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Mr. Francois: My hon. Friend is entirely right. In days of yore, there used to be an offence of breach of promise, and the Government are most definitely guilty of that now.
Mr. Cash: My hon. Friend will recall that on 20 June, the deceitful manner in which this process has been conducted was initiated by the revelation of the mandate, which is described as binding on all the member states. Furthermore, that mandate, as we shall discuss later, translates the word “Community” into the word “Union”, provides a single legal personality, and replaces and succeeds the Community. What is happening during all of these proceedings is happening against the background of a binding mandate that is being imposed on this House, which is why the Government are behaving in the way that they are.
Mr. Francois: Again, my hon. Friend is entirely right, and I suspect that he will return to that point briefly later.
Ms Gisela Stuart: The hon. Gentleman may be making a powerful case, but it is also a completely pointless case. Unaccustomed as I am to being helpful to those on my Front Bench during these debates, if I consider the amendments that have been tabled during the limited time we have had, I find that the Opposition have not come up with any ideas, other than, “I don’t like what’s in the treaty”. He should be a bit more positive in the next couple of days.
Mr. Francois: The hon. Lady is of course entitled to her view, but if we had had an opportunity to debate a number of those amendments, powerful cases would have been made. Because of the way in which the debate was structured, it was not possible to do so.
The Government’s whole case against a referendum is based on the alternative of detailed parliamentary scrutiny. We have not had detailed parliamentary scrutiny. The Government do not deserve to get away with this, and on Wednesday, hon. and right hon. Members will have a vital opportunity to prevent them from doing so. I shall end, as I have taken quite a lot of interventions, with an editorial from The Times today, which is entitled “Let The People Speak”. It says:
“Institutional subterfuge, such as that in which the Government has engaged, will do great harm to the reputation of Parliament, will increase the contempt felt for the EU by much of the electorate and make a mockery of the ‘new’, more inclusive, politics which the Prime Minister insists that he favours.”
We agree. We say that these debates have been rigged from start to finish for the Government’s convenience. We say, “Let the people decide”.
4.12 pm
Mrs. Gwyneth Dunwoody (Crewe and Nantwich) (Lab): I shall speak very briefly. We should be quite clear about what is happening here. This legislation is being guillotined, not programmed. It is being cut short in a most brutal and unhelpful manner. Presumably, that is happening because we are frightened of debating in this Chamber every massive change to the way in which we organise our affairs. The House of Commons has always been jealous of its command of powers over the Government and of the way in which it proceeds through legislation.
What we are debating has enormously far-ranging implications, and because of the way in which the process has been managed, we are unable to discuss whole fields of affairs that are of enormous importance to our people. For instance, transport is not even mentioned under the arrangements for this so-called programme. The Government are foolish and unwise; they ought to have handled this matter better.
The thing that depresses me most is that neither the Front Benchers of the official Opposition, nor the unofficial hangers-on, have made the slightest attempt to wreck this legislation in the way that they should, or have been prepared to, despite the artificial noise. Until we do so, we are failing those who sent us here.
4.13 pm
Mr. Edward Davey (Kingston and Surbiton) (LD): I do not often agree with the hon. Member for Rayleigh (Mr. Francois), or the hon. Member for Crewe and Nantwich (Mrs. Dunwoody), but I agree with their opposition to this motion. We disagreed with the original business motion because, as others have said, it curtailed time for this House, and we do not like the Government’s overall approach. As the hon. Member for Rayleigh said, it is wrong that we have not had proper time to debate common defence and security policy. Many trenchant views are held in the House on that and it is wrong that we cannot debate it. Other matters, too, have had scant attention.
I say to the hon. Member for Crewe and Nantwich that we were not consulted on the business motion. My only discussions—formally and informally—with the Government have been to ask for more time.
Mr. Kenneth Clarke: I have long believed that, if we are to have timetabling, which apparently now applies to all Bills, it should essentially be for the Opposition parties to decide how best to use the time on the matters that most concern them. Does the hon. Gentleman agree that, if the Government had said to his Front Benchers and to my hon. Friend the Member for Rayleigh (Mr. Francois) that there were three days in which to cover the clauses that we are considering, and had allocated three generous timetables, the Conservatives, the Liberal Democrats and the nationalist parties could have reached agreement on how to divide them so that the most important amendments, in the opinion of critics, would take up our time? Instead, we have the Government’s best offer of what seems to them to be most convenient and right in dividing up the available time.
