Prorogation (Disclosure of Communications)

Joanna Cherry Excerpts

Monday 9th September 2019 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

I rise to state the Scottish National party’s unequivocal support for this application and to congratulate the right hon. and learned Member for Beaconsfield (Mr Grieve) on obtaining this debate. Unlike the hon. Member for Redditch (Rachel Maclean), I am going to confine myself to the terms of the motion, but I wish gently to remind her that this motion is supported by Members from across the House, some of whom, like her, have constituencies that voted leave and some of whom, like me, have constituencies that voted remain. The will of the people in Scotland is to remain, so I have no shame in having that as my primary motivation. Having said that, I am also very concerned to ensure, for as long as I and my colleagues are here, that this Parliament and this Government do things properly, and there are strong grounds for suspicion that things have not been done properly in relation to this Prorogation. The dogs in the streets know that the reason this Prime Minister is proroguing Parliament is to avoid scrutiny as he hurtles towards 31 October and a no-deal Brexit. Nobody is fooled that the Prorogation has anything to do with the need to commence a new Session and to have a Queen’s Speech on pressing domestic Bills, which none of us has seen so far. If the litigation in which I and others in this House are involved in Scotland achieves nothing else, it will have shown that something is very much awry with the reasons given for the Prorogation.

[Justine Greening]

I agree with what the hon. and learned Lady says. Were we able to have a voice on this, many Members of this House would think that we should not even have the conference recess for three weeks and that Parliament should be here doing its job at a time of crisis, speaking on behalf of our communities.

[Joanna Cherry]

I entirely agree with the right hon. Lady on that matter. The documents lodged with the Scottish Court last week, and revealed to the public against the Government’s wishes but as a result of interventions by the legal team that I and others in this House instruct, and by the BBC and other newspapers, show that the Prime Minister had approved a plan to prorogue Parliament on 16 August. Yet, as the right hon. and learned Member for Beaconsfield said in his opening speech, as late as 25 August a No. 10 spokesperson was still denying that there was any such plan to prorogue. Indeed, in the pleadings lodged by the Government in response to the action raised in Scotland by myself and other Members of this House, the British Government referred to our contention that we were in fear of a Prorogation as hypothetical and academic. So there are very real reasons to believe that this Government are economical with the truth.

The memos produced by the British Government showed not only the somewhat distasteful comment about girly swots, with which the right hon. and learned Member for Beaconsfield dealt most ably, but that the reason why the current Prime Minister wants to prorogue this Parliament is because he wants to avoid what he referred to as the “rigmarole” of this Parliament sitting in September. So even if the Scottish case achieves nothing else, it has shown that the Government have not been entirely truthful so far.

Another myth was finally put to rest at the weekend when the right hon. Member for Hastings and Rye (Amber Rudd) resigned. Most of us were not surprised to hear her confirm that there are, in fact, no renegotiations ongoing with the EU. Of course we already knew that from the former Chancellor of the Exchequer and from a number of counterparts in the EU. I noted last week at the Brexit Select Committee that the Chancellor of the Duchy of Lancaster initially tried to give the impression that negotiations were ongoing but when pressed on the matter he conceded that there are no negotiations as such, merely discussions. We heard that from him last week, but it was good to hear it from someone who has so recently been at the heart of government and has had the decency to leave the Government given what she has seen.

The weight of evidence regarding the damage that no deal would do to the nations of these islands is overwhelming. We all know that from the work we have done on Select Committees over the past few years—work that will not be happening in the next few weeks, when Parliament is prorogued. But still the Government will not tell us the truth about the assessments they have made of the impact of a no-deal Brexit and the preparations they are making for that. So it is right that this House seeks the documentation relating to Operation Yellowhammer.

