House of Lords (Expulsion and Suspension) Bill

Andy Slaughter Excerpts

Friday 6th March 2015 Commons Chamber

[Joseph Johnson]

There is a limited ground there.

Without primary legislation, the House of Lords cannot override the right of individual peers to receive a writ of summons. That would encroach on the Lords position as a self-regulating Chamber and could have other unintended consequences for parliamentary privilege, in that the courts could be asked to judge on the exercise of the powers.

To answer the question from my hon. Friend the Member for Wellingborough (Mr Bone), the Government support the retrospective application of both the Bill’s sanctions because the House of Lords already has the power to sanction a Member who is found guilty of misconduct as part of its inherent power to preserve honour and decency. Therefore, a peer who engaged in misconduct before the Bill came into force would have known that their actions had consequences. Although the power currently extends only to the ability to suspend a peer, it would seem extremely odd if the Bill allowed more serious past conduct to go unpunished or to be sanctioned less severely than it could be under the Bill. The public will expect misconduct that comes to light after the Bill comes into force to be dealt with, particularly the most serious misconduct.

On the final point that my hon. Friend the Member for Christchurch raised, given that there is considerable support for the Bill in the House of Lords, it can be expected that the Standing Orders that will give effect to the provisions will be passed swiftly after the Act comes into force. It therefore makes little practical difference whether the powers are dated from the coming into force of the Act or the coming into force of the Standing Orders. The Government therefore do not support any of the amendments in the group.

[Mr Andy Slaughter (Hammersmith) (Lab)]

I will be even briefer than the Minister.

The Opposition have supported the Bill throughout its passage. I agree with the Minister that the overall impact of the amendments would be to weaken the Bill and, thereby, damage its limited but important purpose.

The hon. Member for Christchurch (Mr Chope) spoke about amendment 6 in a moderate and plausible way. He always speaks in a moderate and plausible way. Sometimes—and I thought this might be the case today—what he says is actually moderate and plausible. However, I then listened to the even more emollient words of the Bill’s promoter, the right hon. Member for North West Hampshire (Sir George Young), and, like the Minister, I am persuaded that the amendment is not necessary. It is right to raise the possibility of retrospection but, as has been explained, the Bill is not pregnant with that danger.

We are therefore happy not only to support the Bill, but to oppose the amendments.

[Mr Chope]

What a short but fascinating debate this has been. I am glad that my hon. Friend the Minister had a chance to stand at the Dispatch Box and participate. During the latter part of his comments, I became more concerned because he made the case for retrospection in relation to misconduct that would give rise to expulsion. That is exactly the concern that I have.

We heard last week from my right hon. Friend the Member for North West Hampshire (Sir George Young) that one course of conduct that their lordships are keen to ensure results in expulsion is repeated breaches of offences. That means that if one was guilty of repeated misdemeanours, there would be the possibility of expulsion. There is therefore all the more reason why none of this should be retrospective. If repeat offences are to give rise to expulsion, rather than just a reprimand, that should only be prospective and not retrospective.

If the House had accepted the amendments in the first group, which we debated last Friday, I do not think that I would be so concerned, because those amendments would have linked the code of conduct much more closely to the provisions of the Bill. However, those amendments were not accepted. I remind the House what Lord Wallace of Saltaire said:

“I read the latest Code of Conduct again this morning, thinking that we need to be sure what we are on about. One of the issues that perhaps we need to discuss informally off the Floor is how far this measure is intended to refer only to conduct that is mentioned in the Code of Conduct or to egregious conduct of other sorts conducted by Members of this House. However, that is a question that we need not have in the Bill itself, but it is certainly a question that the Committee for Privileges and Conduct and others will need to consider at a later stage.”—[Official Report, House of Lords, 21 November 2014; Vol. 757, c. 650-651.]

When I read out that quote last week, I did not get any assurance from my right hon. Friend the Member for North West Hampshire that conduct would be confined to what is in the current code of conduct or in any changed code of conduct. As I have said, the code of conduct is not specifically linked to the Bill. What is in the Bill is “conduct”. Unless we have that safeguard, the Standing Orders of the other place could be amended to impact on conduct that took place prior to the amendment of those Standing Orders, but subsequent to the enactment of the Bill. In my view that represents a danger of retrospection, and I cannot understand why the Government are against this measure. They may say that it is unnecessary in the light of assurances that have been given, but it would not be the first piece of Government legislation that was duplication and unnecessary, so that in itself cannot be a convincing and decisive argument against it. Because of the obiter dicta of people such as Lord Wallace of Saltaire, who seems to have a rather different agenda from that discussed by my right hon. Friend the Member for North West Hampshire, we should make a final attempt to get one safeguard against retrospection into the Bill.

I will therefore withdraw amendment 1, on which we tried to vote last week, and instead I will test the will of the House on amendment 6. I beg to ask leave to withdraw amendment 1.

Amendment, by leave, withdrawn.

Amendment proposed: 6, page 1, line 17, after “Act”, insert “and any Standing Orders made under subsection (1)”—(Mr Chope.)

Question put, That the amendment be made.

--- Later in debate ---

[Mr Slaughter]

As I said earlier, I have supported the Bill at every stage so I can add my congratulations to those who have enabled its passage through to the statute book, including Baroness Hayman and the right hon. Member for North West Hampshire (Sir George Young), who—with his customary modesty—is not taking credit for it, although he should. I do not know where it stands in his legion of achievements in his many years in the House—that is a matter for historians to judge. As I have noted recently, he has been an excellent MP for North West Hampshire because of the excellent grounding that he got as an MP in Acton. He is one of the best things to have come out of Acton and we can perhaps therefore say that the Bill is, indirectly, another good thing that has come out of Acton.

We welcome the Bill. It is relatively modest in its ambition, but it is important, and those tend to be the two criteria that get private Member’s Bills on to the statute book. It is important that proper measures are in place to deal with suspension and expulsion in the other place, although of course the Bill is no substitute for the bigger and wider reforms—to which the Labour party remains committed and which we hope to see in the next Parliament—of hereditary peers and, as the hon. Member for Christchurch (Mr Chope) mentioned, the size of the other place. Some 116 coalition peers have been created since May 2010 at a cost of some £15 million a year. I am not sure that I agree with the hon. Gentleman’s suggestion that this Bill is a Trojan horse for mass defenestration of peers as a way of reducing their number: we will have to find another way to do that, and to introduce some democracy into the other place. I remind the House that substantial steps were taken by the last Labour Government, including reducing the number of hereditary peers to 92; people’s peers; the first elected Speaker; the creation of the Supreme Court, which separated off the judiciary; and the independent House of Lords Appointments Commission. We are, however, still looking for the essential formula for a democratically elected second Chamber, and I hope that we will adopt our proposal for a senate of the nations and regions. That is for the future. For the moment, I repeat our view that this is a good Bill and it is good that it will become law.