Chilcot Inquiry and Parliamentary Accountability

Debate between Pat McFadden and Alex Salmond

Wednesday 30th November 2016 Commons Chamber

[Mr McFadden]

I could not agree more with my hon. Friend. I believe that there is a new imperialism afoot, which seeks to trace everything to western decisions to intervene or not intervene. Until we understand that violent Islamist jihadism has an ideology of its own, we will never be able properly to confront it, let alone overcome it. We have to understand that, despite our history, it is not always about us.

[Alex Salmond]

Will the right hon. Gentleman give way?

[Mr McFadden]

I have already given way twice.

The controversy over the Iraq war and its aftermath has coloured every decision this Parliament has made on military intervention since—most notably, the vote in August 2013 not to take military action in Syria, following President Assad’s use of chemical weapons against his own people. Who can say for sure what the consequences of that vote were, but we have a duty—do we not?—to reflect on them as we watch Aleppo being blown to bits night after night on our television screens. We can tell ourselves that because we did not intervene in 2013, we do not bear responsibility for it, but that is of little comfort to the children of Aleppo, as the bombs rain down on their heads in a horror seemingly without end. There will not be a Chilcot report on Syria because we did not take the decision to intervene, but are the consequences for the victims any less real?

There are certainly lessons to learn from the experience of Iraq and Syria, but they lie not in the sort of detective hunt based on false accusations of lying set out in the motion, but in asking ourselves serious questions about when we should intervene and when we should not and how we live up to the responsibilities that come from intervention. Perhaps most seriously of all, is it really a morally better position never to intervene if the consequences are encouragement for dictators and no defence for their civilian victims?

In the aftermath of the Chilcot report—we have heard a lot about it in today’s debate—there will be a process to learn lessons. Committees will be formed; processes will be changed; the National Security Council might be changed in one way or another— and it might do some good, because we need the best processes that we can, but this is not the heart of the matter. Nothing—no process; no Committee; no Council—will remove the responsibility of a Prime Minister and of MPs to make a judgment on military intervention. In the end, it is a judgment. That is what leadership is all about.

European Union Referendum Bill

Debate between Pat McFadden and Alex Salmond

Monday 7th September 2015 Commons Chamber

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

I thank the Minister for outlining the Government’s approach—at some length.

Since the Bill’s publication, there has been a great deal of debate about the purdah provisions, and specifically about the proposal in paragraph 26 of schedule 1 to strike out the purdah regime set out in the Political Parties, Elections and Referendums Act 2000. There has been a great deal of comment about the Government’s motivations. The accusation has been made that they want to load the dice, and to set up a regime for the conduct of the referendum that would stack the odds in favour of one side, or would allow Ministers to abuse the power of their positions.

Having watched the debate unfold, not just this evening but since the Bill’s publication, I suspect that, from the Government’s point of view, this may be something of an accidental fight. This has the feel of a Bill that was drawn up quickly on the back of the election result, with some advice adopted about what purdah might or might not mean, but without that advice being explored and tested as intensely as it might have been in other circumstances. It looks as though the self-imposed imperative of moving immediately after the Queen’s Speech may have taken over from the task of bottoming the Bill out.

I am not sure whether, when Ministers drew up the Bill, they expected the purdah provision to generate this amount of heat. I rather suspect that they did not, but having included the provision in the Bill, they have had to justify it. As we have heard from the Minister this evening, their justification has been twofold. The first justification is that section 125 of the 2000 Act is so widely drawn that it would paralyse much of the Government’s work on the EU referendum, in a way that would not be the case with a referendum on another subject. The second is that the Government want to take a view, express that view, and, in some way, use Government resources—such as civil servants, special advisers or Government websites—to do so.

We listened carefully to the arguments advanced on Second Reading and in Committee. Our proposals are set out in new clauses 5 and 6, and in amendment 4. Taken collectively, those proposals would leave the purdah regime in place, but there would also be a mechanism for seeking exceptions to it through regulations that would have to be approved by Parliament. That would have several effects. It would put Parliament in the driving seat when it came to deciding whether the Government had a case for exceptions to purdah and testing some of the arguments that the Minister has just set out; it would act as a safeguard against the suggestion that the referendum was being run in an unfair way, if Parliament were tasked with approving the regulations; and, as I have said, it would provide a mechanism for testing the proposition that “business as usual” Government announcements—for example, responses to urgent situations or important decisions made at the European Council— would inadvertently be caught by the purdah regime. We believe that this approach—reinstating purdah, but allowing a mechanism via regulations for exceptions to it—is a sensible way to proceed.

[Alex Salmond]

The Minister suggested that the Opposition had forgotten the devolved Administrations in their amendments and new clauses. Will the right hon. Gentleman answer that point?

[Mr McFadden]

Our intention in all these amendments was to reinstate purdah as set out in section 125, but to set out the mechanism in regulations. If those regulations need to cover the devolved Administrations, they can of course do that.

