Recall of MPs Bill

Debate between Graham Stuart and Lord Jackson of Peterborough

Tuesday 21st October 2014 Commons Chamber

[Mr Graham Stuart]

I suppose the worst case scenario with the Government’s Bill is when somebody does something that the public regard as pretty serious, yet which neither leads to a custodial sentence, as many noxious things do not, nor to a suspension of a sufficient number of days, and we are left with the public feeling cheated by a recall Bill that did not deliver what they would have expected.

[Mr Jackson]

My hon. Friend makes a very good point, but I come back to a central issue that was touched on by my hon. Friend the Member for South Dorset (Richard Drax) about the split between the Executive and the legislature. I believe one of the lessons of the expenses disaster was the failure of the Executive properly to embrace the Freedom of Information Act, openness and transparency at an early stage across all parties, and what we see here is the sins of the Executive being visited on the legislature and Back Benchers.

The concept of the Executive facing up to their own responsibility is long past, with Peter Carrington’s resignation as a result of the Falklands invasion and, for those who can remember their constitutional history, Crichel Down in 1954, when the Minister of Agriculture, who I believe was Sir Thomas Dugdale, resigned as a result of a piece of land, the sale of which was mishandled by his Department. Ministerial responsibility for the Executive is much less in fashion than it ever used to be. What we are being asked to do today, particularly with the amendments of my hon. Friend the Member for Richmond Park (Zac Goldsmith), is take to the nth degree the accountability of the individual Back Bencher, and therefore I do think there is an asymmetrical approach. The merit of the Government’s Bill is that at least it adequately formalises the sanctions around criminal misbehaviour and malfeasance, taking into account the reforms, openness and transparency that have been in place since the expenses crisis.

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[Mr Stuart]

The hon. Gentleman is right. That is why, although I will reflect on what I have heard today—I am less sure than I was about supporting the amendments —my opinion is still that we should trust the public. We want the public to trust us, and we need to trust them. However, we need to ensure that we do not allow a tiny minority of the public to use recall in a way that most people, even in the area concerned, regard as untoward and unreasonable, simply because it is there and they feel they can use it. If that small minority are feeling powerless and think that their voice is not being heard, they will pick up whatever instrument is to hand and seek to use it to propagate their case, which they no doubt feel strongly about. That balance is what we are agonising about today.

I try to look at this from the perspective of the public outside. They will wonder why we are putting so many barriers in the way of their deciding to exercise a right of recall and remove people from this place. As Chair of the Education Committee, I am reminded that so many teachers, or certainly the teaching unions, appear to go to such lengths to protect the worst-performing teachers in the system even though, in every case, the teacher who is idle, has low standards or fails their pupils undermines morale in the staff room and all the hard work of most teachers in the school, and those elsewhere who do so much to prioritise teachers. However, standing here in this Chamber, I guess I can recognise the sense of, “If they come for one, they may come for all.” A certain paranoia runs through us.

[Mr Stewart Jackson]

My hon. Friend is making a strong speech. I think that the answer to his reasonable question as to why some of us are challenging the received wisdom is that, to the best of my knowledge, we have not heard an example of a Member—someone who makes laws in this House—who is a criminal who has not been subject either to disciplinary proceedings or to a criminal sanction in the past 10 to 20 years. I have not heard any such example.

[Mr Stuart]

My hon. Friend made a powerful speech. At the heart of the issue is whether the public, with no prior wrongdoing having been proved, can be trusted to use this power without it being abused in order to challenge Members on matters of conscience. I do not often speak up for the Liberal Democrats, but in this Parliament our coalition partners took an unpopular decision on tuition fees as part of a coalition agreement that they thought was in the national interest. Members representing university towns may have taken that decision even though they stood on that manifesto pledge. Following this debate, I am going to have to wrestle with the idea of whether I am confident that the proposed process would not have been used to turf out those MPs for doing what they thought was right. It would be terrible if the fear of recall were to influence not how Members treat their constituents or work on their behalf, but how they vote. That goes to the heart of the debate.