Recall of MPs Bill

Debate between Baroness Hayter of Kentish Town and Lord Soley

Tuesday 10th February 2015 Lords Chamber

[Lord Soley (Lab)]

It is entirely right that the noble Lord, Lord Forsyth, has drawn attention to the real problem underlying all this—the lack of self-confidence within the House of Commons. It is rather tragic that we have the Bill before us. I am slightly worried at his reminding people that one could be hung for various things. A number of people would like to hang MPs, and I remind him that when I was chairman of the Parliamentary Labour Party and it was heard that I might come to this place, one member of the PLP said that they had the ideal reform for the House of Lords, with one Peer for every lamp-post. I do not use that example too often.

However, I intervene briefly and seriously. My noble friends Lord Campbell-Savours and Lord Howarth both made a strong case on this issue. My view is, and remains, that the Bill is a mess and should not have been brought forward but, precisely because of the nature of the mess here and the report to which my noble friend Lord Campbell-Savours referred, the Government ought to say that they will take this issue away, look at it in some detail and come back with a proposal involving a return to the 20-day period. I would sign up to that. The Bill is not in a coherent state. It would be bad news for the House of Commons, and I suspect that it is unlikely to be used or be used very much. It is undesirable to have legislation in a mess such as this, especially when there is a report of the type that has been referred to that indicates why we ought to have the 20-day solution. The Government have a duty to this House and the other place to say that they will go back, consult and come back with a proposal that is more likely to work in a coherent way.

[Baroness Hayter of Kentish Town]

My Lords, your Lordships will not be surprised that we do not support these amendments for the reasons given by my noble friend Lord Campbell-Savours—well, no, actually, not for the reasons given by him. The amendments would reverse the very changes that Labour won with wholehearted—or should I say widespread?—support in the Commons.

The coalition Government had proposed what my noble friend now wants, which is that MPs would need to be suspended for more than four sitting weeks for the threshold to trigger a recall petition. However, no matter how much we cut that period, only rarely would that trigger be reached. Importantly, it would mean that some serious offences in the House would virtually never trigger a recall petition, which may be the intention of the amendment—or not; but that would be its effect. It would emasculate the role of the Commons in regulating its Members.

We believe that the House of Commons decision to suspend a Member should be able to act as a trigger and that four weeks’ suspension is simply too long. It makes the trigger too high for what constituents would expect. When all this was happening, I was not in Parliament; I was outside. If one asked now how serious an offence should be before someone should face a recall, I should say that being suspended for two weeks is about the right amount. We would not want the threshold to be so lowered that it would allow mischievous claims to be made in the other place. We also recognise that parliamentary dissent is part of our democratic heritage, and that an MP standing up for their beliefs in the other place should not find their right peacefully to protest compromised by unnecessary recall petitions. There is a balance to be struck. However, none of those suspended for protesting would be caught by the new threshold, which was agreed overwhelmingly in the Commons by 210 to 124 votes. In the words of the noble Lord, Lord Forsyth, if we are to trust the House of Commons, that vote is one that we should hear.

Recall of MPs Bill

Debate between Baroness Hayter of Kentish Town and Lord Soley

Monday 19th January 2015 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords, we have given notice or our intention to oppose the Question that Clause 8 stand part of the Bill. It is an opportunity to raise a fundamental issue about the whole Bill.

The Minister will recall that we discussed at Second Reading whether signing a recall petition was to be a secret or public act. As we noted then, if it was to be public, people must be aware that their identity will become known in due course before they decide to sign it. We gave given notice of our intention to oppose the Question that Clause 8 stand part of the Bill to ascertain from the Government what their present thinking is as to whether a recall will be by a secret vote or by a public petition. At the moment, the Government seem to have come to no conclusion. We would like to suggest a way forward. The Government have had nearly five years to decide on this issue, which is fairly key to the working of the Bill, but have failed to come up with a conclusion. They are therefore in need of some help, which I hope the Chamber will provide.

The Constitution Committee noted that,

“signing a recall petition is a public act”.

Indeed, the Government conceded that,

“whereas at an election the way in which the person has voted remains secret, this secrecy cannot be maintained absolutely through the process of signing a petition as there is only one way in which a person may sign”.

Unlike elections or referendums, on which a large amount of the Bill has been drafted, there will not be an “against” box on the petition signing sheet. Furthermore, if the Government intend for a marked register to be available, the list of “for a recall” will become public, moving away from the notion of secrecy. There is nothing to stop organisations filming who goes into the signing venues or, as I mentioned earlier, stop those of us who lobby for one side or another and mark who goes in and who comes out. Indeed, we would ask for polling cards, as voters will be given polling cards in the same way as normal. I do not need to explain to the House how quickly videos or images can be circulated on a variety of different platforms, digital or otherwise.

