Tuesday 1st February 2011

(13 years, 3 months ago)

Commons Chamber
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David Lidington Portrait The Minister for Europe (Mr David Lidington)
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The first set of clauses under consideration in Committee this afternoon relate to the transitional protocol on Members of the European Parliament, which is covered in clauses 15, 16 and 17, and schedule 2. In sum, the provisions allow for a technical change that permits a temporary increase in the number of MEPs, including one additional Member from the UK.

It might be helpful to give some background to the protocol before turning to the detail on the clauses, so that colleagues on both sides of the Committee understand the context of our proposals. The European Union treaties, as amended by the treaty of Lisbon, provide for the allocation of 18 additional MEPs to 12 member states, including one additional MEP for the UK. The treaties also provide that the number of MEPs from Germany should be reduced by three. However, the treaty of the European Union, as amended by Lisbon, states that the European Parliament shall not exceed 750 members in number, plus the President, which makes a total of 751, and that no single member state will be allocated more than 96 seats. Before the Lisbon treaty, Germany had 99 MEPs. Its allocation has therefore been reduced to 96 seats to fit within the maximum number permitted by the treaties.

The TEU also states that the European Council shall adopt a decision establishing the composition of the European Parliament. Article 2 of protocol 36 to the treaties—on transitional provisions—reaffirms that and states that the decision

“shall be adopted in good time before the 2009 European Parliament elections”.

However, as the Committee will be aware, given the Irish rejection of the Lisbon treaty in its first referendum on the matter and the additional guarantees sought by Ireland in 2009 in the wake of that, there was a delay in the ratification of the Lisbon treaty by all member states—personally, I wish it had been more than a delay—and therefore a delay to the treaty entering into force.

As a result, and contrary to the relevant provision in the TEU, the 2009 European elections actually took place before any European Council decision was adopted. Those elections were therefore held in accordance with the provisions of the Nice treaty, under which the European Parliament comprises 736 MEPs.

The European Council had already agreed what to do in that situation. Back in December 2008, it agreed that, should the Lisbon treaty come into force after the 2009 European parliamentary elections, a transitional protocol would be agreed to permit those member states that gained MEPs as a result of the Lisbon treaty to elect their additional MEPs during the current European parliamentary term. This would mean that they would not have to wait until the next round of European parliamentary elections in 2014, when those changes would come into force automatically, in accordance with the treaty of Lisbon.

The arrival of 18 additional MEPs during the 2009-14 parliamentary term increases the number from 736 to 754—three more than the maximum permitted by the EU treaties, and transitional arrangements are therefore needed to enable the number of MEPs to exceed temporarily the limit of 751 laid down in article 14(2) of the treaty on European Union.

Anne Main Portrait Mrs Anne Main (St Albans) (Con)
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I thank the Minister for giving way on the statistics about the number of MEPs. Does he have any figures showing how much these additional MEPs are costing us while we wait for the correct number to be arrived at?

David Lidington Portrait Mr Lidington
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I am glad to be able to tell my hon. Friend that the cost of these additional MEPs will be provided for out of the European Parliament’s budget; no additional contribution is required from the United Kingdom or any other member state. That is perfectly right, and the European Parliament will already have made provision in its budget for these additional costs.

The European Council also agreed that the transitional protocol should provide that the three German MEPs who would no longer have a seat in the European Parliament would not have to stand down in the middle of their term of office, because it is not possible under the treaties to curtail an MEP’s mandate during a parliamentary term. In order to make the required transitional changes, the member states of the EU agreed to a transitional protocol at a limited intergovernmental conference on 23 June 2010, under the ordinary revision procedure. Although the ORP was used, the European Parliament had previously agreed not to convene a convention of representatives of the EU institutions, member state Governments and national Parliaments, because the European Parliament recognised the very limited scope of the proposed treaty change.

The IGC was convened in the margin of the Conference of Permanent Representatives—known as COREPER—with the agreement of Ministers of each member state. IGCs are occasionally convened in COREPER meetings for single-issue matters, such as the approval of appointments of judges to the Court of Justice, and one was used on this occasion because the treaty change in question concerned a single, time-bound issue already agreed by the Heads of Government and Heads of State at the European Council, rather than a more substantial renegotiation or re-opening of the EU’s treaties. I then announced to the House via a written ministerial statement on 6 July last year, at column 7WS, that the transitional protocol had been agreed.

