European Union Referendum Bill

Lord Willoughby de Broke Excerpts

Wednesday 18th November 2015 Lords Chamber

[Lord Willoughby de Broke (UKIP)]

My Lords, I support the amendment in the name of the noble Lord, Lord Forsyth. I declare my interests as a member of UKIP and a dedicated “outer”. I am not sure which members of UKIP the noble Lord, Lord Hamilton, thinks will vote to stay in. I hope he was not referring to my noble friend Lord Pearson. I assure the noble Lord that he definitely wants us to get out. I cannot imagine that a UKIP member would vote to stay in the EU.

Leaving that aside, on all the previous amendments the noble Lord, Lord Faulks, rightly made the point that this referendum needed to be seen to be fair. He has said that on several occasions today and in Committee. However, regardless of who wins or loses, the referendum will be seen to be manifestly unfair if one campaign, whether in or out, is preponderantly better financed than the other. I do not agree with the noble Lord, Lord Stoddart, who seemed to imply that just because an organisation has less money, it will lose. That is not necessarily the case at all. Even if we have a few pounds less than the “stay in” campaign, we will still win. However, it would be much nicer and better, and would be seen to be fairer, if the campaigns had equality of financing.

[Lord Hamilton of Epsom]

Surely the real problem is that if the “stay ins” win the referendum by a very narrow margin, and they are seen to have been financed much more heavily than those who want to leave, those who want to leave will cry foul and say that the others won because they had more money. Whether that does the trick at the end of the day is debatable, but the fact is that it would be used as a reason to say that the referendum was completely slanted in the direction of the people who wanted to stay in.

[Lord Willoughby de Broke]

The noble Lord is absolutely right. I do not disagree with him, but it reinforces the point of the amendment of the noble Lord, Lord Forsyth, that we need equality of financing, however that may be achieved. That is up to the Government, I hope, in spite of the Electoral Commission’s worst efforts. We do not seem to be getting anywhere with the Electoral Commission so the Government ought to take this amendment seriously and look at how they can reallocate the financing arrangements so that both the ins and the outs have the same amount of money to spend. It is not, as they say, rocket science. It is actually quite simple to do. That will eliminate the concerns that the noble Lord, Lord Hamilton, expressed, that either side may have cause for complaint at the end of the referendum. There has to be equality of financing so I very much support the noble Lord’s amendment.

[Lord Collins of Highbury (Lab)]

I am going to repeat some of the arguments I made in Committee because I think that this amendment is basically doing the same thing.

There is an assumption behind the contributions we have heard so far that we are dealing with a pot of money. We are not. We are dealing with a spending limit. We are not dealing with an allocation of funds that should be distributed fairly. Perhaps we could do that. I have not heard many noble Lords opposite support state funding of political parties, but that is the only way to guarantee fairness.

I am really surprised by the noble Lord, Lord Willoughby de Broke. Let us say the leave campaign got all the money in, spent the upper limit and then it was discovered that UKIP spent more than the limit. UKIP would then have to give all its money back. That is the reality. You are trying to set a limit when you do not even know who is going to be participating in the campaign.

First, it is not a pot of money to be spent. Secondly, this referendum is not going to be fought by just two sides. Political parties, civil society, trade unions, churches and other groups that have an opinion will not keep their mouths shut simply because the Conservative Party is unsure of what position it will take as a whole. Perhaps the noble Lord, Lord Lawson, is correct that this whole thing about registration and the Conservative Party not registering is more to do with the state of the Conservative Party than the rights and wrongs of how the referendum campaign should be conducted.

--- Later in debate ---

[Lord Stoddart of Swindon]

My Lords, I do not want to say too much at this time of night but I want to make a couple of points.

First, on the amendment from the noble Lord, Lord Hamilton, the Commission can interfere, as he said, in all sorts of ways. One of the ways—this has some relationship to the alterations that were made earlier to the franchise—is through its entry into primary and secondary schools with what some of us would term propaganda material. The Education Act 1996 makes it clear in Clauses 406 and 407 that there should be balance. In spite of that, the Government, according to their Answers to my Written Questions, seem not to be very concerned with this and will do nothing to ensure that schools and head teachers make sure that there is balance on the question of Britain’s membership of the European Union.

Even now, the EU is seeking to advertise itself in our countryside. It wants farmers to put up huge advertising boards, saying, “You are getting all this money from the EU; you should be grateful and should therefore advertise the fact that this money is coming from the EU”. Not many farmers are going to be fooled by that, because they will know that, for every pound we get, we have first to give the EU three, so the grants to farmers are in fact some of our own money coming back. The rest of it, or much of it, goes to other farmers to subsidise their much less well-farmed areas.

There are all sorts of ways in which the EU can intervene in our affairs. It does so and it will continue do so. One way or another, by hook or by crook, the EU will interfere in the referendum when it comes.

[Lord Willoughby de Broke]

My Lords, I want to pick up on the point made by the noble Lord, Lord Stoddart. As a farmer—I declare my interest as a farmer—I remember getting this directive that we must advertise that we are getting money from the EU through the single farm payment, or what now is the basic payment scheme. Of course, my noble friend Lord Pearson made the point it is not EU money at all. It is money that is given to the EU by the British taxpayer—mulcted from the British taxpayer—and recycled through Brussels, who tell us what to do with it. It seems completely absurd that we have to put up a big sign on our fields saying how generous it is of the EU to give us this money. It is not. I, of course, alter those signs slightly to put a different twist on them.

On the broader point of the noble Lord, Lord Hamilton—he made the case, I will not repeat it—it is essential that this provision be included in the Bill. Of course, the EU Commission has form when it comes to referendums, as we have heard, and I will not repeat the point. It is essential that Mr Jonathan Faull’s letter not be taken as gospel and that is the end of the story. Again, it is about fairness and the referendum’s being seen to be fair. It will not be seen to be fair if the EU Commission starts chucking its weight about, which it has always done and wishes to do in this case.

[Lord Wallace of Saltaire (LD)]

My Lords, I regret that some Members of this House appear to regard the European Commission as a malign force that is out to do down the United Kingdom. Jonathan Faull is head of the task force sent by the Commission to negotiate the renegotiation with the United Kingdom, which is an entirely legitimate and useful thing to do. I have no doubt that our free press will be very watchful if the Commission does anything in the referendum that is seen by the Telegraph or the Mail as overstepping the mark.

I want to say something that links this amendment with the one we will be coming to next, which is about impermissible external funds. I am very conscious that the Russian Government are supporting a number of right-wing parties in other countries in western Europe, and that Russia is the only major state which is thoroughly in favour of Britain’s leaving the European Union. I am not in any sense suggesting that funds have begun to pass in any direction to anyone. However, when I was in government and involved in the Transparency of Lobbying Bill, we were much concerned about funds from other countries—from right-wing sources in the United States, for example—coming to various campaigning bodies in this country. The amendment of the noble Lord, Lord Jay, touches on that issue.

Of course, we have to be concerned that this is a British debate and a British campaign, and that applies to all external actors. I think all of us agree that the Commission needs act extremely carefully. On the other hand, other Governments within the European Union will have their say, because they have national interests which they will wish to express. Therefore, the question of how we play this game—whether we would regard an intervention by the German Chancellor or the Dutch Prime Minister as untoward—is the sort of issue we will no doubt discuss. On the finances, we will wish to police this very carefully, but let us not go over the top. The noble Lord, Lord Hamilton, sometimes gives the impression that the enemy lies in Brussels and threatens to subvert our national sovereignty.