European Council
Douglas Carswell Excerpts(9 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
There is a greater understanding that as the euro deepens with the banking union and other elements—I would argue that countries will one day need greater fiscal union and burden sharing—there is an understanding, which is discussed around the EU table, that the countries that are not in the EU are going to need some guarantees of their own, because otherwise, for instance, we will have a situation where a qualified majority of EU eurozone countries are able to dictate to the rest of Europe what it can and cannot do, and that would clearly be unacceptable. There is a growing recognition that change is required. That is why it is right, after the election, to go into a proper renegotiation and then hold an in-out referendum.
Douglas Carswell (Clacton) (UKIP)
The Prime Minister spoke of increased contingency planning to deal with the euro crisis. Is it still his view that the euro must be held together come what may, or does he have any sympathy with the argument that Greece might be better off out?
The Prime Minister
My view has been consistent—it is that I do not think that Britain should join the euro, and I have been prepared to say “ever” on that basis. I put that in my election address back in 1997. It is not my responsibility what the euro does. My argument is very simple: it is in Britain’s interest that we have stability and growth on the continent. That is our argument; it is for the eurozone countries themselves to work out what are the right answers for them. I am very clear, and I have said this to a number of other European countries, that I would not be in the eurozone in the first place.
Oral Answers to Questions
Douglas Carswell Excerpts(9 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Douglas Carswell (Clacton) (UKIP)
T1. If he will make a statement on his departmental responsibilities.
The Minister for the Cabinet Office and Paymaster General (Mr Francis Maude)
My responsibilities are for efficiency and reform, civil service issues, public sector industrial relations strategy, Government transparency, civil contingencies, civil society and cyber-security.
Douglas Carswell
The Minister for the Cabinet Office stated in October 2010 that public bodies would be made more meaningfully accountable. Specifically, what new mechanisms has he put in place to make public bodies more meaningfully accountable to this House and, indeed, to the public?
Mr Maude
Our concern with public body reform has always been to ensure that accountability is improved. A number of functions have been brought within Government to make them directly accountable to this House through Ministers. A number of other activities have been discontinued completely. The number of public bodies has been reduced by about a third. When we came into office, there were no data about the actual number of public bodies. In addition to increasing accountability, we have also saved the taxpayer very considerable amounts of money.
Oral Answers to Questions
Douglas Carswell Excerpts(9 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Douglas Carswell (Clacton) (UKIP)
T6. This summer, one or two former Ministers may seek gainful employment in the corporate sector. Is the right hon. Gentleman satisfied that the Advisory Committee on Business Appointments is effective at ensuring that big corporate interests are not able to buy inside influence improperly?
The Deputy Prime Minister
As the hon. Gentleman will know, the point of the advisory council is precisely to ensure that improper influence is not secured by the employment of those who have recently held ministerial office. Of course, the rigour with which the advisory council operates should always be kept under review, and if the hon. Gentleman has suggestions about how we can make it more rigorous I am very keen to hear from him.
Recall of MPs Bill
Douglas Carswell Excerpts(10 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Zac Goldsmith (Richmond Park) (Con)
It is worth taking stock of where we are. The Government’s Bill still has no friends in its current form. It still proposes a system of recall that is possible only in the narrowest of circumstances and, in most cases, still only by permission of MPs. It will do nothing to empower voters. For that reason it has been savagely criticised by every pressure group campaigning for improved democracy—everyone from 38 Degrees and Unlock Democracy all the way to the TaxPayers Alliance. It has been trashed by everyone from the Morning Star to The Daily Telegraph, which described it a few weeks ago as an “insult to voters”.
As a consequence, the Prime Minister felt obliged to describe the Bill as “the minimum acceptable”. Labour’s shadow Minister, the hon. Member for Liverpool, West Derby (Stephen Twigg), said that
“the Bill needs to be strengthened considerably from its current state in order for it to have meaning.”
Douglas Carswell (Clacton) (UKIP)
Does my hon. Friend agree that the fundamental flaw in the Recall of MPs Bill is that it does not contain a recall mechanism?
Zac Goldsmith
Exactly right. This is not recall as it is understood anywhere in the world.
The shadow Minister went on to say that the Bill
“is simply not good enough. The public will, rightly, expect more.”—[Official Report, 21 October 2014; Vol. 586, c. 787.]
Even the Deputy Prime Minister, who wrote the Bill, has had to express difficulties with it.
But after all that huffing and puffing, here we are today with more or less exactly the same Bill—a Bill that no one likes. Yes, a few amendments have been proposed, but they are red herrings. They add nothing useful to the Bill. Labour’s main proposal, amendment 14, merely lowers the threshold so that hon. Members who are suspended from the House for 10 days or more automatically qualify for recall. The original proposal was 21 days. The only effect that will have is in the judgments made by a committee of parliamentarians. They will simply rejig the way they sentence MPs accordingly. The 10-day rule would have spelled the end for any number of hon. Members who have been sanctioned for engaging in protest.
