Recall of MPs Bill

James Paice Excerpts

Monday 27th October 2014 Commons Chamber

[Zac Goldsmith]

Those fears, however sincere, are misguided, and I want to explain why before I take any further interventions.

First, on a technical level, the numbers make such a thing virtually impossible. To reiterate, under my proposals, no Member could be recalled unless 50% plus one of his or her constituents voted for that recall, so there would be no question of a minority hounding an MP out of office—unlike with the Government’s plans, under which, bizarrely, 10% of constituents could throw out their MP, even if the other 90% absolutely adored them—and no Member could even face a full recall vote unless 20% of electors, or roughly 14,000 people, made the effort to go in person to a town hall, within a limited time frame, to sign a petition asking for one. We heard last week from hon. Members who had received 500 e-mails about badger culls and 400 e-mails about equal marriage, but those figures of 400 and 500 would be nowhere near enough to topple an MP, to trigger a referendum, or even to get to the point of having a recall petition. Those numbers are pitifully small compared with those required to clear the hurdles even to instigate the process that I am describing. What is more, those letters that MPs receive are often online and in template form; they can be sent at the mere click of a mouse. We are talking about a completely different scenario.

It is no coincidence that many of the Members who have unfairly faced the greatest difficulty during this Parliament, the very people whom the critics of recall might imagine to be the most vulnerable to attack, have put their names to my amendments, and they were the first to do so—my hon. Friends the Members for Wellingborough (Mr Bone) and for Ribble Valley (Mr Evans) and my right hon. Friends the Members for Sutton Coldfield (Mr Mitchell) and for Meriden (Mrs Spelman). They did so because they know that the existence of recall is the best possible way of challenging a noisy minority of critics either to put up or shut up. They know that when a recall petition fails to materialise, a Member will be able to turn to his or her tormentors and say, “The silent majority does not share your view.”

[Sir James Paice (South East Cambridgeshire) (Con)]

I entirely share my hon. Friend’s view that many of the letters we receive are identical, having been prompted by one source, and that they represent a tiny minority. Could not that be said of the e-mails and letters we have received in support of his amendments?

[Zac Goldsmith]

Even if my right hon. Friend had received not a single letter in support of recall, that would not change my own commitment to trying to secure this very minor but nevertheless meaningful reform.

The key point that I plead with Members to consider is that people can be trusted. They are not a mob of fools who are easily driven to the polling booths by manipulative media barons; they are our friends, our neighbours and our family. They can tell the difference between the rare examples of misbehaviour or betrayal so egregious that justice demands recall and the much more frequent instances of legitimate disagreements on policy or of trivial, minor foolishness. Although he spoke against recall very well last week, I think that the right hon. Member for Holborn and St Pancras (Frank Dobson) made that point himself, albeit inadvertently, when he said that his predecessor could easily have been recalled because of her views on abortion—she represented a largely Catholic seat—but she won seven elections, and in each one her majority grew. Voters are like us: they can respect and support someone without having to agree on every single issue. Very few people in this world are motivated purely by one concern over one issue.

--- Later in debate ---

[Thomas Docherty]

I am most grateful to my hon. Friend. The hon. Member for Richmond Park has been struggling for four years to come up with a workable definition. The reality is that a failure to do so does not give us a pass to proceed without a definition. We are deeply concerned that these provisions would be open to vexatious challenges.

[Sir James Paice]

I am following what the hon. Gentleman is saying very carefully. He is right that nobody has managed to define wrongdoing. Does he not accept, however, that the two different amendments tabled by my hon. Friend the Member for Gainsborough (Sir Edward Leigh) and I have in their own way sought not to define wrongdoing but to exclude certain issues relating to freedom of expression, which we will come on to later? Rather than defining wrongdoing, we could make exceptions to what is clearly not wrongdoing.

[Thomas Docherty]

My hon. Friend the Member for Liverpool, West Derby will touch on that point and on points made by the right hon. Member for Somerton and Frome and others.

--- Later in debate ---

[Sir Edward Leigh]

The Minister dealt precisely with that point, and I am quite prepared to engage in discussions with the Government. I do not want to defend somebody who puts down questions for cash. That was not the purpose of my amendment. In fact, the hon. Member for Somerton and Frome came up to me at one point and said, “If you inserted the word ‘properly’ in the middle of the amendment to make sure you were acting in a proper fashion, and you were just expressing a point of view that this procedure should not be started, we could resolve the issue.” So I am sure we can deal with this point.

