Renegotiation of EU Membership (Devolved Administrations)

Wayne David Excerpts
Tuesday 10th November 2015

(8 years, 6 months ago)

Westminster Hall
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Wayne David Portrait Wayne David (Caerphilly) (Lab)
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It is a pleasure to serve under your chairpersonship, Ms Dorries. I congratulate the hon. Member for North East Fife (Stephen Gethins) on securing his first Westminster Hall debate. I was pleased that he scotched the rumour—forgive the pun—that there was some sort of collaboration between him and the Government regarding this debate. I was glad that he clarified that it is a mere coincidence that the debate is being held on the same day as the Prime Minister’s letter to the President of the European Council has been published.

Consultation is vital. There must be consultation based on mutual respect for devolution as a reality, and for the institutions of the Scottish Parliament, the Northern Ireland Assembly and the Welsh Assembly. I am slightly concerned, however, about the Scottish National party’s emphasis on the constitution yet again with regard to this issue. Rather than the constitutional relationship, most people in Scotland and the rest of the United Kingdom are concerned about bread-and-butter issues.

Angus Brendan MacNeil Portrait Mr MacNeil
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Will the hon. Gentleman give way?

Wayne David Portrait Wayne David
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No, I will not give way. I know that my constituents are not really interested in where, or at what level of government, power resides. They are interested in the quality of their lives, and how the European Union does or does not impact on their lives. Another concern is that the SNP is apparently demanding that it be taken into account and be part of the United Kingdom’s renegotiation process.

Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald (Glasgow South) (SNP)
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Will the hon. Gentleman give way?

Wayne David Portrait Wayne David
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No, I will not give way. My time is limited, as the hon. Gentleman well knows.

My concern is that while the SNP says that it wants to be part of the United Kingdom Government’s renegotiation process, the reality is that the party is yet again giving credence to the Tory Government here in Westminster to which it claims to be implacably opposed. In practical terms, it wants to sidle up to the Government and get as close as it possibly can. We saw that in the debate last night with the collaboration between the SNP and the Conservative Government on the reactionary proposal about abortion rights—

Angus Brendan MacNeil Portrait Mr MacNeil
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Will the hon. Gentleman give way?

Wayne David Portrait Wayne David
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No, I will make my point. The proposal that abortion rights should be devolved to the Scottish Parliament is a totally reactionary measure, and it shows the true reactionary nature of the SNP that it wants to sidle up as close as possible to this Tory Government. We are not seeing the SNP demanding that workers’ rights be maintained. The previous speakers made hardly any reference at all to workers’ right—they are not concerned about workers’ rights.

Angus Brendan MacNeil Portrait Mr MacNeil
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Will the hon. Gentleman give way on that point?

Wayne David Portrait Wayne David
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No. I told the hon. Gentleman that I would not give way—[Interruption.]

Nadine Dorries Portrait Nadine Dorries (in the Chair)
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Order. Mr MacNeil, there has been an indication that you will not be allowed to intervene, so please keep some order.

Wayne David Portrait Wayne David
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Thank you, Ms Dorries. We are getting used to heckling and barracking from SNP Members. They cannot win the argument, so they try to shout people down and interrupt. That is their style of politics up there. That is, sadly, what nationalism is all about. It is infecting the United Kingdom as well, which is a great shame.

The SNP is today apparently giving credence to the Conservative Government. I believe firmly that this so-called negotiation is an absolute sham. We heard from the Prime Minister in his letter that he sincerely hopes, with all his heart and soul, that he will be in a position to advocate Britain remaining inside the European Union. To ensure that he is able to do that, he will have a superficial façade of a renegotiation to allow him to justify Britain’s continuing membership of the European Union. The SNP should realise that, so why does it want to be part and parcel of that process?

The SNP should be adopting a principled position of arguing in favour of Britain’s continued membership of the European Union. It knows that that is in the interests of the United Kingdom as a whole, and of the Scottish people. At the same time, it should have a long-term perspective on the sorts of radical changes we need inside the European Union. Successful negotiation, if it is to be done properly, cannot be carried out in a matter of weeks or even months. Renegotiation has to be a long-term process, and we have to work with people and to make allies. The Scottish nation cannot stand in splendid isolation; it has to work with other people.

When we come to the referendum, the Labour party will certainly put forward its own campaign, and I imagine that the SNP will do the same. I hope to goodness that the SNP campaigns in favour of our continued membership of the European Union, but I cannot be absolutely certain that that will be the case. The SNP must abandon its inward-looking nationalism for once and work with others across the United Kingdom to make sure that we have a coherent and strong message in support of a yes vote throughout the whole United Kingdom.

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Deidre Brock Portrait Deidre Brock
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I have to agree with my hon. Friend.

Wayne David Portrait Wayne David
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Will the hon. Lady give way?

Deidre Brock Portrait Deidre Brock
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The hon. Gentleman is chancing his arm.

Wayne David Portrait Wayne David
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On a point of order, Ms Dorries. I have been accused of not taking interventions, but the hon. Lady will not take interventions from me.

Nadine Dorries Portrait Nadine Dorries (in the Chair)
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Mr David, sit down. That is not a point of order.

Oral Answers to Questions

Wayne David Excerpts
Tuesday 9th June 2015

(8 years, 11 months ago)

Commons Chamber
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Lord Hammond of Runnymede Portrait Mr Hammond
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The crisis in the eurozone is clearly a challenge for the eurozone. Part of our agenda is to ensure that a robust framework is in place to regulate the relationships between the eurozone countries that will integrate more closely in the future and the non-eurozone countries such as Britain that are in the EU and need to be sure that they will be treated fairly and appropriately as the eurozone integrates further.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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20. Will the Foreign Secretary tell us what treaty changes the Government want to achieve?

Lord Hammond of Runnymede Portrait Mr Hammond
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The Prime Minister set out in a number of publications and speeches the key areas in which we need to make change. I do not know whether the hon. Gentleman has ever engaged in a process of negotiation, but if I were to produce a piece of paper with our red lines and bottom lines on it, we would be shot; our negotiating position would be destroyed. We do not intend to proceed in that way.

Oral Answers to Questions

Wayne David Excerpts
Tuesday 20th January 2015

(9 years, 3 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
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We will continue to speak up publicly as a Government and through the European Union and other international organisations of which we are a member to draw attention to the continuing abuse of human rights within Belarus, to urge the Belarusian authorities to take the path towards European and democratic values of pluralism and the rule of law, and to speak up for individual Belarusian human rights defenders—men such as Mikola Statkevich, still in prison in Belarus today—and demand that those prisoners be not only released but fully rehabilitated.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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If Britain were to leave the European convention on human rights, what sort of message would that send to human rights supporters in Belarus?

David Lidington Portrait Mr Lidington
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Of course, Belarus is not party to the European convention on human rights and is not subject to the rulings of the European Court of Human Rights. Whether we are looking at the European convention on human rights or the international covenant on civil and political rights, it is important to continue to urge the Belarusian authorities to end their flagrant abuse of normal human rights and democratic standards. That is something on which I hope the whole House will be united.

Commission Work Programme 2014

Wayne David Excerpts
Wednesday 22nd January 2014

(10 years, 3 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
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This is an important study, which makes a large number of recommendations. The recommendations in my hon. Friend’s report have a bearing on business, which is the responsibility of pretty much every Government Department. The discussions that we are having at both official and ministerial level reflect the breadth of the areas of policy covered by my hon. Friend’s Committee.

The Committee noted, in its report recommending today’s debate, that—

David Lidington Portrait Mr Lidington
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One second.

The Committee recommended that the debate on the work programme should provide a useful starting point in the upstream scrutiny of EU proposals, and should help Parliament to make an early assessment of those dossiers in which parliamentarians are likely to take particular interest.

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Wayne David Portrait Wayne David
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I thank the Minister for giving way. I wanted to intervene immediately after the hon. Member for Stone (Mr Cash), because we read in the press that the Prime Minister had received a letter signed by 95 Conservative MPs supporting what the European Scrutiny Committee had said. Has the Prime Minister in fact received that letter, and do we know who those 95 people are?

David Lidington Portrait Mr Lidington
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I am afraid that I do not inspect the Prime Minister’s correspondence on a daily basis. If the hon. Gentleman wants to find out more about that letter he could go and talk to my hon. Friend the Member for Stone (Mr Cash), who chairs the European Scrutiny Committee, or my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), or others who helped to draft that letter.

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David Lidington Portrait Mr Lidington
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There will indeed be measures in the REFIT package, as in other Commission proposals, with which we disagree. We have made it clear that we will continue to resist both the proposals to which my hon. Friend alludes.

It is also fair to say, though, that at a time when the Government are urging the Commission to act on the recommendations of the Prime Minister’s EU business taskforce, the Commission has already introduced some measures that implement what this Government, either off their own bat or by means of the business taskforce report, have been recommending. We have seen practical and proportionate rules on country of origin labelling for food and a member state agreement to a streamlined approach to the clinical trials regulation, with formal agreement due later this year. In addition, the Commission has committed itself to withdrawing the access to justice in environmental matters directive, as the business taskforce explicitly called on it to do.

We now want further action on the 30 specific recommendations in the business taskforce’s report, including on the REACH—registration, evaluation and authorisation of chemicals—directive to lessen its burden on small and medium-sized enterprises, in particular. Such radical, business-friendly reform is in the interests of job creation and business growth not just here in the United Kingdom but throughout the continent as a whole. We welcome the Commission’s commitment not to table new health and safety rules for hairdressers or to introduce new rules on ergonomics, and its commitment to withdraw a number of other proposals that we have long opposed on the grounds that they would impose unnecessary costs on business.

However, with regard to the REFIT package, it is disappointing that the majority of the repeals and withdrawals in the work programme relate to obsolete measures. We think that future withdrawals should focus on EU measures that impose the biggest burdens on businesses and do not deliver significant and commensurate benefits. We will not only continue to press this with the Commission but look for every opportunity to build alliances with other EU member states and, for that matter, with enlightened and supportive members in the European Parliament such as our colleague Mr Malcolm Harbour, to ensure that the efforts to drive down business costs and increase the competiveness of European businesses are maintained.

Wayne David Portrait Wayne David
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rose—

David Lidington Portrait Mr Lidington
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I will give way to the hon. Gentleman and then I am going to make progress because I have been speaking for quite a long time.

