Devolution (Scotland Referendum)

Debate between Wayne David and Christopher Chope

Tuesday 14th October 2014 Commons Chamber

[Mr Chope]

I will not, I am afraid.

That is what my right hon. Friend the Prime Minister had in mind when he made his commitment on the steps of Downing street.

[Wayne David]

rose—

[Mr Chope]

I will not give way again because many Members wish to contribute to the debate.

If, as is argued, people voted against independence but in favour of change, they voted for less power for Scotland’s MPs in the United Kingdom Parliament over Scottish affairs. If Scotland’s MPs are to have less power over legislation affecting Scotland, why should they keep their existing power over legislation affecting the rest of the United Kingdom? There are two options. One is to relieve Scottish MPs of any power to legislate on matters in the rest of the United Kingdom for which they have no power to legislate in Scotland. The second is to reduce the number of Scottish MPs to reflect their reduced responsibilities as a result of that devolution settlement in their own constituencies.

On the basis of what the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) was saying, if Scotland is 8% of the United Kingdom there should be only 52 Scottish MPs in this House. If each of them has less responsibility because they do not have responsibility for all those matters that have been devolved to the Scottish Parliament, there should be fewer of them because they have less work to do.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Wayne David and Christopher Chope

Wednesday 9th October 2013 Commons Chamber

[Wayne David]

I thank the hon. Lady for her question about the delayed election in Northern Ireland and for her extremely important comments from first-hand experience about the important role that civil society plays in Northern Ireland. That role is sometimes not fully appreciated by politicians in Great Britain.

As my hon. Friend the Member for Aberavon (Dr Francis) mentioned, the participation of civil society in Wales has been increasing. The same is true of Scotland. However, the participation of civil society in those countries is not nearly as important as in Northern Ireland. It is not to put it too strongly to say that the engagement of civil society is one of the anchors of the peace agreement. It is a key reason why so much progress has been made in Northern Ireland over the past few years. I reiterate that that has been accepted by the Electoral Commission and by many politicians of all political affiliations in the north of Ireland. This is not a party political issue, but a question of how democracy can best flourish and function.

I am involved in civil society in Wales in a modest way. My background is in the youth service, and I am the president of the Council for Wales of Voluntary Youth Services, which, through the Welsh Council for Voluntary Action, has made representations on the Bill. Its concern is first that the stipulations are onerous—I will come to that in a moment—but also that there has been no prior consultation with the devolved institutions or civil society. That sends out a negative message about the lack of thought and, as some might say, the less than benign intentions behind the Bill. All those points have been well made, and I thank those who have reinforced them.

I will now move on to consider new clause 3 if I may—[Interruption.] I was just making sure that you were hanging on my every word, Mr Speaker, and I am pleased to say that you are. New clause 3 is short but important:

“Within one month of Royal Assent, the Electoral Commission must lay before Parliament—

(a) full cost projections of the impact of Part 2 on their running costs;

(b) their assessment of the administrative impact on third parties.”.

The new clause is straightforward but underlines that, frankly, not enough work has gone into the Bill, much of which gives the impression that it was written on the back of an envelope in a rush, and there has been no proper consultation, drafting or consideration.

As many have noted, the Electoral Commission is extremely critical of the proposed legislation for a number of good reasons. One of its concerns is the lack of consideration given to the technical implementation of the Bill, and how much it will cost to be implemented properly in practice. The Electoral Commission is not a party political body; it is truly and genuinely impartial, and considers the technical implementation of a piece of legislation with regard to regulation and elections. Its responsibility is to ensure that elections are conducted properly and fairly, according to the law.

There have been various estimates of how much the proposed legislation will cost the Electoral Commission to implement. A conservative figure is £390,000, although others have said it will cost a heck of a lot more. It has even been suggested that the legislation would be so complex, and the burden on third sector organisations so great, that it is unlikely it could be implemented properly in practice, and certainly not to the extremely short time scale envisaged. This is not about all elections being delayed, as in Northern Ireland, but about the first impact and the general election in May 2015. To get this complex Bill up and running, not just here in the centre of the process but to have a proper understanding of all the things that voluntary and campaigning organisations must do to comply, will be extremely difficult. In essence, the new clause asks the Government to pause and realise that it is all well and good to enact the Bill and say that this or that will happen, but they must also have cognisance of what it will mean on the ground, both for the Electoral Commission and for third parties.

[Mr Christopher Chope (Christchurch) (Con)]

The hon. Gentleman’s last point is precisely not dealt with by the new clause. The new clause asks for an assessment to be made within one month of Royal Assent, and then lets the matter stand on its own. It does not require the Government to take any action as a result of that assessment. Does that not make the new clause rather nugatory?

[Wayne David]

The hon. Gentleman makes a fair point, but this is a modest new clause and we are not attempting to solve all problems not of our making. We hope that in all common sense, if it is clearly shown that the implementation of the Bill is far more complicated than the Government appear to recognise, they will hold back and perhaps delay its implementation, or provide massive increased resources so that it is effectively implemented by the Electoral Commission. Above all, the new clause flags up the issue in a big, simple and straightforward way.

