European Union (Referendum) Bill

Debate between Mike Gapes and Huw Irranca-Davies

Friday 22nd November 2013 Commons Chamber

[Mike Gapes]

I agree that Michael Green’s remarks were wrong. It is important to remember, as a helpful House of Commons Library note makes clear, that

“the Electoral Commission has a duty to assess the intelligibility of the question”,

that it has published guidance on that, and that it uses

“focus groups and similar techniques to ensure that the electorate understand the question.”

That may not be convenient for those people quoted by the Daily Mail as having lobbied for a particular outcome in the drafting of the question, but the fact is that the Electoral Commission is the expert. It has carried out thorough research and its report is critical of the question proposed and suggests that we at least go back to the original question, as set out in my amendment 35. Incidentally, that was also the subject of an amendment tabled by the hon. Member for Cheltenham (Martin Horwood), which, although it was not selected for debate, I think shows that there is cross-party concern about this matter.

It is important that we have clarity, because a referendum on leaving the European Union will have enormous economic and political consequences for our country and its international relationships and for British citizens, including the 1.4 million living in other EU countries, a large number of whom will, according to the Government, be deprived of being able to vote in the referendum. It will also have implications for new Europeans and for British people who have married citizens of new EU countries. Those new Europeans may be living and working in this country and they may have children at school here. They are contributing to our country, but they might not be able to have a say in the referendum. The question must be clear and not leave any room for ambiguity or doubt about the outcome. People should not be able to say afterwards that the referendum was rigged and unfair and that the result should therefore not be accepted.

[Huw Irranca-Davies]

This is a pertinent and material amendment, because there is a world of difference between the words “be” and “remain”. I would like to be in the Wales versus Tonga rugby match tonight, but that is an aspiration. The word “remain” would allow me to make an argument to my constituents on the basis of the historical facts of the benefits that Wales gets from being a member of the EU. I would not be saying that we may be a member at some time in the future; I would be saying, “We are a member and here’s what we have gained.”

[Mike Gapes]

I absolutely agree. I do not want to comment on Welsh rugby, on which I am not an expert. [Interruption.] I will certainly not talk about English cricket either, or even the fortunes of my football team, West Ham United, although I hope we do better against Chelsea on Saturday.

We are in an important part of the debate, because we must get the question absolutely right.

--- Later in debate ---

[Mike Gapes]

Of course, Mr Deputy Speaker; I would never wish to be off track when discussing these matters.

Amendment 38 requires consultation with the National Assembly for Wales and the Welsh Assembly Government on these matters. Amendment 39 relates to Scotland, where there will be similar issues. It would require a consultation with the Scottish Parliament and the Scottish Government. It is important to remember that the United Kingdom has a devolution settlement, so we cannot simply magic up the wording of questions for political convenience and to suit those who lobby the Daily Mail. We have to consult the different parts of our United Kingdom.

I have experience of that because I was Parliamentary Private Secretary to my right hon. Friend the Member for Torfaen (Paul Murphy) when he was Minister for Political Development in the Northern Ireland Office between 1997 and 1999. I took part in the negotiations in Castle buildings that resulted in the Good Friday agreement. I understand well from that experience the importance of language and identity in Irish politics and within the two communities and faith traditions in Northern Ireland.

[Huw Irranca-Davies]

Does my hon. Friend agree that amendments 38, 39 and 40, when taken in conjunction with the discussion on amendment 35 on whether the word “be” or “remain” should be used, are vital because we do not know whether the Northern Ireland Executive, the Scottish Government and the Welsh Government have expressed their views on the expert opinion of the Electoral Commission on the correct wording? Because I was unable to intervene on the Minister earlier, I do not know whether the Government have had those discussions.

[Mike Gapes]

I am sorry, I cannot answer that question either. Perhaps the Minister can, or the Liberal Democrats when they speak on behalf of the Government. I simply do not know the answer.

