European Union (Referendum) Bill

Wayne David Excerpts

Friday 29th November 2013 Commons Chamber

[Mike Gapes]

The answer to those questions is yes, yes, yes and yes. The proposed date of the referendum was not made clear to us initially, and there was a possibility of amendments allowing it to be held, for example, before the general election, one year after the election, or later. It was therefore important for there to be amendments in this group which were related to, but not dependent on, those in the other group.

[Wayne David (Caerphilly) (Lab)]

I have an open mind about which date we should opt for, but does my hon. Friend agree that it is vital for the Electoral Commission to be encouraged to focus its mind? One of the key issues that it will have to consider is how we can best avoid a repetition of what happened at the time of the Welsh referendum campaign in March 2011. There was not a no campaign because no organisation had registered, and thus there could not be a proper yes campaign. The whole campaign was hamstrung from the start.

[Mike Gapes]

I accept my hon. Friend’s wise words. I agree that we need to learn from experience. We need to learn the lessons of not just the Welsh referendum, but the 1975 referendum on British membership of the European Community. I shall say more about that in the next part of my speech.

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[Mike Gapes]

Says my former Whip! But she is no longer my Whip, so I think—I hope—that I am okay.

Amendment 52 states that the Electoral Commission’s report must be published by 1 March 2015. Amendment 53 would give the commission another year, but that would allow the Government less time in which to consider its recommendations and make any changes to take account of them.

Amendment 54 would do the same thing, but with 1 March 2017 as the date. I am not so keen on that amendment. It was put forward, as I have explained to colleagues, in case a referendum is held after the end of 2017. I think that 1 March 2017 would be far too late for that obligation, because it would not give enough time for the House to make the appropriate changes or for the Government to put forward properly considered proposals.

Amendment 55 would ensure that the Electoral Commission published its report at least six months before the date or dates appointed for the referendum. Let us imagine that the Government, having listened to our deliberations, decided not to hold the referendum during Britain’s presidency of the European Union’s Council of Ministers—from 1 July to 31 December 2017—and, given their commitment to hold it before the end of December and the fact that they would not wish it to clash with religious festivals at the end of 2017, particularly Christmas and Chanukah, opted instead to hold it in early 2017. The Electoral Commission would therefore have to produce its report by the end of 2016.

[Wayne David]

Does my hon. Friend agree that it is important that the Electoral Commission considers not only the arguments for and against, but the fact that the electorate need much more basic information? I refer him to the commission’s report on the issue, which makes the salient point that in order to have a reasonable debate the electorate need more basic information. The report must address that fact.

[Mike Gapes]

Absolutely. We are talking about a monumental decision on the future of our country, our international relations and the status of the 1.4 million British people living in other European Union counties, who, as things stand, will be excluded from making a democratic decision in the referendum. It is therefore important that the Electoral Commission does the job that the Government and the Bill’s promoter have not done, because those issues are not addressed in the Bill, even though they should be. We have to find a way for the Electoral Commission to put right what was not done by the Government, or at least the part of the Government who support the Bill—this is so complicated, because I have to keep remembering that it is a private Member’s Bill, even though the Minister is here to support it.

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[Mike Gapes]

The only noises I have heard from the Government Benches have not been complimentary about any of my amendments—and some of them were not made in the Chamber.

There is also a major danger that different nations or regions will vote in markedly different ways in a low-turnout referendum, with divisive consequences for our United Kingdom. Let us imagine, for the sake of argument, that next September the Scottish people vote against separatism and in favour of staying in the UK but in a referendum in 2017 a majority of the electorate votes to leave the European Union, based on votes in parts of England and with the vast majority of Scots voting to remain in the European Union. We would think that the referendum next September will settle the question of Scottish independence and separatism, but in fact the same issue could be reopened only two or so years later, even though the Scottish people voted to stay in the UK. They might say, “Hold on. We didn’t want to leave the European Union, which is part of our association with the two Unions we are part of: the United Kingdom and the European Union.” We could then have a real problem. The same argument could apply in Wales, Northern Ireland and significant parts of England.

Therefore, if we want to keep the unity and cohesion of our country, we need safeguards to avoid an extreme minority in certain parts of the country driving through, on a low turnout, a referendum result that would lead to the withdrawal of parts of the country that did not wish to leave the European Union and were not inspired by fanatics to take part in a referendum that they did not feel was particularly important.

[Wayne David]

I am not entirely convinced by my hon. Friend’s argument. Is he saying that Wales, which has a population of less than 3 million, could have an effective veto over the rest of the United Kingdom?