--- Later in debate ---

[Mr Chope]

If I were a member of the Government faced with such advice from a body on which the Government rely to give them advice, I would say “We will withdraw the Bill, or at least delay further consideration of it until we have received a proper response.” That, I think, would have been the mature way in which to deal with the matter, if I may put in it in a somewhat patronising way.

There are many examples of Bills that have been held up between their Committee and Report stages. Normally they have been held up for a good reason, namely that the Government have been having a rethink, discussing with third parties and other interests what is the best solution. Here we have a glaring example of something else. Effectively, the statutory adviser on these issues has said to the Government “We do not know what the implications are. Please help us. We can help you, but we need a bit of time if we are to do so.”

As the hon. Gentleman knows, I am always an optimist. I hope that, before the end of this evening’s proceedings, we shall have heard the Government say that they wish not to press the matter to the end, but to give the House a chance to engage in further debates, and that they will table further amendments.

[Wayne David]

As the hon. Gentleman implies, there is nothing to stop the Government from saying, at any stage, “We have listened to the concerns of Members on both sides of the House, and we have listened to what people outside the Chamber are saying. We will withdraw the legislation, and will engage in full consultation.” Labour Members can give a cast-iron commitment that if that were to happen, we should be only too happy to engage with the Government, the Electoral Commission and others in an attempt to achieve a consensus on how our electoral law can be modified and made appropriate for the modern age. That is a perfectly reasonable suggestion, and I only hope that the Government will feel able to respond to it. Does the hon. Gentleman agree that it represents a good way forward?

[Mr Chope]

Obviously I do. I am often suspicious of the word “consensus”, but I think that when we are dealing with changes in electoral law, consensus is very important.

In my capacity as a member of the Parliamentary Assembly of the Council of Europe, I go off and monitor a fair number of elections, and the most difficult cases with which to deal are those in which a Government have used their majority to introduce changes in the electoral law, and, in some cases, have used a politically motivated electoral commission to support their actions. That brings democracy into disrepute, especially in some of the emerging democracies in eastern Europe. I think that this is an instance in which we should be aiming for consensus, and if consensus could be achieved by the Government’s withdrawing the Bill, or not continuing with it at the current pace, I should be all in favour of it.

European Union (Approvals) Bill

Debate between Wayne David and Christopher Chope

Monday 11th February 2013 Commons Chamber

[Mr Chope]

Again, I believe in the concept of reasonable expectations. Once a draft Bill has been produced and the Government have said that it will be put before a Joint Committee, I expect the Joint Committee to be appointed within a reasonable space of time. The Committee can then meet and decide its own timetable. However, I would not want to take issue unnecessarily with the Government on a matter such as that, which is relatively small in comparison with some of the other issues on which I have differences with the Government.

I would love to recommend to my colleagues that we divide on this subject, but having heard from the Minister that even if we carried a Division, it would be of no use whatever and might even be counter-productive, I am minded to say that the best thing to do is to hope that the Minister will take back the concerns over the misallocation of resources between the Council of Europe and the Fundamental Rights Agency, and that he will see what he can do to change the system so that the next time we have a debate like this, we have the power to control the agenda and the work programme, rather than being presented with a fait accompli, the alternative to which is even more latitude for the agency concerned.

The next amendment that we will discuss is more wide-ranging and I hope that the Minister will explain in a little more detail why that amendment cannot be accepted by the Committee. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Wayne David]

Clause 1 refers to the draft decisions on the Official Journal and the Fundamental Rights Agency.

I will refer to those two issues in a moment, but I would first like to say a little about clause 1(1), which sets out that when a decision is reached under article 352 of the treaty on the functioning of the European Union, or the Lisbon treaty as it is known as, under section 8 of the European Union Act 2011 that decision must come before Parliament for ratification.

As connoisseurs of these matters will be aware, article 352 is quite controversial. It is the so-called flexibility or enabling clause, which allows decisions to be taken when there is no legal base for them. Its predecessor was article 308 of the European Community treaty. When I was a member of the European Scrutiny Committee, we produced an excellent report on article 308.

I am pleased that we have this new parliamentary power under the 2011 Act. I am sure that the Minister for Europe will recall that the Opposition consistently supported more powers for national Parliaments when the Bill was going through this House. The procedure with regard to article 352 is an important new power.

I was, however, concerned that the former Lord Chancellor, the right hon. and learned Member for Rushcliffe (Mr Clarke), said last year in evidence to the European Scrutiny Committee that an Act of Parliament was not required to enact the decision on the Fundamental Rights Agency because it satisfied the exemption requirement under section 8(6)(a) of the 2011 Act. That was rightly questioned by the European Scrutiny Committee. In a letter to the Committee on 22 November, the Government stated that they had had second thoughts and that legislation would be brought forward after all. That is one point to the European Scrutiny Committee.