The issues of consultation and identity are important. Given that the referendum could have different outcomes in different places, it is possible, for example, that England might vote to leave but Northern Ireland might vote to stay in. Given the economic, personal and family links north and south of the border, Northern Ireland might prefer co-operation to leaving. If that were the case, there would clearly be implications if the question were disputed.

We should ensure that we see the potential difficulties coming over the horizon and remove them in advance rather than come across them because of a badly worded question, a lack of proper consultation, or a lack of translated versions or translations, whichever we decide on. If we remove those difficulties, it will make political or legal challenges and difficulties at a later stage less likely. As the democratic Chamber, this House has a responsibility to do that, although I suspect that if we do not, the other place will examine the issue in some detail.

I hope that the Scottish Government and Parliament, the Welsh Assembly and Welsh Assembly Government and the Northern Ireland Assembly and Executive will make clear representations on those matters. They have a right to be heard on behalf of the people of those nations and regions of the United Kingdom.

I will end my remarks there because I know that many other Members wish to contribute. The amendments cover vital issues that need proper consideration, and I think we need to vote on the wording of the question.

European Union (Referendum) Bill

Debate between Mike Gapes and Huw Irranca-Davies

Friday 8th November 2013 Commons Chamber

[Mike Gapes]

I am a member of the Foreign Affairs Committee. In the previous Parliament, we carried out a major inquiry on the overseas territories. They are all different. Some of them are completely depopulated, some have few people, such as the Pitcairn Islands, which I think have 56 or 57 people, and others, such as the Falkland Islands, have a long-standing British population. The people of the Falkland Islands have expressed their self-determination in a vote, but they still suffer serious threats from Argentina.

Gibraltar still has a problem with regard to Spain, which is why new clause 1 is important. The point made by the hon. Member for Cheltenham is valid, because if the United Kingdom were to leave the EU, what would happen to the efforts of the British Prime Minister and Foreign Secretary to get the European Commission President to intervene when Spain puts pressure on Gibraltar? If we were on an exit path or had already left the EU, presumably the Commission would not try to help the citizens of Gibraltar when they were suffering blockades, huge queues and all the other problems that have arisen in recent months. I have not yet mentioned the dispute that has arisen over territorial waters, concrete blocks and fishing access.

[Huw Irranca-Davies]

I thank my hon. Friend for setting out his lucid argument. Although I support new clause 1 and many of the amendments in the group, we must consider territories that rely not only on the UK’s voice but, in a diverse and asymmetric way, on the EU’s voice. I am thinking of my area of expertise, which is fisheries, maritime issues and so on. Those territories’ voices will not be heard, and none of the amendments will enable that to happen. We must consider how their voice can be heard in any future vote to leave the EU.

[Mike Gapes]

I agree, which was why I tabled a series of amendments relating to the overseas territories. We must also consider Crown dependencies such as Guernsey and Jersey.

--- Later in debate ---

[Mike Gapes]

I agree with my hon. Friend. There are huge implications for the economy and our people should we leave the EU. However, the debate is on the Bill and not the wider issues, so I will not be drawn down that path.

[Huw Irranca-Davies]

My hon. Friend tickled me when he described London as the fifth largest French city—he must not forget the London Welsh contingent. [Interruption.] My hon. Friend the Member for Wrexham (Ian Lucas) has turned around from the Front Bench to express sympathy. On a serious point, the forensic analysis that my hon. Friend the Member for Ilford South (Mike Gapes) applies and the anomalies he exposes make me wonder whether introducing a referendum in the shape of a private Member’s Bill—hon. Members have proposed right-minded amendments—has given the Electoral Commission sufficient time to look at the Bill in detail and raise similar concerns.

[Mike Gapes]

We will discuss the Electoral Commission’s report on the wording of the question when we speak to another group of amendments. The commission clearly takes a different view from the Government on the question, but that issue is not for this group of amendments. I do not know about the commission’s detailed views on the issues I am discussing, so I will not comment on them.