Business of the House
Debate between William Cash and David Lidington(7 years, 7 months ago)
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Mr Lidington
I am happy to join the hon. Gentleman in his salute both to the Royal British Legion in Gateshead and to the work done by Gateshead Council.
We will always do our best to ensure that there is no unnecessary intrusion of statements on Back-Bench business time, but there are always contending pressures for limited parliamentary hours. Just as Government business sometimes gets curtailed because of the need for time for statements or urgent questions, that applies to Back-Bench business as well. We will try to be as helpful as we can to the hon. Gentleman and his Committee.
Sir William Cash (Stone) (Con)
The Government have rightly decided to appeal to the Supreme Court. Does my right hon. Friend appreciate that the vote to leave the European Union was fundamentally based on a sovereign Act of Parliament that expressly transferred the decision from Parliament to the voters of the United Kingdom as a whole?
Mr Lidington
As I recall, during the debates on the European Union Referendum Bill, hon. Members on both sides of the House agreed and said in their speeches that that was the political consequence of enacting it. The Court has come to its judgment and we will make a further statement on Monday, after the Attorney General has had the chance to look at it in detail.
Government Referendum Leaflet
Debate between William Cash and David Lidington(8 years, 1 month ago)
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Sir William Cash (Stone) (Con)
My right hon. Friend must accept not only that any reasonable person would regard this leaflet as propaganda—as is already being said in all the national newspapers and in blogs right the way across the land—but that it is unfair to the British taxpayer, who is having to bear the burden of the leaflet’s cost. Will he please explain to me personally why he has broken the undertaking that he gave to me on the Floor of the House when debating the 2015 Act? I had put forward an amendment calling for accuracy and impartiality, and when I said I would withdraw my amendment if he was prepared to say that that would be the case, he said that information would “certainly” be accurate and impartial. This leaflet is not. Will he explain to the House why he has broken that undertaking?
Mr Lidington
I reject that assertion. My hon. Friend’s intervention on 8 December last year was specifically about information brought forward under the terms of the Lords amendments that have subsequently been incorporated into the 2015 Act, and, as I said earlier, this leaflet is outwith the scope of the obligations under that Act. I also refer him, as I have referred other hon. Members, to the fact that the Government have published the factual and statistical evidence upon which each of the statements made in the leaflet is based. Now, if my hon. Friend wants to go away and challenge some of those findings—the statistical surveys or the independent reports that we cite in those footnotes—he is free to do so, but I believe that the Government have acted reasonably and responsibly in presenting their case clearly to the British people.
Referendums
Debate between William Cash and David Lidington(8 years, 3 months ago)
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The Minister for Europe (Mr David Lidington)
I beg to move,
That the draft European Union Referendum (Date of Referendum etc.) Regulations 2016, which were laid before this House on 22 February, be approved.
The statutory instrument before us does a simple, but critical job: it puts in place the necessary legislation to enable a referendum to be held on 23 June this year. It is the last piece of legislation that will be debated in this Chamber to make that vote possible. As such, it represents Parliament taking the final steps towards an historic moment when, for the first time in over 40 years, the British people will be given their say on the United Kingdom’s membership of the European Union.
My right hon. Friend the Prime Minister announced a few days ago his intention to hold the referendum on 23 June, and the Government believe that that strikes an appropriate balance, giving plenty of time for a vigorous and comprehensive debate. Ultimately, however, the date is a matter for Parliament to decide, and as set out in the European Union Referendum Act 2015, it is a decision that must be approved both here and in the House of Lords.
Sir William Cash (Stone) (Con)
I am fascinated by my right hon. Friend’s reference to vigorous and open debate, because it is quite clear from the preceding urgent question and from many other matters that have come to light recently that the one thing that everybody needs—information—is the one thing that people are going to find themselves deprived of. If the voters do not have balanced, impartial and accurate information, what are they supposed to do?
Mr Lidington
My advice to any elector would be to look at what the Government are saying and advising, but also at what the various campaign groups and other organisations in this country are saying. I will come later to the designation of campaign organisations. We need this statutory instrument to be approved, among other things, to make it possible for the Electoral Commission to go ahead and designate the campaign groups on each side of the argument, and give them access to the privileges that come with that status, precisely so that they can go out and present their case and make information and argument available to the people to whom my hon. Friend refers.
European Affairs
Debate between William Cash and David Lidington(8 years, 3 months ago)
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Mr Lidington
The United Kingdom is the signatory to the European treaties, and therefore it is the UK Government who take the decision on whether to invoke article 50.