It is crucial that a clear decision is taken as to whether this will be, in effect, a public petition or a secret act, which could be done not dissimilarly from the way suggested by the noble Lord, Lord Hamilton, who is not currently in his place, in Amendment 51, by having separate “for” and “against” forms. Whatever the final decision, it must be clear in the Bill and voters must be informed of it well in advance.

This is a complex issue, about which I, for one, have yet to decide. There are strong arguments on both sides. However, my concern is that this has not been fully discussed and the Government have not, to the best of our knowledge, engaged stakeholders, such as the political parties, the Electoral Commission, the Electoral Reform Society, the Association of Electoral Administrators, or anyone else. Indeed, when we met the Electoral Commission, it seemed unaware of this as an issue and had not really paid any attention to it.

We really must have a greater sense of this—of the arguments on both sides and of the views of others—before Report. We simply cannot afford to leave it to the next Parliament—or, even worse, to the triggering of the first ever recall—to take a decision on this. Everyone needs to be clear about the process before the first such petition happens. Therefore, as a Parliament, we need to decide now, but informed by research and consultation, which sadly has yet to take place. After that, we can see the regulations, the information to be given to electors and agree the exact procedures in the light of whether this is an open or closed petition. My suggestion to the Government is that they undertake that consultation before this comes back to the House. They should come back with a clear view based on the evidence of that consultation. That should be in the Bill and the relevant regulations could be so drafted afterwards.

[Lord Soley (Lab)]

My Lords, I share the concerns expressed. The Government need to think long and hard about the privacy issue. If this Bill had been put before the House in the 1970s or 1980s, there would have had to be a clause making it clear that it did not apply to Northern Ireland. Fortunately, I think we are over the worst of that but, as the Minister knows, it is still a sensitive area and I am not sure whether this will apply to Northern Ireland. I must admit that I meant to check that point but I did not. I also think that there could be real problems as regards the privacy issue in areas where there are ethnic or religious tensions. I am not sure what thinking the Government have had about that.

In view of all the battles, literally, over the centuries to get the secret vote, you can see why people might be worried about signing a petition in public or, worse still, signing without realising that it would be made public after the event. At that stage, people may want to take their name off the petition, to change their mind or whatever. I do not have any confident feeling that the Government have thought this part through. I look forward to the Minister explaining how he will deal with this, particularly in those areas where there are tensions and as regards expecting people to sign a petition but not to change their mind later and desperately try to get their name off.

--- Later in debate ---

[Baroness Hayter of Kentish Town]

My Lords, clearly the Government have still not made up their mind about this. What I most regret is the suggestion that this could be left to regulations. What we probably need is an amendment to the Bill at the Report stage because the question of whether this is going to be a public or a private act has to be clear before the Bill leaves Parliament. That is for us to decide if the Government really are not going to make it clear beforehand.

I think I heard the Minister say that consultations would take place with others outside before they come to a view on this.

[Lord Soley]

Perhaps I may draw attention to the fact that Clause 23 does actually extend to Northern Ireland. I ask the noble Lord to check that the Northern Ireland Secretary of State is aware of this, and whether she has any views on it.

Public Bodies Bill [HL]

Debate between Baroness Hayter of Kentish Town and Lord Soley

Monday 4th April 2011 Lords Chamber

[Baroness Hayter of Kentish Town]

My Lords, I start by paying tribute to the Minister, because this Bill has improved enormously since Second Reading. We have obviously lost Clause 11 and Schedule 7. I think that we might have achieved what my earlier amendments in Committee and on Report sought to achieve: namely, that in using these powers in the Bill the Minister should have regard to the purpose for which any bodies that are going to be abolished or changed were created in statute. I therefore very much welcome government Amendment 60A, which lays out that powers may be used only,

“if the Minister considers that the order serves the purpose of improving the exercise of public functions”.

However, perhaps there should be a couple more tweaks. Amendment 60AA, the first of the two amendments in my name, might appear to be about drafting, but its intention is to make it clear that the “public functions” that are to be improved should relate to the bodies that are going to be covered in those orders. That might be the case, but I seek a little more assurance about what is in the Bill, otherwise it is not clear; it could mean any “public functions” of a government or anything else. I think the purpose is meant to be the purpose of the bodies that are being merged or amended or whose funding is being changed.

Amendment 60C would require the Minister to have regard to,

“the aims and objectives of the body where these are specified in legislation”.