[Mike Gapes]

I believe that those issues would then need to come back to be considered by Parliament. I do not wish to have a binding referendum. A binding referendum is dangerous if we cannot allow for sophisticated consideration of the implications of the result—for example, if there is a low turnout or there are very diverse results in different parts of our country. The final decision would therefore have to rest with this House in legislation that we would pass afterwards. I tabled amendment 17 for that reason, and I believe that the Electoral Commission would need to take account of those factors in its report. If the Electoral Commission did not accept such points, it would say so in its recommendations to Parliament, and Parliament and the Government would then consider those recommendations in making arrangements before the referendum that might be held by the end of 2017.

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[Mike Gapes]

Of course, Madam Deputy Speaker. I would simply say that I am in favour of compulsory voting, as in Australia, but it is not in the Bill.

[Wayne David]

On amendment 7—

[Mike Gapes]

I am about to introduce amendment 7, but I thank my hon. Friend for pre-empting me. It deals with what we could call the Rupert Murdoch question: making sure that when 70% or more, by circulation, of this country’s print media is in the hands of people who do not want Britain to remain in the European Union—they will no doubt campaign vigorously, as many of them have for many months or years, with a relentless daily drip, drip, drip—their readers should have some information from both sides of the campaign.

Amendment 7 states that

“proponents and opponents of the question in the referendum are able to publish a two full page advertisement spread immediately after the front page in all national editions of newspapers published in any part of the United Kingdom, as specified by the Electoral Commission, on four dates to be specified by the Commission”.

That would ensure that the debate is conducted with some degree of fairness, and it would also save costs. There could be a higher figure for both sides of the campaign to enable them to put out more material, but we require balance in our broadcast media—the BBC and other broadcasters are supposed to show balance during election campaigns—and the amendment is about having such balance in our print media.

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[Mike Gapes]

Absolutely; that is why amendment 7 says that the Electoral Commission should consider the matter in detail. We cannot go through all the minutiae of the Bill. The Electoral Commission would be responsible for looking at all the arguments, including those made by my hon. Friends the Members for Poplar and Limehouse (Jim Fitzpatrick) and for West Bromwich West (Mr Bailey).

[Wayne David]

Will my hon. Friend give way?

[Mike Gapes]

No, I want to make a bit of progress because I have other amendments that I want to introduce.

[Wayne David]

It is a very important issue.

[Mike Gapes]

All right, I will give way very briefly.

[Wayne David]

I thank my hon. Friend for his generosity. I would like clarification. Amendment 7 uses the term “national”. Is he talking about the Welsh nation, the Scottish nation or the United Kingdom? What does he mean by “national”? My understanding is that, in the amendment, “national” refers to the United Kingdom. Many English voters would therefore have the Welsh language in their newspapers. Does he think that that might be slightly strange for them?

[Mike Gapes]

As I have said, the Electoral Commission needs to consider all of these aspects carefully. Publications such as the Western Mail would be regarded as national in Wales, but not in England. We have to consider such difficulties and nuances. That would be done by the Electoral Commission.

I will move on to the final two amendments that appear in my name. Amendment 16 would provide for polling stations to be open for longer. In parliamentary elections, polling stations are open from 7 in the morning until 10 at night. There were difficulties during the last general election. Some people queued outside polling stations and could not get in. The doors of some polling stations were locked and there were arguments about people not being allowed to vote. Other people were inside polling stations and were allowed to put their votes into the ballot boxes after 10 o’clock.

We must avoid such difficulties. I tabled a series of amendments on holding the referendum on more than one day. Polling stations must be open for cleaners who come back home in the early hours of the morning. They could vote at 6 am. People who work late could vote just before midnight. If, contrary to what I expect, there will be great enthusiasm for the referendum and a massive turnout, we must extend the voting period to ensure that as many people as possible can cast their votes.

[Wayne David]

I hear what my hon. Friend is saying, but the Government did eventually, under pressure, accept an amendment to the Electoral Registration and Administration Bill to solve the problem of long queues at polling stations before 10 o’clock. I think that that will be effective. That puts a question mark over the importance of amendment 16.

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[Chris Williamson]

I start by congratulating you, Madam Deputy Speaker, on your elevation to the Chair. This is the first opportunity I have had to say that. I was delighted when you were successfully installed in your place.

I want to speak in support of amendments 5, 6, 7, 16, 17, 52, 53 and 55, tabled by my hon. Friend the Member for Ilford South (Mike Gapes), amendment 84, tabled by my hon. Friend the Member for Harrow West (Mr Thomas), who sits on the Front Bench, and obviously my own amendment 85.

[Wayne David]

Before my hon. Friend starts to develop his arguments, I must say that the significance of what the Minister has just said is beginning to sink in. Does my hon. Friend agree that it is quite outrageous for a Minister to question the integrity of another hon. Member in asking legitimate questions, many of which are probing questions in the interests of our having a good debate? Was it not thoroughly shameful?

