Recall of MPs Bill

Debate between Lord Goldsmith of Richmond Park and Lord Beamish

Monday 27th October 2014 Commons Chamber

[Zac Goldsmith]

I will in just a moment. The notice of intent to recall is the least formal part of this process and exists for only one reason: to ensure that where a recall petition happens, there is a genuine demand for it, and not only among a small handful of local cranks. The threshold is about right, but I have said to the Opposition and party colleagues that if they seek to raise it on Report, I would be happy to support it in the interests of achieving meaningful reform.

The third concern relates to the fear that Members would face endless recall attempts, amounting almost to a form of harassment, an issue raised several times in last week’s debate. I see no need for a limit, as the experience of recall around the world shows that its use is extremely rare and that it is used only in extreme circumstances. In 100 years of recall in the United States, where there are virtually no financial controls or controls on broadcasters and so on, it has happened only 20 times. There have been 40 recall referendums—

[Mr Kevan Jones (North Durham) (Lab)]

Will the hon. Gentleman give way?

[Zac Goldsmith]

I will in a moment, when I have finished dealing with this point. However, as I have said to the Opposition and to my colleagues, for the sake of achieving meaningful reform I would not oppose sensible proposals to establish some reasonable limit.

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[Zac Goldsmith]

When I have finished this point. Obviously, it would make no sense to limit the number of times a notice of intent to recall can be started because technically, that would enable one lonely crank in a constituency to exhaust those options for the rest of the constituents, with just a single signature. Logically, if there is to be a limit in this process, it would have to apply to the number of recall petitions themselves. I encourage the Government, the Opposition or any Member to bring forward a proposal on Report to set a limit on what would be possible.

[Mr Kevan Jones]

I also heard the figure of 40 being mentioned on the radio and in last week’s debate, but in the United States in 2011, there were 150 recall elections at various levels, with at least 30 in Michigan. Although the hon. Gentleman gives the impression that the method is not used in the United States, it is used extensively at all levels of government, and mainly by the Republican right to destabilise local Democrats.

[Zac Goldsmith]

I am afraid that I did not catch the data that the hon. Gentleman set out, so would he mind repeating those figures?

[Mr Jones]

In 2011, there were 150 recall elections in the United States—this is not just at state level, but at a local level—and there were 30 in Michigan alone. The hon. Gentleman makes a point about endless recalls but, in practice, people in the United States who are subject to recall do not contest the process, but resign.

[Zac Goldsmith]

The hon. Gentleman’s point relates to attempts at recall, not recall elections themselves.

[Mr Jones]

indicated dissent.

[Zac Goldsmith]

Yes, it does. In California, which has had more recalls than any other US state, there has been one successful recall of a governor, when Gray Davis was replaced by Governor Schwarzenegger. From 2011 to 2013, nine of the 120 elected representatives faced recall, but not one of those processes was successful.

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[Zac Goldsmith]

That is an interesting question. The structure of this place is such that those discussions could be quite difficult. The formal point at which we would be able to have them would be on Report. If my amendments are accepted, it would be for anyone in this House to table further amendments. If they want to do so with me and the Committee that I was part of, we can do that. I encourage the hon. Gentleman to get in touch with me—I am happy for him to do that—because this process should as open as possible. I will not dig my heels in on these matters, because they are not issues of principle but technical issues that can and should be addressed.

[Mr Kevan Jones]

They are not technical issues.

[Zac Goldsmith]

They absolutely are technical issues.

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[Mr Kevan Jones]

It is a pleasure to serve under your chairmanship, Mr Amess.

I support recall, as outlined in the Bill, for serious misdemeanours. Those of us who were in the House at the time of the expenses scandal knew that things had to change, and, as was pointed out by my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty), the proposal on which we are being called to vote today was in our manifesto.

I shall oppose the amendments tabled by the hon. Member for Richmond Park (Zac Goldsmith), and, although I know it is a dangerous thing to do, I shall support those tabled by the hon. Member for Gainsborough (Sir Edward Leigh). This must be the first and only time I have agreed with him about anything. I also want to say something about the attempt by the hon. Member for Somerton and Frome (Mr Heath) to find a middle way.