My hon. Friend the Member for Ribble Valley (Mr Evans) raised important points about what he saw as security risks from people who had migrated to Germany crossing to the United Kingdom. My hon. Friend the Member for The Wrekin (Mark Pritchard) said, accurately, that we have some pretty effective security arrangements at our borders and that the record shows not only that the chief terrorist threat to the United Kingdom too often comes from British citizens, but that there have been terrorist incidents abroad that have been brought about by people who were British born and bred. In Germany, it takes eight to 10 years for someone to get citizenship, and they have to have a clean criminal record, pass an integration test and show that they have an independent source of income. It is probably because those tests are so rigorous that only 2.2% of refugees in Germany take German citizenship and get German passports. What we can and do do here is stop people, including EU citizens, at our borders and refuse entry to anyone about whom there is information of terrorist links. Some of my hon. Friends overlook the fact that our safeguards against terrorism are stronger precisely because we are party to the various European agreements on data sharing and information sharing, such as on passenger name records, which we would be outwith if we were to leave the European Union and were unable to negotiate some alternative arrangement.
The key question in deciding our position on membership is one my hon. Friend the Member for South Dorset (Richard Drax) touched on: how will we be better able to control our destiny and influence for good the lives of the people whom we represent? The point that the leave campaigners must face is that the alternatives that we see—most notably Norway and Switzerland—are countries that, in order to get free trade and the single market, have had to accept not only all the EU regulations that govern those matters without any say or vote in determining them, but the free movement of people and a duty to contribute to the EU budget. That is not sovereignty, but kingship with a paper crown. It would not bring the power to shape European policy and co-operation for the benefit of the people whom we are sent here to represent from all parts of the United Kingdom.
What has dismayed me during this debate is that, apart from my hon. Friend the Member for Gainsborough (Sir Edward Leigh), there has been little attempt to describe what the alternative is that will somehow enable us to have all the things that we value about European Union membership with none of the things that may matter to other Governments around Europe and which we perhaps find irksome or troubling.
Mr Lidington
No, I will not give way.
I am bemused that some of my hon. Friends have managed to convince themselves of two propositions: that other European countries are at present engaged in what has been termed a “vindictive and spiteful” attempt to harm our interests or a conspiracy to do us down; and that those same Governments will rush to give us everything that we want with none of the downsides if only we vote to leave. That is a fanciful analysis of European politics today. If we accept that we want a single market, we must have the EU rules that go with it and the other costs, such as those that Norway and Switzerland have to pay today.
We are putting so much at risk at a time of real peril not just for this country but for the whole of the west. We face a massive economic challenge from global competition and digital technology; a challenge from transnational crime and global terrorism; the collapse of states in parts of Africa and the middle east, which has allowed terrorism, people trafficking and drug trafficking to flourish; and the challenge from a newly aggressive Russia in both eastern Europe and the middle east. No one country in Europe, not even the biggest, will be able to tackle those challenges on its own. That is why our key allies—not just those in Europe, but the United States, Canada, Australia and New Zealand—see the United Kingdom as stronger and more influential in the world as a leader in our own continent. I am dismayed by the insouciant attitude of those who want to leave to the risk that their campaign poses of the possible fragmentation of the west. It is truly shocking.
We need to have confidence in this country’s ability to lead and shape events in Europe, as we have done in creating the single market, in pioneering free trade deals, in organising a firm response through sanctions to Russian aggression in Ukraine and to Iran’s nuclear programme, and in defeating piracy in the Indian ocean.
The United Kingdom should be confident in our ability to work with allies in Europe and around the world. We should not see the two things as in any way contradictory. As we look to the future and face again the challenges of large-scale migration driven by terrorism, failed states, climate change and economic problems in much of the developing world, we need to work together with our partners and our allies, because none of us can tackle that on our own. We see the United Kingdom today as a European power with global interests and global influence. Those two aspects of this country are not contradictory; they complement one another. We need to go forward with the confidence and optimism that the United Kingdom can help make a better future not just for every family in this country but for all the nations of the wider European family. That is the case that I and my right hon. and hon. Friends will be putting to the country in the months to come.
Question put and agreed to.
Resolved,
That this House has considered European affairs.
Parliamentary Sovereignty and EU Renegotiations
Debate between William Cash and David Lidington(8 years, 4 months ago)
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The Minister for Europe (Mr David Lidington)
The hon. Member for North West Durham (Pat Glass) said that this had been a long debate. I confess that for me it passed in a twinkling of an eye. As the hon. Lady gains in experience of these occasions, I think she will find that this was quite a brief encounter with some of the arguments about this country’s place in Europe.
