European Union Referendum Bill

Christopher Chope Excerpts

Monday 7th September 2015 Commons Chamber

[Mr Lidington]

My right hon. and learned Friend puts his view forcefully. That was the case the Foreign Secretary and I put on Second Reading and in Committee, but widespread concern was expressed on both sides suggesting that we were asking for something that was too broad in scope. That is why we have come forward today with something that is, yes, a lot narrower than what was originally in the Bill.

[Mr Christopher Chope (Christchurch) (Con)]

rose—

[Mr Lidington]

I want to touch on a further point about new clause 10, and then I want to try to bring my remarks to a close, touching briefly on some of the other amendments, because other Members wish to speak.

There has been some debate about whether individuals, including elected representatives, are caught under section 125. We have not proposed to alter the wording in this respect. It states that no material can be published in the final 28 days, and makes it clear that this applies not only to the Government and local authorities, but to

“any other person or body whose expenses are defrayed wholly or mainly out of public funds or by any local authority.”

Let me be straight about this. Both the Foreign Secretary and I were rather taken aback when we received advice saying that there was a risk that elected representatives or anybody else in the public sector might be caught by the provision. A literal reading of that part of section 125 suggests that that might be the case. It is also true that this does not seem to have been a significant issue in previous referendums. It has not been tested in the courts and there is room for legal argument. It would be possible under the automating power to put that beyond any doubt.

--- Later in debate ---

[Mr Lidington]

I am not arguing that there is legal certainty about this, but if my hon. Friend looks at the wording of the Act—this is not something invented by this Government—he will see that it refers to

“any other person or body”,

thus distinguishing between the two concepts. I am saying that this would need further discussion and legal analysis, but that if we came to the view that there was any sort of risk to individuals, there should be a power to make it possible to remedy the problem.

[Mr Chope]

rose—

[Mr Lidington]

I shall give way to my hon. Friend, but then I am going to press on.

[Mr Chope]

Is my right hon. Friend prepared to accept manuscript amendment (a)? Why does he not bring before us a draft of the regulations that he proposes? That is common practice in the legislative context, and Committees are often allowed to look at the draft regulations, but we do not have them before us.

[Mr Lidington]

It would be premature to bring forward draft regulations before the Bill has completed its progress through this House and before it has even started in the House of Lords. The provisions in amendment 53 include a duty on the Government, following the Select Committee’s advice, to consult the Electoral Commission about anything we might want to bring forward under this measure. Then, of course, those have to be laid before Parliament in the usual way, be debated and be approved or not approved in the same way as any secondary legislation.