EU Referendum: Civil Service Guidance

John Bercow Excerpts

Monday 29th February 2016 Commons Chamber

[Matthew Hancock]

I have a huge amount of respect for my right hon. Friend. That is why I will answer his specific point. The question is exactly the reason for prescribing this guidance only in respect of the in/out issue rather than more broadly. That is what the guidance says. This broad approach was set up by the Prime Minister in January, and then discussed and agreed in Cabinet on 20 February as the best way to take forward the position whereby Ministers could disagree with the Government position.

[Mr Speaker]

It is very decent of the Minister to dole out bowls full of respect, but my sense is that, on the whole, although that is enormously important to hon. and right hon. Members here assembled, they are generally more interested in his answers than in his respect.

[Tom Brake (Carshalton and Wallington) (LD)]

I previously asked whether the Prime Minister was going to throw his weight behind the in campaign, and I am very pleased that he has done so, because for the sake of our peace, prosperity, opportunity and security, we need to be in. As for what we are discussing now, I would like some clarity from the Minister. Is it the case that there is a list of Ministers who are in, a list of Ministers who are out and a list of Ministers who are undecided, and what happens if a Minister switches from the in to the out campaign or the out to the in campaign?

[Matthew Hancock]

First of all, Mr Speaker, I have respect for the right hon. Gentleman, and I also have respect for you—but perhaps I will drop all that. When the Cabinet met after the Prime Minister agreed the deal with other members of the European Union, Ministers at that point were asked to state their position—whether they wanted to remain or leave—and I doubt whether any of those positions will change.

[Mr Speaker]

Veritably, my cup runneth over at the generosity and good grace of the Minister, to whom we are indebted.

[Sir William Cash (Stone) (Con)]

The Minister calls on the law. The question of voter trust in this referendum, as I said to both the Prime Minister and the Foreign Secretary on 3 and 25 February, is paramount. For the voters who will decide this question, knowledge is, as we know, power. Does the Minister deny that under sections 6 and 7 of the later and express provisions of the European Union Referendum Act 2015, a legal duty is imposed on the Government to provide referendum information and the voter is entitled to accurate and impartial information, as the Minister for Europe agreed in reply to me when the House debated that Bill, through and from the Government and all Ministers of the Crown equally, and that this therefore being a statutory obligation overrides any prime ministerial prerogative such as the Cabinet Secretary acted upon in the guidance of 23 February? Does the Minister therefore deny that civil servants as Crown servants are legally obliged to provide such information accurately and impartially to all Ministers within their Departments so that the voters are properly informed and empowered to answer the question in the referendum?

--- Later in debate ---

[Matthew Hancock]

That is the normal course of events. It is for Ministers to make the argument, and for civil servants to support the Government’s position.

[Mr Speaker]

Mr David Davis.

[Mr David Davis (Haltemprice and Howden) (Con)]

I was not standing, Mr Speaker.

[Mr Speaker]

The right hon. Gentleman is a most dextrous parliamentarian, and I am sure that he can recover very quickly. I think the accurate characterisation would be that he had been standing. He did not do so on this occasion, probably because he was chuntering from a sedentary position. He then stood again at my exhortation. He has now had plenty of time in which to formulate his question.

[Mr Davis]

It is all right, Mr Speaker. I was not sure whether it was the other David Davies whom you were calling.

We are fortunate to live in a democracy. We are not guided by Cabinet Secretary guidelines. As far as I know there is no manifesto basis for this, and as far as I know there has been no House of Commons vote for it, so what is the constitutional basis of the Prime Minister’s decision? Is it the royal prerogative?