European Union (Referendum) Bill

Debate between Mike Gapes and Jim Fitzpatrick

Friday 29th November 2013 Commons Chamber

[Mike Gapes]

Let me begin by wishing all my Jewish constituents, and Jewish people all over the world, a happy Chanukah.

It is a great pleasure to introduce this series of amendments. A number of them are in my name, but some have been tabled by other Members. The amendments in my name are 52, 53, 54, 55, 17, 5, 6, 7, 16 and 61. In the first part of my speech I shall concentrate on amendments 52, 53, 54 and 55, which relate to the provision in clause 3(1) that

“The Electoral Commission shall publish a report setting out its recommendations for the rules in accordance with which the referendum is to be conducted “.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

Will my hon. Friend give way?

[Mike Gapes]

I will in a moment. I should like to make a little progress first.

If the referendum is to be conducted properly, we cannot allow the Electoral Commission’s report to be published so close to the date on which it takes place that the commission’s proposals cannot be properly considered by the Government and then implemented. We must specify a date in order to provide a clear deadline for the commission, which does not always act in a timely manner. The amendments propose various alternative dates because at the time when they were tabled there was another group of amendments to be considered and I did not know when they would be debated, but all those dates precede the proposed date of the referendum, namely before the end of 2017.

[Jim Fitzpatrick]

I am glad that my hon. Friend cautioned me against intervening too early, because he has now started to explain. What I wanted to know was why he had specified three different dates. Was it because he was not sure which would be the best of the three, was it because of the pace at which the Electoral Commission could move, was it because we were not sure when the referendum would take place, or was it because he was not sure whether any or all the amendments would be selected?

[Mike Gapes]

The answer to those questions is yes, yes, yes and yes. The proposed date of the referendum was not made clear to us initially, and there was a possibility of amendments allowing it to be held, for example, before the general election, one year after the election, or later. It was therefore important for there to be amendments in this group which were related to, but not dependent on, those in the other group.

--- Later in debate ---

[Mike Gapes]

I tabled these amendments for many reasons, but the most important reason is that the Bill is inadequate. It has many flaws, and if it leaves the House of Commons unamended, the other place will have to give it proper consideration and try to remedy the failure of this place to improve it.

[Jim Fitzpatrick]

I saw the promoter of the Bill, the hon. Member for Stockton South (James Wharton), shaking his head during my hon. Friend’s comments. This morning the hon. Gentleman moved an amendment to his own Bill, so it is clear that it has already been improved. Has my hon. Friend had a chance to discuss these amendments with the hon. Gentleman, and can he tell us whether the hon. Gentleman is inclined to accept them?

[Mike Gapes]

I have had no direct discussions with the hon. Member for Stockton South (James Wharton), but he is present, and is perfectly at liberty to speak about the amendments or even to intervene now. I should welcome an intervention from him if he wishes to explain why he does not like certain of my amendments. However, as we have observed on previous Fridays, although he is the Bill’s promoter, he makes hardly any contributions to our debates.

--- Later in debate ---

[Jim Fitzpatrick]

I am sorry to say that I am somewhat disappointed by amendment 17. I agree with my hon. Friend the Member for Caerphilly (Wayne David), who said that it will give a veto to the devolved Assemblies, which is not in the ethos of a United Kingdom. More importantly, paragraph (d) states that there is a veto in relation to European Parliament constituencies. Notwithstanding the explanation of my hon. Friend the Member for Ilford South (Mike Gapes) about the referendum result not being binding, the amendment refers to a decision that

“the referendum has not produced a valid outcome.”

To me, that means that the referendum would be discarded. Does the amendment mean that the Electoral Commission will raise such a matter, because the amendment does not indicate what will happen if vetoes for different geographical areas are allowed and one actually takes place?

