European Union Referendum Bill

Peter Bone Excerpts

Tuesday 9th June 2015 Commons Chamber

[Mr Hammond]

As far as I am aware, that is not the case. I note with interest that just this weekend it was reported that Luxembourg, an open and very pro-EU country, has decided not to extend its parliamentary franchise to the very many EU citizens who are resident in Luxembourg.

Although the central issue at stake in the Bill is simple and the three key variables—the date, the franchise and the question—are dealt with in the first two clauses, running a referendum is not straightforward. The remainder of the Bill, which includes 38 pages of schedules, deals with three important but technical areas. First, in clause 4(1) it establishes a power to set the conduct framework that will determine how the referendum will be run. Secondly, in clause 4(2) it creates the power to set more detailed conduct rules and combination rules to determine how the vote would be run alongside other electoral events should the chosen dates coincide with any. Finally, the Bill establishes the detailed campaign rules, updating the Political Parties, Elections and Referendums Act 2000 where necessary, taking into account the lessons of both the Scottish independence and alternative vote referendums and the recommendations made by the Electoral Commission.

The Bill also disapplies section 125 of the 2000 Act, and as this aspect has received some media attention I shall elaborate on the Government’s logic. Section 125 places statutory restrictions on Government publications in the final 28 days before the poll. There are operational and political reasons for disapplying it in this referendum. If left unaltered, section 125 would stop the Government “publishing” material that deals with “any issue raised by” the referendum question. In the context of this referendum, that is unworkable and inappropriate. It is unworkable because the restriction is so broad that preventing publication in relation to any issue raised by the referendum could prevent Ministers from conducting the ordinary day-to-day business of the UK’s dealings with the European Union and inappropriate because the referendum will take place as a result of a clear manifesto commitment and a mandate won at the general election.

That mandate is to renegotiate the terms of the UK’s relationship with the European Union and put them to the people in a referendum. In the light of the outcome of those negotiations, the Government expect to take a position, and if we have been successful, as we expect to be, the Government will want to explain what has been agreed and how the British people’s concerns have been addressed. We will want to make a recommendation on where the national interest lies, and Ministers will want to be able to continue making the case, up to referendum day, without being constrained by fears that, for example, the posting of comments on Twitter accounts could constitute publication.

[Mr Peter Bone (Wellingborough) (Con)]

Is that not what a lot of people are concerned about—that the Government will use the apparatus of state to push a case, rather than letting the two sides have equal and fair access?

[Mr Hammond]

Let me complete my remarks on this section, and then I will come back to my hon. Friend’s point. I hope that I will clarify the matter for him.

Clearly, it will be for the yes and the no campaigns to lead the debate in the weeks preceding the poll. The campaigns will be designated by the Electoral Commission, and will receive a number of benefits, including a public grant and eligibility to make a referendum broadcast and to send a free mailshot to voters. I can assure the House that the Government have no intention of undermining those campaigns, and they do not propose to spend large sums of public money during the purdah period prescribed by section 125 of the Political Parties, Elections and Referendum Act 2000. A vibrant, robust debate in the best traditions of British democracy is in all our interests. If my hon. Friend’s concern is that the Government are thinking of spending public money to deliver doorstep mailshots in the last four weeks of the campaign, I can assure him that the Government have no such intention. The Government will exercise proper restraint to ensure a balanced debate during the campaign.

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[Ian Austin (Dudley North) (Lab)]

Thank you, Madam Deputy Speaker. It is fantastic to see you in the Chair. This has been a brilliant debate with some absolutely superb maiden speeches, so I am delighted to be able to take part in it.

The EU has changed radically since Britain joined, when it amounted to a relationship between a small number of developed countries to promote trade through the creation of a common market. Today’s EU is very different from that: 28 member states with vastly different economies, Governments and social structures; ever-closer political and economic union, with the free movement of labour and a European currency; and other European countries wanting much closer relationships on foreign policy and defence. It has been a controversial question in British politics for decades, and Westminster has not been able to settle it to the public’s satisfaction. That is why I am delighted we are having this debate and very pleased that my party is backing this opportunity to let the British people have their say.

I have been saying for years that a referendum would be the best way to have a proper debate about the decisions that are taken in Brussels or in Britain, and about the jobs that depend on our membership of the EU, so that we can sort out those issues once and for all. But we can only settle the argument if it is carried out in a free, fair and balanced way, and if the public have complete confidence in the process. It is such a significant debate that everyone involved should have a chance to agree on the rules. There should not be any room for either side to say the contest was fixed or fiddled.

First, public funds should not be used to promote one side or the other and the spending rules should be designed to ensure that neither side has an unfair advantage. Secondly, this is such a significant decision that it should take place as soon as possible and be separate from any other election. It is a huge issue of great national importance and the issues need to be considered on their own merits, outside whatever other political issues are being debated in election campaigns at the time. Thirdly, the Prime Minister should have the confidence to give his Ministers the freedom to campaign as they see fit, as Harold Wilson did in 1975.

[Mr Bone]

I congratulate the hon. Gentleman on taking a positive view of the referendum and on having done so in a party that has not always agreed with him. Does he agree, however, that his Front-Bench team should also have the right to debate on both sides of the argument?

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[Mr Peter Bone (Wellingborough) (Con)]

It is a great pleasure to serve under your chairmanship for the first time, Madam Deputy Speaker. It is also a great pleasure to follow the hon. Member for Fermanagh and South Tyrone (Tom Elliott), who made a very good, traditional maiden speech, but in addition touched on the important subject of justice for victims in Northern Ireland. If he speaks in that way in the House in future, he will be listened to on every occasion.

