Council of Europe

Debate between Graham Allen and Owen Paterson

Monday 16th November 2015 Commons Chamber

[Mr Paterson]

That is an interesting point, which I touched on in my opening remarks. We had a lengthy statement lasting 90 minutes or so and I have just come back from France myself. People will wonder what we are doing discussing this arcane issue, but the Home Secretary was absolutely spot-on. The mood I experienced in France at the weekend was one of complete determination to carry on with normal business and not to be knocked off course. The Home Secretary was quite right to say that the football international should go ahead, and I think that we are quite right to go ahead with this debate on a Back-Bench motion, discussed by the Backbench Business Committee only last Thursday, arcane though it might be. We have had a good crack at discussing the horrors of the weekend and now we are discussing something fundamental that the people who launched the attacks do not even believe in. Who calls the shots? Is it the legislature or the Executive? There is a constant battle between the two and this tiny vignette continues that tussle.

[Mr Graham Allen (Nottingham North) (Lab)]

Further to his reply to the hon. Member for South West Wiltshire (Dr Murrison), does the right hon. Gentleman not concede that a Parliament that can stand up to Front Benchers and in which Back Benchers can exercise their rights is a Parliament that will answer some of the important questions that have arisen from the events of the weekend far better than one composed of yes-men and women?

[Mr Paterson]

That was well put and I will not attempt to improve on it.

Of the 12 Conservative members of the PACE from the House of Commons in the last Parliament, four retired at the general election and two others said that they did not wish to continue as members. The remaining six said that they wished to be reappointed, and, in accordance with the precedent, had no reason to believe that that would not happen. As we now have 13 members, that would still have left room for seven additions. At the end of October, however, the Government said that they would not reappoint three of the six who wished to be reappointed because they had voted in September in support of retaining purdah for the EU referendum. That was confirmed in a report in The Daily Telegraph on 4 November that quoted “Downing Street sources” saying that

“the trio had paid the price for rebelling against the Government”.

Such direct interference by the Government in the process of reappointment is at odds with the previous convention in the UK and is also against the statute of the Council of Europe. Article 25a of the statute of the Council of Europe emphasises that appointments or elections should be by Parliament and not by Government. As the hon. Member for Rhondda (Chris Bryant) rightly and accurately said during the urgent question on 3 November, correctly quoting article 25a:

“The Consultative Assembly shall consist of Representatives of each Member, elected by its Parliament from among the members thereof, or appointed from among the members of that Parliament, in such a manner as it shall decide”.—[Official Report, 3 November 2015; Vol. 601, c. 888.]

The Prime Minister’s role in announcing to Parliament the members of the UK delegation is purely formal, and before so doing he should consult the parties. This time, there was full consultation with the official Opposition and with other parties but none with the Conservative parliamentary party outside the Government. Why, for example, was there no consultation with the chairman of the 1922 committee of Back Benchers?

The three Members who are being punished for supporting the retention of referendum purdah were backed by the opinion of the independent Electoral Commission, the Political and Constitutional Reform Committee, and a majority of this House in a vote on 7 September. By penalising the three, the Government seem to be showing that, far from respecting the decision of the House, they resent it. It is peculiarly inappropriate to choose this issue to do so, as the Council of Europe set up the Venice Commission, otherwise known by its full name of the European Commission for Democracy through Law. It is the Council of Europe’s advisory body on constitutional matters. It has ruled on the conduct of referendums in guidelines and elsewhere. An analysis of its considerable output indicates that the Government’s stance on purdah in the EU referendum is clearly in breach of the European Commission’s guidelines. Specifically, the Venice Commission’s “Guidelines for Constitutional Referendums at National Level”, published in 2001 at its 47th plenary meeting, clearly states:

“However, the national, regional and local authorities must not influence the outcome of the vote by excessive, one-sided campaigning. The use of public funds by the authorities for campaigning purposes during the referendum campaign proper (ie in the month preceding the vote) must be prohibited.”

As recently as 2005, the Venice Commission built on those guidelines in “Referendums in Europe—an Analysis of the Legal Rules in European States”, which notes that Ireland makes provision for electoral neutrality; that in Portugal, all authorities are required to ensure the strictest impartiality; that Latvia must provide citizens with neutral information; and that the Russian Federation—that well known democracy—has neutrality rules. The UK Government were very much out of line in trying to abandon the purdah rules.

Oral Answers to Questions

Debate between Graham Allen and Owen Paterson

Thursday 25th October 2012 Commons Chamber

[Mr Graham Allen (Nottingham North) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Environment, Food and Rural Affairs (Mr Owen Paterson)]

I begin by paying tribute to the great work done by my right hon. Friends the Members for Meriden (Mrs Spelman) and for South East Cambridgeshire (Sir James Paice). I want to build on their efforts over the past two years by galvanising the rural economy while improving the environment. I hope that the hon. Gentleman will welcome this morning’s growth figures. We should not all jump at one set of figures, but growth of 1% is significant, and I really want the rural economy to play a part in future growth. Abroad, I will represent the United Kingdom in the European negotiations and I will promote British exports at every opportunity.

[Mr Allen]

I welcome the Secretary of State to his new responsibilities. Does he know that in my constituency the big water users such as textiles and brewers are now in decline—and many have disappeared—with the consequence that the water table is rising? Will he meet me, representatives from the city of Nottingham and the Local Government Authority to discuss sustainable urban defences against flooding? Would he please meet us soon?

[Mr Paterson]

I am grateful to the hon. Gentleman for his question. Happily, I was in Nottingham during my first week in office, looking at a £45 million flood defence scheme. I thought it was brilliant, not only in protecting 16,000 houses but, more importantly—I did not realise this until I went there—revealing 500 acres of previously blighted land that is now open for development by the private sector. I am interested in what he has to say. I will work on this issue with the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Newbury (Richard Benyon), who is the big expert, so it might be better for him to meet the hon. Gentleman.