[Chris Williamson]

I could not have put it better myself. Indeed, I was going to use the word “shameful” to describe what can only be called the Minister’s calumnies against the honourable motives of my hon. Friend the Member for Ilford South. I absolutely agree that they were shameful. I hope that when the Minister has had time to reflect, he might, from the Dispatch Box, withdraw his comments and apologise to my hon. Friend, who has entirely honourable motives for asking reasonable questions and tabling legitimate amendments. On a previous occasion, I think another Minister was chided by Mr Speaker for questioning my hon. Friend’s amendments, as if in some way they were disorderly. I could not see how that could possibly have been the case, because the Chair had ruled them in order and they were before the House to be debated. I have not long been in this place, but in my time I think it is unprecedented for such a challenge to be made.

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[Chris Williamson]

I am grateful to my hon. Friend, who I think is also a vegetarian. I was just about to say that my youthful appearance was down to my vegan diet, but I digress.

As we know, in the 1975 referendum the country voted overwhelmingly in favour of remaining in the EEC. I have to say I voted no, but I have since recognised that I was wrong to do so. Were I to have my time again, I would certainly vote differently, because the EU has developed in a very positive way. My hon. Friend the Member for Ilford South referred to some of the benefits of our membership. Certain powerful media moguls in this country want us to withdraw from the EU because it would make it easier to take away workers’ rights and consumer protections and to adopt exploitative working practices, which would become much more commonplace. It is only thanks to the EU that many of those rights are enshrined in law and workers receive the rights they now do, through things such as the working time directive and so on. Obviously, the single market is an extremely important benefit to the UK and the British work force, millions of whose livelihoods rely on companies whose main market is the EU, but that would be jeopardised if the referendum was held and the country voted to withdraw from the EU.

Given the importance of the referendum to the UK’s future, my amendment 85 is essential. It would make a significant turnout at a referendum much more likely. It proposes that unless people have good reason, they should be subject to a penalty if they do not participate in the referendum. Like my hon. Friend the Member for Ilford South, I favour compulsory voting, but I am not necessarily suggesting that we introduce it for general and local elections. I think this referendum is different, however, because the consequences of a vote, whatever the outcome, would be profound and potentially irreversible. As I have mentioned, people’s livelihoods, consumers’ rights and the single market would all be affected by a decision to withdraw from the EU. It would be appropriate, therefore, on this occasion, if not on any other, to impose a penalty in order to maximise turnout. We want to ensure that the British people’s voice is heard and that the overwhelming majority of the British people express their view.

[Wayne David]

Many hon. Members might think this a significant departure from current practice, and in many ways it is, but is my hon. Friend aware that, as things stand now, if a householder does not return their electoral registration form or co-operate with their electoral registration officer, a fine can be imposed for non-co-operation and therefore non-registration? Also, under the Electoral Registration and Administration Act 2013, which introduced individual electoral registration, individuals can be fined for non-co-operation and therefore non-registration. We do not know how much it will be, but nevertheless that important principle has been established, and his amendment merely takes it a stage further. Does he agree?

[Chris Williamson]

I am grateful to my hon. Friend, who sets out the case very effectively. This is not such a huge leap, although I accept that, on the face of it, people might baulk at the notion that a penalty should be imposed on those who fail to cast a vote without good reason. As my hon. Friend the Member for Caerphilly has pointed out, however, this is not necessarily such a big leap as people might first think it to be.

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There are others for which compulsory voting is on the statute book, but without any penalties in place for people who do not participate. According to my research, around 20 countries fall into that category—including places such as Belgium and Greece. Perhaps we need to learn a lesson from these other nations, where it seems to have worked reasonably well and to have resulted in a bigger turnout in their elections.

[Wayne David]

In the countries that my hon. Friend has cited, does he agree that there is no obligation for individuals to cast their vote for any particular candidate? They are able to go to a ballot box and spoil their ballot paper. Does my hon. Friend assume that the same thing would happen here if his amendment were passed?

[Chris Williamson]

Absolutely. It would clearly be completely wrong—and, indeed, anti-democratic—to impose any obligation restriction on how individuals cast their votes or for whom they cast them. That would be a matter for each individual to come to a view on. People would no doubt listen to the various campaigns for and against and come to a view. I would personally prefer it if, when elections come about, people actually took the opportunity to vote rather than stopping at home. If they do not support any particular candidate, they should go along and spoil their ballot paper. Our democracy confers a very precious right. We know that our forefathers and mothers fought and gave their lives for democracy, and we see this around the world when people continue to this day to strive, struggle and fight to get the right to exercise their vote. Democracy is a very precious thing, and that is why it is essential to maximise participation in it. I think my amendment would have the effect of achieving precisely that.

