European Union Referendum Bill

Anne Main Excerpts

Monday 7th September 2015 Commons Chamber

[Mr Lidington]

The answer to my right hon. and learned Friend’s question is that the Government will, of course, express their view very clearly at the conclusion of the negotiations and make their recommendation to the country, giving their reasons for so doing. One aspect of the debate about which we have concerns is how the Government, who will have called the referendum and made a recommendation to the British people, should be able to express their view and answer questions in the final four weeks, as he described. The debate about so-called purdah and section 125 relates specifically to the final 28 days of the campaign.

[Mrs Anne Main (St Albans) (Con)]

Will my right hon. Friend comment briefly on the comments that were sent out at just gone half-past 12 today by Michael Carpenter, the Speaker’s Counsel, in which he said:

“I commented about all this in my earlier note to the Committee. Mr Lidington seems simply to repeat the unsound arguments advanced before.”

For those of us who have concerns, that is a very worrying statement from such learned counsel.

[Mr Lidington]

If my hon. Friend had received the legal advice that I have had, she might take a rather different view.

Many hon. Members have said that the purdah rules that apply during elections have worked well and I agree. Of course, those rules are based entirely on guidance and convention. They allow for common sense and involve no legal risk. Section 125 of the 2000 Act is very different, since it is a statutory restriction. Given that the EU referendum debate will, I think we would all accept, involve people on both sides of the argument with deep personal pockets and passionate views on the subject, the risk of legal challenges during the campaign is real. The Government are seeking, through the amendments, to manage that legal risk.