Baroness Hayter of Kentish Town
The answer is yes. If the MP’s own colleagues—I do not want to use the word “peers”, as it is a bit confusing—believe that the issue is serious enough for a suspension of at least 10 days, they would do so, although I find it hard to believe that they would so for a mistake. That is what this Bill is all about. The trigger may be 10 days or my noble friend may be right and perhaps it should be 12 days or nine days—I do not know exactly because it is a judgment call—but this Bill is about saying that, where their fellow Members of Parliament consider that the issue is serious enough, that is the trigger for a recall.
It is also important that the figure is not so low that we undermine in any way either the sort of normal protest that could happen in the House of Commons or the mistake—although I doubt that it would apply for a mistake—or misdemeanour that so offends other MPs that they take the MP to the Standards Committee. The essence of the Bill is that a recall will be triggered when the suspension is for a certain length of time.
There is another, separate point. Whether the threshold is five, 10, 15 or indeed 40 days, there will always be the difficulty—as happens when magistrates hear cases—where the knowledge that the decision can trigger a by-election will add an extra dimension to the judgments that are taken. That applies both to magistrates in a court case, if it is about whether there should be a sentence of imprisonment rather than a fine, and to those dealing with these situations. That is tough. Decision-making is tough. I recognise that, but I do not think that the number of days minimises that effect.
We will deal later with a very helpful amendment from my noble friend about the Standards Committee, which I hope will address some of the challenges that will be before members of the Standards Committee. On this amendment, the decision has been taken by the other place and I think it is right. I hope that my noble friend will withdraw the amendment.
Lord Wallace of Saltaire (LD)
My Lords, I pay tribute to the commitment and care with which the noble Lord, Lord Campbell-Savours, has pursued this issue. The Government have of course therefore actively considered it over some period of time.
I have to say that I do not recognise what the noble Lord described as the widespread anger in the Commons over all this. I have just been checking with my noble friend Lord Gardiner and thinking that through. During the period when the Bill has been going through its Lords stages, I have met members of my own party in the Commons and my noble friend Lord Gardiner has met members of his own party there. We have met people from the Labour Party, our opposite numbers and the Bill managers within the Commons on a number of occasions. It is remarkable to me that what the noble Lord, Lord Campbell-Savours, has heard has not managed to reach our ears. It has been relatively public knowledge that we were indeed managing the Bill through this House.
The suggestion that the House of Commons voted on a substantial change to the Bill without understanding what it was doing seems to be stretching matters a little. It may be that this was a catastrophic mistake of the Labour Party in the Commons, as the noble Lord, Lord Howarth, said. I recognise the strength of feeling among a number of Labour Peers within this House that it was a catastrophic mistake by their own party. All I can say is that this has not reached the Government’s ears. We have not had protests, or suggestions that we need to save the Commons from itself in the way proposed.
The noble Lord, Lord Cormack, talked about eroding the sovereignty of Parliament and how we have again to protect that dimension. However, all those of us who have been out campaigning in recent weeks know that what those of us who are attached to the traditions of the British constitution think of as the sovereignty of Parliament is thought by too many of those on whose doors we knock as the Westminster bubble. We have great difficulty in persuading them that it is worth voting at all. They think that all politicians are in here for themselves. This is part of why the recall Bill has gone through a series of consultations over the last three years and is now going, not hastily, through both Houses.
We have considered at length this question of the proper period of suspension which should trigger recall in this House and in other discussions outside the House. We do not see a strong case for reversing the decision which the House of Commons took on an amendment from the Labour Opposition and, having considered it, we are therefore not willing to accept the noble Lord’s amendment.
The decision of the other place was clearly based on the precedent of past suspensions for misconduct recommended by the Standards Committee. The Standards Committee has in the past recommended 10-day suspensions for receiving payment to ask questions in the House, misuse of access to the House and breaching the Code of Conduct—cases which should undoubtedly be considered as serious wrongdoing. We are not considering cases of innocence or unproven allegation.
