Recall of MPs Bill

Lord Finkelstein Excerpts

Monday 19th January 2015 Lords Chamber

[Lord Wallace of Saltaire]

Not there.

[Lord Finkelstein (Con)]

I have heard all these suggestions from various noble Lords that this is completely impossible and impractical. Perhaps my noble friend the Minister might reflect on the United States of America and whether in all the places that are very large—larger even than my noble friend’s former constituency—which have had these petitions, they have all collapsed due to it being completely impractical to organise them, or has it proven in fact that many recall petitions have taken place perfectly simply and not at great expense?

--- Later in debate ---

[Lord Hughes of Woodside (Lab)]

My Lords, perhaps the Minister can explain to us why eight weeks is thought to be a suitable term. It cannot be to make sure that people know that the recall petition has to be signed, because that will be no secret. Once the Bill becomes law, the very first MP who is referred to the Standards Committee for some misdemeanour will be fastened upon. From day one of the Standards Committee discussions, the press will be going on about demanding a recall. We do not know how long the Standards Committee will take; it could be five, six, seven, eight, nine or 10 weeks, or three or four months. Some discussions have gone on for six months. Everyone will know about it, and once the petitions officer is informed, there are 10 days for him to take action on it. In those 10 days, there will be fierce discussion in the media. What is going to happen in eight weeks? For what logical or logistical reason can eight weeks be satisfactory?

We manage to do a general election by voting on one single day. I am not necessarily suggesting that that would be the right thing—I support the term being reduced to two weeks—but if we vote in those numbers on one day, why has this been stretched out to eight weeks? Again, we are not told why that is the case. I suspect that this is one of those things where somebody had a good idea and said, “We will all look good if we have a recall Bill on the statute book”. This is a limited recall Bill, as I shall hope to discuss in greater detail on a later amendment, but they were saying, “Let us get it on to the statute book”.

The Minister said in a previous debate that we will not have the regulations in time for the general election and they will be sorted out afterwards. Why not leave the whole thing until after the general election and do it properly? It would make much more sense if the Bill were withdrawn and started again. That could be done and would not take up any more time. It might go through much quicker. This is the kind of provision that does not bring any real sense to democracy. What is going to happen during the eight weeks of the signing period? On a later amendment, I will argue what might happen during those eight weeks, but I ask the Minister to have some sense. For goodness’ sake, accept this amendment.

[Lord Finkelstein]

My Lords, there has often been a wonderful use of the words “with due respect” in this Chamber on this Bill, in lieu of actually showing any. The suggestion that people who drive taxis or cut hair are not those who run the country will come as very sad news to the voters, particularly those who cut hair or drive taxis. To suggest that one cannot comment on the recall Bill without being a Member of Parliament would be like suggesting that the noble Lord, Lord Foulkes, cannot comment on the Deputy Prime Minister’s proposals without having been Deputy Prime Minister, which he was never able to be. I do not think that ad hominem points really help.

This is about handing a simple power to voters. Most people viewing this debate would be perplexed as to why we would wish to deny such a power being handed to the voters to remove people who had gone to jail or—

[Lord Hughes of Woodside]

The noble Lord, Lord Finkelstein, really should use his words carefully. No one in this Committee has denied that the Bill is necessary; no one in this Committee denies that it should go on to the statute book.

--- Later in debate ---

[Lord Finkelstein]

If it is genuinely the case that nobody has questioned the need for the Bill then I have not been paying proper attention. I think that it has been questioned several times. I am glad to see that the noble Lord is not among those who question it, but I am afraid that many of his colleagues—not the Front Bench of the Labour Party—do question it.

This provision gives a limited power to voters in certain, very limited circumstances. I hope that those circumstances will not arise very often. If they were to do so, it would certainly be worth all the money that the Bill is supposed to cost to deal with the problem. If we in fact had large numbers of Members of Parliament who were being suspended for long periods, going to jail or fiddling their expenses, the cost of recall would be worth while. If it is small numbers, the cost will not be very large. This amendment is designed—I am sure that the noble Lord, Lord Foulkes, knows this—to make it impractical for people to collect the signatures, and to make it more difficult. There is a reason why, I should say to the noble Lord, Lord Snape: the noble Lords who are not in favour of the Bill are all former Members of Parliament. Obviously they will feel that a power to remove Members of Parliament ought to be resisted. I am simply arguing that that power is being given in extremely limited circumstances.

[Lord Crickhowell]

My noble friend has just commented on ad hominem remarks and so on, but I regard that as rather an offensive remark from him. Just because one is a former Member of Parliament and is critical of the Bill, it does not suggest that we are criticising it simply because we think it is wrong that Members of Parliament should ever be removed. I do not believe that for a moment.

