work, is clearly sensible. It would have been useful to hear a little more of the Minister’s thoughts on that particular amendment.
There is also the obvious point that such a report needs to be delivered in time for the advice in it to be given due consideration by the Secretary of State, and crucially by Members on both sides of the House. Therefore, I can see the case that my hon. Friend makes, in particular for amendment 55. We know that the Conservative party is divided on the timetable for this legislation. We had the amendment tabled by the hon. Member for Windsor (Adam Afriyie). Some want the referendum next year, others want—[Interruption.]
On a point of order, Madam Deputy Speaker. Fridays are for private Members’ business, and that is what we are dealing with today. Is it in order for the Government deputy Chief Whip to be orchestrating the hon. Member for Stockton South (James Wharton) in what he should be doing?
The hon. Gentleman appreciates that the Chair has power over many things and many people, but the Government deputy Chief Whip is not one of them.
As I was saying, following the amendment tabled by the hon. Member for Windsor, we know that the Conservative party is deeply divided on the timetable for any referendum. Some want it next year, others want 2017, and Foreign Office Ministers are not sure when they want it. Therefore, I understand why my hon. Friend the Member for Ilford South suggests different dates by which the Electoral Commission should report on the rules.
Amendment 6, tabled by my hon. Friend, refers to the broadcasting rights of the proponents and opponents during the election campaign. There is a clear British tradition of party political and referendum campaign broadcasts, and I understand that that is relatively unusual in comparative terms. This is in part because political advertising in broadcast media is prohibited in the UK. Indeed, the ban was the subject of a recent European Court of Human Rights case, which upheld the UK position. I understand that Ofcom is tasked with drawing up the rules regarding the allocation, length and frequency of referendum campaign broadcasts for commercial broadcasters with public service obligations. I acknowledge that the amendment takes particular care to highlight the importance of Welsh language broadcasts.
The amendment seeks to place on the face of the Bill clear provisions for a minimum of six broadcasts, with the possibility of 10 broadcasts, of 60 minutes in length. I am not sure why my hon. Friend has settled on 10. If he gets the chance to wind up the debate, perhaps he will say why. Is it, perhaps, because of who he thinks might want to appear in the 10 broadcasts? After all, no one is quite sure where the Foreign Secretary stands on Europe. This is the man who famously, while wearing a baseball cap, said that there were only 12 days to save the pound. He was wrong, but notwithstanding that flurry of Euroscepticism, some Conservative Members believe that he is part of the problem on Europe. Clearly, if the Foreign Secretary appeared in one of the broadcasts for either side, a less divisive figure would be needed to appear in the next broadcast. Perhaps the difficulties that the anti-EU campaign might face if there were not enough broadcasts are a further reason why my hon. Friend has suggested 10 of them. Imagine if it put up one of UKIP’s MEPs—it might provoke scrutiny of their low work-rate in Brussels.
I think that at least one broadcast during the campaign ought to focus on how the ordinary, hard-working people of this country would be affected. We know from CBI research that every UK household stands to take a £3,000 hit to their living standards if the Prime Minister’s reckless gamble to keep his party together results in a British exit from the European Union.
Why else might we need 10 broadcasts? Is it possible that the Prime Minister might want to feature in one? Perhaps he might want to dwell on the powers and competences he has repatriated back to the UK due to the treaty change he thinks is coming. As we do not know what powers and competences he wants to repatriate, it is hard to judge how successful he might be and therefore whether such a broadcast, and resulting opposition broadcast, would be necessary. We have tried at length, as has the hon. Member for Gainsborough (Sir Edward Leigh), to elicit from the Minister for Europe what powers and competences the Prime Minister wants to repatriate as a result of the treaty change he thinks is coming, but there has been absolutely no clarity from the Minister at all.
Perhaps a further reason for my hon. Friend’s advocating 10 broadcasts is to give the last Conservative Prime Minister to win a majority, John Major, the chance to speak in a referendum campaign broadcast. Yesterday he said that Britain will pay a “severe price” if it votes to leave the European Union, and that an exit could cost billions and leave the UK isolated internationally yet still required to implement EU regulations it had no part in framing. I could see him being an excellent choice for one of the 10 broadcasts that my hon. Friend suggests. One wonders why the current Prime Minister wants to take such a risk for Britain if this is anything other than a desperate effort to keep his party united.
One could imagine that a further reason a limit of 10 broadcasts is needed is that UKIP would want one of the no campaign broadcasts to dwell on the unnecessary expense—some £100 million to £150 million a year—of the Strasbourg Parliament, that expensive and unnecessary extra European parliamentary body that the French like so much and that they bullied John Major’s Conservative Government into accepting as the price for staying out of the social chapter.
Perhaps we need so many broadcasts in order to focus on the issues, such as the economic case for staying in Europe and the folly of the idea that we should try to be like Switzerland or Norway. We would certainly need a broadcast to focus on the benefits that EU membership delivers for co-operation on crime and justice matters across Europe. If we want to tackle the mafia-like gangs that control illegal immigration, we need cross-border co-operation.
I can see the case, then, for some broadcasts, but I am not sure, if I am honest, that we need to be quite as specific as my hon. Friend proposes. I think we can trust the broadcasters and the Electoral Commission to get this right. However, he has raised an important issue, which, along with many other important elements of this Bill, has so far been ignored by the Conservatives as the red mist of Euroscepticism has descended.
Let me raise a few points about my amendment 64, which I may want to press to a Division. We have already discussed on Report and in Committee many of the unique aspects of Gibraltar’s position with regard to EU matters and the proposed referendum—thankfully so, as Conservative Members had singularly failed to consider the Gibraltarian people in this matter before the Bill emerged from Lynton Crosby’s office. In fact, Labour Members are becoming increasingly concerned that the Minister for Europe is being insufficiently robust with his Spanish counterparts over Gibraltar, but that debate is rightly for another time.
As the House will know, in ordinary European parliamentary elections the results of voting in Gibraltar are included in the south-west region of the UK. My amendment suggests a provision to allow a change from this norm whereby for referendums only the results are published separately, allowing it to be clear and beyond doubt how the Gibraltarian people have voted should such a referendum go ahead. I cannot, in all honesty, foresee a great added expense in such an arrangement. I gently suggest to Conservative Members that adding such a provision to the Bill might go some way towards making up to the Gibraltarian people for the rather—dare I say?—rude way in which they were treated in this proposed legislation at the outset. I would have welcomed the Minister’s comments on the amendment, but I do not think he touched on it at all.
Amendment 84 suggests a proper audit of the arrangements and conduct of any in/out referendum. The hon. Member for Cheltenham has said that we can always learn from what has gone before, and he is right. I gently suggest that the amendment is a sensible provision for the Minister to reflect on.
I am grateful.
We repeatedly tried, as did Conservative Back Benchers, to ask the Minister for Europe what powers and competences the Prime Minister wants to bring back as a result of the treaty change that he says is coming. We got no clarity from the Minister for Europe; will the Foreign Secretary provide it now?
Mr Hague
The Prime Minister’s programme was set out clearly in his speech of 23 January, and his agenda is getting increasing support across Europe. It is time that the Opposition adjusted to the reality of the future and started to support it, instead of saying that uncertainty is being created in the British economy. They have neglected to notice that UN figures show that in the first half of this year, the UK attracted more inward investment not only than any other European country but than any other country in the world. That is the situation over which we are presiding. Labour’s is the policy of uncertainty. Labour Members are not even certain when they can resolve the uncertainty about their own policy! They have been unable to tell us about their own position on a referendum. After the shadow Foreign Secretary spoke on Second Reading, no one was any the wiser about whether Labour was in favour of the Bill, against it or indifferent to it. We hope that the Opposition will catch up in the future, as they did with the European Union Act 2011, which they treated with the utmost apathy, but have since come to support as part of our constitutional framework.
It is right for the people to be given their say. It is right for a British Government to seek a new settlement in Europe. It is right for us to put that on the statute book now. My hon. Friend the Member for Stockton South has been outstanding in putting the Bill before us. It deserves our support on its Third Reading today.
(12 years, 2 months ago)
Commons ChamberOn a point of order, Mr Speaker. I have evidence that the Foreign Secretary, possibly, and certainly the Minister for Europe, are not 100% committed to the 2017 date, and have already considered scenarios in which that supposed commitment could be scrapped.
I think the answer to the intervention is closely related to comments I want to make about the amendment tabled by my hon. Friend the Member for Windsor (Adam Afriyie), and by Opposition Members, which seeks to bring the date of the referendum forward from 2017, at the latest, to a date in 2014. In responding to those amendments, and accepting the good faith in which they were tabled—
I beg the hon. Gentleman’s pardon. He was hiding at the back. His question to the Minister for Europe two weeks ago was extremely pertinent. He asked when the Prime Minister—or perhaps the Minister—would reveal which powers and competences the Prime Minister wants to repatriate to the UK as a result of the treaty change that is coming. Two weeks ago the Minister would not answer his hon. Friend, so perhaps he will give us an answer today.
Oh dear, dear, Mr Speaker. Labour Members cannot think of something new today, so they just put on the old record and try to repeat it again. I am tempted simply to refer the hon. Gentleman to remarks I made last time we debated this Bill. I pointed out to him achievements that the Government already have to their credit in terms of significant reform of the European Union, from the first ever budget cut, to reform of the fisheries policy of a kind that Labour said it wanted during 13 years in office but was never capable of achieving.
Yet again, the hon. Gentleman has failed this morning to spell out whether his party and leader are prepared to commit themselves to giving the British people a final say over the terms of our membership of the European Union. [Hon. Members: “Give way!] I am giving the hon. Gentleman the answer I believe he deserves. He may believe that the right approach would be for the Government to spell out in 2013 precisely what terms Ministers in a future Conservative Government would hope to put to the European Union after the 2015 general election. I say only that if that is the sort of naive approach to negotiation he currently endorses, it shows why the Labour party so signally failed to achieve much while in office.
Let me return to the points I was addressing to my hon. Friend the Member for Windsor, and others who want to bring the referendum forward to 2014. First, I ask them to consider British circumstances in 2014. We will already have an important referendum on the future of Scotland in the UK. I believe it would be an unnecessary complication to that debate to have a European referendum as well next year. Secondly, I suggest to the House that we should bear in mind the European timetable. Next year there will be elections to the European Parliament and the appointment of a new European Commission. That period will entail a break from normal European business, during which it would simply not be possible to engage in the serious work of reform and renegotiation that so many people on both sides of the House and millions of our fellow citizens want to see.
The choice that the British people deserve is a choice between membership of the European Union on reformed and renegotiated terms or leaving. That is the right choice. I do not believe it would be possible to come to an informed view about that choice as early as next year. It is that understanding of the European context that has led the Government to propose a 2017 date.
It is a pleasure to follow my hon. Friend the Member for Derby North (Chris Williamson) and the contributions from my hon. Friend the Member for Glasgow North East (Mr Bain), my right hon. Friend the Member for Neath (Mr Hain), and my hon. Friends the Members for Ilford South (Mike Gapes) and for Sedgefield (Phil Wilson), and to have had the chance to listen to the contributions from the hon. Member for Windsor (Adam Afriyie) and more recently the hon. Member for Basildon and Billericay (Mr Baron).
I shall come to amendment 68, the lead amendment, in due course, but I begin with amendment 3 in the name of the hon. Member for Windsor. I pay tribute to him. Despite considerable pressure to present a façade of party unity, he has stuck to his guns and followed through on his determination to press for a referendum next year. I can immediately see three tempting reasons why the House might want to support the hon. Gentleman’s amendment. First, as the hon. Member for Basildon and Billericay reminded us, the whole House knows that the Prime Minister and many in the Conservative party are obviously on different pages with regard to Europe. Amendment 3 therefore offers us the chance to underline once again just how divided the Conservative party is on that great European obsession of theirs.
The second tempting reason to support the amendment is that if one believed that the Prime Minister will not or cannot repatriate sufficient powers and competences from the European Union to Britain, which I think is the view of the hon. Member for Stone (Mr Cash), through the treaty change that he believes is coming, and by the entirely arbitrary deadline that the Bill establishes, one might be tempted to think, “Well, let’s just crack on with a referendum next year.” The third tempting reason is that the pragmatist in all of us in the House today can recognise that the British and the European calendars are likely to be so busy in the run-up to the end of 2017 that the best time for a referendum might be next year.
If Labour forms the next Government, will they give the British people a referendum?
I do not know whether the hon. Gentleman attended the Second Reading debate. My right hon. Friend the Member for Paisley and Renfrewshire South (Mr Alexander), the shadow Foreign Secretary, clearly set out our position on the question of a referendum. Let me restate it for the benefit of the House. If there has been a significant transfer of powers to the European Union, of course we are committed to the principle of a referendum.
Indeed, that was the position of every one of the main parties in this House. The only party that has changed its position since is the Conservative party, and we all know that that is because the hon. Member for Gainsborough (Sir Edward Leigh) and other Conservative Back Benchers have bullied the Prime Minister into bringing forward this commitment now.
Let me go into a little more detail on the three tempting reasons to support the amendment tabled by the hon. Member for Windsor. All of us remember that the Bill and its 2017 end date is the Prime Minister’s best effort to bridge the chasm within the Conservative party on Europe. It is the product of the unprecedented Back-Bench rebellion against the Queen’s Speech earlier this year. I suspect that the hon. Gentleman and many of those who want to vote for his amendment either simply want to leave the EU or are quite frightened of UKIP. They know that the Prime Minister’s pledge is a stunt to keep them on board. Conservative councillors in the constituency of the hon. Member for Stockton South (James Wharton) certainly know it is a stunt. We have seen a three-line Whip, photos on College green, and Michael Green getting involved. It is just Lynton Crosby weaving away at the emperor’s new clothes so that the Prime Minister can put on the pretence of a united party.
Mr David Nuttall (Bury North) (Con)
Does the shadow Minister not accept that there are divisions on this issue in his own party?
