European Union Referendum Bill

Lord Forsyth of Drumlean Excerpts

Tuesday 13th October 2015 Lords Chamber

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, I am privileged to open Second Reading of the EU Referendum Bill. The Bill will enable the Government to deliver our manifesto commitment to hold a referendum on the UK’s membership of the European Union before the end of 2017.

That commitment was rooted in our desire to give the British people the final say on an issue that goes to the heart of the governance of this country—an issue on which we have not directly consulted the people for more than 40 years. Since 1975, the United Kingdom has held referendums on devolution, as well as on our voting system, and in the long years since that vote in 1975, the UK’s relationship with the European Union has changed beyond all recognition. Whether noble Lords believe that this change has been for good or ill, or somewhere inbetween, it is right that the people now get to have their say.

Voters in other member states have had their opportunity. Their Governments have continued to ask for their consent. Indeed, in the past four decades, there have been more than 30 referendums on the EU right across Europe—Ireland alone has had eight—but not one has been held here, to give the British people their say, since 1975.

Of course, the referendum does not stand in isolation. This Government are committed to negotiating a new settlement for the United Kingdom in Europe: a settlement that ensures that the European Union is able to meet the challenges of the 21st century; above all, a settlement that addresses people’s concerns about the European project.

The negotiation will be difficult. There will be noise and possibly setbacks along the way, but the Government are confident that we can negotiate a new deal to put to the British people at the referendum.

I will now briefly set out the provisions of the Bill. The EU Referendum Bill does what it says on the tin. It will enable a robust and fair referendum to take place and, crucially, it will enable a referendum that is also seen to be fair.

The Bill is simply about the mechanics of the referendum, and is based on existing electoral law: particularly the Political Parties, Elections and Referendums Act 2000. It sets the end of 2017 as the deadline to hold the referendum. It also rules out 5 May 2016 and 4 May 2017, when local and devolved elections are taking place across the country, as referendum dates. Otherwise, the Bill is silent on timing. As the Prime Minister has made clear, progress on the renegotiation will determine the date of the referendum. Ultimately, Parliament will decide whether to approve the date suggested by the Government. The date will be set by statutory instrument and subject to the affirmative procedure.

The Bill also sets out who is entitled to vote. This is a vote about the future of the United Kingdom in Europe, so it is right that we use the Westminster franchise as our starting point for this referendum, which is of vital importance to this nation’s future. This means that British citizens in the UK, British citizens who have been abroad for less than 15 years and resident Commonwealth and Irish citizens will have a vote. Noble Lords will already be aware that we have added Members of this House to the franchise, in line with our normal practice for referendums.

I am aware of the strong feelings of some noble Lords about extending the franchise. I have heard calls for the enfranchisement of 16 and 17 year-olds. The Government remain firmly convinced that the Westminster franchise should remain the basis for this referendum. Including 16 and 17 year-olds would be a major constitutional change. We do not believe that this Bill, or any other Bill not directly addressing the franchise in general, should be the vehicle for doing this. Any such change should enjoy the support of Parliament and the country as a whole, after a full and proper debate.

I have also heard calls to extend the franchise to EU citizens resident in the UK. The Government recognise the strength of that feeling. Many EU citizens have made the UK their home and have made significant contributions to life in this country. No one would wish to deny that. However, this is a vote about the future of the United Kingdom in Europe so it is right that we use the Westminster franchise as the basis. Using a franchise that does not include other EU nationals is entirely consistent with the practice in other EU member states and with the EU treaties themselves. I suspect that many of the British public would view the inclusion of EU citizens as a crude attempt to fix the result.

In addition, many noble Lords will be aware of the Government’s manifesto commitment to extend the franchise to British citizens resident overseas for more than 15 years. The Government will bring forward a Bill separately to amend the Westminster franchise to enable this, on which noble Lords will be able to engage in due course.

Finally, we have added British, Commonwealth and Irish citizens in Gibraltar. The Government believe it is right that Gibraltar should take part. Broadly speaking, the EU treaties apply to Gibraltar, and Gibraltar votes as part of the South West England region of the UK in European parliamentary elections.

The general election franchise is the right basis for such a crucial referendum, with the modest additions of Commonwealth and Irish citizens in Gibraltar and Members of this House. I am sure that noble Lords will have followed this debate in the House of Commons. Various proposals were made to expand the franchise, including lowering the voting age and adding EU citizens, each of which was firmly rejected. Nevertheless, as always, I look forward to listening to the views of noble Lords on these important issues, both inside and outside the Chamber, in the coming weeks.