The Minister of State, Cabinet Office (Greg Clark)
Thank you, Mr Speaker, for allowing me to speak at this stage of the debate to set out the Government’s views on the amendments and new clauses. It will not have escaped anyone’s notice, as hon. Members have said, that the Government have tabled no amendments on Report. That reflects our continuing view that the Bill, as drafted, meets fully and faithfully the commitment that our parties made in their 2010 election manifestos.
My party’s manifesto committed to
“introduce a power of ‘recall’ to allow electors to kick out MPs, a power that will be triggered by proven serious wrongdoing.”
The Liberal Democrats’ commitment was to
“introduce a recall system so that constituents could force a by-election for any MP found responsible for serious wrongdoing.”
The Labour party made a similar pledge.
Douglas Carswell
Does my right hon. Friend think it is somewhat regrettable that the recall proposal does not actually have a recall mechanism in it? There is nothing in it that actually allows voters to have that binary referendum in their constituencies to decide whether or not to recall their MP.
Greg Clark
The recall measure contained in the Bill is precisely that envisaged by the parties’ manifestos.
Throughout the passage of the Bill, the Government have made it clear that—beyond implementing our manifesto pledges—it is open to the House to make further amendments, and that, on the Government side of the House, they would be subject to a free vote, including by Ministers. Given that, all I want to do now is make some observations on the part of the Government about some of the advantages and disadvantages of the amendments in question. I repeat that it will be for the House to decide whether to adopt them.
I will first turn to the amendments tabled by the hon. Member for Dunfermline and West Fife (Thomas Docherty). As he has said, amendments 16 and 17 would alter clause 2 to ensure that historical offences would be liable to trigger recall, which reflects a similar amendment tabled in Committee. As I said when I last stood at the Dispatch Box, there is a case that if an MP were elected and his or her constituents were unaware of the fact that he or she had committed a crime because it had not come to court, that MP might be said to have been elected on a false prospectus. Against that, as my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) has pointed out, it remains novel for legislation in this House to have what could be argued is a retrospective effect, and for a criminal act to have consequences—in this case, triggering recall as an MP—that were not the case when the act was committed.
Amendment 14, tabled by the hon. Member for Dunfermline and West Fife, would alter clause 1 to reduce the number of sitting days from 21 to 10, and the number of days if not expressed in sitting days from 28 to 14. It would also introduce a requirement that for a suspension to trigger recall it must follow on from a recommendation by the Standards Committee. Nevertheless, the length of time for which the MP would be suspended by the House may be different or the same as that recommended by the Standards Committee. That would ensure, as the hon. Gentleman has said, that an MP named by the Speaker for a second offence and suspended for 20 days would not be subject to a recall petition.
The argument in favour of the amendment is that more MPs would be caught by the provision who previously would have withstood the effect of recall. If the recall petition process had been in force with the threshold set at 10 sitting days, then of the 11 MPs suspended since 2000 seven would have met the condition for opening the process. Under a threshold of 21 sitting days, two MPs would have been caught. A further two MPs resigned before the suspension came into effect.
The argument against the proposed change is that the House may wish to impose its own suspensions—sometimes quite long ones—without the consequence of a recall process necessarily being triggered. In other words, the proposal would reduce the scope that the Standards Committee might have to issue sanctions without triggering the recall process.
Amendment 15, tabled in the name of my hon. Friend the Member for Cambridge (Dr Huppert), would mean that a Member of Parliament convicted of the common law offence of misconduct in public office would be subject to a recall petition process regardless of the sentence imposed. Misconduct in public office is a common law offence in England and Wales, punishable by a maximum sentence of life imprisonment. There is, however, no clear, exhaustive definition of what misconduct in public office covers. Action that amounts to misconduct is likely also to be contrary to other laws. The boundaries of the offence are not clearly defined, so they are uncertain. Despite there being relatively few prosecutions each year, a disproportionately high number of those cases are appealed against.
The common law offence of misconduct in public office does not exist in Scotland, so there is a risk that an MP from Scotland could commit the offence of misconduct in public office while working in Westminster given that the offence applies in England, but not if the offence took place while working in their constituency.
Oral Answers to Questions
Douglas Carswell Excerpts(10 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Deputy Prime Minister
I am grateful to my hon. Friend for raising this but we are not aware of individuals from EU countries being on the electoral roll for UK parliamentary elections. EU nationals are entitled to vote in the UK in European Parliament elections and local elections, and EU nationals on the electoral register have a separate mark against their name to indicate that they cannot vote in UK parliamentary elections. That system has served us well, but I and other Ministers will look at the issue that he describes.
Douglas Carswell (Clacton) (UKIP)
T14. The Deputy Prime Minister talks about a cross-party constitutional convention. To ensure that it is not an establishment fix, will cross-party participation include those parties committed to a post-EU future?
The Deputy Prime Minister
As I said, all constitutional issues are always best dealt with on a cross-party basis. More than that, I think it is best dealt with when we embrace the public rather than make it just for politicians sitting in this Chamber—including, dare I say it, for such an anti-establishment figure as the hon. Gentleman. That seems to me to be the real thing that we should be doing—opening up this constitutional discussion to involve as many members of public as we can in the years ahead.