Wayne David Portrait Wayne David
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When the Minister says that aspects of the EU work programme are disappointing, does he not really mean that the Government have failed to influence the Commission successfully?

David Lidington Portrait Mr Lidington
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No. I do not think that any member state would be able to say that it unreservedly welcomes and endorses, absolutely everything in the Commission’s work programme. Of the measures described in the work programme, there are some that we positively welcome, others where we think the proposal seems okay at first sight but we very much want to examine the detail of the promised measure before we come to a final conclusion, and others where we are quite open in saying that we think the Commission’s suggestion is mistaken. As I said to my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), we have already expressed considerable concerns about the data protection package, and we will continue to negotiate to try to ensure that it does not over-burden business while providing adequate protection for personal data.

Nor can we welcome the draft regulation to establish a European public prosecutor’s office. We believe that the Commission’s evidence for this proposal is weak, and we will continue to challenge it on its unacceptable, rather summary response to the yellow card that national Parliaments raised about it.

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Gareth Thomas Portrait Mr Thomas
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It is interesting that a series of Norwegian politicians have confirmed their lack of influence over EU regulation, and have pointedly suggested that we do not go down the route—I know the hon. Gentleman is an enthusiastic supporter of this route—of denying ourselves the opportunity to have influence over the detail of the single market.

Wayne David Portrait Wayne David
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My hon. Friend paints a pessimistic picture of the Conservative party becoming increasingly Eurosceptic, but does he take heart from the strong rumour going around Brussels that the Conservative party might be reconsidering its decision to leave the European People’s party group and might apply to join it once again?

Gareth Thomas Portrait Mr Thomas
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It is not for me to comment on the Conservative party’s membership, or not, of the EPP. We will no doubt hear more if there is any truth in the rumour.

The Commission’s work programme quite rightly cites deepening the single market as a key priority. It is the biggest such market in the world: a consumer market of 500 million people that generates £11 trillion in economic activity. It remains a deep concern of many in business that the Conservative party is willing to put at risk Britain’s membership of such a huge market for British goods and services. The Prime Minister also appears to be willing to risk our participation in bilateral free trade agreements, not least the hugely important potential EU-US trade agreement.

We on this side of the House recognise that to help Britain compete in the global market and uphold British living standards, the UK needs to advance, together with others in Europe, a reform agenda that promotes economic growth across the EU and, as a result, helps to tackle unemployment, particularly youth unemployment. That includes, as the work programme sets out, the need to extend and complete the single market—I agree with the Minister’s comments on the digital market—so that British companies can benefit from the opportunities of trade with our nearest allies. The operation of the single market in existing sectors must be protected in the face of potential closer integration between eurozone states.

The work programme outlines the continuing work of the Commission on economic governance and the banking union. Clearly, the stability of the eurozone, and sorting out the problems faced by banks in eurozone countries, is not just of great importance to countries in the single currency—it has a significant impact on the UK, too. Why it takes the European Union to clamp down on bankers’ bonuses, when the Government should be doing it, is a question we are still waiting to get a sensible answer on from Ministers. In this country, we still need real reform of competition in our banking sector to help small businesses get the support they need to grow, employ more people at decent wages and help Britain earn its way to better living standards.

Another important theme of the work programme is European co-operation on justice and security. The Commission is currently negotiating with the UK on the justice and security measures that we can opt back into. Our police and security forces are rightly working ever closer with their counterparts across Europe, co-operating on issues such as international terrorism, organised crime and human trafficking. For example, we would not have seen the arrest of one of the terrorists responsible for the 7/7 attacks in London without help from our European colleagues. More than 4,000 suspected criminals have been sent back to other EU countries to face justice, more than 90% of whom were foreign citizens, and while not perfect, the European arrest warrant has helped to tackle the so-called Costa del Crime, with 49 of the 65 top UK fugitives hiding in southern Spain having been returned to face justice. In short, we depend on our European partners for intelligence and operational support in order to protect the British public and the freedoms they enjoy. To ensure that those goals continue to be realised, the Opposition want to see the EU’s collective effectiveness further improved.

As I mentioned, the Government have triggered the justice and home affairs opt-out. Indeed, the Home Secretary and the Justice Secretary told the House that the block opt-out was first and foremost about bringing powers back home, yet the European Scrutiny Committee, chaired by the hon. Member for Stone (Mr Cash), having reviewed the significance of the justice and home affairs opt-out, said,

“we see little evidence of a genuine and significant repatriation of powers.”

Whom should the House believe when making that judgment—our European Scrutiny Committee or the Home Secretary?

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Wayne David Portrait Wayne David (Caerphilly) (Lab)
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I welcome this debate, but, like the shadow Europe Minister, I think that it would have been more appropriate to hold it some months ago, before the start of the year in which the programme applies. I have read the work programme and the Government’s response, and, like the Government, I agree with much of what is in the work programme. For example, it is difficult for anybody seriously to oppose the assertion at the beginning of the “Commission Work Programme” document:

“Promoting growth and jobs will remain at the heart of the European Commission’s work programme for 2014. These priorities will drive both the Commission’s analysis of the reforms required at national level…and the initiatives proposed at European level to support economic recovery and job creation and tackle social consequences of the crisis.”

That important statement makes it very clear what the Commission’s priorities are. It is also worth noting that the Commission goes on to say:

“But our challenges also go beyond the economy. EU action is needed to protect values and promote citizen’s rights; from consumer protection to labour rights”.

The report then specifically refers to external action, which is particularly important. I want to place it on the record that this House should acknowledge the excellent work being done by the high commissioner, Cathy Ashton. She has done a superb job. She had a difficult time for long periods, but she is now showing how effective she is.

I want to see far more emphasis in the work programme on the EU-US trade agreement. It is of great importance and I want to see more than just a passing reference to it. As far as the Balkans are concerned, reference is made to the agreements that have been struck between Serbia and Kosovo, in which Cathy Ashton has played an important role. It is a great shame that the Commission does not look a little further and make specific reference to the situation in Bosnia, because there we have something of a frozen conflict. There is scope for the international community, and the EU in particular, to make real progress. Realistically, we can look to a time in the not-too-distant future when Serbia will be joining the European Union, behind Croatia. We should also consider the possibility of Bosnia being in a position to make a valid application, but the truth is that we are a long way from that. The western Balkans have a black hole in the middle, which is Bosnia. We should be aware of that and address it.

On the issue of international external action, there is reference to Syria. Given the terrible things that are happening there as we speak, and the fact that there is only a glimmer of hope in Geneva, there should be far more emphasis in the Commission’s work programme on supporting humanitarian efforts and doing whatever is possible to support external measures so that there is not only an improvement in the lives of ordinary people but, we hope, an end to an appalling conflict.

Lord Dodds of Duncairn Portrait Mr Nigel Dodds (Belfast North) (DUP)
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I totally agree with what the hon. Gentleman said about Syria and the need for greater emphasis on humanitarian aid. Does he share my disappointment, and that of many, that while the United Kingdom has been in the lead in terms of humanitarian aid, providing almost half a billion pounds, the material support of many EU member states has been woefully lacking?

Wayne David Portrait Wayne David
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Some EU member states have been more generous than others but we must also consider the fact that many have taken in displaced people, whereas the United Kingdom has not yet done that.

The Commission’s work programme places emphasis on the REFIT programme, which should be welcomed, but we must be realistic and recognise the modest series of references in the programme. I want a far bigger emphasis in the work programme on subsidiarity, which I do not think is mentioned as a term. That should be part of our agenda for the European Union’s development in the future. For example, I want us to reopen the debate on the future of EU regional policy, whether the member states should be more involved and whether repatriation should happen. There is also scope for us to reopen the debate on the future free movement of people, especially given the domestic debate. Unfortunately, those issues are not touched on in the work programme.

Those are some ambitions but others relate to the development of the single European market. The programme acknowledges that the internal market in services and the digital economy needs to be developed, but there is no reference to the need to develop an internal market in energy. Although there are good things in the European Commission’s work programme, it does not reflect the priorities that the Government claim, which shows the diminishing influence—in my view, because of the internal politics of the Conservative party—of the British Government on the EU agenda. As we have heard today, the Conservative party is becoming more and more Eurosceptic and as a consequence it is losing allies and supporters in the EU and is less able to negotiate things that are in our national interest. That is the reality.

Linked to that, we are also seeing a diminution of British influence on the ground in the EU institutions. My hon. Friend the Member for Glasgow North East (Mr Bain) referred earlier to a story, which I hope all Members will read, on the front page of the Financial Times, headlined, “City warns UK over loss of EU influence”. One point made by people in the City is that that diminishing influence is resulting in fewer Britons working inside the European Union institutions in Brussels: the British Bankers Association says that there has been a 24% decline over the past seven years. At the moment, Britain accounts for 4.6% of the total number of people employed in the institutions whereas France can claim 9.7% of them. In simple terms, that means that we have fewer people on the ground making the case for Britain’s national interest. That is bad for us.

Douglas Carswell Portrait Mr Carswell
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Does the hon. Gentleman always judge the national interest by whether there are enough jobs for technocrats and officials? Surely the national interest is a little broader than that.

Wayne David Portrait Wayne David
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That is a very disappointing and narrow comment. We are looking at opportunities for British people to work abroad and make a real contribution to Britain’s agenda inside the EU. That is in our national interest and the hon. Gentleman ought to recognise that.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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Will my hon. Friend give way?

John Bercow Portrait Mr Speaker
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Order. Before the hon. Gentleman takes the intervention, I am sure that he is only momentarily being forgetful and that he wants to hear from the hon. Members for Cheltenham (Martin Horwood) and for North East Somerset (Jacob Rees-Mogg).

John Bercow Portrait Mr Speaker
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Indeed, but they need to have time to make their speeches as well. I am just gently hinting.

Mike Gapes Portrait Mike Gapes
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I just want to confirm what my hon. Friend the Member for Caerphilly (Wayne David) is saying. The Select Committee on Foreign Affairs produced a unanimous cross-party report on the issue he is talking about and the Government, in their response, recognised that there is a serious problem. Although some are clearly pleased that British people are not getting jobs in international institutions, that is clearly not the position of the Government or the Foreign Affairs Committee.

Wayne David Portrait Wayne David
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I thank my hon. Friend for his intervention. It is nice that there are some people who are enlightened.