I have reiterated a number of times that I do not believe that every body must exist for all times in the same form. In the words of the legal draftsmen, I think it concerns “having regard to” rather than being an essential part of what the Government are doing. Will the Minister therefore confirm whether what I regard as the objective of “having regard to” really is covered by the words “public function”? I shall give a couple of illustrations, to which perhaps the Minister could respond. First, something of the overall purpose of a body—for example, the Marine Management Organisation—could, if it is not considered properly or given regard to, be undermined by a change in funding. The Minister will be pleased to know that I have no complaints about it being in Schedule 4, but unless my Amendment 60A is accepted it would seem to be quite legitimate for its funding to be taken over by, for example, an oil company that was intent on deep-water drilling, since the Minister would not be required to consider the wider objectives of that body. Provided there had been consultation, the Minister could do what he will without regard to the original purpose and objectives for which that body was created.

Secondly, Consumer Focus has statutory powers to demand information across all sectors of the economy. Is that a public function? If not, again there is nothing in the Bill to ensure that those statutory powers remain. Thirdly, a duty is placed on Consumer Focus to promote sustainable patterns of consumption, an area of growing importance given the Government’s targets on carbon reduction. Noble Lords will be well aware of the work done by Consumer Focus—for example, on smart metering and the Green Deal. Again, is that duty a public function? If not, it would need Amendment 60C to protect it. Fourthly, does the statutory duty of Passenger Focus to represent the interests of the travelling public count as a public function?

Finally, I am pleased that, after some hesitation, Ofcom has agreed to its communications consumer panel continuing until at least April 2012. However, the uncertainty that surrounded its future for many months, and the consequent risk of an advocacy gap for consumers, shows how important it is that during the passage of the Bill, but also when it becomes law, there should be no weakening of vital protections for consumers. I hope that the new formulation will ensure that there is never a lacuna between the ending of one body and the start-up of its functions elsewhere. Will the Minister give those assurances and consider, particularly on funding, whether certain things could be retained without having regard to the objectives set down in statute? I beg to move.

[Lord Soley]

My Lords, I will speak to Amendment 60A. I am a member of the Delegated Powers and Regulatory Reform Committee, which has given considerable thought to this. However, I speak for myself and not the committee—as is always the case, of course.

I remind the House that the committee’s 11th and 12th reports are in the Vote Office now. Paragraph 12 in the 11th report states:

“If these expansive powers are to be delegated by Parliament to Ministers, it is important that, as a minimum, the general purposes for which Parliament expects the powers to be used should be set out on the face of the Bill, and this is not currently the case. The Committee therefore concludes that, as they stand, clauses 1 to 5 remain inappropriate delegations of legislative power”.

Quite rightly, the Minister has indicated that that is what Amendment 60A seeks to address. I am sure that he has put his usual effort into it, because I agree very much with my noble friend Lady Hayter that the Minister has gone a long way to improving this Bill—not least with the sunset clause, as the Delegated Powers and Regulatory Reform Committee recommended, which is a very important move. Indeed, I suspect that if the Minister had control of this Bill from the beginning, it might not have been such a mess in the first place. He must take some credit for that. Whether that helps his career or not is another matter, but I am afraid I cannot handle everything from here.

The amendment still deals with the issues under which the Minister may make an order. It refers to these fascinating words:

“efficiency … effectiveness … economy, and … securing appropriate accountability to Ministers”.

I always wonder how courts cope with things like this. Presumably if a body, an organisation, or an individual for that matter, chose to challenge a decision, it would first have to show that it was focusing on one of these issues. Then, if the court were asked to adjudicate, it would have to adjudicate on that basis.

This is where we come to the second issue. In its 12th report—the latest one that came out the other day—the Delegated Powers and Regulatory Reform Committee says in paragraph 8:

“It is for the House to consider whether Amendment 60A provides an effective indication of the purposes for which Parliament will expect Ministers to use their very broad powers under clauses 1 to 5”.

I would like a little more from the Minister on that. I am not sure how anyone is to interpret the phrase:

“improving the exercise of public functions”,

and,

“efficiency … effectiveness … economy, and … securing appropriate accountability”,

without either giving up in the face of a stronger government position or challenging it in court. I do not think that I am not alone in having concerns over many years, and over many Governments, about this increasingly blurred area between what Parliament says and means and the courts having to interpret it, which gets harder by the day.