With the greatest respect, I do not accept that. Both sides of the House, if they are being honest, recognise that the Bill, in the words of one of the Conservative councillors in the constituency of the hon. Member for Stockton South, is nothing more than a cynical political stunt.
I wonder whether the hon. Member for Windsor really thinks that the 2017 referendum will actually happen. I think that the Foreign Secretary possibly, but the Minister for Europe certainly, has already contemplated circumstances in which the commitment could be overturned. Perhaps it was that very fear that led the hon. Gentleman, like me, to read the Committee stage reports. Pressed by the hon. Member for Cheltenham (Martin Horwood) during the Committee’s second sitting on 3 September on the idea that negotiations might overrun the Bill’s 2017 timetable, the Minister for Europe began thus:
“I think that having a deadline in legislation usually focuses minds on the notion that negotiations cannot and should not be open-ended.”
That is a line that the Foreign Secretary would not be embarrassed by. It is a line of which Lynton Crosby would have approved.
So far, the Minister for Europe was sticking to the Conservative party line. But then the edifice began to crumble. He went on:
“Clearly, no Parliament can bind its successors”,
so why on earth do I have to be here on a Friday when I could be in Harrow helping my constituents if this is nothing more than a party political stunt? The Minister for Europe did not stop there, but went on:
“It is always open for new primary legislation to be introduced in a crisis”.––[Official Report, European Union (Referendum) Bill Public Bill Committee, 3 September 2013; c. 118.]
What we have there is the Minister for Europe quietly saying, “We might need to change this legislation”; quietly saying that the 2017 deadline is not an absolute after all; that legislation could be introduced to change it, or even, presumably, to scrap it. So yes, I am drawn to the amendment tabled by the hon. Member for Windsor, and want to reject the cynicism of the Prime Minister’s supposed pledge.
I come to the second tempting reason why I and other Labour Members may want to vote for the hon. Gentleman’s amendment. I share his scepticism that the Prime Minister will be able to deliver what the hon. Gentleman wants. The truth is that none of us knows what powers and competences the Prime Minister wants to bring back, because he has kicked that question into the deepest of long grass, called the balance of competences review.
And my right hon. Friend rightly points out that the Minister would not answer the question today.
I have searched high and low for a hint of what the Leader of the Conservative party might want to do on that question. As my right hon. Friend said, the Minister for Europe has been asked directly a number of times, and has not given a straight answer. The hon. Member for Gainsborough asked him directly, and did not get a straight answer either.
Does my hon. Friend believe that perhaps in the Prime Minister’s mind is the warning from Lord Heseltine that an in/out referendum would be a gamble because it would damage Britain’s attractiveness as an inward investment market?
One hopes that the Prime Minister might listen to the warnings of the former Deputy Prime Minister, and that he will listen to other business leaders who have warned about the uncertainty of a referendum.
But I come back to this search to understand what powers and competences the Prime Minister might want to bring back to the UK. The Minister for Europe will not give us an answer, so I read the Hansard reports of the Committee stage at great length, but there is no sign there either of what powers and competences the Prime Minister wants to bring back. In desperation, I faced up to the challenge of reading the speeches of the Minister for Europe. During all that time that I will never get back I fought the urge to sleep, and I am sure that, being the excellent boss he is, the shadow Foreign Secretary will now want to make sure that I get more than just a Christmas card in the post at the end of the year.
Having waded through the Minister’s speeches, I reached two conclusions: first, his civil servants are just finding him things to do. The speeches were not that different, although they were made in lots of different places. Secondly, and much more serious, I do not think he has a clue what powers and competences the Prime Minister wants to bring back to the UK.
Is it not the case that the Prime Minister is either unwilling or unable to say which competences he would like to repatriate because there is a question about his own competence, full stop?
I cannot speak for the Minister, only for myself, but some of us want something very simple. We want to be able to control our own borders, fishing, agriculture and courts, and we want to stop small businesses being hit by ever more regulation. That is very clear and very simple, and that is the renegotiation that we want.
I thank the hon. Gentleman for his intervention, and it is one of the reasons why I have always supported the campaign to get him on to his party’s Front Bench. I hope that the Minister for Europe has listened to the call for clarity from his Back Benches, and even at this point will intervene on me to tell the House what powers and competences he wants to get back.
I apologise to the hon. Gentleman, but I want to make a bit more progress on something in which I think he will be very interested.
The hon. Member for Windsor tabled his amendment before the European Scrutiny Committee had completed its task of reviewing the significance of the justice and home affairs opt-out decision, and all those responsibilities that the Government want to opt back in to. At paragraph 552 on page 148 of its report, it said that the Home Secretary had made it clear that the block opt-out was
“first and foremost about bringing powers back home.”
That is a view apparently shared by the Justice Secretary, who is also quoted in the report as saying that he regarded it as
“part of a process of bringing powers back to this country.”
But, sadly, the European Scrutiny Committee reached a very different conclusion. After examining a series of witnesses, it said:
“We see little evidence of a genuine and significant repatriation of powers.”
Given that the balance of competences review has dragged on and on, and will no doubt drag on some more, if the Minister for Europe cannot tell the House soon what powers and competences the Prime Minister wants to repatriate, the scepticism in his own party’s ranks, never mind throughout the country, will just grow and grow.
I am grateful to the hon. Gentleman for intervening on me to tell the Minister for Europe what he wants, but the Minister shows no signs of getting up to intervene and tell the House what powers and competences the Prime Minister wants to get back and whether they will meet the hon. Gentleman’s ambitions.
Thirdly, I suspect that the hon. Member for Windsor can make common cause with other Members who have tabled similar amendments to change the date of any referendum. My right hon. Friend the Member for Neath and my hon. Friends the Members for Ilford South, for Glasgow North East and for Derby North have suggested in amendment 77 that the period from July to December 2017, when Britain holds the presidency of the European Union, should be avoided. Surely that will be this country’s moment of maximum influence in Europe, when the Prime Minister of the day chairs the European Council and can set the agenda and force the rest of the European Union to consider Britain’s priorities. At that moment the Conservative party would have all the machinery and influence of Government focused not on fighting Britain’s corner but on fighting Tory Eurosceptics. It is diplomatic nonsense. It is not worthy of a Foreign Secretary supposedly serious about fighting for our national interest.
As the amendments tabled by my hon. Friend the Member for Ilford South, amendments 21 to 27, and his speech underlined, the complete lack of flexibility in the Bill over dates for a referendum is surprising. In Committee the hon. Member for Cheltenham set out the perfectly plausible possibility that negotiations on treaty change might be ongoing as the Bill’s arbitrary deadline approached. Indeed, in Committee the Minister half accepted that such negotiations, involving many countries and considerable complexity, could still be taking place, but he was not prepared to allow any flexibility in the legislation. Ministers could be in the middle of crucial negotiations, but rather than concentrating on completing them just when they are in their most sensitive stage, they would have to switch all their attention from fighting Britain’s corner to fighting a referendum campaign. How on earth could such a situation be in the national interest? Is not the truth that the fruitcakes are not in UKIP; they have just been gobbled up by Ministers.
Despite my sympathy for what I think are the motivations of the hon. Member for Windsor, I cannot recommend support for his amendment. Given that for 40 of the past 41 months since the Conservative party took power prices have risen faster than wages, as a country we should be spending the next year concentrating on improving living standards, increasing the number of well paid jobs and tackling energy bills. A referendum next year, or indeed in four years’ time, would make that task harder as a result of all the uncertainty it would bring.
Consultation with a wider field of national bodies and local government, as amendment 68, tabled by my hon. Friend the Member for Glasgow North East, suggests, might have enabled the Prime Minister to withstand the pressure from the Tory right over timing. Why was a referendum later in the next Parliament ruled out? There does not appear to have been any input in that decision by any recognised national or local grouping, yet the Bill rules out such flexibility. Is not the truth that too many Conservative Members, because they do not trust the Prime Minister on matters European, are unwilling to trust him on the issue of a referendum beyond the halfway point of the next Parliament?
Let us consider the merits of amendment 68. When the Prime Minister decided to take the risk of allowing Britain to leave the European Union, at a potential average cost of £3,000 to the living standards of the British people, there was probably no one in the room who was not a member of the Conservative party, apart from Lynton Crosby. There was no one else to give the Prime Minister a view on whether a referendum might be in the national interest, or indeed, if a referendum were in the national interest, how it should be conducted and what information should be available when it took place.
On the amendment tabled by our hon. Friend the Member for Glasgow North East (Mr Bain), does my hon. Friend not agree that this consultation is extremely important and necessary, given that the Bill has not been treated, as it should have been, as a constitutional Bill, with pre-legislative scrutiny and an opportunity for evidence-taking? We must have the amendment; otherwise, we will never know what enormously important stakeholders in this country believe.
My hon. Friend makes an extremely important point, as indeed has our hon. Friend the Member for Glasgow North East. She points to the consultation deficit that is implicit in the way the referendum has been brought forward.
Nobody seriously doubts that a referendum will inject uncertainty into British economic life, putting at risk our constituents’ jobs and opportunities for higher living standards. The amendment offers the prospect of serious voices from outside the narrow confines of the Conservative party contributing to the debate on whether a referendum might be held and, if so, when and how. They would be calmer voices than those of Conservative Members terrified of losing their seats. When there is increasing talk about the possibility of interest rates rising, it is hard to believe that the Prime Minister is willing to risk such a huge cut in the living standards of the British people—£3,000 a year per household, according to the CBI—simply to try to maintain the fiction of unity over Europe among Conservative Members.
New schedule 2, tabled by my hon. Friend the Member for Glasgow North East, specifically suggests that the CBI should be consulted. I would welcome that, because a dose of realism about the stakes involved in a decision to leave the European Union is sorely needed. Any debate on whether, when and in what circumstances a national referendum should be held should surely be informed by contributions from those recognised as representing some of the major interests and communities in the UK.
My hon. Friend is making a powerful case. Does he agree that a strength of amendment 70, also tabled by our hon. Friend the Member for Glasgow North East (Mr Bain), is that it would flush out hidden agendas, because it is apparent that behind the notion of repatriation lies a desire to move down the path towards Beecroft Britain? Our country cannot succeed on the basis of a race to the bottom on pay and conditions.
My hon. Friend makes a good point on the case for amendment 70 and the real motivations behind the Conservative campaign to get us out of Europe.
My right hon. Friend the shadow Foreign Secretary said on Second Reading:
“Any judgment about an in-out referendum on the UK’s membership of the European Union has to be based on what is in the national interest.”—[Official Report, 5 July 2013; Vol. 565, c. 1180.]
A formal consultation with the organisations listed in new schedule 2 could certainly help the whole House, and Conservative Members in particular, reach a more rounded consideration of the circumstances in which a referendum would be in the national interest. It is far from clear that on matters European the Conservatives are able to reach a rational judgment on what is in the national interest, so consultation with a range of organisations beyond the 1922 committee may help us all.
We have heard from some Conservative Members about their dislike of the idea that business should be consulted formally. That is extraordinary: Conservatives turning away from business voices in this debate. Perhaps it is because one part of the business community, TheCityUK, last month published research into the views and mindset of captains of the financial services industry on the issues we are discussing in these amendments. It revealed that over 40% of those surveyed agreed that the prospect of a referendum on the UK’s membership of the European Union in 2017 has created an uncertainty that is affecting decisions in their business. Over a third said that it was likely that their firm would relocate at least some of its headcount from the UK to a location within the single market if Britain left the European Union. That is just one part of the business community.
I am not going to give way.
That is just one part of a critical national interest that should be consulted on whether a referendum should be held and, if so, when, underlining the risk the Prime Minister is creating of British jobs being lost to France, Germany or some other country in the single market as a result of his wanting to sleepwalk out of the European Union.
I have given way to Government Members a number of times and I want to conclude my remarks.
My hon. Friend’s amendment lists a whole series of sensible organisations that have a view on the arrangements for the referendum. He has excluded one group, but his catch-all line on other bodies that the Secretary of State might see fit to consult would perhaps allow for ex-Prime Ministers. Both recent Labour Prime Ministers could offer sound advice to the Conservative party on Europe, and it would appear that the most recent previous Conservative Prime Minister could offer it sound advice too.
My hon. Friend’s amendment ought not to have been even remotely necessary. I welcome the fact that he tabled it and look forward to his winding up the debate, but I say gently to the Minister for Europe that he really needs to give this House some clarity soon about what powers and competences the Prime Minister wants to bring back to the UK as a result of the treaty change he believes is coming.
Mr William Bain (Glasgow North East) (Lab)
This has been a very interesting and timely debate. Sadly, nothing we have heard from the hon. Member for Stockton South (James Wharton)—the promoter of the Bill—or from the Minister who speaks for the Conservative party but perhaps not for the Government has dissuaded me from my view that we need to test the opinion of the House and ensure that this debate is not simply an issue for different factions of the Conservative party but involves the proper consultation of wider interests in this country before the date for a referendum is set.
As the debate has continued, we have seen increasingly clearly the number of jobs and the amount of prosperity that would be put at risk if the voices of businesses, trade unions, farmers, environmentalists, universities, the voluntary sector, local government and other institutions throughout our society are not listened to. These bodies have a strong interest in remaining part of the European Union and in seeing the benefits of the single market continue for decades to come.
We heard short speeches from the hon. Members for Basildon and Billericay (Mr Baron) and for Windsor (Adam Afriyie)—
I beg to move amendment 72, page 1, line 7, leave out subsection (4) and insert—
‘(4) Before making an order under subsection (3) the Secretary of State shall conduct a consultation lasting not less than six months on what question should appear on the ballot paper, and shall by order set out the question to be asked.’.
With this it will be convenient to discuss the following:
Amendment 35, page 1, leave out lines 8 and 9 and insert
‘Should the United Kingdom remain a member of the European Union?’.
Amendment 36, page 1, leave out lines 8 and 9 and insert
‘Should the United Kingdom remain a member of the European Union or leave the European Union?’.
Amendment 37, page 1, line 10 , leave out ‘version’ and insert ‘translation’.