The Government’s response to the issues raised is set out in new clause 10 and amendment 53, and I would like to spend a few minutes on those. Government new clause 10 accepts our argument about having an exceptions-to-purdah mechanism through regulations approved by Parliament. Indeed, as the Minister set out, there is a great deal of overlap between Government new clause 10 and our new clause 6, but Government new clause 10 has the added dimension of the requirement to consult the Electoral Commission, something asked for by the Public Administration Committee in the correspondence from July. We believe this is a sensible addition and therefore have no objection to new clause 10; nor do we object to the amendment, which the Government have accepted, tabled by the hon. Member for Harwich and North Essex (Mr Jenkin) about the timescale for this.

However, as with much of this debate, amendments and new clauses need to be seen in conjunction with other amendments, in this case Government amendment 53, which makes alterations to the definition of purdah. We do not believe the Government have made a convincing case for those alterations. It is unclear whether the amendment is intended to deal with the business-as-usual issues that the Government have spoken of as being a particular problem, or whether it goes much further in the alteration of the purdah regime. Perhaps more importantly, given the wide redrawing of the purdah rules in this amendment, if it is passed it is not clear whether there will be any need at all for the kind of exceptions regime set out in new clauses 10 and 6. We feel that would give the Government too much scope to act without further parliamentary debate and approval, and we will therefore not support Government amendment 53. To complete the picture of our attitude on these amendments, I should say that we intend to press our amendment 4 to a vote. We will support Government new clause 10, we will oppose amendment 53, and we will support our amendment 4.

European Union Referendum Bill

Debate between Pat McFadden and Alex Salmond

Tuesday 16th June 2015 Commons Chamber

[Mr McFadden]

The point is that right across the piece— whether trade, university research or farming and agriculture —there is a strong case for each Department producing a report on the implications of exit, as amendment 5 calls for.

Amendment 6 deals with the Bank of England assessment. As we know, the Bank is independent, but we also know, thanks to a stray finger that sent an email to a journalist rather than a Bank staff member, that the Bank has begun work on Project Bookend, its own internal assessment of the consequences of a British exit. As my hon. Friend the Member for Nottingham East (Chris Leslie), the shadow Chancellor, said a few weeks ago, we would expect the Bank to carry out an assessment, but there would be significant public interest in it, so the amendment asks that the Government publish it if they receive it from the Bank.

[Alex Salmond]

The right hon. Gentleman is absolutely correct that the Bank of England is independent—in my estimation, it is one of the relatively few public authorities in the UK that keeps to that independence—but that creates a difficulty. If the Bank were to make an assessment coming down heavily in favour of the UK remaining part of the EU and warning of alarming consequences if it left, but the electorate voted the other way, the Bank would be left trying to deny its own previous warnings about the credibility of the currency and a range of other things. Its independence gives it a difficulty in making predictions.

[Mr McFadden]

I am afraid I disagree with the right hon. Gentleman. It is not surprising that the Bank is carrying out an assessment, but now that that is known, it will be difficult for the Bank to keep it quiet, and the demands for it to be published will grow.

Amendment 54 deals with purdah. Since the Bill’s publication, there has been a great deal of debate about this issue and its application to the referendum. As has been said, the history goes back to the Political Parties, Elections and Referendums Act 2000. Purdah applied during the referendum on the alternative vote in 2011 and the referendum on Scottish independence last year. The Bill proposes to suspend this provision, which means there would be no purdah period and no restriction on what Ministers can produce or say during the referendum period. When my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) questioned the Prime Minister about this last week, he said there were two justifications for taking the course proposed.

--- Later in debate ---

[Mr McFadden]

As my right hon. Friend the Member for Leeds Central said on Second Reading, we do not object to the Government’s taking a view, but we want to see a fair referendum.

Will the Government agree to publish a report, a document or a code of conduct, or to provide the clarity that we seek in some other way? If so, what form will that information take? Will it set out clearly what kind of reports or statements the Government think they may need to make? What assurances will the Minister be able to give us about the use of taxpayer funds, beyond the funds that are channelled to the official yes and no campaigns in the normal way, through the Electoral Commission?

[Alex Salmond]

Why does the right hon. Gentleman not propose to support an amendment that would reintroduce the very protections that his own party introduced back in the year 2000?

[Mr McFadden]

I am speaking to my own amendment, which calls for clarity on the Government’s intentions.

There is an important relationship between the issue of purdah and the amendments relating to whether the referendum can be combined with other elections. The Government have tabled amendment 55, which rules out a referendum in May next year but leaves open the possibility of combining it with other polls in the future. If that were to happen, would purdah not operate in the case of both the referendum and the other elections, or would it be suspended for the European referendum while operating for the purpose of other elections taking place on the same day? I believe that, when Members start to think about those questions, they will realise that the Government did not think them out fully, and that the issues of purdah and the date on which the referendum is held—and, specifically, the issue of whether it will be held as a stand-alone poll—are linked.

Let me now say a few words about amendment 16, which was moved by the right hon. Member for Gordon (Alex Salmond). As the right hon. Gentleman said, the amendment requires a majority vote for a British exit from the European Union not only in the United Kingdom as a whole, but in each of its constituent nations.

The United Kingdom joined the European Community, as it then was, as a single member state. Of course there will be different votes in different parts of the country, but we believe that we remain one member state, and that we should make this decision as one member state. Elections and referendums in this country are based on the principle of a majority of one. The Bill proposes not four separate referendums, but one referendum throughout the UK. For that reason, we will not support amendment 16.