Lindsay Hoyle
Main Page: Lindsay Hoyle (Speaker - Chorley)Department Debates - View all Lindsay Hoyle's debates with the HM Treasury
(9 years, 4 months ago)
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Alex Salmond (Gordon) (SNP)
On a point of order, Mr Hoyle. I could not help noticing in your excellent selection of amendments that you have selected in the second group Government amendment 55, which, as I see from my amendment paper, is a starred amendment. That is not surprising, since it was tabled, I understand, at 9.35 pm last evening in a disorganised, spatchcock, humiliating climbdown. I accept the Government’s humiliating climbdown with good grace, but how usual is it for a starred amendment to be called and, presumably, divided on in Committee of the whole House?
The Chairman
The good news is that I was in charge of selection, and it is well within order. It is unusual, but that is where we are at. We will now continue, because I know that the hon. Gentleman wants to get us under way.
Clause 1
The referendum
Alex Salmond
I beg to move amendment 16, page 1, line 4, at end insert—
‘(2) The Chief Counting Officer shall declare whether the result of the referendum is that a majority wish the United Kingdom to leave the European Union.
(3) The Chief Counting Officer may declare that a majority wish the United Kingdom to leave the European Union only if—
(a) a majority of total votes cast in the referendum in the United Kingdom are against the United Kingdom remaining a member of the European Union, and
(b) a majority of the votes cast in the referendum in each of England, Scotland, Wales and Northern Ireland are against the United Kingdom remaining a member of the European Union.”
This amendment imposes a double majority requirement for withdrawal, which would have to be supported by a majority the whole of the UK and by majorities in each of its four constituent parts.
The Chairman
With this it will be convenient to discuss the following:
Amendment 49, page 1, line 7, leave out “31 December” and insert “1 July”.
The amendment would require the referendum to take place before 1 July 2017.
Amendment 50, page 1, line 8, leave out “2017” and insert “2016”.
The amendment would require the referendum to take place before 31 December 2016.
Amendment 4, page 1, line 8, at end insert—
‘(3A) No later than ten weeks before the date on which the referendum is to be held the Secretary of State must lay before both Houses of Parliament an independent report by the Office for Budget Responsibility on the implications for the sustainability of the public finances of the United Kingdom leaving the European Union.”.
The amendment would require the Secretary of State to publish, ten weeks before the referendum, a report by the OBR on the consequences of the United Kingdom leaving the European Union.
Amendment 5, page 1, line 8, at end insert—
‘(3A) No later than ten weeks before the date on which the referendum is to be held the Secretary of State must lay before both Houses of Parliament a report on the consequences of the United Kingdom leaving the European Union for each ministerial departments’ responsibilities.”.
The amendment would require the Secretary of State to publish, ten weeks before the referendum, a report by each Secretary of State on the consequences of the United Kingdom leaving the European Union for their areas of ministerial responsibility.
Amendment 6, page 1, line 8, at end insert—
‘(3A) No later than ten weeks before the date on which the referendum is to be held the Secretary of State must ask for and lay before both Houses of Parliament any assessment made by the Bank of England on the consequences of the United Kingdom leaving the European Union.”.
The amendment would require the Secretary of State to publish, ten weeks before the referendum, any assessment by the Bank of England on the consequences of the United Kingdom leaving the European Union.
Amendment 46, page 1, line 8, at end insert—
‘(3A) No later than ten weeks before the date on which the referendum is to be held the Secretary of State must lay before both Houses of Parliament a report by the Office for Budget Responsibility on the consequences for the Transatlantic Trade and Investment Partnership of the United Kingdom leaving or remaining a member of the European Union.”
The amendment would require the Secretary of State to publish, ten weeks before the referendum, a report by the OBR on the consequences for TTIP of leaving or remaining a member of the European Union.
Amendment 47, page 1, line 8, at end insert—
‘(3A) No later than ten weeks before the date on which the referendum is to be held the Secretary of State must lay before both Houses of Parliament a report on the consequences for negotiations on the Transatlantic Trade and Investment Partnership of the United Kingdom leaving or remaining a member of the European Union.”
