European Union Referendum Bill

Pat McFadden Excerpts

Tuesday 8th December 2015 Commons Chamber

[John Penrose]

I think I have just addressed that point. We cannot waive privilege and disagree with the amendment for other reasons. We therefore need to engage financial privilege, but I am taking the opportunity of this speech and this debate to make sure that those other issues are given an airing as well. I hasten to add that there is nothing new in this. There is a long-established precedent in this House. I shall leave it to the procedural experts to lecture us all on the historical antecedents of financial privilege. We are not creating any sort of unusual precedent here.

I have not sought to repeat or rebut every argument. As I said, the subject has been debated many times in the Chamber already. I have, I hope, given everybody a taste of the issues and stated the Government’s position. The House has expressed its view on this matter many times, and I ask us all to repeat that once more.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

I rise to oppose the Government’s proposal to reject Lords amendment 1 and to support the amendment passed by their lordships which extends the franchise for the European referendum to 16 and 17-year-olds. There is an ongoing, more general debate about franchise extension, but today I want to concentrate on the case for extending the franchise to younger voters for this particular referendum. Constitutional referendums are not like general elections, which come about every five years, or local elections, which come about every year. It is 40 years since this issue was voted on in this country. Major constitutional referendums are a once-in-a-generation choice, perhaps a once in a lifetime choice, about the country’s future direction. Our contention is very simple: it is that the young people of this country deserve a say in the decision that will chart our country’s future.

--- Later in debate ---

[Mrs Anne Main (St Albans) (Con)]

Why did the right hon. Gentleman’s party not choose to move this amendment before their lordships decided to impose it on us?

[Mr McFadden]

We moved it both in Committee and on Report, so I think that the hon. Lady’s memory fails her on this occasion.

On the first point about younger people having the vote, every British citizen, by virtue of the passport that they hold, has the right, as my hon. Friend the Member for Denton and Reddish (Andrew Gwynne) said, to live, work and study anywhere in the European Union. That right has opened up opportunities for millions, and it is used by the many British people who live and work elsewhere in the European Union. Those driving the argument that the UK should leave the EU have at the heart of their proposal the idea that the free movement of people should be stopped and withdrawn. Whatever they are for—it is often not easy to figure that out—they are certainly against that. However, if we do withdraw and go down that road, then reciprocal action will be taken against British citizens. Therefore, the rights, opportunities and futures of our young people are on the ballot paper.

[Geraint Davies (Swansea West) (Lab/Co-op)]

In my constituency, people aged 15, 16 and 17 are telling me that they will vote in the next general election, that it is very important to them whether we are in or out of Europe, and that they want this vote because it determines their future. Next door in Gower, where the majority is only 27 votes, people are telling me that if their MP does not vote for them to have a vote, they will vote against him, so this will have a far-reaching impact on the general election as well.

[Mr McFadden]

I entirely agree that young people have an interest in this issue, for the reasons I have been setting out.

The argument is not only about the legal rights that we hold. This referendum, one way or another, will affect future trade patterns in our country. It will have an impact on investment, on funding for our universities, on our farmers, on regional spending, and on very many other areas of national life. It will say a huge amount about how we view ourselves and how the rest of the world views us. This is very much about the United Kingdom’s future, and we believe that young people, including young people aged 16 and 17 at the time of voting, should have a say in that future.

Then there is the question of practicalities. We already know from the experience of last year’s referendum on Scottish independence that 16 and 17-year-olds can successfully take part in a national poll. Young people there were able to engage in discussion and debate and to exercise their democratic choice in the same way as anyone else. Arguments about their lack of capacity to understand or engage were proven not to be the case. The post-referendum report by the Electoral Commission said:

“109,593 16 and 17 year olds in Scotland were registered to vote at the referendum and 75% of those surveyed after the poll said they had voted.”

Importantly, it continued:

“97% of those 16-17 year olds who reported having voted said that they would vote again in future elections and referendums.”

So we know that young people can take part and that, given the chance, many of them will do so; the issue is whether the Government will give them that chance.

This should not be a partisan choice. There is nothing intrinsically Conservative, Labour or nationalist about extending the franchise. The leader of the Scottish Conservatives has described herself as a

“fully paid-up member of the ‘votes at 16’ club”.

Some Conservative Members, as far as I recall, supported this proposal when we debated it in Committee and on Report, yet Ministers are still standing in the way.

The Government have said that extending the franchise in this way will cost £6 million, which has been enough to define the proposal as engaging the financial privileges of this House. But of course Ministers could ask this House to waive our privileges and accept the amendment. That is what has happened many times in the past when the Government have supported amendments. It could also happen now, and it is a course of action that we would support. In the end, this is not about the proposal being unaffordable; it is about the Government not wanting to do it. According to the autumn statement, total public spending in the next financial year is estimated to be £773 billion—£773,000 million, and the Government want to deny young people a vote for the sake of six of them. They would not even have to spend that amount every year; after all, this is a once-in-a-generation choice.