Lord Forsyth of Drumlean
I am listening carefully to my noble friend’s argument, but surely the Government considered these matters very carefully when they came forward in the first place with their proposal for 20 days. Can he explain to the House why the Government thought that 20 days was appropriate, with all the knowledge about previous penalties imposed by the Standards Committee?
Lord Wallace of Saltaire
The noble Lord knows very well that the choice of the exact number of days is a matter for judgment. We recognise that the House of Commons took a judgment on that and we are accepting that judgment.
The question of the role and composition of the Standards Committee is also tied up in this. Looking at the next group of amendments, we will continue discussing the important question of the Standards Committee, on which I recognise that a number of members of this House have served. I thank the noble Lord, Lord Campbell-Savours, for his considerable efforts, which I respect, but I nevertheless ask him to withdraw his amendment.
Baroness Hayter of Kentish Town
My Lords, this has been an interesting debate—and not simply because it is an easier one to respond to. As I said when we discussed this subject in Committee, or possibly on Report, we strongly support having more lay members on the Standards Committee. We believe that it is crucial for that body to have the confidence of the public, so opening up its work to people who are not MPs is an excellent step towards gaining that confidence. In other areas of life—in the medical profession, the legal profession and other professions—outside independent members are now the norm in any disciplinary process. That gives confidence to patients and clients that someone other than the cohort of those whose behaviour is being judged is involved in the decisions. Indeed, I think I am right in saying that in most of those other professions there is now a lay chair of the relevant disciplinary body.
As my honourable friend on the Front Bench in the other place said, we want to see a,
“radical overhaul of the Committee. That would include the removal of the Government’s majority and an increase in the role and authority of its lay members. We propose that at least half the Committee should be lay members and that the Chair of the Committee should not be a Member of Parliament”.—[Official Report, Commons, 27/10/14; col. 69.]
It is encouraging that today there has been backing from all sides of the House on the need to move forward in this respect. The Government may say that the Bill is not the appropriate place to make such a change—although I note the astute amendment tabled by the noble Lord, Lord Tyler, and others—but whether that is the case or not, we are sending an important message that all the political parties are determined to see the Standards Committee work effectively, fairly and transparently, and in a way that gives voters confidence in its work.
Lord Wallace of Saltaire
My Lords, I thank the noble Lord, Lord Campbell-Savours, for his references back to the historical developments. My brief says that there is a record of lay members serving on a Commons committee as far back as 1836, and that it was in 1876 that Erskine May laid down that while it was perfectly acceptable for lay members to serve on Commons committees it was not acceptable, within the doctrine of parliamentary sovereignty, for them to vote on such committees. I understand that that is the position that we still hold. There have been lay members of Commons committees in the past and there are now three on the Standards Committee, whose recent report suggests that the number should increase to seven.
The noble Lord, Lord Howarth, and the noble Lord, Lord Cormack, have taken us back to Magna Carta, the Bill of Rights and a range of other things. I should say to the noble Lord, Lord Howarth, that I am currently reading Professor David Carpenter’s very helpful, and massive, book on Magna Carta, and I am becoming a little more doubtful about the beauty of Magna Carta, fully put, than I was. Its treatment of women and Jews, for example, is not exactly in line with modern habits—just as, if one reads the Bill of Rights carefully, as I have also done, one learns that its assumptions about Roman Catholics are not ones that would meet with automatic approval in the 21st century.
Lord Wallace of Saltaire
Yes, we will make exceptions in some cases—particularly for the sons of Church of England clergymen.
Standards have developed and moved, and we are discussing how we would advise the House of Commons and how the Government should respond to the House of Commons on its proposals to move the Standards Committee further. The recent report calls for an increase in the number of lay members—we have had three lay members since 2013—and in their representation as a proportion of the committee. The Government already have a high regard for the lay members of the Standards Committee and appreciate the very important role they play in the work of the committee. The three lay members who currently serve have clearly made a valuable contribution and add an important level of independence to the process.
