European Union Referendum Bill

Philip Davies Excerpts

Monday 7th September 2015 Commons Chamber

[Mr Lidington]

I am saying that the European Union is a constant process of negotiation on a whole range of issues involving Ministers and officials from many different Departments. In the course of that work to champion our national interests, Ministers and their officials have to produce materials that I believe could be classed, under section 125, as published material and material the content of which would deal with an issue raised by the referendum question. As well as covering a wide range of content, the 2000 Act gives a very broad definition of the term “publish”. It defines it as making it

“available to the public at large, or any section of the public, in whatever form and by whatever means”.

That would therefore cover printed material and electronic communications.

[Philip Davies (Shipley) (Con)]

Will the Minister give way?

[Mr Lidington]

Yes, I will, but I am conscious that other Members want to speak.

[Philip Davies]

May I give the Minister an example of what I fear? What I envisage is if, two weeks before the date of the referendum, the leave campaign is 10 points ahead in the poll—I hope it will be further ahead, but for argument’s sake let us just say it will be 10 points ahead—I am not sure that the Minister’s amendment will deal with the prospect of the Government, the European Commission and the German Chancellor all in a mad panic, like the clumsy intervention in the Scottish vow, standing up and saying, “We hear what you are saying and if you vote to stay in we promise to address some of these issues.” Will the Minister give a commitment now that the Government will not engage in that kind of activity?

[Mr Lidington]

What my hon. Friend describes would not be permitted under the amendment.

Let me give some examples of the types of business I believe would be caught under section 125. We often table minute statements during Council meetings, for example to set out the UK position on the limits of powers conferred on the EU under the treaty. They are an important point of reference to have on the record, and we make them public and publish them. We circulate papers to other Governments and to the institutions to advocate particular policy outcomes. We did that with some success recently in relation to the digital single market. If appropriate, we would want to do that with other EU business if it happened to fall within the final 28 days of the campaign.

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[Alex Salmond]

Yes, indeed it was, but we are discussing the 28-day purdah period at the moment. It has been suggested to me by a knowledgeable European that President Barroso, as he then was, harboured ambitions to be the Secretary-General of NATO and was hoping for support from Ministers—perhaps not those in the Chamber tonight, but those who are none the less not too far from us. Who knows why President Barroso made those interventions, but they were not made during the 28-day purdah period.

The cautionary aspect of this tale is that that purdah period, enacted in legislation, bound the Scottish Government and their agencies and public bodies in Scotland but it did not bind the United Kingdom Government. The UK Government were bound not by statute but by the Edinburgh agreement of 15 October 2012. That was what we used to call a gentleman’s agreement; it had no statutory basis. Paragraph 29 of that agreement stated:

“The Scottish Government will set out details of restricted behaviour for Scottish Ministers and devolved public bodies in the Referendum Bill to be introduced into the Scottish Parliament. These details will be based on the restrictions set out in PPERA. The UK Government has committed to act according to the same PPERA-based rules during the 28-day period.”

Now, I do not think that they did that. I do not think that most reasonable Members of this House believe that that is what was done. I will give two examples from among the many that I could use.

The first is, I admit, arguable, but it has already been raised on the Conservative Back Benches. It relates to the production of the vow when there were 10 days of campaigning left. The vow was described by the Chancellor of the Exchequer on “The Andrew Marr Show” on 7 September 2014 in this way:

“You will see in the next few days a plan of action to give more powers to Scotland, more tax powers, more spending powers, more powers over the welfare state.”

One of the arguments in favour of purdah is that the arguments should be laid out and set before the campaign period, and that during the campaign the politicians can debate them and the people can participate in the debate—as they did in huge numbers in Scotland—and make up their minds. It is not meant to be a period during which politicians can say, “Here’s a fresh initiative that we forgot to mention earlier.”

A comparison could be made with the European referendum if, for example, what used to be called the no side were to take the lead, unexpectedly perhaps, with 10 days to go and the German Chancellor or the President of the Republic of France were to suspend Question Time in the Bundestag or the National Assembly, get on a plane and rush across to say that the Prime Minister’s renegotiations of our position had suddenly found more favour with them than had previously been the case.

I accept that this point is arguable. Others could argue that the vow was not really a Government announcement from the Chancellor of the Exchequer, and that he was just speaking off his own bat as a politician. I am not sure that that is a good argument, but it is certainly a cautionary tale.

[Philip Davies]

I always enjoy hearing what the right hon. Gentleman has to say, because he speaks so well and is very persuasive. I should like to put on record that I share his view that the vow made during the independence referendum was completely unacceptable. It was a panic measure that was clearly introduced by the Government, and I envisage exactly the same thing happening in an EU referendum, given the same circumstances.

