European Union Referendum Bill

Lord Stoddart of Swindon Excerpts

Wednesday 28th October 2015 Lords Chamber

[Lord Spicer]

My Lords, we have heard that Amendment 2 is a tongue-in-cheek amendment. We have never had one of those before; it is, I think, without precedent. We have had wrecking amendments and probing amendments, but we have never had tongue-in-cheek amendments. Leaving that to one side, the amendment enables me to make one short but serious point.

The argument that has been made for getting on with things is clearly a strong one, because of the confidence factor and so on. We shall find out fairly quickly whether we can get the results we hope for in terms of change—certainly in terms of treaty change. For instance, on the question of repatriation of powers we shall fairly quickly come up against something called the acquis communautaire, which dominates, and is endemic to, the entire set of treaties. It requires all the movement to be one way; it does not allow any return of powers within the treaties. Given that unanimity would be required to change a treaty, we shall find out fairly quickly what the situation is. So any amendment, tongue-in-cheek or otherwise, that would cause further delays is a bad thing and should be voted against.

[Lord Stoddart of Swindon (Ind Lab)]

My Lords, Amendment 1 is perfectly acceptable, and I hope the Minister will accept it. However, I cannot understand why on earth Amendment 2 has been grouped with it. I am surprised that the noble Lord, Lord Liddle, did not insist that it be listed separately. He will be surprised to hear that, to some degree, I agree with what he said. 2017 will be a very difficult year.

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[Lord Framlingham (Con)]

I agree entirely with the words the noble Lord is using and I have followed much the same pattern myself. Does he agree with me that those who tell us we can never come out of Europe would have to accept that we are in fact—I am going to use a fairly strong word—enslaved?

[Lord Stoddart of Swindon]

I think “enslaved” is perhaps going a little far but at the same time, of course, we have lost the ability to govern ourselves in many respects. The noble Lord is right that things change. I always remember the dictum of Harold Wilson:

“A week is a long time in politics”,

and a decade, of course, is an aeon.

I was about to say that I wish we would not call each other names. I respect those who think that Britain should be part of a large agglomerate but, on the other hand, many of us believe that this country has succeeded for 1,000 years by its self-government.

[Lord Foulkes of Cumnock]

Which country has succeeded for 1,000 years?

[Lord Stoddart of Swindon]

I do not want to offend the noble Lord but the country that has been successful for 1,000 years is England. It is England. With my name being of Scottish origin, I would want to join Scotland with the success that the United Kingdom has achieved, certainly since 1706.

When it was mentioned that Lady Thatcher changed her mind, I thought that there was some dissent. I can assure noble Lords that she did change her mind. The reason I know that is that in 1992, when we were discussing the Maastricht treaty, there was a committee consisting of the noble Lord, Lord Pearson of Rannoch, and many other people, and Margaret Thatcher—Lady Thatcher, if I might correct myself—led the opposition. I was chairman and she used to sit on my right hand side and make contributions that made it absolutely clear that her view then was that we should leave the EU. There was only one little problem. As the meeting went on I found that it was slipping away from me. It was slipping away from me on the right, but a little glance at her handed the meeting back to me. Margaret Thatcher became a convert to Britain leaving the EU.

[Lord Garel-Jones (Con)]

Does the noble Lord not think that it is fairer to judge Lady Thatcher by what she did when she was Prime Minister rather than by what she might have done or thought when she was not?

[Lord Stoddart of Swindon]

Of course I knew her as Prime Minister, but I was not close to her when I was Prime Minister—when she was Prime Minister—

[Noble Lords]

Oh!

[Lord Stoddart of Swindon]

I assure noble Lords that I never had an ambition to be Prime Minister. The fact is that Prime Ministers sometimes make mistakes. Sometimes they are badly advised. I think that she was very badly advised to agree to the Single European Act. On behalf of the Labour Party, Donald Bruce—Lord Bruce of Donington—and I sat on that Front Bench opposing the Single European Act. Unfortunately in my view, the Labour Party has changed its view, but it might come back to reality in due course and get on the right trail with this.

I agree entirely with Amendment 1 and, as I said earlier, the noble Lord has raised an important point.

[Lord Collins of Highbury (Lab)]

My Lords, bearing in mind the contributions that we have had so far, for one moment I thought that I could be tempted to recount my 45 years’ membership of the Labour Party and my journey towards Europe. I will resist that for now, although I might come back to it.

It is important that we address some of the details of Amendment 1. It is fundamentally about a level playing field. I understand that noble Lords opposite are focusing on a level playing field over how the date will be set and the arrangements for purdah, but there is more to a level playing field than simply purdah. The Electoral Commission’s remarks or comments on this amendment are important. These show that in the commission’s experience since 2004, in referring to PPERA and its requirements, campaigners and electoral administrators need time to prepare themselves properly to follow the detailed rules that Parliament has specified. These rules relate to donations, campaign funds and, of course, how a campaign is properly designated.