I will say a little more about the addition of Gibraltar. The Government have remained in close contact with Her Majesty’s Government of Gibraltar throughout this process. I know that the Prime Minister, the Secretary of State for Foreign and Commonwealth Affairs, and the Minister for Europe are all very grateful to the honourable Fabian Picardo MP and his Government for their engagement. Wherever possible, the Bill leaves it to the Gibraltar legislature to make provision to implement the referendum in Gibraltar. As a result, Her Majesty’s Government of Gibraltar intend to introduce their own referendum Bill in the Gibraltar Parliament, which will be complementary to the UK legislation. I know that Gibraltar’s inclusion in a referendum was an important point for Members of both Houses during consideration of the Private Member’s Bill in the last Parliament. I pay tribute to my noble friend Lord Dobbs, who sponsored that Bill in difficult circumstances.

As well as the franchise, the Bill sets out the question to be asked at the referendum. The Electoral Commission carried out detailed research and consultation over the summer. It concluded that the question should be amended to ensure the maximum level of neutrality. The Government brought forward an amendment on Report in the Commons to reflect this recommendation. The question is now settled as: “Should the United Kingdom remain a member of the European Union or leave the European Union?”. Voters will be able to mark one of two options: “Remain a member of the European Union” or “Leave the European Union”. This departure from a yes/no answer is novel but the Government agree that the change will strengthen the perception that the neutrality of the referendum is beyond doubt.

The Bill also deals with electoral administration rules. Clause 3 and Schedule 3 to the Bill set out the overarching framework for the conduct of the EU referendum, and provide for the appointment of the chief counting officer, regional counting officers and counting officers for the administration of the poll. The framework follows that used for the conduct of the parliamentary voting system referendum in May 2011. The Government have also prepared draft regulations which will eventually be made under powers in the Bill and which will supplement the provisions in Clause 3 and Schedule 3. We published that draft by way of Written Ministerial Statement in this House and the other place in July and we consulted over the summer. We are now taking account of comments from the Electoral Commission and others to produce final draft regulations, which will be subject to Parliament’s approval before being made. This early action will give electoral administrators across the United Kingdom and Gibraltar the certainty they need to begin their preparations.

The Bill also provides for the crucial campaign rules, using the established and well understood framework set out in the Political Parties, Elections and Referendums Act 2000. To that, we have added best practice from the alternative vote and Scottish independence referendums in a range of technical areas as set out in Schedules 1 and 2. Taken together, these will ensure a fair and transparent campaign. I am sure that noble Lords will not have failed to notice that the main focus of Committee and Report in the other place was Section 125 of the Political Parties, Elections and Referendums Act 2000. Section 125 concerns restrictions placed on government and public bodies on publishing certain material in relation to the referendum in the final 28 days of the campaign. The other place voted to reapply the Section 125 restrictions in full and to create a power to make exceptions to these restrictions through regulations. As is proper, any regulations made under this new clause will be subject to the affirmative resolution procedure in both Houses. The Government are also bound to consult the Electoral Commission and any regulations must be made at least four months before the referendum date.

[Lord Forsyth of Drumlean (Con)]

Would it be possible for my noble friend to publish those regulations before we consider the later stages of this Bill? Clearly, the Government could by regulation, for instance, reinstate the provisions that abolished purdah. To ensure that we have a proper debate on this, why can the Government not let us know now what these regulations in draft form would contain?

[Baroness Anelay of St Johns]

My Lords, naturally we will discuss these matters further so I will say briefly, since this is the opening speech, that I have already given an undertaking to cross-party meetings in this House. The Government are not seeking to overturn the vote which they lost in another place. We will keep to that undertaking. On publishing the regulations, we are taking consideration about precisely what the risk will be of coming forward with regulations, with regard not to parliamentary procedure but to whether they would properly reflect the risk to the Government of acting or not acting on, for example, European business. If my noble friend will forgive me, we are at the stage where we are looking very carefully at a decision in another place. I feel sure I will be able to respond in more detail at a later date.

