Government Referendum Leaflet

Owen Paterson Excerpts

Monday 11th April 2016 Commons Chamber

[Mr Lidington]

I hope that when people have read both the information that the Government have published and other available information they will judge, as Ministers have on behalf of the Government, that membership of the European Union makes the United Kingdom stronger, safer and better off than it would be outside it.

[Mr Owen Paterson (North Shropshire) (Con)]

This really is a crass move by the Government. It will hugely galvanise those who want to leave the European Union and will do nothing to bring people onside for the remain campaign. It is also in total breach of the guidelines set out by the Venice Commission, which make it very clear that if there is to be a balanced presentation, the view of the opposing side should be expressed. Will the Minister make £9 million available to the leave campaign?

[Mr Lidington]

As I said earlier, we judge that the benefit to the leave campaign—and, for that matter, to the remain campaign, once both are designated—of a publicly funded leaflet distribution will be of the order of £15 million, which is significantly more than the sums we are talking about this afternoon. Those two campaign bodies will be free to campaign and communicate right up until polling day, including during the final 28 days, during which time the Government’s freedom to do so will be severely constrained. I will also just say to my right hon. Friend that I have never felt that those who support a British exit needed much galvanising.

European Union Referendum Bill

Owen Paterson Excerpts

Monday 7th September 2015 Commons Chamber

[Kelvin Hopkins]

I broadly agree with my hon. Friend. The debate has largely cleared the air and I look forward to a much fairer referendum than might have taken place if we had not had it or these changes.

Before I conclude, I should apologise for not being in the Chamber for the beginning of the Minister’s speech. I heard the meat of it and the important points that he made, however.

[Mr Owen Paterson (North Shropshire) (Con)]

It is a great pleasure to follow the hon. Member for Luton North (Kelvin Hopkins) and I agree with pretty much every word he said.

I find it extraordinary that we are having this debate. We are discussing something that is part of our national politics. We have had a long-standing convention that Ministers can act and speak as Ministers and then move into a different mode and act as politicians. The most graphic example I can give is for Members go to the Government website and look at the transcript of the Bloomberg speech and then go to the New Statesman’s website. On the Government website, certain political phrases are excised. That is absolutely normal in our political discourse, certainly in general elections.

The Cabinet Secretary himself, referring to the last general election, wrote on the civil service blog:

“For this election, purdah begins today. Of course, the country—and the public services that we deliver—can’t just stop for the election. The UK Government retains the responsibility to govern and Ministers remain in charge of their departments. Civil servants will keep delivering government business, and if any crisis needed urgent action then we would tackle it in the normal way.”

We know that that works perfectly well in general elections. I remember going to help one of our Ministers. She had been to a ministerial event with her red box in the morning and she came back and was acting as a politician. It works fine and we have a long-standing tradition of doing that during general elections.

We did not have purdah in referendums, as was shown spectacularly in the first Welsh referendum. I was involved, as there was a complete cleanout of Tory MPs in Wales. I was the nearest thing, because my bottom gate is 50 yards from the Welsh border. The Tory party was flat on its back at the time and the Labour party behaved in the most amazing manner. There was even an aeroplane that flew along the south coast of Wales with a large banner fluttering along behind it reading “Vote yes, support Blair”. That was where we were with referendums, so it was quite right that the Neill committee was established.

It is worth remembering the comment made by Professor Vernon Bogdanor, which I mentioned earlier. He taught the Prime Minister a little something. He said that

“one purpose of a referendum…is to secure legitimacy for decisions where Parliament alone can not secure that legitimacy. For that legitimacy to be secured, the losers have to feel that the fight was fairly conducted.”

That point has not been made tonight, apart from by my hon. Friend the Member for Stone (Sir William Cash). Everything we say tonight is for the birds if the public smell a rat. If the public detect that the referendum has been rigged to help one side, they will not feel that it is legitimate or that the debates are straight. Whatever the result, many of them will not accept it.

There is an incredibly important point here. Purdah was not set up lightly. It was set up after long debates and I remember clearly that Labour’s interpretation of the Neill committee’s recommendations was that it should be 28 days. Those of us in the Conservative Opposition at the time were very unhappy with that. We had wild, radical Jacobins who are now in the Lords, such as Lord Fowler, Lord MacGregor and Lord Mackay of Ardbrecknish—not crazies, or crazy radicals—who argued consistently and steadily for more than 28 days, and we pushed that. I remind the House of those debates, in which those of us in the Conservative party reluctantly accepted 28 days.

