Recall of MPs Bill

Debate between Charles Walker and Angus Brendan MacNeil

Tuesday 21st October 2014 Commons Chamber

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Mention has been made today of the disengagement with politics in the wider context, but it might be good news for the hon. Member for Broxbourne (Mr Walker) that politics in Scotland is now going through a veritable purple patch—a renaissance, even—and that we have perhaps the most engaged and politically literate electorate in the whole of Europe.

[Mr Charles Walker]

Am I right in thinking that even the Conservative party is having a renaissance in Scotland?

[Mr MacNeil]

The hon. Gentleman might be on to something, but I think that it might have to be called a relative renaissance. Polls have shown that the Conservative party’s figures have not increased much, if at all, in Scotland, although they are above those of the Labour party. It is not really much of a renaissance at all. However, I do not want to be distracted by the political ill weather for Labour and the Conservatives north of the border, because that is not the matter before the House this afternoon.

I hope that there is much agreement on the idea of a recall Bill, but the disagreement lies in whether we should have an open recall Bill or the more prescribed recall Bill that the Government propose.

I want to say quite a bit about the Government’s attitude and approach to the Bill. The right hon. Member for Haltemprice and Howden (Mr Davis) was absolutely right to say that among the problems with the Government’s Bill are its reliance on the Standards and Privileges Committee and the justice of that Committee. The right hon. Gentleman told us that he had looked into that matter, and it did not surprise me that there was such a justice differential between those inside the gilded circle and those outwith it.

The proposal for a 10% threshold is dangerous. A safer mechanism for recall would involve a 5% threshold, followed by 20% and then a simple majority in a referendum. This process should be an extension of democracy and, if we get to that point, there should be a secret ballot—or an Australian ballot, as it was originally called. The prescribed route also carries the danger that it mentions trigger conditions, such as a jailing. Mentioning the conditions would make a recall more likely because it would light up the minds of those in journalistic circles, who would start to crank up the machinery that could lead to what history suggests might sometimes be the wrong steps being taken.

I am thinking in particular of Terry Fields, who was jailed for 60 days in 1991 and was probably released to a hero’s welcome, as indeed was Tommy Sheridan in Scotland, although he was not an elected politician when he was also jailed for non-payment of the poll tax. The hon. Member for Walsall North (Mr Winnick) made an important point about the Cyprus situation in the 1950s. He suggested that Members should be given a degree of latitude and have the freedom to speak their minds, because sometimes an uncomfortable truth is a great servant to us all.

The open route would allow us more easily to ignore some of the many reasons that the establishment might see as triggers for a recall, and allow us to take a more open approach. As the right hon. Member for Birkenhead (Mr Field) said in an intervention on the opening speech, it should be no longer MPs who define their own behaviour, but society at large. The open method allows the recall mechanism to be a dynamic process that takes account of circumstances. Some might feel that lying to the country or to Parliament to take the nation to war might reasonably be open to recall but that would not be included in legislation by the Government.

The overarching point is that recall should be a sanction of last resort. It should not be used much, and hopefully it will not be used much—it should be little needed and little used—but it is a sanction that should be available. At the stage we are at now in our ever-evolving democratic countries—evolving due to social media, certainly—the proposals before us would provide another arm of participatory democracy.

Whoever instigates a recall and whatever mechanism triggers it, it should have a reasonable chance of success. I mentioned the example of Terry Fields. He would have been re-elected anyway, and to use the recall mechanism against an MP who is clearly going to come back with a thumping majority would be an abuse. It should have a real chance of succeeding in removing the MP. As has been said, perhaps an MP removal mechanism is what it is. Therefore, and perhaps with the fear of the vexatious recall in mind as well, we might consider requiring a bond or deposit—some sum so that those engaged in this have to put some money where their mouths are, as do those who engage in elections or by-elections, in order for them genuinely to demonstrate to the wider public that this is not a whim.