Mr. Davey: I strongly agree with the right hon. and learned Gentleman. We often go through a charade and pretend that the House controls the Government when the Government railroad matters through. We should change the rules to allow the Opposition parties a much greater say. Perhaps we should consider other legislatures, which have business committees and do things differently—in my view, more democratically.
I made the point to the Minister that we should have extra time—at least an extra day—to debate especially common defence and security policy. If he has a chance to answer the debate, I hope that he will explain why he has been unable to provide that. Not doing so is wrong and undermines the process. As someone who is
pro-European and supports the Lisbon treaty, I stress that such actions do not help the Government’s case. That is why they are misguided, and really should withdraw the motion and start again.
4.16 pm
Mr. Peter Lilley (Hitchin and Harpenden) (Con): I shall be brief. In compensation for breaking a solemn manifesto pledge to hold a referendum, the Government—the Prime Minister himself—promised that the House would be given an opportunity to debate in Committee, line by line, the provisions of the Lisbon treaty, which effectively incorporates the constitutional treaty on which they promised us a referendum. We have not had that line-by-line consideration. The House has not had—and will not have, if the Government motion is passed—the opportunity to debate a single line of the numerous and important clauses in the treaty that affect immigration, asylum and border control, to consider a single amendment or to take a single vote. In other words, the Prime Minister will break a second promise if the business motion is passed. I find that disgraceful.
I find it appalling that a Minister who is personally so charming and agreeable can be party to such a duplicitous attempt to prevent the House from having what it was promised.
4.18 pm
Mr. John Gummer (Suffolk, Coastal) (Con): The Government must think again. There is no doubt that there is much in the Lisbon treaty to debate; there is no doubt that we have not debated it; and there is also no doubt that Oppositions always make that claim, but on this occasion the claim has very serious truth in it.
The Government promised us line-by-line scrutiny but they have not given us the same length of time as the previous Conservative Government gave the debate on Maastricht. They have made debate difficult with their novel procedure and they have wrongly accused my hon. Friend the Member for Rayleigh (Mr. Francois) of going along with that procedure when he manifestly did not. They have upset their own supporters, who see that the motion is utterly unfair, and have made Conservative Members who believe in the treaty of Lisbon extremely angry about the process that they have introduced. I hope very much that they will withdraw the motion.
4.19 pm
Mr. David Drew (Stroud) (Lab/Co-op): Views on the EU and the Lisbon treaty transcend the party political spectrum. There are a number of amendments tabled in my name and those of my hon. Friends who wish to discuss the implications for public services. We hope that the Chairman of Ways and Means will look on them preferentially, but it seems very unfair that our debate is again being shoehorned into a very short time. There is also the issue of the referendum. As I said in my earlier intervention, we are now, in effect, discussing two referendums. Again, it would be only right and proper—
It being forty-five minutes after commencement of proceedings on the motion, Mr. Deputy Speaker put forthwith the Question, pursuant to Order [28 January].
The House divided: Ayes 276, Noes 198.
AYES
Ainger, Nick
Ainsworth, rh Mr. Bob
Alexander, rh Mr. Douglas
Allen, Mr. Graham
Anderson, Mr. David
Armstrong, rh Hilary
Atkins, Charlotte
Bailey, Mr. Adrian
Baird, Vera
Balls, rh Ed
Banks, Gordon
Barlow, Ms Celia
Bayley, Hugh
Beckett, rh Margaret
Begg, Miss Anne
Benton, Mr. Joe
Berry, Roger
Blackman, Liz
Blackman-Woods, Dr. Roberta
Blears, rh Hazel
Blizzard, Mr. Bob
Blunkett, rh Mr. David
Borrow, Mr. David S.
