Business of the House (13 May)

Debate between Julian Lewis and Christopher Chope

Wednesday 8th May 2024 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

We have, I think, another hour and three quarters, or a little longer, in which to debate this motion. The point I want to make at the outset is this: why are we wasting so much valuable sitting time because of the way the Order Paper is being arranged? Perhaps my right hon. Friend the Leader of the House, who I hope will respond to this short debate, can explain to us how it comes about that we have the best part of two hours to debate this motion, yet the motion states that we have two hours maximum to debate a much more important motion on Monday. That motion is in the name of the Leader of the House and relates to the exclusion of MPs. We had, I think, four amendments tabled to the Finance Bill, but there are already eight amendments tabled to the motion for Monday, which shows that there is quite a lot of interest in it. Those amendments include one from the hon. Member for North East Fife (Wendy Chamberlain), who wishes us to go back to the situation that pertained in the original motion relating to the risk-based exclusion of MPs.

The original proposal was that Members could be excluded just on the grounds of suspicion. I tabled amendments against that proposal, together with colleagues, and it is to the credit of the Leader of the House that she has come back with a revised motion that makes it clear that exclusion would not begin to apply unless or until somebody had been charged with a violent or sexual offence.

[Sir Julian Lewis (New Forest East) (Con)]

As one of the colleagues who signed my hon. Friend’s suggested amendment, I found alarming the suggestion that an MP could be suspended on the basis of an allegation. It does not require much imagination to see certain circumstances in which an MP could be targeted by someone making a serious allegation with no factual underpinning whatsoever, and then having to be suspended. It is astonishing, frankly, that we could be put into such a situation on so flimsy a basis.

[Sir Christopher Chope]

I agree absolutely with my right hon. Friend, to whom I am grateful for supporting my amendments to the original motion. I am sure that it will be of concern to him that the hon. Member for North East Fife (Wendy Chamberlain) has tabled amendment (h) for debate on Monday, which would effectively take us back to the original motion by suggesting that, instead of having to be charged, a Member would only have to be arrested on suspicion of committing an offence in order to be excluded from this House.

--- Later in debate ---

[Sir Christopher Chope]

I take that point absolutely, Mr Deputy Speaker, but I think we have already had a taste, from the couple of interventions, of the fact that this is a controversial subject, for which two hours of debate on Monday is inadequate. The purpose of this debate is to decide whether we believe that a motion limiting debate on Monday to two hours is the right or wrong course, and I would suggest that it is the wrong course.

[Sir Julian Lewis]

While fully accepting your guidance, Mr Deputy Speaker, I must say in response to the intervention from the hon. Member for Birmingham, Yardley (Jess Phillips) that I said nothing about somebody who had been arrested. The original wording to which I objected did not refer to someone having been arrested; it was simply about whether somebody had been accused of something. On the point about someone having been arrested, I might well agree with her interpretation; it would depend on factors such as the bail circumstances.

[Sir Christopher Chope]

One issue is that people can be arrested and not know whether they will be charged for months, if not years. During that period, they are in limbo and under suspicion, but are, under the principles of justice in this country, innocent until proven guilty. I think it is reasonable, if somebody is charged with an offence, that the matter is moved on, and that their identity is known. However, quite often, people may be arrested and their identity will not be known.

The point I am making is that this is a controversial subject. The new motion that the Leader of the House has brought before us is more in line with what is proposed in the other place, which probably has even more legal wisdom than this House. It decided in a similar debate that it would be wrong to exclude Members from the parliamentary estate on the basis of suspicion or mere arrest, and that a charge was needed. I submit that it is desirable to have consistent rules across the whole parliamentary estate, because people can move freely between the different parts of the estate, so if somebody in the other place is subject to a different regime from somebody in this place, that will create extraordinary anomalies.