Amendment 38, page 1, line 11, after ‘order’, insert
‘after consultation with the National Assembly for Wales and the Welsh Assembly Government.’.
Amendment 39, page 1, line 11, at end insert—
‘(5A) In Scotland, a Gaelic translation of the question is also to appear on the ballot papers, as provided by order, after consultation with the Scottish Parliament and the Scottish Government.’.
Amendment 40, page 1, line 11, at end insert—
‘( ) In Northern Ireland, a Gaelic translation of the question is also to appear on the ballot papers, as provided by order, after consultation with the Northern Ireland Assembly and the Northern Ireland Executive.’.
Amendment 71, page 1, line 12, leave out subsection (6) and insert—
‘(6) An order under this section shall be made by statutory instrument.
(7) An order under subsection (3) may not be made unless each House of Parliament has passed a resolution that the referendum shall take place on a day specified in the resolution and the day specified in the resolution is the same as in the order.
(8) An order under subsection (5) may not be made unless a draft of the order has been laid before, and approved by, a resolution of each House of Parliament.’.
I am grateful to the Speaker and to you, Madam Deputy Speaker, for selecting amendment 72, which concerns the crucial issue of the wording of the proposed referendum question, as do amendments 35 to 40, tabled by my hon. Friend the Member for Ilford South (Mike Gapes). I also hope to speak to amendment 71, tabled by my hon. Friend the Member for Glasgow North East (Mr Bain). My amendment 72 seeks to ensure there is a consultation about what the question appearing on the ballot paper will actually say.
If there were any doubt about whether this Bill was anything other than a party political stunt, we had the spectacle of the Conservative party chairman attacking the Electoral Commission when its statement about the question came out. He attacked it for raising concerns about the wording of the question to be put in any referendum. As I understand it, the Conservative party backed the establishment of the Electoral Commission as an independent force in British politics to help to enforce proper standards in the way that elections and, crucially, referendums take place. Now, because the Electoral Commission’s work produces some inconvenient truths, the Conservatives seek to rubbish it.
One would have thought that the whole House would recognise that if we are to have a referendum, we need to present a clear, impartial question that favours neither one side of an argument nor the other, in order to allow the British people a genuine choice. The great deficiency of this Bill is the lack of consultation with anybody before it emerged from Lynton Crosby’s office. The problems that the Electoral Commission has identified could have been ironed out before now if there had been a proper consultation. It is clear from the Electoral Commission’s work so far that we do not have clarity about what, in its view, the question should be, that the wording in the Bill as it stands is not appropriate and that further work by the commission to test the most appropriate options is necessary.
Given my hon. Friend’s background, I am sure that he, too, will have thought of this, but given the equal status of the Welsh language in Wales, is it not also important in any consultation that this matter be considered before the question is decided, because of the possibility of confusion in the translation of the question?
Just to be clear, I was not talking about Welsh speakers elsewhere in the UK, because the Welsh Language Act 1993 would not apply there and the question would therefore be in English only. However, where the Welsh language has equal legal status, surely the question should be considered in both languages before it is decided on.
My hon. Friend makes an accurate point. My point was simply that all Welsh speakers, wherever they reside, would want to ensure that the translation of the question into Welsh in Wales was properly thought through and consulted on—a point he makes extremely well.
My hon. Friend the Member for Ilford South has done the House a service in tabling the other amendments in this group.
I did not intend to intervene, but given that my name was taken, I feel I have to—[Interruption.] No, not in vain—and not in Welsh, either. What my hon. Friend the Member for Harrow West (Mr Thomas) mentioned was the purpose of my amendments, which relate not just to Wales, but to the Gaelic language with regard to Scotland and to the need for consultation. If I have the opportunity, I will introduce my amendments later today or perhaps next week.
My hon. Friend makes an important point. I have more knowledge and a higher comfort level when it comes to speaking about the concerns of Welsh speakers than of those who speak Gaelic, but I recognise that my hon. Friend, in drawing the House’s attention to the issue of Gaelic translation, is making an extremely important point. Both my hon. Friends, the Members for Cardiff West (Kevin Brennan) and for Ilford South, who have intervened thus far have, through their specific points—including one I have raised a number of times—essentially made the broader point that there has been a huge consultation deficit with this Bill. That is most unlike the way in which referendums usually take place. It is sad, if I may put it this way, that my hon. Friend the Member for Ilford South has had to seek to address particular aspects of that consultation deficit by forcing the Minister for Europe and, indeed, the Bill’s sponsor, to consider the issue of Welsh translation and of Gaelic translation, too.
Let me come back to the broader point I was making about the need for proper consultation with the Electoral Commission and the need for sufficient time to allow that commission to do the thoughtful work that all who have an interest in this referendum want it to do. My concern is that the further work that the Electoral Commission has said in its statement is necessary would not be available to the House of Commons to discuss.
It is true that the further work of the Electoral Commission might be available for the deliberations in the other place. It is possible that the other place might amend the Bill, in which case it could come back to this place, but there is absolutely no guarantee that the other place would pass an amendment to this particular part of the Bill, allowing this House, the primary Chamber, to consider the Electoral Commission’s further work. It would be some irony, would it not, if the other place were left to make the key decisions on a Bill that is being presented as the chance to win back powers for the House of Commons?
We know how important it is to get potential referendum questions right. There was protracted and lengthy debate in Scotland about the wording of the question for the referendum that is due to take place next year. After proper consultation had taken place there, the First Minister was forced to back a new form of words. Hon. Members will also recall the debate surrounding the wording of the most recent referendum to take place across the whole of the UK—the alternative vote referendum, which asked the electorate whether they preferred the alternative vote system over the traditional first-past-the-post electoral system.
I suspect that some of us will find it less comfortable than others to recall the result of that referendum. However, as the hon. Member for Cheltenham (Martin Horwood) noted in Committee, referendums are sometimes nothing like as clear-cut as the EU referendum was and can instead be decided by “minute percentages”. The referendum on whether Quebec should stay part of Canada, for example, was decided by less than 1% back in 1995. It is absolutely vital to consider carefully the wording of the question. It is also vital to ensure that we have a fair process to determine what the question should be and that we think through the psychological impact that a particular form of words might have on the question.
My hon. Friend makes an important point about the situation in Quebec. Does he also recognise that a significant degree of debate and concern was expressed before, during and after that referendum about the very wording of the question, which resulted in the Canadian House of Commons having to pass a clarity Bill about referendum questions and how they should be considered by Parliament?
My hon. Friend has studied his Canadian history, and the House is better informed as a result. I suspect that we need some form of clarity Act to try to encourage the Minister for Europe—or, indeed, the Foreign Secretary—to set out what powers and competences they want the Prime Minister to repatriate back to the UK after the treaty change that they say is coming. We are in the dark because neither the Minister for Europe nor the Foreign Secretary will tell the House—nor will the Prime Minister. Hopefully, a clarity Act is not needed in the context of the referendum question, but I hope that my hon. Friend’s point about the Canadian clarity Act might finally jog the Minister for Europe into some action and clarity about the broader issues before us.
The Political Parties, Elections and Referendums Act 2000 set out a number of important changes to how we do politics in our country—in particular, the regulation of referendums. Under the 2000 Act, the Electoral Commission, that much respected independent body responsible for supervising and implementing the regulatory framework of our electoral system, has a statutory responsibility to report on the intelligibility of a question included in a referendum Bill. [Interruption.] I see that the Minister for Europe is getting advice from the Whips in the form of the former Parliamentary Private Secretary to the Prime Minister. One hopes that the Minister is being passed information about the Prime Minister’s intentions on powers and competences.
On a point of order, Madam Deputy Speaker. May I ask for your guidance? Is it in order for a Government Whip to be standing up having a long, detailed conversation with the Minister while my hon. Friend is moving his amendment?
As the hon. Gentleman knows, that is not a point of order. I expect that the hon. Gentleman in question meant to be sitting and will do so from now on.
For the avoidance of doubt, I should say that I took no offence. Anything that can be done to enlighten the Minister for Europe about what the Prime Minister’s question might be on the crucial issue of the powers and competences that he wants to repatriate to the UK can only be helpful.
I was focusing on the work of the Electoral Commission, which was established by the 2000 Act. It has the crucial statutory responsibility to report on the intelligibility of a question included in a referendum Bill, as soon as is practicable, once it has been laid before Parliament. What we are discussing is the Electoral Commission’s ninth such referendum question assessment report; it has done sterling work on a series of other referendums. It is worth our reflecting on those.
The Electoral Commission was asked to assess the intelligibility of questions for the 2011 referendum on the powers of the National Assembly for Wales; for the 2011 UK-wide referendum on the parliamentary voting system, on which I would rather not dwell; for a range of local government referendums that have been held in England since 2008; and, of course, for the forthcoming referendum on independence for Scotland. This is the first time the Electoral Commission has undertaken an assessment exercise for a question included in a private Member’s Bill. However, there can be no doubting the experience of the commission in judging accurately what the referendum question should be, given its extensive previous involvement in eight other referendums.
The provisions for the holding of a referendum to be included in a private Member’s Bill are extremely unusual.
The Electoral Commission is probably not the only organisation looking on in confusion at the strange road down which the Prime Minister and the hon. Member for Stockton South (James Wharton) have decided to travel.
I will give way in a second.
My hon. Friend the Member for North Durham (Mr Jones) makes a good point. Although I will listen with particular care to the comments of my hon. Friend the Member for Ilford South about amendment 35, I suggest that my amendment is more appropriate. We should not be second-guessing the Electoral Commission. We should ask it to complete its work and give us a clear sense of what the question could be. The Electoral Commission found that changing the wording in the way suggested could also reinforce the importance and significance of the referendum as a formal mechanism for seeking consent from the electorate. Apparently, the Electoral Commission felt that there was a risk that some people would not understand that the referendum was a formal exercise taken seriously by the Government. Quite why so many members of the public should feel that the Prime Minister’s referendum proposal is not a matter to be taken seriously is beyond me. Perhaps my hon. Friend the Member for Caerphilly (Wayne David) wants to share some information on that.
Going back to the definition of “country”, if, God forbid, Scotland decided to break away from the Union, would the reference to the United Kingdom still be valid?
I hope that that scenario is not presented to us, but we would clearly need to ensure that the appropriate consultation took place about any necessary changes to the referendum proposal. We know from the comments from the Minister for Europe, provoked by the hon. Member for Cheltenham, that he is not wedded to the 2017 date and can imagine situations in which the legislation might have to be scrapped or amended. Perhaps the scene that my hon. Friend has just painted is a further example that the Minister for Europe had in mind.
Perhaps those questioned by the commission could sense the more than slight disparity in the views of Government Members and the less than steadfast commitment to a referendum from the Government parties’ Minister for Europe. The Electoral Commission’s research shows that some people felt that “Do you think” sounded more like an opinion poll than a binding vote. It is for others to say whether it was with opinion polls in mind that this whole exercise was initiated by the hon. Member for Stockton South, Lynton Crosby and the Prime Minister.
The Electoral Commission recommended that the opening phrase “Do you think” should be replaced with the word “Should”. The commission has considerable expertise in this area, as I have already set out. Indeed, the commission has a range of other duties on referendums under the Political Parties, Elections and Referendums Act 2000, including registering organisations or individuals that want to campaign in a referendum, monitoring spending on referendum campaigning in line with referendum spending limits, and acting as the chief counting officer for the referendum. As it has such duties, the commission is clearly the go-to organisation for all things referendum. The Opposition take its guidance extremely seriously. When the Minister responds to the debate, I would be interested to hear whether he is likewise prepared to stand up to the chairman of the Conservative party and take the considered views of the Electoral Commission on board.
The other key amendment tabled by my hon. Friend the Member for Ilford South deals with another problem identified by the Electoral Commission, concerning making the question clearer and improving understanding. The Electoral Commission’s research found
“low levels of contextual understanding of the European Union, with some participants having no knowledge of the European Union, or the status of UK membership of the EU, at all.”
Importantly, the issue about which we should be concerned is the fact that many participants in the Electoral Commission’s research felt that the question
“was misleading because it does not make clear that the United Kingdom is currently a member of the European Union.”
We know that that is an issue of great concern to the Conservative party. An article in The Mail on Sunday during the summer told us that frantic negotiations occurred behind closed doors as the Prime Minister bowed to Eurosceptic pressure—again, one might say—and revised the question so that voters would be asked whether the UK should “be” in the EU rather than “remain”, as in the original wording. Apparently, Conservative Eurosceptics, desperate to give their position on the referendum an edge, wanted the question to be less clear—an extraordinary ambition. I have absolutely no idea whether the piece in The Mail on Sunday is accurate, although the journalist who wrote it is not known for being wrong too often. I gently suggest to Government Members that the Mail’s piece underlines the fact that if they want to present this proposition as less of a stunt in future they must take seriously independent advice about how the question should be drafted. The 1922 committee or Lynton Crosby’s office are not the places to be doing such drafting.
While the Prime Minister may be getting bullied again by his noisy and impatient Back Benchers, Labour Members believe that we should listen to the Electoral Commission’s recommendation that the final question on the ballot paper should clearly reflect the UK’s current position within the European Union. If we are to have a referendum, the question should make it clear that the UK is already a member. We see no benefit of shrouding the issue or being purposefully unclear to the electorate. The Electoral Commission identifies a risk of there being ambiguity in the question, with the consequence that it might be misleading to some voters. Labour Members take that considerable concern seriously.
A question to the electorate that would be less ambiguous would be whether the UK should “remain” a member of the EU. The Electoral Commission found that many people felt that the question was asking them whether the United Kingdom should become a member, rather than remain a member, and thought that they were being asked to vote on the UK joining the European Union. Importantly, even those who were aware of the UK’s status as a member of the European Union agreed that the question in the Bill might be misleading. We have already had a referendum on whether the UK should join the European Union. It was proposed not in the manifesto of the Conservative party, nor in that of the Liberal Democrats, but in a Labour manifesto. The referendum was set out in a Labour White Paper and put to the electorate by a Labour Government. By tabling amendment 35, my hon. Friend the Member for Ilford South is trying to avoid causing some voters to think that they are back in the 1970s. He wants to ensure that the question in any referendum that we might have is not misleading in any way.
