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23 Jan 2003 : Column 489—continued

Mr. Leslie: Thank goodness the Conservatives objected to the programme motion. They clearly wanted to spend much more time debating the main issues. It is a shame that only two of their Back Benchers are in the Chamber. Perhaps they will flood in later for other groups of amendments.

The Conservatives are using new clause 2 to introduce the right for 5 per cent. of the electorate to sign a petition to requisition a further referendum on the establishment of an assembly once it is up and running. That would be a recipe for uncertainty and extremely disruptive to the operation of an assembly. Elected regional assemblies will be strategic and focus on the long term so they need certainty. What would happen if such a petition was successful, a further referendum was requisitioned and people voted to abolish the assembly? New clause 2 gives no idea of who would take on the assembly's responsibilities. Would they return to Whitehall?

Mr. Hammond: The reason for that is that nowhere in the Bill is there anything about what the assembly's responsibilities might be. The Government are inviting people to vote blind in a referendum for elected regional assemblies. We will have to wait a long time before we see the legislation that sets out their powers.

Mr. Leslie: Well, goodness gracious me, if the hon. Gentleman has not noticed the voluminous White Paper "Your Region, Your Choice", which describes in great detail the roles, functions and activities of elected regional assemblies, he may need to do a bit more research.

A 5 per cent. threshold to trigger a further referendum would be unprecedented in our constitution. No other body has a 5 per cent. threshold for a re-ballot. My hon. Friend the Member for South Dorset (Jim Knight) asked the interesting question of whether the Conservatives would apply it to the Greater London Authority. The same could be said of the Scottish Parliament and the Welsh Assembly. [Interruption.] The Conservatives, including one of their Front-Bench spokesmen, the hon. Member for New Forest, West (Mr. Swayne), who is temporarily on the Back Benches, suggested that that was not within the Bill's scope, but I think that they were frightened to answer the question. If they believe that people should be able to challenge a decision to devolve powers and create an assembly or Parliament as a right, they should say whether that would apply to all parts of our country. I am surprised that they could not face up to that.

A 5 per cent. minority being able persistently, vexaciously and repetitiously to frustrate the settled will of the majority of people in a region would be not only a distraction but extremely costly and wasteful. There would be the costs of the referendums and of demolishing an elected regional assembly once it had been set up.

23 Jan 2003 : Column 490

3.30 pm

Mr. Andrew Turner: The Minister suggests that a 5 per cent. minority is unsuitable to cause a recalled referendum. What level of interest does he regard suitable to cause an initial referendum?

Mr. Leslie: That is also set out in the White Paper. We are trying to give people the opportunity to make a choice. We are not talking about the establishment of an assembly, but simply about whether there should be a referendum to establish one. The hon. Gentleman opposes giving people a choice and letting them express their will in a referendum.

It is most unfortunate, but it is important to say that I agree with the suggestion of the hon. Member for Kingston and Surbiton (Mr. Davey) that the electorate have the perfect capacity to elect people to run these assemblies and then say what those assemblies should be doing. The new clause is not necessary because people would have every opportunity both to consider the merits of an assembly in the initial referendum and to shape that assembly every four years in elections to it.

Mr. Davey: Will it be the Government's intention when they introduce a Bill on the powers and functions of regional assemblies to create a constitution for them to allow an elected party to such an assembly to dissolve it?

Mr. Leslie: Obviously, we shall have to look at that nearer the time, but I imagine that most Members would accept that Parliament is perfectly capable of making a judgment on the continuity issues of any assembly. I believe that that deals adequately with the point raised by hon. Members who want to consider the question of dissolving an assembly.

Mr. Hammond: I do not want to fight the battles of the hon. Member for Kingston and Surbiton (Mr. Davey) for him, but this is an important point because it drives a coach and horses through what the Minister is saying. Will an elected regional assembly have the power to dissolve itself or not?

Mr. Leslie: Parliament decides to set up devolved authorities and assemblies, so that will be a matter for Parliament.

I am curious about the Conservatives' claim that once an elected regional assembly is established, voters should have the opportunity to change their minds whenever they want. However, amendment No. 12 would deny voters in a region without an assembly the chance to change their minds for 10 years. They want to impose a minimum 10-year gap from the date of a no vote to when any subsequent referendum can be held in the same region. That is completely inconsistent and unfair.

Mr. Hammond: If the Minister is prepared to agree on behalf of the Government to accept the 10-year

23 Jan 2003 : Column 491

provision in clause 5, I would certainly be willing to withdraw new clause 2 and retable it in the Lords to include a 10-year lockout.