I also thank the other Members on both sides of the House who have made their maiden speeches, especially my hon. Friend the Member for Sutton and Cheam (Paul Scully), and of course my hon. Friend the Member for Havant (Alan Mak) who made such a powerful speech just a short while ago.

The EU referendum is now taken for granted. It appears that almost every Member will vote for it tonight if there is a Division. [Interruption.] Yes, of course, except for the principled Scottish Nationalists, who hopefully will divide the House so we can show what immense support there is for the European Union Referendum Bill.

[Tommy Sheppard (Edinburgh East) (SNP)]

I ask the hon. Gentleman to reflect that the appetite for this referendum is not the same in all parts of these islands. At the recent general election there were parties who advocated a referendum and parties who advocated not having a referendum. Over 80% of the people in Scotland voted for parties that did not want a referendum, and according to most of the opinion polls the great majority of Scottish people are content to be Europeans and with their relationship with the EU. I presume the hon. Gentleman does not support the amendment, so what is going to happen—

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[Madam Deputy Speaker]

Order. The hon. Gentleman’s contribution is an intervention, not a speech. When the Chair is standing, you sit down. That is a very long intervention and we are very tight for time. Thank you. I call Peter Bone.

[Mr Bone]

Thank you, Madam Deputy Speaker.

I take on board the hon. Gentleman’s intervention and he makes a fair point, but I do not think SNP Members are here in numbers because they oppose the EU referendum Bill. I think they might be here for other reasons. Also, as a democrat, I am sure the hon. Gentleman was pretty pleased about the referendum that happened in Scotland, although he might not have liked the way the Scottish people voted.

If I had stood up here three years ago and suggested this House was about to vote for an EU referendum Bill, I would have been laughed at. Every party was against it. The coalition Government were against it, the Labour party was against it; it was just never going to happen. That proves that this House and MPs can change things. The people were ahead of Parliament. They wanted their say on whether we should be in or out of the European Union. We have seen how Parliament slowly changed its position and how the excellent Minister for Europe, my right hon. Friend the Member for Aylesbury (Mr Lidington), has been on the same journey—I am sure I shall be cheering his speech tonight, as I was booing it three years ago. People say that this House and MPs do not matter and that everything is done by Government and by people sitting on sofas in No. 10, but that is simply not true. Another party, the UK Independence party, might have been born out of this, but I do not think that that is what changed things—it was Members of this House.

I remember that, under your chairmanship, Madam Deputy Speaker, the Backbench Business Committee—the first time that Back Benchers could schedule business in this House—put on a debate about whether we should have a referendum. The Government tried to manipulate things and brought the debate forward from the Thursday for which it was originally scheduled to the Monday. MPs went home on Friday night and talked to their constituents, local members and party chairmen—they thought about the issue—and when we came back on the Monday, we had the debate and I had the great pleasure of winding it up. Yes, the vote was lost, but 80-odd Conservative MPs opposed the three-line Whip.

[Sir Edward Leigh (Gainsborough) (Con)]

Let us not be too horrible to our colleagues who disagree with us or to the Labour party, which changed its mind. After all, those who arrive last at the vineyard are equally to be valued.

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[Mr Bone]

My hon. Friend is far too kind, as always, but I was not making a point about any individual Members. My point, to all Members sitting here, is that if we really care and campaign about something—as the hon. Member for Dudley North (Ian Austin) has done consistently —we can get there in the end. We should never be scared to stand up and be in the minority, because after a while the minority often becomes the majority.

[Jim Shannon (Strangford) (DUP)]

Does the hon. Gentleman welcome the fact that all UK nationals, including those in Gibraltar, will have a vote on this issue? We in Northern Ireland want to see it happen so that we, too, can make our choice. The only thing that I am a wee bit perturbed about is that we would prefer the referendum to be held earlier, rather than later. Does he agree that we should have it as soon as possible?

[Mr Bone]

This is a Second Reading debate, so I want to support the principle of what is happening and to celebrate the fact that we will have the in/out referendum. However, the hon. Gentleman raises an issue that slightly concerns me, which, it will be no surprise to learn, is the timetabling of the Bill’s Committee stage.

The Bill is a constitutional one so, rightly, the Committee stage will be held on the Floor of the House. Today, immediately after Second Reading, we will vote on the programme motion, which we are not allowed to debate at that point, although by tradition we may refer to it on Second Reading. My concern about the timetabling is that the Bill is scheduled to be in Committee in the House for two days, which will be Tuesday and Thursday of next week. The programme motion states that the first set of clauses will be debated for four hours after the commencement of the Bill in Committee. We know what happens, however, especially on a Thursday—there will be business questions after normal Question Time, and that is two hours used up. If there is then a statement and an Urgent Question, although we will have been able to debate the first group for four hours, we will have no time at all to discuss the last group.

Before we have the business statement on Thursday, will the Minister ask the business managers whether they can change the programme motion so that, instead of the debate on the second group of new clauses finishing at the moment of interruption, it can go on for as long as necessary? This is an important constitutional Bill, and we should not be in a position of having only about 10 minutes to debate certain new clauses. That happened too often in the old Parliament. If we could just remove from the programme motion those two little bits that would cause the Committee stage to fall at the moment of interruption, it would help the democratic process a lot. Many people have said today, whatever side of the argument they are on, that they want a fair and proper referendum. I absolutely agree with that, and if the House has the ability to consider properly what is going to be in the Bill and what is going to happen in the referendum, we will be all the better for it. This is the one point that I ask the Minister to look at.