Recall of MPs Bill

Debate between Lord Hughes of Woodside and Baroness Hayter of Kentish Town

Monday 2nd March 2015 Lords Chamber

[Lord Hughes of Woodside]

I understand my noble friend’s position as leading for the Opposition, but I know of nowhere in any election manifesto or decision where we stand or fall by a matter of 10 days, 15 days or 20 days. The principle is not being attacked in any sense by this amendment. I beg of her, as I have asked the Minister, at least to think about the possibility—without committing the party at the other end to change its mind—of looking at the matter afresh, just to give it a chance.

[Baroness Hayter of Kentish Town]

I am coming to the matter of days in a moment. It is right to reiterate what many people outside Parliament feel about when someone is judged to have done something that even their peers in the other place consider inappropriate behaviour. In most other walks of life, one would not automatically be able to continue in one’s job. Therefore, there should be a possibility for recall at that point.

The second point is whether the particular number of days, which is what we are discussing in this amendment, is the right one. A different proposal was made by the coalition Government at the beginning. It was debated in the other place, although it may not have been debated at great length, and it has certainly been debated here, in Committee and on Report. A judgment has always to be made.

Recall of MPs Bill

Debate between Lord Hughes of Woodside and Baroness Hayter of Kentish Town

Tuesday 10th February 2015 Lords Chamber

[Lord Hughes of Woodside (Lab)]

My Lords, I am puzzled by what the Minister just said: that signing a petition is somehow—what was the word he used?—“delicate” or “difficult”. I am astonished. My understanding is that, once the election is past, the marked register is available to be purchased by election agents and political parties. He talked about the marked register being a campaigning tool. We are obviously all totally against names being made available while the petition period is going on, but surely to goodness, if a citizen of this country is asked to determine the fate of a Member of Parliament, he or she should not sign that petition carelessly, without thought to the possible repercussions. I really think that the Minister is quite wrong on the attempted secrecy of the marked register. I hope he will reflect, because he is not doing democracy any good whatever.

[Baroness Hayter of Kentish Town]

My Lords, I thank those who contributed to this short, but very important, debate. The Minister responded only on one bit of it, in respect of possible intimidation. There is another issue, which is the openness of this new democratic process. He has not really addressed that. He has not addressed whether journalists standing outside a council office where there is a signing will be able to write in the newspaper the names of the people who have signed, or whether they are all suddenly meant to be unable to report what they have seen.

Somebody who is known could go in to sign. The journalist could say, “I saw Hayter going in to sign”, and presumably that would be completely legal. The Minister seems unworried by that. It is not just the marked register. Either this is open or it is not—and that is something that Parliament must decide. I may not have put it down the right way—perhaps I should have had an “either/or” approach, which is not here, asking whether we want it open or closed. As the Government have left it, it will effectively be open. If that is the case, that should be in the Bill, and I wish to test the opinion of the House.

Recall of MPs Bill

Debate between Lord Hughes of Woodside and Baroness Hayter of Kentish Town

Tuesday 10th February 2015 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, in moving Amendment 21, I will speak to Amendments 22 and 23 as well. Amendment 21, in my name and that of the noble Lord, Lord Kennedy of Southwark, is an extremely important amendment. Amendments 21 and 22 together would restrict donations to all campaigners in the recall process to our normal rules. Thus it would forbid non-permitted—essentially foreign—donors flooding a constituency with money that they would be banned from giving to political parties. These amendments are not an attempt to restrict the activity of non-accredited campaigners who could have an important role to play in a recall but to ensure that this group of campaigners does not have access to funds from individuals or companies not domiciled here, funds which, quite rightly, are barred to MPs and political parties. Amendment 21 would ensure that all donations to both accredited and non-accredited campaigners are allowed only from permissible donors as defined in Schedule 4 Part 1 of the Bill. Amendment 22 would ensure that donations to non-accredited campaigns are treated the same as for accredited campaigns and covered by PPERA.

In Committee the noble Lord, Lord Gardiner of Kimble, stated that all campaigners will be subject to rules on the content of their literature, including imprints, as well as rules on acting in concert, notional petition expenses and pre-election expenses. We welcome this but it leaves the key matter of donations unregulated. Let me paint a picture for noble Lords and indeed the Electoral Commission, which in a rather odd briefing to us yesterday said:

“It is not clear what … benefit there would be to control the source of donations over £500 to campaigners who are only allowed to spend up to £500 on a petition”.

It must have read the amendment wrong because Amendment 21 would control all donations, not just those over £500. I shall explain why this amendment is needed. As the Bill stands, 20 separate donations of £500 could be given to individuals or campaigns all from foreign donors completely under the radar, equating to the same amount that could be spent by the one accredited campaign of the MP concerned who, of course, can take no such money.