I congratulate my hon. Friend the Member for Basildon and Billericay (Mr Baron) on obtaining the debate. I shall move straight to addressing the central arguments that he described in his speech. He is right that parliamentary sovereignty lies at the heart of how the United Kingdom thinks about its constitutional arrangements, and it is true that Parliament remains sovereign today. As I think he himself said in his speech, there is only one reason why European law has effect in the United Kingdom at all, and that is because Parliament has determined that that should be so and has enacted laws which give European law legal effect here.
To avoid any misunderstanding about the fact that any authority that EU law has in Britain derives from Parliament itself, we wrote into the European Union Act 2011, in section 18, that the principle was clear—that European law has direct effect in the United Kingdom only because of Acts of Parliament. As my right hon. Friend the Prime Minister said yesterday, if there is more we can do to make that principle clear, we would be keen to do that. It is open to Parliament, too, to pass laws to rescind the European Communities Act 1972 to end Britain’s membership of the European Union. If that were not the case, if ultimate sovereignty did not continue to lie here, there would be little purpose in our having this national debate about a referendum on British membership.
My hon. Friend the Member for South Dorset (Richard Drax) is right that standing alone in 1940 should continue to be a source of pride and inspiration to everybody in this country from whichever political family they happen to come, but let us not forget that that was never a situation that this country or Winston Churchill sought. It was one forced upon us by defeat, and only a few days or weeks before Churchill’s speech about fighting on alone, he had gone to France and offered France a political union with the United Kingdom in order to try to maintain the struggle against Nazism. If we look back at our great history, we can see how leaders such as Marlborough, Pitt, Wellington, Castlereagh and Disraeli sought to advance the interests of the United Kingdom and the British people through building coalitions of allies and of support among other nations on the European continent.
Mr Lidington
My hon. Friend will forgive me—I have very limited time. Many colleagues have spoken and I want to respond on behalf of the Government.
As a number of hon. Members said, there is concern about the question of ever closer union—about Britain being drawn against its will into a closer political European Union. There are a number of clear safeguards against that. As the hon. Member for Luton North (Kelvin Hopkins) pointed out, we remain opted out of such things as the single currency. We can decide for ourselves whether to participate in individual justice and human rights measures. There are issues such as taxation and foreign and security policy where the national right of veto continues.
We wrote into the European Union Act 2011 a requirement that a referendum of the British people would be needed before this or any future Government could sign up to treaty changes that transferred new competencies and powers from this country to Brussels—to the European institutions. That referendum lock also applies to any measure that moves the power to take decisions at European level from unanimity, with the national veto, to majority voting.
What the draft documents from President Tusk this week explicitly recognise is that there should be different levels of integration for different member states, and that the language and the preamble to the treaty about ever closer union does not compel all member states to aim for a common destination. The fact that this is a draft declaration by the European Council is significant, because the treaty itself says that it is for the European Council to set the strategic political direction of the EU as a whole.
We need to recognise in this House that there are other European countries for whom the objective of ever closer union may be welcome and in line with their national interests. Ministers from the Baltic states have said to me, “When you’ve been through our experience of being fought over by Soviet communism and Nazism, when you’ve lost a quarter of your population to those tyrannies and to warfare, when you’ve lived under Soviet rule for half a century, and then you get back your independence and your democracy, you grab any bit of European integration that’s going because you want that appalling and tragic history not to repeat itself.” We should respect their wish for closer political union, in return for their respecting our clear wish to remain outside such a process.
My hon. Friend the Member for Basildon and Billericay asked whether we would reinvent the EU today. I say to him and to the House very plainly that if we were starting from scratch, I would not start with the treaty of Lisbon, but we are where we are. The debate both in this place and in the country, when assessing the results of the Prime Minister’s renegotiation and the wider issues at stake, should be about whether the interests of the British people whom we represent—their security, their prosperity, their hopes and ambitions for their children—are better served by remaining in the European Union, which I hope will be successfully reformed, but which will still not be perfect, or by leaving and attempting from the outside, de novo, to secure some kind of new arrangement with that bloc of countries. That is the context within which we should consider the specific issues that have been raised in this debate.
I will take trade as an example, because a number of hon. Members have mentioned it. Outside the European Union, we would have the theoretical freedom to negotiate free trade agreements on our own behalf. However, it is not just a matter of speculation, but what leading trading nations say to us, that they are much more ready to negotiate trade deals with a European market of 500 million people, with all the leverage that gives us as a player in that single market, than to negotiate with even a large European country on its own.