I deeply appreciate the concern felt by noble Lords on all sides of the House on this matter. I was about to say that if the Government propose any exceptions, we will of course be mindful that there will be two designated campaigns leading the debate and that it will be for those campaigns to take the lead, as Ministers have made clear from the start. It is worth dwelling on that point. It is absolutely right that the designated campaigns lead the debate over whether to remain a member of, or leave, the European Union. This is established practice in the United Kingdom, and forms a key plank of the Council of Europe’s best practice guidance on referendums. The campaigns will no doubt put forward their arguments with gusto, and there will be competing claims about the benefits or otherwise of a particular decision. The campaigns will assume primary responsibility for engaging the people of this country and ensuring that they are furnished with enough information to make an informed decision. Clearly, that is the right approach—but, also clearly, there is a role for government. The public will expect Ministers to set out the results of the renegotiation, how the relationship with Europe has been changed and if, and how, those changes address their concerns. As my right honourable friend the Chancellor of the Exchequer said in June, I am sure that the Government will publish an assessment of the merits of membership and the risks of a lack of reform in the European Union, including the damage that that could do to Britain’s interests.

I have no doubt that, once the Prime Minister has announced the results of the renegotiation, there will be a lively and robust debate both in Parliament and in the media, as there should be. I know that this is a particularly important point for noble Lords. Indeed, a number of parliamentary inquiries, in the other place and here, have been launched into the renegotiation, including by the highly influential European Union Committee chaired by my noble friend Lord Boswell. He is now, of course, independent, but he will always be a friend. The Government will continue to engage with them actively.

The Government have a clear mandate to hold a referendum on the United Kingdom’s relationship with the European Union. The EU referendum Bill will enable that to take place before the end of 2017. The Bill takes the best examples of good practice from previous referendums in the United Kingdom, and sets out rules on who can vote, and how they vote, which are reasonable and robust. It ensures a fair campaign so that the deck is not stacked in favour of one outcome or the other. This Bill sets the stage for one of the biggest decisions that the people of these islands have been asked to make in a generation. I beg to move that this Bill be read a second time.

--- Later in debate ---

[Baroness Smith of Newnham (LD)]

My Lords, it is with some regret that I stand here opening for the Liberal Democrat Benches this morning as my noble friend Lady Ludford is not able to be with us for personal reasons. We send her and her husband good wishes.

It is also somewhat with regret that I participate in this debate at all. The Minister said she was delighted to open this debate bringing forward the Government’s proposals to hold a referendum on whether Britain should remain in the European Union. As a committed pro-European who joined a pro-European party more than 30 years ago, and believed that the question of Britain’s membership of the European Union had been resolved while I was still a child, it is somewhat demoralising to think that the question is being reopened, and that somehow a major constitutional issue which should have been resolved in 1975 is back on the drawing board.

[Lord Forsyth of Drumlean]

Am I wrong in thinking that at the election before last the Liberals had a manifesto commitment to give Britain an in/out referendum? What is the noble Baroness talking about?

--- Later in debate ---

[Lord Forsyth of Drumlean]

My Lords, it is a pleasure to follow the noble Lord. I noticed that in her opening remarks on behalf of the Liberal party, the noble Baroness, Lady Smith, said that we could be Norway or Switzerland. I say to the noble Lord, let us just be Britain and make a success of Britain in a global marketplace.

I congratulate my noble friend the Minister on bringing forward the Bill, which gives the British people the opportunity to decide this question, which has been denied them by the parties opposite for far too long. Her timing is particularly brilliant, for, had she lived, this would have been Baroness Thatcher’s 90th birthday. I have to say to my noble friend Lord Hunt, whom I served as a Minister of State—he was one of the best Secretaries of State I worked for, if not the best; I learned a great deal from him—that I do not think that had Lady Thatcher been here today he would have gone in for the selective quotation that he did in his speech. I am not quite sure how she would have reacted to being described by—what are they called? The BSE campaign, an odd choice of name—Britain Stronger in Europe as a quitter. I am not sure that Margaret Thatcher ever was a quitter.

On the subject of quitters, when the campaign was launched yesterday a number of Members of this House were present—my noble friends Lord Rose and Lady Brady, and the noble Lord, Lord Mandelson—decrying the quitters. Well, they seem to have quit the field today because they are not here to make their case, which is absolutely extraordinary. The noble Lord, Lord Rose, talked about leaving the community being,

“a leap in the dark”.

He certainly knows about big leaps because he has leapt from being involved in Business for Britain to being involved in business for Brussels. A rose by any other name does not smell as sweet in this case.

[Noble Lords]

Oh!