As with any treaty change, the protocol now requires that all member states ratify it before it can enter into force. As I have already made clear in our earlier debates in Committee, it is for each member state, when it comes to any treaty amendment, to determine whether and how it carries out its own national procedures for approval and ratification. In the United Kingdom at present, any amendment to the EU treaties conducted under the ordinary revision procedure—as was the case here—can be ratified by the UK only if it is approved by Act of Parliament. This is set out in section 5 of the European Union (Amendment) Act 2008.

Parliamentary approval of the transitional protocol is therefore required by Act before the protocol can be ratified in the UK. Clause 15 of the Bill therefore provides for this parliamentary approval. Subject to Parliament’s approval, the legislation will of course require that any treaty change conducted under either the ORP or the simplified revision procedure would in future need parliamentary approval by Act. Since what we are debating is a technical change to the treaty that relates merely to the number of MEPs, and does not transfer any power or competence from the UK to the EU, it does not meet the requirements to hold a referendum. However, as the provisions in the 2008 Act require approval by Act of Parliament, we have decided to use them to seek the approval of Parliament. Section 5 of the 2008 Act would subsequently be repealed, as a consequence of clause 14, and replaced by the provisions in clauses 2 and 3 in any future decisions.

It is important to note that the additional MEPs are entitled to take their seats following the next European parliamentary elections in 2014 in any case, regardless of what the Committee determines this afternoon. The transitional protocol simply means that those people will be able to do that earlier than 2014, because the treaties would have provided for their election in 2009 had the Lisbon treaty been in force then, as was anticipated by the then Heads of Government and Heads of State. At the 2014 European parliamentary elections the additional MEPs, along with every other MEP, will be elected in the usual way, according to each member state’s practice. As none of the additional MEPs could take up their places until every member state had ratified the transitional protocol, the Government have continued with our predecessor’s approach, and we now seek Parliament’s approval to ratify this treaty change.

The protocol states that it will enter into force on 1 December 2010, provided that all the instruments of ratification have been deposited. Failing that, the protocol would enter into force on the first day of the month after the last member state ratifying the protocol had done so. Clearly we have passed that somewhat ambitious deadline already, and it is for each member state to decide whether, how and when to approve ratification. However, it is our intention to ratify as soon as possible, subject to Parliament’s approval. As I have made clear, we are discussing a short-term transitional measure, until the next European parliamentary elections, which are due to take place in June 2014. It does not transfer power or competence, and so does not require the people’s consent in a referendum, but it is a treaty change. As such, it requires the approval of this Parliament through primary legislation. I hope that members of the Committee will be able to approve this temporary measure.

Denis MacShane Portrait Mr Denis MacShane (Rotherham) (Lab)
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The Minister and my hon. Friend have set out clearly the technical reasons for adopting the clause, and I am sure that the Committee will not divide on it. Let me also tell the Minister that it is a great pleasure to have someone on the Front Bench from this Government advocating an increase in parliamentary representation. Whereas the other place so long resisted the culling of foxes, we are shortly to have a sharp culling of MPs, with a reduction in representation. It is therefore good that we are increasing representation in the European Parliament under the current proposal.

Anne Main Portrait Mrs Main
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I am listening with interest to the right hon. Gentleman on the issue of increasing the number of Members. Does he not share my concern that any increase in the number of elected Members will also see a proportionate increase in costs, pensions and office staff, which, sadly, this country cannot choose to afford?

Denis MacShane Portrait Mr MacShane
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The hon. Lady is quite right, but if she checks the debates on the great Reform Bill of 1832, she will find that exactly the same point was made—that any increase in representation in this country would place an unbearable cost on the Exchequer.

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David Lidington Portrait Mr Lidington
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I think that is a matter for the Electoral Commission. It advises that it has used the Sainte-Laguë method throughout, and in comparing electorates for each region it would have taken the Gibraltar electorate into account when making its calculation for the south-west. I undertake to double-check what I have just told the hon. Gentleman; if I have inadvertently led him up the garden path, I will of course correct that on the record, but I have confidence that the Electoral Commission has done its job properly.

