Pension Schemes Bill [Lords]

Debate between Lindsay Hoyle and David Lidington

Wednesday 22nd March 2017 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

We remain under suspension, but I call on the Leader of the House to make a statement.

[The Leader of the House of Commons (Mr David Lidington)]

Colleagues will have appreciated that events have been moving rapidly, and I want to emphasise that the knowledge I have that is definite is so far very limited. What I am able to say to the House is that there has been a serious incident within the Estate. It seems that a police officer has been stabbed and that the alleged assailant was shot by armed police, and an air ambulance is currently attending the scene to remove the casualties. There are also reports of further violent incidents in the vicinity of the Palace of Westminster, but I hope that colleagues on both sides of the House will appreciate that it would be wrong of me to go into further details until we have confirmation from the police and the House security authorities about what is going on.

I shall endeavour to do the very best I can, both at the Dispatch Box and by communicating with my opposite numbers in other political parties, to ensure that Members are kept aware of what is happening, but at the moment the very clear advice from the police and the director of security in the House is that we should remain under suspension and that the Chamber should remain in lockdown until we receive advice that it is safe to go back to normal procedures.

[Mr Deputy Speaker]

I am not going to enter into debate at this stage. I just wanted to make sure that people were informed as to why we are in here and in lockdown.

[Valerie Vaz (Walsall South) (Lab)]

May I just thank you for that, Mr Deputy Speaker, and thank the Leader of the House for his statement? Our thoughts and prayers are with the police officer. I thank the police, all the security services and all the staff for looking after us so well.

[Mr Lidington]

I am grateful to the hon. Lady. I think that those sentiments will be shared without reservation in all parts of the House.

[Mr Deputy Speaker]

We remain suspended until further notice.

Business of the House

Debate between Lindsay Hoyle and David Lidington

Thursday 17th November 2016 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Business questions are about understanding—that is the only slight difference.

[Mr Lidington]

I remind the right hon. Gentleman that, as the Prime Minister repeated yesterday, her declared objective is not just the maximum access for British companies to the European market, but the greatest possible freedom to operate within that market as well. Clearly, the detail of that future trading and investment relationship is going to be an absolutely core element of the negotiations that we intend to start next year. I am sure the right hon. Gentleman will be ingenious and experienced enough to find ways of weaving his particular concern into next week’s debate or indeed on other occasions.

European Affairs

Debate between Lindsay Hoyle and David Lidington

Thursday 25th February 2016 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. What I would say is that it is the choice of the Foreign Secretary, and who knows, we may hear something yet, as the Minister for Europe has so far only managed to get three words out.

[Mr Lidington]

My right hon. Friend the Foreign Secretary is meticulous in his courtesies to this House, but sometimes Secretaries of State for Foreign and Commonwealth Affairs have to deal with extremely urgent matters to do with this country’s national security.

I want to single out the speech made by my right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames), as anybody who heard it, whichever side of this argument they stand on, will remember it as one of the great parliamentary set pieces of their years in this place.

I do not want to dwell at length on the arguments about renegotiation, because my right hon. Friend the Prime Minister went into them in great detail and answered questions about the subject for three hours on Monday. I simply say that I have sat through a fair number of these debates in the last six years, and I will be the first to say to my hon. Friends the Members for Wycombe (Mr Baker) and for North East Somerset (Mr Rees-Mogg) that they are models of consistency in their opposition to British membership of the European Union. If the Prime Minister had come back from Brussels brandishing the severed heads of the members of the European Commission and proceeded to conduct an auto-da-fé in Downing Street of copies of the Lisbon treaty, they would still be saying, “This is feeble, insufficient, not enough.”

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[The Minister for Europe (Mr David Lidington)]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The Minister for Europe is desperate to answer.

[Mr Lidington]

I am happy to respond. The Prime Minister responded to this point in answer to questions on Monday. The Government have a very clear position, which is to recommend to the country that people vote to remain members of a reformed European Union. Quite exceptionally, Ministers are being allowed to depart from the normal rules on collective responsibility in order to dissent from the official Government position on that referendum question, but the civil service exists to serve and support the policy agreed by the Government of the day. The letter published by my right hon. Friend the Prime Minister, subsequently extended by formal guidance from the Cabinet secretary to civil servants, does no more than give effect to that policy.

[Mr Jenkin]

Further to that point of order, I am grateful for your indulgence, Mr Deputy Speaker, but that does not answer a great many of the questions. How can I raise this very urgent matter?

European Union Referendum Bill

Debate between Lindsay Hoyle and David Lidington

Monday 7th September 2015 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Manuscript amendment (a) to Government new clause 10, after subsection 5 insert—

‘(5A) Any regulations under subsection (2) must be made not less than four months before the date of the referendum.’.

