European Union Bill — Committee (1st Day) (Continued)

Part of the debate – in the House of Lords at 9:30 pm on 5 April 2011.

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Photo of Lord Grenfell Lord Grenfell Labour 9:30, 5 April 2011

I apologise for not hearing all the introduction of the noble Lord, Lord Williamson. I was searching for Sir Patrick Nairne's commission's report on referendums issued 15 years ago. I found what I wanted; it is on the subject of thresholds. He said:

"The main difficulty in specifying a threshold lies in determining what figure is sufficient to confer legitimacy e.g. 60%, 65% or 75%".

Forty per cent is modest to the point of indulgence. I cannot understand why anyone who is considering Amendment 6 would think that a threshold of 40 per cent of those entitled to vote was more than they could bear. It seems a big concession. Sir Patrick said in a footnote:

"A turnout threshold may make extraneous factors, such as the weather on polling day, more important".

I have always been very suspicious of people who start talking about the weather in relation to polling, because it can work both ways. If it is pouring with rain, people tend to stay at home; if it is a beautiful, sunny and warm day, they can find external activities more interesting than going to a polling station. That theory does not work well.

My second point is that the Government cannot have it both ways. If you want to resort to a simple plurality in a referendum, you should bear in mind that the general sentiment in Parliament, and perhaps outside, is that major constitutional change should be the result of something more than a simple plurality. The obverse of that is that matters subject to a simple plurality cannot be quite so important. The Government cannot have it both ways. If they resort to a simple plurality, it suggests that they would consider the subject of a mandatory referendum as being of high constitutional importance. If it is not deemed to be of high constitutional importance, why is there the need for a mandatory referendum?

I am against referendums in general, but the idea of having a simple plurality for something that the Government do not consider to be of high constitutional importance is, quite honestly, unacceptable.