Recall of MPs Bill
Douglas Carswell Excerpts(10 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Stephen Twigg
My hon. Friend is absolutely right; I am glad that he has made that point. That will be a crucial part of our consideration not only in Committee but in some of the wider discussion that is happening about the future of the Standards and Privileges Committee. The political membership is contentious in terms of MPs policing ourselves. We could address that by ensuring that the lay membership is genuinely credible with the wider public.
Douglas Carswell (Clacton) (UKIP)
There has been some discussion about the need to ensure that we have more lay members involved in deciding whether to trigger a recall. Surely the lay members are called constituents, and we should have a mechanism that allows them to decide whether a recall is triggered. They are, after all, the lay members who count most.
Stephen Twigg
I know that the hon. Gentleman has campaigned on this issue for a very long time and has a consistent stance that is reflected in his intervention. I am going to set out my thinking on such a proposal in a moment, so if he could be patient I will respond to his point.
Mr Jones
What happens in practice in the United States is that individuals who take against a policy or a state or national representative can use their tremendous wealth to use a campaign in the lead-up to the recall election to undermine such a representative. The idea that that is somehow empowering the voters is not the case. Recall empowers very wealthy individuals who could then—
Douglas Carswell (Clacton) (UKIP)
I feel so strongly about recall that I recalled myself. All three established parties pretended that they were in favour of recall, too, and went into the last general election offering voters a right of recall, but four and a half years on that has not happened. They have found time to debate a referendum on the alternative vote system and to talk at length about non-existent Lords reform. We have debated every subject imaginable under the sun, but somehow we have failed to pass legislation to make MPs meaningfully accountable to voters. And we wonder why there is such distrust in politics.
Worse, the coalition now brings to this House measures so deeply flawed that they are unworthy of the name recall. Let us be clear about what is being proposed. If an MP is suspended from the House of Commons for 21 days or more, a petition process is triggered. Should 10% of local people sign it, the MP ceases to be a Member of this House and there is a by-election. Therein lies the first and most fundamental flaw in the Bill: it is a recall Bill without a recall mechanism. As those on the coalition Front Bench well know, recall mechanisms involve a local referendum that asks whether the sitting MP should be recalled—yes, or no. It should be a binary choice, not a by-election. If 50% plus one agree, there should be a by-election, but it is up to local people to decide whether there should be—not 10% of local people, but a majority of local people. Where in the legislation is that mechanism? The coalition has forgotten to include a recall mechanism in the recall Bill.
Worse than being a recall Bill without recall, the Bill will have precisely the opposite effect to that which is intended. It is a proposal that is supposed to make MPs more accountable to voters that leaves the trigger firmly in the hands of Westminster grandees. A measure designed to make MPs answer outwards to the electorate ends up strengthening the power of Whips. As the Bill is drafted, MPs and Whips, not voters, will sit in judgment on errant MPs. It is an implausible Bill from an implausible Front Bench with an implausible record on political reform.
Mike Thornton (Eastleigh) (LD)
If there was a way to put more power back in the hands of the electorate to decide whether an MP should be recalled, although not necessarily without any grounds whatsoever, would the hon. Gentleman feel that that was a better way of proceeding?
Douglas Carswell
I certainly would. My hon. Friend the Member for Richmond Park (Zac Goldsmith) is going to table some excellent amendments, which I will do everything I can to support. That will ensure that we have a recall Bill worthy of the name and of the promise made to voters.
The Deputy Prime Minister has expressed his concern that real recall might leave MPs subject to partisan pressure and sectional interests, yet by leaving it to Westminster insiders to decide who gets to face a by-election, MPs are going to be vulnerable to precisely the sectional interests from which they most need protection—the party Whips.
I would like hon. Members to cast their minds back to the previous Member who represented Norwich North—Dr Ian Gibson. I mean no disrespect to the current MP, my hon. Friend the Member for Norwich North (Chloe Smith), when I say that I have known Ian Gibson for over 20 years and I know what a good and decent man he is. More to the point, I know that his constituents in Norwich, a city I know well, knew what a good and decent man he is, yet he was thrown to the wolves by the Whips. At the height of the expenses scandal, after a couple of awkward headlines, he was judged by his party Whips to be guilty. Perhaps his real guilt lay in the fact that he failed to sign someone’s nomination papers; I do not know. However, had there been a proper recall mechanism in place, I am absolutely certain that Ian Gibson would have been exonerated by those who knew him best—Norwich voters. As MPs, we should have nothing to fear from recall.
Richard Drax
I do not want to get personal about other Members of Parliament, as I do not think it appropriate that we should in this place. On the hon. Gentleman’s very point, as I said earlier, if someone commits an offence, such as those during the expenses scandal, it is a matter of honour for the individuals in this House. An hon. Member should resign their seat if such an offence is committed. There is no need for laws, recalls or anything else to do the job for us.
