Recall of MPs Bill

Debate between Lord Gardiner of Kimble and Lord Martin of Springburn

Monday 19th January 2015 Lords Chamber

[Lord Gardiner of Kimble]

My noble friend is of course entitled to his opinion and has made the point a number of times about whether a party would reselect the candidate. I do not think that any of us can say, and it would depend on every circumstance that came forward. As I say, this is the Bill that is before us, and I think that the three triggers are reasonable. If they were not reasonable I would feel very uncomfortable, but serious wrongdoing is a point—

[Lord Martin of Springburn]

One point of clarification would help me. The noble Lord, Lord Hamilton, put the case that cars—and quite luxurious ones for that matter—could be used during the course of seeking petitioners. Can the Minister say whether there will be a financial limit on the amount spent for that petitioning purpose? In every other democratic system there is a limit, and a very strict one at that.

[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—

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

Debate between Lord Gardiner of Kimble and Lord Martin of Springburn

Tuesday 5th November 2013 Lords Chamber

[Lord Gardiner of Kimble]

I think it is important to get chapter and verse for the noble Lord and, indeed, for myself, because I would not want to mislead him in any way. That is the reason the Government, having thought about this particular point, felt that the House authorities should have continued to have the prerogative.

I turn now to the amendment spoken to by the noble Lord, Lord Martin. Again, it is designed to address the problem he has identified in relation to accredited parliamentary lobby journalists, specifically that some are acting as lobbyists and/or are servicing all-party groups. As my noble friend Lord Younger of Leckie observed in his letter to the noble Lord following his intervention in the debate on Second Reading, matters relating to the conduct of accredited lobby journalists and to the administration of all-party groups are the prerogative of the Office of the Parliamentary Commissioner for Standards. I understand, however, that a core requirement of many of the voluntary codes of conduct that lobbyists currently already sign up to require that they do not hold parliamentary passes.

I also understand that, pursuant to a resolution of the other place, holders of photo-identity passes as lobby journalists accredited to the Parliamentary Press Gallery or for parliamentary broadcasting are required to declare relevant interests on the register of journalists’ interests. That register is compiled and maintained by the Office of the Parliamentary Commissioner for Standards. The commissioner also has responsibility for the rules governing all-party groups and hosts the register of groups recognised by Parliament, who their officers are, and information about the source and extent of financial and material assistance received by groups from outside Parliament.

Given the oversight of these matters by the House authorities, I suggest that it would not be appropriate for the Government to legislate quite in the manner that the noble Lord has presented in his well meaning amendment. However, I will consider the points made by both noble Lords on their amendments and I shall certainly clarify the point made by the noble Lord, Lord Campbell-Savours. In the circumstances I have outlined, I hope that he will feel able to withdraw his amendment.

[Lord Martin of Springburn]

My Lords, is the Minister telling me that I have the option of going to the Parliamentary Standards Commissioner if I find it to be the case that someone who is holding a Parliamentary Press Gallery credential is also holding a lobbyist’s credential? Is that what the Minister is saying? I find that difficult to take in because the Parliamentary Standards Commissioner must work within the rules and regulations of the House. He might say to me, “I am sorry, but there has been no breach of the rules. Reporter A can be a lobbyist as well as a journalist”.

[Lord Gardiner of Kimble]

My understanding, as I have said and as is set out in the letter the noble Lord has received from my noble friend the Minister, is that pursuant to the resolution, holders of photo-identity passes as lobby journalists accredited to the Parliamentary Press Gallery or for parliamentary broadcasting are required to declare relevant interests on the register of journalists’ interests. The letter also suggested that if the noble Lord had concerns, he should perhaps consider approaching the assistant registrar. However, I would like to take up the point that the noble Lord has posed to me because I want to be absolutely certain that what I am suggesting is correct. I want to clarify it because clearly that is the most important thing of all.

--- Later in debate ---

[Lord Gardiner of Kimble]

The prudent thing to do is to reflect on what both noble Lords have said. I will come back to them.

[Lord Martin of Springburn]

That sounds good to me.

Electoral Registration and Administration Bill

Debate between Lord Gardiner of Kimble and Lord Martin of Springburn

Monday 29th October 2012 Lords Chamber

[Lord Martin of Springburn]

Perhaps I may add to that. I am well aware of what the noble Lord, Lord Tyler, is saying. I suggested that we should have the informal ad hoc committee because I felt that the commission was not in touch with the real world, where people met electors. The Government had a bar on people who were formerly election agents—that is, professional election agents—but I felt that that was ridiculous, because the professional election agents had the skill and expertise, and they knew exactly what was realistic and unrealistic. However, the point I am making is that we are putting more and more responsibility on the Electoral Commission, and there should be strong liaison between the Government and the Electoral Commission to see that the commission is up to the job that it has been given.

[Lord Gardiner of Kimble]

My Lords, I am very conscious of the experience of both my noble friend and the noble Lord, Lord Martin, on these matters. I agree entirely that there needs to be dialogue between the Electoral Commission and parliamentarians so that this is very much a live issue.

I fully appreciate that I have taken some time over the 11 amendments in this group. Given the grounds that I have set out, it remains for me to ask the noble Baroness whether she is in a position to withdraw her amendment.