European Union (Referendum) Bill

Debate between Mark Hendrick and Martin Horwood

Friday 22nd November 2013 Commons Chamber

[Martin Horwood]

There are a number of interesting amendments in this group, although mercifully, rather fewer than in the last group.

Amendment 72, tabled by the hon. Member for Harrow West (Mr Thomas), is interesting and highlights one of the extraordinary omissions from the Bill. It is extraordinary that there is no reference to Gibraltar, to the only referendum Bill that the coalition has passed—the European Union Act 2011—or to the Electoral Commission and the Political Parties and Referendums Act 2000. In a small way, the amendment is an antidote to the last of those omissions.

However, it seems to me that the amendment makes rather a meal of the problem by asking for a six-month consultation. I am not convinced that it is necessary to specify in the Bill a broad consultation, let alone for six months, simply about what the question should be. The crucial omission from the Bill, which we need to remedy, is any reference to the Electoral Commission and its role, as properly set out in the 2000 Act, as the body that should advise Parliament on the wording of referendums.

I am not sure that anyone will be under any illusion about what is really at stake in a referendum, should one come to pass. There certainly seems already to be a great deal of public interest in the matter. Not long ago, 1,000 people packed an event at the Cheltenham literature festival at which I took the platform opposite—I would not say alongside—Nigel Farage of the UK Independence party. I was pleased that, after a heated debate, the majority of the people at that event, as far as I could see, voted for Britain to remain in the European Union.

I do not think we need a six-month consultation on the question for the CBI and other opinion-formers to make clear what they think is at stake in a referendum campaign. After all, the CBI has just produced a report that makes its position clear—it understands what is at stake. It says that, after the second world war,

“it seemed clear that the main opportunities for UK trade and growth were with our nearest neighbours”

but that the

“current circumstances have thrown that conclusion into doubt to the point that some in the UK are questioning the value of our membership of the EU, and some are even advocating withdrawal…For British business, large and small, the response to this is unequivocal: we should remain in”.

Without dwelling on the precise nature of the question, which is addressed in the amendments, it reinforced that point, stating:

“The European Union supports UK business in realising its global ambitions by providing significant influence over the rules, policies and priorities that allow British based firms to seize opportunities across the globe. It anchors UK trade around the world through the signing of high-quality, ambitious Free Trade Agreements and the creation of globally recognised standards that open markets. And in a world of competing ideas and ideals – where international action is increasingly the avenue for addressing problems across the globe – UK membership of the EU amplifies Britain’s voice internationally.”

The CBI is not alone. Environmental organisations increasingly understand what is at stake. While being suitably tactful as a registered charity in not coming down on a political side in the debate, the World Wide Fund for Nature has described the importance of the EU to the environment. A recent WWF leaflet, “What has Europe ever done for the environment?”, states:

“EU environmental legislation and policies have raised the bar in Europe and beyond to improve management and protection of landscapes, natural habitats and wildlife…EU legislation includes the world’s most comprehensive set of environmental measures. It accounts for more than 80% of environmental law in Europe…But it hasn’t been a one-way street, with ‘diktats’ from Europe that must be obeyed. The UK has played a leading role in shaping the EU standards that protect the environment”.

It did not need a six-month consultation to reach that conclusion. Thirteen former police chiefs and a former head of MI5 did not need such a consultation to write to the Prime Minister and the Deputy Prime Minister emphasising the importance of European Union measures on justice and home affairs, including the European arrest warrant and Europol. Whatever the precise wording of the question, more opinion formers are clear on what will be at stake in that referendum. What is at stake is Europe’s and Britain’s ability to fight crime and protect the environment. Above all, British jobs, jobs and more jobs will be at stake. I am not sure whether we need the device of a six-month consultation on the question for people to understand what is at stake.

Having said that, the hon. Member for Harrow West made important points on the role of the Electoral Commission. As I said in an intervention on the Minister, the whole point of the commission is that we have not only an adequate question or one that meets most of the requirements of a referendum question, but the best possible and clearest question. Even if we do not have the six-month consultation imagined in amendment 72, there is a good argument for amending the Bill to allow the Electoral Commission’s preferred question to be the one that is put to the British people.

The hon. Member for Ilford South (Mike Gapes) has tabled two amendments—amendments 35 and 36—that address the two possible phraseologies of the question from the commission’s initial report. The possible answers to the first question—

“Should the United Kingdom remain a member of the European Union?”—

are yes and no. My reading of the report is that the commission’s clear preference is for another question—

“Should the United Kingdom remain a member of the European Union or leave the European Union?”—

to which the possible answers would be “remain in the EU” or “leave the EU”. Although the Minister has said that the commission had not reached a firm conclusion on whether that was the best possible question, it was clear in the report that it is a better option than the one in the Bill. For exactly the reasons set out in detail by the hon. Member for Harrow West, which I will not repeat, the commission gave a clear direction on that front.

Of course, the commission could not reach an absolutely firm conclusion because it believed that it had not had time fully to consider it, and that there was room to take more evidence and further refine and improve the question.

[Mark Hendrick]

I am following the flow of the hon. Gentleman’s argument, but does he think that a yes/no referendum would be better than an either/or referendum, purely and simply because there is clear polarity between the arguments?