[Lord Finkelstein]

The last thing that I would want to do is to offend my noble friend. However, the point was made directly, and by more than one noble Lord, that Members of Parliament understood why this Bill was impractical whereas others did not. Therefore, I am simply arguing that there is a reason why Members of Parliament should feel that way.

[Baroness Corston (Lab)]

My Lords, having taken part in the Second Reading and then read it in Hansard, my recollection is that pretty well everyone who spoke in that debate, particularly former Members of Parliament, said they agreed with the principle of recall but were opposed to this Bill. The noble Lord, Lord Finkelstein, has not been paying attention.

[Lord Finkelstein]

Well, I would be delighted to hear the proposals for recall that are not the ones included in the Bill. I believe that noble Lords have opposed almost every practical measure that could be considered for recall, but I would be delighted to be told differently.

[Lord Foulkes of Cumnock]

I wonder if the noble Lord, Lord Finkelstein, could help me—he is know -ledgeable about these things. Are there more journalists than Members of Parliament in prison at the moment; and what is the mechanism for recalling those journalists who hack telephones?

--- Later in debate ---

[Lord Finkelstein]

That is an excellent question. Somebody who breaks the law and does not sit in the House of Commons can be removed from their job by their employer. I am arguing that that power should be extended to the hairdressers and taxi drivers who constitute the employers of Members of Parliament. When I made the argument that they employed Members of Parliament, I was told that that was a novel constitutional doctrine. I stick to it none the less. This is a simple power that will be used only in certain, very limited circumstances. Those limited circumstances are set out in the Bill. If others have proposals for recall, the Bill is simply amendable with those conditions, since it is a very simple Bill and very simply structured. I can only translate the fact that no alternative proposals for recall have been put forward except for the one from the noble Lord, Lord Tyler—which, again, opponents of many of the Bill’s central proposals have found even more complicated and therefore did not like. I know of no other proposals that have seriously suggested that this principle of recall should be advanced.

[Baroness Quin]

The noble Lord is talking about hostility to the Bill, but the amendment that we were discussing a few minutes ago was simply to make a modest improvement regarding the number of signing places. Did he support that amendment or not?

[Lord Finkelstein]

Yes, I was glad to hear the Minister suggest that he will pay attention to the debate, and I look forward to seeing his proposals. Many very practical arguments were made in its favour. The argument that no practical arrangements can be made to make recall work at fairly limited expense is ludicrous. I am sure that it is not beyond the Government’s ingenuity to come up with those proposals. However, the amendment that we are discussing now is designed to make it almost impossible for anybody to file for recall within a reasonable period. Although the principle of recall has been given apparent support, we have been given no practical alternatives to those of the Government, except for those of the noble Lord, Lord Tyler. I would certainly welcome the chance to hear some. I believe that the reason we have not is that people do not wish the electorate to be given this limited power, and I think that that is wrong.

[Lord Grocott (Lab)]

My Lords, perhaps I can claim a level of expertise about the recall of MPs because I myself have been recalled as an MP. I think I am right in saying that it is only the noble Lord, Lord Tyler, and myself who have had this happen—oh no, I see from looking round that there are three of us, so I had better be careful. The electorate decided that they did not want us as their MPs. I am totally in favour of the recall of MPs.

We have a system that works extraordinarily well; it is called a general election. Sadly, and I am repeating myself now, this Government have decided that we should have fewer general elections and that they should be once every five years instead of once every three years and 10 months, which has been the average period between elections since the Second World War. There is going to be a mass recall of MPs on 7 May, eight or nine weeks from now. Very much in keeping with my noble friend Lord Hughes’s remarks, we know that, so far, at least 80 of those MPs will not be there in the next Parliament. I am referring to those who have announced that they will be standing down, who may have very different views about the merits of a Bill like this than those in the current Parliament, which is well past its sell-by date. There will probably be—I never make firm predictions but I am speaking hopefully—a substantial number of other MPs, in addition to those who are voluntarily standing down, who will be asked by the electorate to spend more time with their families, just as happened to me, the noble Lord, Lord Tyler, and others.

Surely the democrat’s view of this, if we are going to trade democracy across the Chamber, would be to say, given that the Bill has been five years in gestation, with the Government clearly not wanting it but finally feeling that they have to produce some sort of measure: “Look, we’ve waited five years; let’s wait another six or seven months and if necessary, if the mood of the next democratically elected, newly enfranchised and sustained MPs is that we really do want this dog’s breakfast of a Bill, it should be for the new democracy that we will have after 7 May, when the composition of the House of Commons may be very different, to judge, not us in this fag-end Parliament”.