Anne Main Portrait Mrs Main
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I am listening with profound interest to my hon. Friend’s remarks. Does he share my concern that, to the public outside, seemingly topping up the gravy train rather than culling it—perhaps expanding the size of the electorate for existing MEPs rather than increasing the number of MEPs—might not, in today’s environment of cuts, be met with a degree of approval?

David Lidington Portrait Mr Lidington
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The changes to the distribution of MEPs between member states arose from new calculations about the populations of the different member states. Just as we have boundary reviews from time to time in the United Kingdom to reflect the growth of electorates in some places and the reduction in others, it is right that such a process should take place at the European level.

My hon. Friend makes a more fundamental point in her intervention, in implicitly arguing that there should be a significant overall reduction in the number of European legislators. I understand that argument, and I am certainly very much in the camp of those who argue that the European Parliament, like every other European Union institution, should be looking to reduce its expenditure rather than expect it automatically to increase. I would say just one word of caution to my hon. Friend, though. One consequence of reducing the number of MEPs overall would be either that the representation of the smallest member states would disappear completely or, if they were allowed a guaranteed minimum number of MEPs, that they would be disproportionately over-represented compared with the larger member states. The larger member states, such as ourselves, would suffer the greatest cuts in our representation if the smallest were protected, and potentially see a reduction in our influence over the European Parliament.

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David Lidington Portrait Mr Lidington
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It might be helpful if I set out in a little more detail the provisions in schedule 2, because it also deals with the procedures to be followed in the admittedly unlikely event that we were unable to fill the vacancy for the additional MEP by looking at the party lists as they were constituted in 2009.

As I have explained, clause 17 provides for the method of electing and returning the UK’s additional MEP. Schedule 2 provides a series of detailed provisions to be used when undertaking the process to return that additional MEP. As a first step, the regional returning officer for the designated region—in this case, the west midlands—would be required to identify which registered party would have won the additional seat in accordance with the results of the European parliamentary elections of 4 June 2009, as though that seat had already been allocated to the west midlands at that time. Since there were no independent candidates in the west midlands at the 2009 elections, the schedule provides only for allocation to a registered party.

The regional returning officer would then be required to identify from the registered party’s list of candidates at the 2009 elections the candidate whose name appeared highest on the list. In doing so, the returning officer has to disregard those people who have already been returned as MEPs, or who have since died. For example, if the registered party had proposed six candidates in an electoral region and the first three candidates on that party’s list had been returned as MEPs, the returning officer would identify the fourth candidate on that party’s list as the next person to be returned as an MEP. That person is referred to as the first choice.

Schedule 2 provides that the returning officer then has a duty to contact the first choice to ask whether he or she will provide written confirmation of their willingness and their ability to be returned as the MEP. The returning officer would also ask the first choice to deliver a certificate signed by, or on behalf of, the nominating officer of the registered party, confirming that he or she may be elected.

Schedule 2 further sets out the process to take place if the returning officer is unable to contact the first choice candidate or if that person confirms that, for whatever reason, they are unwilling or unable to stand, or if they do not provide the certificate required by law. In order to maximise the independence of the process, and to make it clear that there is no Government gerrymandering involved, it shall be at the discretion of the regional returning officer to determine the length of the “reasonable period” involved.

If there has been no success with the first choice candidate, the returning officer should identify the next name on the registered party’s list of candidates. This candidate is referred to in the schedule as the subsequent choice, and the returning officer shall repeat the same process with that candidate. This process will continue until either the seat is filled or there are no more names on the registered party’s list of candidates.

Schedule 2 then sets out what would happen if the first choice candidate provided the required documentation after the regional returning officer had determined that it was appropriate to move on to the next individual. In that case, schedule 2 provides that the so-called prior choice would have forfeited their opportunity because they had previously been given adequate opportunity by the returning officer to provide the relevant documentation within a reasonable time. They would have to wait to see whether the process could be completed successfully with the current candidate being approached by the regional returning officer. If the returning officer had no success with that subsequent candidate, the earlier candidate could be allowed at that stage to provide documentation and stake a claim.

