John Bercow
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EU Referendum: Electoral Law
John Bercow Excerpts(6 years, 8 months ago)
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Mr Speaker
We now come to the emergency debate on the EU referendum and alleged breaches of electoral law. This debate, as colleagues will know as I informed the House yesterday, can run for up to two hours.
Sir Peter Bottomley (Worthing West) (Con)
On a point of order, Mr Speaker. Will you confirm that listening is taking part in a debate? We do not have to speak to learn.
Mr Speaker
The hon. Gentleman has made his pithy point pithily, and it is on the record. People can listen and be attentive, and I have become accustomed to listening to the hon. Member for Brighton, Pavilion (Caroline Lucas) over the years, which I have always found an enjoyable experience.
Damian Collins (Folkestone and Hythe) (Con)
On a point of order, Mr Speaker. For the record, I would have applied to speak in this debate, but I have been chairing three and a half hours of Select Committee evidence from Chris Wylie this morning.
Mr Speaker
The debate was granted yesterday, so there was quite a lot of time yesterday in which to apply to participate. If the hon. Gentleman meant that he was not certain when he would be available because of his pressing commitments, that is duly acknowledged.
Caroline Lucas
I recognise that the Chair of the Digital, Culture, Media and Sport Committee has been doing some incredibly important work this morning. Notwithstanding that, I still make the case that there is staggering hypocrisy among a large number of MPs who promised to enhance democracy by leaving the EU, but who cannot even be bothered to turn up to talk about the potential radical undermining of our democratic processes. I find that genuinely quite breathtaking.
I start by paying tribute to the dedicated, fearless journalism of Carol Cadwalladr over the past year. She has led us to the extraordinary revelations that we are debating this afternoon.
Much of the discussion so far has been about the validity of the referendum vote itself, but I want to argue that this goes much deeper and wider than that single vote, vastly important though it is. The revelations by The Guardian, Channel 4 and others over the past few days go right to the heart of the kind of country we think we are living in. I argue that they demonstrate that current electoral law is woefully inadequate. I think they show that the regulation governing our democratic processes urgently needs to be updated and reformed. They show, I believe, that something is rotten in the state of our democracy.
The combination of big money and big data is overwhelming the chronically weak structures that are supposed to protect us against cheating and fraud. As others have said, we are trying to apply laws from the analogue era to the very different reality of the digital age, and it simply is not working. It took the Information Commissioner almost a week to get authorisation to get through the front door of Cambridge Analytica, during which time presumably the delete button had been pressed a great many times. The Electoral Commission, meanwhile, has been investigating claims of the misuse of electoral funds for almost a year. Why on earth do we not have rules that require donations to be reported in real time, and the same for spending? Why do we not have a body with more resources and real teeth? Things urgently need to change.
Electoral law is based on two fundamental principles. The first principle is that parties and candidates compete on what should be a level playing field in terms of resources, which is presumably why we have national and local spending limits in elections. The second principle is that elections are open and transparent, so parties and candidates have to be transparent in their communications with the voters and it is unlawful to make false claims in those communications. The allegations about the true nature of the relationship between Vote Leave and BeLeave suggest that there may well have been cheating when it comes to the first principle, and the investigations into Facebook and Cambridge Analytica, and the spending of huge sums of money on micro-targeted political advertising based on data harvested from voters’ social media profiles, suggest that the second of these two principles is also under great strain in the digital age.
Frankly, Facebook’s desperate adverts on the back pages of Sunday’s newspapers, just a couple of days ago, suggest to me that it knows that its bubble is bursting. We now need to update the law to ensure that people are protected from this social media mega-monopoly. Just because the chief executives of Facebook and Google wear T-shirts to work and turn up on skateboards does not mean that they are not aggressive capitalists, and we need to get a bit wiser to that fact.
The law regulating campaign activity and finance—the Political Parties, Elections and Referendums Act 2000—was drawn up almost 20 years ago, long before Facebook or Twitter even existed, let alone had any role in political campaigns. It is considerably more difficult to ensure the compliance of adverts on social media than the compliance of adverts in newspapers or on billboards. Voters simply do not know what is being done with their data by a company that, ultimately, wants to make as much money as possible from the information it has on each of us. Not surprisingly, the regulators struggle to regulate.
This undoubtedly presents a complex challenge to all politicians, as social media platforms overtake the national and local press and media through which we have traditionally communicated with our electorate, but without the same level of transparency and scrutiny. However, it is a challenge that we must meet. The need for a reprogramming of the way parties and campaigns are funded could not be greater. Whether it is donations from Russian oligarchs on one side of the House or from former Formula 1 bosses on the other side, people are sick and tired of a politics that is awash with big money without proper oversight. I argue that the case for state funding for political parties could scarcely be stronger.
Mr Speaker
Order. I should say to the right hon. Member for Kingston and Surbiton (Sir Edward Davey) that I am not in receipt of an application from him to speak in the debate, whereas others have applied. I know that he is a figure of considerable celebrity in his constituency and, although it is a divisible proposition, arguably within the House. I am sure that I will be happy to hear him, but he has a habit of looking at me astonished that he has not been called immediately, so in case he wonders why I am not calling him immediately, I say very gently to him that other people, also busy with many commitments and very full diaries, actually got around to applying to speak, so he had better wait. We can look forward to his eloquence and erudition.
Sir Peter Bottomley
On a point of order, Mr Speaker. I do not want to cast any aspersions on the hon. Gentleman’s ability to see if he cannot see that these Benches are not empty. If he can see, he can see that they are full, and he should not say what he said.