Douglas Carswell
The point I was illustrating is that MPs often look at recall, but recoil from it because they fear it will somehow make them vulnerable. I would argue that MPs who do their job properly, stick to their promises and do their best by their constituents will find that their hand is strengthened by recall. It should in fact give them greater confidence to do their job in the knowledge that, if there is a question mark over whether they stay here, those who trust them the most will make the final decision.
There has been some suggestion that real recall would lead to vexatious attempts to remove MPs. Let us think about that for a second. This country has had a recall vote—we do not call it that, but that is what it was. In 1997, the Liberal Democrats won the Winchester seat at the election. The Conservatives claimed that the Lib Dems had done so by error and that they had been cheated of victory because they had lost by a mere two votes, and that that was somehow wrong. They got a judicially sanctioned recall, but it was seen by local people for what it was—a vexatious attempt by bad losers to overturn the democratic will of the people. What happened? Having initially lost by two, the Conservatives went on to lose by more than 20,000. I thus emphasise that we have nothing to fear from vexatious attempts at recall.
Mr Henry Bellingham (North West Norfolk) (Con)
I have been following the hon. Gentleman’s arguments over a long time. In many ways, he talks a great deal of sense. Does he agree, however, that we have to draw a distinction between failure of conduct and professional judgment. For example, I have been running a campaign on incinerators in my constituency. Some 65,000 constituents voted no. I was actually on their side, but had I been against them, their recourse would have been to kick me out at the next election. Does the hon. Gentleman agree that if I had gone against 65,000 people in my constituency, I would have been vulnerable to a recall Bill that is cast too widely?
Douglas Carswell
I am a little surprised that my hon. Friend should recoil from the idea that voters might vote against Members on policy grounds. That is the whole point of us, is it not? Surely it is entirely legitimate for people to vote politicians out of office if they do not reflect their policy priorities. This idea that we can somehow separate the two—so that voters can pass judgment on us for our conduct but not our policy priorities—is absurd and ridiculous. Charles I would have agreed with my hon. Friend. I think it is a false distinction, which does not give the voters the respect they deserve.
Let us ponder for a second something that we are used to in this country—the idea of trial by jury. We trust 12 lay people to pass a judgment and to determine the guilt or otherwise of someone accused of wrongdoing. We trust those jurors to decide not whether they agree with the law that was allegedly broken, but whether the defendant has broken the law. We trust them to exercise good judgment. If we have a right of recall, I think we can trust that jury of 70,000 or 80,000 people to exercise good judgment, too.
Mr Nigel Evans (Ribble Valley) (Con)
Speaking as someone who recently faced a jury, may I say how grateful I was for their independence of mind and the verdict they gave? Like the hon. Gentleman, I have no fear of the electorate. Although I will support the Bill, I want to see it go into Committee and to find ways to make it far more liberal so that the electors get the opportunity, if they so wish, to decide to remove a Member of Parliament at some time. The important point is to get this Bill through tonight, get it into Committee and see what improvements can be made. I understand that the Prime Minister says that he believes this legislation can be improved.
Douglas Carswell
I am grateful for that powerful point. If I thought that this measure would allow lynch mob justice, I would be against it, but I trust the judgment of the people in aggregate. Just as we can trust a jury to decide and sometimes exercise perhaps more common sense than public prosecutors, so we can trust the electorate in aggregate to make decisions about the conduct of Members. If we proceed with this, I think we will discover that the voters are a pretty liberal bunch and a pretty forgiving bunch. I generally think that if we trust remote, unaccountable officials and grandees in Westminster, we are likely to get worse decisions than if we trusted the voters in aggregate. If we can improve the proposals by widening the body of people who decide, so much the better.
Mike Thornton
I thank the hon. Gentleman for his forbearance. He makes a good point about jurors, but before something gets to the jury, it has to be established whether there is a prima facie case to answer. The jury is thus deciding on a case that has already had some legs to go before the judge and jury in the first place. Following the hon. Gentleman’s reasoning to a logical conclusion, perhaps there should be some way of judging a case before it came before the public through the recall petition.
Douglas Carswell
That strengthens my point considerably. Until the 1930s, this country had grand juries to determine whether there was a prima facie case. If that had happened, we would not have had the number of cases being brought to court when common sense would have dictated that they should never have been brought to court. If we have grand juries and trust the people, we get better decisions in the courts. If we trust a wider body of people to determine whether or not an MP should remain, we get better judgments and more effective recall proposals. Wherever more people are included in a decision-making process, we generally get better decisions.
Mark Durkan (Foyle) (SDLP)
Further to the hon. Gentleman’s point about grand juries, does he accept that the last group of people who should act as a grand jury in relation to recall would be any Committee of this House?
Douglas Carswell
I absolutely agree. There are many good and decent Members who would never be given as fair a hearing by a Committee of grandees—people who spend their careers chasing the Whips’ baubles—as they would if they trusted the views of the voters. After all, it is the voters who know us best. If the majority of our constituents decide in a vote that, frankly, they want us recalled, there is no shame in that. We are clearly in the wrong job; we should go and do something else. The voters would be better off if we did; we would be better off and so would democracy.
