Recall of MPs Bill

Eleanor Laing Excerpts

Tuesday 24th March 2015 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I must draw the House’s attention to the fact that financial privilege is involved in Lords amendment 18. If the House agrees to that Lords amendment, Mr Speaker will ensure that the appropriate entry is made in the Journal.

Clause 1

How an MP becomes subject to a recall petition process

[The Parliamentary Under-Secretary of State for Education (Mr Sam Gyimah)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss Lords amendments 2 to 17, 21, 22 and 27.

[Mr Gyimah]

The amendments in this group relate to the circumstances that would trigger a recall petition. They were tabled by the Government in the House of Lords to ensure that the important changes made to the Bill in this House are reflected throughout the Bill, ensuring that the legislation works in practice. The Prime Minister made it clear that the Government would be open to Parliament changing and improving this Bill, and that has happened. We had a free vote on amendments brought forward on Report, and I am pleased that the provisions have been strengthened as a result.

Hon. Members may recall that on Report in this House, Members voted to add to the provisions in the Bill to trigger a recall petition following a conviction for expenses-related offences under section 10 of the Parliamentary Standards Act 2009, irrespective of sentence. The House also changed the second trigger so that a recall petition would be opened if an MP were suspended on the recommendation of the Standards Committee for 10 or more sitting days, rather than the 21 or more sitting days in the original Bill. As only the lead amendments were moved at that time, the Government tabled amendments in the House of Lords—amendments 1 to 6, 8, 9, 12 to 15, 17, 21 and 22—which are required to give full effect to the changes.

Amendment 7 gives effect to an amendment agreed in this House to ensure that offences committed before the Act comes into force can trigger the opening of a recall petition so long as the conviction and sentencing take place after the Act comes into force. Amendments 10 and 11 further define the allowable appeal period in the case of a conviction that would trigger the opening of a recall petition under the first or third recall condition. That ensures that an MP has the opportunity to appeal against a conviction, but that the recall petition process can also begin in a timely manner. Amendment 27 is a technical amendment, clarifying the definition of “overturned on appeal”. Amendment 16 corrects a minor oversight, by removing the requirement for the courts to inform the Speaker of a sentence that would lead to recall if the person in question had already ceased to be an MP—in such circumstances, it is clearly no longer necessary for the Speaker to be informed.

The amendments in this group are therefore largely consequential and technical, and give proper effect to changes that were made with considerable support in this House. I look forward to the debate on these amendments, which I commend to the House.

--- Later in debate ---

[The Deputy Leader of the House of Commons (Tom Brake)]

I beg to move, That this House agrees with Lords amendment 18.

[Madam Deputy Speaker]

With this it will be convenient to consider Lords amendments 19, 20, 23 to 26 and 28 to 32.

[Tom Brake]

The amendments in this group relate to the way in which recall petitions will be run. They pick up on a number of points made in debates in both Houses and are designed to make improvements to the operation of the recall petitions for the benefit of constituents, administrators and campaigners. The amendments also ensure that the Electoral Commission plays a greater role in reporting on the operation of recall petitions in practice. I will describe the amendments briefly and will also address the more technical amendments that form part of this group.

Amendments 18 to 20 relate to constituents’ engagement with and access to the recall petition process. Lords amendment 18 increases the number of signing places that the petition officer can designate from a maximum of four to a maximum of 10. This amendment addresses concerns expressed during previous debates in this House and the House of Lords about accessibility for constituents living in rural areas who may wish to sign the petition in person. In setting the number at 10, we consulted the Electoral Management Board for Scotland and the returning officers for the Western Isles and for Argyll and Bute. They were clear that a limit of four could pose particular challenges in large rural constituencies or in constituencies with a number of islands, and felt that a raised limit would afford them helpful flexibility.