European Union Bill

Debate between Wayne David and Graham Stringer

Monday 24th January 2011 Commons Chamber

[Mr David]

There are two problems with that intervention. The first concerns the issue of detail. We have already seen the Government getting themselves into a right knot, bringing forward new amendments to plug some of the gaps that they have left. My guess is that, even at the end of the day, if this Bill goes through, there will still be gaps. The other issue concerns constitutional creep, and I will come to that point later, because there are exceptions in the Bill, which I will touch on.

The role of Parliament should be absolutely central to the issue of Europe—and, indeed, to all our deliberations. It is Parliament that should formally and properly consider such issues; it is Parliament that should devote the time to focused debates and deliberations on the pros and cons of any change; and it is Parliament that is accountable to the people. Hopefully, before too long there will be a House of Lords that is wholly or partly elected, and then both Houses will be answerable to the people for their actions. That is surely the essence of representative democracy. Indeed, in recent times the most authoritative inquiry into the role of referendums has come from the Lords Select Committee on the Constitution, whose report was published last year. After hearing from many witnesses, the Committee concluded:

“The balance of the evidence that we have heard leads us to the conclusion that there are significant drawbacks to the use of referendums.”

It continued:

“Notwithstanding our view that there are significant drawbacks to the use of referendums, we acknowledge arguments that, if referendums are to be used, they are most appropriately used in relation to fundamental constitutional issues.”

That report is important and should be acknowledged. However, it is not just the opinion that that House expressed that is significant; the evidence that was submitted is also important. In an important appendix to the report, it was pointed out that the distinguished commentators David Butler and Austin Ranney had noted that

“while the vast majority of democracies”

throughout the world

“have held referendums, only a few have institutionalised them, and used them in anything other than an ad hoc fashion. The vast majority of referendums are held at founding moments: decisions about joining a state or federation, accepting or rejecting new constitutions, or making constitutional revisions.”

If the Bill reaches the statute book in its present form, not only will it be at odds with common sense; it will also be out of step with most of the world’s democratic states. And before any Members think that the Lords Constitution Committee was packed with Labour Peers, I would simply point out that they were in a minority on the Committee.

In the second excellent report produced by the European Scrutiny Committee, chaired by the hon. Member for Stone (Mr Cash), one of the key witnesses, Professor Simon Hix, lucidly made the case for the limited, rather than widespread, use of referendums. I would not agree with everything that Professor Hix argued, but he was absolutely right when he said:

“Referendums are a legitimate tool, but often they are not regarded as legitimate unless they are on major constitutional questions. In a democracy we believe that ultimately sovereignty resides with the people, so it is legitimate that referendums should be used for major constitutional changes.”

Professor Hix was correct in his argument about major constitutional issues. He was also correct to question the wisdom and legitimacy of referendums on much smaller, technical issues.

[Graham Stringer (Blackley and Broughton) (Lab)]

I understand the logic of my hon. Friend’s argument, but, given the profound changes since 1975 in the prospectus set out by members of all three parties in the House, is there not now a thirst among the public for a referendum, either on whether we should be in or out of the European Union or on some of the other issues of major constitutional significance—from the Single European Act to the Lisbon treaty—on which they have not been consulted?

[Mr David]

I have to say that I have not had one constituent come into any of my surgeries since the last election—or, indeed, during the last Parliament—to raise this issue with me. People are concerned about their jobs, their livelihoods, and, under this Government, their falling standards of living. Those are the issues that we should be focusing on. Nevertheless, we are addressing the issue before us today, the European Union Bill.

--- Later in debate ---

[Mr David]

Part of the problem, as was mentioned earlier, is that we are talking about a Government making subjective decisions, and the courts have ultimately said that such decisions are political. Given the lack of clarity and the level of obfuscation in the Bill, my contention is that the courts are likely to come to exactly the same conclusion in future.

[Graham Stringer]

I share my hon. Friend’s worry about judicial review and the interference of the courts in what should be the business of the House. Given that, does he intend to support amendment 11, tabled by some of our hon. Friends, because it would get over that point?

[Mr David]

The Committee will have to wait to see how we will decide to vote.

I should like to finish the point about judicial reviews. Why do the explanatory notes refer to the so-called safeguard of judicial review on no fewer than four occasions? The reason is obvious: it is an attempt by the Government to give the wrong impression. It is yet another example of smoke and mirrors. The Minister has already promised to amend the woefully inadequate explanatory notes in one respect, but I urge him to rewrite them with regard to judicial reviews.