Labour and Lib Dem whips discuss how to block Tory-backed EU referendum

http://www.theguardian.com/politics/2014/jan/07/labour-liberal-democrats-opposing-eu-referendum

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Labour and Liberal Democrat whips in the Commons and Lords met on Tuesday to agree a strategy to block the Tory-backed bill entrenching an in-out referendum on the European Union in 2017.

A private member's bill tabled by the Tory MP James Wharton, with the enthusiastic backing of Conservative ministers, has passed through the Commons and is due to have its second reading in the Lords on Friday.

Downing Street is organising a briefing for Tory peers on the bill on Thursday. The bill is being formally handled by Lord Dobbs, but in reality is being masterminded by the government.

But the Labour and Liberal Democrat whips are confident after the meeting that the bill will not reach the statute book since it will not have enough time to complete all its stages in both houses.

The Conservatives would then have to decide whether to use the Parliament Act to force the measure through in the next parliamentary session.

Clerks have controversially told ministers that the Parliament Act can be used on a private member's bill, so allowing the Commons to enforce their will against unelected peers.

Some 66 peers have put down their names to speak on the bill's second reading in the Lords on Friday, including Lords Lawson, Mandelson, Howe, Oakeshott, Strathclyde and Owen, and Lady Warsi.

Two former foreign office permanent secretaries Lord Hannay and Lord Kerr are also due to speak, as well as the former TUC general secretary Lord Monks.

More than 100 amendments are expected to be tabled once the bill goes into committee, including a large number from the House of Lords constitution select committee, prolonging the process.

In a report published on 2 January, the Lords constitution committee said the bill's proposal for the rules for the conduct of a referendum on whether to leave the EU to be made by the secretary of state – and not in primary legislation – may open up the risk of a challenge in court to those rules.

It is argued the bill would need to be out of the Lords and back on the floor of the Commons by 28 February if it is to have any chance of reaching the statute book by 1 May, the date the parliamentary session ends. Private members bills can only be debated on Fridays.

The Commons Speaker will have to decide whether the bill can be given extra time to be debated, but this could then lead to a timetable motion being tabled with one part of the coalition – the Conservatives – calling for extra government time in the Commons and the other opposing extra time.

It remains a constitutional grey area whether one part of a coalition government can table a government timetable motion.

There was no suggestion at Tuesday's meeting between Labour and Liberal Democrat whips in both houses that either party was going to change tack and suddenly support a referendum.

The indications are that both Labour and Liberal Democrat front benches want the bill killed to give both parties maximum freedom of manoeuvre before writing their 2015 manifestos.

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