I do not have any difficulty on the grounds of democracy saying that this is a bad Bill that should not be brought in at this time. I have a specific reason, too: the more that you discuss the Bill, the more you realise that no MP in their right mind would subject themselves to this recall procedure. That is why I very much support my noble friend Lord Foulkes’s Amendment 39; at least he is acknowledging the inevitable truth, which is that if there is a period of eight weeks while people sign a petition, why on earth would any sitting MP voluntarily submit himself or herself to that form of torture? If the Procedure Committee and the Standards and Privileges Committees in the other House decide on a 10-week suspension, the MP knows at that point that the overwhelming likelihood is that a by-election will occur in due course because there will be so much negative publicity followed by an eight-week period when people in his or her constituency will have been persuaded by the media at all levels, local and national, that the right thing to do is for this MP to submit themselves to re-election. I would strongly recommend—this is certainly what I would do, heaven forfend, but no longer do I have to worry to the same extent about these things—that the moment they are subject to a disciplinary procedure that will result in recall, they should resign their seat. That is the obvious thing to do.

In a sense, the discussion that we are having is entirely academic because I cannot imagine anyone going through the inevitability of this long procedure and period of negative publicity, when at least a by-election is likely to take a maximum of four or five weeks—

[Lord Finkelstein]

May I just clarify something? Is the noble Lord suggesting that if the Bill is introduced, it will imperil MPs who have come under any of these conditions to resign their seats, whereas otherwise they might have remained in Parliament until the end of the period? That would be a very interesting clarification for us to have.

[Lord Grocott]

It would not impel anyone to do anything; but if this unnecessary Bill was on the statute book it would be a sensible decision for a Member of Parliament to make. I do not want to see that provision in the Bill—let there be no misunderstanding about that. I have already explained that I am in favour of general elections, not of frequent elections, as the noble Lord is.

[Lord Finkelstein]

Just for further clarification, the noble Lord suggests that one of the advantages of passing this legislation is that it will encourage people to understand that their position is no longer tenable, and therefore it would be an encouragement to those people to recognise the condition in which they find themselves and resign.

[Lord Grocott]

I am saying that they would be dealing with the ludicrous situation of an eight-week period—but I am repeating myself. What I am saying is obvious to pretty much everybody else in the Chamber; I am sorry that is not obvious to the noble Lord. Clearly, if that system was in operation—and to repeat myself, I do not think that it should be; it should be up to the electorate in a general election—yes, the least expensive case and, if you like, the more democratic mechanism would be for the electorate to make the decision swiftly in a by-election. However, I hope that this provision does not come into operation.

--- Later in debate ---

This is not just a Bill about recall petitioning—it is in effect about getting rid of an MP. It is very serious because no one could say that in their lifetime as an MP they had not upset somebody one way or another. The figure of 10% is far too low and it should be much higher. That gives us a better chance of getting a result. Without the changes to voting only one way, the dice are stacked against an MP who may have transgressed but not in a hugely serious way. I agree that someone who has committed very serious offences ought to be brought to book but we may be careful that the legislation is right so that it works. I support the amendment which increases the percentage.

[Lord Finkelstein]

I thank my noble friend Lord Hamilton of Epsom for his serious and persuasive speech, and the noble Lord, Lord Hughes, for his support for this amendment. However, in both cases they passed over the critical part of the scenario, which was otherwise very plausible. It is that the Member of Parliament concerned has to have triggered the clauses in the Bill before any of these processes could take place. In other words, they have to have been sent to jail, found guilty of breaking the expenses laws or been suspended by the Standards Committee for more than 10 days. In those very limited circumstances, the trigger would be operated.

When the trigger is operated, it is certainly true that politics will take place. People will make arguments, spend money and try to persuade other people to sign a petition. The choice that we have in this Bill is whether to have an extremely low trigger where it is easy to trigger recall but very difficult to gather the signatures in the petition, or, what has been chosen by the Government against the wishes of the MP for Richmond Park, to have an extremely high barrier before recall could happen but then a reasonably low barrier in terms of signatures. It is naturally a subjective matter, but I think that is the correct balance. I am sure this House would have a greater objection were it to be the other way round and we had followed the advice of the Member for Richmond Park. As we have gone through various amendments, we have often had the discussion as if the triggers did not exist and this was to be aimed at people merely on the grounds of their opinion. However, this will happen in an extremely limited number of cases where very serious wrongdoing has taken place and where the electorate are being given a chance to think about it.

