I do believe that the Government would be well advised to change the question. We have seen this week that the Prime Minister is able to have a second take on some issues. Even when he feels that he is restating a position, it seems to be somewhat different. It might be a case of “EU turn if you want to,” with this Conservative leader. The Government should accede to the advice of the Electoral Commission.
When the referendum takes place, we need to recognise that there are many different issues for many different people. I represent a border constituency in Northern Ireland and the implications of the UK leaving the EU would be pretty fundamental, not just for my constituency but for the political institutions in Northern Ireland. The common experience of EU membership provided the very context in which there were changed British and Irish relations, which in turn provided the context for the peace process.
It should be remembered that the institutions of the Good Friday agreement do not take as givens just the human rights provisions of the Human Rights Act and the European convention on human rights, but the common EU membership of the UK and Ireland. Even some of the cross-border institutions that were set up as a result of the Good Friday agreement directly address and reflect our common membership of the EU. Fundamental damage and change may be done when serious questions are raised about our commitment to human rights and to our membership of the EU. If we are facing a referendum, we will have to address those issues and carry forward the arguments responsibly.
We must recognise that people have more questions about the sovereignty of this Parliament than just where it stands vis-à-vis the European institutions. We heard that yesterday in the debate on the Scotland Bill. There are clear tensions and ambiguities around what the notion of parliamentary sovereignty means for this Parliament, and around the implications for devolved institutions and the rightful authority that they should have. Similarly, in terms of what comes out of any EU renegotiation, there will be tensions between this Parliament’s notion of its parliamentary sovereignty and what emerges in the new arrangements and treaty terms.
That is why, in my view, it would have been better to have had something like a constitutional convention before the referendum not only to address the longer-term democratic relations within the UK and create a new democratic charter between this Parliament and the other elected institutions in different parts of the UK, but to create a new democratic charter that clearly creates a delineation between this Parliament and the various EU institutions.
There is a danger that we will end up with a referendum campaign in which the yes side includes people who want to be both half in and half out, and a no side that is also confused because it includes some people who want to be totally out, as well as people who say that if we reject it, we can be half out and renegotiate in the way that Ireland did. The danger is that we will end up with a referendum that does not settle the question at all in the terms in which Members believe it will.