In Committee the Minister indicated that he did not want overburdensome regulations for smaller, non-accredited campaigns. While I appreciate this, I think the Government have gone too far the other way by allowing these campaigns to spend up to £500 without any restriction on the source of their funds, possibly all of which could come from non-permissible donations. Stopping money from abroad is important in itself, while reporting the source of donations should surely be expected of all campaigners during such an important democratic process that the Government have said they want to be open and transparent. I hope that the Government will therefore accept the amendment to rule out the possibility of donations which would not be allowed during a general election, or indeed at any other time, being suddenly allowed during this significant period—the petition to sack an MP. The Electoral Commission somehow has bought, without query, the Government’s assumption that a petition would not,

“attract significant amounts of spending”.

Neither it nor the Government seem concerned that perhaps that assumption is misguided. The lack of control over donations is a glaring omission from the Bill, which we seek to rectify.

Amendment 23 is about fairness. It would take big money out of the equation and have just two accredited campaigns—one in favour of recall and one against. It would create a level playing field for the two sides, allowing voters to hold their MP to account while allowing that MP to make the case for remaining their representative. The wording of the amendment, which would limit the number of accredited campaigns to two—a pro and an anti-recall—is modelled on legislation governing the Scottish referendum. In that case, which we are not seeking to repeat, an equal monetary amount was prescribed for each side. That we regard as entirely sensible and fair, and it should be replicated during a recall—not the giving of money to both sides but ensuring an equality of arms between them so that they can each make their case: one for a by-election and one against. There are just two sides to the argument and they should be equally matched. There can be no case, on the grounds of fairness, against that.

Without Amendment 23 there is no limit on the number of pro-recall accredited campaigns, each of which could spend £10,000, against the MP’s single £10,000, so that one side could outspend the other five or even 10 times over. For example, an MP in a three or four-way marginal could face the three or more parties defeated at the previous election, each of them able to spend £10,000 to force a by-election, and that is before any local or national group decided to take an interest in the matter. We surely have to regulate against this, otherwise the reasons behind a recall being triggered will be thrown out of the window and the issue will become one of asking, “Do we want a by-election?”. If it is a marginal seat or if the Government have a majority of one, the answer will be driven by that and not by the behaviour of the incumbent MP. Therefore, voters will not be signing to hold their representative to account for his or her actions but it will be a referendum on the popularity of the Government, the surge of support for a new, emergent party, a campaign on fracking or whatever. Money and broader politics will count, not the record of the MP concerned.

A recall petition will have been triggered by a single event—say, a sentence of imprisonment or 10 days’ suspension from the House. However, multiple groups could then run individual campaigns on grounds entirely different from the reasons behind the recall. These could be the voting record or beliefs of the MP, or the availability of a national platform to launch a campaign on some topical issue—Europe comes to mind, should a promised referendum not materialise. Without a limit on the pro-by-election campaign, myriad groups could make their case, each spending £10,000 on the back of their MP’s misbehaviour.

I note that the Electoral Commission, in its briefing, does not feel that it,

“should be given the responsibility of registering campaigners at an event that is confined to only one constituency”.

I do not think that it is for the commission to decide whether it is up to it, but if Parliament accepts the fairness of this amendment then either the Electoral Commission should do this to ensure that our politics are kept clean of big money or we can ask some other body to do so.

We support the recall process, as it follows a finding about an MP’s behaviour and gives the local electorate the chance to decide whether, in the light of that conduct, they still want the MP to be their representative in Parliament. However, that process must be fair. Our amendment would introduce a crucial element of fairness, an equality of arms and a top limit on the total expenditure permitted in the constituency during this process. It would also make sure that we had control over foreign money coming in during the recall process. I beg to move.

[Lord Hughes of Woodside (Lab)]

My Lords, I support my noble friend’s amendment. At an early stage this evening, the noble Lord, Lord Gardiner, said that he thought and hoped that the recall process would be effective and be conducted politely in a civilised manner. I wish that that were the case. I think that what divides us across the Chamber throughout this Bill is not so much the principle—I think we all agree with the principle—but how it will be approached. Some people may think there has been exaggeration of how bodies coming from outside the constituency to fight against the MP are calling for recall on issues unconnected with his or her particular misdemeanour; the fact is that that is what happens.