The amendment would require the Secretary of State to publish, ten weeks before the referendum, a report on the consequences for negotiations on TTIP of leaving or remaining a member of the European Union.
Amendment 54, page 1, line 8, at end insert—
‘(3A) Before appointing a day under subsection (2) the Secretary of State shall lay before both Houses a report on materials which any Minister of the Crown, government department or local authority or any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority intend or expect to publish in the period of 28 days ending with the date of the referendum that—
(a) deals with any of the issues raised by any question on which the referendum is being held;
(b) puts any argument for or against any particular answer to any such question; or
(c) is designed to encourage voting at the referendum.”
This amendment requires the Government, prior to setting a date for the Referendum by regulations subject to the affirmative procedure, to publish a report on what publications which would normally be prohibited by Section 125 of the Political Parties, Elections and Referendums Act 2000 the Government intends or expects to publish in the four weeks before the referendum.
Amendment 11, page 17, line 37, in schedule 1, leave out paragraph 25 and insert—
‘25 (1) Section 125 of the 2000 Act (restriction of publication etc of promotional material by central and local government etc) applies in relation to the referendum during the referendum period with the following modification.
(2) Section 125(2)(a) of the 2000 Act has effect for the purposes of the referendum as if, after “Crown”, there were inserted “including ministers in the Scottish Government, the Welsh Government, the Northern Ireland Executive and Her Majesty‘s Government of Gibraltar”.’
The purpose of the amendment is to apply the “purdah” arrangements that govern ministerial and official announcements, visits and publicity during general elections to the campaign period before the referendum.
Amendment (a) to Schedule 1, leave out “modification” and insert “modifications”.
Amendment (b), at end add—
‘(3) Section 125(2) of the 2000 Act has effect for the purposes of the referendum with the addition of subsection—
“(e) advocacy on any issue having a bearing on the outcome of the referendum””
New clause 3—Restriction on publications etc—
‘(1) This section applies to any material, which—
(a) provides general information about the referendum,
(b) deals with any of the issues raised by the referendum question,
(c) puts any arguments for or against any outcome, or
(d) is designed to encourage voting at the referendum.
(2) Subject to subsection (3), no material to which this section applies is to be published during the relevant period by or on behalf of—
(a) the UK government,
(b) the House of Commons or House of Lords,
(c) the devolved administrations,
(d) any local authority,
(e) public bodies, or
(f) the European Commission and European Parliament.
(3) Sub-paragraph (2) does not apply to—
(a) existing material made available to persons in response to specific requests for information or to persons specifically seeking access to it, or
(b) anything done by or on behalf of—
(i) a designated organisation,
(ii) the Electoral Commission, or
(c) the Chief Counting Officer or any other counting officer, or
(d) the publication of information relating to the holding of the poll.
(4) In this paragraph—
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means (and “publication” is to be construed accordingly),
“the relevant period” means the period of 28 days ending with the date of the referendum.
(a) A breach of the rules set out in this section, will be an offence.
(b) A person guilty of an offence under this section, is liable—
(i) on conviction on indictment, to a fine;
(ii) on summary conviction in England and Wales, to a fine;
(iii) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
(iv) on summary conviction in Gibraltar, to a fine note exceeding level 5 on the Gibraltar standard scale.’
The New Clause prescribes a period of “purdah” in the four weeks before the referendum.
New clause 4—Referendum Fairness Board—
‘(1) There shall be a committee of privy counsellors, to be called the Referendum Fairness Board, whose duty is to consider any alleged breach of section (Restriction on publications etc) which comes attention of any of its members.
(2) Each of the following presiding officers for the time being may appoint any privy counsellor as a member of the board—
(a) the Speaker of the House of Commons,
(b) the Lord Speaker,
(c) the Presiding Officer of the Scottish Parliament,
(d) the Speaker of the Northern Ireland Assembly, or
(e) the Presiding Officer of the National Assembly for Wales.