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[Chris Williamson]

Indeed I was going to refer to those amendments. Suffice it to say that they are sensible. We need to learn lessons from a referendum, and it would be helpful to have that report.

On the earlier point, briefly, £50 is sufficiently high enough to create an incentive and to concentrate people’s minds. If it were any less than that, they might not bother to vote. If it were higher than that, it would be unreasonable. I must say I did pluck the figure out of the sky, but I thought that £50 was reasonable.

[Wayne David]

The figure is very important. There was a not dissimilar debate a little while ago about the level of a fine for an individual who fails to co-operate with the individual electoral registration system. The Government took as their yardstick the average level of a parking fine—I think that phrase was used. Has my hon. Friend considered whether there should be a parking fine figure, because it would be considerably more than £50 on average?

[Chris Williamson]

I am not too familiar with the levels of parking fines. I never transgress parking restrictions when I park my vehicle, so I have never been subject to such a fine. Anecdotally, I understand that the average figure is about £50, so the fine I propose is in the order of a £50 parking fine. Without stretching Madam Deputy Speaker’s patience too far, I think we have probably dealt with the point about the £50 and perhaps need to move on, but I give way to my hon. Friend.

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[Jim Fitzpatrick]

It is not for me to respond on behalf of right hon. or hon. Members. When I was a private Member’s Bill Whip, I used to advise colleagues on a Friday. I would say, “Stay in your seat and don’t be provoked by anything Opposition Members say.” The hon. Member for Stockton South is showing admirable restraint. Some of the things that have been said during the debates on these Fridays will have irritated the life out of him, but he is keen to get to the conclusion of the debate. He has made a tactical and strategic decision, but I understand Opposition Members who would rather have engaged in a fuller debate with Government Members.

In conclusion, I support the EU. We have nothing to fear from a referendum. I support the Bill in principle and will vote for it on Third Reading. I look forward to my hon. Friend the shadow Minister explaining why I should support the two amendments he has tabled, which I suspect he will do shortly.

[Wayne David]

I shall keep my comments brief, because hon. Members want to make progress and I want the process to be expedited as much as possible.

I begin by picking up one of the last points made by my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick), who referred to the comments made a little while ago by the Minister. I take exception to the Minister’s comments. He said that a number of the amendments in the group are otiose. That might be his opinion, but we should put on record our thanks to hon. Members, particularly my hon. Friend the Member for Ilford South (Mike Gapes), for tabling amendments, which have allowed for a proper discussion and debate on this enormously important Bill. Regardless of whether we agree with the amendments he has tabled, had he not done so we would not have got into a detailed debate today and on other days about the Bill’s ramifications and implications. Rather than saying simply that the amendments are otiose, we should be thanking my hon. Friend.

My hon. Friend spoke eloquently to amendments 52 to 55. In essence, they are about insisting that the Electoral Commission comes forward with a proper series of recommendations for the conduct of the referendum. That is important, because all of us recognise, no matter which side of the argument we are on, that there needs to be a proper and fair discussion and debate in the country. I echo a point made by the Electoral Commission when I say that it is simply not enough to have stipulations about how the debate is conducted; information must be provided by the Government that objectively sets out the parameters of the debate to be held. The Electoral Commission says that all the research it has conducted shows clearly that the majority of the population feel that they do not have sufficient information to reach an objective decision, either for or against. It is therefore important that the Government set out objective information about the European Union. Of course, the last thing we want is the Government subjectively setting out information, in a biased and partisan way. That is why it is very important that the Electoral Commission not only sets out rules—

[Mike Gapes]

My hon. Friend will be aware that the Government—at least the Conservative party—have already behaved in a biased and partisan way with regard to the wording of the question, which is contrary to what the Electoral Commission recommended. What guarantees do we have that the Electoral Commission’s recommendations will be implemented by this Government’s Ministers?

[Wayne David]

My hon. Friend makes a good point. We touched on that issue in our debate last Friday, and the point holds firm. We would hope that if the Bill proceeds from this House to the other place, the Government might well table an amendment, as they have done with previous legislation, to modify the question that is set, in line with the Electoral Commission’s recommendation. It is also important to stress, however, that the Electoral Commission is a neutral, impartial body respected by all sections of the political spectrum. Those in the Electoral Commission are the custodians of electoral processes, objectively and clearly defined. To go back to the point I was making about its report on the conduct of the campaign, that is why it is important that the Government take on board the Electoral Commission’s recommendations, and that it is given plenty of time to do the work and is told precisely when its reports are expected. We have had an important debate on that matter, and I am minded to favour the idea of a stipulated time for such a report from the Electoral Commission.