The purpose of the amendment is to ensure that the “purdah” arrangements that govern ministerial and official announcements, visits and publicity are made at least four months before the date of the referendum.

New clause 5—Restriction on publication etc. of promotional material by central and local government 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 question on which the referendum is being held;

(c) puts any arguments for or against the proposition that the United Kingdom should remain a member of the European Union; or

(d) is designed to encourage voting at the referendum.

(2) Subject to subsection (3), no material to which this section applies shall be published during the relevant period by or on behalf of—

(a) any Minister of the Crown, government department or local authority; or

(b) any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority.

(3) Subsection (2) does not apply to—

(a) material made available to persons in response to specific requests for information or to persons specifically seeking access to it;

(b) anything done by or on behalf of the Electoral Commission or a person or body designated under section 108 (designation of organisations to whom assistance is available) of the 2000 Act;

(c) the publication of information relating to the holding of the poll; or

(d) the issue of press notices;

and subsection (2)(b) shall not be taken as applying to the British Broadcasting Corporation or Sianel Pedwar Cymru.

(4) In this section—

(a) publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means (and “publication” shall be construed accordingly);

(b) “the relevant period”, in relation to the referendum, means the period of 28 days ending with the date of the poll.’.

This new clause replicates section 125 of the Political Parties, Elections and Referendums Act 2000, and applies it directly to the EU Referendum. It is supplemented by New Clause 6 on Exemptions to prohibition on publication of promotional material by central and local government etc. (No.2). Amendment 4 removes from the Bill the disapplication of section 125 of the 2000 Act.

New clause 6—Exemptions to prohibition on publication of promotional material by central and local government etc. (No. 2)—

‘(1) For the purposes of the referendum the Secretary of State may, by regulations, specify materials that he or she intends or expects to publish in the relevant period to be exempted from the prohibitions on the publication of materials under section (Restriction on publication etc. of promotional material by central and local government etc.).

(2) Any materials listed in regulations made under this section will not be subject to the prohibitions on publication under section 125 of the 2000 Act.

(3) In this section “the relevant period”, in relation to the referendum, means the period of 28 days ending with the date of the poll.’.

This gender-neutral new clause permits the Government to specify material that they intend or expect to publish in the “purdah” period for the referendum that would be exempted from the prohibition on publication of promotional material contained in section 125 of the Political Parties, Elections and Referendums Act 2000, which Amendment 4 would apply to the EU Referendum. The material would have to be specified in regulations exercisable by statutory instrument, which under clause 6 of this bill must be laid before and approved by a resolution of each House of Parliament.

Amendment (a) to new clause 6, at end add—

‘(4) Before laying any regulations under subsection (1) the Government shall seek the advice of the Electoral Commission on the subject of the proposed regulation.

(5) Any advice given by the Electoral Commission under this section shall be published by the time the regulation is laid.

(6) Any regulations under subsection (1) must be made not less than four months before the date of the referendum.’.

The Electoral Commission gives advice to the Government about proposed referendums. The proposed subsections (4) and (5) would reinforce this role in respect of regulations made under this section. Subsection (6) sets a time limit to ensure stable “purdah” arrangements are in place in advance of the start of referendum campaign.

Amendment 11, in clause 10, page 5, line 28, at end insert—

‘(1A) (a) Section 1 will come into effect after a resolution has been passed by both Houses approving arrangements for a purdah period covering a period of five weeks before the referendum date.

(b) arrangements for a purdah period will include—

(i) restrictions on material that can be published by the government, public bodies and the EU institutions; and

(ii) measures to determine breaches of purdah and penalties for such a breach.’

The referendum provision of the Bill could only come into effect after arrangements for purdah had been approved by both Houses of Parliament.

Government amendment 53.

Amendment 78, in schedule 1, page 19, line 23, leave out paragraph 26 and insert—

‘26 (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 4, page 19, line 23, leave out paragraph 26.

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. The amendment should be read in conjunction with New Clause 5 (Restriction on publication etc of promotional material by central and local government etc) and New Clause 6 (Exemptions to prohibition on publication of promotional material by central and local government etc (No.2)).

[Mr Lidington]

In Committee, I promised to reflect on the concerns that were raised about the Government’s proposal to disapply, for the purposes of the EU referendum, section 125 of the Political Parties, Elections and Referendums Act 2000. The Government accept completely the importance of the referendum being conducted in a way that is both fair and seen to be fair by the partisans on both sides of the debate. In particular, that means that the conduct of both Ministers and civil servants must be beyond reproach. We are therefore bringing to the House today proposals that we believe provide the rigorous safeguards wanted by hon. Members on both sides of the House.