Mr. Leslie: The hon. Gentleman brings me to my next point: precisely why a 10-year gap is wrong and why we oppose the measure.

Mr. Swayne: Tease!

Mr. Leslie: I should like to tease the hon. Gentleman over what he said in Committee. It was interesting that he argued for a 20-year gap, saying that he wanted to distance himself from the CBI suggestion of a 10-year gap. He said:


When asked by my hon. Friend the Member for North Durham (Mr. Jones) whether he actively disagreed with the CBI, the hon. Gentleman said:


and he repeated that today.

The hon. Member for Runnymede and Weybridge (Mr. Hammond) did not weigh in to support his hon. Friend, as he did in Committee, when he said:


The fact that the Conservatives have changed their mind and accepted the 10-year gap in the space of just one month proves my point. People can change their minds in less than 10 or 20 years. The Government's five-year interval strikes the right balance between a reasonable opportunity for people to change their minds and the avoidance of uncertainty and the repeat costs of a referendum. A five-year gap is a minimum—the exact period will depend on the soundings of opinion taken by the Secretary of State—and there is not a requirement to hold referendums in a five-year cycle. The Government have not plucked that five-year figure from the air. As Members will know, five years is the maximum interval between general elections and is also the standard interval for European parliamentary elections. I believe that five years is the right interval. I hope that Opposition Members will not persist with their new clause and amendment and I urge them to withdraw them.

Mr. Hammond: The Minister is skating on extremely thin ice. In the space of about two minutes, he said that people can change their minds and should have the opportunity of repeat referendums within a period of no more than five years to try to create an elected regional assembly, but then set his face firmly against the idea that, having voted for elected regional assemblies, people may change their mind and wish to do away with them. In response to a question from the hon. Member for Kingston and Surbiton (Mr. Davey), he made it clear that elected regional assemblies will not have, as the hon. Gentleman would like, the power to abolish themselves. Electors electing those assemblies will not

23 Jan 2003 : Column 492

have the UK Independence party option referred to earlier of electing members committed to the abolition of the assembly.

The Minister's position is therefore inconsistent. He put administrative convenience above democracy and displayed breathtaking arrogance, as he said that it is all right for Ministers to have the disruptive power to impose referendum after referendum until they achieve their objective, then a ratchet operates and things can never go back to the way they were before. However, he said that it is not all right for the people the have the power through democratic action to call a referendum and reconsider a decision. I urge my right hon. and hon. Friends and, I hope, all other right-minded, right-thinking Members to support me in pressing the new clause to a division.

Question put, That the clause be read a Second time:—

The House divided: Ayes 121, Noes 342.

Division No. 61
[3:37 pm


AYES


Ainsworth, Peter (E Surrey)
Amess, David
Atkinson, David (Bour'mth E)
Atkinson, Peter (Hexham)
Bacon, Richard
Barker, Gregory
Baron, John (Billericay)
Bercow, John
Beresford, Sir Paul
Boswell, Tim
Bottomley, Peter (Worthing W)
Brady, Graham
Brazier, Julian
Browning, Mrs Angela
Burns, Simon
Burnside, David
Burt, Alistair
Cameron, David
Cash, William
Chapman, Sir Sydney (Chipping Barnet)
Chope, Christopher
Clappison, James
Clifton-Brown, Geoffrey
Collins, Tim
Conway, Derek
Cormack, Sir Patrick
Cran, James (Beverley)
Curry, rh David
Davis, rh David (Haltemprice & Howden)
Djanogly, Jonathan
Duncan, Alan (Rutland)
Evans, Nigel
Fabricant, Michael
Fallon, Michael
Field, Mark (Cities of London & Westminster)
Flook, Adrian
Forth, rh Eric
Francois, Mark
Gale, Roger (N Thanet)
Garnier, Edward
Gillan, Mrs Cheryl
Goodman, Paul
Gray, James (N Wilts)
Grayling, Chris
Green, Damian (Ashford)
Greenway, John
Grieve, Dominic
Hammond, Philip
Hawkins, Nick
Heald, Oliver
Hendry, Charles
Hermon, Lady
Hoban, Mark (Fareham)
Hogg, rh Douglas
Horam, John (Orpington)
Howard, rh Michael
Howarth, Gerald (Aldershot)
Jack, rh Michael
Jenkin, Bernard
Kirkbride, Miss Julie
Knight, rh Greg (E Yorkshire)
Laing, Mrs Eleanor
Lait, Mrs Jacqui
Lansley, Andrew
Lewis, Dr. Julian (New Forest E)
Liddell-Grainger, Ian
Lidington, David
Lilley, rh Peter
Loughton, Tim
Luff, Peter (M-Worcs)
McIntosh, Miss Anne
Mackay, rh Andrew
McLoughlin, Patrick
Malins, Humfrey
Maples, John
Maude, rh Francis
May, Mrs Theresa
Mitchell, Andrew (Sutton Coldfield)
Moss, Malcolm
Murrison, Dr. Andrew
Norman, Archie
O'Brien, Stephen (Eddisbury)
Ottaway, Richard
Page, Richard
Paice, James
Paterson, Owen
Pickles, Eric
Prisk, Mark (Hertford)
Redwood, rh John
Robathan, Andrew
Robertson, Hugh (Faversham & M-Kent)
Roe, Mrs Marion
Rosindell, Andrew
Ruffley, David
Sayeed, Jonathan
Shephard, rh Mrs Gillian
Shepherd, Richard
Simmonds, Mark
Smyth, Rev. Martin (Belfast S)
Spicer, Sir Michael
Spink, Bob (Castle Point)
Spring, Richard
Stanley, rh Sir John
Streeter, Gary
Swayne, Desmond
Swire, Hugo (E Devon)
Syms, Robert
Taylor, Ian (Esher)
Taylor, John (Solihull)
Taylor, Sir Teddy
Tredinnick, David
Turner, Andrew (Isle of Wight)
Tyrie, Andrew
Viggers, Peter
Walter, Robert
Whittingdale, John
Wiggin, Bill
Wilkinson, John
Wilshire, David
Winterton, Sir Nicholas (Macclesfield)
Young, rh Sir George