The Bill has been publicised as though it constituted a method of giving the electorate more of a say. It has been suggested that anyone who speaks against it does not trust the voters, and is somehow less of a politician because he or she is afraid to stand for election. It is a bit like being accused of being a witch. Well, each and every one of us has the guts to stand in every election, and to put our record before our voters. I have always said that the one thing that distinguishes all those who stand for election to Parliament or a local council, or for any other elected office, is that they have the courage of their convictions, the courage to stand before their peers and ask for their trust. We should recognise that, because it is an important principle.

I think that we may have given too much away to the unelected quango state and the like. We seem to have believed that if we fill organisations with independent people who have no political influence at all—I do not know whether they are born or develop—there will be better decisions. I am a great big believer in the importance of elected office. I think that it is something of which we should be proud, and for which we should argue forcefully as parliamentarians and other elected office holders.

The Bill is strange in that it has united UKIP with the far left in the belief that it somehow represents a radical way forward. I do not think that it does. I think that it is very dangerous. It does not empower voters, and it will undermine the democracy that we in this country take for granted.

The effects of the amendments tabled by the hon. Member for Richmond Park would be very simple. The amendments remove the notion that someone must be recalled on grounds of imprisonment or suspension, and allows the recall of Members for any reason. I think that this the first time I have ever heard a Member present the argument that his proposals will never actually be used. The hon. Gentleman said that it would be very difficult, and that the barriers were very high. Why put such a proposal on the statute book? Is it conning the electorate to give them something that is so difficult to achieve? Is the hon. Gentleman being dishonest with the people who he suggests will be empowered ?

[Zac Goldsmith]

Let me put the record straight. That is not what I said at all. I have never described the hurdle as impossible. I have said that it is a difficult hurdle—a deliberately difficult hurdle—which is high enough to prevent vexatious abuse, but low enough to be surmounted. Amendment 1 is deliberately designed in that way. It is nonsense to pretend that we are creating an impossible hurdle: I never said anything of the sort.

[Mr Jones]

Let me tell the hon. Gentleman what he said a moment ago. I did take notes. He said that it would be very difficult, and that the barriers would be very high. During our debate on Tuesday, he said:

“I know…Members worry that recall might somehow turn us into delegates and no longer representatives…but that is not realistic. Voters care about a wide range of issues”.—[Official Report, 21 October 2014; Vol. 586, c. 796.]

The hon. Gentleman was suggesting that the process would be difficult for some reason, but it will not be difficult. He and those who are backing him are implying that people will not be “picked off” because of the way in which they vote, which is complete nonsense.

In a speech that he made the other day, my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) gave the very good example of his predecessor Lena Jeger, who had argued strongly for abortion reform although her constituency was largely Catholic. Given the thresholds in the Bill, I think that it would have been easy for her to be recalled. Let me give another example. I do not think that the hon. Member for Richmond Park was here when she was in the House, but there was a very courageous Labour Member of Parliament called Ann Cryer, who represented Keighley. In the face of a great many personal threats and a great deal of local hostility, she argued against forced marriages and highlighted the issue of birth defects in the Asian community. She was also one of the first people to talk about issues that have now gained popularity—trafficking and the abuse of white girls in Keighley. She was very unpopular in the constituency.

Is the hon. Gentleman trying to tell me that somehow the Asian community in that constituency, or at least part of it, could not have put Ann Cryer under pressure by means of recall? I do not think that that would have been the case. She would have come under huge pressure. She received death threats on occasion as a result of some of the things that she said, and many of the things that she said were proved to be correct. Courageous people such as Ann Cryer should be free to speak out although large sections of their constituencies consider what they are saying to be wrong, or disagree with them. I think, knowing Ann, that had this measure existed, she would have acted in the same way, but she would have come under a great deal of pressure to temper her views.

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[Mr Jones]

rose—

[Zac Goldsmith]

Will the hon. Gentleman give way?

[Mr Jones]

Not yet. There is a convention in this House that we have to answer an intervention before allowing another one.

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[Mr Jones]

As my hon. Friend says, it is a rich man’s charter to pick off anyone who has views at odds with their own.

[Zac Goldsmith]

I thank the hon. Gentleman for giving way. He said earlier that the Colorado state legislators were recalled over gun issues, arguing that the Koch brothers had put millions of dollars into that campaign. In fact, the spending by those calling for the recall was exceeded fourteenfold by those arguing against it. Yes, big money is involved, but I think the hon. Gentleman has got the maths wrong. That aside, our proposals would have very strong limits on funding and, as I and colleagues have said, we would welcome even further controls, so his arguments are just nonsense.

