Recall of MPs Bill

Kevan Jones Excerpts

Tuesday 21st October 2014 Commons Chamber

[Stephen Twigg]

They are those who are representative of the full range of the public. Often people who are appointed to some of these committees will tend to be—how shall I put it?—the great and the good, who are not necessarily entirely representative of the full range of the public. That is what I understood by the phrase, “genuine members of the public”. Of course, there will be strong opinions on both sides of this debate, which is why the Committee stage will be so important.

Let me now address the amendments that the hon. Member for Richmond Park (Zac Goldsmith) is likely to table. First, I welcome his contribution and that of all Members on the committee chaired by the right hon. Member for Haltemprice and Howden (Mr Davis). It is probably fair to say that the Government may not have put this Bill before the House had it not been for their hard work and persistence. The proposals of the hon. Member for Richmond Park manage to avoid some of the problems associated with the Government’s Bill. As he said in his intervention, there would be no issues about unfairly allowing a petition when an MP is imprisoned for protest; about having to debate the length of suspension from this place; or about the independence of any recall trigger mechanism. His likely amendments would allow for the trigger to be in the hands of the people, and there is a simplicity to that proposal that is, of course, attractive.

The hon. Gentleman’s proposals, however, run into trouble when we assess the potential effect on the constitutional role of Members of Parliament. If we accept that the job of an MP is to be a representative, not a delegate, that has consequences for where we stand in this debate. MPs on both sides of the House need to be able to sometimes make difficult decisions. Sometimes they have to fulfil roles in government and there is a risk that the hon. Gentleman’s likely amendments could challenge that.

For example, the hon. Gentleman’s model of recall—the pure model—has the potential to give enormous power to well-funded, wealthy groups and organisations that could run concerted campaigns to pressure MPs to act in a certain way.

[Mr Kevan Jones (North Durham) (Lab)]

My hon. Friend is making a very good point. We need look no further than the United States, where the Koch brothers use their multibillion-dollar war chest for no other partisan reason than to get rid of individuals who do not agree with their warped sense of the world.

[Stephen Twigg]

My hon. Friend makes a powerful point, which reinforces a concern felt by many—not just in this House, but outside it—that without proper regulation a system of pure recall could be subject to abuse.

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[Zac Goldsmith]

I could not agree more. That is precisely why I believe that we need a proper recall system—not some shenanigans conveying the impression that they give people recall powers without actually giving them any power at all—that would give Members, such as my hon. Friend and many others, a permanent implied mandate. In a few moments, I will explain why recall will help to give dignity and to restore nobility to this place, but if he thinks that I have not addressed his concerns properly, I invite him to intervene again.

Recall would allow people in extreme circumstances—where a clear majority of them have lost confidence in their MP—to remove their MP between elections. It would give people a sense of ownership over their democracy, which would help in and of itself.

Recall is not a new or radical idea. It exists in various forms in about 30 countries on five continents, including Poland, Canada, Germany, Japan, India, South Korea, Costa Rica, Taiwan, Mexico, Argentina, Peru and Ecuador. It has existed in the US for more than 100 years, and in Switzerland for even longer. It is a good idea—it works—and it is great that the mainstream parties have finally accepted it.

[Mr Kevan Jones]

I am very interested in what the hon. Gentleman says about recall empowering voters. In practice, would it not do what it does in the United States, which is to empower wealthy individuals who are not happy with what their representative is doing to mobilise against them? It would empower wealthy individuals, such as the hon. Gentleman, to influence events in a way that my ordinary constituents and I cannot?

[Zac Goldsmith]

I will explain why such concerns are groundless during my speech, but I will make one point, partly in response to the Opposition spokesman. Concerns about expenditure during the recall process are a matter for regulations; the amendments that my colleagues and I seek to introduce would not tamper with the Government’s proposed regulations on expenses. That separate technical issue can be very easily addressed.

[Mr Jones]

I am sorry, but that is not the point. Expenditure limits can be put on the recall election, but the campaigning in the lead-up to such an election would undermine the representative in getting their constituents—

[Douglas Carswell]

Trust the voters.

[Mr Jones]

This is not about trusting the voters, but about putting influence in the hands of a small group of very wealthy individuals. If the hon. Member for Richmond Park (Zac Goldsmith), with the wealth he has, wanted to shift a Member of Parliament, he could do it.

