Recall of MPs Bill

John McDonnell Excerpts

Monday 27th October 2014 Commons Chamber

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Amess.

I will speak first about the clause as it stands. I will then explain the purposes of the Opposition amendments and set out our view of the amendments tabled by the hon. Member for Richmond Park (Zac Goldsmith) and others. Finally, I will briefly address the amendments tabled by the hon. Member for Somerton and Frome (Mr Heath) and others. Later in the debate, when the arguments have been set out more fully, my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) will make another contribution to sum up our position.

I want to place on the record Labour’s support for the principle of recall when an elected representative’s conduct falls well below the standards that Parliament and their constituents expect. That is why our manifesto in 2010 promised to introduce recall legislation and why we supported the Bill’s Second Reading last Tuesday. We made it clear during that debate that we would table amendments to strengthen the Bill. Before I turn to the amendments that we have tabled, as promised, I will talk briefly about the Standards Committee, which recommends the suspensions from the House that could trigger a recall.

The Opposition agree with those inside and outside Parliament who believe that we must reform the Standards Committee in order to build public trust. Although amendments on the Standards Committee were not within the scope of the Bill, I want to place on the record the Labour party’s support for a radical overhaul of the Committee. That would include the removal of the Government’s majority and an increase in the role and authority of its lay members. We propose that at least half the Committee should be lay members and that the Chair of the Committee should not be a Member of Parliament. I note that the right hon. Member for South Cambridgeshire (Mr Lansley), who was the Leader of the House for two years, has backed changes to the Standards Committee. If his comments are indicative of a wider view on the coalition Benches, let us move swiftly to build cross-party support for reform of the Standards Committee.

We tabled four of the amendments that are being considered today and I will set out how each of them would strengthen the Bill. Amendment 45 seeks to amend the threshold for recall that relates to suspensions from the House of Commons. The Government propose that MPs will have to be suspended for more than four sitting weeks or 28 calendar days for the threshold to be reached for recall petitions. According to the excellent research services of the House of Commons Library, it appears that that threshold would have been met on only two occasions over the past two decades, and that no one found guilty during the cash for questions scandal received a sufficiently long suspension to meet the Government’s proposed threshold.

Labour believes that that is not acceptable and therefore proposes the halving of the threshold figures. We are clear, however, that we should not lower the threshold to such a level as would merely allow vexatious and mischievous claims. In addition, we must recognise that parliamentary dissent is part of our democratic heritage, and a Member who is standing up sincerely for their beliefs should not find their right to protest compromised by unnecessary recall petitions. None of those who were suspended for protesting in the Chamber—unless they were serial repeat offenders—would be caught by our amendment. Therefore, we believe that it strikes the right balance of strengthening the right to recall without jeopardising parliamentary democracy.

[John McDonnell (Hayes and Harlington) (Lab)]

May I be absolutely clear on this? Is my hon. Friend saying that there could be a cumulative number of days and number of suspensions—I take this as a matter of personal interest?

[Thomas Docherty]

I am most grateful for my hon. Friend’s intervention. We are clear—I look to the Minister to clarify this when he responds—that it is a case of suspension, not a running total, although one hopes that we will not see my hon. Friend too near to the Dispatch Box and the mace in the near future.

--- Later in debate ---

[Mr Heath]

That is another precise difficulty in the drafting that I foresaw. If the hon. Gentleman looked at my new clause—there are so many tabled in the name of the hon. Member for Richmond Park (Zac Goldsmith) that I cannot find it at the moment. [Interruption.] Yes, new clause 7, which states:

“The court may consider such conduct whether or not it is committed in England and Wales, and whether or not it is committed directly in carrying out the office of member of parliament.”

In other words, it deals with the Member of Parliament irrespective of that hazy definition of what the terms of contract of MPs are. I accept that this is a difficulty, however, and I do not want to pretend anything other than that these are difficult issues. I hope the Committee will accept that this is a genuine attempt to find a solution to a very difficult problem.

[John McDonnell]

I commend the hon. Gentleman for the struggle he has entered into. Let me provide him with this practical example that occurred in my constituency in the 1980s. Statements were made in this House that we considered to be of a racist nature, and we thought that they would have been prosecutable if they had been made outside this place. The individual, however, was covered by parliamentary privilege, so was not brought to book. He could only have been brought to book if there had been a right for the electorate to trigger a recall.