UK’s Relationship with the EU
Debate between William Cash and David Lidington(8 years, 4 months ago)
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Mr Lidington
As the right hon. Gentleman knows, the referendum Bill was amended in this House to make it impossible for the referendum to be held on the same day as the elections in Scotland, Wales, Northern Ireland and English local authorities. His right hon. Friend and foreign affairs spokesman, the Member for Gordon (Alex Salmond), has been pressing in this House recently for a six-week quarantine period between the Scottish election date and a referendum being held. Clearly, we take seriously the right hon. Gentleman’s views as the SNP’s official spokesman on foreign affairs, but no decision has been taken about a referendum date, not least because we do not yet have a deal and we will not know whether we do have one until, at the earliest, the February European Council. At the end of the day, it will be a decision for the House, because the referendum date will be set by statutory instrument subject to affirmative resolution.
Sir William Cash (Stone) (Con)
Of course, for all his fulminations, the Leader of the Opposition voted against the Maastricht treaty. Having said that, how can the Minister justify this pint-sized package as a fundamental change in the relationship between the United Kingdom and the European Union, with real democracy for this Parliament, which represents the voters to whom he has himself just referred? Given that there is no treaty change on offer, what guarantee can my right hon. Friend give that, before the votes are cast in the referendum, this package will be not only legally binding but irreversible, which a decision by Heads of State, as proposed by Mr Tusk in the letter to which my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) has referred, cannot possibly achieve?
Mr Lidington
As I am sure my hon. Friend will be the first to accept, the central document in the set issued by President Tusk today is a draft international law decision by the Heads of State and Government meeting at the European Council. That, if it is agreed, will be binding in international law and it could be revoked or amended only with the agreement of all signatories, including the Government of the United Kingdom, so it is, indeed, legally binding. When my hon. Friend has had the chance to explore the documents in more detail, I hope he will accept that, although people have for years said that we could not get a carve-out from ever-closer union, a mechanism for addressing the issue of access to in-work benefits or safeguards for non-euro countries as the eurozone integrates, significant steps towards achieving those objectives are all in the documents. Just as my right hon. Friend the Prime Minister defeated expectations in securing a cut to the EU’s budget, I believe he will defeat some of the more pessimistic expectations of one or two of my hon. Friends.
European Agenda on Migration
Debate between William Cash and David Lidington(8 years, 5 months ago)
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Sir William Cash (Stone) (Con)
The question of the “European Agenda on Migration” and the action plan appear in a motion which we had to urge the Government to split from the previous one. Although there are some differences between them, in practice there are also some important similarities, as the Minister said at the beginning of his speech. However, a number of issues relating to this motion are of grave concern. I remind the Minister that, in his explanatory memorandum on the communications—this was some time ago, but I do not want to go through all that again—he said that the Commission had failed to
“present the correct set of policies to address the problems that Europe is currently facing in the Mediterranean and from mother migratory pressures”.
I am sure that he will understand my asking this question, which is pretty obvious: what are the correct policies, if this is the wrong one?
The Commission considers that the asylum system in the European Union, and the operation of the Dublin rules, are regarded as being “fundamentally unfair”. Let me ask another question. Is the Dublin system broken —and, given the behaviour of the German Chancellor, it appears to me that it is—or can it be repaired? If so, do the Government want it to be repaired? What changes do they want to be made when the Dublin rules are reviewed next year?
The Government have already made it clear that they favour a policy of resettlement—and I thoroughly support them in that respect—rather than relocation. Those words tend to be used rather freely, but resettlement is quite different from relocation. Relocation applies to individuals who are already in the European Union, who have applied for asylum in a front-line member state, and who are presumed, on the basis of their nationality, to be very likely to qualify for international protection. Resettlement, on the other hand, applies to those outside the EU who are admitted from their country of origin or from camps neighbouring conflict areas. Member states have collectively agreed to resettle 22,504 individuals from outside the EU in 2015 on the basis that they are in need of international protection. I have to say that, although that is the assertion, regrettably serious questions have to be raised about the nature of some of the people who claim to be in need of international protection. Many no doubt justify receiving protection, but I then move on to the United Nations convention—the 1951 Geneva convention—and the breadth of the definition that is applied, and my concern is that what we really need is a re-evaluation of the definitions of what is a refugee, what is a migrant and what is an asylum seeker.