Zac Goldsmith
It is worth pointing out the Chairman of the Standards and Privileges Committee has already said on the record that he does not want this extra duty of this extra ballot. He recognises, as does everyone else, that if we want to exert pressure and to influence an outcome, it is much easier to do so with a fallible group of 10 people than it is with 70,000 constituents.
Douglas Carswell
Absolutely. I would ask people again to apply the Ian Gibson test. If the Standards and Privileges Committee had been left to make the key decision in those heated and fevered moments during the MPs’ expenses scandal, would it not have been under intense media pressure to make the wrong choice by that good and decent Member of Parliament? I think it would have been. It is wrong for the Standards and Privileges Committee to have this role. It is right, if we want more lay members to be involved, for us not to seek to increase the number of lay members on the Standards and Privileges Committee, but to trust the voters. It puzzles me that people still struggle with the idea that the voters should decide whether or not to trigger the process, for they are the ultimate jury.
I shall support the Bill this evening. I shall do so because I am confident that it can be amended and made meaningful, and confident that many of the amendments that will be tabled by my hon. Friend the Member for Richmond Park will be successful. Unless that happens, this recall measure will remain a sham, a fix, a pretence of change so that Westminster can stay the same. Proper recall will end safe seat syndrome, which is what has really hamstrung our democracy. In four of the past five elections, fewer than one in 10 seats have changed hands. Even at the time of the 1997 great Labour landslide, only three in 10 changed hands. In other words, seven out of 10 seats are safe seats. There is almost a zero chance of those Members losing their seats unless they fall foul of the Whips. They are fiefdoms. That means that MPs answer to other MPs. The great destructive mechanism in our democracy, the Whips Office, is all-powerful.
Mr Charles Walker
The hon. Gentleman said that recall would end safe seat syndrome. How will it do that?
Douglas Carswell
At present, the career trajectories of MPs in safe seats are determined by how obsequious they are to Ministers, and on whether or not the Whips think highly of them and give them promotion. If a Member is vulnerable to a recall election—if he is vulnerable to the views of the voters—he may start to face outward to the voters. Even if he is in a safe seat, he will know that he can lose his position if he breaks his promises and does not do what he said he was going to do. Recall would mean that instead of facing inward and chasing favour with the Whips, MPs would become outward-facing, and I think that that would revive and reinvigorate our democracy.
Mr MacNeil
Is not the ultimate battering ram against “safe seat syndrome”, as it has been described this afternoon, not a recall Bill but the single transferable vote system that we have seen in operation in, for instance, the Republic of Ireland?
Douglas Carswell
I would rather not get into the subject of electoral reform, although my views on it were not generally mainstream in my old party, and I am open to ideas and suggestions. Recall would be a key part of reviving our democracy.
Mark Field
I think that the hon. Gentleman is being rather unkind about “safe seat syndrome”, which has been the focus of much of his attention. My own seat —the seat that I currently occupy—has been Conservative for an unbroken period since 1868. However, I can assure the hon. Gentleman—and, perhaps rather more importantly, my 73,000 constituents—that I work extremely hard. I treat my seat like a marginal, and I think that the same applies to many MPs. It is an attitude of mind. It may be entirely irrational, given all the hard work that must be done in the run-up to an election, but I think that many MPs, whether or not they have safe seats, take a very diligent approach to their constituency work.
Douglas Carswell
My hon. Friend has made my point for me, rather eloquently. There are very good and decent people who come into Parliament with good and honourable intentions, but why is it so often the case that those who enter this place with good and honourable intentions do not—in the public’s eyes, at any rate—do what it was hoped that they would do? I submit that it is because they end up facing inward. They come here, and then they face what other MPs in Westminster determine should be their priorities. That is the problem. That explains why so many good and decent people come here and end up not achieving what their constituents hoped for.
I think that, by giving voters the power to sack MPs, recall will break open cartel politics. I am somewhat bemused when some Members seem appalled at the very notion that the public might actually vote out of office an MP with whom they disagreed over policy—shock, horror. Surely that is the whole point of politics. The Minister attacked the very idea of a politically motivated recall, but surely “politically motivated” is what we are supposed to be in this Chamber. I thought that that was the essence of politics.
I look forward to voting for the Bill, and to supporting the amendments that will make it meaningful.
Mark Field (Cities of London and Westminster) (Con)
Although I agree with my hon. Friend the Member for Broxbourne (Mr Walker) that there has been too much self-flagellation as part and parcel of the process that has led towards this Bill, we cannot dispute that a lot of the concerns that underline these measures are to do with trust—I am talking specifically about trust in the political and parliamentary process. The public appetite for parliamentary recall was turbo-charged by the reputationally ruinous expenses scandal that broke in 2009. That brought to public attention the decades-long scandal of a self-regulated system in which secrecy and opaqueness by the political establishment were the watchwords. That was then compounded by the calamitous rearguard attempts by the parliamentary great and good to use the courts to prevent the publication of details of dubious expenditure claims of public money—a process that was sensationally broken open by The Daily Telegraph.