[Mr Heath]

That is the other major drafting difficulty. I do not believe it would be right for me to put something before the Committee that accidentally repealed the Bill of Rights. I think the Bill of Rights provides important protection to Members. My proposals skate on the very edge of what counts as parliamentary privilege and what does not. If the words had been uttered here, they would not be covered by the recall procedure, but I do not think they should be covered by that procedure rather than by having a general election. That is my answer.

What mechanism am I proposing? It is for 100 electors from the constituency—[Interruption.]

--- Later in debate ---

[Anne Marie Morris]

No, I will not: read my lips.

You have been incredibly indulgent, Mr Hood, and I know that many other Members wish to speak in this debate. New clause 2 goes to a matter of trust and is sufficiently important for me to ask for it to have a separate vote when we decide on the amendments. On that note, I will conclude my comments.

[John McDonnell]

I am grateful to the Minister for his response on the calculation of days. To be absolutely clear—again, this is not out of personal interest at all—I take it that this totting-up process is within one parliamentary Session. I would be happy if the Minister confirmed that.

[Greg Clark]

indicated assent.

[John McDonnell]

If there is to be an additional number of days, those cannot be carried over from one Session or some of us may well be in trouble or face the 20 days. I take the straightforward view that this is an evolving piece of legislation, and I am grateful—the Committee will not often hear this—for how Front Benchers have tried to get a dialogue going to hone the legislation to make it effective. I do not know—who am I to speak for the general public?—but from what I understand, I do not think those who have been campaigning for the right of recall for some time will be satisfied either with what the Government are proposing or with the Opposition amendments. I think the public want something much more direct on the ability to recall an MP not just for misconduct or wrongdoing, but because they have said or done something that is so outwith the opinion of their constituents, or so obnoxious, that people are willing to campaign for their recall.

I do not find that a problem. Democracy is a rough old trade at times. We live and die by the sword and the votes. On a number of occasions since I have been in the House, elements within my electorate would have sought a right of recall because of my views on Ireland—I chaired the Guildford Four campaign for a number of years—or, at one point in time, because of my views on the life expectancy of Mrs Thatcher. They should have that right. They should be able to bring together fellow constituents to suggest that something is so appalling that a Member of Parliament should be brought before the court of the electorate once again.

The fundamental issue is the one that my hon. Friend the Member for North Durham (Mr Jones) raised. How do we get that equivalence of influence or power? I understand his argument that one newspaper with vast amounts of resources could campaign against an MP. The Sun had a pop at me at one point in time but, when that occurred, my popularity went up and my majority increased—that has happened to others. He makes a valid point that that might be different if there is a by-election threat or recall outside a general election.

We need further thought on the right of reply, which the hon. Member for Newton Abbot (Anne Marie Morris) mentioned. How can that be strengthened in terms of both the statements that are made and the media? That throws up the issue of media ownership, which is a wider debate. We will be forced to come back to that and other issues at a later stage, but my view is that the electorate are not just demanding the right of reply, and there will be a reaction if we do not give them a right of recall beyond the proposed one.

Some people are not happy with the right of recall campaign by 38 Degrees. It was effective not because it was backed by big finance or a national newspaper, but because it was a grass-roots campaign. E-mails coming in their hundreds can be annoying to some MPs, but they demonstrate the vibrancy of our democracy and people’s interest.

Politics has changed in this country. People’s views are no longer shaped solely by the newspaper they read or by the influence of the magnates who own large sections of the media. We are witnessing a lot more people power. People are able to influence individual campaigns and therefore, rightly, to influence MPs’ views. My hon. Friend the Member for Swansea West (Geraint Davies) was anxious about individual campaigns—he mentioned a planning proposal for the beach. I welcome those campaigns. I welcome people’s ability to mobilise and express their views, no matter how forcefully. I find that, when I explain to campaigners that I cannot support them, I win their respect. I am sure the situation is the same in his constituency on most occasions.

[Geraint Davies]

I welcome campaigns in my constituency and a vibrant and active democracy. The question is whether we allow a situation whereby an MP is subject to a series of recall demands or intimidation, which would take us to a different place from the one that my hon. Friend describes, which is simply a healthy democracy.

[John McDonnell]

I do not believe that people petitioning or lobbying, or even media campaigns, are intimidation.

[Geraint Davies]

I am talking about recall.

[John McDonnell]

Well, the right to recall time and again is the exercise of the democratic will of the local people. I do not find that intimidating. It is a democratic expression of views and I welcome it.

