Recall of MPs Bill

Baroness Taylor of Bolton Excerpts

Monday 2nd March 2015 Lords Chamber

[Lord Hughes of Woodside (Lab)]

My Lords, I think we are all agreed that this is not the time to discuss recent matters in the press. It is certainly not the time for your Lordships’ House to be apparently trying to make things easier for recalcitrant or erring MPs. I stress, as we all have, that none of us has any time for MPs who transgress the rules or MPs’ discipline in any form.

When we were arguing the case for 15 days rather than 10, it was not a matter of protecting MPs; it was a matter of justice. Things have to be done properly, which is what this House is about. In passing, I will say that I welcome the amendments that we will be discussing later when they are moved by the noble Lord, Lord Wallace, if only because they destroy the defence he offered that we cannot change what has been done in the House of Commons. The refrain we have heard throughout the amendments is that, whatever the case, the other place has decided and we must not seek to overturn it.

I know a lost cause when I see one and I appreciate that the chances are that the Minister will not accept this amendment. However, may I suggest to him a novel procedure? Would he perhaps accept the amendment on the understanding that the reason for doing so would simply be to allow the other place to look at the matter again? This is the last opportunity for that to be done; there is no other way for this to be discussed further unless the Minister accepts this amendment. If he accepts my suggestion of accepting the amendment on the understanding that it is purely and simply to allow further discussion in the other place, I give him my personal guarantee—and, I believe, the guarantee of everyone on this side of the House—that when it comes back there will be no opposition whatever if the Government decide to press on with 10 days.

[Baroness Taylor of Bolton (Lab)]

My Lords, I would like to add just a few words because this is an extremely important issue. I am very grateful that my noble friend has raised it again. The remarks made by the noble Lord, Lord Forsyth, show how complex the issue is, and yet it is treated as very simple. His comments about the withdrawal of the Whip and the inability of someone subsequently to stand in a by-election have not been discussed and fully thought through. I think that that shows how hastily this legislation has been pushed through despite the fact that people have been talking about it for many years.

However, I support the suggestion made by my noble friend Lord Hughes. In all the times that we have discussed this matter in the House, the Minister has never said why the Government have changed their mind and why they are sticking now to 10 days when they thought that 20 days was appropriate. Like my noble friend Lord Campbell-Savours, I have served on the Privileges Committee in another place. I can vouch, as he does, for the fact that the discussions on that committee—in my day it was under the chairmanship of the late Lord Newton—were never political. Discussions never led to a schism in the committee along political lines. I think that there is a very real danger that that is what will happen if we do not seek some changes even at this late stage.

[Lord Howarth of Newport (Lab)]

My Lords, I thank my noble friend Lord Campbell-Savours for persisting with this theme, and for bringing this issue back once again at Third Reading however forlorn the prospect of acceptance of his compromise amendment may seem to be—and it is. As other noble Lords have said, the issue that it deals with is one of very great importance for the House of Commons. I believe, in any case, that by introducing these provisions for the recall process, the House of Commons has demonstrated a catastrophic lack of self-confidence. Specifically, the means of policing its own affairs that the House of Commons has traditionally used is the operation of the Standards Committee. Through the provisions in the Bill, and particularly through the amendment brought in by the Labour Party to reduce the period of suspension from 20 days to 10 days, which would trigger the recall process, the effect will be greatly to reduce the practical capacity of the Standards Committee to perform its proper function.

If the House of Commons is to rehabilitate itself in the public esteem, it must be seen to be able to take responsibility, and to provide effective means to take responsibility, for matters of internal discipline and for disciplining Members of Parliament who transgress or commit serious wrongdoing. In so reducing the realistic scope for disciplinary sanctions that the Standards Committee can recommend to the full House, the House of Commons has portrayed a lack of self-confidence and done itself a deep disservice.

So I add to the plea from my noble friend Lord Hughes of Woodside that the Front Bench will accept the amendment simply to allow Members of the House of Commons to think again about this. Very few of them participated. Very few of them voted in the debates. Many of them did not realise the import of what was approved by the House. They ought to have that opportunity to think again, in their interests and in the interests of parliamentary democracy. I think that we in your Lordships’ House are fully entitled to offer our advice to them on this matter. As another House of Parliament, and as citizens, we have an interest in the integrity, good name and good functioning of the House of Commons.

--- Later in debate ---

[Baroness Hayter of Kentish Town]

I do not disagree that it is for the House of Commons to do that, but it has have taken a decision. My noble friends say that the Members did not know what they were doing—I would not make that comment—but they took a decision by 203 votes to 124 that this was the figure that it should be.

[Baroness Taylor of Bolton]

I understand the difficulty that my noble friend is facing, because she has been given a position and she has to try valiantly to defend it, but I do not think that anyone at any stage has explained why 10 days is appropriate. If, as my noble friend on the Front Bench is saying, it is for the House of Commons to make a decision, what is wrong with giving it the opportunity to reflect on this issue again?

[Baroness Hayter of Kentish Town]

My judgment is that it would come to the same view.