I am certainly more sympathetic to those amendments. The idea of an audit is, I think, a little superfluous. I am not sure that it is a bad idea, but I am also not sure that we need it in the Bill. We could leave it to the Electoral Commission’s good judgment.
Amendment 64 is more serious. We debated the subject at some length when we discussed the Conservative amendments on our first day on Report. There is a question about Gibraltar that has not been resolved by enabling Gibraltarians to vote in the referendum, which has now been incorporated into the Bill, because we still have the problem that Gibraltar is only a member of the European Union by virtue of its status as a British territory. If the UK and Gibraltar vote yes, we will have no problem. If the UK and Gibraltar vote no, it would
be a catastrophe for jobs, the fighting of crime, the environment and so on, but it would not be a problem for Gibraltar’s constitutional position.
We have problems, however—I have not yet heard Ministers respond to them satisfactorily to defend the Bill—with what will happen if Gibraltar and the UK vote in different ways. If the UK votes to remain in the EU but Gibraltar votes no, I would assume that that would be taken as an indication of Gibraltar’s desire to leave the EU. Would we then accommodate that desire? Would we, for instance, pursue the Greenland option, where one territory from within a realm leaves the European Union? It would be interesting to hear what Ministers have to say in reply to that. If the reverse happens, and Gibraltar votes yes and the UK votes no, would we really proceed in effect to expel Gibraltar from the European Union against the clearly expressed wishes of the Gibraltarian people? What message would that send to Spain about our desire to respect the will of the people of Gibraltar in determining their own future? It would be good to hear the Minister’s replies on those two scenarios.
Let me conclude by talking about my amendment 65, which suggests the separate declaration that I think would be appropriate for any country that has voted to leave the UK, has formed an independent country or is in the process of negotiating such independence or holding a referendum on it. It is pretty clear which country I am talking about and I have obtained from the Library a copy of a document called “Scotland’s Future”, which was published in the past few days and contains some interesting aspirations, including for Scotland to remain a member of the European Union and to achieve independence, if it is voted for in autumn 2014, by 24 March 2016.
I am no expert on the Scottish independence debate and I do not know whether either of those aspirations is guaranteed—I suspect that neither of them is—but it raises the important question of what will happen if the Scottish people vote yes to independence and no to Europe. Will the Scottish Government pursue membership of the European Union even though their people have voted the other way? It will be equally bizarre if England votes no or yes by a narrow margin but Scotland tips the balance the other way despite having already voted to leave the United Kingdom. What would be the constitutional situation for England, Wales and Northern Ireland then? If Scotland votes yes to independence and to EU membership but the UK as a whole votes to leave the European Union, we will then have the bizarre situation of Scotland negotiating entry while the Government of the UK simultaneously negotiates exit. That is one of those timetabling issues that shows what an arbitrary and ill thought out notion it is to have a fixed deadline that cannot take account of changing political and constitutional realities, whether on the European scale, in relation to Scotland or in the United Kingdom.