Slowly but surely this place has been dragged into playing catch-up. Ever since the expenses scandal, this House has paid lip service to the importance of restoring public confidence in the political process. A central part of that has been the public insistence for genuinely independent regulation. Yet the centrepiece of this Bill flies in the face of giving our voters, rather than political insiders, the authority to drive recall.
I regret that the coalition’s revolutionary intentions, as set out in May 2010, have been so watered down.
Douglas Carswell
Does the hon. Gentleman have any confidence in his party leadership’s record on political reform?
Mark Field
That is a rather unfair question. It was the hon. Gentleman’s party leadership until a few weeks ago. I have some confidence—perhaps hope springs eternal—that there will be other elements of reform going through. I am afraid that the constitutional record of the coalition Government has been lamentable in the way that it has worked out.
As hon. Members have said, it is entirely understandable that the Government have tried to find a mechanism to weed out trivial or vexatious complaints. For sure, there will be abject disagreement on purely partisan political issues, as well as furious disagreements between an elector and his or her parliamentary representative, but that should never trigger the recall process.
As I am now disagreeing with the hon. Member for Clacton (Douglas Carswell)—my friend, but my former hon. Friend—I should congratulate him on his recent re-election. I know that he pays the closest possible attention to these issues. Although we profoundly disagree about the desirability of the United Kingdom’s membership of the European Union and about immigration policy—I think it is in the national interest that we have a calm and rational debate, rather than one that plays to members of his current party—we were, as instinctive democrats, in the same Lobby for the November 2011 referendum vote and with regard to House of Lords reform, which would have brought about an elected second Chamber. Our views are similarly aligned on the importance of sound money and the need for a much more urgent emphasis on deficit reduction than seems acceptable to Britain’s political elite.
More importantly, in this era of established political parties being set out in law, surely an elected representative’s decision to switch political parties should automatically trigger a recall. I would support an amendment to achieve that if the hon. Gentleman were to table one. I respect his decision and that of the erstwhile Member for Rochester and Strood to put their money where their mouth is and let their electors determine their future. Why should voters be deprived of the opportunity to hold to account an MP who switches parties but is unwilling to resign? Surely that should be a prima facie reason for recall.
I fear, however, that the Minister has instead boiled down the grounds of recall to just two small conditions, the first of which applies to criminal convictions and will operate along similar lines that already exist for expulsion from the House. However, the second condition, which applies if the Standards Committee imposes a suspension from the House of 21 or more sitting days, is much too open to party managers’ political manipulation. Let us not be naive about the conduct of party leaderships and the Whips Offices. They will, as they have always done, try to manipulate such a process to protect or condemn as they see fit. After all, that is what party managers do, and that is precisely why they must have no part whatsoever in the recall process. The overriding need to restore public trust is the reason why they should have no opportunity to interfere with the recall process.
The Standards Committee is still appointed, rather than elected by the House as a whole, so while its members are often able and diligent, that has the consequence that emollient and obedient MPs may be selected as its members, especially if a helpful outcome to a sensitive case is desired. As we all know, if cases come before that Committee, the House is able to impose penalties ranging from expulsion and suspension, to an order to repay moneys, when appropriate. It is all too easy to see how favoured sons and daughters—errant Ministers perhaps—might be made subject to stringent repayment conditions, but have imposed on them a suspension that is lenient enough not to trigger the second recall condition. I agreed with much of what my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said about that.
I fear that this is not a wild academic concern. Let us consider some of the matters that have recently come before the Parliamentary Commissioner for Standards and the Standards Committee, and then the House. For example, two former Cabinet Ministers were both ordered to repay more than £40,000 in inappropriately claimed second-home expenses by the commissioner. Following long and protracted inquiries, no doubt aided and abetted by an unhealthy interest from party managers, they were subject to a sanction that would not have triggered recall, even though the strength of public opinion meant that they both had to resign their ministerial office.
By contrast, in the past year two independent-minded Back Benchers—Patrick Mercer and Denis MacShane—have resigned from the House after being suspended for long terms, although neither had made similarly substantial personal financial gain requiring the repayment of public money. I do not wish to draw entirely direct comparisons between those sets of cases. I simply ask the House to reflect on the fact that the mere perception that pressure might be brought to bear to favour MPs closer to party leaderships, or indeed to militate against those regarded as more easily expendable, will only further undermine public confidence in this new process.
I very much agree with many of the sentiments expressed by my hon. Friend the Member for Richmond Park (Zac Goldsmith) and look forward to these issues being debated at length in Committee. I do agree with the Minister that there is an increasingly strong case for a mechanism to allow constituents to recall their MP. In my view, there is an almost unanswerable case that we will have to have such a Bill. I am only sad to conclude that this Bill fails to rise to the occasion.
Frank Dobson (Holborn and St Pancras) (Lab)
It is customary to begin a speech by declaring an interest, but in this case I can declare a disinterest, as I am not standing at the next general election. Also, so far as I know, in the year of the great expenses scandal my expenses were the lowest of any Member of Parliament. However, I am firmly opposed to the Bill, and not because it does not go far enough, as the hon. Member for Richmond Park (Zac Goldsmith) argues, but because it proposes recalls at all.