[Mike Gapes]

I agree that amendment 17 is not perfect. I originally put forward a series of amendments, but they were tabled together as one amendment. I would have preferred to have a vote on each paragraph separately, but that is not how the process worked, so they are all together in one. I interpret the amendment as giving advice to the Electoral Commission, which would then make recommendations to the Government, at least six months and probably two years in advance of any referendum. At that point, provisions could be considered to take account of the needs of the whole of the United Kingdom, as well as the requirement for a threshold to ensure that the result of any referendum cannot be based on a small minority, as has happened in police and crime commissioner or other elections, when the decision will have profound long-term implications for the future of the whole United Kingdom.

Amendments 5 to 7, which are linked, make proposals relating to the conduct of the referendum to make sure that there is a level playing field in the provision of public information and campaigning on both the yes and the no sides. From our experience of other referendums, not least the one on the alternative vote, we know that the different sides can put in different levels of resources. We know that well-funded American citizens of Australian origin who have daily newspapers and people from other countries who have connections with lobbying companies and organisations, whether tobacco lobbyists or others, will be able to generate large amounts of publicity for one side in any referendum campaign.

It is important to have balance. We already have rules with regard to party political broadcasts on television. Amendment 6 would make provision for television referendum broadcasts for both sides, so that there are

“no fewer than six nor more than 10 broadcasts of a total time of at least 60 minutes on all television channels…at such times as are determined by the Electoral Commission”.

Given that this country has minority languages that are recognised by the devolved institutions, we need provision for broadcasts in Welsh or Gaelic in certain parts of the United Kingdom.

[Mike Gapes]

The amendment is about state funding to ensure that both sides have a minimum level of resources for campaigning, but it does not cap the total that can be spent. It is entirely up to the Electoral Commission to propose rules of that kind. None of my amendments would introduce a cap, but I take my hon. Friend’s point. There will undoubtedly be a disparity, with well-funded—perhaps foreign—interests that want the UK to leave the European Union, because they see that as a way to help their companies have lower standards of social protection, parental rights or whatever, so there are dangers.

[Jim Fitzpatrick]

I do not know whether my hon. Friend the Member for Caerphilly and I will agree about amendment 5, as we did on the wording of amendment 17. Does my hon. Friend the Member for Ilford South intend to introduce a private Member’s Bill to make voting compulsory in this country? My impression is that what he wants broadcasters and print media to produce would completely turn off the British people by forcing politics down their throats. If anything is guaranteed to ensure that people do not vote in the referendum, it is this amendment.

--- Later in debate ---

[Mike Gapes]

I am about to introduce amendment 7, but I thank my hon. Friend for pre-empting me. It deals with what we could call the Rupert Murdoch question: making sure that when 70% or more, by circulation, of this country’s print media is in the hands of people who do not want Britain to remain in the European Union—they will no doubt campaign vigorously, as many of them have for many months or years, with a relentless daily drip, drip, drip—their readers should have some information from both sides of the campaign.

Amendment 7 states that

“proponents and opponents of the question in the referendum are able to publish a two full page advertisement spread immediately after the front page in all national editions of newspapers published in any part of the United Kingdom, as specified by the Electoral Commission, on four dates to be specified by the Commission”.

That would ensure that the debate is conducted with some degree of fairness, and it would also save costs. There could be a higher figure for both sides of the campaign to enable them to put out more material, but we require balance in our broadcast media—the BBC and other broadcasters are supposed to show balance during election campaigns—and the amendment is about having such balance in our print media.

[Jim Fitzpatrick]

I took notice of your previous admonishment, Madam Deputy Speaker, when I mentioned alternative legislation. However, I want to do so again on the basis that we considered recently the complex issue of press freedom and the royal charter. Surely what is missing from amendment 7 is the word “paid”. It states that the Secretary of State will make publishers

“publish a two full page advertisement”

on these issues. Surely the word “paid” should be in there, because we would not be taking editorial control of the newspapers. The adverts would surely have to be paid for by the taxpayer.

[Mike Gapes]

It would be for the Electoral Commission to consider how best the adverts could be paid for. The payment could come out of the £10 million that is mentioned in amendment 5 or a special fund could be established for the purpose. Perhaps, out of the goodness of their hearts and acting patriotically in the national interest, the newspapers might allow both sides in the debate to be heard, rather than putting only one side of the argument, as is often the case with some publications in this country.