[Lord Forsyth of Drumlean]

But it was nice to see Mr Blair and Mr Brown united on something, was it not? Of course, we all owe Mr Brown a great debt because if Mr Blair and most of the other people who are involved in this campaign to keep us in the Union had had their way, we would be in the euro, our economy would be on its back and millions of people would be unemployed. The euro has proved to be the engine of destruction of the jobs of young people throughout Europe. The extraordinary thing is that it took until last week for the noble Lord, Lord Mandelson, to finally admit that he was wrong about the euro, while defending it in the face of all the tragic evidence before us of what a disaster that has been—a disaster because it is a project that has been driven by political expediency rather than the needs of the European peoples.

[Lord Dubs (Lab)]

Just to have the record straight, it was Gordon Brown who kept us out of the euro.

[Lord Forsyth of Drumlean]

That is exactly what I said. The noble Lord will be speaking later in the debate and I urge him to listen to some of these arguments in the hope that he may be converted as a result.

Of course, the other person who was there on display was Danny Alexander. I am told on good authority—I have read it in the newspapers—that Mr Brown and Mr Blair, and indeed John Major and Danny Alexander, have been offered places in this House and have turned them down. Instead, they prefer to argue outside Parliament. Is that because they realise what all of us in this House realise, that Parliament is becoming increasingly marginalised and what we decide here does not matter because it is done by unelected bureaucrats in Brussels? That is the most important point that my noble friend Lord Lawson made. This is an argument about accountability, the authority of Parliament and Britons’ ability to take decisions for themselves.

I absolutely agree with my noble friend Lord Lawson about the scare stories that came out around the time of joining the single currency. Do your Lordships remember? Frankfurt was going to become the financial centre of Europe if we did not join the single currency. My noble friend Lord Tugendhat talked about the Scottish referendum. In the Scottish referendum we started off with only 28% in favour of independence. We ended up with 45% being in favour of independence because we stupidly ran a campaign in which we told the Scots that they were too small, too wee and too poor to be able to be independent. We threatened them with scare stories. Far be it from me to give advice to those who wish to stay in Europe but if they campaign in this way they will drive people into the other camp. British people are not going to be told that they are too little and too lacking in enterprise and ability to be able to make their way in a global world, where they see a European Union which cannot even manage its own borders, let alone its own money.

Very disappointingly for those who wish us to stay in the European Union, we heard that the Labour Party was unanimous—it is amazing it is unanimous on anything—at its party conference on the idea that it would vote to stay in regardless of the negotiations. We heard the same from the Liberal Back Benches. What kind of negotiation is it that you go into battle waving a white flag? It is extraordinary that they should say, “Whatever you agree to, we are going to vote for it”. I have never heard such nonsense.

Turning to the Bill, my noble friend very kindly agreed that she had given an undertaking in cross-party meetings throughout the House. Might I suggest that those undertakings given by her and Ministers in the other place should be put in the Bill so that there is no doubt whatever about the Government’s commitment? I look forward to hearing the arguments against that in Committee. One of the most important was that we would have four months’ notice of a campaign which would last 10 weeks. I also urge my noble friend to consider producing a White Paper setting out the results of this negotiation, whatever it is about. I know that the ever closer union features in it. I voted for the Maastricht treaty—none of us is perfect. One thing that persuaded me to vote for it was that John Major was able to change the terms and get us various opt-outs, substituting “ever closer union” for “federal union”. So those words were put into the treaty by us to mitigate it, and we are now told that getting those words out of the treaty will somehow deliver a new paradise. It is nonsense.

Clause 6 effectively gives the Government the power by regulation to reinstate purdah; it enables them by regulation to change the rules regarding purdah, which could get us back to a situation where purdah did not apply. In the Bill as it stands, purdah does not apply to Scotland or the European Union. So are we going to have Nicola Sturgeon and Alex Salmond campaigning, using public money in Scotland but not in the rest of the United Kingdom? That loophole needs to be dealt with, as does the loophole that purdah applies only to publications and not to government advice.

Finally, on the subject of Scotland, can we scotch the myth that if Britain votes to leave the European Union, somehow the United Kingdom will dissolve? All the evidence is that the Scots follow the English on this matter. If Britain votes to leave the European Union, Scotland will. Those who say that it will precipitate a referendum should look at what Nicola Sturgeon is saying this very week—that a referendum on Scotland’s independence is inevitable. Once it was “once in a generation”, and then “if there is a change of circumstances”; it is now, “it is inevitable”—and it is inevitable, she says, when she thinks that she can win it. So let us leave Scotland and the United Kingdom out of this and as a United Kingdom work together for Britain’s interests, which do not lie in remaining in this failed state that is the European Union.