I want to explain to the House why section 125 causes some real difficulties. We should not be under any illusions about the starting point. It is not at all the same as the purdah guidance that is published by central Government at election time. The purdah traditions for both national and local elections rest on convention. With section 125, we are talking about a very wide-ranging statutory prohibition on Government activity. In the words of the section, public bodies are banned from publishing material that
“deals with any of the issues raised by any question on which such a referendum is being held”,
as well as general information, putting arguments or even setting out the competing arguments, and encouraging people to take part in the referendum. The definition of publication in the section is very broadly phrased: the word “publish” is defined as making material
“available to the public at large, or any section of the public, in whatever form and by whatever means”.
Under section 125, there is a very wide-ranging ban on what the Government can do.
3.30 pm