To conclude, the report in the Financial Times observed that it is in Britain’s national interest to be fully engaged in the European Union. We have seen a reduction of our influence because of the internal machinations and disputes in the Conservative party. We must look carefully at what bankers are saying. Citigroup, for example, is cited in the FT article. I had a meeting yesterday with the Chemical Industries Association, which made it abundantly clear that it is in its members’ interest for Britain to be fully engaged in influencing and changing the agenda in the EU. A similar thing can be said for Unilever, Nissan, Ford, Toyota, the Swift Technology Group and easyJet—the list goes on.

Over the next few months more and more companies are likely to realise that exit from the European Union is a real threat to the interests of the people of this country. That is why it is important that we have an agenda based on reform, not withdrawal; an agenda that is constructive, not destructive; an agenda that reflects the interests and needs of this country, not the wayward drift of the Conservative party.

European Council

Wayne David Excerpts
Tuesday 7th January 2014

(10 years, 4 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

David Lidington Portrait Mr Lidington
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My hon. Friend is mistaken in his analysis of the EDA. The Under-Secretary of State for Defence, my hon. Friend the Member for Ludlow (Mr Dunne), who has responsibility for defence procurement, took a very hard line and successfully won a flat-cash settlement for the EDA this year. We held out and it required unanimity for that budget to be agreed. It is simply not the case that we can be overridden by a QMV vote.[Official Report, 15 January 2014, Vol. 573, c. 11MC.]

The Commission has a role under the treaties with regard to industrial policy and, of course, the operation of the single market. However, the single market as regards defence is qualified in the treaties by articles that make it clear that certain matters are reserved from normal single market arrangements because they are critical to national security. Embodied in the European Council conclusions is a very clear direction from all 28 Heads of State and Government that the Commission should stick to what is given under the treaties, that there should be no attempt at competence creep and that there should be no move towards national European champions or a circumvention of the freedom of member states to strike sensible defence partnerships with countries outside Europe, and instead that the Commission should work on ways to make Europe’s defence industries more competitive and its defence markets more open in a way that, incidentally, would provide great opportunities for the United Kingdom’s first-class defence suppliers. That move towards greater openness in areas of defence procurement is something that United Kingdom companies have been pressing Ministers to achieve.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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The conclusions of the European Council state:

“The European Council welcomes the signature this week of the biggest ever single EU humanitarian financial allocation”

to Syria. Why did the Prime Minister not make any reference to that in his written statement? Indeed, why has the Minister not mentioned it in his response this afternoon?

David Lidington Portrait Mr Lidington
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There is a lot in the European Council conclusions. I do not think it would serve a huge purpose if a written statement simply rehearsed every single item when there is a link in the statement on the Council conclusions to the full text itself. I am also somewhat constrained—quite properly—by the time permitted to respond to the urgent question asked by the hon. Member for Birmingham, Edgbaston (Ms Stuart).

The hon. Member for Caerphilly (Wayne David), however, is right: this was a very important breakthrough. There was a commitment by all 28 Heads of State and Government for European countries to do more to help people in Syria who have been displaced and are in need and those who have taken refuge in neighbouring countries who face huge problems. What is also needed—we have supported the efforts of other EU countries on this—is some declaration, if we cannot get a resolution, at the United Nations Security Council to provide safe passage for humanitarian organisations to reach people in Syria who are in desperate need and find it impossible to get access to the aid available.

Oral Answers to Questions

Wayne David Excerpts
Tuesday 3rd December 2013

(10 years, 5 months ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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The crucial point is that although there is an overwhelming moral argument for dealing with the issue, there are also important considerations of conflict resolution. Conflicts are not resolved unless sexual violence is tackled, because it perpetuates conflict, divides communities and pits them against each other into the long-term future. Many leaders across the world can see that, which is why countries such as Somalia and Ministers in the Democratic Republic of the Congo support the initiative that we have taken.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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21. The Prime Minister has said that if the investigation to which the Foreign Secretary has just referred is not completed by next March, he will call for an independent international inquiry. Does the Foreign Secretary stand by that statement?

Lord Hague of Richmond Portrait Mr Hague
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Yes, of course. I do not think the hon. Gentleman will have found any statement in recent years where the Prime Minister and I differ—I hope he has not. Opposition Front Benchers are thinking hard about that now. Of course we stand by that statement. In March, there will be a session of the Human Rights Council, of which, I am pleased to say, the United Kingdom was re-elected as a voting member last month. We will use that position to raise this issue along with many others around the world.

European Union (Referendum) Bill

Wayne David Excerpts
Friday 29th November 2013

(10 years, 5 months ago)

Commons Chamber
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Mike Gapes Portrait Mike Gapes
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The answer to those questions is yes, yes, yes and yes. The proposed date of the referendum was not made clear to us initially, and there was a possibility of amendments allowing it to be held, for example, before the general election, one year after the election, or later. It was therefore important for there to be amendments in this group which were related to, but not dependent on, those in the other group.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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I have an open mind about which date we should opt for, but does my hon. Friend agree that it is vital for the Electoral Commission to be encouraged to focus its mind? One of the key issues that it will have to consider is how we can best avoid a repetition of what happened at the time of the Welsh referendum campaign in March 2011. There was not a no campaign because no organisation had registered, and thus there could not be a proper yes campaign. The whole campaign was hamstrung from the start.

Mike Gapes Portrait Mike Gapes
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I accept my hon. Friend’s wise words. I agree that we need to learn from experience. We need to learn the lessons of not just the Welsh referendum, but the 1975 referendum on British membership of the European Community. I shall say more about that in the next part of my speech.

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Mike Gapes Portrait Mike Gapes
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Says my former Whip! But she is no longer my Whip, so I think—I hope—that I am okay.

Amendment 52 states that the Electoral Commission’s report must be published by 1 March 2015. Amendment 53 would give the commission another year, but that would allow the Government less time in which to consider its recommendations and make any changes to take account of them.

Amendment 54 would do the same thing, but with 1 March 2017 as the date. I am not so keen on that amendment. It was put forward, as I have explained to colleagues, in case a referendum is held after the end of 2017. I think that 1 March 2017 would be far too late for that obligation, because it would not give enough time for the House to make the appropriate changes or for the Government to put forward properly considered proposals.

Amendment 55 would ensure that the Electoral Commission published its report at least six months before the date or dates appointed for the referendum. Let us imagine that the Government, having listened to our deliberations, decided not to hold the referendum during Britain’s presidency of the European Union’s Council of Ministers—from 1 July to 31 December 2017—and, given their commitment to hold it before the end of December and the fact that they would not wish it to clash with religious festivals at the end of 2017, particularly Christmas and Chanukah, opted instead to hold it in early 2017. The Electoral Commission would therefore have to produce its report by the end of 2016.

Wayne David Portrait Wayne David
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Does my hon. Friend agree that it is important that the Electoral Commission considers not only the arguments for and against, but the fact that the electorate need much more basic information? I refer him to the commission’s report on the issue, which makes the salient point that in order to have a reasonable debate the electorate need more basic information. The report must address that fact.

Mike Gapes Portrait Mike Gapes
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Absolutely. We are talking about a monumental decision on the future of our country, our international relations and the status of the 1.4 million British people living in other European Union counties, who, as things stand, will be excluded from making a democratic decision in the referendum. It is therefore important that the Electoral Commission does the job that the Government and the Bill’s promoter have not done, because those issues are not addressed in the Bill, even though they should be. We have to find a way for the Electoral Commission to put right what was not done by the Government, or at least the part of the Government who support the Bill—this is so complicated, because I have to keep remembering that it is a private Member’s Bill, even though the Minister is here to support it.

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Mike Gapes Portrait Mike Gapes
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The only noises I have heard from the Government Benches have not been complimentary about any of my amendments—and some of them were not made in the Chamber.

There is also a major danger that different nations or regions will vote in markedly different ways in a low-turnout referendum, with divisive consequences for our United Kingdom. Let us imagine, for the sake of argument, that next September the Scottish people vote against separatism and in favour of staying in the UK but in a referendum in 2017 a majority of the electorate votes to leave the European Union, based on votes in parts of England and with the vast majority of Scots voting to remain in the European Union. We would think that the referendum next September will settle the question of Scottish independence and separatism, but in fact the same issue could be reopened only two or so years later, even though the Scottish people voted to stay in the UK. They might say, “Hold on. We didn’t want to leave the European Union, which is part of our association with the two Unions we are part of: the United Kingdom and the European Union.” We could then have a real problem. The same argument could apply in Wales, Northern Ireland and significant parts of England.

Therefore, if we want to keep the unity and cohesion of our country, we need safeguards to avoid an extreme minority in certain parts of the country driving through, on a low turnout, a referendum result that would lead to the withdrawal of parts of the country that did not wish to leave the European Union and were not inspired by fanatics to take part in a referendum that they did not feel was particularly important.

Wayne David Portrait Wayne David
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I am not entirely convinced by my hon. Friend’s argument. Is he saying that Wales, which has a population of less than 3 million, could have an effective veto over the rest of the United Kingdom?

Mike Gapes Portrait Mike Gapes
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I believe that those issues would then need to come back to be considered by Parliament. I do not wish to have a binding referendum. A binding referendum is dangerous if we cannot allow for sophisticated consideration of the implications of the result—for example, if there is a low turnout or there are very diverse results in different parts of our country. The final decision would therefore have to rest with this House in legislation that we would pass afterwards. I tabled amendment 17 for that reason, and I believe that the Electoral Commission would need to take account of those factors in its report. If the Electoral Commission did not accept such points, it would say so in its recommendations to Parliament, and Parliament and the Government would then consider those recommendations in making arrangements before the referendum that might be held by the end of 2017.

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Mike Gapes Portrait Mike Gapes
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Of course, Madam Deputy Speaker. I would simply say that I am in favour of compulsory voting, as in Australia, but it is not in the Bill.

Wayne David Portrait Wayne David
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On amendment 7—

Mike Gapes Portrait Mike Gapes
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I am about to introduce amendment 7, but I thank my hon. Friend for pre-empting me. It deals with what we could call the Rupert Murdoch question: making sure that when 70% or more, by circulation, of this country’s print media is in the hands of people who do not want Britain to remain in the European Union—they will no doubt campaign vigorously, as many of them have for many months or years, with a relentless daily drip, drip, drip—their readers should have some information from both sides of the campaign.

Amendment 7 states that

“proponents and opponents of the question in the referendum are able to publish a two full page advertisement spread immediately after the front page in all national editions of newspapers published in any part of the United Kingdom, as specified by the Electoral Commission, on four dates to be specified by the Commission”.