I will now concentrate on the Prorogation case, because myself and a number of other MPs and peers, as well as Jo Maugham, QC, and the Good Law Project, have raised an action in Scotland, in which we argue that Parliament is being prorogued for an unlawful purpose and to prevent democratic scrutiny, and that therefore the courts should overturn the order to prorogue. Although the judge at first instance was not with us, we had a full hearing before Scotland’s Appeal Court last week, and we are awaiting the outcome of that decision on Wednesday. Of course a date, 17 September, has also been assigned at the UK Supreme Court to hear any further appeal in the Scottish case and also an appeal on the proceedings raised in England and Northern Ireland. Members of the public should be aware that if the courts eventually find out that Prorogation was unlawful, they can order this Parliament to return. So even if we are prorogued tonight, all is not lost.

In the course of these proceedings, something curious happened last week. I commend to hon. Members’ attention an interesting article about this in the Financial Times at the weekend by David Allen Green, the distinguished legal commentator, entitled: “The curious incident of the missing witness statement”. In the Scottish case, the petitioners argue that the Government had an improper motive in seeking Prorogation, and we say that the real intention was a cynical effort to close down Parliament so that it could not block a no-deal Brexit. Usually, there is a pretty straightforward way for the Government or the responding party to rebut or refute an allegation of such bad faith. Where somebody is facing such an allegation of bad faith, the normal thing to do in an action of judicial review would be to submit a sworn statement—an affidavit—setting out the way in which the decision was made and that the decision was properly taken and to lodge relevant supportive documentation. What happened last week in Edinburgh was that the Government did not provide any such witness statement. They provided no such sworn affidavit and no official explanation. They simply supplied some documents, heavily redacted, without any covering explanation. The absence of such a statement in such litigation is, as David Allen Green says, very “conspicuous”.

[Kevin Brennan]

I am certainly not a lawyer, but general knowledge leads me to ask: is what the Government are doing here not, in effect, the equivalent, in American terms, of taking the fifth—refusing to give evidence on the basis that it might incriminate them or cause them to commit perjury?

[Joanna Cherry]

It does rather have the whiff of that.

At Prime Minister’s questions last week, the right hon. and learned Member for Beaconsfield asked the Prime Minister why it had proved impossible during the Scottish legal proceedings to find any Government official or Minister who was prepared to state on oath in a sworn statement the reasons for Prorogation. The Prime Minister did not answer the question. As the right hon. and learned Gentleman explained earlier, it has been suggested to a number of Members, myself included, by reliable sources, that Government officials were approached by the Government Legal Service about swearing such statements but refused to do so. I cannot know the reasons why they refused to sign a sworn statement; I can only speculate. I speculate that perhaps they refused for fear of perjuring themselves, or for fear that to tell the truth would be damaging to the Government. The idea that any Government official should be put in a position in which they fear having to perjure themselves before the courts of the jurisdictions of Scotland or England, or indeed any jurisdiction in the United Kingdom, is very concerning.

The same sources that suggested that officials have refused to sign sworn statements have also suggested to me, and to other Members of the House, that key figures in No. 10 and the Government have been communicating about the real reasons for Prorogation not through the official channels of Government emails and memos, but by personal email, WhatsApp and “burner” phones—normally used by people involved in a criminal enterprise to avoid being traced. If that is true, they will have adopted a subterfuge, and there can only really be one reason for that: to conceal the real reasons for Prorogation from the scrutiny of this House and, very seriously, the scrutiny of the courts.

The right hon. and learned Member for Beaconsfield explained at some length what careful thought he has given to the way in which this has been presented. I will not repeat any of that, other than to say that he has clearly applied his mind very carefully to it, and the allegations that underlie the motion are very serious. If there is no truth in them, so be it. But let us pass the motion and let there be transparency and accountability, because those are the two things, I suggest, that this Prime Minister and his shabby Administration fear the most.

[Caroline Lucas]

The hon. and learned Lady is making a powerful case. Does she agree that this Government’s cavalier treatment of parliamentary procedure and democratic principle underlines the need not for uncodified practices but for a written constitution and, in particular, a citizens’ assembly that could once again put the people at the heart of our democracy?