I have to say that at the meeting I referred to in the previous debate which took place in Rome only last Friday, at which all the Chairmen of the relevant Select Committees were present, there was in fact an endorsement of my proposal, which I have been putting to various international and EU meetings over the past four months, for a review of these definitions. These definitions have been expanded even from 1951 and now cover so many different areas and types of people that it is extremely difficult to imagine whether any reasonable basis for a refusal to relocate them can be pursued.
We have already heard about the very few—about 100, I think—who have been relocated. The reason for that is part of the problem, which I will come on to in a moment: the charter of fundamental rights, which is applied in this instance and also for the purposes of the Human Rights Act 1998 and the European convention on human rights. I know that people feel very strongly about this on both sides of the equation, and we have agreed that we would repeal the Human Rights Act, but in my judgment the depth of the analysis of the charter needs to be greatly improved. People who are claiming asylum can fall back on these international conventions in a way that creates a blockage of the legal system and the jurisdiction and jurisprudence of the human rights legislation, whether in respect of the charter or the European convention on human rights. There is therefore an increasing statistical and legal problem which is that more and more people are claiming asylum and, effectively, being granted it. I am not saying there are not many cases where that is justified, but I am saying that I think the definitions are so wide that this is becoming a very difficult problem and is not in fact going to lead to any serious policy of returns or deportations.
The Government have underlined the importance of breaking the economic model that encourages criminals to put people in harm’s way at sea, and that has to be highly commended. There are certainly advantages to the effectiveness of Operation Sophia, which has been well supported by the United Kingdom. The trouble is that with many traffickers and smugglers the problems exceed the capacity to deal with them. How effective does the Minister believe Operation Sophia has been because of the absence of an internationally recognised Government in Libya?
I now turn to the question of the extent to which we have entered into a sensible arrangement with Turkey. Turkey and the EU have signed a deal to give Turkey fast-track visa privileges in return for £3 billion-worth of aid and, I believe, the prospect of continuing financial support. There is also the prospect of a revitalised EU membership in return for a commitment to a migration action plan. I am profoundly cynical about this arrangement. I think it is based on giving money, almost in the nature of a bribe to Turkey. From what I have been hearing—and certainly from a meeting I attended very recently—the authorities in Turkey have been by no means diligent in enforcing the arrangements that are supposed to have been in place. The fact that so many people are making their way through the continent of Europe northwards towards Germany, causing an enormous amount of disruption, owes a great deal to the inefficiency with which I believe Turkey has been behaving recently.
In addition to that, without getting into the foreign policy and defence implications, Turkey has been at loggerheads with Russia, and that is a severe complication in relation to concerted action in Syria. Turkey is also profoundly committed to dealing, as it sees it, with the Kurds. That is probably more important to Turkey than anything else in this context, and that is also an obstacle to a coherent policy. I am therefore profoundly cynical about exactly how the Turkey deal will operate.
In terms of these fast-track visa privileges and its desire to come into the EU, we have to bear in mind that there are 78 million people in Turkey already, and I am told that that is increasing at something like the rate of about 1 million every 18 months. As the population expands, Turkish engagement with the EU and people coming over here will increase exponentially.
The Minister for Europe (Mr David Lidington)
I hope my hon. Friend will acknowledge that the discussions about possible future visa liberalisation involve the Schengen countries; they do not involve those EU member states that are not part of Schengen.
Sir William Cash
Unfortunately, the Minister was not here when I spent a little time talking about the Schengen aspect of this in a previous debate. I believe that the current proposals, which increase the range of the border issue to external borders and include Schengen, will burst. This is not going to work. There is not the money to pay for it. The failure rate of Frontex is evident. I believe that the arrangement will not work in future, and the fact that we are not a member of Schengen will not alter the pressures of the kind we have witnessed recently that come as a result of people entering the Schengen area and, having acquired a passport and EU citizenship, making their way through the whole of the EU.
I accept that Schengen is not, for the moment at any rate, part of the UK’s bailiwick, but the pressures that are now beginning to grow are increasing the necessity for us to leave the EU, because, from what I have been hearing from other member states, Schengen is becoming a potent force towards a greater degree of emphasis on political union. It is a most remarkable state of affairs. The Minister for Europe was not here earlier, and I see him puzzling over what I am saying, but I say emphatically that the Schengen agreement is not only under review but already being broken by a series of countries. However, there is an enormous desire to make it work even more effectively. As it does so, the pressures for political union within the Schengen area will tend to increase.
Before I turn to the 1951 UN convention and the EU charter of fundamental rights, I want an answer to the question that I put to the Minister for Immigration earlier about how much, if at all, the United Kingdom is liable to contribute to the EU border force. Is it true that we will contribute £150 million?