The schedule then sets out the process to take place when a candidate has returned the required documentation to the satisfaction of the regional returning officer. The returning officer has to declare publicly in writing that that person should be returned as an MEP, prepare a public statement containing relevant information concerning the process, and send copies of both documents to the Secretary of State.

Anne Main Portrait Mrs Main
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The scenarios that my right hon. Friend has outlined are obviously hypothetical, but in a hypothetical scenario of, say, six candidates when three or four have been elected and the other two are, say, dead, what happens then?

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It will be for the legislation to authorise a referendum, and for the Electoral Commission to specify exactly what rules should apply to any referendum or group of referendums held as a consequence of the legislation, precisely because we cannot predict today what referendum might be held in six years’ time or 10 years’ time, whether one or two questions will be asked on the same day or what the issue will be. It is right that such detailed provision be made in legislation nearer the time and take account of any changes to the general law on elections and referendums that might be made between now and then.
Anne Main Portrait Mrs Main
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Will a set amount be put aside in the Budget every year as a contingency fund for the possible multiple referendums to which my right hon. Friend refers?

David Lidington Portrait Mr Lidington
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No. The matter will be decided at the time. We will not operate on a hypothetical basis—that there might or might not be a referendum in any particular year. We would make provision for it as and when required.

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David Lidington Portrait Mr Lidington
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We have to do both. The two are not alternatives. Impact assessments are valuable, and they focus the minds of other European Governments, and of the groups representing industry in those member states, to become more active in pressing home their interests than is sometimes the case at the moment. The more transparency that we get in the European legislative process, the more likely it is that we will move towards the objective that both my right hon. Friend and I seek.

I would share with my right hon. Friend a wish to see the EU legislate less. There is too often a culture in the Commission that identifies a problem and then seeks a remedy in the form of new law. Non-legislative measures can often be more effective, and certainly less burdensome and complex, than legislative measures. That is something that my colleagues across Government are pursuing with colleagues from other countries who share our views on this matter, and we seek to encourage other countries to work with us to look for non-legislative ways of addressing problems and challenges, rather than looking for a new directive as the first resort every time.

Anne Main Portrait Mrs Main
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An impact assessment may work on EU law, but what about the gold-plating that goes on when the law is already passed; we seem to add to it in reams in this country?

David Lidington Portrait Mr Lidington
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That has certainly been a genuine problem, and it is a priority for the Reducing Regulation Committee, chaired by the Secretary of State for Business, Innovation and Skills, to address. The Government now have an established policy not to gold-plate. When we implement European legislation, we will be certain to do no more than is required of us by the words of the legislation. Ministers are now under an agreed political obligation to resist any attempt from within their Departments to add extra bells and whistles to what is required of us by a directive. We should do what our competitors and partners in Europe are doing and no more.

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Peter Bone Portrait Mr Bone
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I appreciate my hon. Friend’s intervention and, yet again, that supportive point. I will turn to that argument in some detail later.

Anne Main Portrait Mrs Main
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I was extremely cheered, as I am sure was my hon. Friend, to hear the hon. Member for Cheltenham (Martin Horwood) asking for an in/out referendum, and I very much hope to see him and his colleagues in the same Lobby as those who feel the same way. He was denied the opportunity the first time, so I hope that he might grasp this second opportunity.

Peter Bone Portrait Mr Bone
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I am grateful for my hon. Friend’s support and her argument. In fact, I would take it a stage further. Because there is support for the new clause on both sides of the Committee, and because I am moving it in a coalition spirit, as Members will discover, I have every expectation that there will not be a vote tonight and that the Minister will accept it.

Let me explain why the Committee should support my new clause. First, it would not alter in any way the purpose of the European Union Bill. The Bill is designed, under certain circumstances, to give the British people, through a referendum, a say on our relationship with the European Union. My proposal would merely extend the referendum lock, under certain circumstances, to whether we should remain part of the European Union.

Why do I think that this would improve the Bill? If the British people have a chance to approve or disapprove of a transfer of power in the future, and they say yes, then there is clearly no need for an in/out referendum, as it would show that the British people are happy with their relationship with Europe. If they say no, clearly they are unhappy with a proposed change to the European Union. Surely it is right that the alternative question is then put as to whether the British people wish to remain in the European Union.

