British Indian Ocean Territory and the Chagos Islands

Debate between Henry Smith and Chris Bryant

Tuesday 25th October 2016 Westminster Hall

[Henry Smith]

I thank the former Minister for overseas territories for the attention that he has always given the issue. I can answer the last part first by saying that yes, the Chagos islanders would very much like to live and work in their homeland, but I am not aware of any employment opportunities being offered by the US authorities or the British authorities, who are also present on the island.

Other excuses have been used over the years, including environmental reasons such as sea level rise. There is some evidence to suggest that due to the uniqueness of the ocean topography there, in a rare exception, sea levels are falling slightly around the Chagos islands. During the devastating Indian ocean tsunami on Boxing day more than 10 years ago, the Chagos islands were not affected by the tsunami risk. Then, as we rehearsed a few moments ago, there are the arguments involving the marine protected area, but it does not extend right up to the shore—there is a limit, three miles out, I believe—and subsistence fishing is allowed, so it is not really a reason either.

[Chris Bryant]

I still want to nail down this particular issue. I have never thought that the marine protection zone played any role in whether people could or could not be resettled in the Chagos islands. The overwhelming view that I heard from Chagossians was that they wanted the marine protection zone to be put in place, for the protection of their own future livelihood.

[Henry Smith]

I think that the marine protection zone is a distraction, and another reason why there should not be a bar to resettlement.

As my hon. Friend the Member for Romford mentioned in his opening remarks, we are now coming up to a break clause in what is essentially an agreement between the United Kingdom and the United States about the future use of Diego Garcia, which occupies a strategic location. It was strategic during the cold war and the various Iraq and Afghanistan conflicts, and given the ongoing turmoil in the middle east, it remains so. It is in Washington’s interest to continue to have an air base there. We have only until the end of the year, just over two months, to sort out the issue, which is why this debate is so important. We are in a strong position to set conditions for the United States. If it wants to renew its military presence on Diego Garcia for a further 20 years, the US should help us facilitate a right of return for the Chagos islanders.

European Union Bill

Debate between Henry Smith and Chris Bryant

Tuesday 7th December 2010 Commons Chamber

[Chris Bryant]

It is true that every piece of legislation can be repealed or sidestepped, and there may be a political cost in doing so. In a few weeks’ time, when a number of extra peers have been added, the Government will have a majority not only in this House but, uniquely since the second world war, in the other House as well, so there will be a further slowing down. The Bill provides not a lock but a brake—that is all. It does not do what hon. Members want, which is to draw a line regarding all further innovations in the relationship between the UK and the EU.

The Bill will not deal with the real problem. The right hon. Member for Wokingham (Mr Redwood) and my hon. Friend the Member for Vauxhall (Kate Hoey) are right that my views on the EU are those of a minority. I know that partly because my father sends me an e-mail every Sunday to remind me of that fact and also to remind me that he moved to Alderney primarily so that he does not have to abide by any EU laws. He also regurgitates vast quantities of things that I hear regularly from hon. Members. I think it is a great embarrassment to him that I was not only the Minister for Europe but the Labour Minister for Europe.

The problem in Europe with those whom others have referred to as the elite and with ordinary members of the public is that there are real difficulties in advancing the European cause because there is no single European demos or political opinion. The waves of views crash upon the electoral shores in different parts of the EU at different times and it is very rare for two meetings in a row of the General Affairs and External Relations Council to include the same set of Ministers. Consequently, it is a phenomenal triumph to achieve any European co-ordination.

Some of the EU’s founding principles—indeed, the economic ones—are very powerful, such as the right to freedom of movement and to work anywhere in the EU. In the UK, Labour brought in civil partnerships—I have benefited from those changes this year—and other EU countries have introduced other ways of recognising same-sex unions. Many of us believe there ought to be a system for recognising those unions in every other country in Europe; otherwise there will clearly be discrimination against people whose partnership cannot be recognised for the purposes of taxation, benefits and the right to freedom of movement around the EU. I do not want Europe to decide the law on marriage in any European country, but I do want it to be able to enforce the basic principle of freedom of movement, and that will require a shift so that civil partnerships in this country, or same-sex marriages in Spain, can be recognised in every other country. Otherwise, married same-sex Spanish couples who move to France will have to divorce and form a new civil partnership there. The seeds that have been sown in the underlying principles of the EU will not go away. The British people who live in Spain and demand that Europe should act on property rights in Spain are arguing for an extension of the EU’s powers although many of them are profoundly Eurosceptic.

I am not a fan of referendums, because I believe in representative democracy. I believe that we are elected to come here and that the sovereignty of Parliament is the important principle on which we should act.

[Henry Smith]

Was the hon. Gentleman in favour of the referendum on the Welsh Assembly?

