Recall of MPs Bill

Debate between David Heath and Lady Hermon

Monday 3rd November 2014 Commons Chamber

[Lady Hermon]

The Bill is so important that I think I would like to speak.

Voting in this country is a serious matter. We have the great distinction of being a democracy that is admired around the world. Men died in their thousands in the trenches during a world war that began 100 years ago. When we have a general election and voters come out in whatever numbers—we wish that they came out in greater numbers—and go to the trouble of casting their votes between set hours, which are generally 7 am and 10 pm, they have taken the matter seriously and have voted for an MP. Some MPs belong to political parties and some, like myself, stand as independents. Independent MPs do not have a party to pay for recall expenses or support them through a recall petition. It therefore behoves us to think about the legislation that we are passing.

Given that Bill will apply throughout the United Kingdom, we must think about the differences in Northern Ireland. I think that valuable lessons could be learned from the experiences of voter registration and identification in Northern Ireland. We have been very successful in defeating vote stealing as a major criminal offence. Those valuable lessons could be extended to the rest of the United Kingdom.

The Deputy Leader of the House rattled through clauses 14 and 15, which have been beautifully drafted by wonderful and skilled parliamentary assistants. What worries me is that we accepted in the previous group of proposals that there will be only four designated places where a recall petition can physically be signed, no matter whether it is in the islands and highlands of Scotland, the far reaches of Fermanagh and Tyrone, with their lovely spires, or the constituency of Strangford—if the hon. Member for Strangford (Jim Shannon) was here, he would be able to speak for his constituency—which is a large and disparate geographical area. We have agreed that there will be four designated places and that there will be eight weeks. We have skimmed through the issue of the signatures on the petitions. In Northern Ireland, we have strict regulations for voting in elections to ensure that there is no voter fraud.

I was disappointed to hear the Parliamentary Secretary, Cabinet Office, the hon. Member for East Surrey (Mr Gyimah) dismiss the opportunity to think about improving the Bill. This is an important Bill under which an MP could face recall after only 10% of the electorate have voted for it. That is a very low threshold. If we are not careful in looking at the clauses this evening, instead of the Speaker being given a notice of a petition, a number of MPs will be going to their solicitors and calling into question the validity of recall petitions on the grounds of forged signatures and illegal proxy votes, because the Bill before us tonight is riddled with loopholes. It is no good for the Minister to say, “Oh, well. We will test the Bill when it gets on the statute book.” That will be a bit late in the day to test the legislation. We cannot leave it that late. We have an opportunity to amend it and improve it.

I would like the Deputy Leader of the House to address the following question. Given the importance of a recall to a Member who has just been elected in a general election, what will happen when an independent Member such as me is subject to a recall petition? I have no party to support me or to pay for me to fight off a recall petition. However, I would not hesitate in going to a lawyer, many of whom I taught in a previous incarnation. I am very proud to have taught in the law faculty of Queen’s university. Will the Minister clarify what will happen when an MP who has just been told that they have lost their seat through a recall petition looks to see who has signed it and finds that the signatures are not valid? What will happen in the intervening period? I would like him to address that when he closes the debate.

[Mr Heath]

I have just one quick question for the Minister. Has he or any other Minister had any discussions with the Independent Parliamentary Standards Authority about whether it is producing a scheme to deal with the staff of a Member of Parliament who loses their seat by virtue of recall? I hope that it will not produce a scheme that allows for an ex gratia payment or severance pay for the Member of Parliament. However, will the Member’s staff be made redundant at the point at which the notice is served to the Speaker, or has no one yet thought about that? If no one has thought about it, I invite the Minister to think about it and urge him to get in touch with IPSA to see whether it can provide an appropriate schedule.

Recall of MPs Bill

Debate between David Heath and Lady Hermon

Monday 27th October 2014 Commons Chamber

[Lady Hermon (North Down) (Ind)]

I am most grateful to the hon. Gentleman for allowing me to intervene. He will of course know that the Bill as drafted extends to Scotland, England, Wales and Northern Ireland, but his amendment extends only to England and Wales.

[Mr Heath]

indicated dissent.

[Lady Hermon]

Oh, so it extends throughout the whole of the United Kingdom? It would be helpful if the hon. Gentleman could confirm that and give some examples.

[Mr Heath]

I will, but if I may, I will come back to that, because it is one of the major difficulties in the drafting.