My right hon. Friend the Member for South East Cambridgeshire (Sir James Paice) has a very similar amendment that would kick in if that of my hon. Friend the Member for Richmond Park is passed, so we are working in tandem on this. If the latter amendment is passed—I do not want to speak for my right hon. Friend, who can speak for himself—I urge Members on both sides of the House to think carefully about my right hon. Friend’s amendment. It would make it clear that, although we had accepted the point of view of my hon. Friend the Member for Richmond Park that the process should be taken out of our hands entirely, this whole recall procedure could not be started just on the basis of how one speaks and votes. If, as I suspect from the speeches we have heard, we reject my hon. Friend’s amendment, I hope the Government will look kindly on my amendment so we can include it in the Bill and clearly preserve the freedom and liberties of this House, which we value so highly.

[Sir James Paice]

When my hon. Friend the Member for Gainsborough (Sir Edward Leigh) said that I can speak for myself, I was beginning to doubt whether I was going to get the opportunity, particularly as it is probably a couple of hours since the Minister replied to the speech that I had not then given.

I should start by pointing out that I am speaking with complete independence, because whatever happens to the Bill, it will not apply to me as I am not seeking re-election. I am therefore looking at it, I hope, as objectively as possible. As my hon. Friend has just said, my amendment (a) is to new clause 2, so if new clauses 1 and 2 fail, my amendment obviously falls. I have some sympathy with those amendments, although nothing like enough to make me support them as they stand.

My hon. Friend—he is a friend—the Member for Somerton and Frome (Mr Heath) deserves credit for trying to find a way forward beyond the way the Bill goes, but nothing like as far as my hon. Friend the Member for Richmond Park (Zac Goldsmith) has gone. I am slightly in conflict with my hon. Friend the Member for Gainsborough (Sir Edward Leigh) because, despite his brilliant historical exposition of the freedoms we have in this House, I think the time has come when we have to recognise that the public do not trust us to manage our own affairs. We have accepted that in respect of allowances, although I will not go down that road. We are not all particularly thrilled with what we have, but never mind: we have accepted it. I think we probably have to accept it in this context, as well, but in nothing like as wide open a way as the amendments tabled by my hon. Friend the Member for Richmond Park and others suggest. As I say, I pay tribute to my hon. Friend the Member for Somerton and Frome, and I was really pleased that the Government intimated that they will look at his proposals.

I want briefly to explain why I wanted to table this amendment. If the Committee is minded to support my hon. Friend the Member for Richmond Park, it is crucial that we narrow down the field to which recall could be applied. I know that he and others take a different view—that the field should be wide open and we should entirely trust our constituents in that regard—but as many Members have said this evening, I seriously wonder whether we are creating a problem unnecessarily, and an opportunity for large pressure groups, probably backed with big money, to make a big impression on this House and to counter and influence the way in which Members vote.

The hon. Member for Swansea West (Geraint Davies), who is no longer in the Chamber, cited his experiences, and the hon. Member for Walsall North (Mr Winnick) referred to when he was a Croydon Member—there seems to be a history of Labour Members representing Croydon marginals for short periods—with a majority of 81. Fortunately, I have not been in that position, but I fully understand why people with such a majority may feel pressurised about how they vote. This is not a party issue, and I am delighted that Conservative Members have a free vote, as is only right and proper.

[Mrs Anne Main (St Albans) (Con)]

My right hon. Friend talks about Members who, like me, represent marginal seats. We must be careful that we do not give the public the completely wrong impression that we are not going for this idea because we are running scared of being destabilised in such seats.

[Sir James Paice]

I note what my hon. Friend says, but I would not be prepared to say that, if I had a majority in the order of 100, I would not be very concerned about what people thought about me. I am concerned anyway, but at least, for the reasons that my hon. Friend the Member for Gainsborough set out, I am able to stand here and say whatever I like in the knowledge that I am protected by privilege. I would not wish to abuse that privilege—I do not think that I have ever sought to do so—but if what a Member said could be held against them, as might be the case if the amendments are agreed to, we could jeopardise their opportunity to speak with the freedoms that we rightly pride in this place.

Like other Members, I have looked up a couple of statistics. Only 207 hon. Members—less than a third—received over 50% of the vote. Indeed, 100 Members received the votes of less than 25% of their electorate, which demonstrates just how tight things really are. We can imagine the opportunity for well organised and probably well funded pressure groups to exert influence on Members with a small proportion of the vote—just enough to have scraped home—through the threat of recall. It is easy for Members to say, as some have, “I am far too strong-minded and I will not be bought,” but I challenge that. It would be a brave individual who faced such pressure yet did not feel that they might have to bend to it.