Amendment 7, tabled by my hon. Friend the Member for Ilford South, refers to the need for advertisements in national newspapers, across the United Kingdom and in the nations that make up the United Kingdom. As a Welshman, I think that that is particularly important. Although I do not speak the language of heaven—I have tried but failed—I recognise its importance, and the Welsh language must be respected. In addition, a distinct population in Wales speak the Welsh language as their first language. It is important that we do not place Welsh language advertisements in newspapers just in what is known as “BBC Welsh”, as the Welsh language varies in different parts of Wales. The Electoral Commission has done quite a bit of work on how the debate should be conducted through the medium of the Welsh language. Interestingly, GfK, the organisation contracted by the Electoral Commission to conduct the research, has said that we must be careful with the Welsh language in what we put on the ballot paper and, by implication, in the advertisements. For example, it makes the point that the phrase “Undeb Ewropeaidd”, which of course means the European Union, is not widely understood by Welsh speakers. GfK’s survey found that many Welsh speakers thought it referred to the United Nations.

[Mr Bailey]

I have listened to my hon. Friend’s argument and I think that there is a lot in it. What he perhaps has not brought out so far, although he seems to be touching on it now, is that this is not only an issue about BBC English or BBC Welsh; Euro-speak is likely to become embedded in this debate. That underlines the need to involve organisations dealing with plain English and the Welsh equivalent to ensure that the terminology current in Europe and in those organisations in this country connected to Europe—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I have allowed a great many interventions during this debate. Everyone who has indicated that they wish to speak on this group of amendments has made many interventions, and everyone has now had the opportunity to hold the Floor. I am sure that the hon. Member for Caerphilly (Wayne David), who has already rehearsed many of his arguments in interventions on the speeches of other hon. Members, will soon be drawing his remarks to a conclusion.

[Wayne David]

Thank you, Madam Deputy Speaker. I would simply say that I agree with my hon. Friend’s intervention absolutely.

Amendment 67, tabled by the hon. Member for Cheltenham (Martin Horwood), refers to the Scottish situation. That is an important point, because yesterday the Prime Minister of Spain made comments to the effect that if Scotland left the United Kingdom it would leave the European Union as well, and that has profound implications for the timing of this referendum and whether it appears before or after the general election. I would simply say that we need to be mindful of the Scottish situation in this debate; there could well be unforeseen implications of anything we decide to do.

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[Mr Hague]

I will not give way to the hon. Member for Ilford South (Mike Gapes), whose views have been delivered at great length over many hours. He has dragged himself reluctantly and slowly through the Division Lobbies, so I do not think we need to hear from him during my speech.

We have pushed forward free trade.

[Wayne David]

Will the right hon. Gentleman give way?

[Mr Hague]

No, I am afraid that the hon. Gentleman falls into the same category as the hon. Member for Ilford South.

We have every reason to be confident that we can negotiate a new deal in Europe. Above all, the final decision to stay or leave must lie with the British people. This Bill enacts precisely that democratic choice. It requires a referendum by the end of 2017, allowing time for the British Government to negotiate a new settlement.

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[Mr Bailey]

I was coming to that point. In all my years in the House, I have never known a private Member’s Bill to be adopted so enthusiastically, which it has been by at least one section of the Government—the Conservative party and the Prime Minister. I have never known the devices that have been used to rally support for the Bill to be used before. We are told that Back Benchers have had breakfast in Downing street. The Prime Minister is trying to convince his Back Benchers either to stay in or to come out of the EU using the device of stuffing them with French croissants or, I have heard, bacon baps. Was it Danish or British bacon? I hope that those Conservative Back Benchers who are so hostile to the EU ensured that the Prime Minister stuffed their baps with British bacon to get their vote for the Bill.

On a more serious note, I want to concentrate my few remarks on a vital issue not only for the country, but for the west midlands and my constituency in particular. A lot has been said—my hon. Friend the Member for Newcastle upon Tyne Central (Chi Onwurah) emphasised this—about the potential impact on foreign direct investment in this country arising from the uncertainty that will be created by a decision to hold a referendum in 2017. If we ask investors what the most crucial thing to ensure that they invest in a place is, they will answer, “Certainty.” If people are to invest money, they want to know on what basis that money will be used and what returns can reasonably be generated. If there is uncertainty about the scale of the market for British manufacturers, the prospect of encouraging foreign direct investment will be very much more limited.

Outside investors are not daft. When they see the Government—or the Conservative party—backing a Back-Bench Bill such as this one, they can see the way the wind is blowing and they are bound to question whether they should be investing in this country again. As my hon. Friend said, major manufacturers in this country are already questioning their long-term commitment to it as a result of the uncertainty being created by this Bill.

