European Union Referendum Bill

Mike Gapes Excerpts

Tuesday 16th June 2015 Commons Chamber

[Sir William Cash]

I just do not think that makes sense. The bottom line is that we are now so invading the ability of the voters in the referendum to make a free and fair choice, by canting the process and taking all the things to which I have just referred out of the equation, that we could seriously undermine the whole democratic process with respect to referendums. This is simply not a tenable position. If it was good enough for the Scottish and the Welsh, why is it not good enough for the referendum on the EU, which will go even further towards infringing—as we would put it—the role of this Parliament and our democratic freedoms?

I also want to discuss what publishing means. Section 125 of the 2000 Act is very general on this point, and this is what hon. Members are being asked to repeal this afternoon. It states:

“‘publish’ means make available to the public at large, or any section of the public, in whatever form and by whatever means”,

and the relevant period

“means the period of 28 days ending with the date of the poll.”

There are profound reasons for maintaining the status quo at this stage and for retaining the restriction, because once it has been repealed, we would then have to reinvent the wheel, as it were, on Report. That could open a huge can of worms for the Government. The question is: what would the Government not be restrained from doing, compared with some of the things that it is currently stated they would be restrained from doing?

The Minister for Europe has sent us a letter today, 16 June, in which he says:

“It is our clear intention, through the Bill, to provide a straightforward, fair and effective framework for the referendum.”

I have to say to him that I must cast some doubt on that in relation to the questions that are being raised. He goes on to say that it would be “inappropriate” to

“prevent Ministers from effectively conducting the significant amounts of ordinary day-to-day business between the Government and the EU that will necessarily continue during the pre-poll period.”

I have been Chairman of the European Scrutiny Committee for five years, and I just do not recognise this at all. There are things that go on in the monumental amount of material that comes in from the European Union, but in my judgment there is no suggestion that anything of this nature would be affected by retaining section 125. The section was applied during the Scottish referendum, which had a European dimension. The same applied to the Welsh Assembly. If it was all right for Ministers to continue to make statements in those circumstances, we should keep section 125 and do as the Foreign Secretary suggested during the Second Reading debate. The Minister for Europe’s letter states:

“The Foreign Secretary said during the debate that the Government will exercise proper restraint to ensure a balanced debate during the campaign.”

This is the moment to ensure that we get this right by keeping the restriction for the time being, having discussions and coming back with specific proposals on Report, on which we can then vote.

I acknowledge that the Minister for Europe has conceded that we have more than a reasonable case. His letter goes on:

“Working out a system that will reassure colleagues and voters that the referendum is a fair fight, yet will preserve the Government’s ability to act in the national interest is not straightforward.”

Well, it would be very straightforward if we kept section 125. He adds:

“It is important that it is legally clear and robust.”

It would make things very unclear and very unrobust if we were to remove the provisions in section 125, which are based on common sense and fairness and on giving voters a proper opportunity to make a fair choice.

[Mike Gapes (Ilford South) (Lab/Co-op)]

I rise to speak in support of amendments 49 and 50, which have been tabled in my name, and to give my support to amendment 54, which was introduced by my right hon. Friend the Member for Wolverhampton South East (Mr McFadden).

The Bill proposes that the referendum be held by 31 December 2017. That is in line with what the Prime Minister proposed in his Bloomberg speech in January 2013. I often wondered why 31 December 2017 had been chosen. I assumed that it was an arbitrary date midway through a Parliament elected in May 2015. In the last Parliament, when the former Foreign Secretary, William Hague, was questioned by the Foreign Affairs Committee, it seemed to come as a surprise to him when we pointed out that under the rotating presidency of the Council of Ministers the United Kingdom’s presidency would begin in July 2017. I do not know whether that had been taken into consideration when the Government produced their original proposal, but it will clearly be a major complicating factor.

We are debating the period of purdah. Just imagine what would happen if there were a meeting of the Council of Ministers in September 2017 and the referendum were to be held within 28 days of that meeting, in the October. What would Ministers be able to do or say during that period? Those Council of Ministers meetings have to be convened and chaired by the appropriate representative of the rotating six-month presidency, and there would have to be a British Minister present to represent the interests of the UK Government. What could those Ministers and their officials say and do during that period? There would be enormous complications if the Bill were to lead to a referendum being held in the last few months of 2017.

Under the constitution of the Federal Republic of Germany, there is a defined period within which the next German election will be held. It has to be held on 27 August 2017 at the earliest, and at the latest on 22 October 2017. One can imagine Chancellor Merkel, Mr Sigmar Gabriel, Mr Frank-Walter Steinmeier, Mr Wolfgang Schäuble and all the other senior figures on both sides of the German coalition being somewhat exercised and diverted from considering matters to do with the possible negotiated terms, or the nature of the negotiation, if we had not yet set the date for our referendum.