Mr Speaker
The Benches are not empty. The hon. Gentleman has made his point, and I invite the hon. Member for Swansea West (Geraint Davies) to continue his speech.
Geraint Davies
If the hon. Gentleman is suggesting that because one side spent more than the other side, it is all right for the other side to behave illegally, it is not a very persuasive argument. This behaviour—the clandestine manipulation of people’s views through Facebook and other things plus the dirty money—casts into question the very integrity of our democracy and the decision that was made. That influence may have been pivotal. If one were asked whether an Olympic athlete would have won a race had he not been doped up, one might come to the conclusion that perhaps he would, or perhaps he would not, but the point is that they would have been disqualified, and quite rightly so. The British people want fair play. They want the rule of law, and, fundamentally, that has been cast into doubt.
Even before this unhappy episode, people were already saying that the Foreign Secretary had stood in front of a bus claiming that we would spend £350 million a week on the NHS, had said that he favoured the single market and would vote for it but now says that he does not, and had said that we would take back control but of course we have not have had democratic control in this place because it has been given to Ministers. People are saying, “Hold on—that’s not what we voted for.” They are questioning whether there is legitimacy in what has been happening. They are saying to me, certainly in Swansea, that what they now want, in terms of fair play, is to have a vote on the deal having checked that it does satisfy what they were promised.
But now we are in a completely different ballpark. We are saying that those people were not only misled but cynically manipulated through Facebook, with millions of voters involved in dirty money. The British people are saying, “Hold on—let’s have another look at this.” They are already saying to me, as to everybody, “This whole Brexit process is taking too long, it’s costing too much, we didn’t know the facts, it’s terribly complicated, the EU is running rings round us, and the UK is incapable of negotiating properly. There is a problem here and there needs to be a solution.” That solution, they are saying to me, is that they want a public vote on the deal. Now we have this situation with Cambridge Analytica, which is completely in breach of fair play. Anybody who thought, “Actually it would be unfair to have a vote on the deal because we’ve had a vote”, now realises that what fair play demands is to move forward and have a final vote on the deal.
People like the Brexit Secretary have said, “Democracy isn’t democracy unless it has the right to change its mind.” I agree. People like Nigel Farage have said, “It would be unfinished business if the vote was 52:48—we need a two-thirds majority.” People like the Member for—I have forgotten his constituency. The Member for Somerset—you know, Moggy—said that we should have a second—
Mr Speaker
Order. The hon. Gentleman should not refer to a colleague in that way. I think the person he has in mind is the hon. Member for North East Somerset (Mr Rees-Mogg).
Several hon. Members rose—
Mr Speaker
Order. Before I call the Minister to reply on behalf of the Government, I gently make the point that in conformity with convention she will, as a most courteous Minister, seek to allow a minute or two for the right hon. Member for Carshalton and Wallington (Tom Brake) to conclude.
Lucy Powell (Manchester Central) (Lab/Co-op)
On a point of order, Mr Speaker. Have you received any notice from the Government that they intend to make a statement on the very important Kerslake review of the response in the aftermath of the Manchester Arena attack? Although it was positive in many ways, it has raised serious questions about some national protocols and the national helpline run by the Government.
Mr Speaker
The short answer is no. The hon. Lady highlights an extremely important and sensitive matter, and I appreciate that she does so not least in her capacity as a constituency Member of Parliament. It will be a matter of considerable concern, not just to Members in affected constituencies, but right across the House. I have received no such notification but, knowing the perspicacity and ingenuity of the hon. Lady, I feel sure that she will find a way of highlighting the matter in the Chamber sooner rather than later.
Sir Edward Davey (Kingston and Surbiton) (LD)
On a point of order, Mr Speaker. The Minister mentioned the role of the Speaker’s Committee on the Electoral Commission in these types of discussions and inquiries. My understanding is that your Committee’s statutory duties are focused on matters such as the estimate and the resources available to the Electoral Commission. That has been raised as a matter of debate, so I wonder whether you could enlighten the House on what role your Committee might take in this regard.
Mr Speaker
The short answer is that the right hon. Gentleman is right; the Speaker’s Committee on the Electoral Commission preoccupies itself with the estimate, and scrutiny thereof. That is a narrow albeit important remit. We are concerned with resources. There have been occasions when a particular issue appertaining to the Electoral Commission has arisen that has caused the Committee to meet to hear from its officers. However, so far as investigations are concerned—to be fair, the Minister did not suggest otherwise—those are not matters in which my Committee would in any way become involved. There is a model for this in relation to the Independent Parliamentary Standards Authority—the model of a Committee scrutinising an estimate—and Members should have that in the forefront of their minds. We do not get involved in investigations. In so far as the right hon. Gentleman’s point of order and my response to it has made that even clearer, I welcome that.
Geraint Davies (Swansea West) (Lab/Co-op)
On a point of order, Mr Speaker. This debate has questioned whether the Brexit vote may have occurred illegally—or illegal activity may have affected the outcome—and therefore it questions the legitimacy of the vote itself and subsequent activity in this Chamber. In your view, what should be the next steps, in the event that it is found categorically that illegal activity may have reasonably been found to have distorted the outcome of that democratic referendum?
Mr Speaker
I am bound to say to the hon. Gentleman, who is quite an experienced Member of the House, that that is a triumph of optimism over reality. For him to seek to beguile me into participating in an exchange on that matter is not reasonable, and the puckish grin on his face suggests that he is keenly aware of that fact. The question he puts to me is a hypothetical one and I have always thought that the late Lord Whitelaw spoke very good sense when he said, “On the whole, I prefer to cross bridges only when I come to them.”
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