House of Lords (Expulsion and Suspension) Bill

Debate between Baroness Laing of Elderslie and Christopher Chope

Friday 6th March 2015 Commons Chamber

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I remind the House that with this we are discussing the following:

Amendment 2, page 1, line 7, leave out subsection (2).

Amendment 7, page 1, line 17, at beginning insert “in relation either to an expulsion or to a suspension”.

This is linked to the amendment below which prevents retrospective judgement of behaviour leading to a final expulsion of a member of the House of Lords.

Amendment 6, page 1, line 17, after “Act”, insert “and any Standing Orders made under subsection (1)”

Amendment 19, page 1, line 17, after “Act” insert

“and any Standing Orders made under this section”.

Amendment 8, page 1, line 18, leave out paragraph (b).

This removes all reference to previous conduct that was not public knowledge.

Amendment 9, page 1, line 18, at beginning insert

“in relation only to a suspension”.

This removes the power of expulsion in respect of previous conduct that was not public knowledge.

Amendment 10, page 1, line 18, leave out from “Act” to end of line 19 and insert

“but since 1 January 2015”.

This limits the application of the Bill’s sanctions to previous conduct that was not public knowledge to just the current year.

Amendment 11, page 1, line 18, leave out from “Act” to end of line 19 and insert

“but since 1 January 2000”.

This limits the application of the Bill’s sanctions to previous conduct that was not public knowledge in the past 15 years only.

Amendment 12, page 1, line 18, leave out from “Act” to end of line 19 and insert

“but since 1 January 1985”.

This limits the application of the Bill’s sanctions to previous conduct that was not public knowledge in the past 30 years only.

Amendment 13,  page 1, line 19, after “knowledge”, insert “in the United Kingdom”.

This limits the scope of public knowledge of previous conduct to what was not known in this country.

Amendment 14, page 1, line 19, at end insert—

‘(4A) A resolution under subsection 4(b) may not relate to expulsion”.

This is an alternative approach to removing the power of expulsion in respect of previous conduct that was not public knowledge.

Amendment 15, page 1, line 19, at end insert—

‘(4A) Standing Orders of the House of Lords set out guidance on what constitutes public knowledge under subsection 4(b)”.

This allows for some certainty as to what might constitute public knowledge of previous conduct.

Amendment 20, page 1, line 19, at end add—

‘(5) nothing in this section shall authorise the expulsion or suspension of members of the House of Lords on the grounds of age, health or length of service”

Amendment 3, in clause 2, page 2, line 2, leave out “Expulsion and”.

Amendment 4,  page 2, line 4, leave out clause 3.

Amendment 5, in clause 4, page 2, line 9, leave out “Expulsion and”.

Amendment 16, line 1, leave out “expel or”.

[Mr Christopher Chope (Christchurch) (Con)]

We were discussing these amendments last Friday. There was a Division and, because the House was not quorate, under the relevant Standing Order we have, in effect, gone back to the start. That does not mean that it is necessary for me to repeat everything that I said last week, because that is on the record. However, I will repeat the point that the Bill is a very serious piece of legislation, because it provides not only for the suspension from service of Members of the other place, but for their expulsion on the basis of breaches of conduct. My amendments are designed to ensure that the code of conduct in the House of Lords is linked specifically with the Bill, so that expulsions and suspensions can take place only for breaches of the code of conduct, rather than just for conduct, as currently set out in the Bill.

The precedent for my approach is none other than the contents of the 2012 House of Lords Reform Bill, which did not make progress because the Government were unwilling to allow the Bill to proceed to a full debate and wanted to control it by a guillotine process. That Government Bill specifically linked the code of conduct in the other place and powers to suspend or expel.

Last week, in the interests of brevity, I did not address amendments 6 and 19. To freshen our proceedings, it might be worth referring to those. They amount to the same thing. How do those two amendments fit into the Bill? The Bill provides in clause 1(4) that

“A resolution passed by virtue of subsection (1) must state that, in the opinion of the House of Lords, the conduct giving rise to the resolution—

(a) occurred after the coming into force of this Act”.

That is a proviso to ensure that the legislation cannot be retrospective and is limited by clause 1(4)(b), which says:

“or

(b) occurred before the coming into force of this Act and was not public knowledge before that time.”

We had some discussion of that last week. The issue is addressed in some of the amendments tabled by my right hon. Friend the Member for Banbury (Sir Tony Baldry).