My hon. Friend makes an important point about amendment 35, but does he agree that amendment 36 would not pass the ambiguity test? Amendment 36 proposes the question:
“Should the United Kingdom remain a member of the European Union or leave the European Union?”,
but it is almost impossible to answer that on a ballot paper in a referendum.
To pick up on the intervention made by my hon. Friend the Member for Cardiff West (Kevin Brennan), the Electoral Commission said that if Parliament decided to go with a proposal that was not a yes-or-no question, the most neutral question would be the one that he thinks is misleading:
“Should the United Kingdom remain a member of the European Union or leave the European Union?”
Does my hon. Friend the Member for Harrow West (Mr Thomas) have a view about that?
My view is reflected in amendment 72. I hope that my hon. Friend will understand if I do not dwell on his point, because I want to accelerate through the remaining points in my speech.
Through amendment 36, my hon. Friend the Member for Ilford South proposes a question that gives an accurate position of the UK’s status in the EU and allows voters clearly to see the options open to them. It reflects the recommendation of the Electoral Commission, should Parliament wish to look beyond a yes-or-no question. The commission’s research highlighted the view that that question would provide equal weighting to the words “remain” and “leave”, which was thought to improve the neutrality of the question. Indeed, the commission found that question to be the “most balanced and neutral” of the options it tested, so we should take that clear recommendation on board. Its report said of the question:
“All participants understood what they were being asked and were able to answer it in the way they had intended.”
One might wonder whether that is not precisely what we want to achieve.
Given the limited time the Electoral Commission had to compile its report, there is a need for further consultation on and testing of the wording of the referendum question. The commission noted that
“it was not possible in the time available to fully explore and user test the impact of any variations to the wording”.
It would like further time for research and, especially, to consult potential referendum campaigners. Amendment 72 would build on the provisions of the 2000 Act, which led to this first useful report from the commission, by allowing further consultation to uncover any further problems in the wording of possible questions and to suggest what the wording should be.
My hon. Friend has made the point that the Electoral Commission has said that the wording in amendment 36 provides that balance. However, does he agree that, using the approach that was tried in the Welsh referendum on devolution in 1997, the problem could be overcome by means of wording such as, “I agree that the United Kingdom should remain a member of the European Union” or “I do not agree that the United Kingdom should remain a member of the European Union”? The questions would be clearly set out and voters could tick a box, whereas it would be difficult to tick a box to answer the question as stated in the amendment.
I hear the concerns of my hon. Friend. I do not have a particularly strong view at this stage on the point that he makes. My argument is that there needs to be further consultation by the experts, the Electoral Commission. That is the most sensible way forward. That seems to us on the Opposition Front Bench the minimum that should be required to get the question right. We should hear further from the Electoral Commission, and I would welcome the Minister’s views on that.
Let me underline our view that it should be a matter of concern to the whole House that there might not be time for the House of Commons to consider further the consultation work that the Electoral Commission plans to undertake. Again, I have a high regard for the other place, but it is this Chamber which is subject to the will of the people, and it is this Chamber which might be excluded from debating the Electoral Commission’s further conclusions. We should have more consultation.
Lastly, amendment 71, in the name of my hon. Friend the Member for Glasgow North East, would force a referendum to be confirmed by all Members of the House instead of that decision being delegated to a Committee. That is surely a sensible suggestion. It would be useful to hear the Minister’s views on it. All Members should take responsibility for a decision of such magnitude. It is a decision about the living standards of the British people, after all.
Unless the Minister for Europe performs oratorical feats that he is not yet known for on European matters, I intend to press amendment 72 to a Division, but before that I look forward to the contributions of other hon. Members and of the Minister.
On a point of order, Madam Deputy Speaker. In relation to the Electoral Commission’s advice to Parliament, can you clarify whether the Bill’s sponsors have made any late attempt to amend the question contained in the Bill, in view of the clear recommendation from the commission that they should do so?
I will leave that to my hon. Friend the Member for Stockton South, if he wishes to respond as the promoter of the Bill. We have a clear example within the past two years of a referendum that has been conducted in the UK, including within Wales. I do not recall any instance in that context when people in Wales protested that the wording in the Welsh language was in any way misleading. That question was based on the use of the term “Welsh version” in the parent legislation.
With regard to Scots Gaelic, we are dealing here with a UK-wide referendum. We have, under specific legislation, provision for UK elections and UK referendums to include a Welsh language version of the questions or party names on the relevant ballot papers. There is no equivalent in UK legislation for Scots Gaelic, Irish Gaelic or any other language to be used in that way, so, again, the provisions in the Bill are completely in line with normal precedent as regards UK practice in legislation.
Finally, there is the important category of amendments on the wording of the question, which draw upon the Electoral Commission’s recent report. It is important to bear in mind how the commission went about its work and the tone with which it presented its report. It carried out 103 interviews with individuals and received representations from 19 individuals and organisations. On the basis of those consultations and its own analysis, it concluded that the Bill met most of the tests that it would normally expect any referendum question to meet. It did not put forward an alternative wording but, rather usually, suggested—I use the term deliberately—two possible alternative wordings. There was no suggestion anywhere in its findings that the question drafted by my hon. Friend the Member for Stockton South was misleading or in any way designed to be unfair, but it suggested that Parliament might like to consider some alternative forms of words.
With all due respect to the Minister, the Electoral Commission’s view is crystal clear. It stated:
“We recommend that the wording of the proposed referendum question included in the European Union (Referendum) Bill should be amended to make it more direct and to the point, and to improve clarity and understanding.”
Surely he read that sentence.
If the hon. Gentleman goes back to the report, he will see that the commission stated very clearly that it believed that the question drafted by my hon. Friend met pretty much all the tests it would expect. There was a debate on the degree of clarity, and the commission drew attention to the fact that there were different views among the people they consulted and from whom they received representations about both my hon. Friend’s wording and the various options that the commission invited Parliament to consider.
Mr Bain
My hon. Friend hits the nail on the head. Throughout the entire passage of the Bill, neither the hon. Member for Stockton South nor the Minister representing the Government or the Conservative party—hon. Members are not sure about his status—have been able to answer the important questions about the implications of a yes or a no vote. Neither has there been any indication of the precise date on which the Government propose to hold the referendum.
As I said, from my experience in Scotland, that issue is critical. It is not simply a matter of process; it will come into the heart of the entire debate. I do not believe that leaving the Bill in its current form, and letting it give the Executive the powers that it does, does this country or Parliament any service. It is important that we improve the Bill, putting in clearer safeguards for Parliament and the country.
On the amendments tabled by my hon. Friends the Members for Ilford South (Mike Gapes) and for Harrow East.
Mr Bain
My apologies; it is important to be able to distinguish between east and west.
The wording of the question is critical. In the 1975 referendum, specific reference was made to the UK staying in the EEC, as it was. There was a further clarification by means of the insertion of the words “Common Market” after “the European Community” in the referendum question. The Electoral Commission has identified that the question under consideration, in its current form, could create an ambiguity in the minds of an important group of voters, who might believe that the European Union was completely different from Europe or from what we are engaged in at the moment. The Electoral Commission’s advice should be taken carefully by the hon. Member for Stockton South and the Government.
As has been mentioned, the wording of the question is critical. In the Quebec referendum of 1995, when the proposers of separatism argued that a question could be framed around the word “sovereignty”, that generated an outcome of less than 1% in favour of those who wished to remain part of Canada. In Scotland, we saw a politically motivated process with the question as drafted being corrected by the Electoral Commission and other political opinion, which held the Executive to account. If the hon. Gentleman is to make any kind of persuasive case for a referendum, he simply must engage with the arguments that the Electoral Commission has made. The commission has said that there is a danger that his question, which is endorsed by the Conservative part of the Government, is too ambiguous, and that needs to be resolved by this House and potentially by the other place in future proceedings on the Bill.
My hon. Friend is making a very good speech, using all his European and referendum experience. Can he remember any other referendum situation in the UK where the Government proposed, as the Minister for Europe did in his speech, to ignore the Electoral Commission’s clear advice that the question needs amending?
No. By the standards of the Conservative party, we have a moderate, reasonable Europe Minister in his place on the Front Bench, who has over the years given serious consideration to most people’s point of view on issues related to Europe. It surprises me that a man of his calibre is doing not only the work of being a very good Europe Minister, which he is, but the dirty work of the Conservative party, giving the impression that as a reasonable man he is disregarding the important qualifications set out by the Electoral Commission.
Finally, any question of leaving the European Union should point out that such an exit would have to be negotiated. Perhaps the question should be, “Should the UK negotiate its exit from the European Union under article 50 of the Lisbon treaty?” Any such question should make clear reference to the fact that we are already in the European Union, and the question should be whether or not we remain in the European Union.
(12 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mark Simmonds
I thank my hon. Friend for articulating the concern of many people both inside and outside this House, across the United Kingdom and in Gibraltar. It may be helpful if I give the House the most up-to-date information and the facts. It was not a Spanish naval vessel that went into British territorial waters, but a Spanish-owned oceanographic vessel. It did not get to the entrance of Gibraltar harbour, but was about 250 metres from it. It needs to be reiterated that an escalation of this matter is in nobody’s interest. A political solution to the dispute is required. Of course nothing is taken off the table. We constantly review the naval presence in and around Gibraltar, and we are certainly doing so now. We are keen to return to the ad hoc talks, from which the current Spanish Government withdrew in 2011, involving both the British and Spanish Governments and also the Government of Gibraltar.
I congratulate the hon. Member for Bromley and Chislehurst (Robert Neill) on securing this urgent question. I rise now to underline the deep concern on the Labour Benches that further Spanish ships entered British Gibraltar territorial waters yesterday without authorisation and stayed for more than 20 hours. Spain is our ally in NATO and on the world stage and is often our ally in the European Council, so its actions on Gibraltar are even more reprehensible in that context. The Spanish Government should be in no doubt that both sides of the House share the anger about yesterday’s events.
Will the Minister tell the House when he or other Ministers became aware of the Spanish ship’s incursion into our waters yesterday, and whether any effort was made during the 20 or more hours the ship was in our waters to contact officials or Ministers in the Spanish Government to demand that the ship be ordered to withdraw?
I welcome the decision by Ministers yesterday to again summon the Spanish ambassador. Is the Minister or the Foreign Secretary planning further calls to their Spanish Government counterparts to underline the seriousness with which this latest action is viewed? Gibraltar cannot and should not be used by Spain’s Government to score cheap political points.
The Chief Minister of Gibraltar is quoted as saying that he has discussed the possibility of more senior assets of the Royal Navy being put at the disposal of the commander of British forces in Gibraltar. Will the Minister give us more information on those discussions and tell us whether he has had, or intends to have, further talks with the European Commission on the ongoing delays at the border?
Finally, the Minister made brief reference to the Spanish Government having pulled out of the trilateral forum in 2011. Does he see any sign of the Spanish accepting the need to return once again to the use of that sensible diplomatic channel for discussions?
Mark Simmonds
The hon. Gentleman asked a series of questions. I first became aware of this incursion yesterday morning. The House will not be surprised to learn that there were contacts between the British Government and the Spanish Government to encourage the Spanish Government to ensure that the vessel was removed from British Gibraltar territorial waters. I can give the hon. Gentleman an assurance that, as far as I am aware—this was the situation when I came to the House to answer the urgent question—the vessel had not returned to British Gibraltar territorial waters as was its intention yesterday, so those contacts have had some impact. The discussions about whether the naval presence in and around Gibraltar is correct are ongoing and the hon. Gentleman will not be surprised that I will not go into the detail at this stage. We are also in constant contact with the Government of Gibraltar to ensure that the information being provided is available to the Governments of both the UK and Gibraltar.
Let me also address the point that the hon. Gentleman made about the European Commission and its role in trying to settle this political dispute. He will be aware that the Commission visited the border on 25 September and will not be surprised to hear that there were few delays during that visit. The Commission has committed to monitoring the situation and possibly to returning in six months’ time. We continue to provide evidence to the Commission about what we believe is the unlawful Spanish activity. We also urge the Spanish to implement the recommendations made by the Commission to the Spanish Government about how they can improve ease of access across the border. Those recommendations are to optimise physical space on the Spanish side, including increasing the number of vehicle lanes; to carry out more targeted checks, particularly as they relate to the significant problem of tobacco smuggling; and to develop a mechanism to exchange information with the United Kingdom specifically to target tobacco smuggling.
(12 years, 3 months ago)
Commons ChamberNo, I am sorry, but I do not. I think the whole question of a referendum is a very important one that this House should look at, but it is a major constitutional issue that should have been introduced with a Green Paper and had a pre-legislative inquiry. It should have been taken seriously because it would totally change the nature of Europe and our role in Europe. It is unseemly and furtive, and not at the level of great parliamentary democracy, to try to use a private Member’s Bill to bring this forward.
Until we discussed this issue in Committee, the Government seemed unaware that Gibraltar had this special status and had a vote in the European elections. Often when we take part in a Bill Committee, we realise that we do not do a lot that changes anything, but in this case we made the Government aware of the special status of Gibraltar, and that is why this is a common-sense new clause.
My hon. Friend rightly says that Ministers and, indeed, the Bill’s promoter, completely forgot about Gibraltarians in this context. He will remember from his time in Committee that they refused to accept our amendment that would have given Gibraltarians the right to vote in any referendum. Does he have any intelligence as to why there has been this U-turn on the part of the Bill’s promoter?
I have been in this House long enough to be grateful for small mercies, and we did, after all, get a change. As I said, it is very unusual to do something in a Bill Committee that one can remember as being quite creative.
It was an unusual Committee, Mr Speaker. I was in full flow at one stage, and when I turned to look at the Public Gallery, the Prime Minister was sitting in on the proceedings. This is a very special Bill—
Thomas Docherty (Dunfermline and West Fife) (Lab)
I am most grateful to you, Mr Speaker, for calling me to speak in this debate.
