Recall of MPs Bill

Lord Martin of Springburn Excerpts

Monday 19th January 2015 Lords Chamber

[Lord Wallace of Saltaire]

My understanding is that the postal voter will be sent a form with the words as stated on the face of the Bill and will be invited to sign it or not to sign it. That would then go in and be submitted.

[Lord Martin of Springburn (CB)]

In all my experience of petitions, they are public documents. The other place is famous for petitions being laid before Parliament. This is a public record, but now we are discussing the introduction of an element of secrecy about it. The recall of a Member of Parliament is a very serious matter. We are working through a process to remove a democratically elected Member of Parliament and we are considering that some of the petitioners shall be secret. There is an old saying in the trade union movement: you should put your courage where your mouth is. Well, you should put your courage and signature in the one place as well. We are overturning a petition, a procedure which was in place before people had the vote—before we had suffrage. That is a very serious matter.

[Lord Wallace of Saltaire]

My Lords, I recognise that, but on the other hand the secrecy of the ballot is also a very serious matter. As I said earlier, it is a question of striking the right balance between the unavoidably public nature of a petition and the principle of the secrecy of the ballot. It is a matter that we will consider further and come back on.

--- Later in debate ---

[Lord Gardiner of Kimble]

My noble friend is of course entitled to his opinion and has made the point a number of times about whether a party would reselect the candidate. I do not think that any of us can say, and it would depend on every circumstance that came forward. As I say, this is the Bill that is before us, and I think that the three triggers are reasonable. If they were not reasonable I would feel very uncomfortable, but serious wrongdoing is a point—

[Lord Martin of Springburn]

One point of clarification would help me. The noble Lord, Lord Hamilton, put the case that cars—and quite luxurious ones for that matter—could be used during the course of seeking petitioners. Can the Minister say whether there will be a financial limit on the amount spent for that petitioning purpose? In every other democratic system there is a limit, and a very strict one at that.

[Lord Gardiner of Kimble]

I thank the noble Lord for that point. We will come to amendments on precisely those sorts of matters, so I am grateful to him for raising that.

Those are the points on the 10%. I turn to the new clause proposed by my noble friend Lord Hamilton about the counter-recall petition, which would be available for signing alongside the recall petition. That would allow constituents to indicate that they did not want the MP to be recalled from the House of Commons, and for a by-election to be held. The proposed new clause provides that, if the counter-recall petition were to be signed by at least 10% of the constituents, regardless of how many people had signed the recall petition the MP would not be recalled and a by-election would not be held.

The noble Baroness, Lady Hayter, raised the figure of 30%, but I will take it further. If up to 90% of the constituents signed the petition calling for recall, yet only 10% signed the counter-recall petition, despite a much higher percentage and overwhelming public support for the MP’s recall in this case—and I use a hypothetical case to show our concern—a by-election could not be held.

The proposals in the Bill are not for recall on any grounds. Although it is fully understood what those triggers are, a number of noble Lords have brought forward concerns about whether it was on the case of any grounds. These provisions in the Bill are for recall in cases of proven serious wrongdoing; I emphasise that deliberately because those are the triggers that would have to be met. Such is the seriousness of them that all those three triggers—