European Union (Referendum) Bill Debate
Full Debate: Read Full DebateDepartment: Foreign, Commonwealth & Development Office
Thomas Docherty
Main Page: Thomas Docherty (Labour - Dunfermline and West Fife)Department Debates - View all Thomas Docherty's debates with the Foreign, Commonwealth & Development Office
(11 years, 1 month ago)
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John Hemming (Birmingham, Yardley) (LD)
I rise to support new clause 1. The absurd proposal in this group is obviously amendment 43, which seems to suggest that everyone across Europe will vote on this issue, whatever their nationality.
As somebody who supports a referendum on our membership of the EU but would probably vote in favour, I think it very important that UK citizens who live abroad should be entitled to vote. Obviously that is allowed, but people who live in Gibraltar also need to vote. We will eventually need to consider the wider issue of what representation the Crown dependencies have, but that is for another day.
Thomas Docherty (Dunfermline and West Fife) (Lab)
I am most grateful to you, Mr Speaker, for calling me to speak in this debate.
As I am sure the hon. Member for Stockton South (James Wharton) will recall, I intervened on him to raise the issue of Gibraltar when we first gathered here on a Friday to discuss this Bill. I think I am accurate in saying that he was rather dismissive of my concerns about the people of Gibraltar and accused me of merely trying to wreck the Bill. I very much welcome the fact that he has had a conversion along the way from here to the Whips Office to get his instructions and back again, and now supports giving the people of Gibraltar the right to take part in this referendum.
We heard an excellent speech from the hon. Member for Romford (Andrew Rosindell), who is one of the leading experts on the overseas territories. I was slightly disappointed, however, that he did not explain the precise reason why it is vital for Gibraltar to have its voice in the referendum. The reason is that under the treaty of Utrecht, which—he may correct me—took place in 1713, the United Kingdom has ownership of Gibraltar for as long as we and the people of Gibraltar should wish it, but should we ever renounce our ownership of the Rock, ownership automatically passes back to Madrid. Therefore, under the treaty, the people of Gibraltar have no ability to seek their own independence. If they were not given their chance to have a say in the referendum, if the United Kingdom chose to leave the EU, they would be placed in the ridiculous situation of having to choose whether they wished to remain part of the European Union or to become Spanish.
That is why I very much welcome the fact that eventually, after six months, the hon. Member for Stockton South and his colleagues have accepted the argument that I tried to make back in July. I look forward to his explaining why it has taken him so long to come to the conclusion that was obvious to us at such an early stage.
Thomas Docherty
I fully agree. You will recall, Mr Speaker, that on Wednesday evening we had a debate about the use of explanatory statements. As I think the House knows, I was a little sceptical about the mandatory nature of that proposal. However, I must confess—as I said, I am not as much of an expert as the hon. Member for Romford—that it would have been helpful in this case, because yesterday there was some genuine confusion about the amendments, with several hon. Members seeking guidance from the Clerks, the Library and elsewhere. I am disappointed that the hon. Gentleman did not explain why that particular line was included in the new clause. Does he wish to provide an explanation?
Thomas Docherty
No? I am sorry about that, because it has been puzzling me.
I am keen on giving the people of Gibraltar an opportunity to take part in a referendum that will directly affect them. I regret that it has taken us so long to persuade the hon. Member for Stockton South to accept that obvious point about a flaw that has been in his Bill from the very beginning.
Martin Horwood
It is a pleasure to follow the hon. Member for Dunfermline and West Fife (Thomas Docherty), who is right to say that this omission—this flaw in the Bill—was pointed out at a very early stage and that the anomaly of the situation of the people of Gibraltar could have been rectified much earlier. That reflects the nature of the Bill, which in many respects—I am sure we will come on to them—is not very well thought out. It was, in effect, a public relations exercise to cover up the deep division in the Conservative party over the question of whether or not to remain in Europe.
That has been highlighted clearly in today’s edition of The Economist, the front cover of which has a road map that goes onwards and upwards to Great Britain, with a little cul-de-sac off to the right marked “Little England”, accompanied by an image of the European Union symbol with a cross through it. I think that the risk of the little Englander is the real issue behind much of the Bill.
The subject of new clause 1 is Gibraltar. It raises the obvious question of what would happen if Gibraltar exercised an expression of its destiny, as the hon. Member for Romford (Andrew Rosindell) eloquently put it, and voted to remain in the European Union but the UK voted to leave, perhaps with the votes of people in Scotland, which may by then have voted, in theory, to leave the United Kingdom. I am not clear where that would leave Gibraltar. It is included in the European Union only by virtue of the UK’s membership of the EU. It is represented in the European Parliament, not in its own right, but only by virtue of being a British Crown dependency.
