European Union (Referendum) Bill

Lord Trefgarne Excerpts

Friday 10th January 2014 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, the European Union (Referendum) Bill to which we are invited to give a Second Reading today is a mercifully short one, but it is also exceptionally significant. It puts into play Britain’s role as a member of the European Union—a role that underlies much of the functioning of our economy and our capacity to influence and shape events in a rapidly changing world. To act in this way with our European Union membership is a high-risk strategy that has been ill thought through by its authors and is fraught with possible unintended negative consequences for this country. However, our task, as with every other Bill that comes before us, is to scrutinise the Bill rigorously and, where possible, improve it—not simply denounce it, tempting though that may be.

The Bill is also in many respects an oddity. First, take its proclaimed status as a Private Member’s Bill. That is surely more of a sham than a reality. Just about the only characteristic that fits its proclaimed status is that we are debating it on a Friday and will continue to do so as we work our way through its Committee and Report stages. However, I understand that the Bill was as good as whipped in another place and, if I am not badly informed, it is as good as whipped in this House. It has been openly suggested by Ministers of one of the two coalition parties that the Bill has their full support. That hardly makes it much of a Private Member’s Bill, even if it was introduced in this House by a distinguished Back-Bencher, the noble Lord, Lord Dobbs, who has, with others, regaled us over the years with the odder aspects of our political life.

The oddities do not stop there. It is generally recognised as a convention of our unwritten constitution that our Parliament cannot and should not aim to bind the hands of its successors, but the sole purpose of this Bill is to do precisely that. It has no other purpose and will have no effect at all during the lifetime of this Parliament. Its object is to ensure that, whatever the outcome of the 2015 election, the die will have been cast. Once a precedent like that has been set, one wonders what there will be to stop any Government that can exercise a majority in the other place from pre-legislating commitments for their successor.

Another oddity is that only two years or so ago, when we dealt with the European Union Act 2011 and its 57 or so varieties of decision in the EU that would trigger a referendum in this country, we were assured with great intensity and certainty by the noble Lords, Lord Howell of Guildford and Lord Wallace of Saltaire, that once that Act was passed Britain would be at ease with its membership and there would be no question of needing any referendum outside the scope of that Act. What has happened in the two and a half years since then to justify reversing those assurances? It is not anything in Brussels, where no decision has been taken to trigger that Act. I suppose the answer must be the rise of UKIP and the attitude of a significant number of the Government’s supporters in another place who believe that, because they cannot secure a majority in Parliament for their objective of Britain withdrawing from the EU, some other means must be found.

The finally oddity is that the cry has gone up before we have even given the Bill a Second Reading that this House should not resist the will of the elected Chamber. Yet, if you come to think of it, every Bill that reaches this House from another place falls into that category. Are we therefore not to scrutinise or, where we consider it to be defective, amend this Bill? If so, there is not an awful lot left for us to do and the concept of a bicameral system would be junked.

In addition to these oddities and constitutional imperfections, the Bill has a number of other substantive defects. Does it really make sense to impose an artificial timetable and deadline of 2017 for the holding of an “in or out” referendum, some three years or more ahead of the event? I suggest not. For one thing, 2017 is a singularly poorly chosen year for such an exercise. In the first half of that year, France will hold presidential and parliamentary elections. In the second half, the Germans will hold national elections and, judging by last year’s precedent, it takes some time and much internal negotiation before they form a coalition. That same year, Britain will next hold the presidency of the European Union. These are as suboptimal conditions as one could devise for this choice of year, so there must be doubt that it is really a sensible way to proceed.

But the whole concept of setting a date so far in advance is surely deeply flawed, too. Would it not make more sense for the Government of the day first to secure the reforms they wish for in order to put the question on Britain’s continued membership to a referendum and then set a date? That is what was done in 1974-75. Does it not also make no sense to create such a long period of uncertainty for inward investors, on whose decisions the continued improved of the economy is so dependent?

Then there is the question to be put in the referendum. The authors of this Bill devised a form of words that the Electoral Commission judged to be flawed on the grounds of clarity and objectivity. More than that, the Electoral Commission submitted two formulations which it believed met those criteria, but the authors of the Bill brushed those aside and continued with their own. What on earth do we have an Electoral Commission for if we just ignore its advice? I was glad to see that our own Constitutional Committee shared my bafflement at this cavalier treatment of that advice.

There is also the question of the franchise, which has been referred to by other noble Lords. It is no doubt very welcome that Members of your Lordships’ House are to be allowed to vote on this occasion, but three important and much larger blocks of voters who will be critically affected by the decisions to be taken as a result of the proposed referendum are being excluded, despite the fact that this is not a vote for the duration of a five-year Parliament but a much longer period. The three blocks are: teenagers between the ages of 16 and 18, whose future job prospects and lives will be directly affected; the 1.5 million to 2 million British citizens resident in other member states, many of whom are disfranchised from our parliamentary elections due to the length of their residence but whose rights and status will be directly affected by this decision; and citizens from other EU member states resident in this country who can vote in our local elections and who will also be affected by this. Does the case for giving these categories the vote on this occasion not deserve careful consideration?