I reiterate what the Foreign Secretary and I have both said before, namely that the Government will not undertake activities during the final 28 days of the campaign that would be seen as the province of the lead campaign organisations. In particular, there should be no question of the Government undertaking any paid advertising or promotion, such as billboards, door drops, leafleting, or newspaper or digital advertising during that period.

European Union (Referendum) Bill

Debate between Lindsay Hoyle and David Lidington

Friday 22nd November 2013 Commons Chamber

[Mr Lidington]

I am sure that every amendment tabled to any Bill by the hon. Gentleman is serious in intent, but Mr Speaker judges not the quality of the content of an amendment, but whether it is in order. If it is in order—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

It is orderly. I am sure that no one will want to challenge Mr Speaker’s decision. I am correct on that I take it, Mr Gapes.

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[Mr Lidington]

I am going to make some progress. [Hon. Members: “Give way.”] The commission first proposed—[Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. In fairness to the Minister, he has given way a couple of times and does not want to do so again. Having three Members shouting “Give way” when he has no intention of doing so is not good for me or for Members, because I cannot hear anything.

[Mr Lidington]

The commission first suggested that Parliament should reflect on whether to use the word “remain” in place of the phrase “be a member of”. As it acknowledged in its report, the judgment about that wording boiled down to an assessment of whether one believed that either form of wording would tilt the electorate unfairly towards supporting one or other camp in the referendum campaign. The problem with trying to make that assessment is that it requires making an assumption about how other members of the electorate will be affected by the wording. My own view is that if we look not just at the theory of how people might react but at the practical context of a referendum campaign, the outcome of which will certainly be a subject of very vigorous public political debate, it is hard to see how the form of words proposed by my hon. Friend is likely to tilt the playing field one way or the other.

Court of Justice of the European Union

Debate between Lindsay Hoyle and David Lidington

Tuesday 11th June 2013 Commons Chamber

[Mr Lidington]

I am always willing to say that if any right hon. or hon. Member, or any UK business, can come forward with evidence that another member state is refusing to implement European law—whether that is law as interpreted by the Courts or the law as enacted through the European legislative process—we will be happy to champion those British citizens or companies with the relevant institutions. As I am sure the hon. Gentleman will know, once law has been established and clarity assured by a judgment from the Court, it is then for the European Commission to initiate infraction proceedings if a member state fails to implement the European Court’s rulings. It is fair to say that sometimes there is argument after the judgment about the exact meaning—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We are drifting from the question of advocates-general. Mr Shannon has tempted you, Minister for Europe, and you should know better. Back on course!

[Mr Lidington]

If the hon. Member for Strangford (Jim Shannon) applies to Mr Speaker for an Adjournment debate, he and I might have the opportunity to explore those matters in the detail that he so ardently desires.

Let me return to the issue we are debating and the criticisms the European Scrutiny Committee has raised. Let me turn first to the important issue of funding. Although broadly supporting the proposal, the Government are clear that any additional advocates-general should not and need not result in an increase in the Court’s budget. The appointment of the new post holders and their support staff should lead to a relatively small additional cost of about €4 million a year, which the Court can meet from within its existing budget. Its budget was more than €354 million for 2013, and the Court has underspent by more than the cost of the additional advocates-general in each of the last three years. In the current economic climate, there is an imperative on all the EU’s institutions, including the Court, to find ways to reduce their administrative costs.

As I set out in paragraph 12 of my explanatory memorandum to the European Scrutiny Committee, the UK is prepared to submit a minute statement in Council to set out our expectation that the increase is cost-neutral. If necessary, we will do that during voting on the Council decision. As I know the House understands, a minute statement in itself will not be enough to guarantee cost-neutrality, but would be a clear statement of the United Kingdom’s position ahead of the separate financial negotiations next year on the annual budget. Indeed, the minute statement is not intended to secure budget neutrality at this stage, but is intended to signal clearly the beginning of our negotiating position for next year.

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[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I have allowed the right hon. Gentleman to intervene on the Minister even though he only arrived in the Chamber three minutes ago. However, the debate is about advocates-general, not about judges.

[Mr Lidington]

I would say to my right hon. Friend the Member for Wokingham (Mr Redwood) that we need less legislation at European level. We need legislation to be written as clearly as possible, so that there is less need for the arbitration of the Courts. Regarding some of his criticisms of the ambiguity and over-prescriptive nature of European law, I have to say that I have heard such criticism being made of United Kingdom Acts of Parliament as well from time to time. None of this is perfect. He might have missed the point that I made earlier in my speech that British business finds it helpful to have a European Court of Justice applying the rules of the single market with clarity and, one would hope, with fairness. There have been a number of leading cases in which the decisions of the European Courts have led to significant practical advantages and opportunities for United Kingdom businesses and business sectors.

