European Union (Referendum) Bill

Debate between William Bain and Baroness Laing of Elderslie

Friday 8th November 2013 Commons Chamber

[Madam Deputy Speaker]

Order. The hon. Gentleman can resume his seat. He has already attempted to make a point of order. He has received an answer from Mr Speaker, and he may well have an opportunity at some point in the future to make a debating point during a debate, but it is not a point of order.

Clause 1

Referendum on the United Kingdom’s membership of the European Union

[Mr Bain]

I beg to move amendment 68, page 1, line 3, at end insert—

‘(1A) Before the appointment of the day on which the referendum is to be held, the Secretary of State shall consult the bodies listed in the Schedule (Organisations to be consulted before a referendum on the United Kingdom’s membership of the European Union) on the merits or otherwise of the United Kingdom remaining a member of the European Union and shall lay before Parliament a report of the consultation.’.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 76, page 1, line 4, leave out subsection 2.

Amendment 21, page 1, line 4, leave out from ‘held’ to end of line 6 and insert ‘on 7 May 2015’.

Amendment 3, page 1, line 4, leave out ‘before 31 December 2017’ and insert ‘on 23 October 2014’.

Amendment 25, page 1, line 4, leave out ‘31 December 2017’ and insert ‘1 July 2017’.

Amendment 22, page 1, line 4, leave out ‘2017’ and insert ‘2014’.

Amendment 23, page 1, line 4, leave out ‘2017’ and insert ‘2015’.

Amendment 24, page 1, line 4, leave out ‘2017’ and insert ‘2016’.

Amendment 26, page 1, line 4, leave out ‘2017’ and insert ‘2018’.

Amendment 27, page 1, line 4, leave out ‘2017’ and insert ‘2019’.

Amendment 77, page 1, line 4, after ‘2017’, insert ‘and not between 31 July and 1 December 2017’.

Amendment 4, page 1, line 5, leave out subsection (3).

Amendment 58, page 1, line 5, leave out subsection (3) and insert—

‘(3) The Secretary of State shall establish a European Union Referendum Commission to consider the date or dates on which the referendum is to be held.

(3A) The Commission shall report to the Secretary of State within 12 months of its establishment.

(3B) The Secretary of State shall by order provide for the date or dates to be implemented as recommended by the Commission.’.

Amendment 59, page 1, line 5, leave out subsection (3) and insert—

‘(3A) The Commission shall consult with and seek to secure agreement from the devolved administrations on the date or dates to be appointed for the referendum.’.

Amendment 62, page 1, line 5, leave out subsection (3) and insert—

‘(3) The date shall be appointed in accordance with the conclusions of the Speaker’s Committee for the Referendum on the United Kingdom’s membership of the European Union, as established under Schedule (Speaker’s Committee for the Referendum on the United Kingdom’s membership of the European Union).’.

Amendment 28, page 1, line 5, leave out ‘31 December 2016’ and insert ‘7 May 2015’.

Amendment 31, page 1, line 5, leave out ‘31 December 2016’ and insert ‘1 July 2017’.

Amendment 29, page 1, line 5, leave out ‘2016’ and insert ‘2014’.

Amendment 30, page 1, line 5, leave out ‘2016’ and insert ‘2015’.

Amendment 32, page 1, line 5, leave out ‘2016’ and insert ‘2017’.

Amendment 33, page 1, line 5, leave out ‘2016’ and insert ‘2018’.

Amendment 12, page 1, line 6, at end insert—

‘(3A) Before appointing the day on which the referendum is to be held under subsection (3) above, the Secretary of State shall consult leaders of the principal faiths represented in the United Kingdom so as to identify days which it would be inappropriate for him to appoint for holding the referendum, and he shall pay due regard to the outcome of those consultations in appointing the day.’.

Amendment 13, page 1, line 6, at end insert—

‘(7) The day on which the referendum is to be held shall not be the same day as—

(a) a general election for the United Kingdom Parliament;

(b) elections to the European Parliament;

(c) a Scottish parliamentary general election;

(d) a Welsh Assembly general election;

(e) a general election for members of the Northern Ireland Assembly;

(f) any local government election;

(g) a mayoral election in London; and

the terms above shall be defined as in section 4 of the Parliamentary Voting System and Constituencies Act 2011.’.

Amendment 70, page 1, line 6, at end insert ‘, subject to subsection (3A) below.

‘(3A) The Secretary of State may not appoint a day on which the referendum is to be held until he has published a detailed analysis of the consequences of the United Kingdom—

(a) remaining, or

(b) not remaining a member of the European Union, including—

(i) the economic and social consequences of withdrawal from the European Union for the people of the United Kingdom,

(ii) the consequences for the United Kingdom’s overseas territories,

(iii) the consequences for prevention of crime and terrorism in the United Kingdom,

(iv) the consequences for climate change and the environment of the United Kingdom, and

(v) the consequences for the effectiveness of the foreign policy of the United Kingdom.’.

Amendment 78, page 1, line 6, at end insert—

‘(3A) The date appointed under subsection 1(3) must not be less than 28 weeks in advance of the proposed polling day.’.

Amendment 9, page 1, line 14, at end add—

‘(7) The referendum shall be held on Thursday.’.

Amendment 10, page 1, line 14, at end add—

‘(7) The referendum shall be held over two days on a Saturday and Sunday.’.