I find it strange that those on the Labour Front Bench are not proud, as they should be, of introducing purdah. After the horrors of the first Welsh referendum, they took note, listened to the Neill committee and came forward with these purdah rules, which have worked extremely well. Labour should be proud of how the rules have worked. We have had several referendums. I am sitting next to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan), who was Secretary of State during the most recent Welsh referendum. I am totally unaware of any problem relating to purdah in any of those referendums so I am afraid that I doubt the Government on this.

[Mrs Gillan]

My right hon. Friend is absolutely right. The referendum was conducted on 3 March 2011. As Secretary of State at the time, I remained neutral, because I wanted the Welsh people to have confidence in the outcome, and that is what happened. There was a good result in favour of the Welsh Assembly Government having primary legislative powers, and there was no problem whatsoever with the period of purdah, either at UK Government level or at Welsh Government level.

[Mr Paterson]

I am grateful to my right hon. Friend for that helpful intervention. I would like the Minister to try to cite a single example of purdah rules infringing the ability of the Minister with responsibilities in the areas affected by those referendums to act effectively.

I do not have much time, but I want to mention one interesting organisation, the European Commission for Democracy through Law, which is better known as the Venice Commission. It is the Council of Europe’s advisory body on constitutional matters. My interpretation of its guidelines on referendums is that they seem to be breached by the current UK Government’s stance on purdah. I would be very interested to hear my right hon. Friend the Minister’s comments on that. To help his team, the guidelines to which I am referring are the “Guidelines for Constitutional Referendums at National Level”, which state that

“public authorities (national, regional and local) must not influence the outcome of the vote by excessive, one-sided campaigning.”

In 2005 the commission published “Referendums in Europe: An Analysis of the Legal Rules in European States”, which noted approvingly that countries such as Ireland, Portugal and Latvia have strict provisions for electoral neutrality. Even the Russian Federation has neutrality rules. It would be interesting to know where we feature in that regard. Also, have the Government looked at the most recent code of practice on referendums from 2007, which makes it very clear that respect for equality of opportunity is crucial for referendums and elections?

The most recent endorsements of the proposals are in amendment 4 and in amendment 78, which was tabled by my hon. Friend the Member for Stone, and which I have signed. It is worth noting that the Electoral Commission has stated:

“We have not identified problems with the workability of section 125 of PPERA applying to governments at previous referendums, and so we think that it should be workable in relation to this referendum.”

I am afraid that everything I see this evening will be a mess. The only really clean solution is to go back to purdah, as outlined in the debates when we reluctantly agreed 28 days, and we can do that with amendment 78. I would like to hear what the Minister’s legal advice is. The Speaker’s Counsel—this has been mentioned twice, but I will mention it a third time—has said clearly that making statements on European Councils and putting them in press releases is allowed because they do not infringe section 125. Let me just put that on the record. Section 125 refers to material that

“(a) provides general information about a referendum…

(b) deals with any of the issues raised by any question on which such a referendum is being held;

(c) puts any arguments for or against any particular answer to any such question”.

As a layman, I just do not see how a Minister going to a Council, putting that into a statement and then repeating it in a press release can infringe section 125. I would really like the Minister to put the legal advice he has received in the Library.

I will bring my remarks to a swift conclusion. I do not like new clause 10. We will have to trust the Government to produce a list of exemptions. It is entirely black and white; we either accept or we reject. It would have been much better if the Government had put those exemptions in an amendment, as they have done with amendment 53. Why not consider the other exemptions in a full debate such as this, rather than a take-it-or-leave-it statutory instrument? I am convinced that the only real solution is to go back to the proper purdah that we thrashed out previously, which worked in previous referendums.

[Sir William Cash]

Does my right hon. Friend have some sympathy with the amendment tabled by the right hon. Member for Gordon (Alex Salmond) on the enforcement of purdah, because we are getting into a bit of a mess on this, as my right hon. Friend has said? If there was some means of enforcing the purdah that is left, we might have at least some leverage over what happens later.

[Mr Paterson]

That is certainly worth looking at, but what we really need is a return to proper purdah and we want section 125, so we would like the House to support amendment 78, which covers the devolved parts of the United Kingdom. That is the best solution. I think that what we are looking at is a botch. I think that it will end up looking like new clause 10, and possibly like amendment 4, but that is better than where we were last time.