I had hoped that noble Lords would refer to the ninth report of your Lordships’ Delegated Powers and Regulatory Reform Committee, which raises this point quite properly. It says that there is a bit of a problem here with the requirements in the schedules about establishing or designating an appropriate organisation that will come within the terms of PPERA, and with the campaign period of 10 weeks. The issue for me—the Electoral Commission makes this point—is that we will have a much longer campaign than 10 weeks. It has already started: organisations either have been or will be set up in the hope and expectation that they will be the designated organisation. At some point they have to get their act together and ensure that they meet fully the requirements of PPERA.

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[Lord Stoddart of Swindon]

I am most obliged to the noble Lord. I am sorry to interrupt, but he may not recall that during the 1975 referendum the press, other than the Daily Express, was virtually all in favour of remaining in.

[Lord Collins of Highbury]

I very much recall it, because, as I said in my Second Reading speech, I was secretary of the Spelthorne Get Britain Out campaign, so I was fully aware of what we were up against. I will come on to this on Amendment 2.

I want to focus on specific questions relating to this. Everyone is familiar with the 10-week campaign period and everyone is talking about purdah. However, there is a period before that relating to the operation of PPERA and designated organisations. Your Lordships’ Delegated Powers Committee said,

“if as suggested in the memorandum the start date for applications for designation is likely to be earlier than the start date for the referendum period, this will have the knock-on effect of reducing the minimum length for the referendum period”.

In considering the issue raised in these amendments, the committee said:

“We consider that, if the Government intend there to be a minimum of 10 weeks for the referendum period, they cannot rely on the operation of the 2000 Act”—

PPERA—

“to deliver that minimum period. In our view, the 10 week minimum for the referendum period should be specified on the face of the Bill”.

I would like to hear from the Minister whether the Delegated Powers Committee is correct. If it is not, how can she give the guarantees that we all accept have been made? I accept that there is a need to ensure that, when we enter the process of the referendum, there is a proper level playing field which everyone accepts and understands. To do otherwise would undermine the whole process because, as noble Lords have said, whatever we have at the end, we want a settlement. That brings me to my noble friend’s Amendment 2.

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[Lord Faulks]

I am not privy to all the Government’s thinking, but, no, I do not understand that that is on the horizon. Any proposal must be examined carefully: we cannot change the voting age and simply assume that it will have no implications for other areas where our law and our society treat 16 and 17 year-olds differently from their 18 year-old counterparts.

Noble Lords will wish to reflect on how this change would look to the public. I have no idea how 16 and 17 year-olds—were they to be given the vote—would vote. A number of people might guess and they might well be wrong. The noble Lord, Lord Tyler, said, in an exchange with my noble friend Lord Tebbit, that he thought that 16 and 17 year-olds were more likely to use their vote better than my noble friend Lord Tebbit. I am not quite sure what that said. Nor do I know how 18 and 19 year-olds are likely to vote. It is possible that a change in the franchise of such a radical nature—this is a radical change—will be perceived, rightly or wrongly, as some sort of attempt to affect the result of the referendum. We are anxious as a Government that, whatever the result of the referendum, the legitimacy of the process cannot be questioned. The safest way of doing that is to stick to the Westminster franchise and leave the vote at 18.

The noble Lord, Lord Wallace of Saltaire, who is not currently in his place, made a valiant attempt to say that we have opened the door by allowing Peers to vote or by the minor adjustment in Gibraltar. We are talking about millions; we are talking about a radical change. It is a change that not only would be radical, but would have the potential to affect timing. I am grateful to my noble friend Lord Hamilton for referring to the report of the Electoral Commission. Quite rightly, the commission did not offer a view on 16 and 17 year-olds, but it did, in addition to the paragraph to which he referred, say:

“The Commission’s view is that any changes to the franchise for the referendum on the UK’s membership of the European Union should be clear in sufficient time to enable all those who are eligible, to register and participate in the referendum”.

The noble Baroness, Lady Morgan, said, “Well, we could accelerate the process having regard to the fact that so many young people are aware of social media and could be brought up to speed with the issues”. However, as I understood the debate yesterday about registration, it was so important that we did not rush the procedure because people might be left off. It was far too important a matter to in any way accelerate. Therefore, if it affects the timing, which I understand to be very important in a number of contexts, that is a relevant factor. However, the crucial argument is that this is not an appropriate moment to make that change. In all those circumstances, I ask noble Lords not to press their amendments.

[Lord Stoddart of Swindon]

Could I ask a hypothetical question? I preface it by saying that I understand that the “leave” campaign wants to support this amendment. That might surprise some people: it surprised me. How firm are the Government in opposing this amendment? Let us suppose, for example, that the amendment is carried on Report and is sent back to the House of Commons, which already rejected this proposal. If it comes back to the House of Lords, and we insist on the amendment—after all, Monday indicated that this House is not only roaring; it is using its teeth as well—the Parliament Act would apply. What then would happen to this Bill? How long would it be delayed and what effect would that have on the timetable?

[Lord Faulks]

It is very tempting to hypothesise in the face of that invitation, but I am afraid it is an invitation that I am going to decline.