Bradshaw, Mr. Ben
Brennan, Kevin
Brown, Lyn
Brown, Mr. Russell
Browne, rh Des
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burgon, Colin
Burnham, rh Andy
Byers, rh Mr. Stephen
Byrne, Mr. Liam
Caborn, rh Mr. Richard
Cairns, David
Campbell, Mr. Alan
Campbell, Mr. Ronnie
Caton, Mr. Martin
Challen, Colin
Chapman, Ben
Chaytor, Mr. David
Clapham, Mr. Michael
Clark, Ms Katy
Clark, Paul
Clarke, rh Mr. Charles
Clarke, rh Mr. Tom
Clelland, Mr. David
Clwyd, rh Ann
Coaker, Mr. Vernon
Coffey, Ann
Cohen, Harry
Cook, Frank
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Cousins, Jim
Cruddas, Jon
Cryer, Mrs. Ann
Cummings, John
Cunningham, Mr. Jim
Cunningham, Tony
Davidson, Mr. Ian
Davies, Mr. Quentin
Dean, Mrs. Janet
Denham, rh Mr. John
Devine, Mr. Jim
Dhanda, Mr. Parmjit
Dismore, Mr. Andrew
Dobbin, Jim
Dobson, rh Frank
Donohoe, Mr. Brian H.
Doran, Mr. Frank
Dowd, Jim
Durkan, Mark
Eagle, Angela
Eagle, Maria
Efford, Clive
Ellman, Mrs. Louise
Ennis, Jeff
Fisher, Mark
Fitzpatrick, Jim
Flello, Mr. Robert
Flint, rh Caroline
Follett, Barbara
Foster, Mr. Michael (Worcester)
Foster, Michael Jabez (Hastings and Rye)
Francis, Dr. Hywel
Gapes, Mike
Gardiner, Barry
George, rh Mr. Bruce
Gibson, Dr. Ian
Gilroy, Linda
Goodman, Helen
Griffith, Nia
Griffiths, Nigel
Grogan, Mr. John
Gwynne, Andrew
Hain, rh Mr. Peter
Hall, Mr. Mike
Hall, Patrick
Hamilton, Mr. David
Hanson, rh Mr. David
Harman, rh Ms Harriet
Harris, Mr. Tom
Healey, John
Hendrick, Mr. Mark
Hepburn, Mr. Stephen
Heppell, Mr. John
Hesford, Stephen
Hewitt, rh Ms Patricia
Heyes, David
Hill, rh Keith
Hillier, Meg
Hodge, rh Margaret
Hodgson, Mrs. Sharon
Hood, Mr. Jim
Hoon, rh Mr. Geoffrey
Howells, Dr. Kim
Hoyle, Mr. Lindsay
Hughes, rh Beverley
Humble, Mrs. Joan
Hutton, rh Mr. John
Iddon, Dr. Brian
Irranca-Davies, Huw
James, Mrs. Siân C.
Jenkins, Mr. Brian
Johnson, rh Alan
Johnson, Ms Diana R.
Jones, Helen
Jones, Mr. Kevan
Jones, Mr. Martyn
Jowell, rh Tessa
Joyce, Mr. Eric
Kaufman, rh Sir Gerald
Keeble, Ms Sally
Keeley, Barbara
Keen, Alan
Keen, Ann
Kelly, rh Ruth
Kemp, Mr. Fraser
Kennedy, rh Jane
Khan, Mr. Sadiq
Kidney, Mr. David
Knight, Jim
Kumar, Dr. Ashok
Ladyman, Dr. Stephen
Laxton, Mr. Bob
Levitt, Tom
Lewis, Mr. Ivan
Linton, Martin
Lloyd, Tony
Love, Mr. Andrew
Lucas, Ian
Mackinlay, Andrew
MacShane, rh Mr. Denis
Mactaggart, Fiona
Mallaber, Judy
Mann, John
Marris, Rob
Marsden, Mr. Gordon
Marshall, Mr. David
Marshall-Andrews, Mr. Robert
Martlew, Mr. Eric
McAvoy, rh Mr. Thomas
McCabe, Steve
McCafferty, Chris
McCarthy, Kerry
McCarthy-Fry, Sarah
McFadden, Mr. Pat
McFall, rh John
McGovern, Mr. Jim
McGuire, Mrs. Anne
McIsaac, Shona
McKechin, Ann
McKenna, Rosemary
McNulty, rh Mr. Tony
Meacher, rh Mr. Michael
Merron, Gillian
Michael, rh Alun
Milburn, rh Mr. Alan
Miliband, rh David
Miliband, rh Edward
Miller, Andrew