I will refer to something that happened a long time ago about how foreign Governments and parties can become involved in a British political event. When I was a councillor in the city of Aberdeen, I persuaded the town council to have a contract compliance clause in which no South African goods would be accepted. It was purely symbolic. If you bought a bottle of sherry a year, you were doing very well. It was an issue of principle. That clause went through. Unbeknown to me, the local shipyard had a contract to build two trawlers for a South African company. The next thing that happened was that on the scene came an organisation called the South Africa Foundation. I should say that the South Africa Foundation of the 1960s is quite different from any South African foundations today, which serve good, charitable purposes, so let there be no misunderstanding. At that time, the foundation said that unless the council rescinded that decision, it would have the contract cancelled. Imagine what the local press thought of that. I went down to the shipyard and spoke to about 300 workers. They said that they were going to build the ships. I said, “I didn’t ask you not to build the ships”. They said, “But it will stop the contract”. I said that the South African company was bluffing, and that, in any event, the South Africa Foundation was simply a front organisation for the South African Government. I did not deny that the South Africa Foundation and the South African Government had reason to come and challenge the views of Aberdeen. That was fair enough; their interests were at stake. But that was quite a different matter from trying to unseat an MP in a competition based on something else.

In the event, although I declared the South Africa Foundation a front for the South African Government, and it threatened to sue—I must say, that gave me some sleepless nights—it abandoned that when I pointed out that the organisation had on its letter heading South African Railways and Harbours Board, South Africa Marine, Eskom and all the South African industries which, in those days, were publicly owned and called parastatals. So that was dropped. That was simply one example of how they could come in. Had they decided to come in, with a lot of money, to unseat an MP—I think they would have done—that could distort the whole purpose of this recall Bill.

Although I share the views of many in this House who have declared that the Bill is unworkable and inflexible, nevertheless, I accept the general principle that MPs should not be totally free to do what they like. That has never been my position, nor is it, I believe, the position of Members on this side of the House. So, on the issue of funding, if there were strict control of funding in the general election, there would have to be at least the same limit on funding and a recall petition. It is straightforward and simple. I cannot believe that the Government would oppose this amendment in any way, as it is perfectly sensible and reasonable. So I hope that your Lordships will not think that those of us who oppose the Bill are taking rather fanciful, overblown or overdramatic views of the situation. Having been at the coalface for 27 years, I know how different bodies can go at things.

I want to say something that has nothing whatever to do with the Bill. I see in the press that the coalition is considering devolving abortion matters to the Scottish Parliament. I beg the Government not to do so. It is the most divisive issue of all in Scotland. What we need in this case is unity and some sense of proportion. However, perhaps the Minister will draw that to the attention of his colleague, the Chief Secretary to the Treasury.

Having got that off my chest, what we want to do—and we are all in favour of it—is to strengthen the House of Commons and Members of Parliament. We must try to regain—I was going to say the high regard that people had for MPs but I do not think people ever had a high regard for MPs. I think there was a misunderstanding. I think that MPs had some respect, which is a different matter altogether. We are reaching a stage in this Bill where, if we do not put this right, it will be a shambles. I hope that the Government accept this amendment.

Recall of MPs Bill

Debate between Lord Hughes of Woodside and Baroness Hayter of Kentish Town

Monday 19th January 2015 Lords Chamber

[Lord Hughes of Woodside]

My noble friend referred to the long period of time leading up to a general election. However, the moment a Member is referred to the Standards Committee, the whole thing will be under discussion in the constituency. Therefore, there is no need for eight weeks. People do not need eight weeks to make up their minds; two weeks is surely long enough.

[Baroness Hayter of Kentish Town]

There are two different issues here: making up your mind on the matter and the procedures involved. The questions I am asking the Minister are: why did the Government decide on this measure, and what is the appropriate period? Two weeks seems too short to get the whole thing set up and the registers ready. Indeed, we are talking about 12 weeks with a couple in between, given the eight weeks that have been mentioned, added on to a possible by-election lasting another four weeks.

I think that the noble Lord, Lord Finkelstein, now appreciates what my noble friend Lord Grocott said. The best thing would be to resign straightaway and call the by-election yourself, as the MP concerned, and go straight into a by-election, saying, “Yes, it is true that I have been kept out of the House of Commons for 10 days”—or whatever it is—“but that was because I felt very strongly about a matter; there was a Bill going through that I did not like”, or whatever the issue was. In that case, you are on the front foot. That is the point that my noble friend Lord Grocott was making. That would be a much more attractive proposition and might be the right way to tackle the matter—that is, by putting the MP in the control seat. Sadly, we have not discussed these issues fully and I do not think that the Government thought about adding the time for a by-election when they chose the eight-week period. They have some explaining to do about the choice of this period, particularly with regard to the discussions they have had with the electoral officers and the Electoral Commission on the eight-week period. We look forward to clarification on that.