Recall of MPs Bill

Debate between Lord Redwood and Tom Brake

Tuesday 21st October 2014 Commons Chamber

[Tom Brake]

I was not suggesting that was what the hon. Gentleman had in mind; I was thinking he might set up a party called the “One Nation Conservative party”.

[Mr Redwood]

Will the right hon. Gentleman give way?

[Tom Brake]

I need to make some progress.

The right hon. Member for Holborn and St Pancras (Frank Dobson) gave a very blunt critique of the Bill, which as a Member who is leaving the House he is perhaps in a better place to do than others.

The hon. Member for South Dorset (Richard Drax) asked how we restore faith in this place and was of the view that recall will not help. My view is that it will and, in fact, when the Political and Constitutional Reform Committee considered the issue and commissioned a poll, it found that the public do not understand why MPs can continue to sit if they have committed a serious crime and it also found that a massive nine out of 10 people thought that MPs who committed a serious crime should face a recall.

[Mr Redwood]

Will the right hon. Gentleman give way?

[Hon. Members]

Give way!

[Tom Brake]

I am sorry, but I am not going to give way. I want to pick up on a couple of points that were made by Members who were present during the debate.

The hon. Member for Foyle (Mark Durkan) made the point that hon. Members should be protected in doing their duties in this House. I am not sure that the amendments he is supporting will enable that to happen. I was pleased that we had two contributions from expert former Leaders of the House. My right hon. Friend the Member for South Cambridgeshire (Mr Lansley) put his finger on it immediately when he said that the issue is with Members being subject to a notice of intent to recall and the damage that is associated with that. He also asked a specific question about the Standards Committee. I certainly agree with him that the disciplinary procedures of the House must be robust and I welcome the review that a sub-committee of the Standards Committee is undertaking to consider its disciplinary procedures. These matters are for the House as a whole, but the Government would certainly support any amendments to the procedure that Members felt improved it. That might well include introducing measures that increase the role of the lay members and ensure that their views are properly represented.

My hon. Friend the Member for Eastleigh pointed out, quite rightly, that in some states in the US, after a recall petition, rather than a member of another party being elected someone from the same party is appointed to replace them. To draw too many parallels with the US is not very helpful.

[Mr Redwood]

Will the right hon. Gentleman give way?

[Tom Brake]

I will not give way, as I still want to respond to a couple of speeches.

I understand why the hon. Member for Newton Abbot (Anne Marie Morris) is proposing her amendment, but, in an intervention, the hon. Member for East Antrim (Sammy Wilson), who is not in his place, pointed out that simply having the name of the sponsor is not a solution as any vexatious individual or campaign can replace it with another when they need to. The hon. Member for Cleethorpes (Martin Vickers) spoke about the need to balance the rights of individuals with the risk of vexatious campaigns.

We were very fortunate to have a contribution from another past Leader of the House, my right hon. Friend the Member for North West Hampshire (Sir George Young), who pointed out succinctly that much of the debate is about cause and conduct. He comes down, as I do, on the side of this being about conduct, or misconduct, not cause. The hon. Member for Peterborough (Mr Jackson) made the same point about cause or conduct.

The hon. Member for Bournemouth West (Conor Burns) said, to summarise his speech, that it was time for us to grasp the controls in the cockpit of democracy. I would fully support that.

Finally, the hon. Member for Beverley and Holderness (Mr Stuart) said that the public feel cheated about the extra hurdles that he suggested we are putting in people’s way. However, I would say that the issue is more with the proposals made by the hon. Member for Richmond Park. They contain more hurdles, and the time it would take to complete them is longer than that proposed by the Government.

I welcome the support of the hon. Member for Dunfermline and West Fife (Thomas Docherty) for the Bill on Second Reading and we make no apologies for the time it has taken to introduce the Bill. I would prefer that we had decent, well-researched legislation than rushed legislation. He referred to police and crime commissioners and councillors. Clearly, the Government will want to consider them in the future, but they do not fall within the scope of the Bill. He also referred to the situation in Scotland, but this is clearly a matter on which the Scottish parties need to get agreement.

To sum up, I reiterate that the Bill is about providing public accountability when there have been proven cases of wrongdoing. I have tried to address the points that have been raised. The Bill proposes a recall system that is open and fair and that fits with our unique constitutional system and I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Deregulation Bill

Debate between Lord Redwood and Tom Brake

Monday 23rd June 2014 Commons Chamber

[Tom Brake]

This group of amendments covers accident investigation, parking contravention, driving, and private hire vehicle licensing.

