PMQs review: Miliband says "no" to an EU referendum but Cameron fails to notice

Rather than attacking the Labour leader for opposing a referendum, the Prime Minister claimed he had no position.

Ed Miliband knew that he would be challenged by David Cameron at today's PMQs to say whether he will match his pledge to hold an in/out referendum on the EU. And he also knew that laconically replying, "I ask the questions", wouldn't be good enough. So his answer, when it came, was a clear one: "My position is no! We don't want an in/out referendum." It was a response that will have been greeted with cheers across CCHQ. The Tories now have an on-the-record pledge from Miliband to deny the voters a say on the EU. 

Oddly, however, Cameron failed to take advantage of Miliband's error. Rather than attacking the Labour leader for opposing a referendum, he accused him of having no position at all. "His whole argument about uncertainty is undermined by his inability to say whether he supports a referendum or not", Cameron said, adding: "go away and get a policy". For today, at least, Miliband was spared. 

The Labour leader devoted most of his questions to asking Cameron whether he would still campaign for an "in" vote if his renegotiation strategy fails. The Prime Minister simply replied, "I support Britain's membership of a reformed EU", leaving open the question of whether he supported Britain's membership of an unreformed EU.

A better response came when he declared, "only the leader of the opposition would go into negotiations expecting to fail." As a holding answer, this is not a bad one. Since any renegotiation will not begin until after 2015, Cameron will not have to elaborate any further. He turned the debate to his advantage by arguing that Miliband was unable to answer "the most basic question of all": do you want a referendum?" When the Labour leader replied "no", the Prime Minister apparently failed to notice. His party, however, did. If Miliband continues to oppose a referendum, they can accuse him of denying the British people a say over an institution that has changed dramatically in the 38 years since the first and only EU referendum. If he later comes out in favour of one, they can accuse him of performing a humiliating U-turn. The Tories have Miliband exactly where they want him. 

David Cameron delivers his speech on the UK's relationship with the EU at Bloomberg's headquarters in London. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

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Could Jeremy Corbyn still be excluded from the leadership race? The High Court will rule today

Labour donor Michael Foster has applied for a judgement. 

If you thought Labour's National Executive Committee's decision to let Jeremy Corbyn automatically run again for leader was the end of it, think again. 

Today, the High Court will decide whether the NEC made the right judgement - or if Corbyn should have been forced to seek nominations from 51 MPs, which would effectively block him from the ballot.

The legal challenge is brought by Michael Foster, a Labour donor and former parliamentary candidate. Corbyn is listed as one of the defendants.

Before the NEC decision, both Corbyn's team and the rebel MPs sought legal advice.

Foster has maintained he is simply seeking the views of experts. 

Nevertheless, he has clashed with Corbyn before. He heckled the Labour leader, whose party has been racked with anti-Semitism scandals, at a Labour Friends of Israel event in September 2015, where he demanded: "Say the word Israel."

But should the judge decide in favour of Foster, would the Labour leadership challenge really be over?

Dr Peter Catterall, a reader in history at Westminster University and a specialist in opposition studies, doesn't think so. He said: "The Labour party is a private institution, so unless they are actually breaking the law, it seems to me it is about how you interpret the rules of the party."

Corbyn's bid to be personally mentioned on the ballot paper was a smart move, he said, and the High Court's decision is unlikely to heal wounds.

 "You have to ask yourself, what is the point of doing this? What does success look like?" he said. "Will it simply reinforce the idea that Mr Corbyn is being made a martyr by people who are out to get him?"