Members of Parliament: Risk-based Exclusion

Debate between Christopher Chope and James Sunderland

Monday 12th June 2023 Commons Chamber

[James Sunderland]

Once again, I find myself concurring with a lot of what the hon. Lady is saying, but my view on this question is that because we are debating it now, the answer is not clear. Ultimately, we have to allow the Commission to make further findings in respect of what the evidence does. My personal feeling is that we have to wait for the charge to be brought before we give enough credence to the evidence. Arrest, in my view, is not enough.

The second issue is how we as a House manage complaints that may be vexatious. We discussed that question earlier, but I would like the Commission to do a bit more work on it. If a complaint has been made and it is entirely vexatious, we have to be able to spot that very early on and deal with it. For example, another Member said during the consultation that

“I am concerned about malicious claims towards MPs, which are constantly on the rise and members being excluded without it being a charge, often these are politically motivated.”

If we follow that logic through, it basically means that any Member can be asked to leave the estate for any reason. Therefore, we have to put in place a process whereby credence is given to an allegation. An arrest may or may not be made, and in my view, it is the point at which the charge is brought that gives that credence to the process. As such, we have to make sure that we can properly define the gap that is in the middle.

I would like to make a further point about management of risk. For me, the important thing in this debate is how we manage the risk-based exclusion, which again is not clear from the Commission. Basically, I want to better understand how we manage the risk: who is responsible for managing that risk? Who is responsible for determining the evidence, if it exists, and who is judge and jury? How do we manage that risk? Who decides, and what factors are involved? In my view, those questions need more work before we can go firm on any vote or otherwise.

The last issue I will address is that of the proxy vote. In my view, a proxy vote has to happen. MPs are elected to do a job, and they must do that job until the point at which they are no longer able to do it—again, innocent until proven guilty. There is a requirement for MPs to exercise their judgment and represent the interests of their constituents throughout the process. Therefore, unlike the earlier recommendation from the Procedure Committee, I am completely happy with the extension of the proxy vote in this case. MPs are still MPs; they are still part of the team and need support. They must not be left on the scrapheap, either. It is important for them—for their own peace of mind and their own validation—to be able to exercise that vote via a proxy. Again, I am not comfortable with the idea that the names of those who have a proxy vote would somehow be published. Those who have a proxy vote should not necessarily be identified as having one, for all the reasons of confidentiality that we have already discussed.

I also welcome the fact that the Commission is now actively considering extending the proxy vote scheme for other reasons. Historically and currently, it has been for maternity and paternity leave, but it should be extended beyond that, to illness and those who may be excluded from the estate.

[Sir Christopher Chope]

At the moment, there is a question as to whether people who have voluntarily excluded themselves from the estate because of allegations made against them should be able to exercise proxy votes. I think the line has been taken that they should not be able to do so, because of the special circumstances surrounding their case. It would put them on a par with people who are very ill or on maternity leave.

[James Sunderland]

My understanding is that proxy votes are part of this process. No doubt the Leader of the House will verify that in her summing-up remarks, but as far as I am concerned, it is entirely appropriate that if someone is elected as an MP to do a job, they have to be able to do that job if—for reasons of force majeure or otherwise—they cannot be on the estate. Therefore, I entirely support the notion that a proxy vote should be extended to all those with legitimate reasons to not be on the estate, and I welcome that further work by the Procedure Committee.

The first point of my conclusion is that exclusion should absolutely be a last resort, as I think we have agreed this afternoon. Ideally, it should also be at the behest of the individual. I totally agree that these are unique circumstances, and that what we are discussing deals with the unlikely event that a Member might not voluntarily exclude himself or herself from the estate. My second point is that both the Procedure Committee and the Committee on Standards have suggested that the final decision to exclude could or should be put to the House. I am absolutely clear, as an individual and a Member, that that is entirely right. It is up to us as Members to make the finding in such a case—it is up to us as Members to vote.

[Sir Christopher Chope]

If it is put to the House on a vote, how will confidentiality be retained?

[James Sunderland]

That is another element of what the Commission, the Leader of the House and the shadow Leader—the hon. Member for Bristol West (Thangam Debbonaire)—have to work through. Ultimately, I think it is up to us as Members to make that finding on behalf of fellow Members; it cannot be made for us by a sub-panel or a committee. Therefore, that is a further bit of work that the Committee has to go through.

My final point is an obvious one: should a Member be found guilty of a relevant offence, they would most likely receive a custodial sentence or otherwise and be subject to the Recall of MPs Act 2015. That is the point at which we are likely to cease being an MP, and I think that until that point is reached, due respect and credence should be given to all of us as MPs. A duty of care should also be given. In my view, Members should be careful what they wish for. This is a difficult debate and there is work to be done, so let us please not ignore both the duty of care that we have towards staff in this place and our duty of care to each other.