European Union Referendum Bill

Richard Graham Excerpts

Tuesday 9th June 2015 Commons Chamber

[Mr Hammond]

I shall give way one more time, to my hon. Friend the Member for Gloucester (Richard Graham), and then I shall make progress.

[Richard Graham (Gloucester) (Con)]

On the question of European nationals voting in this referendum, will the Foreign Secretary confirm whether any of the referendums held in other European countries have been open to all other European Union citizens living in that country—[Hon. Members: “Scotland!”] It is not a separate member of the EU.

[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.