After the words

“occurred after the coming into force of this Act”,

my amendment 6 would add the words

“and any Standing Orders made under subsection(1)”.

Without the amendment the following could happen. A Member of the other House could behave in a way that people found embarrassing, although their conduct was not in breach of the relevant Standing Orders and code of conduct of the House, but the code of conduct and the Standing Orders were subsequently changed in order to cover that scenario. In other words, without the safeguards set out in amendment 6 and/or amendment 19, it would be possible for the conduct giving rise to the expulsion or suspension to be conduct which, prior to the change in Standing Orders, would not have been in breach of them.

This is a straightforward issue of whether we support the principles of prospective rather than retrospective legislation. In the 800th anniversary year of Magna Carta, I would have thought that we would be very much against introducing more scope for retrospection in our legislation. In fairness to my right hon. Friend the Member for North West Hampshire (Sir George Young), who is promoting the Bill in this place, he said, when I raised this issue in the Public Bill Committee:

“Serious issues have been raised. I will take advice on the issue that my hon. Friend the Member for Christchurch raised about the issue of retrospectivity between the time that the Act comes into force and the Standing Orders being changed. I cannot promise any amendments, but I will see whether I can get some assurances that shed some light on that.”––[Official Report, House of Lords (Expulsion and Suspension) Public Bill Committee, 4 February 2015; c. 13.]

The amendments are designed to ensure that we have the opportunity to put into the Bill the safeguards that my right hon. Friend, in fairness, accepted were reasonable. I therefore hope that they can be put into the Bill and that he will accept, in particular, amendment 6. I look forward to hearing from him all the reasons why the amendment is technically defective or in some other way falls short of the high standards that he has brought to legislation in this place throughout his very long career. Unless or until I hear what those technical objections are, it would be much better for us to insist that the other place deals with issues relating to discipline on a prospective basis rather than a retrospective basis.

We have had similar issues in our own House. The Standards Committee, on which I have the privilege of serving, dealt with the case of one of our right hon. Friends who was being sanctioned by the Parliamentary Commissioner for Standards on the basis of a fresh interpretation of the rule book which, prior to that, had never been thought to be fair or reasonable. The Standards Committee said that if there was to be a reinterpretation of our code of conduct, it should be prospective rather than retrospective, and that we could not start condemning people for acts that they had had no reason to believe were in breach of the code.

The issue was whether someone should make a declaration of interest to the House—to a Committee—when they did not have an interest but might be thought by somebody to have an interest. Until now, it has always been thought that that referred to other knowledgeable people sitting in the Chamber or in a Committee. The commissioner interpreted it as meaning that it could apply to anybody—the person on the Clapham omnibus—such that if they heard somebody talk about a particular subject, even though that person did not have an interest that should be declared, it might seem as though they ought to have one, and that if the other person thought they might have an interest, there was a need to declare that. That is now being incorporated into the new code of conduct, but we took the view that it should not be incorporated with retrospective effect.

That is why amendment 6 is not a mere academic exercise; it goes to the heart of what is fair and reasonable in a rules-based organisation. Before people are accused of breaking the rules, they should know what those rules are, and the rules should not be changed after the conduct takes place just so the person can be brought to book for something embarrassing. That is the brief but fundamental point.

It is clear from the discussions I have had with my right hon. Friend the Member for North West Hampshire that he has sympathy for the amendment, but he may feel inhibited in accepting it, because the Bill is not his Bill. It does not even belong to its promoter in the other place; it is, essentially, like every Bill that comes here on a Friday, a proxy Bill for the Government, who have a veto over all such Bills.

I hope that the Minister of State, Cabinet Office, my hon. Friend the Member for Orpington (Joseph Johnson) will accept that amendment 6 would be a valuable addition to the Bill, rather than detract from it. If he has not had the chance to clear it with the leader of the Liberal Democrat party, I am sure he should not feel inhibited by that and he should feel able to express his view on behalf of the Government today.

The Medical Innovation Bill is also on today’s Order Paper. It was promoted in the House of Lords by my noble friend Lord Saatchi, who was led to believe, as the Bill was going through the other place, that it had the support of the whole Government, but then we read in the Sunday papers that apparently at no stage did it have the support of the Liberal Democrats, although they were not prepared to say so openly. I assume that the Bill being steered through the House by my right hon. Friend the Member for North West Hampshire does have the support of the Liberal Democrats and that they support the principle that we should not legislate retrospectively in relation to conduct that could give rise to expulsion or suspension from the House.