That would ensure that the debate is conducted with some degree of fairness, and it would also save costs. There could be a higher figure for both sides of the campaign to enable them to put out more material, but we require balance in our broadcast media—the BBC and other broadcasters are supposed to show balance during election campaigns—and the amendment is about having such balance in our print media.

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Mike Gapes Portrait Mike Gapes
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Absolutely; that is why amendment 7 says that the Electoral Commission should consider the matter in detail. We cannot go through all the minutiae of the Bill. The Electoral Commission would be responsible for looking at all the arguments, including those made by my hon. Friends the Members for Poplar and Limehouse (Jim Fitzpatrick) and for West Bromwich West (Mr Bailey).

Wayne David Portrait Wayne David
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Will my hon. Friend give way?

Mike Gapes Portrait Mike Gapes
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No, I want to make a bit of progress because I have other amendments that I want to introduce.

Wayne David Portrait Wayne David
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It is a very important issue.

Mike Gapes Portrait Mike Gapes
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All right, I will give way very briefly.

Wayne David Portrait Wayne David
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I thank my hon. Friend for his generosity. I would like clarification. Amendment 7 uses the term “national”. Is he talking about the Welsh nation, the Scottish nation or the United Kingdom? What does he mean by “national”? My understanding is that, in the amendment, “national” refers to the United Kingdom. Many English voters would therefore have the Welsh language in their newspapers. Does he think that that might be slightly strange for them?

Mike Gapes Portrait Mike Gapes
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As I have said, the Electoral Commission needs to consider all of these aspects carefully. Publications such as the Western Mail would be regarded as national in Wales, but not in England. We have to consider such difficulties and nuances. That would be done by the Electoral Commission.

I will move on to the final two amendments that appear in my name. Amendment 16 would provide for polling stations to be open for longer. In parliamentary elections, polling stations are open from 7 in the morning until 10 at night. There were difficulties during the last general election. Some people queued outside polling stations and could not get in. The doors of some polling stations were locked and there were arguments about people not being allowed to vote. Other people were inside polling stations and were allowed to put their votes into the ballot boxes after 10 o’clock.

We must avoid such difficulties. I tabled a series of amendments on holding the referendum on more than one day. Polling stations must be open for cleaners who come back home in the early hours of the morning. They could vote at 6 am. People who work late could vote just before midnight. If, contrary to what I expect, there will be great enthusiasm for the referendum and a massive turnout, we must extend the voting period to ensure that as many people as possible can cast their votes.

Wayne David Portrait Wayne David
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I hear what my hon. Friend is saying, but the Government did eventually, under pressure, accept an amendment to the Electoral Registration and Administration Bill to solve the problem of long queues at polling stations before 10 o’clock. I think that that will be effective. That puts a question mark over the importance of amendment 16.

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Chris Williamson Portrait Chris Williamson
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I start by congratulating you, Madam Deputy Speaker, on your elevation to the Chair. This is the first opportunity I have had to say that. I was delighted when you were successfully installed in your place.

I want to speak in support of amendments 5, 6, 7, 16, 17, 52, 53 and 55, tabled by my hon. Friend the Member for Ilford South (Mike Gapes), amendment 84, tabled by my hon. Friend the Member for Harrow West (Mr Thomas), who sits on the Front Bench, and obviously my own amendment 85.

Wayne David Portrait Wayne David
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Before my hon. Friend starts to develop his arguments, I must say that the significance of what the Minister has just said is beginning to sink in. Does my hon. Friend agree that it is quite outrageous for a Minister to question the integrity of another hon. Member in asking legitimate questions, many of which are probing questions in the interests of our having a good debate? Was it not thoroughly shameful?

Chris Williamson Portrait Chris Williamson
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I could not have put it better myself. Indeed, I was going to use the word “shameful” to describe what can only be called the Minister’s calumnies against the honourable motives of my hon. Friend the Member for Ilford South. I absolutely agree that they were shameful. I hope that when the Minister has had time to reflect, he might, from the Dispatch Box, withdraw his comments and apologise to my hon. Friend, who has entirely honourable motives for asking reasonable questions and tabling legitimate amendments. On a previous occasion, I think another Minister was chided by Mr Speaker for questioning my hon. Friend’s amendments, as if in some way they were disorderly. I could not see how that could possibly have been the case, because the Chair had ruled them in order and they were before the House to be debated. I have not long been in this place, but in my time I think it is unprecedented for such a challenge to be made.

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Chris Williamson Portrait Chris Williamson
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I am grateful to my hon. Friend, who I think is also a vegetarian. I was just about to say that my youthful appearance was down to my vegan diet, but I digress.

As we know, in the 1975 referendum the country voted overwhelmingly in favour of remaining in the EEC. I have to say I voted no, but I have since recognised that I was wrong to do so. Were I to have my time again, I would certainly vote differently, because the EU has developed in a very positive way. My hon. Friend the Member for Ilford South referred to some of the benefits of our membership. Certain powerful media moguls in this country want us to withdraw from the EU because it would make it easier to take away workers’ rights and consumer protections and to adopt exploitative working practices, which would become much more commonplace. It is only thanks to the EU that many of those rights are enshrined in law and workers receive the rights they now do, through things such as the working time directive and so on. Obviously, the single market is an extremely important benefit to the UK and the British work force, millions of whose livelihoods rely on companies whose main market is the EU, but that would be jeopardised if the referendum was held and the country voted to withdraw from the EU.

Given the importance of the referendum to the UK’s future, my amendment 85 is essential. It would make a significant turnout at a referendum much more likely. It proposes that unless people have good reason, they should be subject to a penalty if they do not participate in the referendum. Like my hon. Friend the Member for Ilford South, I favour compulsory voting, but I am not necessarily suggesting that we introduce it for general and local elections. I think this referendum is different, however, because the consequences of a vote, whatever the outcome, would be profound and potentially irreversible. As I have mentioned, people’s livelihoods, consumers’ rights and the single market would all be affected by a decision to withdraw from the EU. It would be appropriate, therefore, on this occasion, if not on any other, to impose a penalty in order to maximise turnout. We want to ensure that the British people’s voice is heard and that the overwhelming majority of the British people express their view.

Wayne David Portrait Wayne David
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Many hon. Members might think this a significant departure from current practice, and in many ways it is, but is my hon. Friend aware that, as things stand now, if a householder does not return their electoral registration form or co-operate with their electoral registration officer, a fine can be imposed for non-co-operation and therefore non-registration? Also, under the Electoral Registration and Administration Act 2013, which introduced individual electoral registration, individuals can be fined for non-co-operation and therefore non-registration. We do not know how much it will be, but nevertheless that important principle has been established, and his amendment merely takes it a stage further. Does he agree?

Chris Williamson Portrait Chris Williamson
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I am grateful to my hon. Friend, who sets out the case very effectively. This is not such a huge leap, although I accept that, on the face of it, people might baulk at the notion that a penalty should be imposed on those who fail to cast a vote without good reason. As my hon. Friend the Member for Caerphilly has pointed out, however, this is not necessarily such a big leap as people might first think it to be.

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There are others for which compulsory voting is on the statute book, but without any penalties in place for people who do not participate. According to my research, around 20 countries fall into that category—including places such as Belgium and Greece. Perhaps we need to learn a lesson from these other nations, where it seems to have worked reasonably well and to have resulted in a bigger turnout in their elections.
Wayne David Portrait Wayne David
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In the countries that my hon. Friend has cited, does he agree that there is no obligation for individuals to cast their vote for any particular candidate? They are able to go to a ballot box and spoil their ballot paper. Does my hon. Friend assume that the same thing would happen here if his amendment were passed?

Chris Williamson Portrait Chris Williamson
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Absolutely. It would clearly be completely wrong—and, indeed, anti-democratic—to impose any obligation restriction on how individuals cast their votes or for whom they cast them. That would be a matter for each individual to come to a view on. People would no doubt listen to the various campaigns for and against and come to a view. I would personally prefer it if, when elections come about, people actually took the opportunity to vote rather than stopping at home. If they do not support any particular candidate, they should go along and spoil their ballot paper. Our democracy confers a very precious right. We know that our forefathers and mothers fought and gave their lives for democracy, and we see this around the world when people continue to this day to strive, struggle and fight to get the right to exercise their vote. Democracy is a very precious thing, and that is why it is essential to maximise participation in it. I think my amendment would have the effect of achieving precisely that.

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Chris Williamson Portrait Chris Williamson
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Indeed I was going to refer to those amendments. Suffice it to say that they are sensible. We need to learn lessons from a referendum, and it would be helpful to have that report.

On the earlier point, briefly, £50 is sufficiently high enough to create an incentive and to concentrate people’s minds. If it were any less than that, they might not bother to vote. If it were higher than that, it would be unreasonable. I must say I did pluck the figure out of the sky, but I thought that £50 was reasonable.

Wayne David Portrait Wayne David
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The figure is very important. There was a not dissimilar debate a little while ago about the level of a fine for an individual who fails to co-operate with the individual electoral registration system. The Government took as their yardstick the average level of a parking fine—I think that phrase was used. Has my hon. Friend considered whether there should be a parking fine figure, because it would be considerably more than £50 on average?

Chris Williamson Portrait Chris Williamson
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I am not too familiar with the levels of parking fines. I never transgress parking restrictions when I park my vehicle, so I have never been subject to such a fine. Anecdotally, I understand that the average figure is about £50, so the fine I propose is in the order of a £50 parking fine. Without stretching Madam Deputy Speaker’s patience too far, I think we have probably dealt with the point about the £50 and perhaps need to move on, but I give way to my hon. Friend.

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Jim Fitzpatrick Portrait Jim Fitzpatrick
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It is not for me to respond on behalf of right hon. or hon. Members. When I was a private Member’s Bill Whip, I used to advise colleagues on a Friday. I would say, “Stay in your seat and don’t be provoked by anything Opposition Members say.” The hon. Member for Stockton South is showing admirable restraint. Some of the things that have been said during the debates on these Fridays will have irritated the life out of him, but he is keen to get to the conclusion of the debate. He has made a tactical and strategic decision, but I understand Opposition Members who would rather have engaged in a fuller debate with Government Members.

In conclusion, I support the EU. We have nothing to fear from a referendum. I support the Bill in principle and will vote for it on Third Reading. I look forward to my hon. Friend the shadow Minister explaining why I should support the two amendments he has tabled, which I suspect he will do shortly.