--- Later in debate ---

[Joanna Cherry]

I agree with my hon. Friend, but I would take the argument further, because the shabby practices of this Government and the creaking of the British constitution underline, in my mind, the need for my country to be independent of this mess.

Even as we have been speaking this afternoon, it has been reported on Twitter—this point has already been alluded to—that unidentified No. 10 sources are saying that even if we pass this motion for an Humble Address tonight, they will not comply with it. [Interruption.]

[Mr Speaker]

Order. I am extremely grateful to the hon. and learned Lady, but I gently point out to her that, as there is a significant number of other Members waiting to contribute, and as the right hon. Gentleman the Chancellor of the Duchy of Lancaster has every right and reasonable expectation to think that he will have 10 minutes or so to speak, I am cautiously optimistic that she is approaching her peroration.

[Joanna Cherry]

You are correct, Mr Speaker; I am about to draw my remarks to a close.

I am a student more of Scottish history than of English history, but our histories are bound together, and I know enough about English history to know that it was secret, unaccountable whispers of poison that brought down Edward II and Richard II. I suspect that this Prime Minister will be brought down by secret, unaccountable whispers of poison, such as those in the unattributable briefings we heard this afternoon. Let us make sure that this House and the courts see the contents of the secret whispers of poison that preceded this Prorogation, so that we can all see the real reasons why the House of Commons has been prorogued by an Executive terrified of scrutiny.

[Several hon. Members rose—]

--- Later in debate ---

[Michael Gove]

No.

The Cabinet Secretary, when he appeared before the Procedure Committee, made it clear that this convention that advice should be private has applied to Governments of all parties throughout the history of the civil service. He said that the Humble Address—the particular procedure that we are debating today—has a chilling effect that is to the severe detriment both of the operation of government and the public record of Government decisions. That is the Cabinet Secretary’s view. It is interesting that my right hon. and learned Friend the Member for Beaconsfield said that of the nine people whom he names, only one was a civil servant. Four are civil servants, including the Cabinet Secretary, and he has been clear, as Administrations of every colour have been clear, that they do not disclose this information.

Indeed, sometimes—I listened with care to what the hon. and learned Member for Edinburgh South said—there are Administrations who say that they do not reveal legal advice even when it does not exist. She told us that if we had an independent Scotland, the rules, procedures and practices in an independent Scotland would set an example to us here. But the former First Minister of Scotland, Alex Salmond, told the BBC that he had legal advice on the impact of Scotland being independent in Europe, and then, when he was asked to publish that legal advice, spent £20,000 of Scottish taxpayers’ money fighting that and saying that no freedom of information requests should be granted. Then eventually, when the court found out what had happened, there was no legal advice at all. So I will take no lectures from the Scottish National party about trust or transparency.

[Joanna Cherry]

rose—

[Ian C. Lucas]

rose—

[Michael Gove]

No, no—absolutely not. [Interruption.] No—no, thank you.

What is being asked of this House is more than just the publication of advice: private communications of a variety of public servants are about to be published if this Humble Address is published. My right hon. and learned Friend did not ask specifically in this Humble Address—

[Joanna Cherry]

Will the Minister give way?

[Michael Gove]

No. [Interruption.] No, thank you.

He did not—[Interruption.] I am not scared of the truth—Alex Salmond was scared of the truth, which is why he spent my mum and dad’s money to hide the truth.

G7 Summit

Joanna Cherry Excerpts

Tuesday 3rd September 2019 Commons Chamber

[The Prime Minister]

No, and I made that point very clearly at Biarritz.

[Joanna Cherry (Edinburgh South West) (SNP)]

It is good to hear the Prime Minister say that he will uphold the constitution and the rule of law, because of course it is essential that the United Kingdom upholds the rule of law for effective working with the G7 in future. Will he give the House his word that he and his Government will respect legislation passed by this House and decisions made by the two legal jurisdictions in this Union—the jurisdiction in Scotland and the jurisdiction in England?

[The Prime Minister]

I refer the hon. and learned Lady to the answer that I gave just a moment ago.