[Zac Goldsmith]

The hon. Gentleman takes a very dim view of his electorate if he thinks that that is so easy. Irrespective of that, the two-month petition stage before a referendum will be regulated, so his cost arguments simply do not apply.

[Mr Jones]

What happens in practice in the United States is that individuals who take against a policy or a state or national representative can use their tremendous wealth to use a campaign in the lead-up to the recall election to undermine such a representative. The idea that that is somehow empowering the voters is not the case. Recall empowers very wealthy individuals who could then—

[Douglas Carswell]

You don’t trust the voters.

[Mr Jones]

I do trust the electorate. The hon. Gentleman should stop chuntering from a sedentary position. The fact is that recall will give influence over who the Member of Parliament is not to the majority of the electors but to a small group of very wealthy individuals.

[Zac Goldsmith]

To my knowledge, in the United States there are no limits on expenditure and on broadcasters; in this country, we have limits on both. Even during the 100 years of recall in that wild west environment of the United States, there have been only 20 successes out of 40 attempts. The hon. Gentleman’s arguments simply do not match the experience of recall anywhere in the world. They are complete nonsense.

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[Zac Goldsmith]

In one moment, if my hon. Friend does not mind.

In dozens of democracies around the world that use recall, it is hardly ever used. In the US, where recall has existed for 100 years—I have already made this point—it has been used only 40 times, and only 20 times successfully. California is the most active recall state in the United States. Only one governor in 100 years has ever been recalled, and there is not a single example of a successful vexatious recall campaign.

I know that other hon. Members worry that recall might somehow turn us into delegates and no longer representatives—a point made by the hon. Member for Liverpool, West Derby (Stephen Twigg)—but that is not realistic. Voters care about a wide range of issues, and it is rare for recall to be motivated only by one issue. People might disapprove of a Member’s position on one issue, but support them on a range of other issues. It is rare for one issue to be a deal breaker, and the history of recalls shows that that is very rare—I cannot think of an example of one policy issue being the cause and effect of a successful recall.

[Mr Kevan Jones]

Gun control.

[Zac Goldsmith]

There are no examples of that. There are examples of attempted recall on the back of gun control, but not a successful one. It is probably true, however, that where recall is possible MPs will think twice about making undeliverable pledges, which is not a bad thing. It is also likely that where pledges have to be broken, MPs would feel obliged to engage extensively with constituents to explain why that was necessary, and that is also a good thing.

Hundreds of thousands of constituents around the country have been sent the same template letter from Liberal Democrat Members, and been told that this measure will cost too much. I saw one of those letters a couple of days ago. Constituents have been told:

“Just one real Recall petition per constituency per Parliament could cost the taxpayer £100 million.”

That figure is completely bonkers. It inflates the Government’s own impact assessment by 300%, and assumes that each Member of this place will face the full recall—not just the 5%—at least once in every Parliament. If 650 Members of this place face recall in one Parliament, the cost is the very least of our problems.

Of course there are arguments against recall, but at their core those are arguments against democracy itself and against all elections. If those arguments prevail, I believe that we will have lost a golden opportunity, not just for voters but for us as Members of this great place. Recall would empower people to hold their MPs to account, and that ubiquitous moan that we have all heard—“You’re all the same; there’s no point voting and nothing will ever change”—would no longer make any sense. The mere existence of recall would give each of us an added, implied continuous mandate, and embolden us as a Parliament. I do not say that it would fix our democracy, but it would be a very big start.

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[Mr MacNeil]

The hon. Gentleman might be on to something, but I think that it might have to be called a relative renaissance. Polls have shown that the Conservative party’s figures have not increased much, if at all, in Scotland, although they are above those of the Labour party. It is not really much of a renaissance at all. However, I do not want to be distracted by the political ill weather for Labour and the Conservatives north of the border, because that is not the matter before the House this afternoon.

I hope that there is much agreement on the idea of a recall Bill, but the disagreement lies in whether we should have an open recall Bill or the more prescribed recall Bill that the Government propose.

I want to say quite a bit about the Government’s attitude and approach to the Bill. The right hon. Member for Haltemprice and Howden (Mr Davis) was absolutely right to say that among the problems with the Government’s Bill are its reliance on the Standards and Privileges Committee and the justice of that Committee. The right hon. Gentleman told us that he had looked into that matter, and it did not surprise me that there was such a justice differential between those inside the gilded circle and those outwith it.