I thank the Minister for the respectful way in which he has listened to the debate, but I would be grateful if he answered the points I have made. I repeat them again. What are the instances in previous referendums when purdah stopped normal Government functioning? Where are we with clarity regarding the Venice Commission? Please can these horrific legal statements, which have put such a spook under the Government, be placed in the Library? For myself, I will seek a return to pure purdah.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

The rules relating to purdah in elections ensure a fair and proper process during elections and referendums. In fact, the Cabinet Office’s general election guidance, issued just before this year’s general election, states that elections

“have a number of implications for the work of Departments and civil servants. These arise from the special character of Government business during an Election campaign, and from the need to maintain, and be seen to maintain, the impartiality of the Civil Service, and to avoid any criticism of an inappropriate use of official resources.”

The Scottish National party believes that the referendum on the UK’s membership of the European Union—arguably our most vital and strategic international relationship—should set the gold standard for fairness and impartiality. The Government’s original proposals fall far short of that standard—indeed, they will undermine public and parliamentary confidence in the process. That is why they are now—eventually—being opposed by Members on both sides of the House.

The Government’s latest back-pedalling exercise, otherwise known as new clause 10, still fails to live up to the highest standard of impartial conduct, and specifically fails to introduce any mechanism properly to enforce the purdah regulations it proposes. Amendment 11, standing in my name and those of my colleagues, fills that gap. The Minister’s own former Government colleague, the right hon. Member for North Shropshire (Mr Paterson), from whom we have just heard, is quoted in The Times today as saying:

“All we’re asking is that this debate is open and fair, and we adhere to the current rules on purdah”.

He continues:

“You cannot have sneaky little tricks to try and rattle the thing through… It is just going to dirty the whole process and the losers may well consider it to be illegitimate if it has not been done fairly.”

Many voters in Scotland remember the sophistry deployed by the previous Government during the referendum campaign on Scottish independence. Despite the Conservatives and Liberal Democrats signing up to the Edinburgh agreement, the agreement was blatantly ignored following the no campaign’s last-gasp panic in the face of judgment by voters in Scotland. My right hon. Friend the Member for Gordon (Alex Salmond) mentioned the vow, and we will continue to mention the vow until it is implemented in full, but eleventh-hour initiatives such as the vow, and using the referendum unit in the Treasury to orchestrate a scaremongering campaign by pressurising banks and other companies, were clear breaches of the agreement on the part of the UK Government. Understandably, MPs on both sides of the argument do not want to see a repeat in the Euro-poll. If only they had spoken up last year. That is why I call on the House to support the SNP amendment, which will introduce an enforcement mechanism against breaches of purdah covering both Ministers and civil servants.

As on so many issues, rather than provide strong leadership, the Prime Minister has botched this business at every possible step. That may lead some of us to believe that his heart is not in it and he was somehow bounced into making the commitment against his own free will. First, he backed down on asserting collective Cabinet responsibility on a vital national issue. Then, he caved in on the timing of the poll, after his attempt to hold it on the same day as the Scottish elections faced parliamentary defeat before the summer recess. Last week, he was overturned by the Electoral Commission on the referendum question itself. And in the past few days, we have seen the Government retreat on their original attempt to influence the campaign by using Ministers and civil servants during what should be a strict purdah period. Our amendment will keep the campaign fair and honest and provide the means to enforce good intentions, and I recommend it to the House.

European Union Referendum Bill

Owen Paterson Excerpts

Tuesday 9th June 2015 Commons Chamber

[Mr Owen Paterson (North Shropshire) (Con)]

This is a great day, a remarkable moment: we have a Conservative majority—now, I am delighted to hear, backed by the Labour Opposition—that will deliver a Bill to give the people of the UK a choice on who actually makes their laws and regulations. The mentors, sadly dead, who encouraged me to come to this place more than 20 years ago, such as my predecessor the late Lord Biffen of Tanat and the late Lord Ridley of Liddesdale, would be delighted that we have the opportunity to go back to the question of whether this country voted in 1975 to join a market and, as the shadow Foreign Secretary has commented, have the benefits of a market, embrace the world and get our full seat back on organisations such as the World Trade Organisation, and not be told what to do by the political and judicial arrangements that we are currently under.

This is a glorious moment in history, because the eurozone will inevitably move to become a co-ordinated country, in which significant amounts of money are shifted from the northern wealth-creating areas of Germany and Holland to southern Europe, and we have a chance of really radical change. I am delighted that the Foreign Secretary expounded that today and that the Prime Minister has made a start. We have a real chance.

[Mr Jenkin]

I would recall other mentors who were in the House when I first entered it, such as the late Lord Shore of Stepney and, indeed, the late Tony Benn.

[Mr Paterson]

I am glad to have the endorsement of those key figures from the Opposition Benches.

I want to touch on two points. First, I strongly advocate that the Prime Minister gets the maximum time for his negotiations, and I would like the referendum to be held in late 2017. Secondly, on the question, I favour two positives, rather than having one side as a negative.