I find it strange, given the initial difference of opinion between the Government and the European Scrutiny Committee, that there is not even a passing reference in the explanatory notes to why the Government at first considered the decision to be exempt and then had a change of heart. Perhaps the Minister could tell the Committee what changed between the summer and winter of last year that prompted the Government to alter their position. Eventually, the European Scrutiny Committee cleared the document, but it stated that the Government’s uncertainty—I would say vacillation—had led to an inordinate delay.

Clause 1(2)(a) is about giving binding legal effect to the electronic version of the Official Journal, as only the printed version currently has such veracity. This may be called the libation clause. I say that because, as I mentioned on Second Reading, this paragraph is required, in part at least, because of a ruling by the European Court of Justice on a case concerning the importation of red dessert wine into the Czech Republic.

After being fined for breaking customs law, Skoma-Lux, the company that imported the dessert wine, brought an action in a Czech regional court in an attempt to cancel the fine. The company argued that the wine should not be classified as standard red wine and that the Act of accession for the new member states that joined in 2003 was not legally binding because it had not been published in Czech in the paper version of the Official Journal.

After expert examination by the customs technical laboratory in Prague, the wine was indeed reclassified because, unlike most wines, it was made from grape juice that had added sugar and corn spirit. It was said that that did not change the

“organoleptic characteristic of the beverage”

but did cause the wine to have a sweet taste that cannot be achieved by “standard wine production”. Because the regional court was not sure whether that could be discerned by customs officers, the issue was referred to the European Court of Justice. Sadly, I have been unable to find out the view of the European Court of Justice on that matter. Perhaps the Minister for Europe can help us.

Although that is unclear, what is clear is that the European Court of Justice made a number of unequivocal statements with regard to the other point that was brought before it, namely the availability of EU law in the paper form of the Official Journal. The Court ruled that “making the legislation available” on the internet

“does not equate to a valid publication in the Official Journal of the European Union in the absence of any rules in that regard in Community law”.

In the light of that ruling, the European Commission agreed to bring forward a proposal. Political agreement was achieved at the Justice and Home Affairs Council of March 2012. Undoubtedly, easy access to EU law makes for speed and is economic, and it would obviously be advantageous to have legal certainty.

Earlier I mentioned reservations in this House about the use of article 352, but it is worth noting that scrutiny reservations are not confined to this Parliament. I understand that other Parliaments, especially those in the Czech Republic and Germany, also had concerns about article 352 and the possibility of decisions being taken without a given treaty base. On the legal status of the online Official Journal, I understand that Germany entered a parliamentary scrutiny reserve and therefore the German Government were unable to confirm their agreement. Will the Minister confirm whether the situation in Germany has been clarified, and that there are no problems in other member states?

Votes for 16 and 17-year-olds

Debate between Wayne David and Christopher Chope

Tuesday 18th December 2012 Westminster Hall

[Wayne David]

For me, the bottom line is that, if a young person aged 16 can give full consent to medical treatment, leave school and enter work or training, pay income tax and national insurance, obtain tax credits and welfare benefits in their own right, consent to sexual relationships, get married or enter a civil partnership, change their name by deed poll—

[Mr Christopher Chope (in the Chair)]

Order. Interventions must be brief.

[Wayne David]

I am just coming to the end. They may also join the armed forces and become a company director. Surely, if all those things apply, logically, why should voting be exempt?

Parliamentary Voting System and Constituencies Bill

Debate between Wayne David and Christopher Chope

Wednesday 20th October 2010 Commons Chamber

[Mr Chope]

Absolutely, Ms Primarolo. I am sorry that I got slightly carried away, as a result of that intervention, in anticipating what might happen in the future.

I tabled my amendment for discussion because in the general election we promised that there would be 585 MPs, because we needed that number and it would reduce the costs of Parliament, but we are now proposing 600. That means that the costs will be reduced by less than they would have been had we opted for 585. Given what we have heard today, it appears that when the books were opened they were even worse than the worst fears of my right hon. Friends in the Government. Surely it is inconsistent with the spending decisions taken today to row back from a figure of 585 to one of 600. That gives credence to the charge made against the coalition Government that, although 600 is an arbitrary figure, it is not quite as arbitrary as we might be led to believe, because it is based on some private work that has been done suggesting that it might be to the advantage of the coalition partners, rather than the Labour party.

[Mr David]

The hon. Gentleman refers to “private work”. Would he like to elaborate on who might have undertaken it, because he makes a fascinating point?

[Mr Chope]

Ms Primarolo, you have already criticised me for speculating, and I am certainly not going to speculate. All I am saying is that, before this House gives approval to a reduction in the number of MPs to a fixed number of 600, the case needs to be made and we need something more than an assertion that it is an arbitrary figure, that it accords with the public mood and that it meets the needs of this House. None of those things has been established. Apart from anything else, even if I agreed with such a move, I would not support it unless I could see evidence of a pro rata reduction in the number of Ministers and the size of the Executive, and thereby not a dilution of this House’s ability to hold the Executive to account. That is my modest contribution, but I make it clear that I intend to seek re-election in the next Parliament, be there 600 or 585 constituencies, or the current number.