Notification of Arrest of Members

Jim Shannon Excerpts

Wednesday 10th February 2016 Commons Chamber

[Mr Walker]

My hon. Friend makes a valid point, which I shall now go on to answer.

In brief, the House has five choices. Option 1, as set out in our report, is to ensure that the law of the land is applied equally to Members of Parliament as it is to our constituents. Option 2 is for the House to retain the status quo, thereby knowingly putting itself and the police on the wrong side of the law. Option 3 is for the Home Secretary to amend schedule 3 of the Data Protection Act 1998 to specifically exempt Members of Parliament from its universal protections, which in itself would create a precedent for a two-tier system tier of justice—the very thing our constituents do not want.

Option 4 is to amend primary legislation, so that the names of all suspects are released by the police at the point of arrest, not at the point of charge. Of course, that would be welcomed by the press, as it would aid it in its pursuit of celebrities and other people of interest, but it would be devastating for those tens of thousands of people who are arrested but never charged with any crime.

Option 5 is for the House to abandon privilege in respect of our parliamentary duties in the hope that no future despot would want to detain us from them on trumped-up political charges. Of course, if we follow that route, tonight’s entire debate would be a dead letter.

[Jim Shannon (Strangford) (DUP)]

When the Anglo-Irish agreement was signed by Margaret Thatcher in 1985, Unionists were enraged because it totally ignored them. Unionists at all levels, including then Members of this House—this was before my time—were involved in a campaign of civil disobedience and a then MP was arrested in that campaign. Was any consideration given to those examples of civil disobedience?

[Mr Walker]

When people engage in civil disobedience, they tend to want to have it reported, so that would not be covered. They would be charged, and of course, at the point of charge, it becomes public information. Of the people who took part in those protests, I think that 10 individuals—on 13 separate occasions—were imprisoned.

Of the five options I have outlined, the Procedure Committee opted for option 1, as we generally think it is a good idea for the laws of the land to be obeyed by the Parliament that creates them. Indeed, that is the minimum expectation that our constituents have of us, so I am amazed that some colleagues are tying themselves up in knots about this modest proposal.