EU Referendum Rules

Debate between James Gray and Ian Blackford

Monday 5th September 2016 Westminster Hall

[Mr James Gray (in the Chair)]

Order. Before the hon. Gentleman intervenes, I said that I was going to do this to begin with, so I hope the hon. Member for Ross, Skye and Lochaber (Ian Blackford) will forgive me if I point out that we are discussing the question of whether there should be a second referendum on Britain’s membership of the European Union. It is therefore not in order to discuss anything to do with Scotland or Britain’s role in the wider world. Our sole purpose is to discuss whether there should be a second referendum on our membership of the European Union, so perhaps the hon. Gentleman will restrict himself to that particular topic.

[Ian Blackford]

I am grateful for your guidance, Mr Gray. If you will forgive me, I am trying to move on to discuss that very topic, but I am putting it in the context of many of the things that happened during the referendum campaign and why we are in this position.

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[Ian Blackford]

Let me make some progress, then I will be happy to take more interventions.

The Scottish Government have already announced an additional £100 million of funding in this financial year to stimulate the economy following the uncertainty about the UK’s future relationship with the EU. As a Scottish MP, I fully support the action taken by the Scottish Government and backed by a vote in the Scottish Parliament empowering them to secure Scotland’s place in the EU. That context is important to this debate, Mr Gray. When the vote was taken in the Scottish Parliament, 106 Members voted for the motion, eight voted against and there were three abstentions. Our Scottish Parliament, on a cross-party basis, gave an unequivocal statement that Scotland voted to remain in Europe. Let me put it this way: remain means remain.

The Government in Westminster repeatedly tell us that they respect the authority of the Parliament in Edinburgh. The Government in London should reflect on what respect means when it comes to article 50 and the desire, if that is what they have, to remove the UK from Europe before recognising our desire and our right to remain in Europe. Our position must be given cognisance. As the UK develops its position ahead of triggering article 50, the Scottish Government must be given a central role in the deliberations and negotiations. The Prime Minister must not bypass Scotland in the EU negotiations.

It is deeply worrying that the Prime Minister is ploughing ahead with a hard breakfast—[Laughter.] I mean Brexit; other than the dog’s breakfast that was the Brexit campaign. We wish to remain in Europe, with full access to the single market and full free movement of people.

[Mr James Gray (in the Chair)]

Order. I am very sorry to interrupt the hon. Gentleman again, but I made it absolutely plain at the beginning that this debate is on the very narrow and specific question of the wording of the petition, namely:

“We the undersigned call upon HM Government to implement a rule that if the remain or leave vote is less than 60% based a turnout less than 75% there should be another referendum.”

That is the topic of debate. We are not debating whether we should be in the European Union, what happened in the Scottish Parliament, or the benefits of Brexit or of staying in the European Union. We are debating simply whether there should be a repeat of the original EU referendum, and the hon. Gentleman should return to that subject if he does not mind.

[Ian Blackford]

I am grateful for the guidance from the Chair, and I am seeking to follow it. I am building up an argument about why we are in the position we are in. If you will show me some forbearance, Mr Gray, I will address myself to those words—

[Mr James Gray (in the Chair)]

Order. The hon. Gentleman must keep to the point of the debate.

[Ian Blackford]

The point, however, is that we have been asked about the rules for an EU referendum. My specific argument comes down to the issue of where sovereignty lies. In our opinion, sovereignty in Scotland lies with the people, and the people of Scotland voted 62% to remain within Europe. Those are the arguments that I will outline in the debate, and I believe that in a process of free speech I should be entitled to do so.

The respected Professors Chalmers and Menon, writing for Open Europe, suggested that Scotland could have a different relationship with the European Union from the rest of the UK, including free movement of people, and Scotland continuing to sign up to EU law. Others have pointed to the so-called “reverse Greenland” scenario, in which the rest of the UK leaves the EU, but Scotland retains the existing rights and membership of the EU. It is up to Westminster whether it is willing to recognise Scotland’s position, which requires its own settlement, perhaps with Northern Ireland, another of the family of nations which voted to remain.