As I am sure the hon. Member for Stockton South (James Wharton) will recall, I intervened on him to raise the issue of Gibraltar when we first gathered here on a Friday to discuss this Bill. I think I am accurate in saying that he was rather dismissive of my concerns about the people of Gibraltar and accused me of merely trying to wreck the Bill. I very much welcome the fact that he has had a conversion along the way from here to the Whips Office to get his instructions and back again, and now supports giving the people of Gibraltar the right to take part in this referendum.
We heard an excellent speech from the hon. Member for Romford (Andrew Rosindell), who is one of the leading experts on the overseas territories. I was slightly disappointed, however, that he did not explain the precise reason why it is vital for Gibraltar to have its voice in the referendum. The reason is that under the treaty of Utrecht, which—he may correct me—took place in 1713, the United Kingdom has ownership of Gibraltar for as long as we and the people of Gibraltar should wish it, but should we ever renounce our ownership of the Rock, ownership automatically passes back to Madrid. Therefore, under the treaty, the people of Gibraltar have no ability to seek their own independence. If they were not given their chance to have a say in the referendum, if the United Kingdom chose to leave the EU, they would be placed in the ridiculous situation of having to choose whether they wished to remain part of the European Union or to become Spanish.
That is why I very much welcome the fact that eventually, after six months, the hon. Member for Stockton South and his colleagues have accepted the argument that I tried to make back in July. I look forward to his explaining why it has taken him so long to come to the conclusion that was obvious to us at such an early stage.
Thomas Docherty
I fully agree. You will recall, Mr Speaker, that on Wednesday evening we had a debate about the use of explanatory statements. As I think the House knows, I was a little sceptical about the mandatory nature of that proposal. However, I must confess—as I said, I am not as much of an expert as the hon. Member for Romford—that it would have been helpful in this case, because yesterday there was some genuine confusion about the amendments, with several hon. Members seeking guidance from the Clerks, the Library and elsewhere. I am disappointed that the hon. Gentleman did not explain why that particular line was included in the new clause. Does he wish to provide an explanation?
Martin Horwood
The hon. Gentleman again makes a good point. It is the future of those young people that we are debating. This issue is even more important in respect of this referendum than in respect of the wider franchise. In elections, people can change their mind after five years and kick out the Government. This decision will last a generation. The more young people we can involve in the decision, the better.
I will draw my remarks to a close. Important issues are finally being tackled in the amendments that relate to Gibraltar, but they do leave questions unanswered.
The hon. Gentleman has understandably focused the majority of his remarks on Gibraltar on the entitlement of its people to vote. May I bring him back to new clause 1 and the intention of the Bill’s promoter to refer to the Colonial Laws Validity Act 1865 in the Bill? Does he think it would be helpful if the Minister explained to the House why it is necessary to have a piece of outdated, colonial legislation in the Bill?
Martin Horwood
I have already invited the Minister to comment on the new clause in general. In fact, I should really call him the right hon. Member for Aylesbury in this context, not the Minister, since he is not speaking on behalf of the Government. We should be mindful of the issues raised by including such colonial legislation in the Bill, although the hon. Member for Harrow West (Mr Thomas) is probably technically incorrect in calling it outdated, as I believe it is still valid legislation. As I said earlier—
I am following very clearly the Minister’s attempted explanation for why subsections (2) and (3) should be written into the Bill. Essentially, I am struggling to understand why he thinks there might be some problem with Gibraltan law preventing the smooth running of a referendum in Gibraltar. Is not the reference to the Colonial Laws Validity Act 1865 a bit of overkill?
No, it is not overkill. This is a sensible piece of legislative drafting designed to put it beyond the risk of any misunderstanding or misinterpretation that the underlying constitutional relationship would remain undisturbed, despite the specific and exceptional provisions of the Bill. I would say gently to the hon. Gentleman that if he looks back at the Committee proceedings, he will find that his predecessor as shadow Europe Minister, the hon. Member for Wolverhampton North East (Emma Reynolds), was among those arguing and tabling amendments to extend the franchise to people in Gibraltar through the vehicle of this Bill.
I am trying to respond to the hon. Gentleman. As I have said, I have reflected carefully on the points made in Committee by hon. Members on both sides of the House.
No. I have consulted the Chief Minister and have concluded that I should give my support and endorsement to the new clause tabled by my hon. Friends the Members for Stockton South and for Romford (Andrew Rosindell). It ill behoves Opposition Front Benchers to try to retreat from a new clause that seeks to give effect to something that they themselves were proposing in an amendment, which was extremely technically deficient, in a debate in Committee.
No, I will not.
The hon. Member for Ilford South has tabled many different amendments. He acknowledged that they cover a wide range of issues, which are perfectly legitimate, about the extent of the franchise in the UK. He proposed in one amendment that the UK franchise should be extended to prisoners and in another that the franchise—
I am replying to the hon. Member for Ilford South. He proposed amendments that seek to—
I am responding to the hon. Member for Ilford South. I am sure that the hon. Member for Harrow West (Mr Thomas) will have a chance to catch Madam Deputy Speaker’s eye in a few minutes if he wishes to go over again the points that were made in Committee.
The hon. Member for Ilford South raised the question of extending the franchise for UK expatriates beyond the 50-year maximum, which would be the effect of at least one of his amendments. He also proposed altering the general election franchise, in effect, to include European citizens as well as UK and Commonwealth citizens. All those are legitimate questions for debate but the purpose of the Bill is to apply the UK’s general election franchise terms to the proposed referendum.
As I hinted, Madam Deputy Speaker, I suspected that I would be tempted to drift away. Thank you for reining me in, as my natural enthusiasm for this subject overtook me.
It is important that young people should have the chance to vote on these vital issues. British citizens living abroad should also have that chance to vote, because they will be affected by Britain’s opt-out, wherever they are living in the EU. EU citizens living in Britain also should have the chance to vote. I hope that I have made my points clear. Notwithstanding my concerns that a vote to remove Britain from the EU would be a great mistake, if we are to go down the route of having a referendum, we must ensure that it is fair and that the franchise is as wide as is reasonable to ensure that nobody feels excluded or cut out from this important decision.
It is a genuine pleasure to follow my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier). We have had a really interesting debate, with a helpful opening contribution from the hon. Member for Romford (Andrew Rosindell), who is not in his place at the moment, and similarly helpful contributions from my hon. Friends the Members for Huddersfield (Mr Sheerman), for Dunfermline and West Fife (Thomas Docherty), for Ilford South (Mike Gapes) and for Glasgow North East (Mr Bain) and the hon. Member for Cheltenham (Martin Horwood). Indeed, the Minister’s contribution was enlightening on some things, although not on others. Of course, there was the short but rather special contribution from the hon. Member for South Norfolk (Mr Bacon), too.
I shall speak to amendment 63, in my name, and to amendments 80 to 82, in the names of the hon. Members for Stockton South (James Wharton) and for Romford. These amendments relate to the electoral arrangements for the people of Gibraltar in the proposed referendum. I welcome the fact that Government Members have belatedly taken steps to address this rather glaring hole in their proposals. An apology might have been in order on behalf of the Conservative party, as it was a rather astonishing omission for Government Members to forget the people of Gibraltar in the referendum equation. Indeed, as the Bill’s promoter and Conservative Members consulted so few people before the Bill popped out of Lynton Crosby’s office, I suppose that I should not be at all surprised that the people of Gibraltar were not consulted before the Bill saw the light of day.
Perhaps this is not the only such occasion that Government Members have allowed the people of Gibraltar to slip their minds, but at least, thanks to the contributions of my hon. Friends the Members for Wolverhampton North East (Emma Reynolds), for Ilford South and for Huddersfield and the hon. Member for Cheltenham, this issue was addressed in Committee. Sadly, despite being awakened in Committee to the concern about the omission of the Gibraltarians from the Bill’s franchise, the Minister for Europe and, indeed, the Bill’s promoter have been silent on this problem in the intervening weeks. So it is only now, thankfully, at this the eleventh hour, that it seems that Government Members have seen the light and are prepared to address this anomaly.
Does my hon. Friend think it strange that the hon. Member for Romford (Andrew Rosindell) moved—belatedly, as my hon. Friend says—the new clause to enfranchise the residents of Gibraltar, but that even though he has called for overseas territory residents to have direct representation in the House, he should not feel it fit to add them to the new clause?
I am sure that my hon. Friend is aware that, as late as 23 October, the Minister with responsibility for Africa and the overseas territories gave the impression to European Committee B that he thought that people in Gibraltar would have a vote. He subsequently had to write to me on 30 October to correct that impression and to point out that the Minister was still considering the situation. Even though the issue has been there for some time, my hon. Friend is quite right to say that the Government—I suppose it is the Government who are responsible—have belatedly come to this view.
My hon. Friend makes a helpful contribution by acknowledging the further mistake of Foreign Office Ministers in relation to Gibraltarians.
I have read the reports of the debates on the Bill in Committee, and I say gently to the Minister for Europe that what my hon. Friend the Member for Wolverhampton North East most certainly did not do at any point during those proceedings was to suggest that provisions of an 1865 Act—legislation that was used for bullying the colonials—should be added to the Bill.
New clause 1, on which so little light was shed by either the mover of the amendment or the Minister, took me back to my masters studies at the London School of Economics, where I was fortunate enough to study imperial and commonwealth studies. I cannot remember a seminar touching specifically on the Colonial Laws Validity Act 1865, which is referred to in subsection (3) of the new clause, so I did a little reading up about that Act over the past 24 hours. The Minister may want to reflect further on whether reference to the Act is strictly necessary.
I ask the House to consider what possible problem there might be with Gibraltar law that would stop the smooth running of a referendum in the way that the hon. Member for Stockton South and others on the Government Benches want. What is there in Gibraltarian law that has sparked the concern that the potential legislative requirements of the Bill might be usurped by anything that the Gibraltarians already have on their statute book? I gently suggest to the Minister and to the promoter of the Bill that including reference to the Act is overkill and a further snub to the people of Gibraltar, after the hon. Gentleman forgot to give them the right to vote in the referendum in the first place.
Given the lack of clarity from the Minister when he referred to the matter earlier, would it not be appropriate for the House to divide on new clause 1 so that we can be clear that we are voting for its provisions, in order to avoid any ambiguity for the future?
It is for hon. Members in all parts of the House to make their own judgment on that. Given that the Minister has already spoken and has shown no sign of wanting to intervene on me to clarify the position in relation to the 1865 Act, I look forward to the hon. Member for Romford or the promoter of the Bill, when winding up the debate, giving us a little more clarity about what causes such concern that the Act needs to be added.
In my time as a Member of Parliament, I cannot remember another piece of legislation that needed provisions of the Colonial Laws Validity Act 1865 added to it. Perhaps the Minister or the Bill’s promoter could illuminate the House with details of when the Act was last used and when its provisions were last added to a Bill. In that way, some of my concerns and some of those of my hon. Friend the Member for Ilford South about the necessity or otherwise of the Act’s provisions might be addressed. The last thing we want is to over-regulate the Bill, as I fear the Minister and the hon. Member for Romford might be seeking to do.
For those in the House not familiar with the situation with regard to Gibraltar, it is, as my hon. Friend the Member for Dunfermline and West Fife made clear, a British overseas territory which has been ruled by Britain since 1713 under the terms of the treaty of Utrecht. Gibraltarians are British citizens. They elect their own representatives to the territory’s House of Assembly and our British monarch appoints a governor. Gibraltar is self-governing in all areas except defence and foreign policy, and it is home to an important British military garrison and naval base. The particular difficulty thrown up by the Bill is that should a referendum take place under the original terms of the Bill, a vote in Britain to leave the European Union could occur without the people of Gibraltar having any say at all in this huge constitutional change. The people of Gibraltar would be entirely disfranchised—ignored, in effect.
Thanks to the CBI’s work earlier this week, we know that the Prime Minister is willing to risk the possibility of a £3,000 drop in the living standards of the British people were Britain to leave the European Union. I fear that there would be an even bigger hit to the living standards of the citizens of Gibraltar if the Prime Minister’s reckless gamble, all because his party is so divided, were not to pay off. Taking away from Gibraltarians the benefits of European Union membership without giving them any say in the matter would be a cruel act against them by this Parliament.
There is certainly precedent for the inclusion of Gibraltarians in British votes concerning Europe. As I think the hon. Member for Romford and certainly the hon. Member for Cheltenham made clear, the European Parliament (Representation) Act 2003 provides for Gibraltar to be enfranchised for elections to the European Parliament. As many hon. Members may recall, the Act required the Electoral Commission to propose a region in England and Wales with which the citizens of Gibraltar could participate in European parliamentary elections. The region chosen was the south-west. I understand that in European elections since that Act Gibraltarians have been enfranchised appropriately and have taken part enthusiastically in those elections. Indeed, they will have the opportunity to vote again with the south-west region in the upcoming European elections next May.
Given how deeply divided the Conservative party is on Europe and how little influence Tory MEPs have, I hope that Gibraltarians will vote Labour, and that they will remember that it was only because of the intervention of Labour’s Front Bench in the form of my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) and certain Back Benchers—I should give an honourable mention in dispatches to the hon. Member for Cheltenham—that their situation got any recognition at all.
After the Committee stage of the Bill had begun, my hon. Friend the Member for Wolverhampton North East wrote to the Chief Minister of Gibraltar explaining why she had tabled amendments to the Bill over the summer. The Chief Minister recently wrote back to her suggesting a slight tweak to the amendments. That is why her amendments were withdrawn earlier this week and I tabled amendment 63 to probe further the intentions of the Bill’s promoter and the Minister. I welcome the fact that, albeit very belatedly, the Bill’s promoter has tabled amendment 80. Given that the Minister for Europe has confirmed his support for that amendment, I do not intend to press my amendment to a Division.