European Union Referendum Bill
Debate between William Cash and David Lidington(8 years, 5 months ago)
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Mr Lidington
The amendment refers to “rights, and obligations”, not to “the rights and obligations”. It gives the Government the discretion to select for presentation the rights and obligations that we think will best aid public understanding. I want to make it clear that our purpose in recommending acceptance of these amendments is that they should enable us to provide for greater public understanding. I completely agree with my right hon. Friend that membership of the EU touches on matters other than trade or economic policy. I am sure that the relative balance of advantages and disadvantages that arises out of EU membership on all those issues will be a matter of vigorous debate during the referendum campaign, but we do not envisage that debate taking place in the context of the obligation placed on us by amendment 6.
Lords amendment 6 is about providing factual information on the basis of which the public can take an informed decision. It is also about describing some of the existing arrangements that non-member countries already have with the European Union. We think that that is a better course of action than for the Government to attempt to hypothesise about what the United Kingdom’s future relationship with the EU would be in the event of a vote to withdraw, because that depends on assumptions made about not only the future intentions of the British Government, but the likely response of other European countries.
Sir William Cash
On rights and obligations, the Minister is already beginning to move the argument into the arena of the question of impartiality and accuracy. If the Government pick and choose, the public will not have a clue whether what is chosen suits the Government or them, and it is the voters who will have to make the final choice.
Mr Lidington
To follow my hon. Friend’s logic, the implications of a requirement to provide an exhaustive list would mean going through the entire corpus of EU law—not just the particular areas of competence, as specified in general terms in the treaties—and trying to draw out from that what would be a voluminous list of both the rights and the obligations that derive from each of the measures. I simply do not think that that would aid public understanding. Actually, I think it would act as a formidable deterrent for many members of the public to read the document at all.
My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) asked about the form of publication. No decision has been taken yet, but I envisage it being comparable to a White Paper, if not an actual White Paper. As is normal these days, such a publication would be available online, so it would be widely accessible. The reports would have to be published at least 10 weeks before the referendum, which would give the campaigners clear time to lead the public debate. I emphasise that neither Lords amendment 5 nor 6 in any way affects the section 125 restrictions on Government publications during the final 28 days of the campaign. I hope that my hon. Friend the Member for Stone, in view of what I have said and of the Electoral Commission’s express view that it does not agree with his amendment, will agree to withdraw it.
Sir William Cash
Before I declare whether I am going to withdraw my amendment, I have asked my right hon. Friend several times to make it absolutely clear, on behalf of the Government, that when they give information under Lords amendments 5 and 6 they will do so with due accuracy and impartiality. Is he going to do that or not?
Mr Lidington
Certainly, that is the case, because it would probably have a perverse impact on the Government’s recommendation if they were to be seen to be acting in an excessively partisan manner. I say again to my hon. Friend that, at the end of the negotiation, the Government will express their view, their recommendation and their reasoning, but we see the statutory provisions laid out in the Lords amendments as being about the provision of actual and factual information.
Lords amendment 13 has also been debated in detail. It would allow the Electoral Commission to designate a lead campaigner for only one side of the argument in the event that either there were no applications for a particular outcome or the Electoral Commission was not satisfied that any applicant met the statutory test of adequately representing those campaigning for that outcome. Given the vigour we already see in opposing campaigns, it is very unlikely that we will end up in such territory. I hope that the House will accept Lords amendment 13 to prevent gaming by one side of the campaign to the disadvantage of the other.
Sir William Cash
I simply say that in the light of the clear assurance that there will be due impartiality and accuracy, I will not press my amendments to Lords amendments 5, 6 and 13. I beg to ask leave to withdraw amendment (a) to Lords amendment 5.
Amendment, by leave, withdrawn.
Lords amendment 5 agreed to.
Europe: Renegotiation
Debate between William Cash and David Lidington(8 years, 6 months ago)
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Mr Lidington
Of course, we were voting to give additional devolved powers to Scotland only yesterday in this House. I can tell the hon. Gentleman that I spoke to Minister Fiona Hyslop this morning, and the question of the reform and renegotiation is now on the agenda as the first item at every meeting of the Joint Ministerial Committee on Europe which I chair and which includes Ministers from all the devolved Administrations. I am visiting Edinburgh tomorrow when I will have further conversations with the Scottish Government of the type the hon. Gentleman urges upon me, and as I said to Ms Hyslop this morning, I remain open to listen to the views of, and make sure the UK Government take full account of the interests of, all three devolved Administrations as we take this negotiation forward.
