Recall of MPs Bill
Debate between Lord Gardiner of Kimble and Lord Foulkes of Cumnock(9 years, 8 months ago)
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Lord Gardiner of Kimble
I thank the noble Lord for that point. We will come to amendments on precisely those sorts of matters, so I am grateful to him for raising that.
Those are the points on the 10%. I turn to the new clause proposed by my noble friend Lord Hamilton about the counter-recall petition, which would be available for signing alongside the recall petition. That would allow constituents to indicate that they did not want the MP to be recalled from the House of Commons, and for a by-election to be held. The proposed new clause provides that, if the counter-recall petition were to be signed by at least 10% of the constituents, regardless of how many people had signed the recall petition the MP would not be recalled and a by-election would not be held.
The noble Baroness, Lady Hayter, raised the figure of 30%, but I will take it further. If up to 90% of the constituents signed the petition calling for recall, yet only 10% signed the counter-recall petition, despite a much higher percentage and overwhelming public support for the MP’s recall in this case—and I use a hypothetical case to show our concern—a by-election could not be held.
The proposals in the Bill are not for recall on any grounds. Although it is fully understood what those triggers are, a number of noble Lords have brought forward concerns about whether it was on the case of any grounds. These provisions in the Bill are for recall in cases of proven serious wrongdoing; I emphasise that deliberately because those are the triggers that would have to be met. Such is the seriousness of them that all those three triggers—
Lord Foulkes of Cumnock
For the last hour or so, led by the noble Lord, Lord Finkelstein, everyone has gone on about serious wrongdoing. We are talking about any period of imprisonment. When one appears before a magistrate, they can decide either to say, “Seven days in prison” or “A fine of £500”. It is entirely in the magistrates’ gift to do that. Some magistrates have political views as well, by the way. Someone could be put in prison for seven days instead of being fined £500, and this trigger would take effect. Is that not correct?
Lord Gardiner of Kimble
The legislation is very clear that if a Member of Parliament were convicted and sent to prison for seven days, they would be deemed to be in breach of criminal law. The point of the legislation is to enable a constituency or the electorate of that constituency to decide by the recall trigger and then by the by-election. The noble Lord is absolutely right: whether the figure is seven days or 11 months, as one knows, after 12 months there would be a disqualification under the Representation of the People Act.
Lord Foulkes of Cumnock
That is an automatic disqualification—I understand and accept that. However, the situation is that the magistrate has discretion as to whether to fine someone or send them to prison. I do not know if the noble Lord, Lord Finkelstein, has been a magistrate; I have. That could be a political decision, which could decide whether to trigger the recall petition. Therefore if I was sitting in the court and a Conservative Member of Parliament appeared before me, I could say, “I’m not going to fine him £500—that would be pointless. I’m going to send him to prison for seven days and immediately trigger that recall petition”. Is that not correct?
Lord Gardiner of Kimble
My Lords, I would be surprised if any magistrate did that—I think of the requirements to be a magistrate. The noble Lord was a magistrate. I would be very troubled if a magistrate put themselves in a position where they could be accused of taking a political decision. That would be a very serious accusation of the magistracy to think that it would take a political decision of that sort. I am also concerned about the suggestions about the Standards Committee that we heard. Those are very serious matters.
Lord Gardiner of Kimble
I will finish this—I am sorry. It would be a very serious accusation to suggest that people in public office who have very serious responsibilities, or those in the courts, were taking political decisions. I would be extremely worried by that. The Bill deals with the situation in which someone is imprisoned for up to 12 months when there is a trigger if someone is convicted. That would be a trigger, but it would not remove the Member of Parliament. If such a case arose, it would be very interesting to think what the nation thought. If it was suggested that a political decision had been taken by a magistrate, that would be a very serious matter.