I turn to the amendment in the name of my hon. Friend the Member for Glasgow North East. My hon. Friend the Member for Ilford South referred at some length to the amendment, too, as well as to his own similar amendment regarding the position of the citizens of Britain’s overseas territories. Britain has some 14 overseas territories encompassing a diverse range of cultures and communities across the world. They range from the tiny Pitcairn Island, with its 47 inhabitants, to Bermuda, with a population of over 62,000.
Some overseas British territories will be particularly familiar to Members in all parts of the House; others less so. The Falkland Islands, for example, is well known to many in this House and is itself very familiar with the business of referendums. At the referendum on the sovereignty of the Falkland Islands this March, 99.8% of its people voted to remain a British territory. An astonishing turnout of 92% meant that only three votes were cast against the Falkland Islands staying with the UK. One could not then argue that Falkland islanders were disengaged with the political process. Yet should this Bill become law, the Prime Minister will be putting at risk the benefits that the Falkland islanders get through Britain’s membership of the European Union. I say again that we know from the CBI’s work this week that the Prime Minister is putting at risk more than £3,000 of every British household’s income in order to try to hold his party together.
I am not sure whether my hon. Friend, who is a London MP, takes The Northern Echo newspaper, but I recommend it to him. The Deputy Prime Minister has this morning rightly congratulated Nissan on its new generation of vehicles, but he has also pointed out that if we leave the EU, Nissan’s investment would go, too.
I apologise to the editor of The Northern Echo because I do not take the paper regularly, although I have heard it is a very good read. I am aware that Nissan’s boss has said that if the UK leaves the EU, the company would have to reconsider its future strategy and investments. It is astonishing that the Prime Minister is willing to put at risk Nissan’s investment. I suspect that if Britain exits the EU the risk for the living standards of Falkland islanders, like those of Gibraltarians, will be even greater than that for British households.
Does my hon. Friend agree that it is not just Nissan’s investment that will be put at risk, but Hitachi’s excellent new investment in the north-east of England for making trains? Does he also agree that it is ironic that, when the groundbreaking ceremony took place at the Newton Aycliffe site last Friday, the hon. Member for Stockton South (James Wharton) showed up for a photo opportunity? It is blatant that if this Bill progresses and we leave the EU, that investment and those jobs would not be in the north-east.
Order. Obviously, lots of things are said in this Chamber, but I am duty bound to point out that the hon. Member for Stockton South has been present for most of the time and that he informed the Chair that he needed to pop out for a few minutes. Although speculation is rife, I am sure he will be back very soon.
I note that my hon. Friend does not take The Northern Echo, but does he take the Derby Evening Telegraph? Just down the road from where the paper is based is the Toyota factory, which was the biggest inward investment in western Europe when it was made. It is clear that, were it not for Britain’s membership of the European Union, that investment would not have come to the UK and to Derbyshire. It has benefitted my constituency and the county and created thousands upon thousands of jobs. Would my hon. Friend care to comment on the impact that this Bill and leaving the EU would have on Toyota?
Order. We are talking about the specific amendments, which are about the franchise. I cannot quite see how they stretch as far as Toyota, unless the hon. Member for Harrow West (Mr Thomas) is going to enlighten me.
I hope to come to the amendments on the possibility of giving 16 and 17-year-olds—some of whom may be looking forward to a career in Toyota—the right to vote. Let me clarify that I do not read the Derby Evening Telegraph. I happen to think that the Harrow Observer and the Harrow Times are the better newspapers to read.
I could, of course, introduce the Hounslow Chronicle to the competition, but I will refrain from doing so.
On extending the franchise to 16 and 17-year-olds, does my hon. Friend agree that they should have a say in this incredibly important debate and referendum, given the importance of the stability of the UK economy for their future? Roughly half the European headquarters of non-EU firms are based in the UK—more than most other countries put together. This issue will have a tremendous impact on youth unemployment and potential jobs in the future.
My hon. Friend makes a good point. I will come to the issue of 16 and 17-year-olds shortly.
The benefits that Falkland islanders enjoy on account of Britain’s membership of the European Union are not insignificant. I was surprised on Monday when the Minister for Europe confirmed to me in a written parliamentary answer that the Government had made no preparations for the UK leaving the European Union. There are no transitional arrangements in case the people of Britain vote no. Presumably, there has also been no thought about the consequences of a possible exit for the Falkland Islands or any other overseas territory. We have the astonishing situation of the Prime Minister sleepwalking towards an exit from the European Union with no thought of the consequences for British citizens or for our overseas territories.
I have spoken about the trade advantages that the overseas territories gain from being linked to the European Union. I am sorry that the hon. Member for North East Somerset (Jacob Rees-Mogg) is not in his place, because he is certainly aware of the significant fishing interests that the Falkland Islands has in relation to trade with the European Union. As well as the trade advantages, the overseas territories also benefit from the European development fund. As my hon. Friend the Member for Glasgow North East said, the 11th European development fund has allocated just over €4 million to the Falkland Islands, with further payments expected to start from early-2014.
Many other overseas territories have benefited from the European development fund. Montserrat, a territory that I have had the pleasure of visiting, has been in need of support ever since the Soufrière Hills volcano, which had been dormant for centuries, erupted and buried the island’s capital, Plymouth. As my hon. Friend the Member for Glasgow North East said, Montserrat received almost €16 million from the last European development fund for infrastructure and other development. Anguilla has received €12 million, St Helena, Ascension Island and Tristan da Cunha have received some €16.6 million, and the Pitcairn Islands has received about €2.4 million.
In the recent European Committee to which my hon. Friend the Member for Ilford South referred, I asked the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for Boston and Skegness (Mark Simmonds):
“Have any discussions begun with overseas territories about the possible loss of EDF funding and their beneficiary trade deals with other European countries?”
Bearing in mind that Government Members hope to persuade the British people of the Eurosceptic case for Britain to vote to leave the European Union, his response was that
“talking about hypothetical situations that are years away is dangerous, and asking questions based on assumptions, however real they may or may not be, is not necessarily a good use of time.”—[Official Report, European Committee B, 23 October 2013; c. 20.]
Perhaps the Under-Secretary of State ought to have a word with the Prime Minister, who offered exactly such a scenario when he pledged to hold a referendum on Britain’s membership of the EU in 2017. That pledge was based on fragile assumptions about negotiations that not only have not started yet, but during which the Prime Minister has no idea what he hopes to achieve or simply will not tell this House what he hopes to achieve.
I am therefore sympathetic to the amendments tabled by my hon. Friend the Member for Ilford South that seek to address the problem that the British overseas territories will be excluded from a matter that could have a detrimental effect not only on their income, but on their trading ability. I am interested to hear how the Minister can justify their exclusion. If the Minister and the promoter of the Bill are not minded to accept my hon. Friend’s amendments, perhaps they will consider amendment 70 in the next group, which would hardwire into any referendum the opportunity for the views of our friends in the overseas territories to be heard.
My hon. Friend the Member for Ilford South also tabled amendment 44 on the voting age for the proposed referendum. My right hon. Friend the Leader of the Opposition spoke in his extremely well-received conference speech in September of the need to make 16 and 17-year-olds part of our democracy. I suspect that Government Members did not see that bit of his speech, because they were at sixes and sevens over another part of it. I could not agree more with my right hon. Friend’s clear commitment to the democratic enfranchisement of our young people. It would send a strong signal to young people who are suffering disproportionately under the current Government—people who have lost their education maintenance allowance, whose tuition fees will treble, and who are going through an often disheartening and bleak time searching for a job. Amendment 44 could send a powerful signal of the House’s intent to listen to the concerns of 16 and 17-year-olds.
The Prime Minister once famously asked us all to hug a hoodie. I think that according to the Daily Mail, it is now just “hug a Tory”. I do not suggest such bizarre measures, but I do suggest that we should listen to what young people have to say.
Huw Irranca-Davies
My hon. Friend makes a good point. In fact, in having discussed Crown dependencies, overseas territories and so on, we can look at some of those places, such as the Isle of Man, Jersey and Guernsey, for examples of where 16 to 18-year-olds can vote. If we look close to home, we can learn some lessons.
Does my hon. Friend not find it rather strange that 16 and 17-year-olds are not being given a vote under the Bill whereas they are in the Scottish referendum? That seems anomalous and bizarre. Surely they should be given a vote in the EU referendum should the Bill succeed.
My hon. Friend makes a good point and, in a moment, I will come to an even more bizarre twist related to the Scottish referendum and the rights of 16 and 17-year-olds.
I cannot be alone in having received letters and e-mails over the past few weeks from young people who are undertaking their citizenship coursework. I have received petitions on such meaty topics as euthanasia, homelessness and child poverty, and each time I have been struck by how well informed and engaged young people are with some of the big issues facing the country. If Conservative Members are to be believed, Europe is the single biggest of those issues.
Does my hon. Friend agree that sending a positive message today about votes for 16 and 17-year-olds would be timely given that the UK Youth Parliament will be sitting in the Chamber next week and discussing a range of matters, including votes at 16 and 17?
My hon. Friend is making a good speech, but he knows that I have a long track record of disagreeing with votes at 16. The most bizarre argument that people make is that we have to introduce the vote at 16, because the Scots are going to have it in the referendum. Since when does Alex Salmond decide this country’s constitutional procedures?
I would not want to upset my hon. Friend further, but he makes a good point. I will come to the Scottish referendum in a moment.
I have never bought the argument that young people are not interested in politics, even if, sadly, like the rest of the country, they do not hold politicians in high regard at the moment. As my hon. Friend might recognise, there is a palpable disconnect between many young people and the political process. I believe there is consensus throughout the House that we must address the worrying trend of poor voter turnout among 18 to 24-year-olds, and amendment 44 could help with that ambition. I understand that people in that section of our society are among the least likely to vote. One MORI poll showed that only 39% of 18 to 24-year-olds were likely to vote, which is a worrying statistic.
We know that voting habits are formed at a young age, so if someone votes at the first election for which they are eligible, they are more likely to continue voting for the remainder of their life. Would it not be sensible for young people to have their first voting experience—in this case in a possible referendum—collectively while still at school or college? When I visit schools or colleges throughout the parliamentary year—it is particularly interesting to visit sixth forms and colleges at general election time—I see the excitement of some of those potential first-time voters who are carefully weighing up everything being said and deciding in whom to put their trust. Whenever there is an election or referendum, should we not be able to go into schools, sixth forms and colleges and talk to all those young people over the age of 16, and tell them that we value their views?
My hon. Friend is making a compelling case about 16 and 17-year-olds voting, and he is right to talk about engaging people in schools. When I go to high schools and speak to 16 and 17-year-olds, they are much more engaged in the political debate now they know they will have a vote in the Scottish referendum. In fact, they are so engaged in political debate that the vast majority are voting no.
My hon. Friend makes an interesting point, and perhaps I could encourage him to have a further conversation outside the Chamber with my hon. Friend the Member for Huddersfield (Mr Sheerman). By including 16 and 17-year-olds in a debate, we would be involving in this discussion about a referendum an often passionate voice. If this issue is of such importance, as Conservative Members seem to believe, should not those with their lives ahead of them and those facing the particular challenges I have outlined—jobs, university fees and so on—have their voice heard too? Without the amendment tabled by my hon. Friend the Member for Ilford South, 16 and 17-year-olds will be excluded.
Let me make a little progress. There is an old adage that young people grow up too quickly these days, but I think we must consider fairly the responsibilities that already rest on some young shoulders at 16. Young people are old enough to go to work, join our armed forces and have children—they even have to pay full fare on the bus unless they are still in full-time education. If they earn enough, they have to pay tax. With all those responsibilities, we suggest that they should also have the right to vote and have their say along with the rest of the country in any elections and referendums.
On a point of order, Madam Deputy Speaker. I know that you follow the rules of the House closely, and clearly the rules on photography in the Chamber are very strict. As you know, this morning I have been keeping a close eye on the Box, and I was aware that a minute ago one of its occupants was holding up his mobile phone. I do not know whether he inadvertently did not know the rules on filming proceedings, and I ask for your guidance on that, Madam Deputy Speaker.
The serious work on the reform of the European Union is already under way. I know that my hon. Friend will be delighted by the successful reform of the common fisheries policy, the ban on discarding, the push towards local regional management of fisheries, the cut in the EU budget, and the moves on deregulation that this Government have already achieved, even in coalition.
What I would like to know from the hon. Gentleman and his party is whether they want to give the British people a say in our future in Europe or they are determined to deny them that say.
Given the reality of the debate that will take place, and given that the Electoral Commission would appoint umbrella organisations for yes and no campaigns, this well-intentioned new schedule is unnecessary because there is no need to specify organisations in that way.
The same is true of the amendments tabled by the hon. Member for Ilford South (Mike Gapes) about religious holidays and potential clashes with other elections. These matters already have to be considered.
The amendments touch on matters that every Government already have to consider in looking at election dates. Successive Governments have taken a pragmatic approach to those matters, and it would be disproportionate to include them in the Bill.
Surely the Minister thinks that the British people are entitled to know what plan B would be if a referendum that the Prime Minister calls leads to a British exit. Why not, then, consult the CBI about the Switzerland option or the Norway option? Why will he not concede that possibility and the need for that consultation?
It is already open to the CBI and to any other such organisations to express their views fully and vigorously, and that is what they do at all times, in conversations with Ministers, in publications, and in debates and forums. I know that the hon. Gentleman has only just been appointed to this role, but he ought to wake up and see the debate that is actually going on rather than trying to invoke some kind of Aunt Sally.
(12 years, 3 months ago)
Commons ChamberI am afraid that the Government rules on accepting hospitality are already strict and limit what Ministers can do. The key point is that the Sochi winter Olympics will provide an opportunity for people from this country, including journalists and editors, to meet and engage with Russians of all backgrounds and to stand up for the values in which we believe.
As these exchanges have reinforced, there is concern on both sides of the House about the continuing detention of the British Greenpeace activists and journalists. Given the growing fears about the conditions in which they are being held—conditions condemned by the European Court of Human Rights last year, I understand—and the length of time they are likely to be incarcerated, can I ask the Minister gently what exactly it will take for the Foreign Secretary to persuade the Prime Minister to intervene on their behalf?
