Members of Parliament: Risk-based Exclusion

Debate between Christopher Chope and Charlotte Nichols

Monday 12th June 2023 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

It is a pleasure to follow the hon. Member for Bristol West (Thangam Debbonaire); perhaps she can answer the question why the Commission has changed its remit completely. In November last year, as I said in an intervention, it agreed to launch a consultation on excluding Members charged with violent or sexual offences from the parliamentary estate until such cases were concluded. That was limited to people who had been charged with violent or sexual offences.

The paper before us today says that that remit has been changed because one or two of the 22 people who responded to the consultation said it was too inflexible. What is the explanation for that change? It is said now that, because several consultees mentioned the need to allow for some flexibility in the system, the Commission’s approach is

“focused on the nature of the risk and the severity of the alleged offence rather than the stage of the criminal justice process”.

However, nobody has explained why we are making that change.

There is a fundamental difference between somebody who has been charged with an offence and somebody who has not. The person who has been charged knows exactly what offence they have been charged with. It is public knowledge. Connected with that charge is the ability of the courts to put that person on remand awaiting trial, either remanding them in custody or on bail and, if remanding them on bail, remanding them on particular bail terms and conditions. Sometimes those conditions can include a requirement that the person shall not go within so many hundred yards of a particular place or visit a house of an alleged victim or complainant.

If we stick to the original proposal from the Commission, if somebody has been charged with an offence and, when the bail conditions are considered, representations are made to the effect that somebody working in the House of Commons feels vulnerable or threatened by that person pending the conclusion of the proceedings, conditions can be placed upon that bail that would provide the necessary safeguards against the risk assessment. That process would be dealt with by the courts, it would be subject to appeal if the person concerned did not like the terms of those bail conditions and it could mean that, in certain circumstances, a person awaiting trial would not have the free run of this House of Commons if it meant he would be in close contact, in particular parts of the estate, with somebody who had brought an allegation against him.

That is a perfectly coherent, logical position. I note that one of the people who responded to the consultation effectively said that, if the charge is made and the person is the subject of bail conditions, those conditions could cover the scenario that we are concerned about. Obviously, if the charge is so serious, the person will be remanded in custody, so he will not be able to attend the House at all.

[Charlotte Nichols (Warrington North) (Lab)]

Does the hon. Gentleman know how long on average it takes for someone to be charged? What does he suggest might happen in the intervening period to ensure that people are safe, without having a risk-based policy such as that proposed in place? What does he suggest we do?

[Sir Christopher Chope]

The hon. Lady is prejudging the situation. She is saying that, if somebody makes a complaint and it is taking the police a long time to investigate it, the person under investigation should be jeopardised and treated as though they are guilty rather than innocent. I am not prepared to accept that as a proposition.

[Charlotte Nichols]

I am worried that the hon. Gentleman has misunderstood what I was trying to get across. I am not suggesting that somebody awaiting a charge is in any way guilty; that is the whole point of the fact that they are awaiting a charge. However, without a system that comes in before the point of charge—which can take a few years—and if measures should be taken to mitigate the risk to others, what does he suggest we do without the proposal we are discussing?

[Sir Christopher Chope]

In a situation where a specific person who is working on this estate has brought a complaint against somebody that is the subject of investigation but has not yet reached a charge, there is nothing to stop the House authorities making provision to look after that person and perhaps enabling them to be absent from the estate or to move somewhere else on the estate. There is no reason at all why an elected Member of Parliament should be put in jeopardy and face the prospect or the threat of being humiliated in public because he is the subject of an investigation—or she is the subject of an investigation.

Investigations are not the same thing as charges. That is why, in my view, the report we are discussing is ill-conceived and should be sent back and be subject to fresh consultation. Let the hon. Lady not forget that Members of Parliament are not subject to the Disclosure and Barring Service. As long as they are not currently serving a sentence of imprisonment of more than a year, they can stand and be elected as Members of Parliament while still on the sex offenders register. Are we suggesting that we should change the Representation of the People Act 1981 to restrict—

--- Later in debate ---

[Sir Christopher Chope]

I agree with the right hon. Gentleman completely. That is my concern. Essentially, this proposal opens the floodgates to vexatious accusations that will deny the accused the right to make representations or appeal against any decision to exclude.