An added advantage is that the in/out referendum would be triggered by an event, not by politicians. In the past, referendums have been timed to favour the proponents of the referendum, not necessarily for the benefit of the British people.

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Peter Bone Portrait Mr Bone
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Of course, Mr Evans. I thank my hon. Friend for his intervention, but I will not respond to it, because I might mention it later if I can sneak it in.

If anyone doubts that an EU referendum is what the British public want, they should check my e-mail inbox or my post to see the hundreds of letters and e-mails of support that an in/out referendum is getting. These are coming not only from my constituency or from Conservatives but from Liberal and Labour voters. They just want to have their say on the important issue of our membership of the European Union.

A recent ComRes opinion poll on 27 October 2010 showed that 75% of the British people think that there should be a referendum on our membership of the European Union. A BBC and ComRes poll on 19 March 2009 found that 84% of the British people wanted a referendum. James Pryor, the chief executive of EU Referendum Campaign, said:

“David Cameron and his Coalition will ignore this Poll at their peril. How long will the political elite bury their heads in the sand and misread the public mood. As this Poll clearly shows, the people of Great Britain feel that the politicians have let them down. Only 12% feel that Britain’s contribution to the EU is sustainable and yet the Prime Minister tells us he ‘won the battle’ in Brussels. The Chancellor keeps telling us ‘to tighten our belts’ and yet we still send £48 million a day to the EU. The British public will get angrier until they are given a say on our relationship with the EU and the politicians will have to live with the consequences.”

Anne Main Portrait Mrs Main
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My hon. Friend is giving huge figures. Asking the question does not necessarily mean that there will be a negative answer. There could be an affirmation that this is a good idea. Surely it would be a good idea at this time to check whether we are down the right path. If we do not get a negative answer, it will be all to the good for the Government.

Peter Bone Portrait Mr Bone
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My hon. Friend argues an important point, which, again, I hope I can touch on in a little while.

I shall turn to the Daily Express and its crusade to get Britain out of the European Union. Yesterday, I and a number of hon. Members from across the House helped to deliver a petition of more than 370,000 names, which were collected by the Daily Express, demanding an in/out referendum.

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Peter Bone Portrait Mr Bone
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I am afraid that we are in a coalition, and we do not get everything we want, but we get the best of it. I am taking the best of the Liberal suggestion, and it is only fair that I go on to examine the Conservative view.

Anne Main Portrait Mrs Main
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My hon. Friend and I sat for many an hour on the Opposition Benches discussing the matter, and I remember some gentle teasing from the Liberal Democrats about whether we would support holding an in/out vote. Now is their golden opportunity to have the next best thing to what was proposed in their manifesto. I would have thought that we would have their support in that.

Peter Bone Portrait Mr Bone
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I agree entirely, and of course when the Liberals brought forward a vote on an in/out referendum in the previous Parliament, I and a number of my hon. Friends voted for the motion.

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Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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New clause 11 is extremely interesting and worth looking at with care, because it comes out of a mix of genius and anger. The genius of it is that it has succeeded in initiating a debate on the question of an in/out referendum, which is clearly not the purpose of the Bill. I know that deft parliamentary draftsmanship was required to have such a proposal selected for debate, and I am full of admiration for that and for the genius that is generally the attribute of my hon. Friend the Member for Wellingborough (Mr Bone), who is a great parliamentarian. Every time one listens to him, one is inspired by the thought that people care about the powers of this House and of the people who send us here.

The proposal is also, however, the product of anger—a righteous anger that the British people have seen their powers given away, but been denied the opportunity to decide whether that ought to have happened. Whether that was done by the Single European Act, or by the Maastricht, Lisbon, Nice or Amsterdam treaties, does not really matter. The British people were not properly consulted, and many of them are upset about that.

Unfortunately, that combination of genius and anger leads to a proposal that makes no sense, which is why—reluctantly—I oppose it. The difficulties are manifold, but the main problem is that it proposes that one thing leads to another automatically, without any consideration of the first thing. My hon. Friend the Member for Cheltenham (Martin Horwood) made the very obvious point that we cannot have it both ways. Under the new clause, we could decide by referendum not to transfer powers, and then follow that up with a vote to stay in altogether. If we vote to stay in altogether, surely we would be signing up to everything with gusto, but that is the last thing we would want to do if we had recently objected to a treaty that gave more powers to the EU. Therefore, if we vote to stay in, we could contradict a no vote that we had just achieved.