First, may I welcome the hon. Gentleman to his new responsibilities? Of course this is a return to European activity from the days when Tony Blair appointed him as one of his champions of the single currency in the Labour party. Having served his time in quarantine, he is now being allowed out again.
The hon. Gentleman may not have been here yesterday, but my right hon. Friend the Prime Minister made it clear at the Dispatch Box that he stood ready to speak to President Putin whenever that would best help the welfare of those who are being detained and lead to a satisfactory outcome for them. The search for a satisfactory outcome to this case remains at the top of the Government’s priorities, and it determines how we handle individual representations.
(12 years, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Given that the UN Commission on Human Rights is in session this month, my hon. Friend the Member for Rotherham (Sarah Champion) has done the House a service by ensuring that we have the opportunity to debate human rights across the Commonwealth.
Like previous speakers, I want to focus on Sri Lanka. I therefore warmly welcome the comments of my hon. Friends the Members for Mitcham and Morden (Siobhain McDonagh) and for Rochdale (Simon Danczuk), as well as the opening remarks of my hon. Friend the Member for Rotherham.
My hon. Friend the Member for Mitcham and Morden alluded to the fact that Navi Pillay, the UN’s human rights commissioner, visited Sri Lanka at the end of August and held extensive meetings with people in the north and the east, as well as with Government officials, politicians and a series of organisations. She is the most senior UN official to have visited the north since the UN Secretary-General visited back in 2009. Although it is welcome that Ms Pillay was allowed to go wherever she wanted, it is striking that she has reported that the Sri Lankans who came to meet her were harassed and intimidated by security forces before and after their meetings.
Ms Pillay’s statement following her visit was particularly striking. She noted, among other things, that the surveillance and harassment that she described appear to be getting worse in Sri Lanka, where critical voices are often attacked or even permanently silenced. She outlined concerns about recent attacks on religious minorities and reported a series of complaints about missing relatives, military land grabs and life without basic facilities. Given that Ms Pillay is such a senior figure in the UN, the bluntness and directness of her comments are striking.
Ms Pillay’s concerns are far from isolated. As my hon. Friend the Member for Mitcham and Morden alluded to, Amnesty International continues to highlight the lack of genuine, substantial measures on the part of the Government of Sri Lanka to meet their human rights obligations. There remains a significant body of evidence pointing to serious human rights violations, some of which amount to war crimes or crimes against humanity, including extra-judicial executions, enforced disappearances and the intentional shelling of citizens. Critics of the Government, whether they are Sinhalese, Tamil, Muslim or Christian, continue to face harassment. Torture in police custody is routine, and attacks on minorities appear to be increasingly widespread and tolerated.
According to Amnesty International, there have been more than 20 attacks on Muslim places of worship and businesses in the past 12 months. There was apparently no known investigation into an attack in July on the Arafa Jumma mosque in Mahiyangana. Apparently, a Government Minister simply ordered that the mosque be closed. Journalists, opposition candidates, human rights activists and particularly Tamils in the north and the east are routinely harassed, intimidated and assaulted.
As other hon. Members have said, the question remains, why on earth are Commonwealth Heads of State still planning to meet in Sri Lanka for their annual summit, thereby validating the regime? As the House is aware and as other Members have restated, the Canadian Government have made clear their profound concern. Indeed, Prime Minister Harper has said he will not attend the Commonwealth Heads of Government meeting if Sri Lanka remains the host.
A series of other eminent Commonwealth advocates have highlighted Sri Lanka’s unsuitability to host CHOGM. Their concerns are thrown into sharp relief by the new Commonwealth charter, which was agreed in March by Her Majesty the Queen, following the agreement of the rest of the Commonwealth states. The charter was one of the key recommendations made by the eminent persons group to reform the Commonwealth that was accepted at the Commonwealth Heads of Government meeting in October 2011, and the Prime Minister committed to it. Perhaps the most crucial passage in the charter is:
“We are committed to equality and respect for the protection and promotion of civil, political, economic, social and cultural rights, including the right to development, for all without discrimination on any grounds as the foundations of peaceful, just and stable societies.”
The Sri Lankan Government can by no means be painted as achieving, or even be perceived as taking serious steps to achieve, that commitment. I therefore continue to be surprised at how little effort Ministers have put into using the CHOGM as leverage to achieve reform in Sri Lanka. Why, for example, have the Prime Minister and the Foreign Office not sought to build a coalition to have Sri Lanka formally put on the agenda of the Commonwealth ministerial action group? There may be meetings of Commonwealth Ministers where the subject of Sri Lanka comes up; but that is not the same as a decision to put it on the agenda of the ministerial action group.
In the past, countries such as Zimbabwe, Pakistan, Nigeria and Fiji have all been—indeed, Fiji still is—formal items on the ministerial action group agenda. An implicit rebuke is thereby sent from the whole Commonwealth, and it is forced to set up a series of actions to be taken to bring a country back in line with Commonwealth values. If the Minister and his colleagues are serious about wanting to apply pressure to the Rajapaksa Government, perhaps he will commit today to building a coalition of Commonwealth countries to put Sri Lanka on the Commonwealth ministerial action group agenda. Given the importance of Canada’s views within the Commonwealth, Britain would surely have a crucial ally in beginning to apply the pressure necessary to achieve that end.
I should welcome clarification of the Minister’s view of the Commonwealth secretary-general’s performance in his handling of human rights concerns in Sri Lanka. I can find no evidence of any statement even of concern from him. He has agreed to organise an observer mission to follow the provincial elections in the north of Sri Lanka, but in the context of widespread human rights abuses, that invitation appears to be another example of the observance of the forms of democracy, rather than its substance. If I am right to think that Mr Sharma has not spoken out, it is surprising that a secretary-general who presided over a recommitment to the Commonwealth’s democratic values and traditions as recently as March should have nothing to say about continuing human rights abuses in Sri Lanka—never mind those that date back to the events of 2009.
If the Prime Minister goes to Sri Lanka without taking any further significant steps, he will be validating the regime and giving it succour and comfort. He will create further incentives for Mr Rajapaksa and his colleagues to continue to ignore Commonwealth values.
I think I know what the hon. Gentleman is going to say and I will answer his question about CMAG in a minute.
Although respect for human rights across the Commonwealth is uneven, we have an opportunity to address that, guided by the principles set out in its charter. As we heard from hon. Members this afternoon, the charter was presented to Parliament in March and it commits members to
“equality and respect for the protection and promotion of civil, political, economic, social and cultural rights for all, without discrimination on any grounds”.
Used effectively, the charter will inform debate and provoke change. Circumstances in some member states may lead some to doubt the strength of that commitment or the capacity of the Commonwealth to bring about change. I recognise that valid concerns exist, but we must grasp the opportunity that the charter offers. Reform will not happen overnight—I am realistic about that—but I am confident that the Commonwealth can deliver.
In the remaining moments, I shall address our attendance in Sri Lanka, which is an issue we are divided over: some hon. Members think that we should not go to Sri Lanka and others think that we should. The right hon. Member for Sutton and Cheam (Paul Burstow), who is no longer in his place, thinks that we should not. My hon. Friend the Member for Brigg and Goole, who is in his place, thinks—I think rightly—that we should. It is worth pointing out the history. In 2009, Sri Lanka offered to host CHOGM in 2011. At CHOGM in Trinidad and Tobago in 2009, the Heads of Government decided not to accept the offer and decided that Australia should host CHOGM in Perth in 2011. They decided that Sri Lanka should host in 2013, and that decision was reaffirmed in Perth, at which the Commonwealth representative was a Minister from the previous Government. There was no widespread support among the Heads of Government for a change of location.
The hon. Member for Bristol East mentioned the Commonwealth day debate on 14 March. As she said, since the debate the Prime Minister and the Foreign Secretary and I have decided to attend the meeting. That is the right thing for the Commonwealth—an organisation we strongly support—which has a positive role to play in promoting freedom, democracy and human rights. The non-attendance of Her Majesty was also raised. It is worth pointing out for the record that Her Majesty, as head of the Commonwealth, will be represented by His Royal Highness the Prince of Wales. That CHOGM will discuss the crucial issue of what will succeed the millennium development goals in 2015, following the publication of the report of the high-level panel, co-chaired by my right hon. Friend the Prime Minister. It is important that the Commonwealth articulates a clear view that recognises the centrality of Commonwealth values such as gender equality, good governance and the rule of law to the enabling of development. We are pressing for the discussion of those values to play an important part at CHOGM.
We must be willing to respond if we think that the actions of fellow members do not reflect the values we espouse. We will take with us to Colombo a clear message that the British Government have given consistently in this Parliament, in the UN human rights council and in our contacts with the Sri Lankan Government: Sri Lanka must make progress on human rights, reconciliation and a political settlement. A key test of that will be the northern provincial council elections on 21 September, which we are pleased the Commonwealth and the South Asian Association for Regional Co-operation have been invited to observe—a positive step forward. On such issues, the Commonwealth is complementing the work of other bodies such as the UN. The human rights council passed a resolution in March, co-sponsored by the UK, calling for reconciliation and accountability in Sri Lanka.
The UN High Commissioner for Human Rights, Navi Pillay, visited Sri Lanka last month and expressed strong concerns, many of which we and others in the Commonwealth share—and those concerns certainly seem to be shared by hon. Members this afternoon. CHOGM will focus attention sharply on the work yet to be done to achieve the aims that the Sri Lankan Government themselves have agreed in follow-up to the report of the Lessons Learnt and Reconciliation Commission. It will allow Commonwealth Governments to understand better the problems still affecting Sri Lanka and consider what support they, and the Commonwealth collectively, can offer.
As my right hon. Friend the Foreign Secretary told the House on 3 September, we have concerns about media and non-governmental organisation freedom at CHOGM and have pressed the Sri Lankan Government to allow unhindered access. My ministerial colleague, my hon. Friend the Member for North East Bedfordshire (Alistair Burt), will reiterate that message when he visits the country on behalf of Her Majesty’s Government in October.
I was asked why there is no reference to LGBT rights in the Commonwealth charter. The charter explicitly states:
“We are implacably opposed to all forms of discrimination, whether rooted in gender, race, colour, creed, political belief or other grounds.”
Our view is that the phrases “all forms of discrimination” and “or other grounds” cover discrimination against lesbian, gay, bisexual and transgender people, as well as any other form of discrimination. The way of life of LGBT people is criminalised in over 40 member states, and they live with dreadful prejudice in some of them. The appalling attitudes towards homosexuality that persist in some Commonwealth countries threaten to undermine the commitment to non-discrimination that is central to the charter.
(12 years, 9 months ago)
Commons ChamberI understand the concerns of the right hon. Lady, as do all hon. Members. This is a decision for the Commonwealth. It decided by consensus that the Heads of Government meeting should be in Colombo. The Commonwealth recognises the issues of concern in Sri Lanka. There is no doubt that whoever ends up going to CHOGM, from whatever country, Sri Lanka will be in the spotlight. The progress that can be made on a number of the positive recommendations of the Lessons Learnt and Reconciliation Commission is a key topic that many will want to address. We want Sri Lanka to get to where it professes it wants to go. However, I agree with the right hon. Lady entirely that the evidence of that at present is pretty scant.
21. On human rights abuses, the British and US assessments of the level of torture in Sri Lanka seem to be at variance. The FCO says merely that reports of torture continue, while the US State Department says that there is“widespread impunity for a broad range of human rights abuses, particularly involving police torture”.Why the difference of views?
We judge the evidence of torture that is brought to us and make our calculations upon it. We have expressed concern about incidents of torture. Our asylum processes take account of the possibility that some people, but not all, could be subject to torture. Cases are dealt with on an individual basis. Part of the overall picture of human rights concerns in Sri Lanka is that the Government appear to be determined to address the issue, but the evidence remains difficult to see in certain cases. We will continue to press the case and we know that this is a matter of great interest to all right hon. and hon. Members.
(13 years, 1 month ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I absolutely agree with my hon. Friend. We all have faith in the Minister, and we ask him to take action.
As there is no justice or accountability with the LLRC, what we see instead is a culture of impunity—enforced disappearances, extrajudicial killings, gender-based violence as well as the recent trumped-up impeachment proceedings against the Chief Justice—which is testament to the breakdown of the rule of law in Sri Lanka. Just as we had a responsibility to protect civilians at the time of the killings, so too do we now for ensuring that there is accountability.
Does my hon. Friend accept that there are credible reports that torture is routinely being used against the Tamil community remaining in Sri Lanka? Constituents have come to my surgery with clear evidence of torture, which backs up the more widespread reports from Amnesty International and Human Rights Watch that torture is still going on routinely in the country.
I completely accept what my hon. Friend says about the ongoing torture against Tamils in Sri Lanka. It must be said though that other ethnic groups are also being tortured now.
Without accountability, we are seeing torture, disappearances and killings, yet the Commonwealth Heads of Government meeting is still scheduled to take place in Colombo in November. What sort of message does that send out? The Commonwealth was right a couple of years ago to take away from Sri Lanka the honour of hosting a summit. If it was right to do that then, how can it be right now to let Sri Lanka have that honour when our fears about its Government have been confirmed? Canada has bravely stated that it will not attend the 2013 summit unless significant progress is made on human rights and accountability. Why cannot Britain show the same leadership? Why are we so determined to brush accountability under the carpet, just as the UN did with the evidence of atrocities four years ago?
In November, I wrote to the Prime Minister imploring him to do the responsible thing. I pointed out that the number of people who had been killed in the space of just five months was roughly the same as the entire population of the major towns of his constituency: Witney, Carterton and Chipping Norton. Those poor people were herded into an area smaller than the Prime Minister’s constituency, tricked into believing that it was a safe zone and then relentlessly targeted while the institutions of the international community made a deliberate choice not to help, even though they knew what was happening. I pointed out that Britain’s Tamil community, which numbers more than 250,000 people, is still grieving. I asked what the British Government were doing to ensure that there is justice for Tamils now. In particular, I said that it would send out a terrible message if Sri Lanka were permitted the honour of hosting the CHOGM. I said:
“If a nation had systematically killed every single person you knew in Witney, Carterton and Chipping Norton, raping and murdering in cold blood, I do not think that you would find it acceptable for that Government to host an event as prestigious as a Commonwealth summit, or for our Government to attend… The international community has admitted it failed to help Tamils before, and cancelling the summit will ensure that mistake is not compounded.”
