Referendums

Peter Grant Excerpts

Monday 29th February 2016 Commons Chamber

[Mr Lidington]

Of course, the purdah rules vary depending on the nature of the election concerned. The purdah rules for devolved elections limit what Government agencies can say and do in respect of devolved matters. We are talking about the question whether the United Kingdom should be in or out of the European Union, and that is, without any doubt whatsoever, a reserved competence in respect of all three devolution settlements.

[Peter Grant (Glenrothes) (SNP)]

The Minister is trying manfully but, dare I say it, completely unsuccessfully to explain what consideration the Government have given to the strong representations they have had from the elected Governments of 75% of the equal partners in this Union. I appreciate that he does not have time to do so now, but will he undertake to make sure that full details of the Government’s consideration of that letter are placed in the Library of the House as soon as possible after the debate?

[Mr Lidington]

We took account of that letter. We also took careful account of the specific request from the official foreign affairs spokesman of the Scottish National party, the right hon. Member for Gordon, during Foreign Office questions on 12 January for an assurance that the date of the referendum would be

“at least six weeks after the date of the Scottish, Welsh and Northern Irish elections”.—[Official Report, 12 January 2016; Vol. 604, c. 683.]

That request made by the right hon. Gentleman—I presume on behalf of his party, for which he was speaking at Foreign Office questions—has been met, and has been met in full.

The Electoral Commission has confirmed that it is content with the Government’s proposals and has said that, in its view, arrangements for a well-run referendum are now well advanced. The statutory instrument has been considered by both the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee. Both have considered the statutory instrument, and neither found any cause for concern.

I turn now to the other aspects of the regulations. They are very much in line with the framework set up by the European Union Referendum Act 2015, so I shall be brief. As well as setting the date, the regulations do three things. First, they set the start date for the designation process. That is the process by which the Electoral Commission appoints lead campaigners on one or both sides. We have followed the Political Parties, Elections and Referendums Act 2000 and allowed a full six weeks. That will give campaigners a four-week window to finalise and submit their applications, after which the Electoral Commission will have up to two weeks to decide which, if any, applicants to designate as the lead for each side. Let me be absolutely clear, to avoid misunderstanding. The regulations do not tell the Electoral Commission how to make its decision. That decision is entirely impartial, and the test the Electoral Commission must apply when making its decision is set out in the Political Parties, Elections and Referendums Act, as modified by the European Union Referendum Act. All the regulations do is set the start of the process as 4 March, while the rest of the timetable, finishing on 14 April at the latest, was set by the 2000 Act.

--- Later in debate ---

[Peter Grant (Glenrothes) (SNP)]

May I start by referring Members, particularly the last speaker, to the comments made by the First Minister this morning? She made it perfectly clear that it is not her preferred outcome that Scotland should leave the Union simply to prevent ourselves from being dragged out of the European Union. She said that she wants the United Kingdom to deliver a resounding yes vote to the European Union. I cannot see that happening if the UK-based yes campaign continues to behave in this way.

This afternoon, we have seen the reality behind the Government’s respect rhetoric. Despite the promises that we have been given time and again, and as recently as a few weeks ago in this Chamber, the views of the elected Governments of three of the four equal partners in this Union are being ignored and trampled underfoot by the fourth partner. That comes as no surprise to us in Scotland, because the Government made it perfectly clear that, regardless of what the sovereign people of Scotland say about our membership of the European Union, others can overturn that simply by sheer weight of numbers.

One very interesting confession today is that the Labour party shares the Conservative party’s contempt for the sovereign will of the Scottish people. If the Labour branch office leader in Scotland had not conceded defeat in the Holyrood elections last week, I strongly suspect that she would have done so very quickly had she heard the comments of the hon. Member for North West Durham (Pat Glass) just a few moments ago.

The elected national leaders of Scotland, Wales and Northern Ireland have all said that the democratic processes in their three countries are likely to be flawed if this statutory instrument is agreed tonight. In Northern Ireland, we even saw the Sinn Féin Deputy First Minister add his name to a letter from the Democratic Unionist party First Minister. Those are two politicians who, for a number of reasons, do not agree on very many things. How much wider a coalition of opposition to this proposal do the Government need to see before they accept that, in this case, sheer weight of numbers is not enough to crack an argument? They must listen, which is what they promised the devolved Governments that they would do.