Anne Main Portrait Mrs Main
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I am following my hon. Friend’s logic, but it is possible to say, “I want to stay in the European Union, but I am not happy with that transference of powers.” I do not see that a no vote on a transference of powers and wanting to stay in the EU are mutually exclusive.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I thank my hon. Friend for that intervention, but I think there is a slight confusion. If we have an in/out vote, and it is won by the pro-Europeans, it is a vote for the EU as it exists and with all the powers that it has. Those of us who support this referendum lock Bill do not want further powers going to the EU or to get accidentally into a situation in which we sign up to things we probably opted out of. That is the complication of having an in/out vote that is won by the “in” side but not on the issue discussed and subject to the referendum lock. That is the danger; that is the unintended consequence.

The unintended consequences go further than that. Should there ever be a Labour Government again—I am sorry to say that there probably will be, although possibly not in my lifetime—those of us who support the Bill would want them to accept it and ensure that the referendum lock held as an important constitutional change. We would also want any change to the powers of the Europe Union to be subject to a referendum of the British people. However, if the Government concerned were unpopular, as happens to Conservative Governments too—and even, possibly, to coalition Governments—and felt they had to sign up to some marginal European treaty requiring a referendum, but knew that it could result in an in/out vote, they would be more likely to repeal the Bill lock, stock and barrel and say, “Look, we cannot do that because we would then have a vote against us at the second stage.” The second unintended consequence, therefore, is that we would weaken the whole effect of the Bill by making it less likely to become the accepted constitutional practice, which is what I would very much like to see.

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Andrew Percy Portrait Andrew Percy
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The answer is fairly simple: a big, fat zero.

Anne Main Portrait Mrs Main
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If we are going to judge from our postbags, we would not be having a referendum on the alternative vote system, which has been mentioned to me by only one person—a local Liberal Democrat, who said, “You’ll never again be able to say, ‘Nobody has ever mentioned AV to me’”. We cannot use the postbag of my hon. Friend the Member for Ipswich (Ben Gummer) as some sort of barometer of opinion.

Andrew Percy Portrait Andrew Percy
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All we would end up debating from my postbag is the state of our roads following the recent cold weather—but that is not how politics works.

I have been led away from my line of argument, which is that it is time that the people had a say on the EU. As I said in response to my hon. Friend the Member for Ipswich (Ben Gummer), many people in communities such as Goole, which has seen large amounts of immigration as a result of EU expansion, would say, “Lots of people come here to fill jobs people here won’t do. They come here to work incredibly hard, but we have had such a mass influx, and nobody asked us for our permission through the ballot box for the extension of immediate rights to come to this country and work without any requirements or immigration controls.” Nobody asked the British public, who are rightly angry about that, and that is why they wish to have a referendum.

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Philip Hollobone Portrait Mr Hollobone
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That was an interesting intervention. I am certainly of the view, as are many of my constituents, that we owe a huge debt of gratitude to my right hon. Friend for his efforts at that time and to all those in the Eurosceptic movement who made sure that Tony Blair did not go as far as he might have.

Anne Main Portrait Mrs Main
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Is my hon. Friend as surprised as I am to hear the hon. Member for Wolverhampton North East (Emma Reynolds) say that the Opposition Benches are virtually empty because there is no interest in this matter, even though it crosses so many issues in our everyday lives?

Philip Hollobone Portrait Mr Hollobone
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I am most grateful for my hon. Friend’s intervention. This shows the tragedy of what has been happening since 1997. There has been huge disinterest in matters European from Labour Members both when they were in government and now they are in opposition. That is why there was a massive loss of sovereignty to Brussels over the Blair and Brown years.

I am going to support the Bill. I supported it on Second Reading and I will happily vote for it on Third Reading, because it provides the referendum lock that the British people want. The purpose of new clause 11 is to strengthen that referendum lock so that no future Government would dare to propose a transfer of power that they thought they might have the slightest chance of losing. That entrenches the little bit of sovereignty that we have left. If Her Majesty’s Government stood back and thought about this, they would welcome my hon. Friend the Member for Wellingborough’s proposal and agree to the new clause without the need for a Division.

