European Union Referendum Bill

Lord Bowness Excerpts

Tuesday 13th October 2015 Lords Chamber

[Lord Bowness (Con)]

My Lords, the Bill is a Government manifesto commitment and it must pass as quickly as is reasonably possible. I make that statement of the obvious lest anything I say subsequently should be construed in some way as an attempt to oppose the Bill. Having said that, I am afraid that I do not recant from my previous opposition to the idea of a referendum. I regret the Bill. I submit that it is unnecessary and, in the present circumstances, unwelcome.

It is unnecessary because of the European Union Act 2011, which has already ensured that there can be no transfer of powers to the EU without a referendum. It is unwelcome particularly because the Government have deviated from the 2010 position of the Prime Minister, who at that time was against an in/out referendum, and because it represents a success for those whose only agenda is our exit from the European Union.

I wish the Prime Minister well in his efforts to reform matters of concern to Britain and people of all parties. However, I fear that nothing he can bring back from these negotiations, short of a proposal to leave us outside the European Union, will satisfy those whose desire is to see us in precisely that position. It is unwelcome because, unless the result is a vote to leave, it will settle nothing: the Scottish referendum must have at least taught us that. For how long will we consider the issue to be settled: 20, 30 or 40 years? I submit that some choices and decisions made by nations cannot constantly be subject to review. Shall we demand a vote on membership of NATO, which commits us to taking up arms to defend a fellow member? Are we to argue that NATO is a post-war construct, entered into in different times and different circumstances, and that its role is now different from that envisaged by the founders? These are arguments often deployed in connection with the European Union.

Moreover, the referendum is unwelcome because the uncertainty created by the possibility of a British exit is not necessary. A competitive Europe, yes; expanding the single market, yes; a less regulated Europe, yes; but none of that demands treaty change. It merely requires determined working with our partners to negotiate changes to individual pieces of legislation. We will not challenge the fundamentals that would involve treaty change. Everyone acknowledges that that is politically impossible, in terms of both the timescale and the likelihood of obtaining unanimity. Lastly, it is unwelcome —and this is perhaps the greatest cause of its being unwelcome—because it brings into question our membership at a time when we need to be at the heart of the Union, working with our partners on the great economic problems and the problems of immigration, refugees and security, to name but a few.

It is often said—and it has been said this afternoon—that the EU’s original aims have been achieved: that peace in Europe is no longer threatened. Yet the growth of nationalism, extremism and the surrounding security problems must surely mean that we cannot take any of that for granted. The European Union has been a great driver for peace and democratisation in the continent, and it still is: ask the countries that want to join. When I meet parliamentarians from other countries at meetings of the OSCE, they cannot understand why we are putting ourselves in the position of a possible exit, and they are concerned that it might happen. I urge my noble friends in the Government to ensure that we make clear our wish to remain, not just by words but by deeds.

The migration and refugee issue is but one case in point. I acknowledge all that the Government are doing and their reasons for doing it in the way that they are. However, could we not just acknowledge that many small countries in the European Union and many of its neighbours are struggling with problems that are testing their capabilities and resources to the limits? If we are not to take any of the refugees from Europe, could we not offer some logistical assistance on the ground to show that, while we are not part of Schengen, we are not blind to the problems of our fellow Europeans? We can offer aid to the Caribbean, assistance to the Saudis for their prisons, put soldiers on the ground in Sudan, and offer China money to spread the word about British football. A little help for the Greek islands would perhaps be a little more appropriate and would certainly help our negotiations and the building of alliances that have already been said to be so essential in the process on which we have embarked. The case for membership has to be made now, not at the end of the negotiations. The out lobby is already working flat out because it does not care about the outcome: the only issue is whether it can win the vote to come out.

Much has been said this afternoon about the franchise. It is a strange Bill whereby the citizens of three EU countries, who are not UK nationals—the citizens of Ireland, Malta and Cyprus—will have a vote because they are Commonwealth citizens. In addition, there are non-British nationals—we do not know how many; at least, that is what I was told in answer to a Parliamentary Question I tabled in the previous Parliament—resident in the country who are Commonwealth citizens who have the vote. This is probably an issue for another time but, given that we are one of few countries, if not the only country, to allow non-citizens to vote in national elections, the parliamentary franchise needs an urgent review to examine the justification for allowing citizens of Ireland and the Commonwealth this right.

I hear the argument that to change the franchise might delay the vote, but in an age when you can be entered on the electoral roll only a few weeks before an election, some change should be possible, and it should be made in respect of UK citizens resident in other European Union countries. We already have a manifesto commitment to extend the franchise, and since the potential effects of withdrawal would impact on such UK citizens, they are entitled to have a vote.

As other noble Lords have said, we need independent factual information upon which the public may base their decision, and against which they may judge the statements of the in and out campaigns. We need to know what the Government will do if the vote is to leave. We need to know what they will seek. Voters must know what may change in the event of a no vote and the effect it will have on them. Crucially, it must be made clear that what rights are retained will depend on the outcome of the exit negotiations, and that it will be a matter not for us but for the other 27 member states. We will not have a vote.

I therefore hope that my noble friends will accept that although this Bill will, according to the conventions, pass, those conventions do not preclude amendments being sought and supported by many of us. There may be other Members from these Benches—not just me—who will attempt to improve the Bill where we consider it necessary. After all, those with a different view from mine fought their corner in the other place. I shall seek to fight mine here.