[Mr Jones]

The hon. Gentleman cannot have it both ways. He cannot argue for his proposal and then say, following my raising the issue the other day, that if someone else wants to bring in spending limits, they can. He should have thought this through. He knows exactly what he is doing: this proposal will give powerful individuals with deep pockets a big influence over how our democracy is conducted. I am sorry, but I do not agree with that. It is wrong. The supporters of this proposal are saying, “Are you afraid of your electors? Are you going to give ordinary electors a say?” That is not what the proposal will do. It will give well organised, well financed individuals a lot of say over who sits on these green Benches.

Recall of MPs Bill

Debate between Lord Goldsmith of Richmond Park and Lord Beamish

Tuesday 21st October 2014 Commons Chamber

[Zac Goldsmith]

I could not agree more. That is precisely why I believe that we need a proper recall system—not some shenanigans conveying the impression that they give people recall powers without actually giving them any power at all—that would give Members, such as my hon. Friend and many others, a permanent implied mandate. In a few moments, I will explain why recall will help to give dignity and to restore nobility to this place, but if he thinks that I have not addressed his concerns properly, I invite him to intervene again.

Recall would allow people in extreme circumstances—where a clear majority of them have lost confidence in their MP—to remove their MP between elections. It would give people a sense of ownership over their democracy, which would help in and of itself.

Recall is not a new or radical idea. It exists in various forms in about 30 countries on five continents, including Poland, Canada, Germany, Japan, India, South Korea, Costa Rica, Taiwan, Mexico, Argentina, Peru and Ecuador. It has existed in the US for more than 100 years, and in Switzerland for even longer. It is a good idea—it works—and it is great that the mainstream parties have finally accepted it.

[Mr Kevan Jones]

I am very interested in what the hon. Gentleman says about recall empowering voters. In practice, would it not do what it does in the United States, which is to empower wealthy individuals who are not happy with what their representative is doing to mobilise against them? It would empower wealthy individuals, such as the hon. Gentleman, to influence events in a way that my ordinary constituents and I cannot?

[Zac Goldsmith]

I will explain why such concerns are groundless during my speech, but I will make one point, partly in response to the Opposition spokesman. Concerns about expenditure during the recall process are a matter for regulations; the amendments that my colleagues and I seek to introduce would not tamper with the Government’s proposed regulations on expenses. That separate technical issue can be very easily addressed.

[Mr Jones]

I am sorry, but that is not the point. Expenditure limits can be put on the recall election, but the campaigning in the lead-up to such an election would undermine the representative in getting their constituents—

[Mr Jones]

This is not about trusting the voters, but about putting influence in the hands of a small group of very wealthy individuals. If the hon. Member for Richmond Park (Zac Goldsmith), with the wealth he has, wanted to shift a Member of Parliament, he could do it.

[Zac Goldsmith]

The hon. Gentleman takes a very dim view of his electorate if he thinks that that is so easy. Irrespective of that, the two-month petition stage before a referendum will be regulated, so his cost arguments simply do not apply.

[Mr Jones]

What happens in practice in the United States is that individuals who take against a policy or a state or national representative can use their tremendous wealth to use a campaign in the lead-up to the recall election to undermine such a representative. The idea that that is somehow empowering the voters is not the case. Recall empowers very wealthy individuals who could then—

[Mr Jones]

I do trust the electorate. The hon. Gentleman should stop chuntering from a sedentary position. The fact is that recall will give influence over who the Member of Parliament is not to the majority of the electors but to a small group of very wealthy individuals.

[Zac Goldsmith]

To my knowledge, in the United States there are no limits on expenditure and on broadcasters; in this country, we have limits on both. Even during the 100 years of recall in that wild west environment of the United States, there have been only 20 successes out of 40 attempts. The hon. Gentleman’s arguments simply do not match the experience of recall anywhere in the world. They are complete nonsense.

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[Zac Goldsmith]

In one moment, if my hon. Friend does not mind.

In dozens of democracies around the world that use recall, it is hardly ever used. In the US, where recall has existed for 100 years—I have already made this point—it has been used only 40 times, and only 20 times successfully. California is the most active recall state in the United States. Only one governor in 100 years has ever been recalled, and there is not a single example of a successful vexatious recall campaign.