Lord Foulkes of Cumnock
I have great respect for the Minister, but I am afraid that he is exhibiting a little bit of naivety with regard to that. If he thinks back to some cases in the past, he will see that on occasions decisions have been challenged as being made for less than dispassionate and objective reasons, so that can arise. I am saying that it is very easy for that trigger to be pulled in that kind of instance: a seven-day sentence would initiate it. That is not—as other noble Lords, such as the noble Lord, Lord Finkelstein, have described it—a very serious wrongdoing. It could happen because of a series of parking or speeding offences, or some other matter. All sorts of things could trigger that—such as getting your wife to say that she was driving your car.
Recall of MPs Bill
Debate between Lord Gardiner of Kimble and Lord Foulkes of Cumnock(9 years, 8 months ago)
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Lord Gardiner of Kimble (Con)
My Lords, I thank the noble Baroness for her amendment. Concern has rightly been expressed by noble Lords and in the other place over the impact of “big money” on the recall process.
Amendment 60, however, focuses on the opposite end of the scale—namely, the lower limit above which campaigners will have to become accredited. The noble Baroness’s amendment will lower this from £500, as currently proposed, to £50. She rightly asked about the justification for £500. It is based on the previous spending limit for third-party campaigning for or against a candidate at the election. Indeed, the current limit is £700. This will, we believe, therefore permit local groups to carry out a certain amount of campaigning, such as printing and distributing leaflets. That is the reason for that number.
However, all campaigners will be subject to rules on the content of their literature, including imprints, as well as the rules on acting in concert, notional petition expenses and pre-election expenses. Once a campaigner becomes accredited, a significant number of additional registration and reporting rules kick in. We believe that these will deliver transparency over what is being spent and who is providing the financial backing.
Lord Foulkes of Cumnock (Lab)
The noble Lord has moved on a little. Who is going to keep an eye on the non-accredited campaigners’ expenditure and how will that be done?
Lord Gardiner of Kimble
If the noble Lord could be a little patient, I will be developing the points on non-accredited campaigners as well.
Under these rules, the accredited campaigner must register with the petition officer and appoint a “responsible person” who acts in a similar role to an election agent. At the end of the recall petition period, a recall petition return must be provided to the petition officer containing details of payments made during the recall petition process and claims for expenses that have not yet been paid. Evidence must be provided for all payments of more than £20. The return must also contain a declaration on expenses incurred under the provisions relating to acting in concert, notional petition expenses and pre-election expenses. Accredited campaigners, except registered parties that are not minor parties, must also detail in the return the value of each accepted relevant donation, the date it was accepted and information about the donor.
In drafting the Bill, the Government have taken the approach that it would not be proportionate to require those wishing to spend relatively modest sums during the recall process to be subject to an onerous compliance burden. This approach has been supported by the Electoral Commission. In its briefing for today’s proceedings, it notes that a low registration threshold,
“may deter constituents from participating in local campaigns and would be overly bureaucratic for campaigners”.
The commission therefore opposes the amendment. The £500 lower limit proposed in the Bill will permit local groups to carry out a certain amount of campaigning, such as printing and distributing leaflets, without subjecting them to registration and reporting requirements required of accredited campaigners. A revised lower limit of £50 would not allow campaigners to do very much without becoming accredited. Indeed, it is hard to see that many campaigners would come in under this limit at all. Noble Lords may recall that during the passing of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 this House, and, indeed, the Opposition, supported measures to ensure that the burden on small campaigners at elections was proportionate.
Turning to Amendment 72—
Lord Foulkes of Cumnock
The Minister said that if I waited he would answer my question. He has not. Who will monitor the expenditure of non-accredited campaigners? There could be three dozen little groups, all spending £450, undermining the local Member of Parliament. Suppose it was a Labour Member of Parliament: there could be four dozen Tories, each spending £450, undermining the Labour MP who was up for consideration. Whose responsibility is it to keep an eye on this expenditure?