Let us be clear what this is about. Let us not make a constitutional crisis over a small amount of money or use an argument about what is, in the end, a straightforward policy choice in the Government’s wider campaign to neuter the House of Lords. The issue is this: do we believe that 16 and 17-year-olds should have the vote in this referendum because they have a right to have a say in the future direction of our country? We do, and that is why we support the amendment that was added by their lordships and will vote for it when the House divides.

[Mrs Main]

I rise to support the Government in this matter. I do not think it is reasonable that their lordships should decide to open the chequebook of this House for whatever amount. I am surprised that the right hon. Member for Wolverhampton South East (Mr McFadden) seemed to think that this is a fiddling amount of money of no consequence. I think he is missing the point somewhat. It is important that the will of this House is seen to be done, and the will of this House, as we have debated many times, is not to extend the franchise to 16 and 17-year-olds.

I listen with interest to the regular contributions of Scottish Members who say, “We gave young people the vote in the referendum on whether Scotland should be independent, but this House is not giving them the vote in the wider referendum on the EU. If it’s good enough for Scotland, how do we explain to them that they cannot have it in this situation?” I remind Scottish Members that they cannot have it both ways. What they choose to do in Scotland is up to them, but they cannot then use it as a wonderful precedent to insist that we operate in the same way. Something that has just been done in Scotland with which I fundamentally disagree is the provision in the Children and Young People (Scotland) Act 2014 whereby every young person under the age of 18 must have a “state guardian” appointed who will be expected to assess a child’s wellbeing under eight key indicators, including their being safe, healthy, included and respected.

--- Later in debate ---

[Sir William Cash]

I will leave aside my own opinions on this point. As my right hon. Friend knows, I have strong views, which I will develop during the campaign, about why we should leave, but we already know from speeches made by the Prime Minister and other Ministers that there is a presupposition that a reformed Union is the way to go. The test to be applied is whether the reforms amount to much, which I do not think they will, and meet the test of changing our relationship with the EU, which is also relevant. On these questions there will be much debate, but anybody with a fraction of judgment, in respect of this huge landscape and the trust to be placed in the voter to make the right decision, will have to consider whether there is any significant bias in the reports. We have already been through the whole of the purdah debate, which was about using the civil service machinery. If I may say so, I think we won that one. There should not be a back door to achieving the same objectives relating to a report of this kind.

On that note, I give notice that I propose to withdraw my amendment. I want to know from the Minister whether or not he is prepared to accept my point about impartiality and accuracy. He knows perfectly well what I mean, and he is more than capable of giving us a decent answer.

[Mr McFadden]

I shall speak briefly, particularly now that the hon. Member for Stone (Sir William Cash) has indicated that he will withdraw his amendment.

Lords amendments 5 and 6 quite closely reflect amendments that Opposition Members tabled in Committee and on Report. Amendment 5 calls for information and a report on the Government’s renegotiation process, while amendment 6 calls for a report on the rights and obligations entailed in membership of the European Union and invites the Government to outline the rights and obligations of certain countries that have relationships with the EU, perhaps through the EEA agreement, but are not members of it.

I refer Members to the recent Policy Network pamphlet on these issues, entitled “What does ‘out’ look like?”, which I think would make a great Christmas present for the Minister and for anyone considering these issues. I have some copies available if the Minister would like to see them. This is not the same as the purdah issue. We are talking about something that is 10 weeks out and we are not in the absolute heat of the campaign. We are not talking about a leaflet that is to be distributed to every household in the country or anything like that. What we are calling for is for the Government to publish information on both aspects—the renegotiation and what “out” might look like. That should give the public the best information possible on a very important decision.

The Government and the Prime Minister have placed great emphasis on the renegotiation itself, and we have seen the exchange of letters between the Prime Minister and the President of the European Council, who published his initial reply yesterday. We know there will be some discussion of these issues at the European Council next week, but probably not a conclusion until the European Council in February next year.

It remains to be seen what the outcome of these renegotiations is going to be. We had some indication in the letter from the President of the European Council yesterday. Many Opposition Members do not place the same weight on this renegotiation as the Prime Minister does, because we think there is a broader case for membership beyond the four points that the Prime Minister outlined in his letter of last month to the President of the European Council. It is obviously also the case that many Government Back Benchers place no weight at all on the renegotiation, because there is nothing in it that could get them to change their minds about the outcome of the referendum. I believe it was the hon. Member for Harwich and North Essex (Mr Jenkin) who asked during questions on a statement after he had seen the contents of the Prime Minister’s letter, “Is that it?”

[Mrs Main]

I understand that last point, but it is all part of the debate. What is being asked and the response to what is being asked are all part of the calculations being made by many people who may be considering what “in” looks like, as well as what “out” looks like. If the negotiations are not treated with the respect and gravity they deserve, even though they may be quite modest, that sends a big message to those of us who have concerns about our ongoing membership.