(3) The Board shall prescribe its own rules of procedure, which must include procedures for—
(a) instituting legal action to interdict or injunct any further breach or repetition of an alleged breach, and
(b) drawing to the attention of the relevant prosecuting authority any serious or continuing breach of section (Restriction on publications etc).’
The New Clause provides for swift enforcement of the “purdah” rules which would apply under the linked New Clause in the four weeks leading up to the referendum.
Alex Salmond
There is a link of continuity between amendment 16 and the point of order that I made—that the theme should be one of respect. There has been a great deal of talk about respect by the Prime Minister in recent years, but particularly since the result of the election of last month. He said, for example:
“Governing with respect means recognising that the different nations of our United Kingdom have their own governments, as well as the UK government.”
The amendment is about giving acknowledgment to that respect in relation to the European referendum. [Interruption.] Does the right hon. and learned Member for Beaconsfield (Mr Grieve) want to intervene? If so, then of course I will gladly allow him.
The Chairman of Ways and Means (Mr Lindsay Hoyle)
Order. We now come to another maiden speech. I call Andrea Jenkyns.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
On a point of order, Mr Hoyle. Excuse me, but I thought we were discussing amendments, not the views of certain businessmen about the EU. Surely we should stick to the amendments.
The Chairman of Ways and Means (Mr Lindsay Hoyle)
The Chair can decide what is in order and what is out of order, but I thank the hon. Gentleman for his intervention.
Mr McFadden
Of course, some Members do not like hearing these warnings and find them unpalatable, and people are entitled to disagree with them, but there are fundamental implications for trade and investment that the Department for Business, Innovation and Skills and other Departments with an interest in investment, jobs and trade should study and make information available about.
It is not just about trade, however: what would exit mean for the employment rights that millions of people have today? I think, for example, about the right to paid leave or to be treated equally as a part-time worker, and about the TUPE rights, which apply when a company is taken over and which stem from the acquired rights directive? What would happen to those employment rights, many of which were agreed at the European level, if we left?
Then there is the important area of universities and research. We have some of the best universities in the world, and not surprisingly they do very well when bidding for EU research funds. EU funding provides an additional 15% on top of the UK Government’s own research budget. Funds for research projects requested by UK higher education institutions from the European Commission rose from £424 million in 2008 to £714 million in 2012. My local university, the University of Wolverhampton, receives £3 million a year for research work and £20 million a year for knowledge exchange and work with businesses from the EU.
The Chairman
Thank you, Mr Jenkin. We do not need any applause. We can save that for another occasion.
I was giving the right hon. Gentleman some time, but we now need to get on to the amendments. As important as Wolverhampton is to him and me, I am sure that discussion of the amendments would be more welcome in the Chamber.
Mr McFadden
The point is that right across the piece— whether trade, university research or farming and agriculture —there is a strong case for each Department producing a report on the implications of exit, as amendment 5 calls for.
Amendment 6 deals with the Bank of England assessment. As we know, the Bank is independent, but we also know, thanks to a stray finger that sent an email to a journalist rather than a Bank staff member, that the Bank has begun work on Project Bookend, its own internal assessment of the consequences of a British exit. As my hon. Friend the Member for Nottingham East (Chris Leslie), the shadow Chancellor, said a few weeks ago, we would expect the Bank to carry out an assessment, but there would be significant public interest in it, so the amendment asks that the Government publish it if they receive it from the Bank.
The Chairman of Ways and Means (Mr Lindsay Hoyle)
May I suggest that perhaps the hon. Gentleman ought to take a seat? The last thing that I want him to do is get himself into difficulty, and take too much out of himself. Please, Sir William, do whatever you feel is necessary,
Sir William Cash
I will sit down then. I am sorry to have to make my speech in this way, but I have been in hospital for the last four days.
Our problem is this: the situation in which we now find ourselves is not necessary. I speak more in sorrow than in anger, because I have spoken to the Minister for Europe, and we had a good discussion, as we always do. I was also grateful to him for saying in a letter that he was himself grateful for the constructive way in which concerns had been raised. It must be said, however, that the Government have not allayed those concerns, and that is the real point. I shall try to explain why, but let me first congratulate the Government on having listened. They listened over the question of having a referendum at all, they listened over the question of whether we should veto the fiscal compact, and they listened over the reduction in the budget. Those are all positive steps.