There then comes the question of the counterpetition. The by-election constitutes the counterpetition and if the recall mechanisms—a very high bar—are triggered and a petition is gathered, at that point people who are against the MP being recalled would have the ability to pitch themselves against those who were in favour. At the end, we could add up who had more. A by-election is a much better procedure for doing that than what would otherwise be a sort of Heath Robinson mechanism of counterpetition. While I can see that this is a serious proposal and I understand that any figure could be picked, the balance between this very high barrier, which I think the House would prefer, when coupled with a relatively low number of signatures, is better than the other way round.

[Lord Hamilton of Epsom]

Does my noble friend not accept my noble friend Lord Forsyth’s argument that by that time, the Member of Parliament would probably have been deselected by his party anyway?

[Lord Finkelstein]

It may be that he or she would be deselected by their party but I did not really understand the relevance of the argument, even though I comprehended what my noble friend was trying to say. A Member of Parliament can stand in the by-election caused by this trigger. I cannot, nor can any noble Lord, compel a political party or anybody else to support them in that by-election. If they have a good case and feel that they want to put it to a by-election, they can. It is not the business of the Bill, or indeed the mechanism, to consider whether they might hypothetically have the support of a political party in that by-election appeal.

[Lord Rennard (LD)]

Will my noble friend not consider that a by-election cannot be an anti-recall petition in the 85% of constituencies where a majority of votes are cast against the sitting Member? It can hardly be an anti-recall petition when it is assumed that the number of opponents of the MP at the previous election normally greatly outweighs the number of their supporters.

[Lord Finkelstein]

I understand the point that the noble Lord is making. It is not a pure mechanism, merely on recall; that point has been made by other Members. But it is a better mechanism for testing the broad support for the Member than a counterpetition which, under this proposal, has only to reach 10% before it cancels the petition in favour of having the by-election at all. The by-election is a better mechanism for the Member of Parliament’s attributes to be debated and considered by the electorate than a counterpetition, which would not even have the merits of constituting the whole of the constituency.

[Lord Howarth of Newport]

My Lords, Amendments 41 and 51, as proposed by the noble Lord, Lord Hamilton of Epsom, both seem good amendments and I hope that the House will accept them. Amendment 41 deals with moving the petitioners’ threshold of more than 10% being in favour of a by-election up to 20% before the by-election will occur. That 10% threshold is nugatory. As the noble Lord, Lord Hamilton, made clear to us in what I agree with the noble Lord, Lord Finkelstein, to have been a plausible scenario, it could be all too easy for a well organised campaign to secure that 10% of votes to precipitate the by-election. Indeed, if we raised that threshold to 20% the team that the noble Lord, Lord Hamilton, envisaged would need to secure only two signatures an hour. That is hardly very hard work or a really difficult threshold to cross either, so raising the threshold to 20% is the very minimum upward movement that would be needed.

I very much like Amendment 51, tabled by the noble Lord, Lord Hamilton, because he would even the scales of justice. That seems sorely needed in this situation. With the procedure that the Bill proposes, we would otherwise see a Member of Parliament hung out to dry for a period of eight weeks, during which the media would engage in political blood sports and an animus against the sitting Member of Parliament would be all too easy for his critics and enemies to beat up. On the other hand, the noble Lord, Lord Finkelstein, argues that the Bill is tightly drawn and that only three triggers could precipitate this process. In every one of those cases, the MP would have had to have been judged guilty by his peers in the House of Commons of serious wrongdoing. I take that point but the noble Lord has asked us on a number of occasions to draw comfort from the fact that the Bill is thus tightly drawn.

I suggest that the Bill, without any of the Front Benches intending it to be so, will be a battering ram that will beat down doors through which Mr Goldsmith and those who think as he does—many people outside in the country will be egging them on—will seek to advance in the next Parliament so that they can introduce at least one more trigger, a fourth. That would transform the model of recall that we may be about to legislate into something much more like the American model, in which people who do not like the politics of the sitting Member will have the opportunity to use this procedure to unseat a Member of Parliament of whom they do not approve and whom they resent. That seems massively dangerous. If we are to establish in this legislation a model which could then be used in a much more wide-ranging set of opportunities, that is very dangerous.

The noble Lord, Lord Finkelstein, said that the by-election would itself be the counterpetition. The noble Lord, Lord Rennard, offered some words of caution on that, drawn from all his enormous experience in the way that elections actually operate. As I think the noble Lord, Lord Finkelstein, indicated in his response to his noble friend, such a by-election will not be fought on the narrow issue of what the MP charged with serious wrongdoing has done. It will be fought, as all by-elections are, on a large range of issues so that the MP will be liable to be scapegoated for all the unpopularity of his Government—the brave Government doing the unpopular things that the noble Lord, Lord Hamilton, described. That seems to be a formula for injustice and I hope that we will accept both these amendments.