Anne Main Portrait Mrs Main
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I shall speak for just a few minutes on this particularly interesting clause, which I support. I should like to make a big apology to the Whips; I am sure that the eye-rolling and head-banging has gone on already, because they see the usual suspects rising to speak on this matter, but I think that it is important. I know that rather a tortuous device was used to get it debated today and I am grateful to my hon. Friend the Member for Wellingborough (Mr Bone) for his ingenuity.

I do not agree with my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) that the measure would somehow negate the referendum lock. Let me put that on its head: if we were to have a referendum about a significant transfer of powers and the public said no, where would that leave us? We would be standing alone saying no. It would be quite logical to go on and say, “We have been hearing grumbles over the years about your unhappiness”—for 19 years, as my hon. Friend the Member for Rochester and Strood (Mark Reckless) has pointed out—“over bits and pieces of legislation that you believe have come from Europe and may have impacted negatively, let’s have an open debate about it and have a referendum on whether we should be in or out.”

I completely agree with the right hon. Member for Leicester East (Keith Vaz), who spoke very eloquently. As I said in an intervention earlier, an in/out vote would not be a foregone conclusion. Indeed, I would look forward to a robust debate airing the positive aspects. Perhaps we could look forward to people being persuaded, despite some misgivings about whether or not we should give prisoners the vote, which we will debate next week, or whether they agree with human rights legislation being imposed on us from Europe—I believe that we were somewhat opposed to that in our manifesto—

Emma Reynolds Portrait Emma Reynolds
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Does the hon. Lady recognise that that legislation comes from the Council of Europe and not the European Union?

Anne Main Portrait Mrs Main
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The EU is about to be a signatory of it. The hon. Lady said that Labour has no interest in this matter and that that is why the Opposition Benches are empty, so I am surprised that she still feels the need to take part in the debate.

Anne Main Portrait Mrs Main
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I look forward to hearing what she has to say.

Emma Reynolds Portrait Emma Reynolds
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I thank the hon. Lady for giving me the opportunity to clarify my position, although if she had listened the first time perhaps she would have been clearer on it. I said that my hon. Friends have very pressing concerns that reflect those of their constituents about the massive programme of Government cuts taking place in this country and the risk to our economy and economic growth, as we saw last week with the shrinkage of our economy. That is what we are worried about, and we would rather have more time in the House to debate the NHS and the trebling of tuition fees. That is what I was saying and I do not think she should misrepresent my position.

Anne Main Portrait Mrs Main
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From the hon. Lady’s rather tetchy remarks, I gather that most of her right hon. and hon. colleagues are off somewhere else debating more pressing matters, but this is being debated now and unlike her I think it is crucial that we debate it clearly. If we are game enough tonight to let people have a little sniff of the freedom of choosing, it could be the first time that many of them have a chance to hear the arguments for and against staying in the European Union.

Andrew Percy Portrait Andrew Percy
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On the comments of the hon. Member for Wolverhampton North East (Emma Reynolds) about Labour Members wanting to discuss more important issues, perhaps she would like to comment on why the Opposition have chosen the subject of forests, rather than the NHS, for tomorrow’s Opposition day debate.

Anne Main Portrait Mrs Main
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That was not quite on the subject of the debate, but I take my hon. Friend’s point.

Opposition Members could have had a referendum on the Lisbon treaty and I believe that my party and other hon. Members here felt that the people should have had a say, but they did not. The hon. Member for Cheltenham (Martin Horwood) advocated quite strongly having a debate on the in or out issue; I do not feel that the treaty’s ratification negates that aspiration. I am sure that he would make a very robust defence for having an “in” vote, whereas other Members on the Government side who have concerns about it would make a robust argument for an “out” vote. That said, I am fed up with hearing constantly the mantra that now is not the time. It is never the time; it has not been the time for the past 19 years. When will be the time? The Bill offers us the opportunity to have a little hook on which to hang the possibility—that is all—that at some time in the future, if the people were unhappy about the relationship with Europe, they could say so.