Moffatt, Laura
Mole, Chris
Moon, Mrs. Madeleine
Moran, Margaret
Morden, Jessica
Morgan, Julie
Morley, rh Mr. Elliot
Mullin, Mr. Chris
Murphy, Mr. Denis
Murphy, Mr. Jim
Murphy, rh Mr. Paul
Naysmith, Dr. Doug
Norris, Dan
O'Brien, Mr. Mike
Olner, Mr. Bill
Osborne, Sandra
Pearson, Ian
Plaskitt, Mr. James
Pope, Mr. Greg
Pound, Stephen
Prentice, Bridget
Prentice, Mr. Gordon
Prescott, rh Mr. John
Primarolo, rh Dawn
Prosser, Gwyn
Purchase, Mr. Ken
Purnell, rh James
Raynsford, rh Mr. Nick
Reed, Mr. Andy
Riordan, Mrs. Linda
Robertson, John
Robinson, Mr. Geoffrey
Rooney, Mr. Terry
Roy, Mr. Frank
Ruane, Chris
Ruddock, Joan
Russell, Christine
Ryan, rh Joan
Salter, Martin
Seabeck, Alison
Sharma, Mr. Virendra
Shaw, Jonathan
Sheerman, Mr. Barry
Sheridan, Jim
Simon, Mr. Siôn
Singh, Mr. Marsha
Skinner, Mr. Dennis
Slaughter, Mr. Andy
Smith, rh Mr. Andrew
Smith, Ms Angela C. (Sheffield, Hillsborough)
Smith, Angela E. (Basildon)
Smith, Geraldine
Smith, rh Jacqui
Smith, John
Snelgrove, Anne
Spellar, rh Mr. John
Strang, rh Dr. Gavin
Straw, rh Mr. Jack
Stuart, Ms Gisela
Sutcliffe, Mr. Gerry
Taylor, Ms Dari
Taylor, David
Thomas, Mr. Gareth
Timms, rh Mr. Stephen
Tipping, Paddy
Todd, Mr. Mark
Touhig, rh Mr. Don
Trickett, Jon
Truswell, Mr. Paul
Turner, Mr. Neil
Twigg, Derek
Vaz, rh Keith
Vis, Dr. Rudi
Walley, Joan
Waltho, Lynda
Wareing, Mr. Robert N.
Watson, Mr. Tom
Watts, Mr. Dave
Whitehead, Dr. Alan
Wicks, Malcolm
Williams, rh Mr. Alan
Williams, Mrs. Betty
Wilson, Phil
Winnick, Mr. David
Winterton, rh Ms Rosie
Woodward, rh Mr. Shaun
Woolas, Mr. Phil
Wright, Mr. Anthony
Wright, David
Wright, Mr. Iain
Wyatt, Derek
Tellers for the Ayes:
Mr. Wayne David and
Siobhain McDonagh
NOES
Afriyie, Adam
Alexander, Danny
Ancram, rh Mr. Michael
Arbuthnot, rh Mr. James
Atkinson, Mr. Peter
Bacon, Mr. Richard
Baldry, Tony
Barker, Gregory
Bellingham, Mr. Henry
Benyon, Mr. Richard
Beresford, Sir Paul
Binley, Mr. Brian
Bottomley, Peter
Brady, Mr. Graham
Brazier, Mr. Julian
Breed, Mr. Colin
Brokenshire, James
Brooke, Annette
Browne, Mr. Jeremy
Browning, Angela
Burns, Mr. Simon
Burrowes, Mr. David
Burstow, Mr. Paul
Burt, Alistair
Butterfill, Sir John
Cable, Dr. Vincent
Cameron, rh Mr. David
Carswell, Mr. Douglas
Cash, Mr. William
Clappison, Mr. James
Clark, Greg
Clarke, rh Mr. Kenneth
Clegg, rh Mr. Nick
Clifton-Brown, Mr. Geoffrey
Cox, Mr. Geoffrey
Crabb, Mr. Stephen
Davey, Mr. Edward
Davies, Philip
Davis, rh David (Haltemprice and Howden)
Djanogly, Mr. Jonathan
Dorries, Mrs. Nadine
Drew, Mr. David
Duddridge, James
Duncan, Alan
Duncan Smith, rh Mr. Iain
Dunne, Mr. Philip
Dunwoody, Mrs. Gwyneth
Ellwood, Mr. Tobias
Evennett, Mr. David
Fabricant, Michael
Fallon, Mr. Michael
Farron, Tim
Field, Mr. Mark
Foster, Mr. Don
Fox, Dr. Liam
Francois, Mr. Mark
Fraser, Christopher
Gale, Mr. Roger