Tellers for the Ayes:


Angela Watkinson and
Mr. Laurence Robertson


NOES


Abbott, Ms Diane
Adams, Irene (Paisley N)
Ainger, Nick
Ainsworth, Bob (Cov'try NE)
Alexander, Douglas
Allan, Richard
Anderson, rh Donald (Swansea E)
Armstrong, rh Ms Hilary
Atherton, Ms Candy
Atkins, Charlotte
Austin, John
Banks, Tony
Barnes, Harry
Barrett, John
Beard, Nigel
Beckett, rh Margaret
Begg, Miss Anne
Bell, Stuart
Benn, Hilary
Bennett, Andrew
Best, Harold
Blackman, Liz
Blears, Ms Hazel
Borrow, David
Bradley, Peter (The Wrekin)
Bradshaw, Ben
Brake, Tom (Carshalton)
Brennan, Kevin
Brooke, Mrs Annette L.
Brown, rh Nicholas (Newcastle E Wallsend)
Brown, Russell (Dumfries)
Browne, Desmond
Bruce, Malcolm
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burgon, Colin
Burnett, John
Burstow, Paul
Byers, rh Stephen
Cable, Dr. Vincent
Caborn, rh Richard
Cairns, David
Calton, Mrs Patsy
Campbell, Alan (Tynemouth)
Campbell, Mrs Anne (C'bridge)
Campbell, Ronnie (Blyth V)
Caplin, Ivor
Casale, Roger
Caton, Martin
Cawsey, Ian (Brigg)
Challen, Colin
Chapman, Ben (Wirral S)
Chaytor, David
Clapham, Michael
Clark, Mrs Helen (Peterborough)
Clark, Paul (Gillingham)
Clarke, rh Charles (Norwich S)
Clarke, rh Tom (Coatbridge & Chryston)
Clarke, Tony (Northampton S)
Clelland, David
Clwyd, Ann (Cynon V)
Coaker, Vernon
Coffey, Ms Ann
Cohen, Harry
Coleman, Iain
Colman, Tony
Connarty, Michael
Cooper, Yvette
Corston, Jean
Cousins, Jim
Cranston, hon. Ross
Cruddas, Jon
Cryer, Ann (Keighley)
Cryer, John (Hornchurch)
Cunningham, Jim (Coventry S)
Cunningham, Tony (Workington)
Davey, Edward (Kingston)
Davey, Valerie (Bristol W)
David, Wayne
Davidson, Ian
Davis, rh Terry (B'ham Hodge H)
Dawson, Hilton
Dean, Mrs Janet
Denham, rh John
Dhanda, Parmjit
Dismore, Andrew
Dobbin, Jim (Heywood)
Dobson, rh Frank
Donohoe, Brian H.
Doran, Frank
Dowd, Jim (Lewisham W)
Drew, David (Stroud)
Drown, Ms Julia
Eagle, Angela (Wallasey)
Eagle, Maria (L'pool Garston)
Edwards, Huw
Efford, Clive
Ellman, Mrs Louise
Ennis, Jeff (Barnsley E)
Etherington, Bill
Farrelly, Paul
Field, rh Frank (Birkenhead)
Fisher, Mark
Flint, Caroline
Follett, Barbara
Foster, rh Derek
Foster, Don (Bath)
Foster, Michael (Worcester)
Foster, Michael Jabez (Hastings & Rye)
Foulkes, rh George
Francis, Dr. Hywel
Galloway, George
Gapes, Mike (Ilford S)
Gardiner, Barry
George, Andrew (St. Ives)
Gerrard, Neil
Gibson, Dr. Ian
Gidley, Sandra
Gilroy, Linda
Godsiff, Roger
Goggins, Paul
Green, Matthew (Ludlow)
Griffiths, Jane (Reading E)
Griffiths, Win (Bridgend)
Grogan, John
Hall, Mike (Weaver Vale)
Hall, Patrick (Bedford)
Hamilton, David (Midlothian)
Hancock, Mike
Hanson, David
Harman, rh Ms Harriet
Harris, Dr. Evan (Oxford W & Abingdon)
Harris, Tom (Glasgow Cathcart)
Havard, Dai (Merthyr Tydfil & Rhymney)
Healey, John
Heath, David
Henderson, Ivan (Harwich)
Hendrick, Mark
Hepburn, Stephen
Heppell, John
Heyes, David
Hill, Keith (Streatham)
Hinchliffe, David
Hodge, Margaret
Hoey, Kate (Vauxhall)
Holmes, Paul
Hope, Phil (Corby)
Hopkins, Kelvin
Howells, Dr. Kim
Hoyle, Lindsay
Hughes, Kevin (Doncaster N)
Hughes, Simon (Southwark N)
Hurst, Alan (Braintree)
Hutton, rh John
Iddon, Dr. Brian
Illsley, Eric
Irranca-Davies, Huw
Jackson, Glenda (Hampstead & Highgate)
Jackson, Helen (Hillsborough)
Jamieson, David
Jenkins, Brian
Johnson, Alan (Hull W)
Jones, Helen (Warrington N)
Jones, Jon Owen (Cardiff C)
Jones, Kevan (N Durham)
Jones, Lynne (Selly Oak)
Jones, Martyn (Clwyd S)
Joyce, Eric (Falkirk W)
Kaufman, rh Gerald