Amendment 11, page 1, line 14, at end add—

‘(7) The referendum shall be held over three days on a Thursday, Friday and Saturday.’.

New schedule 1—‘Speaker’s Committee for the referendum on the United Kingdom’s membership of the European Union—

( ) There is to be a committee known as the Speaker’s Committee for the Referendum on the United Kingdom’s membership of the European Union (“the Committee”) to consider the day to be appointed for the referendum.

( ) The Speaker’s Committee shall consist of the Speaker of the House of Commons, who shall be the chair of the Committee, and the following other members, namely—

(a) the Member of the House of Commons who is for the time being the Chair of the Foreign Affairs Select Committee of the House of Commons;

(b) the Lord President of the Council;

(c) a Member of the House of Commons who is a Minister of the Crown with responsibilities in relation to foreign affairs; and

(d) five Members of the House of Commons who are not Ministers of the Crown.

( ) The member of the Committee specified in subsection (2)(c) shall be appointed to membership of the Committee by the Prime Minister.

( ) The members of the Committee specified in subsection (2)(d) shall be appointed to membership of the Committee by the Speaker of the House of Commons.

( ) The Speaker’s Committee shall make a report to the House of Commons on the exercise by the Committee of their functions.’.

New schedule 2—“Organisations to be consulted before a referendum on the United Kingdom’s membership of the European Union—

(a) the Confederation for British Industry,

(b) the National Farmers Union,

(c) the Trades Union Congress,

(d) the National Association of Citizens Advice Bureaux,

(e) the Association of Chief Police Officers,

(f) Universities UK,

(g) the National Council of Voluntary Organisations,

(h) Friends of the Earth,

(i) the Local Government Association, and

(j) other organisations as the Secretary of State shall see fit.’.

[Mr Bain]

It is a pleasure to speak in the Chamber for the first time under your chairmanship, Madam Deputy Speaker. It is a delight.

I shall speak to amendments 68 and 70, in my name, as well as new schedule 2, which is also in the name of my right hon. Friend the Member for Neath (Mr Hain). The reason why this group of amendments is so important is that the discussions between the Bill’s promoter, the hon. Member for Stockton South (James Wharton), and the Government have been in many ways one-sided. It has been an internal discussion within the Conservative party. It is time that that discussion is broadened out to include all the interest groups and all the people of this country who would be affected by the Bill and who would be affected—in my view, very badly indeed—if Britain chose to withdraw from the European Union.

--- Later in debate ---

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

On a point of order, Madam Deputy Speaker. I am reading the amendment very carefully. It talks about the need to consult before the referendum

“on the merits or otherwise of the United Kingdom remaining a member of the European Union”,

but is that a pretext for us now to have a debate about the merits or otherwise of remaining in the European Union, or should we stick to the amendment?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

The hon. Gentleman is correct to suggest that it is not a pretext. I am listening very carefully to the hon. Member for Glasgow North East (Mr Bain), and if he strays into the area that the hon. Gentleman has suggested he might, then he will not be allowed to stray further.

[Mr Bain]

I give way to my hon. Friend.

--- Later in debate ---

[Mr Jenkin]

On a point of order, Madam Deputy Speaker. It is quite clear that the hon. Gentleman is using this debate as a vehicle to make the CBI’s case in favour of membership of the European Union. That is not the subject of the amendment, which he should be sticking to.

[Madam Deputy Speaker]

I am grateful to the hon. Gentleman for his point. I am certain that the hon. Member for Glasgow North East (Mr Bain) will not use the next few minutes to do what the hon. Gentleman has suggested he might. I am sure that he will stick very carefully to discussing those who will be consulted within the strict terms of his amendment and no further.

[Mr Bain]

Absolutely, Madam Deputy Speaker.

Through these amendments, I seek to give Parliament and, indeed, many interest groups in wider society the degree of consultation that was given in the 1975 referendum.

--- Later in debate ---

[Mike Gapes]

Is not the reason for this strange arrangement that there could be no consultation because it would never have been agreed to in Government? We therefore have the bizarre process of debating a private Member’s Bill that is backed by Ministers.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Once again, I am sure that the hon. Member for Glasgow North East (Mr Bain) will recognise that that intervention was not in order because it did not relate to the matter in hand.

[Mr Bain]

Thank you for that ruling, Madam Deputy Speaker.

There is an even stronger parallel to be drawn between the amendment and the Scottish referendum. The Government claimed rightly in January 2012 that setting an arbitrary date four years in the future for a referendum on a plan for Scotland to separate from the United Kingdom would create unnecessary uncertainty for inward investment and business. How can the Government believe that it is appropriate to have four years of uncertainty before a referendum on the United Kingdom’s membership of the European Union? Surely the same argument applies, particularly given that the EU referendum, unlike its Scottish counterpart, would be conducted on the basis of a pre-negotiated treaty to alter the conditions of membership, which the Prime Minister may not even be able to achieve.

Let us not forget that the Prime Minister hopes to pull off the coup of negotiating such a treaty at a time when the UK will hold the presidency of the EU and ought to be prioritising the completion of the single market and boosting growth, jobs and trade; when there will just have been a French presidential election; and in the run-up to the next German federal elections. The window for getting the type of treaty that the Prime Minister believes is possible will be very small.