Sir William Cash (Stone) (Con)
The Minister is, if I may say so, not correct in thinking that the legal mechanisms for delivery of these proposals are not part of the solution. Does he not accept that treaty change is needed for virtually every proposal and, furthermore, that treaty change is not on offer, so how are the so-called legally irreversible changes going to be made when even the legal expert from the European Commission says that the Danish and Irish precedents are not valid? How is he going to be able to sell this pig in a poke?
Mr Lidington
Some but not all aspects of the package of reforms that we are seeking will need treaty change. We are certainly looking at different models, including those that have been used by Denmark and Ireland in the past. The technical talks that have taken place in Brussels involving senior British officials have also involved representatives of the institutional legal services, so we are working closely alongside the current heads of the legal services of the institutions. We believe that we will be able to find an appropriate way forward on every one of the issues that I listed in my statement.
British Property Owners (Cyprus)
Debate between William Cash and David Lidington(8 years, 7 months ago)
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The Minister for Europe (Mr David Lidington)
It is, as always, a pleasure to serve under your chairmanship, Mr Gray. Let me start by congratulating the hon. Member for Denton and Reddish (Andrew Gwynne) on securing this debate and paying tribute to the work of the all-party group under the chairmanship of my hon. Friend the Member for Stone (Sir William Cash).
From the large number of items of correspondence that I get from Members from all parts of the House on property disputes, I am certainly aware of the kind of problems that the hon. Member for Denton and Reddish described and of the traumatic impact that property disputes often have not only on the finances, but on the mental wellbeing of the people we represent. Officials in our consular directorate in London are in regular contact with our high commission in Nicosia. Together they brief me and the Foreign Secretary on the scale of the property problems in Cyprus and the impact they are having on individuals.
While today’s debate has focused on the difficulties in Cyprus and the case of the hon. Gentleman’s constituent in particular, it is a sad reality that property disputes are common in other parts of the world. I have to be frank with the House: the ability of our consular staff overseas to help in individual cases is very limited. That is partly because millions of British citizens live overseas and many thousands of others visit foreign countries every year. It is simply not possible for the Foreign Office to become involved in private legal disputes to which British citizens overseas are party, whether they are related to property, commercial interests or family disputes.
Another issue is that property laws are the competence of individual sovereign states. We have no more authority to intervene in matters concerning Cypriot domestic legislation than the Governments of Cyprus, Spain, Greece, Turkey or Bulgaria—or any other nation where there are numerous property disputes—do to intervene in United Kingdom domestic legislation. Our position on property disputes is consistent with the approach taken by the US, Canadian, Australian and New Zealand diplomatic services. We will, however, do two things. We will continue to try to provide as accurate and up-to-date information as we can to our citizens about the risks involved in buying property overseas and about what they might do to manage those risks, and we will continue to lobby hard the Cypriot and other Governments to try to persuade them to address some of the generic problems that these distressing individual cases highlight.
Sir William Cash
Again, I just want to put something on the record. The Bill to which I referred, which was passed on 3 September in the Parliament of the Republic of Cyprus, is not yet available in English. I know the high commissioner has requested it, but it is taking some time. We are now almost in November. I am told that until it is provided, the general information—for the sake of those who read transcripts—can be found on the website of Nigel Howarth of Cyprus Property News. However, the Bill does not apply to mortgages that were dealt with in Swiss francs.
Mr Lidington
What my hon. Friend says is right. I want to refer to that Bill later, but we continue to urge the Cypriot authorities to publish an English-language version of the new law as soon as possible and to make available any guidance that might need to be issued in association with the statute itself. I am sure that the forthcoming meeting of the all-party group with the high commissioner for Cyprus to the United Kingdom will provide a further opportunity for such persuasion to be offered.
We publish information on the high commission’s gov.uk website and, more generally, the FCO publishes a guide entitled “Support for British Nationals Abroad”, which also provides general advice for British citizens who are thinking about buying a property in another country. Last month our consular officials attended “A Place in the Sun”, an exhibition in Birmingham, to talk directly to people considering going to live abroad. The purpose of these initiatives is to help to ensure that our citizens are better informed of the risks and challenges before they take the plunge. For example, we always urge people to take proper professional advice, including legal advice, before buying property.