Garnier, Mr. Edward
Gauke, Mr. David
Gibb, Mr. Nick
Goldsworthy, Julia
Goodman, Mr. Paul
Goodwill, Mr. Robert
Gove, Michael
Gray, Mr. James
Grayling, Chris
Green, Damian
Greening, Justine
Gummer, rh Mr. John
Hague, rh Mr. William
Hammond, Mr. Philip
Hammond, Stephen
Hancock, Mr. Mike
Harper, Mr. Mark
Harvey, Nick
Hayes, Mr. John
Heald, Mr. Oliver
Heath, Mr. David
Heathcoat-Amory, rh Mr. David
Hemming, John
Hendry, Charles
Herbert, Nick
Hoban, Mr. Mark
Hoey, Kate
Hollobone, Mr. Philip
Holloway, Mr. Adam
Holmes, Paul
Hopkins, Kelvin
Horam, Mr. John
Hosie, Stewart
Howard, rh Mr. Michael
Howarth, David
Howarth, Mr. Gerald
Hughes, Simon
Huhne, Chris
Hunt, Mr. Jeremy
Hunter, Mark
Jack, rh Mr. Michael
Jackson, Mr. Stewart
Jenkin, Mr. Bernard
Jones, Mr. David
Kawczynski, Daniel
Key, Robert
Kirkbride, Miss Julie
Kramer, Susan
Laing, Mrs. Eleanor
Lait, Mrs. Jacqui
Lamb, Norman
Lansley, Mr. Andrew
Laws, Mr. David
Leech, Mr. John
Leigh, Mr. Edward
Letwin, rh Mr. Oliver
Lewis, Dr. Julian
Liddell-Grainger, Mr. Ian
Lidington, Mr. David
Lilley, rh Mr. Peter
Llwyd, Mr. Elfyn
Loughton, Tim
Luff, Peter
Mackay, rh Mr. Andrew
Maclean, rh David
Main, Anne
Maples, Mr. John
Mates, rh Mr. Michael
Maude, rh Mr. Francis
May, rh Mrs. Theresa
McIntosh, Miss Anne
McLoughlin, rh Mr. Patrick
Mercer, Patrick
Miller, Mrs. Maria
Milton, Anne
Mitchell, Mr. Andrew
Mitchell, Mr. Austin
Moss, Mr. Malcolm
Mulholland, Greg
Murrison, Dr. Andrew
Newmark, Mr. Brooks
O'Brien, Mr. Stephen
Oaten, Mr. Mark
Ottaway, Richard
Paice, Mr. James
Paterson, Mr. Owen
Penning, Mike
Penrose, John
Price, Adam
Prisk, Mr. Mark
Pritchard, Mark
Randall, Mr. John
Redwood, rh Mr. John
Rennie, Willie
Rifkind, rh Sir Malcolm
Robathan, Mr. Andrew
Robertson, Mr. Laurence
Rosindell, Andrew
Ruffley, Mr. David
Sanders, Mr. Adrian
Scott, Mr. Lee
Selous, Andrew
Shapps, Grant
Shepherd, Mr. Richard
Simmonds, Mark
Simpson, Mr. Keith
Soames, Mr. Nicholas
Spicer, Sir Michael
Spink, Bob
Spring, Mr. Richard
Stanley, rh Sir John
Stunell, Andrew
Swayne, Mr. Desmond
Swinson, Jo
Swire, Mr. Hugo
Syms, Mr. Robert
Tapsell, Sir Peter
Taylor, Matthew
Tredinnick, David
Turner, Mr. Andrew
Tyrie, Mr. Andrew
Vaizey, Mr. Edward
Vara, Mr. Shailesh
Viggers, Peter
Villiers, Mrs. Theresa
Walker, Mr. Charles
Wallace, Mr. Ben
Watkinson, Angela
Webb, Steve
Whittingdale, Mr. John
Wiggin, Bill
Williams, Hywel
Williams, Stephen
Willott, Jenny
Wilshire, Mr. David
Wilson, Mr. Rob
Winterton, Ann
Winterton, Sir Nicholas
Wright, Jeremy
Young, rh Sir George
Tellers for the Noes:
Mr. Nick Hurd and
Mr. John Baron
Question accordingly agreed to.
Orders of the Day
European Union (Amendment) Bill
(Clause 3, the Schedule and Clauses 4 and 5)
Further considered in Committee.
[Sir Michael Lord in the Chair.]
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