Recall of MPs Bill

Jacob Rees-Mogg Excerpts

Tuesday 21st October 2014 Commons Chamber

[Greg Clark]

My hon. Friend takes us on to an area that could detain us for the rest of the day. He and I would prefer to be implementing all the Conservative party’s manifesto commitments, but the electorate did not give us a majority, so we formed a coalition, which I think has made great achievements, not least by turning around the economy through its effective, long-term economic plan.

Let me set out the provisions that will govern the debate not just today, but in Committee and on Report. There are two conditions under which a recall petition would be opened. The first trigger is if a Member of Parliament is convicted in the United Kingdom of an offence for which they receive a custodial sentence of 12 months or less. At present, any MP who is imprisoned for more than a year is automatically disqualified from Parliament, but if they receive a sentence of 12 months or less, they can keep their job until the next general election. The Bill will close that loophole.

The imprisonment of a Member of Parliament will, quite understandably, cause many constituents to question their faith in that MP. Incarceration not only indicates serious wrongdoing, but prevents that Member from doing their job effectively, so the Government believe that constituents should be able to decide whether there should be a by-election in such circumstances. Of course, it would remain open for the recalled Member of Parliament to stand as a candidate in that by-election, should they wish to justify the actions that led to that sentence of imprisonment.

[Jacob Rees-Mogg (North East Somerset) (Con)]

I broadly support the Bill, but with regard to that point, is it strictly necessary? It is open to the House—this has been done in the past—to expel a Member who has been sentenced to prison. Is it not the failure to use our existing powers, rather than a need to create new powers, that is at issue?

[Greg Clark]

My hon. Friend, who is learned and reflective on these matters, is right that the power to expel a Member exists. However, constituents do not have the power to decide whether a seat should be vacated, but that would be available under the Bill.