New clause 4 and amendment 24 deal with rail accidents and, specifically, tram investigations in Scotland. They will remove a prohibition in the Railways and Transport Safety Act 2003 that prevents the Rail Accident Investigation Branch from investigating tram accidents in Scotland. The prohibition was originally included at the explicit request of the Scottish Executive because operation and safety matters on tramways are a devolved matter. Until now, this has not been an issue as there were no tramways in Scotland, and in practice the power would never have been exercised. However, now that the Edinburgh tramway has entered public service, the prohibition is no longer appropriate. This is a devolved matter, so the consent of the Scottish Parliament is needed. Scottish Ministers will support the legislative consent motion required to remove the prohibition.

The RAIB is already a UK-wide organisation. Its inspectors investigate accidents and incidents on all mainline services, including in Scotland, and currently undertake investigations of tramway accidents in England and Wales. RAIB inspectors already have the required investigative expertise and the necessary powers to conduct a thorough investigation and make recommendations to ensure that lessons are learned. Should there be an accident or incident on the Edinburgh tramway, it is therefore appropriate that RAIB inspectors should be able to undertake an investigation.

If the prohibition on undertaking investigations of tramway accidents or incidents in Scotland were not removed, RAIB inspectors would have no statutory power to investigate, so the safety implications of any accident or incident might not be fully exposed, and there might be repeat incidents if the root causes are not addressed. Although the new clause is only small, the implications for the continued safety of our rail network of perpetuating the prohibition are significant.

The RAIB has already shown its considerable value in contributing to our having one of the safest rail networks in the world. I of course hope that it will never be necessary for RAIB inspectors to be deployed, but we must not be complacent. This is an opportunity to remove a small legislative anomaly, enabling RAIB inspectors to apply their considerable experience and expertise consistently across the whole of the United Kingdom.

[Mr John Redwood (Wokingham) (Con)]

What has the accident experience of tramways in England been over the past year, and will the power include the ability to investigate pedestrians and drivers of third vehicles or bicycles that get caught by trams?

[Tom Brake]

I am afraid that I do not have figures to hand on accidents relating to trams in England and Wales, but I will write to my right hon. Friend on that subject. I assume that any investigation of an accident would assess its causes—for instance, if it involved a vehicle driving on to the tramlines—and would make recommendations about how to deal with such issues.

Government new clause 25 relates to changes in the use of CCTV for issuing parking tickets by post. The Government are concerned that the use of CCTV for on-street parking is no longer proportionate, and that local councils over-employ it to deal with contraventions when it would be more appropriate and fair for such contraventions to be handled by a civil enforcement officer. We have therefore committed ourselves to ban the use of CCTV for on-street parking enforcement. That was announced in September and re-stated in December 2013 as part of a package of measures designed to support high streets.

Under existing measures, when a CCTV camera is used by a civil enforcement officer to identify a parking offence, a penalty charge notice can be issued to the offender by post. In practice, that means that drivers may receive a parking ticket through the post several weeks after an incident, which makes it difficult to challenge the alleged contravention.

The Government are concerned that a proliferation of CCTV cameras for offences such as parking may undermine public acceptance of their wider beneficial use. To introduce the change, we need to amend legislation to prevent local authorities from relying so heavily on CCTV for parking enforcement.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Lord Redwood and Tom Brake

Wednesday 22nd January 2014 Commons Chamber

[Tom Brake]

That matter has been raised on a number of occasions. If he were involved in a firm of consultant lobbyists, absolutely, he would have to register as a consultant lobbyist.

[Mr Redwood]

Will the Deputy Leader of the House explain the position of a senior official who happens to chair a committee or run a quango that has decision-making powers?

[Tom Brake]

My right hon. Friend will be aware that the third-party register of lobbyists focuses specifically on Ministers or permanent secretaries. That is what is before us today.

We are not persuaded that the calls to capture communications with special advisers are sufficiently strong to justify amending the Bill in the manner that Lord Tyler proposes. We are, however, aware that the discussion about including such communications within the scope of the register is likely to continue. We therefore propose as a contingency an amendment in lieu that would introduce a power for the Minister to amend the definition of consultant lobbying provided for by clause 2 so that it could subsequently, if necessary, include communications with special advisers. Such a power would enable Ministers to extend the scope as suggested if and when they were persuaded of the case for doing so without the need for primary legislation. It should therefore assuage the concerns of those who have asked that we do not eliminate the possibility of expansion of the scope if it is justified in future.