Lord Gardiner of Kimble
My Lords, I asked for the noble Lord’s patience so that I might give him a full reply beyond, “It would be the local electoral officer”. I am now in a position to do so. I hope that the noble Lord will understand that I was waiting for some assistance, which I now have. I had not forgotten and I certainly would not forget. Responsibility for the administration and conduct of the recall petition falls to the petition officer, whose role in that process will be analogous to that of a returning officer at an election in ensuring that relevant information is open to public scrutiny. I am looking for the point on unaccredited campaigners. Just so I am absolutely clear, all this will come before the local electoral officer, but I was waiting on a piece of information to give the noble Lord the answer that he requires. If he will allow me, while I carry on we might get something that gives further clarity.
Lord Foulkes of Cumnock
I think I know the answer: it will be this poor petition officer. Otherwise, who will do it? Who will carry out the monitoring of all these non-accredited groups or individuals? It will be very difficult to do that. First, you have to identify who they are, then you have to ask them to produce receipts, then you have to check them and add them up. It is a huge responsibility and I am not clear who will do this.
Lord Gardiner of Kimble
My Lords, it will be the same process as for an election. Who will be keeping an eye on non-accredited campaigners? It would be for the police and the courts if anyone had a problem with non-accredited campaigners and there was a feeling that they were not behaving appropriately. If there are any further clarifications for the noble Lord I will make sure that he gets them, but I have answered as best as I am able.
Turning to the noble Baroness’s other amendment, I clearly understand her point about extending the provision allowing the Electoral Commission to give advice and assistance to petition officers and accredited campaigners to all other campaigners. We recognise that understanding and complying with the rules can sometimes be challenging, particularly for those who seek to participate in electoral events for the first time. With this in mind, Schedule 6 amends the Political Parties, Elections and Referendums Act 2000 to allow the Electoral Commission to give advice and assistance to petition officers and accredited campaigners. PPERA already allows the Electoral Commission to give advice and assistances to other persons, such as returning officers and recognised third parties at elections.
In tabling this amendment, the noble Baroness rightly notes that the provision in the recall Bill does not explicitly state that this advice and assistance can also be provided to non-accredited campaigners. Non-accredited campaigners are likely to require advice and assistance in determining what the rules are and whether or not they are required to become accredited. I therefore appreciate the noble Baroness’s concern. The Government also want to ensure that non-accredited campaigners are able to access advice from the Electoral Commission in the same way as accredited campaigners. We consider that this will be the case as Section 10(3)(b) of PPERA allows the commission to,
“provide advice and assistance to other persons which is … otherwise connected with, the discharge by the Commission of their functions”.
I believe, therefore, that the point that the noble Baroness has raised is covered. The Government have given considerable thought to the matters to which she referred in terms of the level of £500 and have sought what we believe is an appropriate balance to transparency and participation. On that basis, I ask the noble Baroness to withdraw her amendment.
Recall of MPs Bill
Debate between Lord Gardiner of Kimble and Lord Foulkes of Cumnock(9 years, 8 months ago)
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Lord Gardiner of Kimble
I want to make sure there is clarity. I will certainly reflect on what is in Hansard. I do not want to suggest that I am in a position to come back at a further stage because I do not know the answer to this—but I want to consider all that has been said, given the point that the noble Lord made.
Lord Foulkes of Cumnock
I realise that the Minister is constrained not only by messages from the Box but by Ministers in the other place, Ministers higher up and so on—but he has been helpful, and I hope that he will use his helpfulness, eloquence and strength of view in his discussions with his colleagues and say that these anomalies have been raised and that they should be considered. I will ask Michael Clancy of the Law Society of Scotland to look at the comments as well and see if we can reword the amendments for Report to make them fit with what the Minister said and make them more comprehensible. I thank Michael Clancy and the Law Society of Scotland for the great help they have given.
I shall not table further amendments if I know that the Minister is going to come up with some suggestions, so I would be grateful if he would keep in touch with me and other Members of the House in relation to that. In the light of his helpful response, I beg leave to withdraw the amendment.