Priorities for Government

Joanna Cherry Excerpts

Thursday 25th July 2019 Commons Chamber

[The Prime Minister]

I thank my hon. Friend for everything that he has done to promote home ownership and the stamp duty reforms. I believe that in this fantastic capital city of Europe and of the world, stamp duty is choking the market at the moment. We need to think about the way it is working and to see what we can do to free it up and give more people the chance of home ownership.

[Joanna Cherry (Edinburgh South West) (SNP)]

In 2012, when the majority of the Members of the Scottish Parliament wanted to hold an independence referendum, the Prime Minister’s predecessor and friend, David Cameron, agreed the means to do so. Now that the same mandate exists, is he brave enough to do the same, or is he afraid that he will be the last Prime Minister of the United Kingdom?

[The Prime Minister]

I think that distinguished former Prime Minister’s commitment was—and it was universally agreed—that the event in 2014 was a once-in-a-generation referendum, and that is the way it should be.

Detainees

Joanna Cherry Excerpts

Thursday 18th July 2019 Commons Chamber

[Mr Lidington]

I am grateful for my right hon. and learned Friend’s welcome for Sir Adrian’s report and the new principles that the Government have accepted. I was expecting him to express disappointment about our decision with regard to a judge-led inquiry.

I do not want to spend too much time going over old ground, but, as I said in response to the right hon. Member for Islington South and Finsbury (Emily Thornberry), the ISC was given access to all the material that the Government supplied to the Gibson inquiry and in relation to other matters. I understand that the Committee took more than 50 hours of oral evidence, reviewed 40,000 original documents, and devoted more than 30,000 staff hours to its inquiry.

The one point of difference concerned the Committee’s request to take evidence from junior officials. The Government attempted to find a compromise that would enable some of them to appear, but we were unable to reach agreement on that. It is a long-established principle that junior staff are not required personally to answer to parliamentary Committees. That is recognised in the Government’s memorandum of understanding with the ISC, which permits the Committee to take oral evidence from Ministers, agency heads and senior officials. A number of those whom the Committee wished to interview had been junior officials at the time of the events in which the Committee was interested.

Let me now respond to my right hon. and learned Friend’s direct question. One of my concerns about the judge-led inquiry is that it would give rise to expectations about closure, but would not be able to deliver them. By definition, the sort of material that we are talking about could not be discussed openly without risk of harm to the national interest. Apart from the fact that we see neither a legal nor a policy reason for resuming a judge-led inquiry, I fear that the offer of closure would eventually be seen as a grave disappointment by those who are arguing for a such an inquiry because of the necessity for secrecy.

[Joanna Cherry (Edinburgh South West) (SNP)]

I thank the Minister for advance sight of his statement and agree with others that much of it is to be welcomed. However, like others I regret the decision not to hold an independent judge-led inquiry. The arguments that the Gibson and ISC investigations obviate the need for an independent judge-led inquiry do not hold water, because, as the right hon. and learned Member for Beaconsfield (Mr Grieve) said, the ISC’s investigation took place under such severe Government restrictions that, as the Committee itself states, it was left unable to conduct an authoritative inquiry or produce a credible report. As a result, the ISC chose to classify its report and its conclusions as provisional and warned that it must not be taken as a comprehensive account. Does the Minister not see that the only way to take the work of the ISC forward and properly address what went wrong is to establish an inquiry with the necessary powers to follow the leads that the ISC could not? Obviously, some aspects of that inquiry could not be held in public, although others could, and the right model for this is an independent judge-led inquiry with the full powers of such a judge-led inquiry in relation to the production of evidence and the attendance of witnesses, along with the independent ability to assess all the evidence and make a determination as to what cannot be published for national security reasons. Does the Minister not see that such an inquiry would not be required to start from scratch? It could take the ISC findings as a base, and they could provide a clear road map for a future investigation. A judge-led inquiry could focus on answering the unanswered questions, reviewing the unexplored cases and examining the evidence the ISC was not able to see. With such considerations in mind, can the Minister not see that there is unfinished business here, and does he think that the incoming Administration might reconsider this decision, having regard to the points I have made?

