Recall of MPs Bill

Debate between Lord Young of Cookham and David Ward

Tuesday 21st October 2014 Commons Chamber

[Sir George Young]

The debates about Standards and Privileges Committee reports that take place on the Floor of the House are unwhipped business, and the Whips have no role to play in them. Indeed, I have been in the House when it has overturned one of the Committee’s recommendations. That is another safeguard that has been overlooked. The Standards and Privileges Committee does not have the last word; its recommendations go to the Floor of the House. The notion that Members of this House would validate a kangaroo court of Members upstairs is an injustice to them, for they would not tolerate it.

Having said that, I should add that I have a great deal of sympathy with some of the points that have been made today. For example, we could consider increasing the role of the Committee’s lay members, and consider whether it would be procedurally possible, in certain cases, to ask them to conduct the adjudication and publish the report. They could be the only voice in such cases if that found favour.

I think that one dilemma was put well by the hon. Member for Liverpool, West Derby (Stephen Twigg), who asked “Is it cause, or is it conduct?” In other words, are we going to hold people to account for their conduct, or for their cause? Our manifesto made it absolutely clear that recall would be linked to misconduct.

I see all sorts of risks in going down the path advocated by my hon. Friend the Member for Richmond Park (Zac Goldsmith), although I commend the way in which he opened the Back-Bench debate. For example, in this country MPs are also Ministers. Some unpopular decisions are being made at the moment: HS2, for instance, is controversial, although it has been validated by the House. Some Transport Ministers are in marginal seats, and the HS2 campaign is, I believe, fairly well resourced. It would not be impossible to achieve the 5% trigger in the constituency of a Transport Minister and to destabilise that Minister, who would be doing the work of the House. Other Ministers may be involved in such issues as fracking, planning or tuition fees. I envisage a real risk that Ministers who are doing the business of their party and the business of the Government will be destabilised by this mechanism.

I think that what the House ought to do on this occasion is honour the commitments that the three main parties made in their manifestos, and link recall to misconduct. By all means let Members develop the debate and consider the options that have been ventilated by those who support the amendments, but those are, perhaps, for another Parliament. I do not think that we should divert from the commitments that nearly all of us made at the last election. I think that we should get the Bill on the statute book and then, at a later date, explore some of the other amendments that have been proposed.

[Mr David Ward (Bradford East) (LD)]

Is the right hon. Gentleman saying that we are in danger of becoming obsessed with the process leading to a conviction without first determining the nature of the crime involved?

[Sir George Young]

I think that the process should be linked, if not to a conviction, to serious misconduct. As my hon. Friend knows, there are two triggers in the Bill. One is a custodial sentence of less than a year, and the other is a finding by the Standards and Privileges Committee that a serious misdemeanour has been committed. That must be validated by the House, and I think that it ought to be supported by the lay members. However, I am clear in my own mind that there is a distinction between cause and conduct. We heard from the right hon. Member for Holborn and St Pancras (Frank Dobson) about the case of Lena Jeger, and there are others who would have been caught if the Bill had been extended in the way that some have suggested.

I think that, on this occasion, we should stick to our commitment, and get the Bill on to the statute book.