On that basis, I have talked myself into quite an optimistic frame of mind, thinking that the amendment is so compelling that it is likely to be accepted not only by my right hon. Friend, but by my hon. Friend the Minister on behalf of the Government.

International Development (Official Development Assistance Target) Bill

Debate between Baroness Laing of Elderslie and Christopher Chope

Friday 5th December 2014 Commons Chamber

[Mr Chope]

I am very much in favour of increasing our expenditure on defence. The hon. Member for Rochester and Strood said that this Bill set an important precedent. I agree, and it is that it opens the way for my Defence Expenditure (NATO Target) Bill.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Gentleman well knows that this Bill is a narrow one. I appreciate that he is answering the point made by the hon. Gentleman, and it is perfectly reasonable for him to do so, but I am sure that he will not stray into discussing any other Bills whether in his name or that of any other Members.

[Mr Chope]

I certainly shall not do that, Madam Deputy Speaker. I wish to put it on record that there is a threat of us falling below the 2% threshold of defence expenditure as a percentage of GDP. That is a bad thing, and we should be legislating against that possibility.

Business without Debate

Debate between Baroness Laing of Elderslie and Christopher Chope

Friday 7th November 2014 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

On a point of order, Madam Deputy Speaker. On my Order Paper, we have next the EU Membership (Audit of Costs and Benefits) Bill.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

The hon. Gentleman’s point of order has been noted. The Clerk will now read Bill No. 8 on the Order Paper.

EU Membership (Audit of Costs and Benefits) Bill

Motion made, That the Bill be now read a Second time.

Benefit Entitlement (Restriction) Bill

Debate between Baroness Laing of Elderslie and Christopher Chope

Friday 17th January 2014 Commons Chamber

[Mr Chope]

Perhaps we will get a chance to discuss the Employment Opportunities Bill later. As the name suggests, it gives employment opportunities to people who would not otherwise have them. I hope that my hon. Friend has looked at the Bill. To assert, as he has, that the minimum wage cannot have any impact on jobs is to ignore the level at which the minimum wage is set. That is why the Low Pay Commission was set up to look at the level and make recommendations on the minimum wage. I know that you, Madam Deputy Speaker, will be concerned if we start discussing the Employment Opportunities Bill in detail at this stage—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Gentleman is accustomed to making long speeches in this Chamber on a Friday. I am listening very carefully to the content of his speech and to the information he provides to make sure that what he says is entirely related to the Benefit Entitlement (Restriction) Bill. I would be surprised to discover that the hon. Gentleman wished to talk out his own Bill, so I am sure that he will stick very strictly to the matter in hand.

[Mr Chope]

You know as well as anyone, Madam Deputy Speaker, that, ultimately, each Member of Parliament has to be held accountable for his own actions. If I am still speaking at 2.30, I will obviously not expect this Bill to get its Second Reading.

[Madam Deputy Speaker]

I will be very surprised if the hon. Gentleman is still speaking and in order at 2.30.

[Mr Chope]

Apart from anything else, Madam Deputy Speaker, I do not want to exclude my hon. Friends from speaking in support of the Bill.

Parliamentary Voting System and Constituencies Bill

Debate between Baroness Laing of Elderslie and Christopher Chope

Tuesday 19th October 2010 Commons Chamber

[Mr Chope]

Exactly. I agree with the hon. Gentleman and my amendment attempts to mitigate the terms of the Bill, under which some people might have three, four, five or six votes. For example, somebody might put the BNP first and the UK Independence party second, and then vote for some other nationalist party or whatever. All those candidates would never get anywhere near the top of the poll, thereby making it possible for that person to cast a large number of votes. Thus, some people will get a large number of votes, whereas others will not; indeed, they will get only the one vote. One way of explaining the virtues of the first-past-the-post system is to say that it is one person, one vote, which is something that everybody understands.

[Mrs Eleanor Laing (Epping Forest) (Con)]

The hon. Member for Blackley and Broughton (Graham Stringer) made a good point about some people effectively having three, four or five votes. However, is it not the case that the meaning of the word “alternative” is “one of two”, from its true Latin derivation, “alter”? My hon. Friend’s amendment is therefore technically and linguistically absolutely correct. If the system is to be called the alternative vote system, the sense of “one of two” must come into it somewhere, not the sense of “one of four or five”.