The Bill conflicts with the Government’s asserted priorities, too. We are told that they are reducing corporation tax to encourage foreign direct investment, but what is the point of doing that if they are at the same time reducing the potential market for the products that would be generated by that investment from 500 million people to 60 million? The two policies are totally contradictory, as outsiders with money to invest in Britain will notice.

The situation has particular importance for my west midlands constituency. It is fair to say that the recession has not had nearly as bad an overall impact as it might have had, largely because of the rejuvenation and renaissance of the motor industry, which has been centred in particular on the expansion of Jaguar Land Rover. My constituency has more foundries than any other, and they are often third, fourth or fifth-tier suppliers to the motor industry. The prospect of a reduction in investment in the key manufacturers in the motor industry is bound to have an impact on the economic prospects of my constituents.

[Wayne David]

My hon. Friend makes an extremely important point. One thing that is evident from the debate is that there is not an appreciation of the importance of the single market to the European Union. Does he agree that if anything is central to the whole European project, it is the single market?

[Mr Bailey]

I totally agree. British car manufacturing is a success story; 80% of what we make is exported, with 50% of it going to Europe—Jaguar Land Rover’s major market is the United States. If the Bill goes ahead and there were to be a referendum whereby Britain came out of the EU, we would lose out not only on our major car market, but on the investment, marketing and manufacturing that would go to other countries.

I wish to discuss one other aspect that has perhaps not had the consideration it deserves. We are engaged in an EU-US free trade negotiating process, which, again, will have profound consequences for the British car industry and, in particular, Jaguar Land Rover. The uncertainty created by a decision to pass this Bill and the prospect of our coming out of the EU is bound to affect the final settlement of those negotiations. It is not possible to believe that the US would be prepared to have one settlement with the EU and another with this country. Only by our membership of the EU are we able to have a united position that will give a potential market for cars for both the US and the EU, with enormous benefit. The potential of such an agreement has been estimated at £4 billion to £10 billion in this country.

I could go on, but I recognise that many other hon. Members wish to speak. The crucial point is that the Bill injects an element of uncertainty into much needed foreign direct investment in key strategic industries in this country, particularly affecting the west midlands and my constituency. That is why I am not prepared to back the Bill, and I urge others hon. Members to take the same approach.

[Wayne David]

I think it is fair to say that we have had an interesting few days. One reason is that the hon. Member for Stockton South (James Wharton) has not been present very often. It is a good parliamentary skill to have a light touch, but it is possible to take things too far.

[Mike Gapes]

My hon. Friend ought to be fair to the hon. Member for Stockton South (James Wharton)—he has been present, but he has not been participating.

[Wayne David]

The hon. Gentleman has obviously been a very discreet presence; I thank my hon. Friend for that intervention.

It has also been an interesting few days because the hon. Member for Windsor (Adam Afriyie) tabled an important amendment—a very brave one, given the criticism from his colleagues. Unfortunately, he is not present either; I have not caught sight of him since his amendment was unsuccessful.

We should give collective thanks and praise to my hon. Friend the Member for Ilford South (Mike Gapes) for the large number of amendments he has tabled. Many were probing amendments, which allowed us to have an effective debate and probe the central themes underlying the Bill. Above all, his amendments showed that the Bill has many profound weaknesses; I shall focus on three of those.

First, a fundamental weakness is that the Bill as it stands is an essentially unconstitutional attempt to bind a future Parliament to a decision made in this Parliament. We are well aware of the erudite comments of the constitutional expert Dicey, who said that such a thing was fundamentally contrary to the principle of parliamentary democracy. Attempts have been made to bind subsequent Parliaments to decisions, and they have all come unstuck; all have been unfortunate experiences. I very much regret that although the Government, or the Conservative element of the Government, might declare that that is not the case, there is a profound constitutional question mark over the Bill.

Secondly, as several hon. Members said, the Bill intrinsically creates uncertainty—uncertainty about our membership of the European Union. As Britain is above all else a trading nation, clarity is required about our future trading relations, and our most important trading partner is the European Union. That is a fact. It is not a subjective statement; it is an entirely objective one. Therefore, the question mark that the Bill places over our future membership is extremely damaging and debilitating to Britain’s national interests.

There is another profound weakness in the Bill: the nature of the question that would appear on the ballot paper. It is:

“Do you think that the United Kingdom should be a member of the European Union?”

There are many serious weaknesses in that question. Weaknesses have been pointed out by Members of this House, but perhaps more important weaknesses in that question have been pointed out by the Electoral Commission.

