European Union Referendum Bill

Kevin Foster Excerpts

Tuesday 8th December 2015 Commons Chamber

[Kevin Foster (Torbay) (Con)]

Let me thank my hon. Friend for giving way, and say that I am enjoying listening to his observations. Does he agree that, if the Electoral Commission was to take the bizarre decision to designate only one campaign when there was clearly a coherent and legitimate campaign for the other side, it would be clearly open to judicial review on that point?

[Mr Jenkin]

I am waiting to hear what the Minister has to say on that point. The proposed amendment changes the wording. It now says that it should be allowed to make that decision only if

“no permitted participant makes an application to be designated under section 109 as representing those campaigning for that outcome except for a permitted participant whose application the Commission states is, in its opinion, vexatious or frivolous.”

That would mean that, provided there are two legitimate applications for designation, the obligation would be clear in the Bill that the commission has to designate two campaigns. That is not clear in the Bill at the moment. If one such campaign was “vexatious or frivolous” and was clearly just there to spoil in some respects, the Electoral Commission would have to justify its action. I hope the Minister will tell us that he can accept our amendment. If he cannot do so, I hope that he will make it clear that the substance of the amendment should be understood, and that it would be unconscionable to have only one campaign designated in this referendum. If an application is made in such a way as to be construed as vexatious or frivolous, such an application would have to be considered. We should be in no doubt that there will be an application in respect of both sides of this campaign.

--- Later in debate ---

My hon. Friend the Member for Stone (Sir William Cash) has tabled a number of amendments. He is not currently in his place. He said that he might well withdraw them, but it may be useful if I elucidate my views on them, depending on how other Members feel. My view is that the Electoral Commission should not be drawn into the fray, or the debate, in the way that my hon. Friend suggests in his amendment. The Electoral Commission has written to hon. Members across the House, and my hon. Friend acknowledged that it would consider any increase in its adjudication powers or role as ultra vires. I agree with that view. To put the Electoral Commission into the politically sensitive position of arbitrating or adjudicating on the accuracy and cogency of the Government’s report would probably be a step too far. That strays into the realm of a quasi-judicial, quasi-campaigning role.

[Kevin Foster]

My hon. Friend is going over the impact of making the Electoral Commission quasi-judicial, but Secretaries of State and Ministers are answerable to this Parliament and in particular to this House. It would put the commission in the role of partly taking on the job of Parliament.

[Mr Mak]

My hon. Friend makes an outstanding point. To give the Electoral Commission a role beyond its current role would be to tread on the feet of hon. Members and encroach on the democratic freedoms and roles of this Parliament. My hon. Friend is right that the Electoral Commission does not agree with the intention of my hon. Friend the Member for Stone. As my hon. Friend the Member for Torbay (Kevin Foster) says, there are better sources of information—such as literature from the various campaign groups that I mentioned and information from public bodies such as the Office for Budget Responsibility or the Bank of England. I would encourage members of the public to read Hansard, where the speeches of many distinguished hon. Members can be found, including from this very debate.