As I have said, 62% of Scots who voted expressed a desire to remain. We often hear about the sovereignty of Parliament, but we have our own tradition in Scotland, and it is one in which the people are sovereign. In the case of MacCormick v. Lord Advocate in the Court of Session in 1953—

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[Mr James Gray (in the Chair)]

Order. I must now insist that the hon. Gentleman return to the topic of the debate in hand, namely whether we should have a second referendum on the EU. If he is unable to return to that subject, he will have to resume his seat, because other Members in the Chamber will do so. It is nothing to do with freedom of speech. The topic of the debate is absolutely plain, and it is vital that he address himself to it and to nothing else.

[Ian Blackford]

With respect, Mr Gray, that is precisely what I am trying to do. I am putting this in the context of what has happened in Scotland. On the basis of free speech, I ask that I be given the opportunity to present my argument in the way that I feel is appropriate to the people of my country. This is about the people of Scotland being listened to when they have, under the rules of the referendum, voted to remain. I am perfectly entitled to make that argument, which I intend to do.

The principle of the unlimited sovereignty of Parliament is a distinctly English one, which has no counterpart in Scottish constitutional law. The judgment in the case that I cited recognised the sovereignty of the people of Scotland, and that is something the Government in London will have to accept. Scotland voted to remain, so we could remain citizens of Europe, and that must be respected. Those who have signed the petition and pushed for a second referendum would, I hope, recognise that, as a Scottish MP seeking to hold the Government in London to account and standing up for the people of Scotland, who voted to remain, my primary responsibility is to the people of Scotland.

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[Ian Blackford]

I have a lot of time for the hon. Gentleman, but this is about securing Scotland’s position within Europe—to ensure that Scotland is a destination, that we can fulfil our potential and sustainable economic growth for Scotland. In order to do that—

[Mr James Gray (in the Chair)]

Order. I have told the hon. Gentleman on several occasions that the debate is not about any of the things that he is discussing. He is completely and utterly out of order. He is discussing a debate that is not for this Chamber today. If he persists, I will ask him to resume his seat and I will give the Floor to someone else. I insist that the hon. Gentleman return to the motion before us today, namely whether there should be a second referendum on our membership of the European Union. That is the topic of our debate, nothing else. If he cannot do that, he will have to remain seated. I invite him now to return to his feet and to discuss the issue of whether there should be a second referendum.

[Ian Blackford]

I have to say that I am surprised by the remarks from the Chair. All that I was doing was responding to an intervention, which I was answering to the fullest extent that I could. I will move on.

It is pertinent to ask how the UK has got itself into this situation. In the recent general election campaign, the then leader of the Conservative party committed his party to holding a referendum on EU membership if elected to government. That commitment was made not from a position of conviction—because he personally wanted out of the EU—but simply to buy off those in his own party who did not want to be part of Europe. There was no leadership and no vision about how to take Europe forward; it was an abrogation of responsibility, and we then had the most unedifying of campaigns.

In Scotland we often refer to the arrangements for our own referendum as the gold standard, although that admittedly did not stop the descent into negativity that characterised “Project Fear”. We can argue, however, that there was strong public engagement and, crucially, young people whose future was to be determined by the vote—those aged 16 and 17—were able to participate. EU citizens living in Scotland also participated, and rightly so.

The EU referendum was different: 16 and 17-year-olds, and EU citizens were excluded. We might have anticipated that the debate would therefore become narrow and inward looking, and that is precisely what happened. The Prime Minister and his Government who wanted to remain in Europe had the opportunity to shape the debate, but rather than painting a vision of the UK in Europe, “Project Fear” went into overdrive—not so much a positive case for Europe as a campaign that failed to inspire. The Prime Minister went into battle with a plan that was flawed, and that became increasingly obvious in the months leading up to the referendum.