I want to give a little additional information to the right hon. Member for Leicester East. I have been advised that Lord Mance is the United Kingdom’s member on the panel and that there are seven members of it in total. From memory, they are people who are selected on merit and who have held usually very senior judicial office, perhaps in the constitutional court or supreme court of their own country.

European Union (Croatian Accession and Irish Protocol) Bill

Debate between Lindsay Hoyle and David Lidington

Tuesday 6th November 2012 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am aware that the hon. Gentleman has only just come in, but we do need shorter interventions. I know that he gets carried away, but I am sure that he will be shorter in future.

[Mr Lidington]

I am not going to get drawn into a historical battle about my predecessors’ record in office. I would argue that the previous Government were too reluctant to use the leverage that we had from negotiations at the time of the Lisbon treaty, but that is a matter that the House can debate and historians will no doubt wish to comment on in future, and I do not want to spend further time on it today.

The measure before us will provide for the accession of Croatia to the European Union, thus marking another step in the Government’s long-held support—this country’s long-held support under successive Governments—for the enlargement of the European Union. Enlargement has been a project whereby the European Union has benefited from the United Kingdom’s ideas, engagement, and—dare I say it?— leadership over many years and under successive Administrations.

If we compare the history of Europe in the 20 years since the fall of the Berlin wall with the 20 years following the treaty of Versailles, drawing a contrast between, in the earlier period, a time when fragile new democracies collapsed under the strain of domestic political tension, dictatorship and invasion, and, in the 20 years just passed, a time when we have seen democracy, the rule of law and human rights entrenched in ever more countries on our continent, we can see the advantage that European Union enlargement has brought, and we can be proud of our own nation’s contribution to that process. In that spirit, I ask the House to support the Bill’s Second Reading.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I call Michael Connarty. [Interruption.] Sorry, I mean Emma Reynolds.

European Union Bill

Debate between Lindsay Hoyle and David Lidington

Tuesday 8th March 2011 Commons Chamber

[Mr Lidington]

I know that the hon. Gentleman has at least been consistent in pushing that line, but I have to remind him that his party, when it was in office, and all other parties, agreed unanimously to changes to our procedures and the organisation of parliamentary time that explicitly gave responsibility for those biannual debates on European matters to the Backbench Business Committee rather than the Government.

We have heard this afternoon about the importance of decisions in the EU to everybody in the country, and it would be a good expression of Parliament’s understanding of that point if Back Benchers of all parties put pressure on the Backbench Business Committee to make a debate on Europe a priority, instead of debates on the other matters that the Committee has chosen in response to Back Benchers’ demands. Back Benchers’ priorities should be debated in Back-Bench time, and I believe that most of us present this evening would like the Committee to feel that a debate on Europe was what Back Benchers wanted. I hope the hon. Gentleman will persuade his colleagues of that.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am sure that we want to deal with new clause 1, and I am sure the Minister recognises that he is drifting away from the subject. He has been tempted all over the place, but I am sure he will want to deal with what is before us.

[Mr Lidington]

I simply remind all hon. Members who want to take forward these wider arguments that I said in my written ministerial statement on scrutiny on 20 January, which referred mostly to justice and home affairs, that the Government would

“review the arrangements for engagement on EU issues in consultation with Parliament.”—[Official Report, 20 January 2011; Vol. 521, c. 52WS.]

I invite them to take advantage of that opportunity.

I turn to the detail of new clause 1, which causes me concern because it would result in the United Kingdom having a substantially different policy with regard to information on EU decision making from that on domestic policy making. It would also represent a substantial impediment to the UK’s ability to negotiate effectively in an intergovernmental conference, in the European Council and in the Council of Ministers. As a number of Members have said, it could have a negative impact on our relationship with other member states and the EU institutions, and more generally on the process of good policy making and legislation.

The negative effect on our ability to negotiate at the Council of Ministers concerns me most. First, action to comply with the statutory duty that the new clause would impose on Ministers could reveal sensitive information about the UK’s long-term negotiating approach in a number of areas. I do not believe it is sufficient protection to say that the negotiations would be complete or substantially complete by the time the documents were made available, because it is very rare that negotiating positions taken in respect of one piece of legislation do not have a read-across to positions on other matters that will probably still be live dossiers when that legislation has been agreed to.

