Recall of MPs Bill

Debate between Lord Grocott and Lord Finkelstein

Monday 19th January 2015 Lords Chamber

[Lord Grocott (Lab)]

My Lords, perhaps I can claim a level of expertise about the recall of MPs because I myself have been recalled as an MP. I think I am right in saying that it is only the noble Lord, Lord Tyler, and myself who have had this happen—oh no, I see from looking round that there are three of us, so I had better be careful. The electorate decided that they did not want us as their MPs. I am totally in favour of the recall of MPs.

We have a system that works extraordinarily well; it is called a general election. Sadly, and I am repeating myself now, this Government have decided that we should have fewer general elections and that they should be once every five years instead of once every three years and 10 months, which has been the average period between elections since the Second World War. There is going to be a mass recall of MPs on 7 May, eight or nine weeks from now. Very much in keeping with my noble friend Lord Hughes’s remarks, we know that, so far, at least 80 of those MPs will not be there in the next Parliament. I am referring to those who have announced that they will be standing down, who may have very different views about the merits of a Bill like this than those in the current Parliament, which is well past its sell-by date. There will probably be—I never make firm predictions but I am speaking hopefully—a substantial number of other MPs, in addition to those who are voluntarily standing down, who will be asked by the electorate to spend more time with their families, just as happened to me, the noble Lord, Lord Tyler, and others.

Surely the democrat’s view of this, if we are going to trade democracy across the Chamber, would be to say, given that the Bill has been five years in gestation, with the Government clearly not wanting it but finally feeling that they have to produce some sort of measure: “Look, we’ve waited five years; let’s wait another six or seven months and if necessary, if the mood of the next democratically elected, newly enfranchised and sustained MPs is that we really do want this dog’s breakfast of a Bill, it should be for the new democracy that we will have after 7 May, when the composition of the House of Commons may be very different, to judge, not us in this fag-end Parliament”.

I do not have any difficulty on the grounds of democracy saying that this is a bad Bill that should not be brought in at this time. I have a specific reason, too: the more that you discuss the Bill, the more you realise that no MP in their right mind would subject themselves to this recall procedure. That is why I very much support my noble friend Lord Foulkes’s Amendment 39; at least he is acknowledging the inevitable truth, which is that if there is a period of eight weeks while people sign a petition, why on earth would any sitting MP voluntarily submit himself or herself to that form of torture? If the Procedure Committee and the Standards and Privileges Committees in the other House decide on a 10-week suspension, the MP knows at that point that the overwhelming likelihood is that a by-election will occur in due course because there will be so much negative publicity followed by an eight-week period when people in his or her constituency will have been persuaded by the media at all levels, local and national, that the right thing to do is for this MP to submit themselves to re-election. I would strongly recommend—this is certainly what I would do, heaven forfend, but no longer do I have to worry to the same extent about these things—that the moment they are subject to a disciplinary procedure that will result in recall, they should resign their seat. That is the obvious thing to do.

In a sense, the discussion that we are having is entirely academic because I cannot imagine anyone going through the inevitability of this long procedure and period of negative publicity, when at least a by-election is likely to take a maximum of four or five weeks—

[Lord Finkelstein]

May I just clarify something? Is the noble Lord suggesting that if the Bill is introduced, it will imperil MPs who have come under any of these conditions to resign their seats, whereas otherwise they might have remained in Parliament until the end of the period? That would be a very interesting clarification for us to have.

[Lord Grocott]

It would not impel anyone to do anything; but if this unnecessary Bill was on the statute book it would be a sensible decision for a Member of Parliament to make. I do not want to see that provision in the Bill—let there be no misunderstanding about that. I have already explained that I am in favour of general elections, not of frequent elections, as the noble Lord is.

[Lord Finkelstein]

Just for further clarification, the noble Lord suggests that one of the advantages of passing this legislation is that it will encourage people to understand that their position is no longer tenable, and therefore it would be an encouragement to those people to recognise the condition in which they find themselves and resign.

[Lord Grocott]

I am saying that they would be dealing with the ludicrous situation of an eight-week period—but I am repeating myself. What I am saying is obvious to pretty much everybody else in the Chamber; I am sorry that is not obvious to the noble Lord. Clearly, if that system was in operation—and to repeat myself, I do not think that it should be; it should be up to the electorate in a general election—yes, the least expensive case and, if you like, the more democratic mechanism would be for the electorate to make the decision swiftly in a by-election. However, I hope that this provision does not come into operation.

Recall of MPs Bill

Debate between Lord Grocott and Lord Finkelstein

Wednesday 14th January 2015 Lords Chamber

[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?

[Lord Grocott]

As the noble Lord, Lord Finkelstein, is saying that we need to be in the real world rather than dealing in hypothetical examples, could he give the Committee some examples of Members of Parliament, let us say in recent years, who would have been caught by this less than a year’s sentence of imprisonment triggering a recall, so that we can have some idea of the evil that we are now trying to put right?