Recall of MPs Bill

Debate between Lord Hughes of Woodside and Lord Hamilton of Epsom

Monday 19th January 2015 Lords Chamber

[Lord Hamilton of Epsom]

Mr Goldsmith would be in a very strong position to hire his own fleet of cars, absolutely. I must confess that the other weakness that the amendment raises is that on the pathetic threshold of 10%, both sides may get 10%, in which case there would be an interesting stalemate to which I do not know the answer.

[Lord Hughes of Woodside]

My Lords, the percentage of people required to trigger the by-election is certainly a very serious matter. As the noble Lord, Lord Hamilton, has said, the issue of recall will probably not be decided by the constituents themselves, although they are the ones who will sign the petition. It will be decided, first, in the Procedure Committee. Weaning the Procedure Committee away from a quasi-judicial function will be sorely tempting but we do not want that to happen. Secondly, not even they by themselves will decide which particular trigger will be invoked. The decision will largely be governed in the boardrooms which the noble Lord, Lord Finkelstein, probably attends quite frequently. The editors of the national press will latch on to this as a good idea, as something which the public have been anxious for.

The noble Lord, Lord Wallace, who is temporarily not in his place, seemed quite taken by the fact that I said that a recall petition would generate great excitement. I perhaps chose my words badly—I should perhaps have said great activity, rather than excitement. By and large the discussions in your Lordships’ House have been sober, serious, not entirely dispassionate but, in the tradition of your Lordships’ House, have looked at matters carefully and seriously. Alas, the real world outside is not like this place—it is going to be governed by people’s particular prejudices.

I do not want to rehearse the speech that I am going to make later about the debate but, in relation to the way in which MPs are perhaps no longer free from the scrutiny as they once were, I remember one Friday in the other place when we were discussing a repeal of the Steel abortion Bill. It was a very difficult subject. Whichever side of the argument one was on, it was controversial. In some constituencies it is hugely important.

I was in the Lobby with a colleague who was unhappy about voting against the amendments to the Steel Bill. He said that he believed that the amendments should not be passed and the Bill should be left more or less as it was, but he was concerned about what might happen back home. I said, “Well, don’t vote. Stay out of the Lobby”. He said he would have to vote because it was the right thing to do. So we went through the Lobby and we voted. When we passed the Tellers, he almost turned to jelly. He said, “I’ve lost my seat. What am I going to do? It’s dreadful—I’ll be hounded out of the constituency”. I told him to nip into the other Lobby and cancel his vote out.

How did I know that that was possible? I knew because my then pair, the late Iain Sproat, had asked me if I would time-pair with him so he could take his wife out to dinner and I agreed. I was in the Library reading—a euphemism for having a snooze—and the Division Bell went off in the Library. My wife says that even now after I have been out of the Commons for 17 years, when the alarm clock goes off in the morning, I throw the blankets off, shout, “Division!” and start running down the stairs. I got up and automatically went through the Lobby and then realised on that occasion I was time-paired. All of us who are former Members of the House of Commons know perfectly well that the greatest sin one can commit in the House of Commons is to break a pair. I asked what I could do and they said, “Nip in and cancel it”. I was in mortal terror for two or three days that the local press would discover it and make a fool of me, but they did not notice. So I had good cause to tell this colleague to cancel his vote out and he did. That much I can vouch for. In those days, we were not under the same scrutiny.

What has been said—and I cannot vouch for this—is that if someone in favour of abortion wrote to that colleague and asked how he voted, he could send them the page of Hansard which showed that he voted the way that they wanted. If someone was against abortion, he could send them the other page of Hansard. It was a wonderful strategy, except that nowadays, within five minutes of a vote being declared in this place or in the House of Commons, it is published on the internet. That sort of strategy would not work now.