The phrase,

“improving the exercise of public functions”

could be used in almost any circumstance. You could put it into almost any Bill, stand by it and say, “This is what the Government have decided and we will now have the powers delegated to us to carry it out in the way we think fit”. We should remember that when we delegate powers in this way, we are handing very broad powers to Ministers, which was the issue that concerned the committee. I would also argue that these powers are not clearly defined, so I would like a little more explanation from the Government. Indeed, I wonder where the words,

“improving the exercise of public functions”,

came from. I have a sneaking suspicion that, having read the 11th report, the Minister or his staff decided that they had to come up with something better. Since there is nothing in the Bill, the best they could manage to come up with is this phrase. Again, it could appear in almost any Bill, but if we go down this road we will start producing Bills that will hand over even more power to the courts to interpret. It is a bit late in the day, but I wonder whether the House is really happy about Ministers having this much power delegated to them in increasingly difficult areas of definition.

Parliamentary Voting System and Constituencies Bill

Debate between Baroness Hayter of Kentish Town and Lord Soley

Tuesday 25th January 2011 Lords Chamber

[Lord Soley]

Absolutely. I am no great expert on voting systems, but my understanding is that certain PR systems inevitably destroy the constituency link. I think that the list system is one of those. It is true that AV+ and one or two others allow for the constituency link to be kept, so it need not be ruled out. However, if you are going down the way of full equalisation of votes—that is, a full PR system—it is hard to maintain the constituency link. The acceptance of the Isle of Wight as an exception is a recognition of the importance of community.

All that my noble friend Lord Harris said about London is true. I have spent an awful lot of my life in London—I spent some time in the Mersey area when, for reasons that were beyond me at age five, I was taken from the bombings in London and moved to Liverpool, where I thought that they were trying to get me the second time round because they had missed the first time—and I agree that the Thames presents an interesting issue. I do not wish to dwell on the issue, but my noble friend Lady Hayter made the important point about the powerful impact of such factors on people’s lives. The south and north of the river are very different.

However, I do not entirely disagree with the noble Lord, Lord Cavendish, when he says that rivers can unite. I do not know whether this was just an experiment, but there was an interesting attempt in the early 1980s—by, I think, a group of companies connected with the river, including, if I remember rightly, Thames Water—to form a group of riparian MPs comprising those of us whose constituencies fronted on to the water. It was felt that the river’s importance was not truly recognised. I was enthusiastic about that, but I have to tell the noble Lord and others that the attempt failed. That was a great pity. In my case—I was representing Hammersmith at the time—the group ended up dealing with all the house-boat people. I distinctly remember having meetings on house-boats near Cheyne Walk. I do not know whether my noble friend was there at the time, but this would have been in the early 1980s so I guess probably not.

[Baroness Hayter of Kentish Town]

Would my noble friend accept that we were no trouble at all?

[Lord Soley]

That is a relief to hear, but I remember that someone else there caused some trouble.

The point is that the river is important, but it divides. You would have had great difficulty organising community activity across the river. If you ran a campaign because someone had led off with an issue—not necessarily on school closures but perhaps on other wider issues—it was really difficult to unite people across the river. Transport was another example. For reasons that I understand are to do with the geography and soil of the south, it is difficult to provide underground systems south of the river. Getting a campaign going on underground links was difficult or almost impossible because—with the exception of one or two links, such as the Victoria line, that cross the river—everyone south of the river wanted to talk about buses either on their side or on the northern side. Where there are real issues about community, the river is an important factor. Given that the Government have moved, or I hope have moved, on the Isle of Wight under pressure from the House, we need to recognise that there are other divisive factors. The further you go down the River Thames towards the mouth of the Thames, the more impossible the issues become, although constituencies quite commonly cross the Thames at the Oxford end.

The community bit is important. We need to give the Boundary Commission much more flexibility—as we have said a thousand times—so if the Government were prepared to move towards 10 per cent, if they were prepared to make any movement at all, that could help significantly. While the Government are not prepared to talk or move, that makes it difficult to ignore individual cases, whether those relate to the Thames, the Tyne, the Mersey or whatever. We then have to address these issues, which seems a rather painful way of making these points.

As I mentioned before, another factor that came out of the research that was done on my constituency casework was that the majority of an MP’s cases—this seems to apply particularly in inner city areas—come from the wards immediately round the centre. The further that you try to go out, the more difficult it is to reach out unless you go to those areas. I know that that happens all the time in rural areas—you have to do it, and I know that you can get round it to some extent with modern technology—but the reality is that that brings home the importance of the community.

Indeed, when I represented Hammersmith for many years, my constituency was virtually the smallest in the UK. I had grand plans to persuade the Boundary Commission to let me link up with the north-west coast of Scotland, so that I could do that in the summer and Hammersmith in the winter, but the Boundary Commission did not buy that. The important thing for me was that, when the size of the constituency was increased and I took over the Ealing-Acton part, there was a significant difference between the outer London borough and the inner London one. The groups in the inner London borough had a different psychology.