Recall of MPs Bill

Debate between Lord Jackson of Peterborough and Mark Durkan

Tuesday 21st October 2014 Commons Chamber

[Mark Durkan]

I certainly believe that hon. Members should be clearly protected when expressing their views properly, honourably and honestly as legislators in this House. I firmly believe that legislators should be properly protected in doing their conscientious duty in this House, but when someone is elected for one party and suddenly flips to join another, a constituency should be able to recall that MP. That is why I support amendments such as those proposed by the hon. Member for Richmond Park.

[Mr Stewart Jackson]

I am afraid that kind words butter no parsnips. If the hon. Gentleman supports the amendments proposed by my hon. Friend the Member for Richmond Park (Zac Goldsmith), he is essentially allowing a value judgment by a minority of the electorate in each constituency, subject to the recall procedure, to be the determinant factor, so he cannot give that guarantee on, for instance, a moral or conscience issue.

[Mark Durkan]

I am almost being prompted to speak specifically to some of the amendments. The hon. Member for Gainsborough (Sir Edward Leigh) asked me about a decision being taken by this House to, in effect, activate the expulsion proceedings—the right hon. Member for Haltemprice and Howden (Mr Davis) was right to say that this is an expulsion Bill, rather than a recall Bill. The principle of recall is meant to be in the hands of the voters. The voters in a constituency elect an MP and the power of recall is meant to lie with them, but the Bill is not about a power of recall that lies with the voters. It is about the power to initiate a recall petition being in the hands of this House or of the court; and, particularly if the process was activated because that Member’s views were not comfortable for others in the House, an election would be called simply on the basis of 10% of the constituents signing a petition. It is wrong that a recall should be triggered, with someone losing their seat and having to go into a by-election, on the basis of 10% of the vote.

--- Later in debate ---

[Mr Jackson]

I understand. Let me put it on the record that my hon. Friend is a decent, diligent and caring Member of Parliament who wants to see this House improved and its reputation enhanced. I have never resiled from taking that view and his motives are not ignoble. None the less, we may have mission creep, whereby powerful groups, elites and well-funded individuals and organisations may use those particular mechanisms to oust Members with whom they bitterly disagree. Again, I will call on examples from the past. I ask the hon. Member for Foyle (Mark Durkan) whether his illustrious predecessor, John Hume, the Member for Londonderry, would have taken the same very brave and principled decisions against people in his own community and the other community in Northern Ireland were he subject to the vagaries and the vicissitudes of a recall process? That is an open question.

[Mark Durkan]

I worked for John Hume as his Westminster assistant for many years, and the truth is that he would have taken the same decisions. Nothing would have dissuaded him from his course. He came under great pressure not from his constituency but from the media and all sorts of establishments, and he stuck that course with the support of the people of Derry come what may.

[Mr Jackson]

I defer to the hon. Gentleman’s knowledge. Of course John Hume was greatly liked and respected in this House, but that does not mean that vexatious, pernicious and dangerous elements would not have sought to remove him using a recall process. None of us knows the answer.

In conclusion, the Government’s Bill is not perfect, but something that most people could possibly support. I will argue passionately and cogently against the amendments put forward by my hon. Friend the Member for Richmond Park, although I accept his bona fides in wanting to improve this Bill. We are pushing at an open door here. There is the danger that we will open a Pandora’s box. American congressmen can never really look at the big picture, because as soon as they are elected they are fundraising every two years. They can never really look at the strategic overview for their country, district, county or state. I suspect that something like that might happen with the recall process here in that we will be constantly looking over our shoulders at the mad, bad and dangerous to know, the pernicious and vexatious, which is why I will abstain on Second Reading and argue vigorously against the amendments of my hon. Friend the Member for Richmond Park.