In much of the UK, the debate came to be about immigration—not about how migration in and out of the UK can enrich our society and the rest of the world, but about a fear of immigration. There was little appreciation or understanding of the positive impact that migrants have on our economy, or of their contribution to our health service and other public services. There has been much talk of those left behind, those who have not seen improvement in their living standards or quality of life, but immigration has not led to such circumstances; they are the result of a failure of Government policy to invest in our public services to ensure that capacity is sufficient to meet the needs of all our communities.

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[Ian Blackford]

There were flaws in the way that the referendum was conducted, but as a democrat and someone who argues very much for the sovereignty of people, I have some sympathy with the hon. Gentleman’s view. We must not override democracy by denying those in the UK who voted in the referendum their rights, but we must equally recognise the votes of the people in Scotland who voted to remain.

We must champion the benefits of the single market in trade, services and—yes—people. Much of that positive argument was lost in the deluge of fear and negativity. The costs of our membership were much discussed, but the benefits were not. When it comes to the costs, those who spoke about a bounty for the NHS should hang their heads in shame. Much of the Brexiteers’ argument has been shown to be false. The people who are responsible for this situation are those who engineered the referendum and our departed Prime Minister, who showed a complete lack of leadership in securing the UK’s continued membership of the EU. It is often claimed that all political careers end in failure. The Prime Minister fell on his sword after the referendum. His tenure will be reflected on as one during which he presided over the UK leaving the EU—something that he was personally against. I cannot think of a greater foreign policy disaster for any Conservative Prime Minister since Eden and the Suez crisis.

Not only did the Prime Minister announce that he was going, but one of the primary Vote Leave architects, the ex-Mayor of London, then proclaimed that the Government did not have a plan for Brexit.

[Mr James Gray (in the Chair)]

Order. The hon. Gentleman has been asked repeatedly to return his remarks to the simple issue of whether we should repeat the referendum. If he wants to continue, I require him to return to that specific topic and no other. If he cannot do that, he will have to resume his seat and I will pass the floor to someone else. I call Mr Ian Blackford to talk specifically about a second referendum.

[Ian Blackford]

I am trying to address myself to that topic. If you will bear with me, Mr Gray, I am just a few short remarks from closing.

[Mr James Gray (in the Chair)]

Order. Nor will the hon. Gentleman enter into discussion with the Chair about what I am ruling. My rule is final, and whatever I say in the Chamber goes. What I am saying is that he is deviating wildly from the topic that we are discussing. I require him to return to that specific topic. If he cannot, I will ask him to resume his seat.

[Ian Blackford]

I hope that the people of Scotland are listening to this debate and the conduct of it.

Contrast the omnishambles of the EU referendum with our referendum in Scotland, when those of us arguing for independence had the benefit of a 650-page White Paper that went through every area of Government. The Brexiteers wanted out of Europe, but they had no plan for the day after the referendum or any other day in the future. We were all to be cast adrift from Europe when the Government decided to trigger article 50 and begin the process of disengagement from Europe. There is still no plan to put in place the much heralded new trade agreements. There has been a lack of leadership not only from the Government but from the Labour Opposition, whose campaign to remain in the EU was lukewarm at best. Labour sources have repeatedly suggested that their leader may not even have voted to remain. It is little wonder that we are where we are today: in a UK that has turned its back on the EU. We know who the real separatists are in the UK.

We live in uncertain times. Western economies are still grappling with the fallout from the financial crisis in 2007 and 2008. Brexit has led to the Bank of England—

[Mr James Gray (in the Chair)]

Order. I am most grateful to the hon. Gentleman for his remarks. He will now resume his seat. I call Mr John Penrose.

[Ian Blackford]

I must object—

[Mr James Gray (in the Chair)]

I understand that you are making a point of order. On a point of order, Mr Ian Blackford.

[Ian Blackford]

I am not making a point of order. I am making a speech that is legitimate in the context of the debate. People in Scotland will see exactly what is happening here: the Chair is refusing to allow the elected representatives of the people of Scotland to give a speech. That is the clear judgment of what has been delivered by this Chair.

[Mr James Gray (in the Chair)]

Order. As a Scot, I very much hope that the Scots are indeed listening to the debate. The hon. Gentleman is entirely out of order. I call Mr John Penrose.