Wayne David Portrait Wayne David
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I shall keep my comments brief, because hon. Members want to make progress and I want the process to be expedited as much as possible.

I begin by picking up one of the last points made by my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick), who referred to the comments made a little while ago by the Minister. I take exception to the Minister’s comments. He said that a number of the amendments in the group are otiose. That might be his opinion, but we should put on record our thanks to hon. Members, particularly my hon. Friend the Member for Ilford South (Mike Gapes), for tabling amendments, which have allowed for a proper discussion and debate on this enormously important Bill. Regardless of whether we agree with the amendments he has tabled, had he not done so we would not have got into a detailed debate today and on other days about the Bill’s ramifications and implications. Rather than saying simply that the amendments are otiose, we should be thanking my hon. Friend.

My hon. Friend spoke eloquently to amendments 52 to 55. In essence, they are about insisting that the Electoral Commission comes forward with a proper series of recommendations for the conduct of the referendum. That is important, because all of us recognise, no matter which side of the argument we are on, that there needs to be a proper and fair discussion and debate in the country. I echo a point made by the Electoral Commission when I say that it is simply not enough to have stipulations about how the debate is conducted; information must be provided by the Government that objectively sets out the parameters of the debate to be held. The Electoral Commission says that all the research it has conducted shows clearly that the majority of the population feel that they do not have sufficient information to reach an objective decision, either for or against. It is therefore important that the Government set out objective information about the European Union. Of course, the last thing we want is the Government subjectively setting out information, in a biased and partisan way. That is why it is very important that the Electoral Commission not only sets out rules—

Mike Gapes Portrait Mike Gapes
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My hon. Friend will be aware that the Government—at least the Conservative party—have already behaved in a biased and partisan way with regard to the wording of the question, which is contrary to what the Electoral Commission recommended. What guarantees do we have that the Electoral Commission’s recommendations will be implemented by this Government’s Ministers?

Wayne David Portrait Wayne David
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My hon. Friend makes a good point. We touched on that issue in our debate last Friday, and the point holds firm. We would hope that if the Bill proceeds from this House to the other place, the Government might well table an amendment, as they have done with previous legislation, to modify the question that is set, in line with the Electoral Commission’s recommendation. It is also important to stress, however, that the Electoral Commission is a neutral, impartial body respected by all sections of the political spectrum. Those in the Electoral Commission are the custodians of electoral processes, objectively and clearly defined. To go back to the point I was making about its report on the conduct of the campaign, that is why it is important that the Government take on board the Electoral Commission’s recommendations, and that it is given plenty of time to do the work and is told precisely when its reports are expected. We have had an important debate on that matter, and I am minded to favour the idea of a stipulated time for such a report from the Electoral Commission.

Amendment 7, tabled by my hon. Friend the Member for Ilford South, refers to the need for advertisements in national newspapers, across the United Kingdom and in the nations that make up the United Kingdom. As a Welshman, I think that that is particularly important. Although I do not speak the language of heaven—I have tried but failed—I recognise its importance, and the Welsh language must be respected. In addition, a distinct population in Wales speak the Welsh language as their first language. It is important that we do not place Welsh language advertisements in newspapers just in what is known as “BBC Welsh”, as the Welsh language varies in different parts of Wales. The Electoral Commission has done quite a bit of work on how the debate should be conducted through the medium of the Welsh language. Interestingly, GfK, the organisation contracted by the Electoral Commission to conduct the research, has said that we must be careful with the Welsh language in what we put on the ballot paper and, by implication, in the advertisements. For example, it makes the point that the phrase “Undeb Ewropeaidd”, which of course means the European Union, is not widely understood by Welsh speakers. GfK’s survey found that many Welsh speakers thought it referred to the United Nations.

Adrian Bailey Portrait Mr Bailey
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I have listened to my hon. Friend’s argument and I think that there is a lot in it. What he perhaps has not brought out so far, although he seems to be touching on it now, is that this is not only an issue about BBC English or BBC Welsh; Euro-speak is likely to become embedded in this debate. That underlines the need to involve organisations dealing with plain English and the Welsh equivalent to ensure that the terminology current in Europe and in those organisations in this country connected to Europe—

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. I have allowed a great many interventions during this debate. Everyone who has indicated that they wish to speak on this group of amendments has made many interventions, and everyone has now had the opportunity to hold the Floor. I am sure that the hon. Member for Caerphilly (Wayne David), who has already rehearsed many of his arguments in interventions on the speeches of other hon. Members, will soon be drawing his remarks to a conclusion.

Wayne David Portrait Wayne David
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Thank you, Madam Deputy Speaker. I would simply say that I agree with my hon. Friend’s intervention absolutely.

Amendment 67, tabled by the hon. Member for Cheltenham (Martin Horwood), refers to the Scottish situation. That is an important point, because yesterday the Prime Minister of Spain made comments to the effect that if Scotland left the United Kingdom it would leave the European Union as well, and that has profound implications for the timing of this referendum and whether it appears before or after the general election. I would simply say that we need to be mindful of the Scottish situation in this debate; there could well be unforeseen implications of anything we decide to do.

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Lord Hague of Richmond Portrait Mr Hague
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I will not give way to the hon. Member for Ilford South (Mike Gapes), whose views have been delivered at great length over many hours. He has dragged himself reluctantly and slowly through the Division Lobbies, so I do not think we need to hear from him during my speech.

We have pushed forward free trade.

Wayne David Portrait Wayne David
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Will the right hon. Gentleman give way?

Lord Hague of Richmond Portrait Mr Hague
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No, I am afraid that the hon. Gentleman falls into the same category as the hon. Member for Ilford South.

We have every reason to be confident that we can negotiate a new deal in Europe. Above all, the final decision to stay or leave must lie with the British people. This Bill enacts precisely that democratic choice. It requires a referendum by the end of 2017, allowing time for the British Government to negotiate a new settlement.

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Adrian Bailey Portrait Mr Bailey
- Hansard - - - Excerpts

I was coming to that point. In all my years in the House, I have never known a private Member’s Bill to be adopted so enthusiastically, which it has been by at least one section of the Government—the Conservative party and the Prime Minister. I have never known the devices that have been used to rally support for the Bill to be used before. We are told that Back Benchers have had breakfast in Downing street. The Prime Minister is trying to convince his Back Benchers either to stay in or to come out of the EU using the device of stuffing them with French croissants or, I have heard, bacon baps. Was it Danish or British bacon? I hope that those Conservative Back Benchers who are so hostile to the EU ensured that the Prime Minister stuffed their baps with British bacon to get their vote for the Bill.

On a more serious note, I want to concentrate my few remarks on a vital issue not only for the country, but for the west midlands and my constituency in particular. A lot has been said—my hon. Friend the Member for Newcastle upon Tyne Central (Chi Onwurah) emphasised this—about the potential impact on foreign direct investment in this country arising from the uncertainty that will be created by a decision to hold a referendum in 2017. If we ask investors what the most crucial thing to ensure that they invest in a place is, they will answer, “Certainty.” If people are to invest money, they want to know on what basis that money will be used and what returns can reasonably be generated. If there is uncertainty about the scale of the market for British manufacturers, the prospect of encouraging foreign direct investment will be very much more limited.

Outside investors are not daft. When they see the Government—or the Conservative party—backing a Back-Bench Bill such as this one, they can see the way the wind is blowing and they are bound to question whether they should be investing in this country again. As my hon. Friend said, major manufacturers in this country are already questioning their long-term commitment to it as a result of the uncertainty being created by this Bill.

The Bill conflicts with the Government’s asserted priorities, too. We are told that they are reducing corporation tax to encourage foreign direct investment, but what is the point of doing that if they are at the same time reducing the potential market for the products that would be generated by that investment from 500 million people to 60 million? The two policies are totally contradictory, as outsiders with money to invest in Britain will notice.

The situation has particular importance for my west midlands constituency. It is fair to say that the recession has not had nearly as bad an overall impact as it might have had, largely because of the rejuvenation and renaissance of the motor industry, which has been centred in particular on the expansion of Jaguar Land Rover. My constituency has more foundries than any other, and they are often third, fourth or fifth-tier suppliers to the motor industry. The prospect of a reduction in investment in the key manufacturers in the motor industry is bound to have an impact on the economic prospects of my constituents.

Wayne David Portrait Wayne David
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My hon. Friend makes an extremely important point. One thing that is evident from the debate is that there is not an appreciation of the importance of the single market to the European Union. Does he agree that if anything is central to the whole European project, it is the single market?

Adrian Bailey Portrait Mr Bailey
- Hansard - - - Excerpts

I totally agree. British car manufacturing is a success story; 80% of what we make is exported, with 50% of it going to Europe—Jaguar Land Rover’s major market is the United States. If the Bill goes ahead and there were to be a referendum whereby Britain came out of the EU, we would lose out not only on our major car market, but on the investment, marketing and manufacturing that would go to other countries.

I wish to discuss one other aspect that has perhaps not had the consideration it deserves. We are engaged in an EU-US free trade negotiating process, which, again, will have profound consequences for the British car industry and, in particular, Jaguar Land Rover. The uncertainty created by a decision to pass this Bill and the prospect of our coming out of the EU is bound to affect the final settlement of those negotiations. It is not possible to believe that the US would be prepared to have one settlement with the EU and another with this country. Only by our membership of the EU are we able to have a united position that will give a potential market for cars for both the US and the EU, with enormous benefit. The potential of such an agreement has been estimated at £4 billion to £10 billion in this country.

I could go on, but I recognise that many other hon. Members wish to speak. The crucial point is that the Bill injects an element of uncertainty into much needed foreign direct investment in key strategic industries in this country, particularly affecting the west midlands and my constituency. That is why I am not prepared to back the Bill, and I urge others hon. Members to take the same approach.

Wayne David Portrait Wayne David
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I think it is fair to say that we have had an interesting few days. One reason is that the hon. Member for Stockton South (James Wharton) has not been present very often. It is a good parliamentary skill to have a light touch, but it is possible to take things too far.

Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

My hon. Friend ought to be fair to the hon. Member for Stockton South (James Wharton)—he has been present, but he has not been participating.

Wayne David Portrait Wayne David
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The hon. Gentleman has obviously been a very discreet presence; I thank my hon. Friend for that intervention.