In Scotland, there was a huge turnout in the referendum. All of us welcomed it. People might not have welcomed the result at the end of the day, but we all welcomed that turnout. It is alleged that there were elements of intimidation in the campaign. Nevertheless, people had the sense to make up their own minds, whatever intimidation went on.

[Jeremy Corbyn (Islington North) (Lab)]

I thank my Friend for giving way on that point. I support the amendment we will vote on later. Clearly, what he says about expanding democracy and participation is true—it is welcome and good. Does he agree that there is a very large elephant parked outside the Chamber, namely the House of Lords, which is not subject to any kind of electoral accountability, and yet has a huge influence on legislation and can decide the future of Bills and laws in this country? Surely we need the right to recall or remove Members of the House of Lords.

[John McDonnell]

We will draft amendments for the next stage of the Bill. I had not even thought of amending it to that extent, but my hon. Friend makes an important point. We could make it a constitutional reform Bill.

[Geraint Davies]

I completely agree that the referendum in Scotland was a great expression of the democratic process, but does my hon. Friend agree with a series of referendums on Scotland? An MP could be recalled every couple of months if there was a focused attack on them. I presume he would not want another vote in Scotland, but perhaps he would.

[John McDonnell]

There may well be another referendum in due course. We might have to listen to the electorate on that and respect their views. If there is a continuous flow of recalls in an individual constituency, that might reflect that there is something seriously wrong within it. I believe the electorate are wiser than that. If a small group campaigned against an individual MP, the electorate would see through it. The electorate who vote in a recall are the same as those who will vote in a general election. I do not see that there would be a significant difference, apart from, as my hon. Friend the Member for North Durham has said, the focus of big money or a powerful magnate on a short campaign, which we need to address in the debate.

[Mr Kevan Jones]

I hear what my hon. Friend says, but he should look at what has happened in the United States. Big money gets behind the campaign. There is a recall when the big money does not like the result—the gun control lobby in Colorado is a good example. The turnout in the recall election can be quite small—I believe it was 36%. The hon. Member for Richmond Park (Zac Goldsmith) said that we would need 51%, but it will be 51% of a small amount of the electorate.

[John McDonnell]

I say again that my hon. Friend makes an extremely valid point on the influence of big money in recall elections, but I remind the House that, even after a recall, the individual has the right to stand at the general election, when the same electorate will vote. Therefore, if an individual is unfairly treated in a recall ballot in that way and unfortunately loses, they can stand at the general election, in which they will have the same standing as every other candidate who puts their name forward. There are protections, but he has a valid point that Front Benchers need to consider. How can an individual have the right to voice their views during a recall campaign in a balanced way, with an equivalence of resources and access to the media? That goes beyond new clause 2, tabled by the hon. Member for Newton Abbot, which I support. When the recall campaigns take off, they will be driven in some instances into the local media, and in some instances the national media.

It is a simple principle: trust the electorate and the people. The proposed system still has the hurdle of the House taking a decision on whether a recall process is set in motion. The proposal still involves the House narrowing the definition of the basis for recall. Our constituents might have a much wider view of misconduct and wrongdoing, and we must listen to them.

This is not just about restoring confidence in Parliament. We went downhill in the expenses scandal—that disaster affected all MPs, no matter how honest they were, and those who drove us into the mire damaged us all. We are slowly building confidence. I agree with other hon. Members: people come into the House to do good. This was an honourable profession, and I believe it still is. For most of us, the proudest moment of our lives was when we were elected to represent our constituents. The recall discussions will give the message that we have listened and are willing to tackle the problem, no matter how hard it is.

[Naomi Long (Belfast East) (Alliance)]

I accept much of what the hon. Gentleman says. However, does he agree that MPs from the larger parties have a degree of protection in that they can afford to continue to fight against recall petitions and elections, and that if MPs from minor parties, who have limited resources, are constantly put under the pressure of recall, they would be eliminated not for any wrongdoing, but simply because they can no longer afford to fight to hold their seat?

[John McDonnell]

That is a valid point about equivalence of arms, and the Front Benches should examine further the controls on expenditure during such periods, as well as the right of access to the media. I should point out, however, that some of us in the larger parties might not get complete protection in some instances—I shall put it no more strongly than that.

I support the amendments, and I welcome the willingness of those on the Front Benches to work together to get a workable piece of legislation that we can all support. I also look forward to the amendment to abolish the House of Lords to be tabled by my hon. Friend the Member for Islington North (Jeremy Corbyn).