The specific proposal before the House is that somebody who is the subject of one of these vexatious accusations would not have the right to make representations to the panel or, if they did not like the outcome of that panel, to appeal against the decision. The Commission goes on to say that the system will depend

“upon the provision of concrete information from the police… In practice, this is very unlikely to happen prior to an arrest.”

Surely, though, if the police have such concrete information, as it is put, there is nothing to stop them bringing a charge? If they bring a charge, the proposals that I have referred to will be triggered, but unless and until a charge is made, the provisions will not be triggered.

[Charlotte Nichols]

To go back to the question that I asked the hon. Gentleman in my first intervention, is he aware of how long it takes, from the point of arrest, to reach the point of charge? He says that if there is evidence, the police should charge people, and of course we all agree with that, but is he not aware that the average time for that to happen is between two and three years? That does not mean that there is no evidence in those cases for the police to act on.

[Sir Christopher Chope]

Such a lengthy period of investigation between arrests and possible charge is, I agree, totally unacceptable. It is capricious and oppressive. If that is where our criminal justice system is, there is plenty of room for improvement, but two wrongs do not make a right. Delays in the criminal justice system do not mean that we should intervene in an unjust way against somebody who is the subject of an investigation rather than the subject of a charge. That is a simple point. I think that the hon. Lady is biased in favour of the potential or alleged victims, while I am biased in favour of the person who is innocent until charged and proven guilty.

Certainly, prior to the charge, when there are accusations in the air, it is bad enough that the accused may not have any idea of exactly what will happen. We know from colleagues on both sides of the House that that sometimes has a severe impact on the mental health and wellbeing of the individuals who have hanging over them the threat of a potential charge and the knowledge that an investigation of their conduct is under way. The point I am making is that the police should bring forward proceedings quickly if there is evidence in such cases. Then, the bail or remand conditions would determine the risk assessment, which goes to the heart of this discussion.

Risks relating to risk-based exclusion of MPs should, in my view, be decided by the courts as part of that process. The proposal that we should do that in-house is completely wrong. The Commission’s proposal that two MPs and one non-executive member of the Commission should comprise the adjudication panel is even odder. That would mean that people who are not Members of this House and have not been elected would be able to exclude a Member of this House who has been elected, and that that Member, once excluded, would not be able to appeal. How can that be fair?

The Commission recognises the risk of prejudice to a Member by what it is proposing, and it therefore suggests that, to ensure privacy and confidentiality, Members should be able to vote by proxy, but that proposal is totally flawed. We discussed it in the Procedure Committee—our Chair, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), is unfortunately unable to be here this evening because she is away on parliamentary business overseas—and we found it totally unacceptable, because the proxy system is designed for those who are on maternity leave and those with serious health conditions.

As soon as somebody is in receipt of a proxy not because they are ill, expecting a child or on maternity leave, but because they are accused of having committed a serious violent or sexual offence, the proxy system will be contaminated. How do we know that it will be contaminated? When proxy votes are exercised, that information appears in Hansard, and from what we have been told in the Procedure Committee, we know that some Members have been subject to vilification and abuse for acting as proxies for people who are absent. That is exactly the sort of situation that will arise should the proposals go forward: people will be able to work out who is acting as the proxy for those who are the subjects of suspicion and have been excluded from the House under these conditions, and those exercising the proxy will be vilified. As I say, that will completely discredit the whole proxy system.

My right hon. Friend the Leader of the House says that the proxy system is the way to avoid prejudice through lack of confidentiality, but I think that that is wholly ill-conceived. It is certainly not acceptable to members of the Procedure Committee, and it does not fit easily with the proposals that we are bringing forward for the revision of the whole proxy process. We have good, constructive proposals, but they would be completely wrecked if they were confused with the proposal before the House.

If we want to change the Representation of the People Act, let us be open and say, “We do not want people in this House who are on the sex offenders register. We do not want people to be Members of Parliament unless they have been submitted to the Disclosure and Barring Service.” Unless or until we take that route, which would mean changing primary legislation, I do not think that we should mess around by indulging people who make accusations—often vexatious ones—against Members of Parliament. We should not indulge them by saying that, prior to that accusation resulting in a charge, the Member of Parliament will be excluded from his duties in this House.