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EU referendum: 'Significant' changes to campaigning rules EU referendum: Changes to campaigning rules announced
(about 5 hours later)
The government is to change its planned rules on campaigning in the UK's in-out EU referendum after criticism from Eurosceptic Conservative MPs. The government has agreed to change its planned rules on campaigning in the UK's in-out EU referendum, after criticism from Eurosceptic Tory MPs.
It had been proposed that - unlike during elections - there would not be restrictions on the way ministers could campaign in the run-up to the vote. It has accepted there should be limits on ministerial activity relating to the referendum in the run-up to the vote.
Critics argued this meant the pro-EU campaign could benefit from the "machinery of government". But it said the government should still be able to "communicate a position in restrained and moderate terms".
The rethink will be for campaign restrictions "with exceptions". Critics have argued that, as it stands, the pro-EU campaign could benefit from the "machinery of government".
Details of the changes - including what the exceptions are - will be outlined in amendments being tabled to the EU Referendum Bill later on Wednesday.
The Political Parties, Elections and Referendums Act 2000 sets out a 28-day "purdah" period ahead of any referendum, during which ministers, government departments and local authorities are banned from publishing material relating to the issue in question.The Political Parties, Elections and Referendums Act 2000 sets out a 28-day "purdah" period ahead of any referendum, during which ministers, government departments and local authorities are banned from publishing material relating to the issue in question.
Prime Minister David Cameron claimed suspending these rules was necessary to allow the government to continue dealing with EU matters during the referendum period.Prime Minister David Cameron claimed suspending these rules was necessary to allow the government to continue dealing with EU matters during the referendum period.
Ministers also said the purdah rules would stop them being able to defend the national interest in Brussels.Ministers also said the purdah rules would stop them being able to defend the national interest in Brussels.
What is purdah?What is purdah?
Purdah is a longstanding convention whereby governments refrain from making any major announcements in the run-up to general elections or other polls to avoid influencing their outcome.Purdah is a longstanding convention whereby governments refrain from making any major announcements in the run-up to general elections or other polls to avoid influencing their outcome.
The existing rules were set out in legislation passed in 2000. They prevent ministers, departments and local authorities from publishing any "promotional material" arguing for or against any particular outcome or referring to any of the issues involved in the referendum.The existing rules were set out in legislation passed in 2000. They prevent ministers, departments and local authorities from publishing any "promotional material" arguing for or against any particular outcome or referring to any of the issues involved in the referendum.
The rules, which apply to the 28 days up to polling day, do not preclude ministers from issuing press notices or responding to specific requests for information from members of the public.The rules, which apply to the 28 days up to polling day, do not preclude ministers from issuing press notices or responding to specific requests for information from members of the public.
Special allowance is also made for bodies or individuals designated under section 108 of the law, giving them greater flexibility. Ministers have now conceded the purdah rules will be reinstated but with exemptions - such as allowing the government to conduct routine EU business, including issuing statements in response to European Council meetings and European Court of Justice rulings.
Sir Bill Cash, the veteran Tory MP and chair of the European Scrutiny Committee, welcomed the suggestion the purdah rules would be in force for the EU referendum but said he would wait to see the exact details of the amendments. The Foreign Office said it also reserved the right to further amend the regulations, subject to parliamentary approval, to allow ministers and others to communicate on the referendum in the 28 days before the poll "using normal communications channels".
He told BBC Radio 4's Today programme: "The real issue here is one of fairness and that's the case that we've made and also this is yes versus no. It's not a party political issue as between the political parties. Europe Minister David Lidington said the concessions recognised the "concerns about activity in the final four weeks before the referendum while ensuring that we can continue to fight Britain's corner in Brussels on ongoing EU business and make it possible for ministers, subject to parliamentary approval, to communicate a position on the referendum in restrained and moderate terms".
"We know there are many people in the Labour party and the SNP who very much agree with us." 'Matter of principle'
Sir Bill tabled an amendment to reinstate the purdah period for the referendum but was defeated in June. Twenty seven Tory MPs rebelled against the government plans, which avoided defeat only because Labour chose to abstain. Speaking before the government outlined its new proposals, Sir Bill Cash, the veteran Tory MP and chair of the European Scrutiny Committee, said MPs from all parties felt it was "not in the national interest to use the machinery of government for the purposes of what could turn out to be support for the yes vote".