Thomas Docherty
If I may briefly correct the hon. Gentleman on two points, he just referred to Gibraltar as a Crown dependency, but I am sure he meant to say that it is an overseas territory. I am sure he also misspoke when he said that it is represented by the United Kingdom when, of course, it has votes in the South West and Gibraltar constituency of the European Parliament.
Martin Horwood
The hon. Gentleman is absolutely right. I was talking about representation and was about to point out that Gibraltar is part of the South West England and Gibraltar constituency, which also includes my constituency of Cheltenham and is ably represented by Sir Graham Watson. The point is that Gibraltar does not have separate representation in its own right in the European Parliament. The hon. Gentleman is right to correct me on calling it a Crown dependency; it is, of course, an overseas territory. It has many of the same special arrangements as various other territories but, uniquely, it is part of the European Union while other overseas territories and Crown dependencies are not formally part of it.
Thomas Docherty
I am listening attentively to the hon. Gentleman and, as a Scot, I do not quite follow his logic. Under the new clause, which seems to have cross-party support, the people of Gibraltar will get a say in the referendum. If Scotland chooses to stay part of the EU, it would still be bound by the collective result and the same is true of Gibraltar, unless it chooses to cease being part of the United Kingdom. I am struggling to understand why the hon. Gentleman does not see it in that way. Perhaps he could explain further.
Martin Horwood
I will explain. The situation is different from that in Scotland, because Scotland, for the time being at least, remains part of the territory of the United Kingdom, has representation in this Parliament and is represented in Europe by virtue of being part of the UK, not of being a territory of the UK. Gibraltar has self-government and that is a cardinal principle of our relationship with it. Should it at any point decide to join the kingdom of Spain, it could take that step without having to leave the United Kingdom. In effect, we are saying that we would expel Gibraltar from the EU even if it voted to remain in it.
Thomas Docherty
The hon. Gentleman must have misspoken. I think he just said—perhaps I heard him wrong—that Gibraltar could join the kingdom of Spain without leaving the United Kingdom.
Thomas Docherty
I am grateful to my hon. Friend for endorsing me. I do not think the hon. Gentleman meant to say that. He said that Gibraltar is self-governing. It has self-government on many issues, but not all. We still provide its international relations, Home Office functions and defence functions. I think the hon. Gentleman is misspeaking.
Martin Horwood
No, on this occasion I do not think the hon. Gentleman is right. Gibraltar is a UK territory but, like other overseas territories and Crown dependencies, it is not actually part of the United Kingdom. The test is whether there is direct representation in this Chamber.
Thomas Docherty
I really am disappointed that the hon. Gentleman has not had an opportunity to talk to the many Members throughout the House who have a close interest in overseas territories. Overseas territories have a great deal of self-governance, but they still rely on the UK for many of their functions, including defence and foreign affairs. It is not mutually exclusive to say that they have self-governance but that the UK provides many of their functions.
Would the hon. Gentleman also like to take the opportunity to correct the record? It has been endorsed by my hon. Friend the Member for Vauxhall (Kate Hoey) that he said that Gibraltar could choose to join the kingdom of Spain without leaving the United Kingdom.
Martin Horwood
The reason why Gibraltar could decide to join the kingdom of Spain should it ever want to—obviously, there is no prospect of that in the near future—without leaving the United Kingdom is that it is not formally part of the UK at the moment. We would respect the wishes of Gibraltarians if they ever expressed that desire. They would not have to leave, because they are not formally part of the territory of the United Kingdom itself. They are an overseas territory.
Martin Horwood
It is a rather semantic point. I feel that we are leading the House down something of an angels-dancing-on-a-pinhead diversion, so we should probably move on to more substantial issues. The substantial point that I was trying to make before being entertainingly diverted by the hon. Gentleman was that we could end up in a situation in which the people of Gibraltar voted to remain in the European Union, but were effectively expelled from it by virtue of a United Kingdom referendum. We can leave the debate about the precise nature of Gibraltar’s detachment from the United Kingdom for another time.
Martin Horwood
That was a much more constructive intervention and it was typically well made by the hon. Gentleman. He is absolutely right that there is a strong case for Gibraltar to remain within the European Union, as there is for the United Kingdom to remain within it, not only because of the issues that he mentioned, but because of the fight against cross-border crime and terrorism and a range of other issues.
Thomas Docherty
The hon. Gentleman has not mentioned the most important benefit of the European Union. We have a bully in Spain that has been trying to force its will upon the people of Gibraltar. One of the huge advantages of the European Union, as the people of Gibraltar know, is that it allows them, following the representations of the Minister for Europe and others, to stand up with the United Kingdom to that bully. That would not be happening if they were outside the European Union.
