European Union Referendum Bill

John McDonnell Excerpts

Tuesday 16th June 2015 Commons Chamber

[Mr Jenkin]

I am grateful to my hon. Friend for drawing the Committee’s attention to that point. We should all be grateful for the fact that the Government have listened, but they are still requesting that we withdraw the amendment. To do so would be to concede the principle that purdah might not exist in statutory form. The Labour party’s amendment on purdah would not actually create purdah; it would require the Government to produce a list of things. What we want in the Bill is purdah. If the Government are not prepared to accept that principle now, on the Floor of the House, I fear that we will have to force the amendment to a vote, because it is a matter of principle.

[John McDonnell (Hayes and Harlington) (Lab)]

He is not in his usual place, but may I commend the hon. Member for Stone (Sir William Cash), whose health is fragile today but who has still turned up to fulfil his parliamentary duties? I apologise for the fact that I had to leave the debate for 20 minutes to chair a meeting.

I want to speak about amendments 46 and 47, but before I do so, I will say a few words about purdah. I remember the original legislation going through the House. It came about as a result of concerns expressed about what had happened prior to other elections and referendums. At the time, I thought that a number of lessons had been learned about the need to ensure that purdah existed, so that confidence could be expressed in the outcome of a referendum. For the life of me, I cannot understand why the Government are varying the procedure this time. They have not advanced any consistent argument in which I can have any confidence. When we are dealing with such a controversial matter, why stir up such controversy over such a relatively minor point? I do not understand the Government’s motives.

I am minded to support amendment 11. Although the Government have assured us that we will return to the matter on Report, I would like some certainty at this stage, which we might vary on Report. I am quite attracted to the idea of a fairness commission, as proposed in new clause 4. I was a bit anxious when I learned who might be a member of such a commission, but I agree that there needs to be a mechanism for dealing with any unfairness.

I will be brief, because we are running out of time. I have tabled two amendments concerning the Transatlantic Trade and Investment Partnership. Several hon. Members have campaigned doggedly for openness and transparency regarding the negotiations on that proposed partnership between the EU and the US. I accept that it would be out of order for me to go into any detail about that, but the principle is this. For two days in the Chamber, we have debated sovereignty and democratic rights in relation to Scotland and the EU. TTIP may result in Parliament handing over sovereignty and democratic decision making not only to the EU but to transnational corporations and an investor dispute panel of corporate lawyers, meeting in secret. Their decisions could affect regulations governing health and safety, food safety, labour rights and even our recent attempts to achieve some sort of regulation of our finance sector, but we have not had any debate that resulted in a democratic decision of the House. We have had Adjournment debate after Adjournment debate, but there has been no report from Government on the progress of the negotiations. Why? Because the negotiations are held in secret. There was a debate in the European Parliament only last week. When a report was eventually produced, 200 amendments were tabled, and the EU Commission has backed off and delayed the matter.

[Kelvin Hopkins (Luton North) (Lab)]

My hon. Friend is making an excellent speech and bringing TTIP into the argument. Does he agree that if the EU is seen as a vehicle for imposing TTIP on us, that would have a significant bearing on the outcome of the vote? Millions of trade unionists will be fearful of voting in favour of the EU because they may get TTIP with it.

[John McDonnell]

I thank my hon. Friend for bringing me back into order. That is exactly my point. If we are to have any chance to shape the Prime Minister’s negotiations with other European leaders, this is our opportunity. I want to place on the agenda what is happening with TTIP. I want the Prime Minister to address that in his discussions, and when he reports back to the House and the country about the way forward, I want him to detail the achievements he has made, to open up the transparency and openness of those negotiations.

[Mr Jim Cunningham (Coventry South) (Lab)]

My hon. Friend makes an interesting point. In the discussions in Europe in relation to some of the subjects that he has just mentioned, there is also the issue that the Government will negotiate about matters such as wages and terms and conditions, which affect people in this country. We have not had a lot of debate about that, either.