[Mr Lidington]

I cannot speculate about what an incoming Administration might or might not do. I am grateful to the hon. and learned Lady for her welcome for the principles, but I disagree with her on this point: I do not see that a revived judge-led inquiry would add anything to the actions that have already been taken. The Government and the agencies have accepted that things were done wrong, for various reasons, between 2001 and 2010. As a result of internal investigations, the ISC’s reports and the commissioner’s recommendations, significant improvements have been made to the internal training of staff in the agencies. There is much greater clarity and rigour in the guidance that officers are given, and the accountability of officers to Ministers in cases where there might be a risk of torture or inhuman treatment has been highlighted in the guidance and the training.

In the light of those changes, it is our view that no new policy decision would arise out of a further judge-led inquiry, nor do we believe that there is a legal obligation on the Government to hold such an inquiry. The police have had access to all the material they wish to access about individual cases, and, as I have said, they have concluded a number of investigations without need for further process, while a few investigations are continuing. So I think all necessary steps have been taken.

Detainee Mistreatment: Judge-led Inquiry

Joanna Cherry Excerpts

Monday 15th July 2019 Commons Chamber

[Mr Lidington]

As I said earlier, it is the duty of every Minister, in line with the Ministerial Code, to comply with our international as well as our domestic legal obligations. In the case of officials, those obligations are statutory, because the civil service code is itself incorporated in statute. I hope that when my right hon. Friend sees the detail of what will be announced later this week, he will be able to feel reassured by it.

[Joanna Cherry (Edinburgh South West) (SNP)]

I commend the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), for bringing this matter to the Floor of the House, and for securing what seems to be something of a concession in relation to an announcement later this week. However, it is still very unclear why there has been such a lengthy delay since the undertaking given more than a year ago that the decision would be brought to the House “within 60 days”. Can the Minister elucidate?

Before the publication of the Intelligence and Security Committee’s report on these matters last year, the United States Government were given the chance to review the report and to request redactions. Will the Minister tell us what discussions have taken place with the Trump Administration about a potential inquiry, and will he reassure us that the Government’s delayed response is not a consequence of pressure from the United States?

[Mr Lidington]

This has taken time because the Government have felt, I think rightly, that an issue of such importance and sensitivity requires very careful and meticulous consideration. The Government’s decisions are made on the basis of the United Kingdom’s national interest, and nothing else.

Oral Answers to Questions

Joanna Cherry Excerpts

Wednesday 19th June 2019 Commons Chamber

The Secretary of State was asked—

[Joanna Cherry (Edinburgh South West) (SNP)]

1. What recent discussions he has had with the Prime Minister on the UK leaving the EU without a deal.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

11. What recent discussions he has had with the Prime Minister on the UK leaving the EU without a deal.

[The Secretary of State for Scotland (David Mundell)]

I should like to begin by wishing Shelley Kerr and the Scotland team all the best in tonight’s women’s World cup match against Argentina. Although results have not necessarily gone the team’s way to date, they have been a credit to Scotland and have transformed people’s views on women’s football.

I have had regular discussions with the Prime Minister on a range of matters relating to EU exit. It is the Government’s position that leaving the EU with a deal is in the best interests of Scotland and the UK.

[Joanna Cherry]

One thing that the Secretary of State for Scotland and I can agree on is wishing our colleagues well in the football, and, of course, things always go very well for the Scots where Argentina and football are concerned.

It seems clear that the Conservative party is on the verge of electing a new leader and Prime Minister whose primary purpose will be to deliver a no-deal Brexit. Is the Secretary of State prepared to be part of a no-deal Cabinet that will shrink our economy by up to 7% and put 100,000 people in Scotland out of a job?