[Alex Salmond]

I welcome the hon. Gentleman’s intervention. I would have welcomed it even more if he had made it exactly a year ago. I could then have publicised his scepticism about his Government’s motives.

The second example that I shall give the House is, in my view, beyond argument. The purdah period is meant to cover not only Government Ministers but civil servants. Their involvement is arguably defensible throughout the run-up to a referendum. I disagree with the Select Committee on this point; I believe that civil servants should be able to act on behalf of the elected Government of the day. However, during the purdah period, they are not meant to take a position on the matter that has been put in front of the people. I want to make a point about the referendum unit in Her Majesty’s Treasury, which was described by the permanent secretary to the Treasury earlier this year as a “Unionist institution”. The clue is in the name: Her Majesty’s Treasury. This ignores the fact that the monarchy in its present state was formed a century before the treaty of Union, which was under debate. The referendum unit in the Treasury continued its activities throughout the referendum campaign.

I have an email here showing the briefing from Treasury sources that was going on a week before the referendum. The email was sent to the BBC by a civil servant in the referendum unit of Her Majesty’s Treasury—that Unionist institution—and it was designed to influence the conduct of the referendum, one week before the vote. That seems to be a glaring example of what would have been a breach of the purdah regulations, had they been placed in statute rather than simply in the terms of the Edinburgh agreement.

That is why I turn to our amendment 11. The Minister told us earlier that he did not want to be in a position where legal challenges were flying here, there and everywhere, as that would be an impossible position for the Government to be in. The way to avoid that is not by dismissing the regulations, but by having a system for enforcing the regulations—one that does not rely on injunctions, interdicts or legal cases, but one within the regulations that is properly respected. The hon. Member for North Down (Lady Hermon) made the point in an earlier intervention about the Electoral Commission. The way to avoid a recurrence of what happened in the Scottish referendum and to dispel the notion that the Government over these past four months have been trying to pull a fast one on purdah, which is the overwhelming view across this Chamber at this moment, is by having an enforcement mechanism within the regulations on purdah. That could be done via the Electoral Commission, as the hon. Lady suggested, or via a committee of Privy Counsellors—ever since I became one I have become much friendlier to the idea of a committee of Privy Counsellors. There needs to be some respected body to which possible breaches of purdah can be reported, and these can be investigated and then enforced.

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[John Redwood]

I never said that there is a conspiracy, and I have not suggested that there is one figure in the BBC who holds that view; I think that most people in the BBC hold that view, and I think that it is quite spontaneous. I think that in some cases they are not even aware that they are doing it. I note that many Members, including on the Opposition Benches, are nodding their heads wisely. They, too, have heard such interviews. It now seems almost a statutory requirement in what should be interviews on general business subjects to regard those people as having a unique insight into our future in the European Union, ascribing to them supernatural powers that apparently the millions of other voters in the country do not share, asking them to dictate the future. I think that the referendum is a democratic process and that everyone’s vote is of equal weight and value. It is a conversation for the whole country. I am not against business people joining in, because I am a democrat, and they have voices; I just think that it is a bit odd that our leading broadcaster wants to turn every business interview into a political interview.

[Philip Davies]

I am charitable to the BBC and do not think that it sets out to be biased in its coverage. The problem—I am not entirely sure how my right hon. Friend will tackle this point—is that it sets out to talk only to people from the same metropolitan set, and they all have the same opinions. The people in the BBC need to get out more and discover that across the country there are opinions different from those of that narrow band of people. How does he think they can address that? It is not conscious bias; they just need to get out more.

[John Redwood]

My hon. Friend make his comments in his own inimitable way. That is not quite what I was trying to say, or how I was going to say it, but this is a free country and it is wonderful to hear him contribute to the debate.

I am just trying, in the brief few moments that you have kindly allowed me, Mr Speaker, to extend the conversation from this great Chamber to the BBC and to say to it, “We all want you to be part of this big family conversation in the run-up to the referendum, but you have a unique responsibility, because you are charged with independence, fairness and balance. We trust that you will be especially careful, because many people have very passionate views on both sides of the argument, and that always creates more tensions and difficulties for broadcasters.”

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[John Redwood]

Of course coming out of the EU will have an impact on the conduct of the public sector in Britain, as well as on the private sector. It will change who makes the laws and how the budgets are run, for example. If we did not have to send £11 billion a year to the EU to be spent elsewhere, we would have more scope to have better social work and tax cuts in the United Kingdom. I think that would be extremely good news. Why are public service workers not asked whether they would rather see some of that money spent on their preferred public service than sent to be spent elsewhere in the European Union? That line of questioning would be just as interesting as the one trotted out each time for business people: “Will your business come to an end if the British people dare to vote for democracy?”

