European Union Bill

Debate between Kwasi Kwarteng and Wayne David

Monday 24th January 2011 Commons Chamber

[Mr David]

It is interesting to hear the hon. Gentleman refer to the exceptional clause in that way. I will come on to the very interesting point that he has raised, which I am sure would not be shared by many Conservative Back Benchers.

Let me pursue my argument. These two factors—the lack of proper debate that having a referendum on a small technical issue would mean, and the low turnout—might lead to a questioning of any referendum result. For example, I cite Professor Hix again in his evidence to the European Scrutiny Committee, when he referred to the example of Texas. I heard a Government Member earlier making a sedentary comment about the USA, so let us look at this example from Texas. It has referendums in local communities on whether smoking or drinking should be banned. I am sure that everybody understands the questions, but they have a referendum on the same issue every year. Why? It is because people keep on questioning the validity of every year’s result because the turnout is so low.

The Bill implies that this Parliament can bind future Parliaments, but we all know that this cannot be done constitutionally. It is an interesting point, as the Government have made it clear that they do not intend to test the legislation. Perhaps one of their amendments might do so, but generally speaking, they do not intend to use this legislation—it is intended for something in the future. I would argue very strongly that there is a constitutional question mark over that.

I also believe that the Bill weakens the role of Parliament because it obliges Parliament to pass on much of its decision-making capacity. Yes, it is true that the Bill gives additional responsibilities to Parliament in some areas, which we will debate at a later stage. The Bill’s most important impact, however, will be to weaken the role of Parliament. I would even suggest that the Bill’s whole approach is crudely populist and fraught with practical problems and constitutional risks.

[Kwasi Kwarteng (Spelthorne) (Con)]

The hon. Gentleman’s comments seem to be a diatribe against all referendums anywhere and are not specific to the Bill. Of course a referendum is populist; it is the most direct form of gauging the popular will. The approach of his argument seems a complete waste of time.

[Mr David]

That is completely untrue. My argument is that there is a clear distinction between important constitutional issues and detailed minutiae. We can argue about the constitutional issues, but there is a big difference between them and a referendum on a raft of detailed minutiae. That is the big difference, which the Bill fails to acknowledge. The Bill is about having referendums on not the big issues, but the small, relatively unimportant ones.

--- Later in debate ---

[Mr David]

It is not for me or anyone else in the debate to say what the committee should or should not decide. I am saying that the Bill expressly excludes a referendum on Turkey’s accession, irrespective of whether it is considered important or not, as a matter of principle. The Bill says that there will not be a referendum on Turkey’s accession no matter how important it is. That is illogical.

[Kwasi Kwarteng]

The simple question that Government Members wish to ask the hon. Gentleman is whether, under his committee, the proposed referendum on Turkish membership would take place. It is incumbent on him to explain how the proposal that his party has made will work in practice. That is what we are trying to get to.

[Mr David]

Who knows who will be on the committee? Who knows what opinions will be expressed? Who knows on what terms Turkey will join the EU, if it ever does join? The big difference is that we are suggesting that there should be proper, open-minded consideration. We are against a closed book on the issue, which is what this Bill suggests.

[Kwasi Kwarteng]

Will the hon. Gentleman give way?

[Mr David]

For the final time.

[Kwasi Kwarteng]

I am reminded of a constituent of mine going to a doctor who gave her some very powerful medicine. When she drank the medicine, she asked, “What will happen to me?” The doctor gave her a reason, but the hon. Gentleman’s answer reminds me of the doctor saying, “I don’t know what will happen to you if you drink this medicine. I do not know what condition you will be in after you have drunk the medicine. I cannot possibly tell you how it will work out.” That seems analogous to the hon. Gentleman’s position.

[Mr David]

I do not think that it is.

Members have asked about our rationale in tabling the amendment. I believe that we have explained it logically and systematically, but I ask the Minister: what is the Government’s rationale in specifically excluding a referendum on accession? Will the Government respond to that? What is the rationale? This is a debate but there is silence from Government Front Benchers—I can only conclude that there is no rationale. There is not, is there?

The situation is quite simple. The Government want Turkey to join the European Union. They consider that to be of tremendous foreign policy importance and they will not allow a referendum to get in the way. That is the truth and they should accept it.

--- Later in debate ---

[Mr David]

I would not claim that for one moment. I had better move on.

If I am bemused by the Government’s exceptions, I am intrigued by their apparent advocacy of judicial reviews as a safeguard for a Government decision not to hold a referendum.

[Kwasi Kwarteng]

Will the hon. Gentleman give way?

[Mr David]

No, not yet.

When I first read the Bill, I was worried about this complicated piece of legislation, compounded by the lack of clarity about the meaning of “power” as opposed to “competence”. I was concerned that it was a potential paradise for lawyers. As I am not an enthusiast for judicial activism, that worried me. I was also worried by the comments of the Foreign Secretary in the Second Reading debate.

Then I delved deeply into the how and why of judicial reviews, and in particular the circumstances in which they are held and the criteria that they examine. The House of Commons Library, as always, provided excellent objective information, and with forensic precision the European Scrutiny Committee carefully examined whether, in the case of the Bill, judicial reviews are likely.

[Kwasi Kwarteng]

I shall try again. In the context of the Bill, does the hon. Gentleman believe there should be a referendum on Turkish accession to the EU?

[Mr David]

I was talking about judicial reviews. I cannot see how that fits into judicial reviews. With all due respect, I know the hon. Gentleman is a new Member, but he should follow the debate.