We surely need some threshold to be set for a referendum of this sort if its outcome is to be considered legally or politically binding. If either the turnout or majority for the result was to fall short of certain levels, it would be a travesty to argue—as the proposers of referendums are wont to do—that “the people have had their say”.

What, too, about the requirements for the provision of relevant, objective information to the electorate ahead of the vote? On this, the Bill we are considering is completely and astonishingly silent. Is it just to be left to government edict and the protagonists in the campaign to provide information—or perhaps disinformation? Or will a party with the majority in the other place after the 2015 election simply be able to impose its preferences in this respect? That surely would not do. That was certainly the view of our Delegated Powers Committee when it reported. Would it not be far better to set out in this Bill the way in which information should be provided ahead of a referendum vote on the economic impact of the decision, the consequences for individuals’ rights and status, and so on? Nothing is more distorted—

[Lord Trefgarne (Con)]

My Lords, I apologise for interrupting the noble Lord, and I will do so very briefly. I am listening very carefully to what he has to say—detailed arguments which will no doubt be redeployed in Committee. Could he indicate for how much longer we will have to listen to this?

[Lord Hannay of Chiswick]

This is not a time-limited debate, and I have not the slightest intention of replying to that interruption, but I am in fact getting rather close to the end. That will give pleasure to the noble Lord, and he would have spared us two minutes’ more time if he had not made that intervention.

It is essential that objective information should be provided, and the requirement for the provision of such information would best find its place in the Bill itself.

I apologise for having spoken at some length about the deficiencies of the Bill. I hope that its promoters will reflect carefully on the points that I and others are making before we reach Committee and Report on the Bill. This is far too serious a matter, with profound consequences for the future of this country, to be handled in the rather slap-dash and simplistic way that the legislation does in its present form.

--- Later in debate ---

[Lord Davies of Stamford]

Noble Lords opposite may well think that that is an appalling prospect, and they are entitled to feel that. However, they cannot deny that that is a possible choice. They also cannot deny that that is a choice that many of our partners in the Union—the majority of them—have taken. They cannot fairly deny that there are good theoretical arguments for all those proposals. It might very well be argued that now would be a very good time to join the euro, before interest rates and the parity go up, but we are not having that discussion today. However, that choice is being denied to the British people. Other people have had the choice of doing that, but we have not—our electorate have not.

Clearly, both parties in this rather squalid transaction between the extremist Eurosceptics in the Tory party and the Prime Minister have been at one, I am sure, in wishing to exclude any possibility of going down that road, which they would call the federalist road. So democracy has not reached that far, and democracy will not include giving the opportunity for that particular choice to be expressed in the referendum. There may be practical reasons: people would say, “Well, you can’t have more than two questions in a referendum”—but that is nonsense. If there was an aggregate majority of those who were in favour of our joining the core of the European Union on the one side and those who were in favour of joining the Union with the various derogations negotiated by the Prime Minister on the other, and if those two votes together came to a majority of the vote, clearly you could not argue that there was a majority in favour of our leaving the European Union. So in practical terms this is a very real possibility.

I notice that I have gone beyond 3 pm. Quite disgracefully, no one from the Front Bench and none of the Whips sitting there has interrupted me, which of course they should have done. Therefore, I have no bad conscience at all in delaying the House a little longer. That is their fault, not mine. They are in breach of the rules. What is more, this precedent is something that we should not forget, and one that should be applied in all fairness and in all honesty to all future Private Members’ Bills. Otherwise, this will just be seen as a very underhand procedural trick by the Government. Of course, it also blows the cover completely about this being a Private Member’s Bill. It is nothing of the kind.

[Lord Trefgarne]

My Lords—

[Lord Davies of Stamford]

No, I am not going to give way. I know perfectly well what the noble Lord is going to say, and I am not going to give way. I am going to finish my remarks, and I am not going to give way. I make that absolutely plain. There has been scandalous conduct in this House this afternoon, not by me or anyone on my side but on the part of the Members of the government Front Bench sitting opposite, and I am certainly not going to allow them or any of their minions to interrupt me.

What do we do in the squalid circumstances that I have described? We do our duty, and look at this Bill thoroughly, sceptically and responsibly. If we can improve it, we improve it. There are one or two particularly scandalous aspects of the Bill, notably where the Government try to override the decisions of the Electoral Commission on the formulation of the question. That amounts to appointing an umpire and then rejecting the umpire’s decisions. It is a scandalous thing to propose and, obviously, something that this House needs to look at very sceptically, along with many other things. We will not do our duty if we do not do that.