I do not know how the people of St Albans or Cheltenham would vote or how the country would vote on this issue. I could be surprised and find that they wholly endorse our position within Europe, in which case any future Government could go forward with a robust mandate for referendum locks on transfers of power within treaties, because that would not necessarily mean that people want to give away more powers. People might say that they are happy with exactly the level of power that has been given away but that they do not want to give away any more. They might say yes to staying in but no to further transfers of power. That is why I disagree with my hon. Friend the Member for North East Somerset: I think that one can be in that position. Indeed, that is the position we are in now, because we are not taking a vote on this—we are staying put but saying that no more powers should be transferred.

I would like the good people of this country to have a say, because they do air their concerns when one talks to them in supermarkets, pubs and cafés. They air their concerns when they hear about some of the nonsense legislation we have to put up with and when they hear that we cannot do anything about some issue because it is a result of EU legislation. I think they would like a say, but that does not mean that they cannot be persuaded. I say to hon. Members, “Give us the chance to put the argument to the people and let them decide. Don’t be frightened of giving them the chance to make a decision because you think they’ll make the wrong decision. It’s their country and we’re here to represent their views.” I do not believe in not asking them their views. If we can have a referendum on the alternative vote, which was never raised on the doorstep prior to its being raised in the House and which was not being advocated by a single party in the House, we should be able to have a referendum on something that was raised on the doorstep and on which some parties stood as a sole issue—Europe. I do not agree with the hon. Member for Wolverhampton North East (Emma Reynolds) that the Opposition Benches are empty because Opposition Members are not interested; I believe they are empty because they have been told to go off and play away at something different. It is the complacency demonstrated by those empty Benches that has led us to where we are.

In conclusion, I thank my hon. Friend the Member for Wellingborough for his ingenuity in getting the new clause debated on the Floor of the House tonight. I am sorry that the Whips and other hon. Members feel they have been kept here tonight because the usual suspects are making a noise and a row about Europe. But if we did not, I believe our constituents would say to us, “Don’t ever say to me that you’re unhappy about Europe, because when there was a chance for you to give us a say—at some point in the future not yet decided—you shut down that avenue, because you could.” Tonight, I do not believe that avenue should be shut down. I believe it is the fear of knowing the answer that is shutting it down, not any logical reason.

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Lord Mann Portrait John Mann
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There is nothing verbose in these remarks; if the hon. Gentleman wants verbose he can have verbose, but that would be quite improper. These are succinct remarks on the inherent contradictions of the Conservative party, which can never, ever break from the pressures of big business, which demands that once in power, it strengthens those links. That is why 700,000 new EU migrants will enter this country in this Parliament. When the Conservative party talks about growth and trade, what it really means is cheaper labour, and worse conditions for workers in this country. That is the free market that the Conservative party represents: allowing competition at the lowest common denominator. No doubt, I will again be going on rallies at power stations, where British workers are finding their pay and conditions and ability to apply for their jobs undermined by the so-called European single market that the Conservative party took us into.

Anne Main Portrait Mrs Main
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I have listened to the hon. Gentleman’s remarks with interest, but I have yet to hear his views on new clause 11 and whether he will be even remotely considering voting in favour or against. Would he elaborate on that?

Lord Mann Portrait John Mann
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I am approaching my conclusion, when I will do that, but first there is another factor that ought to be re-stressed. There has been a lot of talk about what the people think. I will tell the Committee what the people think: the people think it is an absolute disgrace that, when the health service is being cut to ribbons and maternity units across the country are being destroyed, time is being taken up constantly discussing the Conservative party’s obsession with the European Union rather than major issues.

New clause 11 should address whether what the Conservative party signed up to under Margaret Thatcher and John Major, in the spirit of Edward Heath, which allows unfettered labour migration into this country, is the way forward, or whether there should be restrictions that protect the jobs and livelihoods and standards of living of workers in this country. That is the debate that this Government are scared of, and that is why they like to pander to the pretence that there could be some debate about whether the country is in or out of Europe. This Government should be held to account for their failure to negotiate properly in Europe on that and on bankers’ pay. They are wholly miserable in their efforts in doing so. That is what Parliament—