The Standards Committee report has only very recently been published and the Government have not found time to agree a formal response—the matter is, after all, in principle for the Commons itself. If I may say as clearly as I can, the Government can see no reason at all why there should not be an increase in the number of lay members of the committee, as proposed in the Standards Committee’s report. The disciplinary procedures of the House of Commons are, in principle, a matter for that House as a whole. It is for the Government to facilitate a debate in which the report of the Standards Committee can be considered in detail and consequent changes agreed.
I would urge this House to ponder carefully any course of action that might be interpreted as pressuring, influencing or leaning on the other place to make such a significant change to its disciplinary procedure. After all, we come up against issues of parliamentary sovereignty and parliamentary privilege.
Lord Tyler
I am grateful to my noble friend and recognise that he is in a difficult position for the reasons he has just enunciated. We do not want to look as if we are telling the House of Commons when it should take its business, but can he at least, say, on behalf of the Government, that it would be the hope and intention of the business managers for the extremely important report from the Standards Committee to be addressed and, I hope, action taken before the Dissolution of this Parliament later this month? May I appeal to the Minister to ignore the pleas from the ultra-conservative tendency in this House, represented by the noble Lords, Lord Howarth and Lord Cormack, who I think have not read the report of the Standards Committee which addresses very carefully the issues of parliamentary sovereignty and parliamentary privilege?
Lord Wallace of Saltaire
I also give way to the noble Lord, Lord Campbell-Savours.
Lord Campbell-Savours
Can I clarify the position and go back to what I was asking? What is the Government’s position on voting in that committee in the event that it were to proceed to implement the increased lay membership, to which the Minister referred?
Lord Wallace of Saltaire
I am trying to be as helpful as I can on a very recently published Standards Committee report. I remind the House of some of the history. When the Kelly report from the Committee on Standards in Public Life in 2009 recommended that there should be lay members on the Standards Committee, the recommendation was accepted in principle and referred to the Procedure Committee. That committee, in line with parliamentary precedent, reported that, while there was a long history of non-voting lay committee members, there was also a long-established precedent that only Members of the House could vote. The Government do not see any reason why we should override that long-standing precedent.
To add a further dimension on the complexity of the constitutional issues with which we are dealing, the Joint Committee on Parliamentary Privilege in June 2013 advised very clearly against legislating on the lay membership of the committee. To do so would risk bringing the operation of parliamentary privilege, as it currently applies to the standards and other committees, into question. The membership and operation of the Standards Committee is a matter for the House of Commons and the provisions in the Bill have been designed in such a way as to fit in with its disciplinary arrangements, however they are constituted. The second recall trigger would work in exactly the same way whether there were three, seven, 10 or 15 lay members on the Standards Committee, so it would not be justified to stop the second trigger from operating unless the number of lay members was increased.
The Standards Committee report also specifically says:
“The Committee has said that it will work to implement whatever Parliament decides on recall”.
Whether or not the other place decides to act on the Standards Committee’s recommendations—and, as I have said, the Government certainly see no reason why it should not in respect of the lay members of that committee—the committee’s essential role in holding MPs to account for their conduct will remain unchanged.
The noble Lord, Lord Tyler, asked me to guarantee in the remaining short weeks of this Parliament that the Commons will reach that decision before Parliament is dissolved. I am unable, standing here, to give any such absolute guarantee, but I will certainly take that back to my colleagues in the other place and make the point.
Having given as warm assurances as I can to this House, I hope that enables the two noble Lords to withdraw their amendments.
Lord Campbell-Savours
My Lords, I am indebted to the Minister because he has made the position clear. We now know that the Government do not support the Standards Committee’s lay membership being given the right to vote, which brings me right back to my Amendment 6 which I moved on Report, which I now believe is a real option. I was also against the lay membership being given the right to vote informal proceedings, which was what I was trying to flush out, because it makes my amendment more sensible.
