Council of Europe

Debate between Geraint Davies and Owen Paterson

Monday 16th November 2015 Commons Chamber

[Mr Paterson]

That was well put and I will not attempt to improve on it.

Of the 12 Conservative members of the PACE from the House of Commons in the last Parliament, four retired at the general election and two others said that they did not wish to continue as members. The remaining six said that they wished to be reappointed, and, in accordance with the precedent, had no reason to believe that that would not happen. As we now have 13 members, that would still have left room for seven additions. At the end of October, however, the Government said that they would not reappoint three of the six who wished to be reappointed because they had voted in September in support of retaining purdah for the EU referendum. That was confirmed in a report in The Daily Telegraph on 4 November that quoted “Downing Street sources” saying that

“the trio had paid the price for rebelling against the Government”.

Such direct interference by the Government in the process of reappointment is at odds with the previous convention in the UK and is also against the statute of the Council of Europe. Article 25a of the statute of the Council of Europe emphasises that appointments or elections should be by Parliament and not by Government. As the hon. Member for Rhondda (Chris Bryant) rightly and accurately said during the urgent question on 3 November, correctly quoting article 25a:

“The Consultative Assembly shall consist of Representatives of each Member, elected by its Parliament from among the members thereof, or appointed from among the members of that Parliament, in such a manner as it shall decide”.—[Official Report, 3 November 2015; Vol. 601, c. 888.]

The Prime Minister’s role in announcing to Parliament the members of the UK delegation is purely formal, and before so doing he should consult the parties. This time, there was full consultation with the official Opposition and with other parties but none with the Conservative parliamentary party outside the Government. Why, for example, was there no consultation with the chairman of the 1922 committee of Back Benchers?

The three Members who are being punished for supporting the retention of referendum purdah were backed by the opinion of the independent Electoral Commission, the Political and Constitutional Reform Committee, and a majority of this House in a vote on 7 September. By penalising the three, the Government seem to be showing that, far from respecting the decision of the House, they resent it. It is peculiarly inappropriate to choose this issue to do so, as the Council of Europe set up the Venice Commission, otherwise known by its full name of the European Commission for Democracy through Law. It is the Council of Europe’s advisory body on constitutional matters. It has ruled on the conduct of referendums in guidelines and elsewhere. An analysis of its considerable output indicates that the Government’s stance on purdah in the EU referendum is clearly in breach of the European Commission’s guidelines. Specifically, the Venice Commission’s “Guidelines for Constitutional Referendums at National Level”, published in 2001 at its 47th plenary meeting, clearly states:

“However, the national, regional and local authorities must not influence the outcome of the vote by excessive, one-sided campaigning. The use of public funds by the authorities for campaigning purposes during the referendum campaign proper (ie in the month preceding the vote) must be prohibited.”

As recently as 2005, the Venice Commission built on those guidelines in “Referendums in Europe—an Analysis of the Legal Rules in European States”, which notes that Ireland makes provision for electoral neutrality; that in Portugal, all authorities are required to ensure the strictest impartiality; that Latvia must provide citizens with neutral information; and that the Russian Federation—that well known democracy—has neutrality rules. The UK Government were very much out of line in trying to abandon the purdah rules.

[Geraint Davies (Swansea West) (Lab/Co-op)]

Does the right hon. Gentleman agree that given that the Council of Europe stands for democracy, human rights and the rule of law, it is a bit strange that the Government should punish people for exercising their right to freedom of expression? They are saying, “As you say what you think, and vote as you do, you can no longer go to an institution that champions those principles.”

[Mr Paterson]

The hon. Gentleman is absolutely right. It is even more perverse than that, as for a couple of decades the Venice Commission has promoted the issue of Government neutrality in referendums.

Judges in the European Court of Human Rights are appointed for a seven-year term, which is non-renewable to protect their independence. How can members of PACE from the UK’s governing party express independent opinions in Strasbourg if there is a covert threat that their appointment will not be renewed if they step out of line with the Government’s wishes? Right at the heart of this issue is the question of the separation of powers; that is at the root of the whole debate. What could the Government possibly have to fear in trusting Conservative Back Benchers to elect Conservative representatives to the Parliamentary Assembly, as they do for departmental Select Committees?

Flooding

Debate between Geraint Davies and Owen Paterson

Monday 6th January 2014 Commons Chamber

[Mr Paterson]

My hon. Friend raises an important point, and I am pleased to say that only this morning the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for North Cornwall and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Great Yarmouth met the leader and chief executive of Cornwall council to discuss the impact of the Bellwin scheme on Cornwall.

[Geraint Davies (Swansea West) (Lab/Co-op)]

As the former chair of Flood Risk Management Wales, which is charged with investing in flood defences and flood risk-management systems across Wales on behalf of the Environment Agency and the Welsh Government, I am very aware that although the Welsh coastline is more than a quarter of the size of the English coastline, we get only 5% of the money, because that is allocated on the basis of population. Given the severity of the conditions we face, will the Secretary of State look at the case, with the Treasury, for some contingency funding to deal with the damage caused in Wales and review that balance in the light of the growing risk from climate change?

[Mr Paterson]

The hon. Gentleman raises an interesting point, and probably the appropriate route is for him to write to my right hon. Friend the Secretary of State for Wales, who liaises with the Welsh Government and with the Treasury here in Westminster.