[Mr McFadden]

I thank the hon. Lady for her intervention, but different people will look at the renegotiation in different ways. The point I am making is that there is a broader case about membership of the EU that goes well beyond the four items listed in the Prime Minister’s letter and the four cases in President Tusk’s reply. If, for the hon. Lady and for some voters, it is all about those four points, that is a fair judgment for them to make, but what I am saying is that for most Opposition Members there is a broader case for membership outwith the renegotiations. I would venture to suggest that when it comes to the referendum and voters actually casting their vote on whether we should remain the EU or leave it, it will not in the end be the finer points of the renegotiation that are in their minds. It will be the broader case either for in or out. That is what people will vote on.

--- Later in debate ---

[John Redwood (Wokingham) (Con)]

It seems to me that the Opposition are yet again falling into the trap of thinking that it is possible to trade with the EU only if we have a special arrangement with it, like Norway or Switzerland. Yet all the world’s countries trade with the EU, and the very badly drafted Lords amendment invites comment on all those different arrangements, many of which have no special deal at all.

[Mr McFadden]

I am not saying that the Norway example is the only one out there. There are others, but Norway is a real live example, which I think is relevant to our debate. Moreover, some in the campaign to leave the EU have drawn attention to it as a model, while others have drawn attention to Switzerland as a model. It would be good to understand from the Leave campaign exactly what model they seek to support. It is right that in advance of the referendum, the Government should publish as much information as possible so that the voters are clear about what is involved.

The amendment proposed by the hon. Member for Stone calls on the Electoral Commission to be the marker, as it were, of the Government’s homework, but the Electoral Commission has said clearly that it does not want to do that. It accepts that there is an appetite for more detailed information, but it states that

“we would not have the capabilities to do so…nor the required expertise to judge a report to Parliament”.

That is very clear.

[Damian Green]

I want to give the right hon. Gentleman another chance to plug his pamphlet. In it, he sets out the various options that would be available to this country. In the context of the Government providing information, this is quite a difficult ask. It is inevitably hypothetical; nobody can know what the divorce settlement would be. The Government would certainly not know. What the amendments are effectively asking the Government to do is to stick a finger in the air and see which way the wind is blowing. It is quite difficult to call that “information”.

[Mr McFadden]

I respect the right hon. Gentleman’s views on this matter, but I am afraid I disagree with him. The amendments are not asking the Government to stick a finger in the air and speculate on what the UK’s arrangements would be after withdrawal. Amendment 6(b) shows that this is about

“examples of countries that do not have membership of the European Union but do have other arrangements with the European Union”.

That is not speculation; those examples already exist. We can study the obligations on countries subject to these arrangements. They have been there for some time, and those countries have negotiated specific details with the European Union. That is not a matter for speculation; it is out there for us all to see.

I am pleased that the Government have, in effect, accepted requests that we made in Committee and on Report in the House of Commons. It is important for voters to be clear about the renegotiation, clear about the results of that renegotiation, clear about what being in the European Union is like and what it requires, and as clear as possible about what being out might look like. A referendum is a choice between two futures, not an opinion poll on only one future, and that is why the amendments are important. It is right for us to have access to reports of this kind, and it is right for the maximum amount of information to be made available to the public on what will be a crucial choice for the country.

[John Redwood]

I put my name to the amendments tabled by my hon. Friend the Member for Stone (Sir William Cash) because I thought that Lords amendments 5 and 6 were ill considered and unwise, and that we needed to debate them for that reason.

Lords amendment 5 is easy to deal with and I have no particular problem with it, because it states the obvious—namely that, when the negotiations have been completed, the British Government should share their view of the outcome of those negotiations with Parliament and the people. Well, of course they will: it will happen naturally. There will be a statement, and I dare say there will be a written text as well. I therefore think that the amendment is an unnecessary addition to what was a simpler Bill before their lordships got hold of it.

Lords amendment 6 is far more worrying, because it is so sloppily drafted and because it leads to all sorts of arguments that are properly arguments for a referendum campaign rather than for good legislation to set up the referendum. The first part of the amendment says that the Government must publish information about the

“rights, and obligations, that arise under European Union law”

from our current membership. As has already been remarked, if that were done properly it would result in a very long book, given that we are now subject to so many legal restrictions and obligations as a result of an extremely voluminous consolidated treaty and thousands of directives. I think that to fulfil that remit properly, the Government would have to set out all the directives, and explain to the British people why there are now very large areas of law and public practice that we in the House of Commons are not free to determine as we see fit and as the people wish. While that might be a useful thing to do, I fear that the Government might fall short because they might not wish to give a comprehensive list of our obligations, and it is not good law to invite people to do things that they do not really intend to do.

I look forward to hearing the Minister clarify whether he will be publishing a full list of the thousands of legal restraints that now operate on this Parliament in preventing us from carrying out the wish of the British people, and also on the British people, who must obey these laws as they are translated into British law, or else obey the directly acting laws. Of course, all these laws, and our own laws, can be construed by European justice through the European Court of Justice, which, rather than this court of Parliament, is now the true sovereign in our country because we have submitted ourselves to the ultimate judgment of the European Court.