HL Deb 02 December 2004 vol 667 cc15-7WA
Lord Stoddart of Swindon

asked Her Majesty's Government:

Whether it is the case that no material relating to any referendum can legally be published by Ministers, government departments or local authorities during the 28 days before polling day and whether publication includes speeches, press interviews and press statements. [HL64]

Baroness Ashton of Upholland

Section 125 of the Political Parties, Elections and Referendums Act 2000 (PPERA) governs the material that can be published by Ministers, government departments or local authorities in the 28 days before a referendum.

Material is described as "published" if it is made available to the public at large, or to any section of the public, in whatever form and by whatever means. Section 125 prohibits, among others, Ministers (in their official capacity) and their departments making available to the public at large, or any section of the public, any material which provides general information about the referendum; deals with any of the issues raised by the referendum question; puts any arguments for or against any particular answer to the referendum question; or is designed to encourage voting at the referendum. It is our view that this includes speeches and press interviews when carried out in a ministerial capacity, but that it does not prevent Ministers speaking in a personal or political capacity.

Section 125(3) of PPERA contains certain exceptions to the general restrictions, which cover material made available to persons in response to specific requests for information or to persons specifically seeking access to it; anything done by or on behalf of the Electoral Commission or a designated organisation; the publication of information relating to the holding of the poll; or the issue of press notices.

By virtue of the Bill of Rights, Section 125, does not restrict Ministers as to what they can say during proceedings in Parliament.

Lord Stoddart of Swindon

asked Her Majesty's Government:

Which body or bodies are responsible for enforcing the rules relating to ministerial involvement in referendum campaigns during the 28 days before polling day; and what sanctions or penalties can be applied if the rules are breached. [HL66]

Baroness Ashton of Upholland

Section 125 of the Political Parties, Elections and Referendums Act 2000 establishes the rules relating to ministerial involvement in referendum campaigns. It is the responsibility of those to whom Section 125 applies to ensure that they comply with the requirements of that provision. A person alleging a breach of Section 125 could seek to bring a judicial review. It would be for the courts to decide the consequences of a breach according to the circumstances of the challenge.

Lord Stoddart of Swindon

asked Her Majesty's Government:

Whether the rules relating to ministerial involvement in campaigning during the 28 days before polling day will apply in any referendum on the European Union Constitution or other future referendums. [HL67]

Baroness Ashton of Upholland

The rules relating to Ministerial involvement in campaigning during the 28 days before polling day apply to any referendum held under the generic legislation, the Political Parties, Elections and Referendums Act 2000 (PPERA). Section 125 of this Act regulates the activities of Ministers in the 28 days before polling day. It is proposed that a referendum on the European Union Constitution would be held under the terms of PPERA, including Section 125. The same rules will apply to other future referendums held under PPERA.

Lord Stoddart of Swindon

asked Her Majesty's Government:

Whether it is the case that Ministers are permitted to speak and take part in referendum campaigning so long as they make it clear that they are doing so in a personal capacity; and what measures were taken when Ministers took part in the recent referendum in the north-east to clarify that they were not taking part as a Minister of the Crown. [HL65]

The Minister of State, Office of the Deputy Prime Minister (Lord Rooker)

It is the view of the Office of the Deputy Prime Minister that where Section 125 of the Political Parties, Elections and Referendums Act 2000 applies to a referendum, as in the north-east, the restrictions on publications in the final 28 days do not prevent Ministers speaking and taking part in referendum campaigning where they do so in a personal or political capacity. In addition, by virtue of the Bill of Rights, Section 125 does not restrict Ministers as to what they can say during proceedings in Parliament.

The Office of the Deputy Prime Minister issued guidance to all Ministers. The guidance has been made available in the Library of the House. In accordance with this guidance, Ministers made their role clear when acting or speaking in a personal or political capacity.