Sir Bill said there were "quite a lot of people in the House of Commons" who were "absolutely clear that it is not in the national interest to use the machinery of government for the purposes of what could turn out to be support for the yes vote".
He added: "We're saying this is a matter of principle and it would apply whether there was to be a yes or no vote, if the government, for example, did change its mind."He added: "We're saying this is a matter of principle and it would apply whether there was to be a yes or no vote, if the government, for example, did change its mind."
In July a report from the Public Administration Committee said it was also unconvinced by ministers' arguments. Twenty seven Tory MPs rebelled over the issue in June, the government only avoiding defeat because Labour chose to abstain.
Analysis by political correspondent Robin Brant Acting Labour leader Harriet Harman said the government was "wrong to try and change the rules and if they're thinking again about that then so much the better".
Standby for climbdown number two. Analysis by deputy political editor James Landale
Yesterday the government was forced to agree a change to the EU referendum question. Today it's expected to accept that "purdah" - the period where government activity is put on hold before an election or vote - should remain in place. Number Ten has significantly rowed back over its plans to allow ministers to campaign officially for EU membership in the last four weeks of the referendum.
It looks like there will be exemptions though when the amendment to the EU Referendum Bill comes later. To some, this amounts to a huge fillip for the EU "out" campaign. No longer will the "in" campaign have the advantage of asking people to vote positively for yes.
That means Downing Street can stick by its desire to make sure the UK isn't left out of any big European decision making in the final weeks of the campaign but - and this is the important bit for campaigners who want to see Britain leave the EU - there will be no public money spent on ads, e-mails or mailshots to try to sway public opinion in the final days. And no longer will ministers be free - in theory - to use their full offices of state to campaign to stay in the EU. As one pro-EU Conservative MP put it to me: "This Number 10 "Neville Chamberlain approach" to Tory anti-EU hardliners will in the end encourage them, not pacify them. Most of us mainstream Tories are fed up with holding our tongue while the headbangers run riot."
It may be enough to persuade some of the 27 Tory MPs who rebelled in June to come round (they were mostly the "usual suspects", with none of the 2015 intake going against the prime minister) but the granddaddy of sceptics is still holding out. Yet, this is to mistake the government's intention. Ministers accept that getting rid of the Yes/No vote and partially reintroducing so-called "purdah" might make it marginally harder for David Cameron to win a referendum.
Sir Bill Cash has pointed out a complete purdah on government departments and ministers has been in place for four previous referendums up to now. But they think the risk is worth it if it makes it harder for Tory eurosceptics to claim - amid the wreckage of defeat - that the rules were rigged against them.
In a critical report, it said such a move would "cast a shadow of doubt over the propriety" of the referendum on whether the UK should remain in the EU or leave. Read James' full blog
One Whitehall source told the BBC: "There will be a pretty significant shift in the government position. There is no wish within the government to be in a position where doubt is cast on the fairness of the referendum. The amendments to the European Referendum Bill were published on Wednesday so there is time for MPs to consider them before debating and voting on them next Monday.
"It has got to be fair. And it has got to be seen to be fair." UKIP head of policy Mark Reckless welcomed the rethink on "purdah" but said: "It is important that neither those in government nor in the civil service exploit their office in order to promote one side of the argument or the other."
The amendments have to be published on Wednesday so there is time for MPs to consider them before debating and voting on them next Monday.
UKIP head of policy Mark Reckless welcomed the rethink on "purdah" but said: "It is important that neither those in Governmental nor in the civil service exploit their office in order to promote one side of the argument or the other.
"We would also call for the Government to make it clear to the European Union institutions that they too should refrain from announcing new policy objectives and spending promises in the UK during the period of the campaign and also honour British purdah rules."
Mr Cameron has pledged to hold an EU referendum by the end of 2017 but the BBC understands some allies are contemplating staging it as early as next April.Mr Cameron has pledged to hold an EU referendum by the end of 2017 but the BBC understands some allies are contemplating staging it as early as next April.
However, the government has ruled out holding it on 4 May 2017, the same day as council elections in England, Wales and Scotland, or 5 May 2016, the same day as national elections in Scotland, Wales and Northern Ireland.