Keen, Alan (Feltham)
Keen, Ann (Brentford)
Keetch, Paul
Kelly, Ruth (Bolton W)
Kemp, Fraser
Kennedy, rh Charles (Ross Skye & Inverness)
Kidney, David
Kilfoyle, Peter
King, Ms Oona (Bethnal Green & Bow)
Knight, Jim (S Dorset)
Ladyman, Dr. Stephen
Lamb, Norman
Laws, David (Yeovil)
Laxton, Bob (Derby N)
Lazarowicz, Mark
Lepper, David
Leslie, Christopher
Levitt, Tom (High Peak)
Lewis, Ivan (Bury S)
Liddell, rh Mrs Helen
Linton, Martin
Lloyd, Tony (Manchester C)
Llwyd, Elfyn
Love, Andrew
Lucas, Ian (Wrexham)
McAvoy, Thomas
McCabe, Stephen
McCafferty, Chris
McCartney, rh Ian
McDonagh, Siobhain
McDonnell, John
MacDougall, John
McGuire, Mrs Anne
McIsaac, Shona
McKechin, Ann
McKenna, Rosemary
Mackinlay, Andrew
McNamara, Kevin
McNulty, Tony
Mactaggart, Fiona
McWalter, Tony
McWilliam, John
Mallaber, Judy
Mandelson, rh Peter
Mann, John (Bassetlaw)
Marris, Rob (Wolverh'ton SW)
Marsden, Gordon (Blackpool S)
Marshall, David (Glasgow Shettleston)
Marshall, Jim (Leicester S)
Martlew, Eric
Meale, Alan (Mansfield)
Merron, Gillian
Michael, rh Alun
Miller, Andrew
Moffatt, Laura
Moore, Michael
Moran, Margaret
Morgan, Julie
Morris, rh Estelle
Mullin, Chris
Murphy, Denis (Wansbeck)
Murphy, Jim (Eastwood)
Naysmith, Dr. Doug
Norris, Dan (Wansdyke)
O'Brien, Bill (Normanton)
O'Hara, Edward
Olner, Bill
O'Neill, Martin
Öpik, Lembit
Organ, Diana
Osborne, Sandra (Ayr)
Owen, Albert
Palmer, Dr. Nick
Perham, Linda
Picking, Anne
Pickthall, Colin
Pike, Peter (Burnley)
Plaskitt, James
Pollard, Kerry
Pond, Chris (Gravesham)
Pound, Stephen
Prentice, Ms Bridget (Lewisham E)
Prentice, Gordon (Pendle)
Price, Adam (E Carmarthen & Dinefwr)
Prosser, Gwyn
Pugh, Dr. John
Purchase, Ken
Quin, rh Joyce
Quinn, Lawrie
Rammell, Bill
Rapson, Syd (Portsmouth N)
Raynsford, rh Nick
Reed, Andy (Loughborough)
Reid, rh Dr. John (Hamilton N & Bellshill)
Rendel, David
Robertson, John (Glasgow Anniesland)
Rooney, Terry
Ross, Ernie (Dundee W)
Roy, Frank (Motherwell)
Ruddock, Joan
Russell, Bob (Colchester)
Russell, Ms Christine (City of Chester)
Ryan, Joan (Enfield N)
Salter, Martin
Sanders, Adrian
Sarwar, Mohammad
Savidge, Malcolm
Sawford, Phil
Sedgemore, Brian
Shaw, Jonathan
Sheerman, Barry
Sheridan, Jim
Shipley, Ms Debra
Simon, Siôn (B'ham Erdington)
Simpson, Alan (Nottingham S)
Singh, Marsha
Skinner, Dennis
Smith, rh Andrew (Oxford E)
Smith, rh Chris (Islington S & Finsbury)
Smith, Jacqui (Redditch)
Smith, John (Glamorgan)
Smith, Llew (Blaenau Gwent)
Smith, Sir Robert (W Ab'd'ns & Kincardine)
Soley, Clive
Southworth, Helen
Spellar, rh John
Squire, Rachel
Starkey, Dr. Phyllis
Steinberg, Gerry
Stevenson, George
Stewart, Ian (Eccles)
Stinchcombe, Paul
Stoate, Dr. Howard
Stringer, Graham
Stunell, Andrew
Sutcliffe, Gerry
Tami, Mark (Alyn)
Taylor, Dari (Stockton S)
Taylor, David (NW Leics)
Thomas, Gareth (Clwyd W)
Thomas, Gareth (Harrow W)
Thomas, Simon (Ceredigion)
Thurso, John
Timms, Stephen
Tipping, Paddy
Touhig, Don (Islwyn)
Trickett, Jon
Turner, Dennis (Wolverh'ton SE)
Turner, Dr. Desmond (Brighton Kemptown)
Turner, Neil (Wigan)
Twigg, Derek (Halton)
Twigg, Stephen (Enfield)
Tynan, Bill (Hamilton S)
Vis, Dr. Rudi
Walley, Ms Joan
Ward, Claire
Wareing, Robert N.
Watson, Tom (W Bromwich E)
Watts, David
White, Brian
Whitehead, Dr. Alan
Williams, Betty (Conwy)
Williams, Roger (Brecon)
Willis, Phil
Wills, Michael
Winterton, Ms Rosie (Doncaster C)
Wood, Mike (Batley)
Wright, Anthony D. (Gt Yarmouth)
Wright, David (Telford)
Wright, Tony (Cannock)
Wyatt, Derek
Younger-Ross, Richard

