Recall of MPs Bill

Debate between Lord Hamilton of Epsom and Lord Maxton

Wednesday 14th January 2015 Lords Chamber

[Lord Maxton (Lab)]

My Lords, I agree entirely. Perhaps I may make one very important point—I had a conversation in the corridor not that long ago with a very distinguished Member of this House, whose name I shall not mention, to this effect: we must always remember that denigration of politics is a denigration of democracy. Democracy and politics are hand in hand; they are opposite sides of the same coin perhaps, but they are the same coin and we should never forget that.

My second point is on the Standards Committee. There is a sense being expressed tonight that it is Back-Bench Members of Parliament who take decisions—they are often the right decisions—but the committee always works on the basis of a report and investigation done by the commissioner. Yes, the commissioner works for the committee, but it does not take a decision just on the basis of some wild allegations that have been made.

As I know to my own cost, the commissioner makes a thorough investigation, perhaps lasting several weeks if not months, and then reports to the committee. In most cases—not all of them—the committee goes along with that report. We should bear in mind that this is not just some ad hoc committee taking decisions on the basis of allegations; it is a serious committee receiving reports from the commissioner and making decisions based on a very thorough investigation.

[Lord Hamilton of Epsom (Con)]

But does the noble Lord not accept that, if the recommendation of the report is that the Member should be found guilty, the sentence is in the hands of the committee? This is what we are really arguing about, because it is when it comes to the sentence that party politics come into play. Therefore, because there is a party balance in one direction, you shove it over the 10 days, and because it is a party balance in the other direction, you put it at nine days. It is the sentence that is the critical thing, not the verdict.

[Lord Maxton]

I agree with the most of that, but the commissioner’s report makes a recommendation on sentence as well. In most cases—not all of them—the committee will agree with that report. However, I accept that, given the circumstances that we are now in—which is why I support the amendments—that might change and the commissioner’s report would not necessarily be upheld in the circumstances that the noble Lord outlined. At the moment, the commissioner gives a recommendation as to what sentence should be given. In quite a lot of cases, that recommendation is that the Member should appear before the House of Commons and apologise for their behaviour; it is often no more than that.