[David Mundell]

Obviously, I am answering questions on behalf of Her Majesty’s Government and not on behalf of the leadership candidates, but I am clear that those aspiring to the leadership of the Conservative party want to leave with a deal. Throughout this process, I have voted on every occasion to leave the EU with a deal. The hon. and learned Lady has never done so.

EU Parliament Elections: Denial of Votes

Joanna Cherry Excerpts

Tuesday 4th June 2019 Commons Chamber

[Kevin Foster]

Let us be clear: Britain’s membership of the European Union was first decided by the parliamentary franchise in the form of the elections to this House back in 1972. It was therefore the parliamentary franchise that was used, with the addition of Gibraltar and Members of the other place. That is the one that the House chose for the referendum in 2016, and hopefully this House will actually finally listen to what was said in 2016 and implement that referendum vote.

[Joanna Cherry (Edinburgh South West) (SNP)]

On 23 May, a significant number of my constituents who are EU nationals were denied their basic human right to vote, despite me and others having repeatedly raised on the Floor of the House the risk that that would happen, including my making a direct appeal to the Prime Minister at PMQs on the day before the elections to use the power of her office to do something about it. Does the Minister appreciate how this scandal has exacerbated the fears of EU citizens that their rights are not taken seriously by this Government? Does he therefore understand why there must be an inquiry into the Government’s failure to act, and will he answer the question posed by so many other hon. Members and commit to that inquiry?

[Kevin Foster]

I recall that the hon. and learned Lady’s suggestion at Prime Minister’s questions was about having forms at the polling station. However, that would directly conflict with the requirements of the Council directive, which says:

“sufficiently in advance of polling day.”

We could not have complied with that in having forms at the polling station. In terms of a review of what happened, as I have now said several times, the Electoral Commission, as it always does, will review the conduct of the poll and bring forward recommendations, and it is completely independent in doing so.

Oral Answers to Questions

Joanna Cherry Excerpts

Wednesday 22nd May 2019 Commons Chamber

[The Prime Minister]

My right hon. Friend has put his case and that of the veteran he is representing, a Chelsea pensioner. We thank that individual, as we thank all those who served in Northern Ireland for their bravery and the determination with which they acted in Northern Ireland. As my right hon. Friend the Member for North Shropshire (Mr Paterson)—a former Northern Ireland Secretary—said, that bravery and determination enabled the peace that we see today in Northern Ireland.

It is not the case that the terrorists currently have an amnesty. [Interruption.] No, it has been made very clear that evidence of criminal activity will be investigated and people should be brought to justice. I want to ensure that we have a fair and just system. I do not believe that the system is operating fairly at the moment. I do not want to see a system where there is an amnesty for terrorists. I want to see a system where investigations can take place in a lawful manner, and where the results of those investigations can be upheld and will not be reopened in the future. In order to do that, we need to change the current system, and that is what we will do.

[Joanna Cherry (Edinburgh South West) (SNP)]

Over the last few days, I have received distressed emails from a number of constituents who are EU citizens living in the UK, but who will not be able to vote tomorrow. Their predicament arises because of this Government’s late decision to participate in the elections, which did not give many EU citizens enough time to fill out the necessary form declaring that they will not be voting elsewhere. Will the Prime Minister use all the power of her office to take immediate steps this afternoon to ensure that the necessary form is made available at polling stations tomorrow so that EU citizens living in the United Kingdom will not be disenfranchised?

[The Prime Minister]

We take every step to ensure that those who are entitled to vote in elections are indeed able to do so. The hon. and learned Lady says that it was a late decision by the Government to enter into the European elections. Of course, that decision was taken because of a decision by this House on 29 March not to agree a deal that would have made it unnecessary to hold European elections.