It has also been an interesting few days because the hon. Member for Windsor (Adam Afriyie) tabled an important amendment—a very brave one, given the criticism from his colleagues. Unfortunately, he is not present either; I have not caught sight of him since his amendment was unsuccessful.

We should give collective thanks and praise to my hon. Friend the Member for Ilford South (Mike Gapes) for the large number of amendments he has tabled. Many were probing amendments, which allowed us to have an effective debate and probe the central themes underlying the Bill. Above all, his amendments showed that the Bill has many profound weaknesses; I shall focus on three of those.

First, a fundamental weakness is that the Bill as it stands is an essentially unconstitutional attempt to bind a future Parliament to a decision made in this Parliament. We are well aware of the erudite comments of the constitutional expert Dicey, who said that such a thing was fundamentally contrary to the principle of parliamentary democracy. Attempts have been made to bind subsequent Parliaments to decisions, and they have all come unstuck; all have been unfortunate experiences. I very much regret that although the Government, or the Conservative element of the Government, might declare that that is not the case, there is a profound constitutional question mark over the Bill.

Secondly, as several hon. Members said, the Bill intrinsically creates uncertainty—uncertainty about our membership of the European Union. As Britain is above all else a trading nation, clarity is required about our future trading relations, and our most important trading partner is the European Union. That is a fact. It is not a subjective statement; it is an entirely objective one. Therefore, the question mark that the Bill places over our future membership is extremely damaging and debilitating to Britain’s national interests.

There is another profound weakness in the Bill: the nature of the question that would appear on the ballot paper. It is:

“Do you think that the United Kingdom should be a member of the European Union?”

There are many serious weaknesses in that question. Weaknesses have been pointed out by Members of this House, but perhaps more important weaknesses in that question have been pointed out by the Electoral Commission.

The Electoral Commission, as others have said, and which I will repeat because it is so important, is the impartial body that is charged with ensuring that elections of all sorts in this country are conducted fairly. It is profoundly concerned about the wording in the Bill. It has said that the opening phrase, “Do you think that” should be replaced with “Should”. That is a very fair comment. It also says that it would be far better that the question was more open-ended. The question currently says,

“should be a member of the European Union”.

It would be far better if it were less ambiguous and did not imply that Britain at present was not a member of the European Union. The Electoral Commission has gone a stage further and said that perhaps there is scope for Parliament to consider whether, rather than a yes or no question, two alternative statements should be put forward and Members should be able to select which statement they prefer. Sadly, there has not been an opportunity in this House to have that kind of important debate, which the Electoral Commission has suggested.

It is important to recognise that this issue exercises the minds of many in the country, but what has come through clearly from the debate during the last few days above all else is that, yes, people are interested in whether we should continue to be a member of the European Union, but they are also concerned about the lack of information in the public domain to enable them reasonably to come to a conclusion. I hope that the Government will say that there is a need to end the partisan point-scoring on this fundamentally important issue to Britain’s future, and embark upon a bipartisan, cross-party public information campaign, so that people are aware of the important issues at stake. That point is clearly made by the Electoral Commission, and I hope to goodness that in the interests of democracy the Government recognise the need for that to take place.

I very much hope that the Bill will go from this House today to the other place, where I have every confidence that there will be a sensible and rational debate and that amendments will be tabled and agreed to, and that the Government will be positive in their engagement with the other place and will respect the enormous knowledge and expertise there, particularly on European issues. If that is the case, there will be a productive period of consideration in the other place, and when the Bill finally returns to this House, it will be a better Bill as a consequence.

Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

I begin by thanking the hon. Member for Stockton South (James Wharton) for giving us the opportunity to have this extensive three days of discussion of the European Union and issues relating to it. I hope that we will have opportunities later this year and next year to continue such discussions so that we can at last begin to get through the fog of distortion that unfortunately is too prevalent in our newspapers.

I am pleased that the Foreign Secretary is in his place, and I will be quite happy to take interventions from him, even though he was too frit to take one from me. I want to remind the Foreign Secretary about referendums and the Conservative party. He was a Minister in John Major’s Government, who did not give a referendum on the Maastricht treaty. Just a few days ago, John Major was quoted as saying that the Bill was not worthy of his support, and that leaving the European Union would be “folly beyond belief”. Will the Foreign Secretary now intervene and tell me whether he agrees that leaving the European Union would be “folly beyond belief”? If he does not want to respond on that issue, he might wish to comment on Lord Heseltine’s statement that the whole process, which has been instigated by the Conservative party, is “an unnecessary gamble” with Britain’s future. [Interruption.] If the hon. Member for Dover (Charlie Elphicke) wishes to intervene rather than shouting at me, I will be happy to take an intervention. If anyone on the Government Benches wishes to intervene rather than muttering and shouting, I will happily give way. If not, I will carry on.

The hon. Member for Windsor (Adam Afriyie), who unfortunately seems to have been in some kind of retreat since he lost the vote on his amendment, will be aware, as will other Members, that I voted for that amendment. I was the only Labour Member to do so. That has caused some confusion on the UKIP website, where messages are going out praising those brave souls who voted for a referendum in 2014. Of course, that includes me, and that is a bit contradictory given some of the other messages about me on the UKIP website; but they will get their line right eventually.

The hon. Gentleman did something very important in highlighting the fact that if we are to have an in/out referendum we should not create a situation of three or four years of unnecessary uncertainty. It has been said of Nissan, but it could apply to many other companies wishing to invest in the European market, whether from South Korea, China or the United States, that potential investment could be put at risk. Such companies could choose to go to another English-speaking country in the European single market, such as the Irish Republic or other countries where they could create investment with certainty beyond 2017 and into the future.

I do not wish to delay the House for too long, but I want to make some important points about this very bad Bill. The Bill has been amended only very specifically with regard to allowing people who are residents of the British overseas territory of Gibraltar to vote in the referendum. The original proposal presumably resulted from an oversight by the Government, who forgot about Gibraltar being part of the European Union in terms of voting in the European Parliament elections. However, British citizens in other British overseas territories will not be allowed to vote in the referendum, although their relationship with the European Union is central to many aspects of their life and their future, and UK membership has big implications for them as well. A few weeks ago, a Committee considered the relationship of the overseas territories of the UK, France and others to the European Union. Our overseas territories people have been rejected by a Conservative whipped vote against one of my amendments. As a result, this message should go out very clearly to British overseas citizens: “The Conservative party does not have your interests at heart—it doesn’t support you.”

Similarly, 1.4 million British people live elsewhere in the European Union. Many of those people—I have received e-mails from some of them—have been living in other European countries for more than 15 years and are therefore unable to register to vote in a European election or any other election in this country. They are excluded from the terms of this referendum, and their future could be put in jeopardy. If someone is living in Spain and suddenly their home country is no longer part of the European Union, and their citizenship is then of a non-EU state as opposed to an EU state, there could be huge implications for their future in Spain or in any other EU country. We are denying those people democracy.

Some people are claiming that I am being undemocratic because I am trying to subject—[Interruption.] Yes, some of them are over there on the Conservative Benches. These are the same people who voted against the right of British people living elsewhere in the European Union to have a vote in the referendum. That is what is undemocratic. Conservative Members do not believe that British people living elsewhere in Europe should have a say in this referendum. Only 20,000 people are currently registered as overseas voters, and therefore more than 1 million British people would not be able to take part in this process. Frankly, that is a disgrace.

There are other anomalies such as the situation of people who are married to citizens of other EU countries and living in Britain, with their children in schools or universities here. Those people have an intense interest in the relationship between the United Kingdom and the rest of the European Union. Yet, although we allow them to vote in European Parliament elections, we are to take away the right of those new Europeans to vote in a referendum on the relationship between the EU country from which they originally came and that in which they now live. That is another democratic disgrace. It is typical of the Conservative party. Instead of caring, it has decided to follow the little UKIP tail, which is now wagging the dog that is the Conservative party.

My hon. Friend the Member for Caerphilly (Wayne David) has highlighted how the question has been drawn up for party political reasons. The Daily Mail revealed a few months ago that the original wording had been changed in order to make it more friendly for the Eurosceptics. Frankly, that is typical of this whole exercise. This Bill is not about democracy or giving the British people a choice; it is about the internal mechanics of the Conservative party and managing its internal divisions.

As has been said, this Parliament cannot commit a Parliament that will be elected in 2015 to doing something. The people behind this Bill and the Ministers involved know perfectly well that it is the decision at the 2015 general election that will make the difference. This is a political ploy to try to assuage the Europhobic wing of the Tory party and to keep them on board. The Foreign Secretary and other Ministers are playing a game with their colleagues.

I will not vote against this Bill today, because I believe that the House of Lords now has to subject it to the scrutiny that we have only been able to touch the surface of. The House of Lords needs to take up the issues in greater detail than we have been able to, look at the inadequacies of this woeful Bill and expose its contradictions. I do not know how long it will take the House of Lords to do that—this House might get the Bill back at some point—but it needs to do its job properly and not be bounced or have closure motions pushed on it to prevent it from properly scrutinising the provisions.

I am pleased to have played a small part in trying to ensure that this Bill has received proper scrutiny in this House, which is what parliamentary democracy is about. The day we move to plebiscitary democracy will be the day we undermine the rights of Members of Parliament, and that would be terrible.

Wayne David Portrait Wayne David
- Hansard - -

My hon. Friend is making a very important point. Does he agree that it is disgraceful that the Europe Minister dismissed out of hand the excellent points my hon. Friend has made and the excellent amendments he has tabled in order to facilitate this and previous debates?

Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

I am grateful for my hon. Friend’s remarks.

In conclusion, I want to get to the heart of the issue and consider what the terms would be of any renegotiated settlement relevant to a 2017 referendum. We do not know when that will happen; it might happen during the British presidency, but the situation, like many other things in the Bill, is ambiguous. A few months ago, the Foreign Affairs Committee, which is a cross-party Committee with a wide spectrum of views on the issue of Europe, produced a report on which we agreed unanimously, in which we said that

“we are clear that UK proposals for pan-EU reforms are likely to find a more favourable reception than requests for further ‘special treatment’ for the UK. We are sceptical that other Member States would renegotiate existing EU law so as to allow the UK alone to reduce its degree of integration, particularly where this could be seen as undermining the integrity of the Single Market. The Government must reckon with the fact that the body of existing EU law is a collective product in which 27 countries have invested. Our sense is that other Member States want the UK to remain an EU Member. However, we do not think that a UK Government could successfully demand ‘any price’ from other Member States for promising to try to keep the UK in the Union.”