Martin Horwood
I will not rise to that point. It takes us away from the core subject matter of the new clause.
I want to make it clear to Members on both sides of the House that I support the new clause because it aims to correct the anomaly. There are some reassuring parts to it. It is great to know that subsection (2)
“is not to be regarded as restricting the operation in relation to law made by the Gibraltar legislature of the Colonial Laws Validity Act 1865 (under which colonial laws are void if repugnant to the provision made under an Act of Parliament).”
I am sure that that will be a massive reassurance to the people of Gibraltar. It is a serious point that it will reassure them that the overall constitutional framework is being respected and not changed by the fact that we are passing legislation in this Chamber that relates to the constitutional position of Gibraltar.
I am happy to support the new clause, although I would be interested to hear what the right hon. Member for Aylesbury (Mr Lidington) thinks the position would be for Gibraltarians in the event of their voting yes and the United Kingdom voting no. Where would that leave them constitutionally? Would they be able to renegotiate their own separate membership of the European Union? If so, would their membership carry on automatically or would they be in the position that it has been suggested Scotland might be in if it voted for independence, whereby it would leave the European Union automatically and have to reapply as an independent country?
I will not go through the raft of amendments that we are considering in this group one by one. I am sure that that is to the relief of Members behind me. However, some of the amendments, although addressing issues that are critical to the future of the UK and its position within the European Union, run the risk of looking a wee bit frivolous. It is important for those of us who are in favour of a debate on Europe and in favour of European Union membership to retain some credibility.
Mike Gapes
That is absolutely correct, and I will address that point as I talk in detail about each of my amendments.
Thomas Docherty
I do not fully follow my hon. Friend’s logic; I hope that he will explain it better. We do not allow the people of the Falkland Islands to vote in a Westminster general election even though, as he rightly says, it has a big implication for their future. Will he explain in a little more detail why he thinks they should have a vote in the referendum when they do not participate in a Westminster general election?
Mike Gapes
I will talk about overseas territories’ relationship with the European Union later. Along with the hon. Member for Cheltenham (Martin Horwood), I served on European Committee B when we discussed at great length a series of documents about the new relationship between the overseas territories and the EU—I have them with me and may well quote from them. Some overseas territories have become what is called in the jargon “outer areas” of the European Union. For example, the French have overseas territories that not only have the right to be represented in the French Senate, but are defined as territories of the EU. However, the British overseas territories, apart from Gibraltar, are not.
Thomas Docherty
I wrote to the overseas territories a few months ago to inquire about that point, and I know that the hon. Member for Romford (Andrew Rosindell) and others have been making a case about it in the Foreign Affairs Committee for some time. There is no great appetite for the UK overseas territories to have representation in the UK Parliament. Will my hon. Friend give us his thoughts on why that is the case?
Mike Gapes
I am a member of the Foreign Affairs Committee. In the previous Parliament, we carried out a major inquiry on the overseas territories. They are all different. Some of them are completely depopulated, some have few people, such as the Pitcairn Islands, which I think have 56 or 57 people, and others, such as the Falkland Islands, have a long-standing British population. The people of the Falkland Islands have expressed their self-determination in a vote, but they still suffer serious threats from Argentina.
Gibraltar still has a problem with regard to Spain, which is why new clause 1 is important. The point made by the hon. Member for Cheltenham is valid, because if the United Kingdom were to leave the EU, what would happen to the efforts of the British Prime Minister and Foreign Secretary to get the European Commission President to intervene when Spain puts pressure on Gibraltar? If we were on an exit path or had already left the EU, presumably the Commission would not try to help the citizens of Gibraltar when they were suffering blockades, huge queues and all the other problems that have arisen in recent months. I have not yet mentioned the dispute that has arisen over territorial waters, concrete blocks and fishing access.
Mike Gapes
We will discuss the Electoral Commission’s report on the wording of the question when we speak to another group of amendments. The commission clearly takes a different view from the Government on the question, but that issue is not for this group of amendments. I do not know about the commission’s detailed views on the issues I am discussing, so I will not comment on them.
Thomas Docherty
My hon. Friend misspoke very slightly earlier when he referred to the general election franchise, but that is not quite true, because Members of the other place would have a vote. On a more substantive point, in the referendum that we in Scotland have next year on whether we should leave the EU, European Union citizens will be granted the vote. I did not support that, but given that the Government supported EU citizens having the right to vote on that precedent on that occasion, should they not be given the right to vote on whether the whole of the UK leaves the EU?
Mike Gapes
I absolutely agree with my hon. Friend, and that is why I have tabled amendments that would apply either the local government franchise or the European Parliament franchise. That would meet his point about Scotland.