Secondly, complying with the new clause would mean that our tactics in negotiations would have to take into account the duty to make negotiating positions on proposed amendments public at a later stage. For example, there are occasions on which we try to persuade other member states to propose, or take the lead on, particular amendments so that we can concentrate our time and energy on different amendments that perhaps have less widespread support. If a Minister knew that he might be criticised if it became public that he had not sponsored a particular amendment, that would constrain our negotiating tactics and weaken our negotiating strategies.

I quite understand that the proponents of the new clause might want to see how a decision is made at EU level and the details of what part the UK has played in that process, but I do not want any Ministers of any Government who are fighting for Britain’s interest in future discussions and negotiations to be doing so with one hand tied behind their back. It is absolutely essential to our national interest that Ministers can negotiate effectively on behalf of our country.

As a number of Members have said, including my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips), the new clause would also have implications for information that we have on record about the positions of other member states. There is even a risk that its requirements could put us in conflict with existing European legislation. As a member state of the EU, we are party to the terms of the access to documents regulation, article 5 of which requires that when any member state intends to disclose a document originating from one of the EU institutions, it must consult that institution before public disclosure. If, under the new clause, we had to release a text submitted at a Council working group that included proposed amendments from each member state, and the agreement of the Council as a whole had not been sought or obtained, we could potentially be at risk of infraction proceedings and ultimately a fine. As the new clause is drafted, it is quite possible that our obligations as an EU member state could be at odds with the statutory duty that the new clause would create.

European Union Bill

Debate between Lindsay Hoyle and David Lidington

Tuesday 1st February 2011 Commons Chamber

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. We have already ruled on that question.

[Mr Lidington]

I think the hon. Member for Luton North (Kelvin Hopkins) is demonstrating that he has political ambitions as yet unfulfilled.

I can now assure the hon. Member for Caerphilly (Mr David) that expert advice has reached me confirming that my trust in the Electoral Commission was well placed and that the electorate of Gibraltar were indeed considered in the context of the south-west region and assessed in accordance with the Sainte-Laguë system.

The hon. Member for Wolverhampton North East asked me about the different options for selecting the additional MEPs. The protocol allows member states to choose between three options. First, member states could use the 2009 European parliamentary election results and elect the additional MEPs as if the additional seats had existed at the time of those 2009 elections. That is the method that we have chosen.

The second option would be to hold a by-election. In this case, that would mean holding a by-election in the west midlands region for a single MEP at an estimated cost of perhaps £10 million. The third option would be for member states to appoint temporarily one of their national parliamentarians to become the new MEP for the remainder of the current European parliamentary term. [Interruption.] The hon. Member for Wolverhampton North East indicates that the hon. Member for Luton North or perhaps the right hon. Member for Rotherham (Mr MacShane) might be candidates in such circumstances.

The previous Government decided in February 2010 that the UK’s additional MEP would be elected by reference to the results of the most recent European parliamentary elections, as though the additional seat had existed at that time. The present Government have continued our predecessor’s chosen approach, and the clauses are framed in that way. That is also the method used by the great majority of other member states that are gaining MEPs. In fact, some member states elected additional MEPs during the 2009 elections on the basis that they could take up their seats only once the transitional protocol had come into force.

Our chosen method avoids the delay and the cost associated with a by-election and would allow us to return the additional MEP as soon as possible after the approval of the relevant provision in the Bill. It also has the merit of being exactly the same method that we use in any case to fill a vacant British seat in the European Parliament after the death or resignation of an elected MEP. Again, these clauses and schedule 2 would apply only until the additional seat had been filled and until the next European parliamentary election, which is scheduled for 2014.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16 ordered to stand part of the Bill.

Clause 17

Election of additional MEP

Question proposed, That the clause stand part of the Bill.

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[The Chairman]

Order. We are getting carried away and are drifting. I am sure that the Minister wants to get back to the point.

[Mr Lidington]

I will leave it to the hon. Lady to try to explain that distinction on the doorstep.

The hon. Member for Caerphilly (Mr David) asked about expenditure authorised by clause 13. We have to understand the distinction between an authority to spend, which is what we are debating, and what the level of any expenditure should be. If we did not have the authorising power, as set out in clause 19, the Electoral Commission would simply not be able, without going ultra vires, to promote public awareness of a referendum or the subject matter of a referendum. The Electoral Commission, like any other Department or organisation funded by the taxpayer, has a budget that is set through negotiation with the relevant Departments and the Treasury, and it will have to make provision from within that budget. If it really feels that it needs more, it will have to come back to the Government to seek agreement for a supplementary authorisation for additional spending, in the way that such things are usually provided for. We are debating a power under the clause for the Electoral Commission lawfully to spend money on a particular set of objectives, and nothing more.