In some cases, such as the one that the hon. Member for Denton and Reddish has described, part of the problem seems to derive from an alleged failure of the legal adviser to provide advice of a sufficiently high standard. In other cases, sadly, we have come across British citizens who have simply not taken adequate legal advice in the first place. Of course, there are others who, on the face of things, would seem to have been the victims of deliberate misrepresentation. Every case is different, which is why it is difficult to provide a template that will apply equally to every individual case.
European Union Referendum Bill
Debate between William Cash and David Lidington(8 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Lidington
If I may finish this point, I will then give way.
In addition, those areas of Government activity that are permitted by Parliament will be subject to guidance from the Prime Minister to Ministers and from the Cabinet Secretary to civil servants based on the purdah guidance issued before previous referendum campaigns. The Cabinet Secretary said in evidence to the Public Administration and Constitutional Affairs Committee that civil servants would not under any circumstances be permitted to support Ministers in doing things that Ministers were prohibited by statute from taking part in.
Sir William Cash
Of course my right hon. Friend has received legal advice, but legal advice can cut both ways. Indeed, Speaker’s Counsel has made it clear that he does not think there is much of a problem in respect of the issues the Minister has just been describing. Not only have the Electoral Commission and Speaker’s Counsel been clear on these points, but if regulations are introduced, they will come in by way of the affirmative procedure after the Bill has been enacted and there will be no opportunity to amend them, because regulations, being statutory instruments, can only be accepted or rejected in their entirety. Does my right hon. Friend not agree?
Mr Lidington
In answer to my hon. Friend’s last point, if the House is dissatisfied with any regulation that the Government put before Parliament, it can reject the statutory instrument. In that case, the default position under the package that I am proposing to the House would be to revert to section 125 without the exemptions being made by regulation. There is, therefore, the safeguard that Parliament will have the final say.
I hope that my hon. Friend will listen when I address the concerns in more detail, but I say to him first that I have been present at a number of debates in the House when he has said that a legal opinion that he has received is of weight and importance. I think that the Government are entitled to take seriously the arguments that Treasury counsel have put to them.
European Union Referendum Bill
Debate between William Cash and David Lidington(8 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Lidington
Obviously, what we discuss on Report will be in the hands of Members who table amendments. I have known my hon. Friend the Member for Stone (Sir William Cash) for many years, and I know that he is ingenious and creative in finding opportunities for parliamentary debate on subjects that are close to his heart.
Sir William Cash (Stone) (Con)
With great respect, may I be ingenious for one moment, as I wish to put amendment 8 on the record? The amendment is supported by the Electoral Commission. Given the time that is available, I just want to say that the Electoral Commission supports the proposal, which is that the detailed regulations required to administer and regulate the referendum
“must be made and come into force not less than six months before the start of the referendum period.”
We do not propose pressing the amendment to a vote, but we would like to return to it on Report. I know that the Minister understands it, and that the Electoral Commission supports it.
Mr Lidington
My hon. Friend’s amendment proposes that the legislation be put in place at least six months before it is required to be implemented or complied with by campaigners or administrators. Although it is not necessary or appropriate in this specific case to set an arbitrary timeframe in statute, I can offer him some reassurance on the point. The reason for the Electoral Commission’s recommendation, to which he alluded, is that it is important to ensure that the people who are responsible for organising and administering a referendum and the people who will be responsible for accounting for expenditure on behalf of campaign organisations are clear about the rules that apply. To some extent, as I said a few minutes ago, the general framework of those rules is set out in the body of the Bill. The more detailed rules on conduct will be provided for by regulations that the Government will have the power, under the Bill, to table.
I can assure the Committee that it is the Government’s intention to publish the conduct regulations this autumn. That will mean, especially given the decision that the Committee took on Tuesday not to combine the referendum with the devolved local elections in May 2016, that there should be plenty of time for the Electoral Commission, and returning and counting officers and campaigners to familiarise themselves with the detail of the rules under which the referendum will be conducted. We would expect those detailed rules to cover such matters as the referendum timetable and the key stages within that; the provision of polling stations; the appointment of polling and counting agents; the procedure for the issue of ballot papers and for voting at polling stations; the arrangements for the counting of votes and declaration of results; the disposal of ballot papers and other referendum documents; arrangements for absent voters and postal and proxy votes and so on.
There will be a great deal of information, which it is our intention to have publicly available for everybody to see in the autumn of this year, well ahead of the referendum date. I hope that on that basis my hon. Friend the Member for Stone and others who have signed his amendment will be reassured that the Government are fully committed to our declared intention of ensuring that the referendum is conducted in an way that is not only fair but that is seen to be and is accepted as fair by everybody who takes part on both sides.