That is the essence of the point. The Government—at least the Conservative party—are trying to sell us a pig in a poke; they are trying to sell us a blank sheet of paper and they have not defined their terms for renegotiation. Indeed, the Foreign Secretary told the Foreign Affairs Committee that that process would not even start until after the general election.

The Bill is a disgrace; it should not be supported, and I hope that the House of Lords will do justice to it and amend it significantly.

Question put and agreed to.

Bill accordingly read the Third time and passed.

European Union (Referendum) Bill

Wayne David Excerpts
Friday 22nd November 2013

(10 years, 5 months ago)

Commons Chamber
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Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

The hon. Gentleman is a great expert on Friday debates. I am prepared to listen carefully to him if he wishes to make further interventions, but at this stage of my contribution, I want to concentrate on the specifics of my amendments, not on hypothetical questions—[Interruption.] I will answer the hon. Gentleman’s question, but in my own time, a time of my choosing. As he knows, I do not have to disrupt the flow and the eloquence of debate on all the different amendments or the order in which I want to discuss them. I will come to his point later. As an expert on what happens on Fridays with private Members’ Bills, he will know that his intervention allows me to give more thought and more consideration to my contribution, perhaps making it a little lengthier than would otherwise be the case.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
- Hansard - -

Does my hon. Friend see a real problem with the situation in Scotland, whereby votes will be given to 16 and 17-year-olds for the separatist referendum, as he calls it, yet those same individuals would not be able to vote on the European referendum that could be held on the same day? Is that not a recipe for conflict and confusion?

Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

Yes. The previous set of amendments, on which we have not yet voted, included amendments proposed by a number of hon. Members and were spoken to by many Members, including my hon. Friend the Member for Feltham and Heston (Seema Malhotra). They were about the importance of considering votes for 16 and 17-year-olds in any referendum on the European Union. Surely if the young people of Scotland, with the consent and agreement of the UK Government—it would not have been possible to do it otherwise—are able to vote in September 2014, they will probably feel a little bit miffed, to put it mildly, if they are not then allowed to vote a few weeks, months or years later in another referendum. That will not encourage the participation of young people, who will feel that they have been given a democratic right on the one hand, and had it taken away from them on the other.

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Mike Gapes Portrait Mike Gapes
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Of course we would. However, as the Foreign Secretary made clear in giving evidence to the Foreign Affairs Committee, the Government do not propose that. They have this balance of competences review, which is being denounced on some websites, and by some of the more Europhobic commentators, as a put-up job by the Europhiles who run the FCO. [Interruption.] I am not making it up; that is what is being said.

The Prime Minister’s interesting speech to Bloomberg in January was going to happen in 2012, but was delivered in 2013; according to the Foreign Secretary, he made parts of it on behalf of the Conservative party and parts as Prime Minister of a coalition Government. It would greatly benefit this country’s future if the Prime Minister followed that up with another speech in January 2014, in which he set out in great detail his vision—if he has one—of the kind of green-friendly, environmentalist, European Union that he wished to put forward for the future.

Wayne David Portrait Wayne David
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I do not want to pre-empt a discussion that we will have later, but it is noticeable that the Electoral Commission has said during its comments on the suggested question that there is a lack of understanding among the population of the United Kingdom about what the European Union does and is. Does my hon. Friend agree that a slightly longer time scale would give the Government the opportunity to put objective arguments, both for and against, to the British people, so that they were better informed about the European Union?

Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

That could happen if the Government were prepared to start putting those arguments. However, as things stand, because the tail is wagging the dog and because the Government are running scared of a party that is polling only 10% or 12%, they are prepared to put this country’s interests at risk and not make the case for European co-operation and the European Union in a positive, regular and consistent manner. Unfortunately, I do not think the issue will be resolved until there is a change of Administration and we have a Government with a commitment to take these issues seriously and put them forward in a positive manner.

Mike Gapes Portrait Mike Gapes
- Hansard - - - Excerpts

As I said, I did not table these amendments to push all of them to a vote. However, I would be interested in the Government’s response to my hon. Friend’s points and my previous remarks.

I want to make progress. I have been generous in taking interventions, but I need to allow time for others to speak. I have added my name to amendment 77, tabled by my right hon. Friend the Member for Neath (Mr Hain). It is an important amendment because, as the Minister well knows, there is a difficulty. Under the rotating six-month timetable, the United Kingdom is due to hold the presidency of the Council of Ministers between 1 July and 31 December 2017.

There will be a period in which the Government—I am sorry; I mean the Conservative part of the Government. I must get that right, but it is very difficult. The Minister, speaking on behalf of the Conservative party from the Front Bench, has said that the preferred date for the referendum is before the end of 2017. Frankly, that could cause all kinds of difficulties and confusions for the United Kingdom presidency. If we had to have a referendum in 2017, it would be logical and sensible to hold it before 1 July. Then, at least, there would be clarity as we went into the British presidency.

If we voted to stay in, the Government would no doubt say, “The British people have supported the European Union. Now we are great Europhiles and go forward in co-operation and friendship, harmony, peace, love and apple pie. Everything is fine.” If, however, there was the question of a referendum in August, September, October or November, we would be in the heat of a referendum campaign in the middle of the British presidency. How could Ministers behave in a governmental role, attending Council of Ministers meetings, chairing meetings and taking part in negotiations and discussions, without taking off the party political hats that they were wearing in their fight in that campaign?

We do not know the terms of the referendum: what, if anything, will have been renegotiated. It is possible that some Ministers will be arguing to leave the European Union, while others—in the same Department or even the same party—will be arguing to stay. What an absurd prospect for a British presidency of the European Union. The best solution is to support amendment 77, on which I hope we can divide the House, through which we can make it clear that the referendum should not be held during the six-month period of the British presidency. It would be absurd to hold it then.

Wayne David Portrait Wayne David
- Hansard - -

My hon. Friend has made an extremely important point. If there were that element of confusion about where the United Kingdom stood, that would obviously be bad news for the UK and our national interest. Furthermore, it would be debilitating for the European Union as a whole.

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John Baron Portrait Mr Baron
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I am pleased that the hon. Gentleman made that intervention, because it is clear to everyone, both inside and outside this place, that the Liberals are very good at promising referendums when it comes to a general election, but do not deliver the goods when the time comes. I am afraid that they talk the talk, but do not walk the walk.

Briefly, let me address the central point of the date of the referendum; I am conscious that other Members wish to speak. Pulling the date forward from 2017 would not make for a fair referendum. There would be less time to marshal the facts and to have a true consideration of them. The Prime Minister could rightly say that he has not had time fully to repatriate any powers. If the referendum was held next year, the political establishment would close ranks and push the case for an “in” vote—to remain in the EU—in addition to which we do not have a full explanation of the merits and otherwise of our membership. We need time to nail the lie that leaving the EU would cost 3 million jobs. We need time to allow small businesses, which tend to be more sceptical of EU regulations than big businesses, to find their voice. We need time for the eurozone crisis to play out. We do not know what sort of Europe or European structures we are dealing with in the EU.

Wayne David Portrait Wayne David
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rose—

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Chris Williamson Portrait Chris Williamson
- Hansard - - - Excerpts

I rise to speak to amendment 62 and new schedule 1, which I tabled, and to support a range of other measures, including new schedule 2. As has been clear from the debate so far, this contentious matter is dividing the House and, to an extent, the country at large, so getting the date of a referendum right is crucial, which was why I tabled my amendment and new schedule. I am worried about the uncertainty that is being generated by the Conservative party as a result of this debate, yet that uncertainty is added to by the question of the date. If there is to be a referendum, it is crucial that it is held on a date when it will cause the minimum amount of disruption and difficulty, and the least uncertainty for the business community on which many millions of people rely for their livelihoods and on which the strength of the British economy depends.

I therefore propose establishing a Speaker’s Committee, because there could be no better way of providing reassurance than for such a Committee to determine the referendum date. That process would offer some comfort to those who are alarmed by the current debate, because they would understand that there would not be an arbitrary date, with all the ramifications that flow from that. A Speaker’s Committee would be able to consider the matter in the cold, calm light of day, instead of it being determined in the cockpit that is the Floor of the House.

It might be helpful if I illustrate my point by quoting George Cowcher, the chief executive of the Derbyshire and Nottinghamshire chamber of commence, who says:

“As the world’s largest single market, Europe will always be a key trading partner for the UK. Being successful there remains central to the future growth and development of a significant majority of companies in Derbyshire and Nottinghamshire. Business hates uncertainty and that’s what will be caused by this.”

There is no justification for adding to that uncertainty, so surely it would be better to minimise it by establishing a Speaker’s Committee to address that real concern.

Wayne David Portrait Wayne David
- Hansard - -

There is a lot of merit in my hon. Friend’s suggestion because there are a number of precedents of the Speaker taking the lead by establishing a forum, Committee or conference to discuss complex constitutional matters. Does he agree that such precedents enormously reinforce his argument?

Chris Williamson Portrait Chris Williamson
- Hansard - - - Excerpts

I am grateful to my hon. Friend for that point, which I was going to incorporate in my speech. I agree that there are such precedents, so it would be sensible to consider establishing a Speaker’s Committee on one of the most important—if not the most important—issues that we have ever had to face, certainly in modern times.

The British public and British business want to ensure that the date is set in the national interest, not in the partisan interest of the Conservative party. Business knows and we all know—I would like to think that anyone here with a modicum of common sense knows—that the single market is absolutely key. In his comments, my hon. Friend the Member for Sedgefield (Phil Wilson) referred to Nissan, a massive investment in the north-east of England which is put in jeopardy as a consequence of the uncertainties created by this debate. Those uncertainties are added to by the uncertainty as to whether the date of the referendum is in the national interest.

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Wayne David Portrait Wayne David
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I wouldn’t count on it.

Gareth Thomas Portrait Mr Thomas
- Hansard - - - Excerpts

I suspect that my hon. Friend is right.

The Electoral Commission has a statutory responsibility to report on the intelligibility—

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Kevan Jones Portrait Mr Kevan Jones
- Hansard - - - Excerpts

Does my hon. Friend also agree that there is some concern about the amendment, because the question would read:

“Should the United Kingdom remain a member of the European Union?”?

We tabled an amendment last week to include Gibraltar. Does he think that there should be some reference to Gibraltar on the Gibraltar ballot paper?

