Recall of MPs Bill

David Burrowes Excerpts

Tuesday 21st October 2014 Commons Chamber

[Mr Lansley]

I am grateful to my hon. Friend, who has such expertise, for endorsing that point.

It goes even further. Often we are talking about offences that are not indictable. They are what are regarded as offences in the mind of the electorate. They may be genuine or they may not be genuine, but if they are genuine and bear upon conduct in this House and are, on the face of it, a breach of our code of conduct, they should be considered by due process. We are trying to make the process in this House as fair as possible.

I have heard Members, including my right hon. Friend the Member for Haltemprice and Howden, be very critical of the processes relating to past decisions of the Standards and Privileges Committee. Let us be clear: we have made changes in this Parliament to standards and privileges. We now have a Standards Committee that examines matters not solely at the behest of MPs who are members of the Committee but has three lay members. We should consider this Bill alongside, and I hope with the benefit of, the review that will be conducted by the Standards Committee and its lay members. I am sure that in Committee the Chair of the Standards Committee will be able to add further to that.

When I was Leader of the House I made it clear to the Standards Committee that I saw these two things happening to some extent side by side, because the second trigger in this Bill depends upon the credibility and authority of the Standards Committee and the recommendations it makes. We can improve that. I think it will require more lay members and I think it will require a veto whereby a recommendation from the Standards Committee may not be made without the support of its lay members.

For reasons not least of parliamentary privilege we cannot give lay members a vote. However, as Leader of the House I said—I would be grateful if my right hon. Friend the Deputy Leader of the House confirmed this—that if there was a recommendation arising from a vote in the Committee on Standards relating to the conduct of a Member that did not have the support of the lay members, when the House came to consider that recommendation, I would see it as my responsibility, as I hope that my successors would, to put alongside any motion that was presented by the Chair of the Committee an amendment that would reflect the view of the majority of the lay members of the Committee. Therefore, while it would remain true that the membership of the House as a whole was responsible constitutionally for the regulation of the conduct of Members of this House and for a decision to suspend or expel a Member, it would be transparent whether the House was acting directly in accordance with the majority view of lay members. It would of course be acting with the benefit of the advice of the Parliamentary Commissioner for Standards.

[Mr David Burrowes (Enfield, Southgate) (Con)]

My right hon. Friend places a lot of emphasis on the issue of due process, but due process is not necessarily just the preserve of this House. There can be due process through a proper and appropriate trigger, threshold and referendum. Ultimately, an election has a due process. We have heard about being concerned about reputational damage from spurious allegations and the rest. If there is a judicial process, the recall could be suspended. We are already besieged by spurious complaints. Surely we should put this to a proper recall mechanism so that the electorate can put up or shut up.

[Mr Lansley]

I understand my hon. Friend’s point. I am afraid that there are too many risks to be confident that the process of notice of intent to recall leading to the 20% petition could necessarily be regarded as objective and fair. All that is required to be done to damage substantially and perhaps fatally the reputation of a Member of Parliament is for such an allegation to be made, which may or may not lead to any charge for an offence or even relate to an offence and which may be something that is the product of their private and personal life and not of their activities in their professional responsibilities as a Member of Parliament. The fact that that kind of recall can be triggered for whatever reason gives an opportunity for substantial damage to be done without any objective and fair conclusion having been reached, which should be the case if one is going to have one’s livelihood put at risk in that way.

--- Later in debate ---

[Mr Jackson]

Yes, not that young in some cases.

I also take issue with the comments of the hon. Member for Rhondda—who is not in his place at the moment but who is a gifted historian whose book on the history of Parliament I have read—that a party caucus chooses a Member of Parliament, not the electorate. That is a very arrogant and disdainful attitude. An election is like a jigsaw puzzle, and every single piece is a part of that puzzle, and when it all comes together that is the beauty of democracy. That is not for party caucuses.

Bad’uns have always existed in politics, whether it is Sir Charles Dilke, Horatio Bottomley or many other Members of Parliament. Bad’uns get elected as well as get thrown out. We only have to think of someone such as Oswald Mosley in the 1930s. Essentially, I believe in the wisdom of crowds. I believe in the sanctity of that bond between the electors at the general election. That is the recall process: an election where there is perfect competition and perfect knowledge by the voters to understand the record, vision, policies and principles of a prospective Member of Parliament.

[Mr Burrowes]

I recognise my hon. Friend’s wisdom and understanding of political history, but, on history, may I take him back to February 2008, when he joined me and 26 other hon. Friends, part of the 2010 intake, in a letter to The Daily Telegraph? The letter stated that recall

“would increase MPs’ accountability, address some of the frustration felt by a disenchanted public and help restore trust in our democratic institutions.”

If that was right in 2008 and right in our 2010 manifesto, why is it not right now?

[Mr Jackson]

My hon. Friend is such a decent and generous gentleman that he did give me notice yesterday that he would ambush me in this way, and I thank him and have an enormous amount of respect for him, but I have changed my mind, as I have changed my mind on many things over the years. I have changed my mind on House of Lords reform, for instance. I think it ludicrous that we have an upper Chamber that is the largest unelected body outside the people’s congress of China, and believe that should be reformed, even though I am a Conservative, of course. So I have changed my mind on that.

I have looked at the details of the Government’s Bill and I accept that it does make that distinction between moral conscience issues and policy issues and real issues of misdemeanours and criminal conduct.