I was going to come to the question of prisoners later—not prisoners, Members of the House of Lords. [Interruption.] I said prisoners because, under our present law, Members of the House of Lords, lunatics and prisoners are excluded from voting in elections to the House of Commons. The Government propose to modify that to allow peers to vote in the referendum, but not lunatics or prisoners. I have tabled an amendment on prisoners—I was unable to get an amendment on lunatics on the amendment paper. My point is that the Government are making a constitutional change in the relationship between the Houses of Parliament and in the role of Members in the other place. Are the Government proposing that Members of the other place should vote in the referendum? I referred to the Government—I must apologise; I meant the part of the Government that is putting forward the proposal. They need to clarify why they think that it is appropriate to change that long-standing relationship.
Mike Gapes
It is difficult enough for me to contemplate the implications of rulings from the Chair in this Chamber without tying myself in knots over how the Lord Speaker would deal with such issues should they be raised with her in the other place. It would be best to put that issue on the agenda for the other place if it comes to consider this Bill. It will have to deal with that issue at that point. I do not have a view on or any detailed knowledge of how it would be dealt with at that time.
I want to be clear about the important differences between the amendments I have tabled. Amendment 43 would allow people with the right of abode in the United Kingdom to vote in this referendum, because it would affect them. Would they be expelled from the European Union? Would they no longer have the right to travel freely to the 27 other member states?
As I have already said, amendment 45 concerns those who are entitled to vote as electors in a European Parliament election, such as all the residents of the UK who are citizens of Austria, Latvia, Estonia, Italy, Germany, France, Spain, Portugal, the Czech Republic or Slovakia—I will not list all the other 27 member states, but there are a lot of them. Some of those people gain the full benefit of our education system and contribute to our society in many ways, just as British people living in other European countries benefit from their systems. We have seen recent reports that say that more British people are on welfare benefits in other EU countries than people from other EU countries living in the UK on benefits. If we were to leave the European Union, what would happen to those British people’s right to reside in those other European countries and benefit from the facilities, social security systems and other amenities of those countries? These are issues of great importance, but British people living in other countries would not be allowed to vote in the referendum, and nor would European Union citizens living in this country. That would be wrong, because the decision would have profound, long-term implications for them. That is why we need proper parliamentary scrutiny of it, which we are beginning here today. I hope that we will be able to continue it over the coming weeks and months.
Amendment 46 relates to the local government franchise, which is the basis for the Scottish referendum. In my opinion, there are no strong arguments against that. I have already covered amendment 47, which addresses the issue of those British citizens resident in any of the member states of the European Union.
Amendment 48 refers to the rights of prisoners to vote. Interesting statements have been made recently by the Government’s senior law officers, but the position is confused on whether some—if not all—prisoners will be given the right to vote. The Bill is silent on that issue, but if the Government’s position changes in the next few months—despite the clear vote of this House against giving votes to prisoners—we would need to discuss it in some detail. There would be implications if the European Court maintains its judgment that some prisoners should be given the right to vote, not just for parliamentary elections but for the franchise for any referendum on leaving the European Union. That is why I have tabled the amendment.
Amendment 8 would clarify the basis on which people would be able to vote. At present, overseas voters can register under the 15-year rule using the address of the local authority area in which they had lived previously. The amendment would allow people to register to vote at a British embassy or high commission. It is deplorable that only 20,000 people living elsewhere in the European Union have the entitlement to vote under the 15-year rule. Some 1.4 million British people live in other European Union countries and we should be trying to find ways to encourage them to register. To reduce the bureaucratic hurdles, the easiest way to do that would be to allow people in Spain, say, to contact the British embassy in Madrid; people in Portugal to go to Lisbon; people in France to go to Paris; and so on. Similarly, if we were to change the franchise to allow British citizens living anywhere in the world to take part in the referendum, we should allow them to go to the British high commissions in Delhi or other countries of the Commonwealth.
I have touched on amendment 44 and I know that other hon. Members will wish to speak on it. My hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) mentioned the age at which people can vote in the Scottish separatist referendum, and the UK referendum should be held on the same basis. Young people have a great interest in the future of the European Union. I would hope, therefore, that they would be able to take part.
Mike Gapes
No, I am afraid I want to conclude my remarks, because other Members wish to speak.
The Crown dependencies, including their very important financial institutions, would also be affected, so should be allowed to vote. We have discussed British overseas territories, so I will not spend any longer on that point, and we have also talked about Gibraltar at length. The important point is this: my amendments expose the Bill’s inadequacy and need for proper consideration and scrutiny. I hope the House will provide that and support at least some of my amendments.