Recall of MPs Bill

Debate between Lord Maxton and Lord Howarth of Newport

Wednesday 14th January 2015 Lords Chamber

[Lord Maxton]

He soon got back: I accept that. My uncle would have been elected. It was he who coined the phrase: “Why should we bother counting my votes? Let’s just weigh them, because I know I am going to win”.

[Lord Howarth of Newport]

My noble friend has talked about an important case, arising from his family history and the history of this country. He has just exposed in the Bill that we are examining the inconsistency and confusion between the powers of the Speaker to suspend and the provisions for recall. Do not these demonstrate the regrettable failure of the House of Commons to examine and amend, thoroughly and satisfactorily, legislation of fundamental constitutional importance, and of fundamental importance to its functioning and future? Is that not a good reason why we in this House should feel entitled, with genuine respect, to offer our advice by way of amendments, so that the damage that the House of Commons is inflicting on itself through this measure may be lessened?

[Lord Maxton]

I shall finish by saying that I thoroughly agree with that.

Recall of MPs Bill

Debate between Lord Maxton and Lord Howarth of Newport

Wednesday 14th January 2015 Lords Chamber

[Lord Howarth of Newport (Lab)]

My Lords, the issue raised by the whole Bill and by this amendment in particular is whether the House of Commons still has the self-confidence and the self-respect to take responsibility for its own self-regulation. If you introduce the principle of recall, it is a very strong signal that it does not. If you then amend the original Bill so that you emasculate the powers and the capacity for useful action of the Privileges Committee, you demonstrate that the process is even more far gone. If you create a state of affairs in which the Privileges Committee has such greatly reduced scope and discretion to exercise its own judgment in relation to the particular circumstances of the cases before it, it becomes well nigh useless.

It is deeply sad—and, more than that, as other noble Lords have said, it is deeply damaging to representative democracy. I hope that even at this late stage it is not too late for the House of Commons to reconsider the matter. After all, there has been great public anxiety about the conduct of certain Members of Parliament and there was a crisis, but the rational and proper response to that is not to give up on the principle of self-discipline and self-regulation; it is to reform it and strengthen it and make it work effectively, and, that way, rebuild the public’s confidence in their House of Commons.

[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.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Maxton and Lord Howarth of Newport

Wednesday 2nd February 2011 Lords Chamber

[Lord Maxton]

My Lords, following the comments of my noble friend Lord Campbell-Savours, I wish to refer to postal voting. I know that my earlier intervention was not perhaps entirely helpful to him but the fact is that this matter raises another question. The referendum is a national referendum. Some voters will be registered at more than one address for work or other reasons. Many Members of this House are probably in that position. The register will entitle the person to vote in the local elections. If they have a postal vote for that local election, they will also presumably receive their paper for the referendum. However, they will also be entitled to vote on the referendum in Scotland or wherever their other home might be. However, if they receive the postal vote at one address, will that be marked on the national register to indicate that they are not entitled to vote on the referendum at their main residence? The Minister shakes his head as if to say that he does not know the answer. Now he is indicating that he does know the answer. That is fine. In that case I await his reply.

[Lord Howarth of Newport]

My Lords, my noble friend has raised two interesting points. The first concerns the prohibition against police officers canvassing. One can understand why, historically, this might be regarded as an appropriate provision. In some other countries—one might cite Egypt at present—democracy is highly imperfect and people may have real grounds for apprehension that the police might not be interested in improving democracy, so one can understand why there might be such a provision in electoral law. However, it seems to me that it must be a very long time indeed since that was a realistic apprehension in this country—at least I hope that that is the case. My noble friend makes a very good point that this must be a difficult provision—indeed, a discriminatory one—for members of police forces, who are entitled to vote as citizens and to talk about political issues with their friends and families. While conversation within the family might not be regarded as canvassing, there must be a rather imprecise definition of what this prohibition amounts to.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Maxton and Lord Howarth of Newport

Wednesday 15th December 2010 Lords Chamber

[Lord Howarth of Newport]

Do we not need to learn the lesson from, for example, the referendum on a regional assembly in the north-east, where the no campaign was led by business interests? That campaign was relatively well-funded and was clearly against Labour Party policy. In effect, therefore, it was significantly in the interests of the Conservative Party. Does the Minister feel that the lessons of that experience have been adequately absorbed and that the existing legislation to which the noble and learned Lord, Lord Mackay of Clashfern, referred satisfactorily covers such circumstances? Or does he feel that the legislation governing referendum expenses needs to be brought up to date in the light of that example of how money can be spent in a political cause but not overtly by a political party?

[Lord Maxton]

The noble and learned Lord, Lord Mackay, mentioned the internet. Perhaps I may give an example to follow on from what my noble friend Lord Howarth said about business people. Sir Sean Connery is a major benefactor of the Scottish National Party, but he is not a taxpayer in this country. He is not therefore bound by rules on expenditure if he is spending that money on advertising via the internet rather than by other means. I presume that there will be other business people, some from the Conservative Benches, who may be in the same position; that is, they are non-taxpayers but can use their money to influence the referendum through the internet in a way that is uncontrollable by the Act.