The issue that really concerns me, however, is the suspension of purdah. I am afraid that I was dismayed to read the Foreign Secretary’s comments on ConservativeHome this morning, which are nonsense. The rules of purdah have developed steadily over 20 years. We have just fought a general election very satisfactorily, during which the wheels of government continued to turn without attempts to use taxpayers’ money to influence the way people voted.

I want to take the House through the long process that goes right back to 1996, when the Nairn report called for referendums to be brought within election law. The result of the Welsh referendum, when the Conservatives were in total disarray, was extraordinarily narrow: 6,721 was the majority across Wales, or 168 per seat. By any standards, that was a very marginal result. Particularly in north Wales, near where I come from, there was widespread dissatisfaction at the fact that the result was affected by very significant Government interventions.

In October 1998, Lord Neill of Bladen’s Committee came up with some absolutely key recommendations. I want to cite Vernon Bogdanor of Oxford University—he taught the Prime Minister a thing or two about politics, philosophy and economics—who, in a very telling contribution, said:

“I hope also the Committee will make some suggestions about referendums because one purpose of a referendum…is to secure legitimacy for decisions where Parliament alone can not secure that legitimacy. For that legitimacy to be secured, the losers have to feel that the fight was fairly conducted.”

That issue is absolutely fundamental: the British public have a real sense of fairness, and if they have a sense that this referendum is rigged, the result will not be legitimate.

On that basis, the very distinguished figures on the Neill Committee stated:

“We believe it is perfectly appropriate for the government of the day to state its views and for members of the Government to campaign vigorously during referendum campaigns, just as they do during general election campaigns. But we also believe that, just as in general election campaigns, neither taxpayers’ money nor the permanent government machine—civil servants, official cars, the Government Information Service, and so forth—should be used to promote the interests of the Government side of the argument. In other words, referendum campaigns should be treated for these purposes in every way as though they were general election campaigns.”

They also said:

“We believe that it is extraordinarily difficult, if not impossible, for the government of the day to offer purely objective and factual information in the course of a referendum campaign, especially when, as will usually be the case, itself it is a party to the campaign. We believe governments should not participate in referendum campaigns in this manner, just as it would be thought to be wholly inappropriate during a general election campaign for the government to print and distribute, at the taxpayers’ expense, literature setting out government policy.”

Their recommendation 89 stated:

“The government of the day in future referendums should, as a government, remain neutral and should not distribute at public expense literature, even purportedly ‘factual’ literature, setting out or otherwise promoting its case.”

I stress that very senior, respected figures on both sides of the House have participated in this long debate over the past 20 years. In an Adjournment debate on the Neill report on 9 November 1998, there was a significant contribution by the then Home Secretary Jack Straw, but, on the Conservative side, the now Lords Fowler and MacGregor of Pullham Market were absolutely clear in calling for full implementation of Neill. Sir Norman Fowler, as he then was, said:

“However, we accept the findings in the report and believe that legislation based on it should be introduced with the proviso that it should implement all the major proposals. There should be no cherry picking of one proposal, leaving the others to one side.”—[Official Report, 9 November 1998; Vol. 319, c. 59.]

Second Reading of the Political Parties, Elections and Referendums Bill was on 10 January 2000, introduced by Jack Straw. Interestingly, Mr Speaker, there was a significant intervention, at column 36, by the hon. Member for Buckingham (John Bercow). Only you could use such a phrase as this:

“I am sure that the House has listened to the right hon. Gentleman’s historical exegesis with great interest.”

Very pertinently, as the first person to raise the issue of time, you went on:

“If he is against the purchase of votes, how does he justify promoting a Bill that will allow the issue by Ministers of official press releases in support, for example, of the abolition of our national currency, while regulating the activities of campaigning organisations in any such referendum for up to six months, thereby preventing the supporters of national self-government from effectively arguing their case?”—[Official Report, 10 January 2000; Vol. 342, c. 36.]

That was a most pertinent intervention because the issue of time reappeared in Committee.

My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who has sadly left his seat, argued hard on the amendments, and, Mr Speaker, you and I participated on the issue of special advisers. Respected figures such as my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) and my hon. Friend the Member for Stone (Sir William Cash), and a number of us who have held this party together through the long winter of opposition, all made the point that 28 days was not sufficient. We were absolutely clear that we did not like Jack Straw’s proposals on 28 days. My right hon. and learned Friend the Member for Beaconsfield said:

“we are worried that the 28-day period on its own will be insufficient. The particular mischief is that there will be a preliminary period, in which the campaign that will be set up in opposition to the view that the Government want to put forward, but which they will subsume into their own campaign organisation, is not up and running because it has not received validation from the commission.”—[Official Report, 16 February 2000; Vol. 344, c. 1062.]