The proposal for a 10% threshold is dangerous. A safer mechanism for recall would involve a 5% threshold, followed by 20% and then a simple majority in a referendum. This process should be an extension of democracy and, if we get to that point, there should be a secret ballot—or an Australian ballot, as it was originally called. The prescribed route also carries the danger that it mentions trigger conditions, such as a jailing. Mentioning the conditions would make a recall more likely because it would light up the minds of those in journalistic circles, who would start to crank up the machinery that could lead to what history suggests might sometimes be the wrong steps being taken.

I am thinking in particular of Terry Fields, who was jailed for 60 days in 1991 and was probably released to a hero’s welcome, as indeed was Tommy Sheridan in Scotland, although he was not an elected politician when he was also jailed for non-payment of the poll tax. The hon. Member for Walsall North (Mr Winnick) made an important point about the Cyprus situation in the 1950s. He suggested that Members should be given a degree of latitude and have the freedom to speak their minds, because sometimes an uncomfortable truth is a great servant to us all.

The open route would allow us more easily to ignore some of the many reasons that the establishment might see as triggers for a recall, and allow us to take a more open approach. As the right hon. Member for Birkenhead (Mr Field) said in an intervention on the opening speech, it should be no longer MPs who define their own behaviour, but society at large. The open method allows the recall mechanism to be a dynamic process that takes account of circumstances. Some might feel that lying to the country or to Parliament to take the nation to war might reasonably be open to recall but that would not be included in legislation by the Government.

The overarching point is that recall should be a sanction of last resort. It should not be used much, and hopefully it will not be used much—it should be little needed and little used—but it is a sanction that should be available. At the stage we are at now in our ever-evolving democratic countries—evolving due to social media, certainly—the proposals before us would provide another arm of participatory democracy.

Whoever instigates a recall and whatever mechanism triggers it, it should have a reasonable chance of success. I mentioned the example of Terry Fields. He would have been re-elected anyway, and to use the recall mechanism against an MP who is clearly going to come back with a thumping majority would be an abuse. It should have a real chance of succeeding in removing the MP. As has been said, perhaps an MP removal mechanism is what it is. Therefore, and perhaps with the fear of the vexatious recall in mind as well, we might consider requiring a bond or deposit—some sum so that those engaged in this have to put some money where their mouths are, as do those who engage in elections or by-elections, in order for them genuinely to demonstrate to the wider public that this is not a whim.

[Mr Kevan Jones]

I have some sympathy with what the hon. Gentleman says, but that would not stop a wealthy individual. It would not stop the hon. Member for Richmond Park (Zac Goldsmith), for example, as he could obviously afford to lose his deposit, and in the United States it did not stop people such as the Koch brothers, who put £2 million into the Colorado recall of the state Senators who introduced gun control. I sympathise with what the hon. Gentleman is saying, but I am not sure this would stop big business and big interests.

[Mr MacNeil]

The hon. Gentleman might be correct in some of that, but we do live in an imperfect world. All I would say to him is that this removes many of the imperfections and is an improvement on the current situation.

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[Mr Stuart]

I take that point on board. For the entire period during which I have been involved with the Conservative party, I have for ever been hearing how old, out of touch and ludicrously right wing many of its members are. It was said that they would never select anyone to stand for Parliament who did not accord with their views. It turns out that whatever their views—in times past, if they had very strong views on capital punishment, they may have said in advance that they would only choose a candidate who believed in capital punishment—they eventually selected someone completely different, because they respected that person and wanted to back them. I put it to the hon. Lady that I am not sure that the many people who have been mentioned today would be disowned by their constituents for taking brave and unpopular decisions. They are quite likely to be backed in their local area, but I recognise that we are taking a risk, which is why I suggested a sunset clause.

[Mr Kevan Jones]

That may possibly be the case. However, if a very well-financed individual or organisation campaigned against a Member on subjects such as those mentioned by my hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), the Member would have to go through the recall process. Even if the MP were re-elected, they would have had to spend all their time on that. I am sure a lot of people would be put off from raising principled issues that have changed life in this country for the better.