Recall of MPs Bill

Lord Elystan-Morgan Excerpts

Wednesday 14th January 2015 Lords Chamber

[Lord Grocott]

Surely I can at least persuade the Minister that that is a seriously anomalous situation that he really should go back to his advisers and sort out.

[Lord Elystan-Morgan (CB)]

My Lords, I regarded it as an immense privilege to be a Member of the other House only for eight years. In 1966 the great, wise, far-seeing electorate of Cardigan saw fit to send me to the House—and then, eight years later, they changed their minds. It still was a splendid experience that I very, very greatly treasure.

I was present in the House on the day that Tam Dalyell, that magnificent character, was hauled before the Bar of the House. It was almost like attending a public execution. There was a deathly hush. He was, if I remember rightly, rusticated for a period of four weeks. It was because he had seen a privileged report relating to Porton Down, and there were certain sidelinings there which he had disclosed to the press. Whether it was Tam’s own idea, or that of his mentor, who shall not be named, I do not know, but I remember that there was a deathless hush in the House that day, and I remember thinking then how serious a matter it was for the House to discipline one of its Members.

We are now in a situation where there is a hysteria of self-flagellation in the House of Commons because of the misconduct of a small number of Members. I still think that the House of Commons is a very honourable institution. The vast majority of its Members in all parties are decent people, worthy of the best traditions of Parliament, but there is a mass hysteria. I support this amendment because I believe, although it is far from perfect, and there are many, many criticisms that can be made of it in a mechanical sense, it looks in the right direction. For that reason, I heartily endorse it.

--- Later in debate ---

[Lord Tyler]

I shall assist my noble friend briefly on this because I think there is a potential anomaly, as the noble Lord, Lord Grocott, says. What it stems from is that the suspension that is handed down from the Chair by the Speaker, the Deputy Speaker or whoever may be in the Chair at that time is, as I understand it, always related to behaviour in the Chamber. A suspension which is recommended to the House by the Standards Committee is, as has been said by a number of noble Lords, on the basis of a commissioner’s investigation of serious wrongdoing. The committee then decides whether that wrongdoing is an appropriate decision and then decides, again on recommendation, what the verdict should be. That is quite distinctly different.

It may be that there have been circumstances—I cannot put my hand on my heart and say—where the Speaker has laid down such a very long suspension. Throwing the Mace around in the Chamber was the big case, was it not? I do not know whether that exceeded 10 days. I think that the noble Baroness, Lady Taylor of Bolton, is right to say that it would be very exceptional for the Speaker, in circumstances of that sort, to insist on the suspension of a Member in any way that would trigger the 20-day limit—but it might trigger the 10-day limit. That is an additional reason for this House to ask the other House to think again about the number of days’ suspension that should trigger the recall procedure.

I do not know whether I entirely answered the noble Lord, Lord Grocott, but perhaps I have given my noble friend on the Front Bench time to think about it at least.

[Lord Elystan-Morgan]

I shall make a point which I think illustrates the matter raised by the noble Lord, Lord Tyler. Into which category would Tam Dalyell’s case fall? Was it bringing the House in toto into disrepute or was it something in the Chamber? There must be a situation where one category bifurcates the other.

[Lord Tyler]

I do not know whether I am entitled to interrupt myself when I was interrupting my noble friend who has a lot more experience than me, but I think the answer is that at that stage the current procedure did not exist. Previously, the Speaker was the only person who could take that decision. Now, I think such a matter would be referred to the Standards Committee.

[Lord Elystan-Morgan]

That is technically correct.

[Lord Foulkes of Cumnock]

I have been sitting quietly—unusually for me—listening carefully to what has been a fascinating debate and waiting patiently for the Minister to explain why he is not able to accept the amendment spoken to by my noble friend Lady Taylor, which was the line the Government took in the House of Commons. I can understand that my noble friend on the Opposition Front Bench is constrained, and I respect his position, but I do not understand the position of the noble Lord, Lord Wallace. I would have thought he would have accepted it with open arms. It is a Labour amendment putting forward what the Conservatives did in the House of Commons. He has not explained. As the noble Lord, Lord Forsyth, and my noble friend Lady Taylor pointed out, not one word addressed the issue of why it should be 10 or 20 days. He can interrupt me if he wants to try to explain that.