Lord MacKay of Ardbrecknish, another distinguished Conservative, said:

“I believe that purdah should apply during the whole referendum period. I consider that to be fair and equitable.”—[Official Report, House of Lords, 22 November 2000; Vol. 619, c. 884.]

A helpful intervention came from the Electoral Commission yesterday:

“We are therefore disappointed and concerned that the Bill includes provision to remove the restrictions on the use of public funds by governments and others to promote an outcome right up until voters cast their vote.”

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

Will my right hon. Friend give way?

[Mr Paterson]

No, I want to finish my comments because other Members want to speak.

The question we have to ask is why this power, which has been debated by serious Members on both sides of the House over a 20-year period, resulting in what Conservative Members thought was the very unsatisfactory compromise of 28 days, is being lifted arbitrarily. We have fought a number of general election campaigns during which cars continued to be made, cows continued to be milked and the world did not stop.

It absolutely must be taken on board by the Government that if the British people sense that there is no fairness and that the referendum is being rigged against them, because a deluge of local government, national Government and, above all, European government money and propaganda can be dropped on them—there will not just be election material, as the Foreign Secretary said, but reports, briefs and analyses on the terrifying consequences of the vote going in a certain way—it will be unacceptable and will go down extremely badly with the British people.

What really worries me is that this extraordinary, incredibly important event in our history could be seen as illegitimate, and that whatever system of government for this country emerges after the referendum might not be seen as valid. I appeal to the Foreign Secretary to go back, talk to the Prime Minister and remove this arbitrary suspension of the process of purdah that has been thrashed out over 20 years.

[Mr Speaker]

In calling the right hon. Member for Gordon (Alex Salmond), I remind the House that as his party’s Front-Bench spokesman, he is not subject to the 10-minute limit.

--- Later in debate ---

[Mr Kenneth Clarke (Rushcliffe) (Con)]

I have to tell the right hon. Member for Gordon (Alex Salmond) that, though I enjoyed his speech very much, he has not persuaded me to support the SNP amendment tonight. That is not because I no longer have fundamental doubts about referendums. Like every politician of my generation, I prefer parliamentary democracy, but we are where we are and it is obvious that we will have a referendum. I probably will not vote in favour of the Bill tonight, but I shall do nothing to stop it going ahead in principle.

I would only warn my right hon. and hon. Friends that since Harold Wilson made the unwise decision to introduce the institution into our British constitution it has never yet been used to settle any question. The question of proportional representation, for example, is very much alive and kicking. The question of elected mayors does not seem to have been totally resolved by all the local referendums. The future of Scotland, and what I hope will be its continued relationship with the United Kingdom, has been enlivened, not quietened, by the result of the recent referendum. Now we are to have one on Europe again.

I agree with the right hon. Gentleman that politicians of conviction fight in referendums and accept that they have lost them, but they do not change their fundamental views. I do not believe that my right hon. Friend the Member for North Shropshire (Mr Paterson) will become an enthusiastic Europhile if he is on the losing side of the referendum, and he will not be surprised to learn that I am likely to be found supporting the yes campaign, but I hope that the referendum campaign will be of the same extraordinarily high quality as the Scottish one, in which I took some small part. I have never known the population be so politicised or have such an intense debate. So far, I have been on the winning side in all the important referendums, and I hope that I will be so again after an interesting campaign.

[Mr Owen Paterson]

I think that I have one over my right hon. and learned Friend in that I have been the president of a European trade association and he has not. He really must not muddle the idea of the European Union, which is a political and judicial organisation, and the European market, of which I am a most enthusiastic proponent.

[Mr Clarke]

My right hon. Friend appears to believe that we can somehow have all the advantages of the European Union and the market without complying with any of the obligations. I know of no trading bloc that allows anybody entry to its markets on the basis that they will decide whether to comply with its rules.

I approve of the form of words in the Bill for the question but I hope, as the campaign goes on and we all form all-party campaigns, it becomes crystal clear what the question actually means. It is not solely about the negotiations for reform. Personally, I completely concede that the European Union has a lot of defects and is ripe for reform, and I approve very strongly of some of the measures, particularly those in the Bloomberg speech, which my right hon. Friend the Prime Minister is pressing for—if he can achieve them. However, the yes vote involves a decision on the future role of the United Kingdom in the modern world: how we are best able to further the interests of our citizens, defend our security, develop our economy and bring prosperity. That is the big question.