[John McDonnell]

This debate has allowed us to place some of those issues on the agenda. The major issue with TTIP is that the Prime Minister, until now, has not seen it as particularly relevant or important to give us a direct report on those negotiations, so those negotiations have remained secret. Therefore, the purpose of my amendment, which I will not press to a vote, is to identify it as an issue on which we need a report. That will help to ensure, to echo the point made by my hon. Friend the Member for Luton North (Kelvin Hopkins), that in the referendum, people can make a decision based on the consequences of further European membership for the concrete aspects of the treaty that will affect their lives. My hon. Friend the Member for Coventry South (Mr Cunningham) made exactly that point. This will affect labour rights, including working conditions, health and safety, and wage levels.

In addition, TTIP could affect the ability of a sovereign Government of this country to make a decision on policy. I give just one example that we have debated in the past. I want to ensure that there is no further privatisation and that some services that have been privatised are brought back into public ownership—for example, the railways. If TTIP goes through, a sovereign Government could be prevented from implementing those policies. I want the Prime Minister to go to Europe and say, with regard to TTIP, “On the issue of the referendum I want to ensure that we maintain the sovereign right of this Chamber to take a decision that its Government can then implement without undue interference from transnational corporations who can then head off to arbitration panels meeting in secret.”

[James Cartlidge (South Suffolk) (Con)]

I accept the hon. Gentleman’s point about sovereignty—many hon. Members are concerned about that—but surely one of the biggest challenges facing Europe at the moment is youth unemployment, which in Spain has only just gone below 50%, and which would be reduced if transatlantic trade volumes increased.

--- Later in debate ---

[John McDonnell]

I do not want to take up any further time, but that is an excellent point. That is why, in most of the assessments undertaken to date, we have looked at job losses rather than job increases.

Amendments 46 and 47 simply say that before we come to the decision on the European referendum the Government must publish a report on TTIP and its processes. The OBR should look at the economic aspects, but Government overall should consider all other aspects of policy. We need to receive information about the implications of this treaty and the European role in it, and whether, therefore, we would want to remain within the European Union as a result.

I do not wish to press the amendments, but I do think we need a serious debate about the agenda that the Prime Minister is to construct for the negotiations prior to the referendum.

[Mr Grieve]

It is a pleasure to participate briefly in this debate. I want to direct my remarks towards amendment 11, tabled by my hon. Friend the Member for Stone (Sir William Cash).

My right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and I probably agree on two main points: first, that neither of us has yet seen a convincing case made for pulling out of the EU; and secondly, our shared and gentle cynicism about the amount of froth and hyperbole that is generated in this Chamber. That said, I must politely disagree with his approach to what this Bill does with regard to section 125 of the Political Parties, Elections and Referendums Act 2000. I served on the Committee that considered the Bill that became that Act, and there was a lot of anxiety about the capacity for referendums to be manipulated. Doubtless there was quite a lot of hyperbole in the Committee as well. We argued for a 10-week period of purdah, as opposed to 28 days, because that was what the Electoral Commission was suggesting and what the Neill committee had proposed. Nevertheless, we ended up with 28 days, and I have seen nothing in the period since to make me think that the system does not work, broadly speaking, perfectly well. I am sure there will sometimes be complaints that the rules are being infringed and we ought to try to improve on that, but when all is said and done, the system seems to have worked remarkably well.

I confess that I was therefore rather surprised, when I looked at the Bill we have before us, to find that section 125 had been arbitrarily deleted without any real explanation being provided whatsoever. A justification for that deletion has not been made. I anticipate that my right hon. Friend the Minister will shortly tell us that the Government will go away and review the matter, and I will be very pleased to hear that. I have to say, however—I hope he will forgive me for doing so—that that is a reflection of the rather strange and cack-handed way in which, from time to time, the Government seem to behave when approaching legislation. Either they think that all my right hon. and hon. Friends who feel very exercised about this are going to miss this deletion, or it is an open invitation for discord that takes up quite a lot of the time of this House.

In my view, section 125 could properly have been left in, and the better course of action would have been for my right hon. Friends on the Front Bench to come up with an amendment of some kind if they really thought there was going to be a major problem during the purdah period in the run-up to the referendum. It is very important that when this referendum is over, the people who participated in it are able to say that it was fairly conducted, provided that reassurance does not come at great cost.