[Philip Davies]

Is not the point that the BBC tries to show that every business wants to remain in the European Union, when the fact is that many businesses want to leave the EU? The BBC always seems to be able to find businesses that want to stay in, but never seems to be able to look at the website of Business for Britain, which has more than 1,000 businesses that are quite happy to be outside the European Union.

[John Redwood]

That is a good point. The other constitutional point I would make about businesses is that in an entrepreneurial business where the entrepreneur-owner-manager owns 51% or more of the shares, of course they speak for business, so if they say, “I want to stay in,” or, “I want us to pull out,” that is not only their view but the view of the whole business. I can understand that and it is very interesting, but quite often the people being interviewed are executives with very few shares in very large companies, who have not cleared their view through a shareholder meeting or some other constitutional process. The BBC wishes to give the impression that that is the view of all the members of the company, whereas in fact it is just the opinion of an executive. It is interesting, and the executive may be quite powerful, but he does not necessarily speak for the company, and that is never stressed in the exchanges.

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[Mr McFadden]

This is a very broad debate, covering a number of issues. I want to set out our views on the amendments that we have tabled.

Amendment 17 and associated amendments 18 and 19 deal with the ability of 16 and 17-year-olds to vote in the referendum. I do not propose to go over all the territory covered in Committee about 16 and 17-year-olds having the vote, but I want to make one or two specific points about why it is important for this referendum.

The referendum will be a major constitutional decision that will have a bearing on Britain’s future for decades to come. None of us expects it to be a regular event like local elections, elections to Assemblies, or elections to this House. It has been 40 years since the last such referendum and such a vote on our constitutional future is a once-in-a-generation decision. The result will affect every young person in the UK for decades to come. At the moment, British citizens have the right to live, work and study in any EU member state. One of the main motivations—if not the main motivation—for those seeking to leave the European Union is to end the principle of free movement of people and to impose stricter controls on immigration. In the context of our leaving and restrictions coming into play, it is hard to see how such a move would not be reciprocated towards our own citizens and their ability to live, work and study in the remaining European Union. The rights, opportunities and freedoms of young people for decades to come are very much on the ballot paper in this referendum.

[Philip Davies]

The right hon. Gentleman seems to be arguing that 16 and 17-year-olds should have a vote because the referendum will impact on young people for decades to come. It will presumably also have a massive impact on my 12 and 10-year-old sons. By the same logic, he will be arguing that they should have a vote, too. Why should the vote be extended just to 16 and 17-year-olds? He seems to be arguing for complete nonsense.

[Mr McFadden]

The argument has the benefit of not only principle, but recent experience. While I do not share the view of every member of the Scottish National party about all the virtues of last year’s referendum, extending the vote to 16 and 17-year-olds worked well. No one on either side of the debate in that referendum would argue that 16 and 17-year-olds did not understand the issues, engage in the debate and carry out their vote, whether for yes or for no, in a responsible manner. For those reasons, we believe that the vote in this referendum should be extended to 16 and 17-year-olds, and that there are specific reasons for doing so on such a long-term constitutional decision such as this which go above and beyond the general debate about the voting age.

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[Mr McFadden]

I look forward to the hon. Gentleman’s speech, but it will take more than a letter from the Secretary of State to the BBC to convince us that some kind of broadcasting referee is needed to adjudicate in this process.

[Philip Davies]

I am slightly confused by what the right hon. Gentleman is saying. He seems to be saying that there should be no adjudicator of the BBC’s impartiality. There already is one: it is called the BBC Trust. Is he saying that the BBC Trust should be abolished and that nobody should oversee the BBC’s output? He said that there should be no referee, but there is a referee. Is he saying that that should no longer be the case and that there should be a free-for-all at the BBC?

[Mr McFadden]

The fact that there are processes in place proves, rather than negates, my point. We have trusted broadcasters in this country and I do not agree with trying to intimidate them in any of these referendums. They should be allowed to do their job.

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That is absolutely axiomatic. As I said during an earlier debate this afternoon, this is not a debate about Conservatives versus Labour, SNP, Liberal Democrats and others. It is about the question “Do you want to remain in the European Union, or do you want to leave?” That is a national issue. The BBC’s charter must guarantee that it will conduct a proper and fair analysis, ask the right questions, and carry out the research properly. It must also guarantee that the BBC will ask the right people on to the programmes, and ensure that they are given an opportunity to answer the questions properly.

[Philip Davies]

My hon. Friend rather glossed over the Wilson report, but it is important for us to remind people what Lord Wilson said. He said:

“While we have found no evidence of deliberate bias in BBC coverage of EU matters, we have found that there is a widespread perception that it suffers from certain forms of cultural and unintentional bias…The problem is complex. In essence it seems to be the result of a combination of factors including an institutional mindset”

and a lack of knowledge about the European Union. He also said:

“The BBC needs to take more care in the selection of interviewees.”