I was disturbed to hear the Minister describe the Bill as a first step. In my view it is the first step in a bit of fancy dancing at the top of what could turn out to be a very slippery slope heading in the direction of the things advocated by the hon. Member for Richmond Park. The proposition from the recall enthusiasts is that there should be provision so that MPs can be sacked between general elections—to quote the hon. Member for Richmond Park—
“for whatever reason if the majority have lost confidence in them”.
To say that that would be open to abuse by vested interests would be a grotesque understatement.
I believe that the introduction of a recall mechanism along the lines outlined by the enthusiasts would have proved a great hindrance to social progress in this country, and to a lot of the changes that have led to our society becoming more decent. I point out that things become a consensus; they do not start off as such. A lot of the things that we now enjoy started off as very unpopular ideas, and we should do nothing that restricts MPs from taking up unpopular ideas that they believe to be right.
Many of the things that I now value in our society, as I hope do many other Members, were seen as shocking when they were first launched by fearless MPs. They knew that their ideas were unpopular and would be seen as shocking, and the response from much of the news media and many people in here was not just an expression of opposition to their views, but personal vilification and smears.
Douglas Carswell
My right hon. Friend is arguing against allowing people to decide who their representatives are on the grounds that occasionally representatives might hold views that do not accord with the voters. Surely we should trust the voters, not to agree with everything a representative says, but to respect a representative for being frank and honest with them.
Frank Dobson
That is what I believe in. I do not believe that introducing a recall system will further that degree of independence.
There is a brilliant example from my own constituency —not me, I rush to point out. My distinguished predecessor, Lena Jeger, was the Member for Holborn and St Pancras South, which was an overwhelmingly Roman Catholic constituency in the 1960s. Lena Jeger was an advocate of abortion law reform. She was one of the sponsors of David Steel’s Bill that became the Abortion Act 1967. It would have been a simple matter for opponents of what she was advocating to get together 10% or 20% of people to oppose what she was doing.
Frank Dobson
It is no good people who do not agree with me shaking their heads, because I am sure that is the truth.
Oral Answers to Questions
Douglas Carswell Excerpts(10 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
My hon. Friend is absolutely right. The claimant count in his constituency is down by 36%, which is a huge advance over recent years. He is right about the importance of the local growth deal. This is going to mean more transport links in and around Medway and investment in the growth hub. A total of £442 million of growth funding has gone into this deal. Like him, I have got a feeling I will be spending some time in the Medway towns in the months and years—in the weeks—to come.
Douglas Carswell (Clacton) (UKIP)
My hon. Friend the Member for Richmond Park (Zac Goldsmith) will be pressing amendments to ensure that the Recall of MPs Bill makes MPs meaningfully accountable to their constituents—real recall. Will the Prime Minister now support these amendments in order to honour the promises on which he sought office in 2010?
The Prime Minister
We made it very clear that we wanted to see a recall Bill come in front of Parliament and be voted on, and I am delighted that we are keeping that promise; the Second Reading of the recall Bill will be happening very soon in this House. I will look very carefully at all amendments that come forward because, frankly, in getting this Bill together we have come up with the minimum acceptable for recall, but I think there are a lot of very good arguments to be had about how we can go further, and I look forward to having them in the House of Commons.
European Council
Douglas Carswell Excerpts(10 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister
The right hon. Gentleman makes an important point. Britain will build alliances with the leaders and countries that want to see change in Europe. For instance, the Swedish Prime Minister said yesterday that the UK
“has friends in the EU…Just look into what we have written in our conclusions.”
The Danish Prime Minister said that the EU
“should not occupy itself with some of the things that member states can handle better themselves.”
The Finnish Prime Minister said that
“for a country like Finland, British membership is very important.”
The fact is that when it comes to this renegotiation, there are many countries in the EU that want to keep Britain in and recognise that real change will have to come.
Mr Douglas Carswell (Clacton) (Con)
What would have to happen for my right hon. Friend to come back from his renegotiation and recommend that people vote out?
The Prime Minister
Well, I have set out my approach, which is always to follow the national interest. It is in the national interest to renegotiate our position in Europe to secure the changes that I have set out. I do not start a negotiation believing that we will not achieve those things; I set out wanting to achieve them and to come back to this country, but I will always do what is in the national interest.
Syria and the Use of Chemical Weapons
Douglas Carswell Excerpts(11 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Douglas Carswell (Clacton) (Con)
The House has been recalled not to sanction military strikes in Syria, but to deplore the use of chemical weapons. I think we can all agree on that. I hope we can agree, too, that there must be a second vote in this House before any direct British military response: no vote, no strike.
Certain of our traditionalists will no doubt delight in pointing out that under the rules of Crown prerogative, no Commons approval is actually technically required for a Prime Minister to take us to war, and historically they are correct, but Parliament is waking up and asserting itself. As the Prime Minister himself pointed out as Leader of the Opposition, the Crown prerogative, that constitutional quirk that has handed 10 Downing street the powers of a mediaeval monarch, needs changing. No Prime Minister should embark on a non-defensive war without the consent of this House. In recognising that, the Prime Minister has been wise, not weak. Having a sovereign Parliament means that sometimes, yes, a Prime Minister will be told to pause and think again. Good. Democracy works.