Having given the matter as much thought as I could—admittedly, I had an opportunity to do so from my hospital bed—I have to say that, in this instance, I am convinced that the Government are taking a step in the wrong direction. However—I ask Ministers to listen, if they would be kind enough to do so—it is possible for them to retrieve the situation so that there need not be a vote against.
Ultimately, what is raised is a question of trust. There are extremely strong reasons for the provisions in section 125 of the Political Parties, Elections and Referendums Act 2000, but we have heard very little about those provisions. Let me briefly explain them, so that people will know what we are about to repeal. Most might assume that, given the momentous and historic nature of the EU referendum, what is good enough for a Scottish referendum, a referendum on the alternative vote, and a Welsh referendum—all of which have taken place under Conservative-led Governments in the last few years—ought to be applicable to a referendum that goes to the heart of how we are governed and who governs us.
However, it is not just about trust. We do not know what the outcome of the promised discussions and consultations will be, but we do know that conducting a referendum in a manner that is unfair on the voters is an extremely retrograde step in the kind of democracy that we uphold. The provisions in the 2000 Act were introduced for very sound reasons. I applaud the then Government for that, and, even at this late stage, I appeal to the present Government to think again.
Incidentally, this has absolutely nothing to do with Maastricht or anything like that. There was a rebellion then because we did not have a referendum. On this occasion, we merely wish to ensure that the voters are given a fair choice. That must be one of our prime duties, because we are sent here as representatives of those people. If the Bill is passed, we shall have made a decision to transfer back to those people, by means of an Act of Parliament, the right to make their own decision. Therefore, they will have an absolute right to know that the way the referendum is conducted will in no way be canted or manipulated, whether for yes or no. Taking this out and then asking us to consider on the basis of consultations yet to come seems to me quite bizarre, because if the Government were good enough to accept my amendment 11—I am grateful for the support of many Members on both sides of the House on that—nothing would change in terms of the referendum. It is not going to take place in any immediate future. All we will be doing is re-securing the status quo so that we will then have the restrictions set out in section 125. I will come on to that section in a moment, and demonstrate what we would actually be repealing this evening. This is not just a Eurosceptic argument. This is not about a Eurosceptic position, in essence. It may be that we would prefer to ensure there is a fair vote, but the real question is about our democracy. That, to me, is the main question.
Mr Kenneth Clarke
How far does my hon. Friend want to take this? In a general election, the whole government machinery closes down for four weeks and studies the potential future of alternative political masters and waits to see what the political policy of the new Government will be. In this case, however, the Government at the time of the referendum will be the Government for the next several years, and the Government, as a Government, will have been involved in producing the terms that are part of the referendum. Does my hon. Friend intend that no Minister can act as a Minister, as could be the case if we strictly applied purdah, or take advice for all those weeks on anything that might pertain to an issue in the referendum? Is the Prime Minister going to be prevented from expressing a view? Surely some compromise that is a modification of purdah is required—
The Chairman of Ways and Means (Mr Lindsay Hoyle)
Order. The right hon. and learned Gentleman has been here longer than most Members, and he should know that interventions must be short, especially if he wants to make a speech later.
Sir William Cash
I seem to have spurred my right hon. and learned Friend to a passionate pursuit of his arguments, because he does not want what I am proposing at all. The fact is that the Electoral Commission says the proposal to remove section 125
“could mean that governments and others will be free to spend unlimited amounts of public funds promoting an outcome at the referendum right up until polling day.”
It goes on to say:
“In the Commission’s view, there is a risk that the use of significant amounts of public money for promotional activity could give an unfair advantage to one side of the argument. Unlimited government spending would also undermine the principle of having spending limits for registered campaigns.”
We have already heard about the interference in the Scottish referendum, and what the right hon. Member for Gordon (Alex Salmond) said is completely right.