Leaving the European Union

Joanna Cherry Excerpts

Wednesday 22nd May 2019 Commons Chamber

[The Prime Minister]

My hon. Friend is absolutely right, particularly in the point he makes about the dangers of a no-deal Brexit for the future of the United Kingdom. That is a key concern of mine in relation to that issue. It is also surprising to see that some of those who, at the time of the referendum, while encouraging people to leave, were talking about leaving with a deal, being like Norway and accepting those sorts of restraints on the United Kingdom’s ability, are now unwilling to accept a deal that would enable us to leave and would be good for the future of the UK. When people come to vote at the European elections tomorrow, they have an opportunity to vote for a party that not only believes in delivering Brexit but can do it, and that is the Conservatives.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Prime Minister has said that this 10-point offer was framed after having listened to the devolved Administrations, yet there is nothing in it to address the concerns expressed by Scotland’s Government, the cross-party majority in Scotland’s Parliament and the majority of Scottish Members elected to this House. Now that her days of sneering at the democratically elected representatives of voters in Scotland are nearly at an end, does she concede that her successor will need a more intelligent approach to Scotland than she has felt able to adopt?

[The Prime Minister]

We have consistently engaged with the Scottish Government, and with the Welsh Government, throughout our discussions and negotiations on our future in the European Union. What is important is that we all recognise the responsibility we have to deliver on the vote that took place in 2016—

[Joanna Cherry]

I don’t have that responsibility.

[The Prime Minister]

The hon. and learned Lady says she does not have that responsibility. She is an elected Member of this House and she has a responsibility in the votes that she casts. She has said consistently that she does not want us to leave without a deal. That can only happen if we have a deal, or, of course, if we choose to stay in the European Union. She says that we have not listened to the Scottish Government. What the Scottish nationalists have made clear at every stage is that they wish to revoke article 50, they wish to go back on the referendum result of 2016, and they wish to keep the United Kingdom in the EU. The majority of the British public do not want that; they want the party in government and parliamentarians in this House to deliver on what they asked us to do.

Electoral Registration: EU Citizens

Joanna Cherry Excerpts

Thursday 25th April 2019 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

I am delighted to confirm that the Scottish National party is looking forward to the upcoming European elections, as an opportunity to demonstrate Scotland’s opposition to Brexit and our commitment to the visions and ideals of the European Union, particularly the protection of the rights of its citizens. It is therefore concerning to hear that a lack of Government planning means that many EU citizens may be unable to register to vote in these elections.

Of course there was quite a mix-up back in 2014 in this regard, meaning that up to half a million EU citizens were prevented from voting, and the Electoral Commission was supposed to have had that sorted out in advance of any further European elections. Given what EU citizens have been put through in the past few years, it is particularly concerning that their voice may not be heard in these elections. It is all very well for the Minister to suggest that they should go home to vote, but, as has been pointed by the hon. Member for Hornsey and Wood Green (Catherine West), whom I congratulate on securing this urgent question, many of the registers are already closed in other European Union countries, because, unlike ours, their Governments were organised.

May I therefore echo some of the requests made by others and ask, in particular, that the deadline for registration be extended? May I also ask the Minister not to shuffle responsibility off on to the Electoral Commission, but to take Government responsibility for what has happened here and to make sure that the Electoral Commission is indeed writing to all local electoral registration officers and monitoring their compliance with the reminder to send out these forms?

Finally, given that we are in this mess because of the way the Government have handled the Brexit process, will the Minister take some Government responsibility for an information campaign aimed at EU citizens to make sure that they are registered to vote—or are the Government afraid of what these people will vote for if they are registered?

[Brandon Lewis]

I must say to the hon. and learned Lady that I do not accept the premise of some of her points—in fact, I think they are based on an entirely false premise. First, what she said I said is not what I said. In answer to her final point, which links to that, let me say that over the past year the Government, and indeed the Electoral Commission, have been advising EU residents to register in their member state. That is not the same thing as saying, “Go home and vote.” However, it does fulfil her last request, as we have been advising EU citizens—understandably, as we did not expect to be fighting these elections—that if they wish to exercise their vote, they should register in their home member state, because that is where there would be a European election.

Of course, if the honourable looks back in Hansard later, she will see that in my opening remarks I outlined that the Electoral Commission is in contact, and has been in consistent contact, with electoral registration officers about the processes to make sure that things are in place.