Recall of MPs Bill

Debate between Lord Foulkes of Cumnock and Lord Finkelstein

Monday 19th January 2015 Lords Chamber

[Lord Finkelstein]

Well, I would be delighted to hear the proposals for recall that are not the ones included in the Bill. I believe that noble Lords have opposed almost every practical measure that could be considered for recall, but I would be delighted to be told differently.

[Lord Foulkes of Cumnock]

I wonder if the noble Lord, Lord Finkelstein, could help me—he is know -ledgeable about these things. Are there more journalists than Members of Parliament in prison at the moment; and what is the mechanism for recalling those journalists who hack telephones?

Recall of MPs Bill

Debate between Lord Foulkes of Cumnock and Lord Finkelstein

Wednesday 14th January 2015 Lords Chamber

[Lord Finkelstein (Con)]

I rise, noble Lords, as a friend of the Bill. I am sorry that I was not able to speak in the Second Reading, but I had a family matter to attend to.

Not for the first time, I do not find myself in agreement with the noble Lord, Lord Foulkes. It was obviously diverting to hear a list of Members of Parliament whom he admired. I felt, uncharacteristically, that he was ill informed about Zac Goldsmith. Even if I do not agree with him on all matters and even if the noble Lord is correct in observing irrelevantly that he is a multi-millionaire, he is actually an assiduous constituency Member of Parliament.

Might we have a self-denying ordinance in which we stop debating something that is not in the Bill? When we have presented to this House the bottom-of-the-slope Bill or the thick-end-of-the-wedge Act, we can have a discussion about the matters that concern those who have spoken in this debate and that would affect my noble friend’s concerns, but they are not in the Bill. There are a number of individual items, where we have to make a judgment as to whether it is sensible to give the public a chance to remove Members of Parliament if they feel that what has happened is significantly serious and that they should be allowed to do this.

The noble Lord, Lord Foulkes, said at the beginning that he was concerned that people would add triggers to the Bill. He went on to suggest a number of triggers that he would like to add to it. This seemed to me to be completely incoherent, although by the end I was reaching for a trigger myself.

[Lord Foulkes of Cumnock]

Perhaps I did not explain myself properly. I was not saying that I would like to add triggers, because I do not want any of them included. I agree with the noble Lord, Lord Cormack, that the general election provides the opportunity for recall. What I did say was that if you have the three triggers that are in the Bill now, why not have the others? They are just as logical; indeed, perhaps more sensible and logical. I am not saying that they should be in. However, there is a better argument for them than for the ones that we have in the Bill at the moment.

[Lord Finkelstein]

It would be up to the noble Lord to propose amendments on those, but we are discussing this amendment on the third trigger. The noble Lord, Lord Grocott, made an important point when he asked what is special about these kinds of offences that would not apply to other offences. The answer is that they are offences against the parliamentary process. They are ones that go to the heart of people’s confidence in the system here and therefore they are distinct and different. They ought to carry with them a greater threat to Members of Parliament. None of the proposals in this Bill would create a by-election; they merely introduce for the public an extra power which they do not have at the moment. I cannot see that that would be a threat to democracy. When someone proposes something where the proposal itself is the threat to democracy rather than hypothetically a threat to democracy, or a threat to democracy because someone else had proposed something earlier, I will be against that. When someone proposes the thick end of the wedge, I will be against it. For the moment, however, I cannot see the objection to giving the public the ability to use this trigger if they feel that the issue is something that is important to them, and I can see many circumstances in which they would use it. This is therefore a valuable addition to the Bill and I support the amendment.

--- Later in debate ---

[Lord Foulkes of Cumnock]

I could not have said it better myself; in fact, I did not say it better myself. That was an excellent explanation of it with which I completely concur. I tried to say that with increasing degrees of inability to do so.

My last question to the Minister is equally serious. Let us suppose that someone is given a suspended sentence. Does that count? It would be perfectly possible for me to say, when the noble Lord, Lord Finkelstein, appeared before me, “I sentence you, Lord Finkelstein, to a year in a prison, but I’m going to give you a chance and I’m going to suspend the sentence to see if you behave for the next year. If you behave, then that sentence will not be imposed”. Would that apply? I am not clear whether suspended sentences are counted in relation to the Bill. There is no guidance. It is just something that occurred to me. No doubt there will be many more problems in relation to the Bill which will come out during not just this discussion but if, heaven forbid, the Bill was to be triggered—to use that awful word—which we all hope it will not be.

Amendments 4 and 13 are probing amendments, but Amendments 3 and 16, which have been drafted by the Law Society of Scotland, are serious and important, because there is that inconsistency about offences committed overseas and there is also the question, raised in the second Law Society amendment, about offences committed before a general election. If the Minister cannot accept the amendments today, I hope that he will say that he will have a look at them between now and Report and see whether these two problems might be properly dealt with. I beg to move.

[Lord Finkelstein]

My Lords, I very much hope that if I am ever accused of a serious offence, the noble Lord, Lord Foulkes, will not be the judge. I want to run through a list of offences for which you can be sent to prison for less than a year: assault with intent to resist arrest; assault on a police constable in the execution of his duty; racially aggravated common assault; domestic burglary; fraud; false accounting; and sexual assault—this is obviously not a full list. In other words, it is possible to be sentenced for very serious offences for less than a year. All that this Bill does—and it is a very simple Bill; it is not, as has been repeatedly and falsely suggested a complicated, burdensome, cumbersome and expensive Bill—is to provide the general public with a simple mechanism which allows them to remove Members of Parliament should they see fit in circumstances that are limited in it. There are a very few common-sense circumstances in which people would expect to have such a power. We have discussed at great length today many ridiculous ideas which are not in the Bill and said how strongly we are against them, and I think that we can all agree that we would be against them if they were in the Bill or if anyone proposed them in future Bills. Therefore, there is great unity in the Committee on the subject of hypotheticals.

However, if we confine ourselves to the subject of what is actually in the Bill, is the House of Lords seriously saying to the general public, at a moment of disillusion with politics, that we wish to deny a limited range of powers to them which would be available to the boss of any employer in any company and would be used in the circumstances set out in this Bill?