European Union Referendum Bill

Debate between Mark Durkan and Gerald Howarth

Tuesday 9th June 2015 Commons Chamber

[Mark Durkan]

The hon. Gentleman may make that argument, but that is not how I see it. However, the point I am making is that we need to ensure that the Bill frames the referendum campaign in the right context, so that we are not subject to any allegations that the yes campaign has tilted or framed the thing in a particular way, or that the no campaign is resorting to scares. We all need to be free of those allegations.

[Sir Gerald Howarth]

The hon. Gentleman mentioned the view that the Electoral Commission has taken on what is the most neutral form of question. Does he agree that if that view is confirmed by the research that the Electoral Commission is undertaking between now and August, the Government would be well advised to change the question, because that would build confidence in the whole process?

[Mark Durkan]

I do believe that the Government would be well advised to change the question. We have seen this week that the Prime Minister is able to have a second take on some issues. Even when he feels that he is restating a position, it seems to be somewhat different. It might be a case of “EU turn if you want to,” with this Conservative leader. The Government should accede to the advice of the Electoral Commission.

When the referendum takes place, we need to recognise that there are many different issues for many different people. I represent a border constituency in Northern Ireland and the implications of the UK leaving the EU would be pretty fundamental, not just for my constituency but for the political institutions in Northern Ireland. The common experience of EU membership provided the very context in which there were changed British and Irish relations, which in turn provided the context for the peace process.

It should be remembered that the institutions of the Good Friday agreement do not take as givens just the human rights provisions of the Human Rights Act and the European convention on human rights, but the common EU membership of the UK and Ireland. Even some of the cross-border institutions that were set up as a result of the Good Friday agreement directly address and reflect our common membership of the EU. Fundamental damage and change may be done when serious questions are raised about our commitment to human rights and to our membership of the EU. If we are facing a referendum, we will have to address those issues and carry forward the arguments responsibly.

We must recognise that people have more questions about the sovereignty of this Parliament than just where it stands vis-à-vis the European institutions. We heard that yesterday in the debate on the Scotland Bill. There are clear tensions and ambiguities around what the notion of parliamentary sovereignty means for this Parliament, and around the implications for devolved institutions and the rightful authority that they should have. Similarly, in terms of what comes out of any EU renegotiation, there will be tensions between this Parliament’s notion of its parliamentary sovereignty and what emerges in the new arrangements and treaty terms.

That is why, in my view, it would have been better to have had something like a constitutional convention before the referendum not only to address the longer-term democratic relations within the UK and create a new democratic charter between this Parliament and the other elected institutions in different parts of the UK, but to create a new democratic charter that clearly creates a delineation between this Parliament and the various EU institutions.

There is a danger that we will end up with a referendum campaign in which the yes side includes people who want to be both half in and half out, and a no side that is also confused because it includes some people who want to be totally out, as well as people who say that if we reject it, we can be half out and renegotiate in the way that Ireland did. The danger is that we will end up with a referendum that does not settle the question at all in the terms in which Members believe it will.

Shrewsbury 24 (Release of Papers)

Debate between Mark Durkan and Gerald Howarth

Thursday 23rd January 2014 Commons Chamber

[Sir Gerald Howarth]

I am most grateful to you, Madam Deputy Speaker. Hon. Members should accept that the question whether the remaining papers that have not been released to the National Archives should be revealed is a pertinent one. In debating, as we are, the issues surrounding the cases, particularly two of the cases, it is highly relevant to question whether the papers should be revealed.

Before I was interrupted, I was quoting Mr Justice Mais, the trial judge. He went on to tell the six people before him:

“Some of you were clearly determined to strike terror in the hearts of those who continued to work.”

That was a very serious crime indeed. Furthermore, the case went to appeal and, to quote The Times editorial of 20 December 1974, the Court of Appeal judge said:

“There was at each site a terrifying display by pickets of force and violence actually committed or threatened against buildings, plant and equipment; at some sites, if not at others, acts of personal violence and threats of violence to the person were committed and made. Persons working on the sites and residents near by were put in fear.”

That should not be tolerated in our country, and it should not be supported by Opposition Members.

[Mark Durkan (Foyle) (SDLP)]

The hon. Gentleman has quoted the Court of Appeal judge. He was the same judge on whose verdict the hon. Gentleman relied for many years in resisting the case for a new inquiry into Bloody Sunday and so on. Is he confident that his reliance on Widgery today—

Succession to the Crown Bill

Debate between Mark Durkan and Gerald Howarth

Tuesday 22nd January 2013 Commons Chamber

[Mark Durkan]

I thank the hon. Gentleman for his point, which reinforces exactly the one I am making. The Committee will take a deliberate decision to amend only the legislation it needs to amend, and will not take the opportunity to do away with the offensive, discriminatory and provocative language. Such language will remain on the statute books—the language of the law of the land—which is offensive. Why would the Committee take a decision at this point in the 21st century not to make laws of our time and for the future?

To my mind, it is not acceptable for people to be satisfied by such received sectarianism, and it is a matter of sadness that it remains. That is my difficulty with clause 2. I welcome the fact that it makes a difference, but I have a fundamental problem with the fact that it says, “Everything else can stay the same. That’s okay. We’re happy with that sort of language.” We should be repulsed by the language that the Committee says should stay on the statute book.

[Sir Gerald Howarth]

I am delighted to take part in Committee under your tutelage, Mr Bone, and to follow the hon. Member for Foyle (Mark Durkan) and other hon. Members. There is a paradox in the situation in which we find ourselves. The Government are seeking to end part of a discriminatory law, and yet have resurrected rather a lot of hurt, as expressed by the hon. Member for Foyle and my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg). Perpetuating this debate could lead to further hurt.

As an Anglican on the Anglo-Catholic wing of the Church of England, the last thing I seek to do is to offend those in the Catholic Church, but I should tell my hon. Friend that he might at least allow us to take communion when we attend his Church. When he attends ours, he is allowed to take communion with us. Perhaps that little bit of discrimination could be ended by the Catholic Church.