All I would like from the Minister is an assurance that the debate that took place on Report, and if I might modestly say in particular the proposal in my amendment, will be considered by the appropriate authorities. I would ask those who are charged with reading these matters in the other place, as invariably they do when we deal in this place with House of Commons business, to read the debate and consider that amendment. I think that my proposal was a very reasonable way to proceed. It would ensure that the lay membership really felt they were making a contribution and it would not take us down road concerning the issue of parliamentary privilege, which my noble friend Lord Howarth of Newport was essentially alluding to. On that basis I beg leave to withdraw my amendment.
Lord Wallace of Saltaire
Lord Wallace of Saltaire
My Lords, since this is the last group in this debate, I thank those who have taken part for the constructive role that they have played in the very thorough scrutiny that this Bill has had. I was a little upset when the noble Baroness, Lady Taylor of Bolton, suggested that we had done our business hastily. I think that we have done our business—from Second Reading, through Committee to Report, and now to Third Reading—in the appropriate way in which this House behaves. We have met with those who have expressed their greatest concerns on the Bill, and, as the names on the amendment to which I am now speaking show, we have done our best to reach a consensus with the Opposition where they have made reasonable points, which the Government feel should be taken into account.
I am also very grateful that we have had such an extraordinarily good and efficient Bill team for this Bill. Over the last four and three-quarter years, I have met rather more Bill teams than I would like to have done, and on one or two occasions I have realised what you suffer if a Bill team does not do what you need for a Monday afternoon Committee stage—on one particular occasion, the legal adviser had missed the ferry back that morning from the Isle of Wight and we arrived without the full pack that we needed. I am confident in saying that this is one of the best Bill teams that I have had.
Government Amendments 6, 7 and 8 require the petition officer to deliver all recall petition returns to the Electoral Commission as soon as reasonably practicable after the documents have been received. These support the more substantive government Amendment 10, which will require the Electoral Commission to prepare and publish a report after every recall petition. These amendments build on those first tabled by the Opposition on Report, and I welcome their support for our amendments today. I am grateful to the noble Baroness, Lady Hayter, and the noble Lord, Lord Kennedy, for their constructive engagement on this issue.
In drafting the Bill, the Government have been keen to ensure that we create a regulatory environment that is consistent with existing electoral law. However, we recognise that recall petitions are a new style of electoral event for which there is no one-size-fits-all set of rules that can be applied. That said, we have drawn heavily, as far as we can, on underlying principles from wider electoral law—notably, encouraging participation through proportionate regulation and preventing undue influence by wealthy groups and individuals.
The Government have been grateful to noble Lords for their contributions throughout the passage of the Bill in terms of how the campaign should be regulated. The Government have also been consistent in our view that the spending and donation rules that we have put in place are appropriate to the nature of a recall petition and are fair and workable in practice. We appreciate the desire to ensure that the process is properly assessed in what we hope will be the very rare event of a recall petition taking place.
The Bill as introduced to this House provides for the Electoral Commission to report on the conduct of a recall petition, including how the spending and donation rules work, at its own initiative. Noble Lords have expressed a desire to see a formalisation of this process, requiring the Electoral Commission to report after every recall petition. These amendments will provide for this. Amendment 9 corrects a minor and technical issue with the drafting of Schedule 5 to the Bill. I beg to move.
Lord Kennedy of Southwark (Lab)
My Lords, my noble friend Lady Hayter of Kentish Town and I have also put our names to the amendments tabled by the noble Lord, Lord Wallace of Saltaire, on the role of the Electoral Commission. As the Minister has described, the amendments have the effect of requiring the Electoral Commission to take a greater role in the scrutiny of recall proceedings, which is to be welcomed. As a general principle, the Electoral Commission needs to move on from its present position of offering advice and guidance to more specific areas that it is responsible for, and to be held account properly by Parliament for its work in those areas. That is my position, although it is a matter for another day.