The Electoral Commission, as others have said, and which I will repeat because it is so important, is the impartial body that is charged with ensuring that elections of all sorts in this country are conducted fairly. It is profoundly concerned about the wording in the Bill. It has said that the opening phrase, “Do you think that” should be replaced with “Should”. That is a very fair comment. It also says that it would be far better that the question was more open-ended. The question currently says,

“should be a member of the European Union”.

It would be far better if it were less ambiguous and did not imply that Britain at present was not a member of the European Union. The Electoral Commission has gone a stage further and said that perhaps there is scope for Parliament to consider whether, rather than a yes or no question, two alternative statements should be put forward and Members should be able to select which statement they prefer. Sadly, there has not been an opportunity in this House to have that kind of important debate, which the Electoral Commission has suggested.

It is important to recognise that this issue exercises the minds of many in the country, but what has come through clearly from the debate during the last few days above all else is that, yes, people are interested in whether we should continue to be a member of the European Union, but they are also concerned about the lack of information in the public domain to enable them reasonably to come to a conclusion. I hope that the Government will say that there is a need to end the partisan point-scoring on this fundamentally important issue to Britain’s future, and embark upon a bipartisan, cross-party public information campaign, so that people are aware of the important issues at stake. That point is clearly made by the Electoral Commission, and I hope to goodness that in the interests of democracy the Government recognise the need for that to take place.

I very much hope that the Bill will go from this House today to the other place, where I have every confidence that there will be a sensible and rational debate and that amendments will be tabled and agreed to, and that the Government will be positive in their engagement with the other place and will respect the enormous knowledge and expertise there, particularly on European issues. If that is the case, there will be a productive period of consideration in the other place, and when the Bill finally returns to this House, it will be a better Bill as a consequence.

[Mike Gapes]

I begin by thanking the hon. Member for Stockton South (James Wharton) for giving us the opportunity to have this extensive three days of discussion of the European Union and issues relating to it. I hope that we will have opportunities later this year and next year to continue such discussions so that we can at last begin to get through the fog of distortion that unfortunately is too prevalent in our newspapers.

I am pleased that the Foreign Secretary is in his place, and I will be quite happy to take interventions from him, even though he was too frit to take one from me. I want to remind the Foreign Secretary about referendums and the Conservative party. He was a Minister in John Major’s Government, who did not give a referendum on the Maastricht treaty. Just a few days ago, John Major was quoted as saying that the Bill was not worthy of his support, and that leaving the European Union would be “folly beyond belief”. Will the Foreign Secretary now intervene and tell me whether he agrees that leaving the European Union would be “folly beyond belief”? If he does not want to respond on that issue, he might wish to comment on Lord Heseltine’s statement that the whole process, which has been instigated by the Conservative party, is “an unnecessary gamble” with Britain’s future. [Interruption.] If the hon. Member for Dover (Charlie Elphicke) wishes to intervene rather than shouting at me, I will be happy to take an intervention. If anyone on the Government Benches wishes to intervene rather than muttering and shouting, I will happily give way. If not, I will carry on.

The hon. Member for Windsor (Adam Afriyie), who unfortunately seems to have been in some kind of retreat since he lost the vote on his amendment, will be aware, as will other Members, that I voted for that amendment. I was the only Labour Member to do so. That has caused some confusion on the UKIP website, where messages are going out praising those brave souls who voted for a referendum in 2014. Of course, that includes me, and that is a bit contradictory given some of the other messages about me on the UKIP website; but they will get their line right eventually.

The hon. Gentleman did something very important in highlighting the fact that if we are to have an in/out referendum we should not create a situation of three or four years of unnecessary uncertainty. It has been said of Nissan, but it could apply to many other companies wishing to invest in the European market, whether from South Korea, China or the United States, that potential investment could be put at risk. Such companies could choose to go to another English-speaking country in the European single market, such as the Irish Republic or other countries where they could create investment with certainty beyond 2017 and into the future.

I do not wish to delay the House for too long, but I want to make some important points about this very bad Bill. The Bill has been amended only very specifically with regard to allowing people who are residents of the British overseas territory of Gibraltar to vote in the referendum. The original proposal presumably resulted from an oversight by the Government, who forgot about Gibraltar being part of the European Union in terms of voting in the European Parliament elections. However, British citizens in other British overseas territories will not be allowed to vote in the referendum, although their relationship with the European Union is central to many aspects of their life and their future, and UK membership has big implications for them as well. A few weeks ago, a Committee considered the relationship of the overseas territories of the UK, France and others to the European Union. Our overseas territories people have been rejected by a Conservative whipped vote against one of my amendments. As a result, this message should go out very clearly to British overseas citizens: “The Conservative party does not have your interests at heart—it doesn’t support you.”