I am amazed by the hon. Gentleman’s intervention. As he knows, the process towards reconciliation has taken 600 years in Ireland. It is a struggle with which I am well acquainted because of my own family background. Unlike the Sri Lankan Government, the British Government under different parties accepted that there were things that they could and could not do. I accept that there were atrocities and human rights violations on the part of the Liberation Tigers of Tamil Eelam. Democratically elected Governments are always judged to a higher standard.
Let me continue with what I said to the Prime Minister:
“The international community has admitted it failed to help Tamils before, and cancelling the summit will ensure that mistake is not compounded. I believe it is in the international community’s best interests—and the best interests of the United Kingdom, as well as of Sri Lanka—for there to be an independent international investigation into war crimes in order to bring a lasting peace in Sri Lanka after such a long period of ethnic conflict. However, while this continues not to take place, Sri Lanka should not be hosting the Commonwealth summit.”
The response was weak. The Prime Minister himself did not answer my letter, passing it instead to the Foreign Secretary. The reply was very disappointing. First, instead of supporting an international inquiry into Sri Lanka’s behaviour, he said that the Government
“believe that the process of reconciliation has a greater chance of success if investigations are Sri Lankan-led rather than externally imposed.”
He said that the British Government were concerned about the human rights abuses in Sri Lanka, such as
“disappearances, political violence and reports of torture in custody.”
However, what will the British Government do about them? We have not stopped deporting Tamils who are claiming asylum, even though most reasonable people would think that any Tamil who made a big deal about hating the Sri Lankan Government when they were in the UK might be most at risk of disappearance, violence and torture.
I am aware of that report, and I have also read appeal judgments and documents from the Medical Institute for Victims of Torture. I am well aware of some of the cases involved; indeed, some of them involve my constituents or my hon. Friend’s constituents.
The Foreign Secretary said:
“We seek to promote progress through direct lobbying, working with international partners, and funding human rights projects.”
I have to say that it is not very reassuring to learn that the Government’s approach to getting Sri Lanka to behave is to give it more money.
Finally, the Foreign Secretary fails to offer any support for the idea of a boycott of the Commonwealth summit, although he says the UK Government
“believe that the host of the Commonwealth Heads of Government meeting should uphold the Commonwealth values of good governance and respect for human rights. We will look to Sri Lanka to demonstrate its commitment to these values, both now and in the run up to the meeting in 2013.”
I would be grateful if the Minister could expand a little upon that in his response to the debate. In what possible way does he think that Sri Lanka is currently demonstrating “commitment to these values”?
I note that the Minister is going to Sri Lanka later this year. No doubt his presence will be portrayed by the Government there as yet another vindication of their murderous approach. If he wants to ensure that his visit is not another public relations victory for a regime that feels it is immune from accountability for war crimes, will he use his visit as an opportunity to warn his hosts that Britain and the Queen will not be attending a summit that is built on blood? When my right hon. Friend the Member for South Shields (David Miliband) visited Sri Lanka in 2009, he was not afraid to confront the Rajapaksa regime. When the Minister visits Sri Lanka later this month, will he do the same as my right hon. Friend did, or will he have meetings about trade?
I thank my hon. Friend for his intervention and I will obviously take his views on board.
I am very grateful to my hon. Friend for giving way again. As she knows, I had the privilege of being a Minister in the Department for International Development during the last Government. As a result, I saw the private assessments of the situation in Sri Lanka, the type of which the Minister now has the opportunity to see. What was clear then was the scale of the human rights abuses that were being perpetrated. I do not think that we knew then the level of detail that has come out since, but we certainly knew that the Sri Lankan Government—through their military and paramilitary police, for example—were perpetrating considerable human rights abuses.
That was part of the reason why Britain led in Europe on the withdrawal of the GSP plus trading arrangements—the generalised scheme of preferences—which signalled our concern about human rights. My hon. Friend is rightly demanding that this Government show the same commitment as the last Government in demanding action by the Sri Lankan Government. It is a pity that we have not yet heard cross-party support for the aspiration for our Government to get a bit tougher with the Sri Lankan Government.
I totally agree with my hon. Friend’s comments. Although I completely understand the duty of any Government—most importantly during a recession—to travel to gain more trade and support, I ask the Minister to consider whether that is appropriate in the case of Sri Lanka.
I say that because the last thing that the international community needs right now, after the failings of the past few years, is for Governments such as our own to put the pursuit of profit ahead of the responsibility to protect. The ongoing humanitarian crisis in Syria and the developing situation in the Democratic Republic of the Congo—two countries that I have never been to—both show why we need to be strong. A credible and robust approach to international relations by the UK, and more widely by the international community through the UN, is vital. When the UN internal review was published in November, Ban Ki-moon said:
“Our obligation to all humanity is to overcome our setbacks, learn from our mistakes, strengthen our responses, and act meaningfully and effectively for the future.”
However, I am very much afraid that the international community would rather move on and pretend that these events in Sri Lanka never happened, just as it turned a blind eye while the atrocities in the country were taking place. If we are not strong now, we will abdicate our moral authority over Sri Lanka. Regimes such as those in Syria and DRC will see that there is nothing to lose and that justice will not be served.
We have a responsibility to ensure that the international community’s failures in Sri Lanka are addressed. Accountability and reconciliation must take place. When the 22nd session of the UN’s Human Rights Council commences next month, our Government should take a lead. The issue of whether Sri Lanka has complied with previous resolutions on accountability and reconciliation should be a priority. The UN’s HRC, with Britain to the fore, must be prepared to take urgent action to initiate credible, independent investigations in Sri Lanka. For the sake of other civilians around the world who are under threat from their own Government, we have a responsibility to be strong. We should tell Sri Lanka in no uncertain terms that we cannot support its hosting the Commonwealth summit while its reputation is under a cloud. We have a duty to protect, and we cannot fulfil that responsibility by continuing to be weak, weak, weak.
Mr Scott
Thank you, Mr Hollobone. Can I have 30 seconds back for that?
All I really want to say is that I want justice for the Tamil people and for all Sri Lankans. For that to happen, however, the UN must play its role. Over a number of years, it let down the Tamil people and allowed things to happen that should never have been allowed.
I note the Chair’s comments about the time, and I am grateful to the hon. Gentleman for giving way. Does he share the view of my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) that it would be wrong for Britain to attend the Commonwealth summit in Sri Lanka unless there is a dramatic change in the situation on the ground?
Mr Scott
Where do I stand? I am sorry, Mr Hollobone. The hon. Gentleman and I should not be having a conversation across the room. I apologise for that, as I am sure he does. Where do I stand? I want to see reconciliation and justice before any such thing happens. I think that is clear.
In my final 20 seconds, I should say that the Tamil people have suffered, and their diaspora suffers. There must be justice for all, but most importantly, at the UN’s meetings in March, I would like to hear what the Sri Lankan Government will do to ensure that an international inquiry shows what has happened and who is responsible so that those involved are brought to justice. I have gone five seconds over, Mr Hollobone, so I apologise.
(13 years, 11 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I thank the hon. Gentleman for that intervention. I think that it would be better if I continued my speech, because the answers to the questions being raised now are ones that I will be developing later in my speech. I will definitely return to the issue.
Sri Lanka’s criminal justice system, which has been weakened in recent years due to the centralisation of power with the President, cannot even offer a credible domestic avenue to pursue accountability. As Amnesty International has stated, the system
“is subject to political pressure, lacks effective witness protection and is glacially slow…The system is so degraded that the vast majority of human rights violations over the past 20 years have never been investigated, let alone heard in court.”
That is the point that my learned colleague, my hon. Friend the Member for Brent North (Barry Gardiner), raised.
The failure to hold those responsible to account for rights abuses has led to the development of a culture of impunity in Sri Lanka where anything goes, particularly in the Tamil majority areas of the north and the east. The militarisation of the region and the resultant impact on independent, civilian administration means that many Tamils fear that their culture and identity are under existential threat.
My hon. Friend is making a very good speech. I agree with all the points that he has made so far. My hon. Friend the Member for Brent North (Barry Gardiner) highlighted the ongoing human rights abuses. Does that not call into question the decision of the current UK Government to deport many Tamil refugees who are in the UK? Should we not seek from the Minister replying to the debate an explanation of the Government’s policy on deportations back to Sri Lanka? I ask that question of my hon. Friend in the context of a constituent whose brother is about to be deported back to Sri Lanka. This is a brother who lost a sister fighting for the Tamil Tigers and who understandably is worried about what will happen to his last relative should the family history be known when he returns to Sri Lanka.
(14 years ago)
Commons ChamberIndeed. In 2009 there was a trade deficit of £14 billion in goods and services, but since then it has risen to £51 million. Those figures speak for themselves.
Cuts in public expenditure cannot solve the problem on their own. We need enterprise for small and medium-sized businesses and drastic cuts in overregulation. We need enterprise, not strangulation. Indeed, we must insist on our ability to enter into trade relationships on our own terms, in our own national interests, and not be confined to a single trade policy dictated by the European Commission.
I was deeply alarmed to read in today’s City A.M. that Angela Merkel at Davos is encouraging more integration. She is quoted as saying:
“We have to become used to the European Commission becoming more and more like a government.”
She urges more and more Europe, but that Europe would be both undemocratic and increasingly dominated by Germany itself, as I have repeatedly stated for 20 years, and as The Economist concedes in this week’s edition. It states, following France’s downgrading, that
“the balance of power has long been shifting from the French President to the German Chancellor”,
and a former French economic Minister has said that
“Berlin is alone in the cockpit”.
That is not healthy for Germany or the UK, and certainly not for Europe. It now seems certain that President Sarkozy is on the way out, and Italy and Greece have technocratic Prime Ministers. Democracy is dwindling and diminishing. The Franco-German partnership is now a hollow reminder of German strength and French weakness. This is all the more reason why the UK must insist on leading Europe out of this crisis with Euro-realist policies and an insistence on government by consent. Sadly, Germany believes in government by rule, and is now even proposing the European Commission as the anchor of European government.
There has been much agitated activity in seeking to resolve the Greek bankruptcy, but there has been no result. A few days ago I came across a five-page article written in 1998 setting out exactly why Greece should not be allowed into the European Union, which was of course ignored. Every member state is responsible for this failure of judgment and must bear the consequences. It is a pity that those such as George Soros who are now wringing their hands in Davos did not listen to the Euro-realist arguments instead of condemning and mocking them.
On the draft agreement, we must bear in mind that the issues now being presented to the British electorate and the European Union are more political than legal. There are still fundamental legal problems in the latest draft of the agreement between the 26. There must be no misunderstanding: this deal is flawed in seeking to incorporate the European Commission and the European Court of Justice, which are institutions of the EU, into a non-EU treaty.
Furthermore, what is the basis in the treaty on the functioning of the European Union for the proposed powers, including infringement powers, to be conferred on the European Commission under article 8 of the agreement? Prima facie, that is unlawful, given the prohibition on infringement proceedings under article 126(10) of the treaty. There are serious doubts about the use of article 273 in relation to issues of jurisdiction. There is also the issue of enhanced co-operation under article 10, which bypasses the treaty requirement that enhanced co-operation should be used only as a last resort; the agreement proposes its use “whenever appropriate and necessary”. This could cause serious damage to British national interests in relation to the internal market.
My Committee, the European Scrutiny Committee, will be investigating all these matters with the assistance of evidence from witnesses from all sides of the equation. There is a further problem of whether the treaty to establish the European stability mechanism can come into force before the amendment to the Lisbon treaty, so that member states could allow such a treaty, given that the United Kingdom has not yet ratified it. I would be grateful if the Minister would answer these questions when he responds to the debate; I hope that he is listening to what I am saying. We urgently need to know whether the Government have received the fifth, and presumably final, draft. If not, will he tell us when they will, and when it will be sent to the European Scrutiny Committee?
With regard to article 13, will the UK Parliament be involved in the proposed inter-parliamentary conference? If so, will the European Scrutiny Committee be invited to attend? At present no one knows how that arrangement will work in practice—there are serious question marks over the agreement—but we know that it will be determined by German demands and conditions. I do not blame Germany for its pride and defence of its own national interests, but I do not believe that we the UK should pay one penny to provide funds for an EU bail-out which, if it were done within the European Union itself, would be blatantly unlawful.
Mme Lagarde, who is now head of the International Monetary Fund, openly admitted in September 2010 that to save the euro,
“we violated all the rules”.
It is ironic that she should now be in charge of a further attempt to bypass the rules. That is outrageous, and I am glad that America has quite rightly said that it believes that Europe should sort out its own mess. However, that will be achieved through policies for genuine growth, and not through bail-outs with fictitious money and a refusal to face up to Euro-reality.
We now live in peaceful democratic times, and we must therefore insist on our Westminster democracy as the basis for protecting our national interest. Let us therefore get down to the business of letting the British people have their say, and of saving the United Kingdom from impending disaster and the European Union from itself. We must turn our eyes to the sunlit uplands of enterprise and international trade, earn our way in the world by our own efforts and re-create the foundations of true independence of action and prosperity for our own country.
On a point of order, Mr Speaker. I apologise for interrupting the debate, but my attention has been drawn to media reports about the future of RAF Northolt, which is next to my constituency. Apparently, there might be Government plans to develop RAF Northolt as an alternative to the Boris island airport, or as a satellite terminal for Heathrow. That is potentially of huge concern to my constituents, and I wonder whether you have received a statement from the Government setting out their real thinking.
Mr Speaker
I have received no indication from the Government of their intentions on this matter, but I have a hunch that the hon. Gentleman will pursue the issue doggedly and tenaciously.