Not unreasonably, the Leader of the Opposition, like most on the Government side of the House, would like to see more evidence—evidence from UN inspectors— before voting on military action. If the casus belli is the use of chemical weapons, let us be certain who used them. If the UN is going to help provide us with the evidence, though, we must not make the mistake of believing that the UN can confer legitimacy on military action. Legitimacy to go to war comes not from the UN, nor from international law or international lawyers, nor even from our own National Security Council. That sort of legitimacy comes only from below, not from above. It comes from the demos and those they elect. When the time comes for that second, crunch, vote, there can be no buck-passing, no deferring to a higher authority, no delegating. It will be our responsibility alone, and all the more weighty for that. If I am certain that this House needs the final say on our policy towards Syria, I am far less certain as to what that policy should be. There are, I think, no good outcomes.
Mr Jenkin
Has my hon. Friend just demonstrated the shortcomings of this system of decision making and giving Executive decisions to a legislative body? That is contributing to the paralysis of our nation. If we do not trust our Prime Minister to take decisions of this nature, we should not have trusted him with the office of Prime Minister.
Mr Carswell
If the alternative to rushing into a conflict that may have significant implications is that we pause, I would not describe that as paralysis but as good governance. It is vital to recognise that the Executive do not control the legislature; the legislature must control the Executive. Sending our young men and women to war is a decision of massive consequence, and it is right and proper that the House should exert its authority and give legitimacy to that decision. I understand and respect the case for intervention, and I think no one in this House or anywhere else is calling for a land invasion. What is envisaged is an aerial bombardment to punish and deter those behind the chemical weapons outrage.
Mr MacNeil
The hon. Gentleman says that the only thing envisaged is an aerial bombardment, but does he have any idea about the envisaged length of time of that bombardment?
Mr Carswell
That comes to my next point—no, I do not. I am deeply unconvinced about what missile strikes and bombing will achieve or how long they will need to continue, and we have yet to hear how they might achieve their objective. Neither am I clear where British military involvement might end. Since the second world war, Britain has mostly fought what might be called wars of choice, but if we initiate hostilities in the eastern Mediterranean, will what follows continue to be fought on our terms and in the way we choose? Ninety-nine years ago, almost to the day, the Austrian chiefs-of-staff launched a punitive attack on Serbia. It did not end there.
There are serious players in this fight with serious military kit lined up behind the different factions in Syria. Are we ready to deal with what they might do and how they might respond? I need to know before I vote for any strikes, and I think the good people of Essex would like us to know whether the Government know what they are doing before we vote to sanction such action.
The Prime Minister and the Foreign Secretary have argued with great passion and determination that we in the west must take a stand for democratic values, and I agree. The Arab spring of 2011, like Europe’s spring of 1848, saw the hopes of liberals and reformists raised. However, the autocrats fought back in Egypt and Syria as they once did in Italy, Paris, Poland and Austria. As we once did in the 19th century, so we must do again in the 21st century. We must promote the liberal and reformist cause, and the constitutionalist one where possible. As in the 19th century, where possible we must avoid war with the autocrats.
Democracy and liberalism will one day seem as firmly rooted in the south and east of the Mediterranean as they do in the north, but if spreading democratic values is to be the cornerstone on which we are to build British foreign policy, let us do so consistently. We cannot act in defence of democratic values in Syria two months after we failed to speak out in defence of the democratically elected Government in Egypt. We cannot act when hundreds of civilians are murdered in Damascus, but continue to arm the Egyptian junta that slaughtered a thousand in Cairo. We cannot champion the right of self-determination in one part of the Arab world, yet ignore those who seek basic human rights in another, including the Gulf.
I am unconvinced that the Government’s intended course of action in Syria is part of a coherent strategy, and I will not support military action until I am convinced that it is part of such a strategy. I am still undecided whether we should support the motion, oppose it, or abstain. I am fearful of being seen to back military action, I am unwilling to abstain, yet I find there is little in either the Government or the Opposition motion with which I can disagree.
Oral Answers to Questions
Douglas Carswell Excerpts(11 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Miss Smith
The aim of any reform in this area must, I think, be to ensure that the activities of outside organisations are transparent to the general public and accountable. As we have said throughout the process, it is important that we get this right. We will announce more details in the coming weeks. The hon. Lady will be aware from the proposals already put forward that the intention is to regulate third-party lobbyists. Let us not forget what this is for: it is about knowing who is lobbying and on behalf of whom.
Mr Douglas Carswell (Clacton) (Con)
In order to tackle some of these concerns, the suggestion has been made that we should have a right of recall. Will the Minister confirm that a right of recall would include a recall ballot, so that instead of leaving it to a committee of grandees in Westminster to decide an MP’s future, constituents would have the chance for a final say?
Mr Speaker
That is very wide, but we will have a brief reply from the Minister and then move on.