Sport: Accessible Stadia Guidance
Debate between Lord Gardiner of Kimble and Lord Foulkes of Cumnock
Lord Gardiner of Kimble
My Lords, first, the Equality Act prohibits discrimination against disabled people in the provision of goods, facilities and services. That is precisely why my right honourable friend Mike Penning, the Minister for Disabled People, and the Minister for Sport are so keen to ensure that, in their discussions with all sporting bodies, it is absolutely a fixture on the agenda of those meetings that this greater access is addressed and that clubs which ought to know better do better.
Lord Foulkes of Cumnock (Lab)
My Lords, I declare an interest as a former chairman of the Heart of Midlothian Football Club. Is the Minister aware that there is a country which is better than we are at access for disabled people, better at training young people in football, cheaper as far as access to the stadia is concerned and better in terms of all the facilities in the stadium, and whose example we could well follow? That country is the Federal Republic of Germany.
Lord Gardiner of Kimble
My Lords, it was quite an extraordinary match last night and, clearly, there are lessons to be learnt for many countries from the ability of those German players. However, it is very important that this country picks up on what we were so successful at in 2012 with the Olympics and Paralympics, as that legacy needs to transcend all sporting stadia.
Film Industry
Debate between Lord Gardiner of Kimble and Lord Foulkes of Cumnock
Lord Gardiner of Kimble
My Lords, perhaps I should include my noble friend in the list of accolades. I can do no better than refer to the president of Warner Brothers UK, who recently described Britain as in the centre of a “new golden age” of film. It is interesting that Warner Brothers is investing £100 million in creating new studios at Leavesden.
Lord Foulkes of Cumnock (Lab)
On this Lord’s day, it is a privilege to follow a reluctant hero in this House of cards—I have read them all, as well. Seriously, has the Minister had discussions with his Scottish counterpart about setting up a new film studio in Scotland, which is long overdue?
Lord Gardiner of Kimble
My Lords, I have not had direct discussions, but I understand that Creative England, which is funded by the BFI, is working with creative elements in all parts of the kingdom on that. I can also say that the British Film Commission, also funded by the BFI, is looking at places where international productions can invest. I know of a studio opening in west Wales, for instance, and I will look into what might be happening in Scotland.
European Union (Referendum) Bill
Debate between Lord Gardiner of Kimble and Lord Foulkes of Cumnock(10 years, 8 months ago)
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Lord Foulkes of Cumnock
My Lords, there is a problem here. I am ready to move Amendment 40, but no explanation has been given to my noble friends Lord Anderson and Lord Wigley on why their amendments have been pre-empted. With respect, either the Chairman, the Clerk, the Government or the mover of the Motion—there is an option; all four of them—should let the noble Lords, Lord Anderson and Lord Wigley, know why their amendments have been pre-empted. If they have, I am ready to move Amendment 40. If they have not, the noble Lord, Lord Anderson, is ready to move Amendment 33.
Lord Gardiner of Kimble (Con)
My Lords, it may be helpful if I read from the brief, which suggests that, if Amendment 28 is agreed to, we cannot call Amendments 31 to 39 inclusive because of pre-emption. That is the reason why we are moving to Amendment 40.
Ofcom: Public Service Broadcasting
Debate between Lord Gardiner of Kimble and Lord Foulkes of Cumnock
Lord Gardiner of Kimble
We should all celebrate Shakespeare’s birthday. In the arts and culture debate tomorrow, I might mention something about our most famous poet. I want to emphasise that Ofcom has now been in existence for 10 years and it is appropriate, given the huge technological advances in this sector, that we should look at how we could do things better.
Lord Foulkes of Cumnock
Will the Minister take on special responsibility for drawing to the attention of Ofcom and all broadcasting organisations the importance of balance in their output in the run-up to the referendum on Scottish independence?
Lord Gardiner of Kimble
I hope the noble Lord knows my own preferences on the matter of the referendum. Of course, impartiality must be absolutely key to anything we do, whether it is a referendum or general elections. It is part of the essence of public service broadcasting.