[Chris Bryant]

I have not been in favour of referendums at all and I have made this argument for many years. I was opposed to the suggestion that there should be one on the constitutional treaty and I said so in the House, for which The Sun and various other newspapers condemned me extensively. On the whole, I am not in favour of referendums, but there are times when the political class decides to navigate around Parliament and find some other means of implementing things. I think we were right to insist, after the second world war when we effectively rewrote the German constitution, that Germany should not be able to hold plebiscites because unfortunate circumstances can sometimes arise.

I am not a fan of referendums. Particularly in relation to treaty-making, they are unfortunate because they make it far more difficult for a Government to have the freedom to negotiate that they need. Of course there must be proper parliamentary scrutiny of that process. Notwithstanding the splendid work of the hon. Member for Stone (Mr Cash), I think the House still does European scrutiny very poorly because far too few Members want to take an active, engaged role in that process, much of which comes not from the Foreign Office but from every other Department of Government. It does not give a Government a strong hand to insist that there will regularly be referendums.

I believe the Government want to be able to repatriate some powers from the European Union to the United Kingdom. The process outlined in the Bill makes it almost impossible for them to be able to do so in the next five years. Other Governments will say, “You’ve already said you’re not going to have any treaties because you reckon that you won’t get a yes vote for any referendum.” That is why the Bill binds the hands of the Government.

On clause 18, the sovereignty clause, the European Scrutiny Committee has done a good job. It is right that, as the Committee points out, the clause adds nothing to the present situation. Lord Justice Laws, in the Thoburn case in 2002, was right when he said that

“there is nothing in the ECA”—

the European Communities Act—

“which allows the Court of Justice, or any other institutions of the EU, to touch or qualify the conditions of Parliament’s legislative supremacy in the United Kingdom. Not because the legislature chose not to allow it; because by our law it could not allow it. That being so, the legislative and judicial institutions of the EU cannot intrude upon those conditions. The British Parliament has not the authority to authorise any such thing. Being sovereign, it cannot abandon its sovereignty.”

Lord Justice Laws was absolutely right. That is why the clause is dangerous. It applies only to European law, but large numbers of the elements that affect our relationship with the EU are laws that come from other parts of Government. That is why in his evidence Professor Tomkins was right to urge the House of Commons not to proceed in this way in the Bill.

The whole Bill is, in the words of Shakespeare, “zed”, an “unnecessary letter”. It misses the need that exists out there to engage positively with Europe.

Parliamentary Voting System and Constituencies Bill

Debate between Henry Smith and Chris Bryant

Tuesday 19th October 2010 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

I am sorry to disappoint the hon. Member for Christchurch (Mr Chope), but I shall not support his amendment. I disagree with it first and foremost because no provision was made in any party’s manifesto for this version of the alternative vote. When the Labour party said it wanted a referendum on the alternative vote system, we certainly meant a full alternative vote system in which people could continue to express their preference, as long as there was a preference still to be expressed.

Originally, the Liberal Democrats’ manifesto had nothing to do with the alternative vote, but if they had proposed a form of the alternative vote it would have been, as we saw in their negotiations with the Conservative and Labour parties after the general election and as was commonly understood, that under AV the voter was allowed to express a preference all through the system. The hon. Member for Christchurch might object that AV was not in his party’s manifesto in any shape or form. That is why I have a slight suspicion that his amendment is intended more as a wrecking amendment, although to be generous I shall suggest it is a probing amendment. The hon. Gentleman and the hon. Member for Epping Forest (Mrs Laing)—in rather elegant turquoise, if I may say so—said that AV gives some people two or even three votes. That is not the case. People have one vote, but are allowed to keep on expressing it as a preference while the process continues.

[Henry Smith (Crawley) (Con)]

Does not the hon. Gentleman think that there is some scope for confusion among the electorate? If there were six candidates on the ballot paper, people might feel that they must continue voting until they have exhausted those six options. A British National party candidate, for example, would probably be nobody’s choice, but electors might feel confused and believe that it was necessary for them to vote for such a candidate as their sixth preference. The British National party candidate might then get their sixth vote.

[Chris Bryant]

No, not at all. If the hon. Gentleman read the clauses and schedules carefully, he would see that they make it absolutely clear what information must be provided to the voter—whether voting by post or in person. The Bill provides not just for an advisory referendum but an enacting one, so it will happen if there is a yes vote. The provisions make it clear that voters can continue to express their preference for as long as they wish—or, indeed, they can stop expressing it if they wish to. They can simply say, “My first preference is exhibit A” and subsequently make no further preferences. In the Labour leadership contest, which used the alternative vote—the votes of all Labour MPs were published—quite a few Labour Members voted just for their first preference and chose not to exercise their second, third or fourth preference at all. Some chose to go right down the list—whether it was so that they could say that they had voted for all five candidates, who knows?

There is only one vote, but this brings us to a key question raised by the Minister yesterday: under the system intended to be used, will the winning candidate always have received 50% plus one of the votes?