Does my hon. Friend agree that all the problems that Lord Wilson identified about the BBC coverage, whose existence the BBC itself accepted, are still there today?

[Sir William Cash]

There is a case, which my right hon. Friend the Member for Wokingham (John Redwood) touched on earlier, relating to the business news. In its report, our Committee referred to the business section which comes on at about six o’clock in the morning, and to what I hope will not continue to be a stream of people putting forward the pro-EU case. Given that the charter itself is under review and a consultation period is in operation, we look to the Secretary of State to ensure that the opportunity is taken to address this question as part of the review, and that includes addressing the question of public purposes.

The basis on which a chartered body operates is by reference to the objects of the charter, and those public purposes do not specifically include the impartial delivery of commentaries and news. The question of the charter is linked to the guidelines, and the guidelines are rather like a statutory instrument: they must have regard to what the charter says. On the other hand, the charter itself should specifically ensure that in its wording impartiality is an absolute.

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[Philip Davies]

Does my hon. Friend agree that the BBC Trust is not good enough to regulate and monitor the BBC’s coverage, because not only does it regulate the BBC, but it is a cheerleader for it as well? That means that it is not in the best position to be an independent monitor of the BBC’s output, and the BBC Trust chairman’s rather snooty view of politicians having any say in what goes on is undermined by the fact that she herself is appointed by the Secretary of State for Culture, Media and Sport.

[Sir William Cash]

From what I have observed from press reports and elsewhere, she appears to have accepted that the BBC Trust is in need of significant reform. The general thrust is that the BBC Trust is bust. Basically, there will have to be a new system, and that is what the correspondence to which I have referred indicates.

Former BBC commentator and employee Robin Aitken’s book, “Can We Trust the BBC?”, covers many matters related to the European Union. I also recommend Peter Shore’s book, “Separate Ways”, the introduction of which contains some extremely pertinent views of the BBC as being deeply biased on EU matters, going back to meetings in the Connaught, alleged connections with the CIA and other similar issues.

News-watch has demonstrated the truth that

“in crucial respects, the BBC has not provided the Committee clear evidence that its EU-related output is properly balanced, informative and wide-ranging across all its platforms—or that the Corporation has raised its game in the ways urged by the Wilson report.”

I have given many of the reasons for that, and more will have to come out in our next inquiry.

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[Tom Brake]

May I say what a pleasure it is to take part in this debate? Certainly, for some Members on the Government Benches it is as though two Christmases have come at once—the BBC and the European Union. Had we also been able to debate political correctness, traffic wardens and road humps, their ecstasy would have been complete.

[Philip Davies]

And wiping out the Lib Dems.

[Tom Brake]

And wiping out the Lib Dems would be the final segment.

I want to make a few points about amendments 8, 19, 17, 20, 21 and 23. With regard to votes at 16 and 17, I will not repeat the arguments that have already been set out on Second Reading and in this debate, but clearly it is something we support. One of the fundamental reasons why we support votes at 16 and 17 in the EU referendum is that young people could be deprived of the benefits of our EU membership, such as the ability to live and work abroad. That would be extremely regrettable, because it would close down their options.

Amendments 20 and 21 were tabled by the hon. Member for Ilford South (Mike Gapes), who is no longer in his place. I assume that he did so—I support him in this—to try to initiate some sort of debate, because one thing that is sorely lacking in debates on our membership of the EU is the impact that pulling out would have on UK citizens who live elsewhere in the EU and on other EU citizens who live in UK. I think that he was trying to trigger that debate, because those who support leaving the European Union have to start talking about that. It is only fair that they set out what they think the impact would be on the millions of EU citizens who live in the UK, and on the millions of UK citizens who live elsewhere in the European Union.

When the right hon. Member for Wolverhampton South East (Mr McFadden) referred to precedent, I hope that he was not saying that the Labour party could not move on the issue of votes for EU citizens in the UK simply because there was no precedent for that anywhere else in the EU. If we always waited for a precedent to be set, we would never do anything. I hope that there are other reasons why the Labour party cannot support that, although it was not entirely clear what they were. All he referred to was the fact that precedents elsewhere in the EU were against that happening.

Government amendment 23 relates to the wording of the referendum question. Like the official Opposition, we accept the wording put forward by the Electoral Commission, but we are disappointed that it is more complicated than the original question. Indeed, the Electoral Commission has suggested in its own findings that the change was not necessary because there was no evidence to suggest that the original question resulted in participants changing their voting preferences. I am slightly confused about why the Electoral Commission then felt that it was necessary to put forward an alternative and more complicated question, but that is where we are and that is what it has set out.