[Sir William Cash]

I am most grateful to the hon. Gentleman for giving way, especially as he is a member of the European Scrutiny Committee, of which I have the honour to be chair. Does he agree that a democratic question lies at the heart of this matter? If there is information on which the voter is expected to make his decision, as was the case with the Scottish situation a few years ago, the bottom line is that, without genuine and properly sourced information and proper time, the British people will effectively be cheated?

[Peter Grant]

I do not think that a referendum date of 23 June gives adequate time for the complex issues to be considered. This is the time to be discussing not those issues, but the procedural motion before us so that we can decide on the date. I am up for a positive and, if necessary, heated discussion as to why it is in the interests of all of our nations to remain part of the European Union.

In the interests of time, I will not repeat all the arguments that have been marshalled on the Opposition Benches and, sometimes, on the Government Benches against the proposal deliberately to overlap the referendum campaign with elections in which more than 20 million of our citizens will take part on the first Thursday in May. Let us look quickly at some of the consequences. As has been mentioned, 10 weeks before the referendum—in the middle of April—the Government’s response to the EU negotiations has to be published, including a statement, which we now know will say that the Government believe that people should vote to stay in the European Union. The Scottish Government will be in purdah for a full three weeks after that. Are the UK Government seriously suggesting that it is acceptable for the Prime Minister to issue an official document saying that the United Kingdom should stay in the European Union, while not allowing the Scottish Government to say that they agree because they are in purdah? Saying that they agree will inevitably be seen as seeking to influence the votes in the Scottish parliamentary elections away from the parties that will stand on an anti-European Union ticket—make no mistake about it.

There used to be an agreement that the UK and Scottish Governments would fully respect one another’s purdah arrangements. If this statutory instrument is agreed today, that agreement is gone, and it may well be gone forever. Any attempt to pretend that this Government respect the democratic legitimacy of the Scottish Government will go out the window with it.

People will receive the UK Government’s document on the referendum at the same time, and possibly on exactly the same day, as they receive the polling cards or the postal vote applications for a completely different election. The problem is not just that the elections are held close together—in some ways, administratively, it is simpler if two polls are held on the same day, but it becomes more difficult if the nature of the question is different for those polls. In this case, every single part of the election administration process, which is immensely complicated and which our returning officers and our counting officers cannot afford to get wrong, will be happening twice, a few weeks apart. We will have the ridiculous situation of people being encouraged to register to vote in one election before they have to turn up at the polling station to vote in the other.

The newly elected national Governments will find themselves back in purdah fewer than three weeks after the parliamentary elections. As has been pointed out, it is quite possible that, if there is a very keenly contested election in any of the three nations, the First Minister of one or of all three nations might not be elected until the Government are back in purdah. We then have a newly formed Government who are restricted in their ability to launch their legislative programme in case some of it is affected by the result of the referendum. That is not sheer speculation, but fact. For example, how can a new Scottish Government announce a five-year spending plan if they do not know whether European Union procurement rules will continue for over half of that five-year period? How can a Government put forward a legislative programme on such crucial areas as fisheries, agriculture, public procurement, investment and tourism if they do not know, and are not allowed to speculate on, whether they will still be a part of the European Union a couple of years later. If this is what the Government describe as being respectful, I shudder to think what contempt for the Scottish Government would look like. The Minister claimed that the EU referendum purdah is different from a parliamentary election purdah. Technically, it is, but so many subject matters will be covered by both that in fact, in practice, the elected Governments will be in purdah as regards a significant range of their devolved powers.

The Government are trying to suggest that a referendum in September will not work, but if a major test of the success of any electoral process is public engagement and public participation, I have to remind the House that a September vote produced the most successful test of electoral opinion that any of these nations have ever seen, whether we measure it by the number of people who took part, the number of people who registered or the number of people who voted. I would much rather see 98% of people registering to vote and 85% of people voting than the low numbers we might get in a snap election.

I am ready for the debate to begin. I honestly believe that a date of 23 June makes it more likely that the United Kingdom will vote to stay in. Despite that, I do not want to see the UK voting on a flawed referendum and in a flawed process. I would much rather see a referendum in which everybody participates and for that reason, it cannot be held as soon as 23 June.

Question put.