I will not add to what we have heard about vexatious cases, but those of us who have been here for a number of years know that all Governments, of all complexions, become very unpopular at sometime during their mid-term—some are unpopular for the whole term—yet despite that, they quite often get re-elected. However, during that mid-term period of unpopularity, it would be possible to have a series of recalls in tight marginal seats simply to change incumbency, and that could end up changing the Government. I do not have a problem with a change of Government between general elections—that is democracy—but it would be wrong if that were to arise because of a concerted effort targeted at specific MPs on the basis of things that they had said or votes they had cast. That was why I tabled amendment (a) to new clause 2, which would protect Members by not allowing reasons relating to their freedom of expression from being cited in a statement of reason.

In response to the speech I had not then given, the Minister said that my suggestion would work only to a certain extent, because it would not stop such issues being raised as part of a general campaign. However, if those issues could not be cited as reasons for seeking a recall petition, that might be enough to stop a campaign from starting, as other reasons would need to be cited in the statement. It is perfectly true that there could be other mechanisms for publishing the real reason, which is how the Member had spoken or voted, but I think that preventing that being promulgated as the official reason that goes out with the petition would offer considerable protection.

If there is a better way of doing that, obviously I, like other Members who have proposed amendments, would be happy to listen to it. However, if the Committee is minded to support new clause 2—as I have said, I could not possibly support it unless my amendment (a) is accepted by its proposers—I would have to oppose the whole raft of amendments standing in the name of my hon. Friend the Member for Richmond Park and other hon. Members.

If we stopped people on the street and asked them about recall, most would say—if it registered at all—that it relates to misconduct and bad behaviour. Very few would relate it to votes, speeches or views. Nevertheless, I think that there is that risk, and I want to protect hon. Members from it. My amendment would prevent anybody giving as a reason for recall anything that fell under freedom of expression. My hon. Friend the Member for Gainsborough has tabled a similar amendment, but I will not repeat what he has said.

Having been a Member for more years than I care to remember, I fear that the idealistic way in which the amendments have been cast means that they are just too broad. As I said at the outset of my comments, I fully accept the need to go further than the Government are going, and I think that there is a need for popular involvement, but it has to concentrate on the real issues that cause the public concern: unacceptable behaviour by their Member of Parliament that devalues their role. We all agree that that is necessary. The issue is whether we extend that to matters relating to freedom of speech, which I think would be a step too far.

[Crispin Blunt]

I am delighted to have the opportunity to speak at the end of the debate, presumably before my hon. Friend the Member for Richmond Park (Zac Goldsmith) responds. It has been a really excellent debate. However, we need to remember where the Bill, and the amendments that have been tabled, come from. They arrived in all the parties’ manifestos in 2010 as a response to the expenses disaster. All of us who lived through that know how debilitating it was and understand the enormous damage it did to the reputation of this place.

We have here a collapse of institutional self-confidence. With regard to how we can regulate ourselves and prostrate ourselves in front of our electorate, almost nothing is good enough in addressing that lack of confidence and trying to regain some of our reputation with the electorate. I suggest that the proposition coming from the Government, in the form of the Bill, and the amendments proposed to it are a continuation of that. As an institution, we are like a whipped dog that is simply cowering ever lower.

Counter-intuitively, I think that it is about time we started making the case for this institution and for how it works, as political parties that are here to support an Administration that is able to put through a credible programme of government for four or five years—now five years, by statute—and to govern effectively in the interests of the country.

My hon. Friend the Member for Mid Bedfordshire (Nadine Dorries) put the populist case absolutely wonderfully in her brilliant polemic, but I am afraid that a rather difficult practical case must be put in opposition to it. If we all took her principled view about our duties in this place, we would not have an Administration for four or five years who were capable of putting together a coherent programme of government and addressing the issues of the country over the lifetime of a Parliament. I know that she does not like the Whips Office—I served in the Opposition Whips Office for about five years, so in that sense I am guilty as charged—but, as Enoch Powell said, Whips are the sewers of the system; they are absolutely essential to the general health of the entire system. She criticises her colleagues for doing “grubby deals” on this and that, but that is what we have to do in order to build a coalition either within a political party or between political parties to deliver coherent government.