The specific amendments address the points that I have argued were lacking throughout the Bill. I am grateful to the Minister for mirroring the amendments that we on these Benches put forward in previous stages of the Bill. The first set of amendments to Schedule 5 ensures that all returns by campaigners are subject to checks by the Electoral Commission and delete the phrase “on request”, thereby requiring the petition officer to deliver a copy of all the recall petition returns when they have been received. We strongly disputed the Electoral Commission’s view that these would be little local events with a local feel. I took the view that that was a silly claim by the commission; we all know that these will be national events attracting enormous media attention. The commission is best equipped to look at the work being done with returns, as it has both the resources and the expertise at its disposal. I did not accept the commission’s note on this when it said that it may need additional resources to make this work. We all hope that these provisions will be enacted very rarely, and I am very confident, as a former commissioner, that this extra work can be done from existing resources.
We believe that these amendments are particularly important, given that the Government have not accepted our concerns about the potential loopholes that have been left open with regards to donations and expenditure received by both accredited and non-accredited campaigners. This at least goes some way towards ensuring that the financial circumstances of campaigns are subject to some level of scrutiny. Although we are disappointed that the Government have failed to address what we from these Benches regard as the inherent unfairness in the equality of arms of accredited campaigners, as well as the lack of safeguards on permissible donors, we are at least glad that we have managed to persuade Ministers that it is paramount that donation returns are checked.
It is hoped that this will go some way to providing confidence in the financial aspects of recall campaign procedures, which we on this side of the House believe could be open to abuse. The Government’s other amendment to Schedule 5 is a technical amendment, which clarifies the Bill, and we support it. The amendments to Schedule 6 require the Electoral Commission to produce a report on the recall petition proceedings once they have been completed. As I said previously, given that this is an entirely new facet of campaigning, I believe that an independent assessment of the process would be greatly welcomed, not only by constituents but by those affected or involved in the process, and by everyone else involved.
In conclusion, the amendments made in your Lordships’ House have been small but significant in making it more workable for all involved. Perhaps the most important inclusion in the forthcoming regulations will be the requirement on the petition notification card to inform electors of the fact that they are signing what could become a public petition. Given that the Government rejected our judgment that this was de facto a public petition, this is at least something to address the issue of secrecy and the availability of the marked register, the details of which still have to be worked out.
Regrettably, little attention has been given to such practicalities or even the principles of the recall process, which explains why so much has been left to regulations —fairly inexcusable, given that the Government have had an entire Parliament to draft a 25-clause Bill. Despite this, the help that we received from the noble Lords, Lord Wallace of Saltaire and Lord Gardiner of Kimble, was much appreciated, and we welcomed it very much. They were willing to meet us to discuss the detail and the principle, so I record my thanks and those of my colleagues on these Benches for their hard work. Also, I join them in supporting and thanking the Bill team for their hard work; they have been courteous and helpful throughout the process.
I thank my noble friend Baroness Hayter of Kentish Town. We were friends for many years before we came into the House—we came in on the same list nearly five years ago. It is always a pleasure to work with her. Her leadership and hard work on this are much appreciated by everyone involved. I thank my colleague Helen Williams from the opposition office for her contribution; though it was behind the scenes, it was very much appreciated by me and my colleagues here. I also thank noble Lords on all sides of the House for their work. We have done our job as a revising Chamber, and I am grateful to everyone involved.
We have all expressed the wish that the Bill will never need to be used. However, it is right that it should be as fit as possible in case it is. The Minister knows that we remain concerned about the possible intrusion of big money into the consideration of whether an MP should continue in Parliament. I hope that he is right and we are wrong in worrying about this. That apart, we have made the Bill a bit better than when it arrived in your Lordships’ House. I hope that it can now be moved on so it is an Act of Parliament very soon.
Lord Wallace of Saltaire
My Lords, perhaps I should add that it has been interesting that, in the best traditions of this House, the Divisions on the Bill have not been one party group against another but have often been within and across political party groups. That is how it should often be in this Chamber: it is part of a healthy debate.
I have been sitting here today wondering whether the colour of the coat of the noble Baroness, Lady Hayter, was intended to be a heavy hint at her preferred post-election coalition, but perhaps we can continue that discussion outside the Chamber. I conclude by thanking everyone for the lengthy amount of time that we have spent on the Bill. I commend the amendment.
Lord Wallace of Saltaire
Lord Wallace of Saltaire
Lord Wallace of Saltaire