Similarly, 1.4 million British people live elsewhere in the European Union. Many of those people—I have received e-mails from some of them—have been living in other European countries for more than 15 years and are therefore unable to register to vote in a European election or any other election in this country. They are excluded from the terms of this referendum, and their future could be put in jeopardy. If someone is living in Spain and suddenly their home country is no longer part of the European Union, and their citizenship is then of a non-EU state as opposed to an EU state, there could be huge implications for their future in Spain or in any other EU country. We are denying those people democracy.

Some people are claiming that I am being undemocratic because I am trying to subject—[Interruption.] Yes, some of them are over there on the Conservative Benches. These are the same people who voted against the right of British people living elsewhere in the European Union to have a vote in the referendum. That is what is undemocratic. Conservative Members do not believe that British people living elsewhere in Europe should have a say in this referendum. Only 20,000 people are currently registered as overseas voters, and therefore more than 1 million British people would not be able to take part in this process. Frankly, that is a disgrace.

There are other anomalies such as the situation of people who are married to citizens of other EU countries and living in Britain, with their children in schools or universities here. Those people have an intense interest in the relationship between the United Kingdom and the rest of the European Union. Yet, although we allow them to vote in European Parliament elections, we are to take away the right of those new Europeans to vote in a referendum on the relationship between the EU country from which they originally came and that in which they now live. That is another democratic disgrace. It is typical of the Conservative party. Instead of caring, it has decided to follow the little UKIP tail, which is now wagging the dog that is the Conservative party.

My hon. Friend the Member for Caerphilly (Wayne David) has highlighted how the question has been drawn up for party political reasons. The Daily Mail revealed a few months ago that the original wording had been changed in order to make it more friendly for the Eurosceptics. Frankly, that is typical of this whole exercise. This Bill is not about democracy or giving the British people a choice; it is about the internal mechanics of the Conservative party and managing its internal divisions.

As has been said, this Parliament cannot commit a Parliament that will be elected in 2015 to doing something. The people behind this Bill and the Ministers involved know perfectly well that it is the decision at the 2015 general election that will make the difference. This is a political ploy to try to assuage the Europhobic wing of the Tory party and to keep them on board. The Foreign Secretary and other Ministers are playing a game with their colleagues.

I will not vote against this Bill today, because I believe that the House of Lords now has to subject it to the scrutiny that we have only been able to touch the surface of. The House of Lords needs to take up the issues in greater detail than we have been able to, look at the inadequacies of this woeful Bill and expose its contradictions. I do not know how long it will take the House of Lords to do that—this House might get the Bill back at some point—but it needs to do its job properly and not be bounced or have closure motions pushed on it to prevent it from properly scrutinising the provisions.

I am pleased to have played a small part in trying to ensure that this Bill has received proper scrutiny in this House, which is what parliamentary democracy is about. The day we move to plebiscitary democracy will be the day we undermine the rights of Members of Parliament, and that would be terrible.

[Wayne David]

My hon. Friend is making a very important point. Does he agree that it is disgraceful that the Europe Minister dismissed out of hand the excellent points my hon. Friend has made and the excellent amendments he has tabled in order to facilitate this and previous debates?

[Mike Gapes]

I am grateful for my hon. Friend’s remarks.

In conclusion, I want to get to the heart of the issue and consider what the terms would be of any renegotiated settlement relevant to a 2017 referendum. We do not know when that will happen; it might happen during the British presidency, but the situation, like many other things in the Bill, is ambiguous. A few months ago, the Foreign Affairs Committee, which is a cross-party Committee with a wide spectrum of views on the issue of Europe, produced a report on which we agreed unanimously, in which we said that

“we are clear that UK proposals for pan-EU reforms are likely to find a more favourable reception than requests for further ‘special treatment’ for the UK. We are sceptical that other Member States would renegotiate existing EU law so as to allow the UK alone to reduce its degree of integration, particularly where this could be seen as undermining the integrity of the Single Market. The Government must reckon with the fact that the body of existing EU law is a collective product in which 27 countries have invested. Our sense is that other Member States want the UK to remain an EU Member. However, we do not think that a UK Government could successfully demand ‘any price’ from other Member States for promising to try to keep the UK in the Union.”

That is the essence of the point. The Government—at least the Conservative party—are trying to sell us a pig in a poke; they are trying to sell us a blank sheet of paper and they have not defined their terms for renegotiation. Indeed, the Foreign Secretary told the Foreign Affairs Committee that that process would not even start until after the general election.

The Bill is a disgrace; it should not be supported, and I hope that the House of Lords will do justice to it and amend it significantly.

Question put and agreed to.

Bill accordingly read the Third time and passed.