Wayne David Portrait Wayne David
- Hansard - -

rose—

Gareth Thomas Portrait Mr Thomas
- Hansard - - - Excerpts

I will give way in a second.

My hon. Friend the Member for North Durham (Mr Jones) makes a good point. Although I will listen with particular care to the comments of my hon. Friend the Member for Ilford South about amendment 35, I suggest that my amendment is more appropriate. We should not be second-guessing the Electoral Commission. We should ask it to complete its work and give us a clear sense of what the question could be. The Electoral Commission found that changing the wording in the way suggested could also reinforce the importance and significance of the referendum as a formal mechanism for seeking consent from the electorate. Apparently, the Electoral Commission felt that there was a risk that some people would not understand that the referendum was a formal exercise taken seriously by the Government. Quite why so many members of the public should feel that the Prime Minister’s referendum proposal is not a matter to be taken seriously is beyond me. Perhaps my hon. Friend the Member for Caerphilly (Wayne David) wants to share some information on that.

Wayne David Portrait Wayne David
- Hansard - -

Going back to the definition of “country”, if, God forbid, Scotland decided to break away from the Union, would the reference to the United Kingdom still be valid?

Gareth Thomas Portrait Mr Thomas
- Hansard - - - Excerpts

I hope that that scenario is not presented to us, but we would clearly need to ensure that the appropriate consultation took place about any necessary changes to the referendum proposal. We know from the comments from the Minister for Europe, provoked by the hon. Member for Cheltenham, that he is not wedded to the 2017 date and can imagine situations in which the legislation might have to be scrapped or amended. Perhaps the scene that my hon. Friend has just painted is a further example that the Minister for Europe had in mind.

Perhaps those questioned by the commission could sense the more than slight disparity in the views of Government Members and the less than steadfast commitment to a referendum from the Government parties’ Minister for Europe. The Electoral Commission’s research shows that some people felt that “Do you think” sounded more like an opinion poll than a binding vote. It is for others to say whether it was with opinion polls in mind that this whole exercise was initiated by the hon. Member for Stockton South, Lynton Crosby and the Prime Minister.

The Electoral Commission recommended that the opening phrase “Do you think” should be replaced with the word “Should”. The commission has considerable expertise in this area, as I have already set out. Indeed, the commission has a range of other duties on referendums under the Political Parties, Elections and Referendums Act 2000, including registering organisations or individuals that want to campaign in a referendum, monitoring spending on referendum campaigning in line with referendum spending limits, and acting as the chief counting officer for the referendum. As it has such duties, the commission is clearly the go-to organisation for all things referendum. The Opposition take its guidance extremely seriously. When the Minister responds to the debate, I would be interested to hear whether he is likewise prepared to stand up to the chairman of the Conservative party and take the considered views of the Electoral Commission on board.

The other key amendment tabled by my hon. Friend the Member for Ilford South deals with another problem identified by the Electoral Commission, concerning making the question clearer and improving understanding. The Electoral Commission’s research found

“low levels of contextual understanding of the European Union, with some participants having no knowledge of the European Union, or the status of UK membership of the EU, at all.”

Importantly, the issue about which we should be concerned is the fact that many participants in the Electoral Commission’s research felt that the question

“was misleading because it does not make clear that the United Kingdom is currently a member of the European Union.”

We know that that is an issue of great concern to the Conservative party. An article in The Mail on Sunday during the summer told us that frantic negotiations occurred behind closed doors as the Prime Minister bowed to Eurosceptic pressure—again, one might say—and revised the question so that voters would be asked whether the UK should “be” in the EU rather than “remain”, as in the original wording. Apparently, Conservative Eurosceptics, desperate to give their position on the referendum an edge, wanted the question to be less clear—an extraordinary ambition. I have absolutely no idea whether the piece in The Mail on Sunday is accurate, although the journalist who wrote it is not known for being wrong too often. I gently suggest to Government Members that the Mail’s piece underlines the fact that if they want to present this proposition as less of a stunt in future they must take seriously independent advice about how the question should be drafted. The 1922 committee or Lynton Crosby’s office are not the places to be doing such drafting.

While the Prime Minister may be getting bullied again by his noisy and impatient Back Benchers, Labour Members believe that we should listen to the Electoral Commission’s recommendation that the final question on the ballot paper should clearly reflect the UK’s current position within the European Union. If we are to have a referendum, the question should make it clear that the UK is already a member. We see no benefit of shrouding the issue or being purposefully unclear to the electorate. The Electoral Commission identifies a risk of there being ambiguity in the question, with the consequence that it might be misleading to some voters. Labour Members take that considerable concern seriously.

A question to the electorate that would be less ambiguous would be whether the UK should “remain” a member of the EU. The Electoral Commission found that many people felt that the question was asking them whether the United Kingdom should become a member, rather than remain a member, and thought that they were being asked to vote on the UK joining the European Union. Importantly, even those who were aware of the UK’s status as a member of the European Union agreed that the question in the Bill might be misleading. We have already had a referendum on whether the UK should join the European Union. It was proposed not in the manifesto of the Conservative party, nor in that of the Liberal Democrats, but in a Labour manifesto. The referendum was set out in a Labour White Paper and put to the electorate by a Labour Government. By tabling amendment 35, my hon. Friend the Member for Ilford South is trying to avoid causing some voters to think that they are back in the 1970s. He wants to ensure that the question in any referendum that we might have is not misleading in any way.

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Wayne David Portrait Wayne David
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There is also a fundamental constitutional point, in that one Parliament is unable to bind a future Parliament. The Bill puts a question mark over that well established constitutional rule.

William Bain Portrait Mr Bain
- Hansard - - - Excerpts

Given my hon. Friend’s expertise in this area, he is enormously well placed to make that point in such a powerful way. It is bizarre that many of those who support the Bill are the very same people who oppose the idea of Parliament being bound by its successors. One reason why they want to withdraw from the European Union, and would encourage people to vote no to staying in in any such referendum, is that they do not believe that sovereignty should be affected.

Oral Answers to Questions

Wayne David Excerpts
Tuesday 29th October 2013

(10 years, 6 months ago)

Commons Chamber
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David Lidington Portrait Mr Lidington
- Hansard - - - Excerpts

First, may I welcome the hon. Gentleman to his new responsibilities? Of course this is a return to European activity from the days when Tony Blair appointed him as one of his champions of the single currency in the Labour party. Having served his time in quarantine, he is now being allowed out again.

The hon. Gentleman may not have been here yesterday, but my right hon. Friend the Prime Minister made it clear at the Dispatch Box that he stood ready to speak to President Putin whenever that would best help the welfare of those who are being detained and lead to a satisfactory outcome for them. The search for a satisfactory outcome to this case remains at the top of the Government’s priorities, and it determines how we handle individual representations.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
- Hansard - -

3. What recent assessment he has made of the human rights situation in Sri Lanka.

Lord Hague of Richmond Portrait The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)
- Hansard - - - Excerpts

We have serious concerns about the human rights situation in Sri Lanka, including freedom of expression and judicial independence. I will use my attendance at the Commonwealth Heads of Government meeting to see the situation on the ground and raise our concerns directly with the Sri Lankan Government.

Wayne David Portrait Wayne David
- Hansard - -

I thank the Foreign Secretary for that reply. However, if he and the Prime Minister are to attend the Commonwealth Heads of Government meeting, what will their strategy be to ensure that the Sri Lankan authorities hear loudly and clearly the representations that are being made and, more importantly, take action?

Lord Hague of Richmond Portrait Mr Hague
- Hansard - - - Excerpts

Of course we will take up these issues. Between the Prime Minister and I we will be visiting the north of Sri Lanka to see for ourselves what is happening. We will press the Sri Lankan Government to investigate all human rights abuses, including the shocking allegations of acts of sexual violence committed during and after the conflict. We will urge them to allow free expression and to stop intimidation of journalists, and call on them to bring about reconciliation and political reform. It is important that we give that message to them in person.

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Hugh Robertson Portrait The Minister of State, Foreign and Commonwealth Office (Hugh Robertson)
- Hansard - - - Excerpts

Yes, of course, we will. As I said in answer to an earlier question, there is now a moment of hope—or perhaps I should say opportunity—that has not been there for some years. I am visiting the region for the first time next week and will certainly do what the hon. Gentleman urges.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
- Hansard - -

T2. Which competences will the Government seek to repatriate from the European Union?

David Lidington Portrait The Minister for Europe (Mr David Lidington)
- Hansard - - - Excerpts

What the Government have already shown in their three and a half years in office is that they have been able to bring powers back to this country: through the reform of the fisheries policy, which has abolished the practice of discarding that the hon. Gentleman’s Government tried and failed to reform in their 13 years in office; in getting a cut on the budget for the European Union; and in getting us out of the bail-out mechanism to which his Government committed us. That is a fine track record on which to look forward with high hopes for the future.

Oral Answers to Questions

Wayne David Excerpts
Tuesday 3rd September 2013

(10 years, 8 months ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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There are people—my hon. Friend is right to draw attention to them—who will try to disrupt and sabotage this immense effort to bring about permanent peace between Israelis and Palestinians. On the other hand, President Abbas, the leader of the Palestinian Authority, is a genuine partner for peace for Israel and I welcome the bold leadership he has shown. He will visit the UK shortly and we will have detailed discussions with him about the way forward for Palestinians and the need for them to embrace this process, notwithstanding the obstruction of Hamas.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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4. What recent assessment he has made of the prospects for fully normalising relations between Serbia and Kosovo.

David Lidington Portrait The Minister for Europe (Mr David Lidington)
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I very much welcome the considerable progress that Serbia and Kosovo have already made, including their historic agreement on 19 April this year. There is still more to do, but I am confident that if both sides remain committed, full normalisation will be achieved.

Wayne David Portrait Wayne David
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I am sure that the Minister for Europe will join me in congratulating both the United Nations and the EU High Representative on their efforts to bring a better relationship between Kosovo and Serbia, but what does he identify as the next crucial step in normalising the relationship between Pristina and Belgrade?

David Lidington Portrait Mr Lidington
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I endorse what the hon. Gentleman says about congratulating both the United Nations and the EU High Representative on their work to achieve progress. The next steps are the full implementation of what has been agreed under the dialogue and urgent efforts to take forward some of the key outstanding issues, such as telecommunications, energy and agreement on arrangements for municipal elections later this year. Of course, we have to ensure that conditionality on normalisation is hard-wired into the framework for Serbia’s accession negotiations.