Tellers for the Noes:


Jim Fitzpatrick and
Mr. Phil Woolas

Question accordingly negatived.

23 Jan 2003 : Column 495

New Clause 3

Pre-Referendum


'(1) Subject to subsection (3), the Secretary of State may by order cause a referendum to be held throughout England about the establishment of elected regional assemblies and the reorganisation of local government within regions with elected assemblies.
(2) The date of the referendum must be specified in the order.
(3) No order under subsection (1) may be made unless a draft order under subsection (1)(a) of section (Regional Boundaries) has been published.
(4) The questions to be asked in a referendum held in pursuance of an order under subsection (1) are—
"(1) Do you support the proposals for the creation of regions in England, as proposed by the Secretary of State and the subsequent holding of regional referendums in regions where sufficient levels of interest exist, about the creation of elected regional assemblies?
(2) Do you support the idea of reorganising local government in areas that currently have both county and district or borough councils into single tier unitary authorities if an elected regional assembly is created?".

23 Jan 2003 : Column 496


(5) The questions must be preceded by a statement from the Electoral Commission, setting out any information it believes requisite for the proper understanding by persons entitled to vote of the questions.
(6) Sections 3 and 4 of this Act shall apply, mutatis mutandis, to a referendum held pursuant to subsection (1).'.—[Mr. Hammond.]

Brought up, and read the First time.


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