It seems, therefore, that any referendum held in the second half of 2017 would have major problems. Amendment 49 recognises that, and provides that the referendum in this country should be held before 1 July 2017—before the United Kingdom takes over the rotating presidency of the Council of Ministers and before the German election campaign. We might bring it forward to the first half of 2017, but I suspect that when the Prime Minister came up with his proposal in his Bloomberg speech he had not considered the election cycle in France. The first round of the presidential election has to be held in April 2017 and the second round in May. We could face trouble with the renegotiations in France if we were to have the referendum later in 2017.

[Mr David Nuttall (Bury North) (Con)]

I am listening closely to the hon. Gentleman, but is not the logic of his argument that, with 27 other countries in the European Union, there would never be a good time to have a referendum on our membership of the European Union?

[Mike Gapes]

My position on this matter is well known. I am not in favour of referendums, and neither was Margaret Thatcher. She quoted Clement Attlee, who said they were the devices of demagogues and dictators. However, that is a diversion from these amendments, so I will not go down that route.

[Stephen Gethins (North East Fife) (SNP)]

Does the hon. Gentleman think that it was a mistake of his Front Bench team to go against Labour’s manifesto commitment and to back a referendum?

--- Later in debate ---

[Mike Gapes]

No. Unlike the hon. Gentleman, if I lose an election or a referendum, I recognise the result. The fact is we lost the election. There will be a referendum and the best thing that we who believe in the European Union can do is to get into the fight and build a strong yes campaign. It is a pity that Scottish nationalists do not accept the result of the referendum they lost last year.

The problem we face is fundamental: the two major countries within the European Union—Germany and France—may be preoccupied with internal political campaigns and processes at precisely the time when we might be concluding the most difficult part of the renegotiation strategy. The solution might be to bring forward the referendum, as amendment 50 suggests, to before the end of 2016. That would still give time for the renegotiation to proceed, and for the Government to have a piece of paper to wave, saying it is a protocol that can be implemented later in future treaty reform, but not at that time. It could still provide the fig leaf that the Prime Minister will need if he is to claim that he has fundamentally renegotiated the terms of our membership. It will also give enough time for a considered campaign to ensure that there is a clear majority for our country staying within the European Union.

The other advantage of bringing forward the referendum is that it cuts the period of uncertainty for the Koreans, the Americans, the Chinese and the other countries wishing to invest in the United Kingdom. They would have less uncertainty than they would have if we left the referendum to the end of 2017. One of the strongest arguments against a referendum is the economic and political uncertainty it engenders. If foreign investors, or people planning long-term investment projects, think there is no guarantee that the United Kingdom will remain in the European Union, they will not give priority to investing in our country. They will hold back, or choose to go to a country such as Ireland, the Netherlands or France, where there is certainty over their continuing membership of the European Union.

--- Later in debate ---

[Mr Douglas Carswell (Clacton) (UKIP)]

Free trade.

[Mike Gapes]

The free trade that Switzerland and Norway have with the European Union is dependent on their complying with rules and regulations that are determined within and by the European Union member states, over which Switzerland and Norway have absolutely no say.

[Richard Drax (South Dorset) (Con)]

Does that not show the hon. Gentleman what a complete protection racket the whole thing is?

[Mike Gapes]

There we have it. We have the authentic voice of those who want us to leave the European Union. They do not want to comply with the rules and regulations. Presumably, they do not want us to have unfettered access to the single market of 500 million people. The Norwegians think better than that—

[The Temporary Chair (Sir Roger Gale)]

Order. The hon. Gentleman is straying rather far from the dates that are the subject of the amendment. It is fascinating material, but we do not really need another Second Reading debate.

[Mike Gapes]

I was tempted by the interventions, so I apologise to you, Sir Roger, for following the temptation. I will get back to the point.

There is an issue here to do with purdah and how the purdah requirements would apply. There will be great difficulty in holding a referendum at the end of 2017, when we are chairing the Council of Ministers meetings, because of that issue alone. For that reason, I hope that, if we are to have a referendum in 2016, we plan for it now—and that may already be, privately, the Prime Minister’s intention—rather than getting into great difficulties with the way in which it can be conducted, and damaging the United Kingdom’s role and relationship with the other 27 member states of the European Union. Once the referendum is over, assuming that it is won, we must work constructively with our partners to restore the trust and relationships for the future. It is better that we confront the issues early, rather than slipping into some kind of disastrous outcome.

[Alex Salmond]

On a point of order, Sir Roger. At various times during this debate, there has been reference to a letter. I was somewhat puzzled because I did not seem to have been sent such a letter. But now, through access to Twitter, it seems I may have found it. What I now have is a letter from the Minister for Europe to various Members on the Conservative Benches—it can be described only as a letter begging for support. I am somewhat disappointed not to have received it, and to have been ruled out of providing such support. If we are debating amendments—this letter specifically gives Government assurances relating to those amendments—should this communications not have been available to all Members, and should it not now been placed immediately in the Library of the House?