I know that other hon. Members worry that recall might somehow turn us into delegates and no longer representatives—a point made by the hon. Member for Liverpool, West Derby (Stephen Twigg)—but that is not realistic. Voters care about a wide range of issues, and it is rare for recall to be motivated only by one issue. People might disapprove of a Member’s position on one issue, but support them on a range of other issues. It is rare for one issue to be a deal breaker, and the history of recalls shows that that is very rare—I cannot think of an example of one policy issue being the cause and effect of a successful recall.

[Mr Kevan Jones]

Gun control.

[Zac Goldsmith]

There are no examples of that. There are examples of attempted recall on the back of gun control, but not a successful one. It is probably true, however, that where recall is possible MPs will think twice about making undeliverable pledges, which is not a bad thing. It is also likely that where pledges have to be broken, MPs would feel obliged to engage extensively with constituents to explain why that was necessary, and that is also a good thing.

Hundreds of thousands of constituents around the country have been sent the same template letter from Liberal Democrat Members, and been told that this measure will cost too much. I saw one of those letters a couple of days ago. Constituents have been told:

“Just one real Recall petition per constituency per Parliament could cost the taxpayer £100 million.”

That figure is completely bonkers. It inflates the Government’s own impact assessment by 300%, and assumes that each Member of this place will face the full recall—not just the 5%—at least once in every Parliament. If 650 Members of this place face recall in one Parliament, the cost is the very least of our problems.

Of course there are arguments against recall, but at their core those are arguments against democracy itself and against all elections. If those arguments prevail, I believe that we will have lost a golden opportunity, not just for voters but for us as Members of this great place. Recall would empower people to hold their MPs to account, and that ubiquitous moan that we have all heard—“You’re all the same; there’s no point voting and nothing will ever change”—would no longer make any sense. The mere existence of recall would give each of us an added, implied continuous mandate, and embolden us as a Parliament. I do not say that it would fix our democracy, but it would be a very big start.

Wild Animals (Circuses)

Debate between Lord Goldsmith of Richmond Park and Lord Beamish

Thursday 23rd June 2011 Commons Chamber

[Zac Goldsmith]

I have no idea. I do not know the politics and I do not know the Prime Minister’s position. I accept that the vast majority of the public are opposed to the use of wild animals in circuses, as—I believe—are the vast majority of Members of the House.

It is particular confusing that whereas the Government have a stated ambition over the course of this Parliament to reduce red tape and bureaucracy, their alternative to a straightforward ban affecting 30 or perhaps 40 animals is to construct a new regulatory regime, with licensing and inspections and the various associated costs. That goes against the Government’s general thrust and direction—and all for 30 or 40 animals. That makes no sense at all.

[Mr Kevan Jones (North Durham) (Lab)]

I agree with the hon. Gentleman about the strength of public opinion. Why were his Government and his Prime Minister prepared to have a three-line Whip for Conservatives until the hon. Member for The Wrekin (Mark Pritchard) stood up?

[Zac Goldsmith]

I began my speech by welcoming the change of heart over the past couple of hours. I have not been part of that process, so I cannot answer the hon. Gentleman’s question, but I am very pleased that we will have a free vote—it is the kind of issue that should have a free vote. I am very much on the record before the debate as saying that I would have defied a three-line Whip and voted for the motion, as a very large number of Government Members would have done. That is perhaps one of the reasons why we will now have a free vote.

The most disturbing aspect of the Government’s change of position is that it is not based on a change of heart. As a number of hon. Members have pointed out, the only reason we have been given is that the Government fear a possible EU legal challenge some time in future. The Minister was quoted in The Independent today, I believe, as saying that

“a total ban on wild animals in circuses might well be seen as disproportionate action under the European Union services directive and under our own Human Rights Act”.

If that is true, it is hard to imagine anything more embarrassing for the House. The Government are effectively saying that even though they want to do this minor thing, and even though the public would support such a move, they cannot do it because they no longer have the authority. What does that say about Parliament, democracy or this country?

Let me put it another way. What is the point of making promises up and down the country in the run-up to an election on the campaign trail if we no longer have the authority to fulfil even the most basic promise? That makes a mockery of parliamentary democracy in this country.