Recall of MPs Bill

Lord Forsyth of Drumlean Excerpts

Monday 19th January 2015 Lords Chamber

[Baroness Quin (Lab)]

My Lords, I did not speak at Second Reading, although I attended much of the debate and followed closely last week’s first day in Committee. I share many of the concerns that have been expressed so far about this legislation.

At Second Reading, my noble friend on the Front Bench flagged up in her excellent and detailed speech a number of practical difficulties with the Bill, and she seeks to address some of them with these amendments. I support what she said in moving the amendment. In its report on this legislation the Delegated Powers and Regulatory Reform Committee expressed concern about the many unanswered questions and gaps in the Bill and said that the Government do not explain,

“why they have not ensured that the provisions about petitions in the Bill itself are complete”.

Those comments are relevant to a number of amendments that we will consider in the course of this debate.

In my few remarks this afternoon I wish to address in particular the provisions in the Bill about the number of signing places. Like the noble Lord, Lord Tyler, who just spoke, I am influenced both by the area where I live now and by the constituency where I lived and which I represented in another place for a number of years. The constituency in which I now live, Berwick-upon-Tweed, is England’s most northerly constituency and the second largest in area. It is a sparsely populated area, and certainly to limit the number of signing places to four places in such an area seems unrealistic, particularly if you are talking about people who do not have access to a car—to their own private transport. I note that the noble Lord, Lord Tyler, said that he felt that probably a small number of constituencies would be concerned with the amendment, most of which are in rural areas. The urban area that I used to represent, although compact, would also have faced challenges under the four-place limit in this Bill and I shall explain why.

The constituency that I used to represent had the title of Gateshead East and Washington West. If you think about it, that already sounds as though it covered two local authority areas, which it did. It also represented an area that had no obvious town centre. In fact, the most convenient signing places for the people of that constituency were either the Sunderland civic centre, which was not in the constituency, or the Gateshead civic centre, which was not in the constituency either. Although the constituency was small and compact, it did not have a public transport system that would have given access to one signing place in the centre: there was no central point in either of the two parts of the constituency.

For that reason, if I was trying to work out where it would be convenient for people to sign a petition, I would probably think of about three places in the Gateshead area and four in the Washington area in order to have reasonable coverage and allow people to use public transport and get to the signing place in a reasonable time and in a reasonable way.

I do think, therefore, that the Government should very much think again about the proposed provision. A standard solution simply does not work in this situation, as is so often the case, so I endorse very strongly my noble friend’s suggestion that this should be left up to the responsible officers in the different areas to work out what suits people in their area.

However, the Government should say more about the types of premises that would be suitable. Presumably the Government are thinking of council offices, but what would be the alternative in constituencies, like the one I was talking about, where there are no council offices? It could be public libraries, if there were enough that had not already been closed, or schools, but it would be unthinkable to have schools snarled up for eight weeks for a signing process of this kind. It simply would not be feasible and would not work. It could be community centres. What exactly do the Government have in mind for signing centres under this legislation?

I certainly accept that this small change, which says that the minimum number of signing places should be four, is a much more sensible way forward. I hope that the Government will look at that sympathetically, give the system some flexibility, and avoid the situation where we have a postcode lottery and some constituencies are far better served with signing places than others.

[Lord Forsyth of Drumlean (Con)]

My Lords, I apologise to the Committee: I have to go to the Joint Committee on the National Security Strategy later this afternoon. No doubt, the Minister will be disappointed that I am not here to support him. I very much support the amendment tabled by the noble Baroness, Lady Hayter. During the last session in Committee the Minister appeared to be telling us that we should really mind our own business and that this was a matter for the House of Commons.

The thing that I find remarkable about this Bill is that if it has been designed and put forward by the House of Commons, it shows an extraordinary ignorance of what it is like being a Member of Parliament and how the process is carried out. Extraordinarily in my old constituency of Stirling, for example—I cannot do square metres, but know that it was 800 square miles—it took me from 6.30 in the morning to 8 at night just to drive to every polling station to thank the people standing there. Even then, people had difficult journeys and it was quite an expensive operation to do this. Quite what the cost, which is not accounted for, would be if one had to provide that kind of coverage over a longer period, I know not.

The noble Baroness is absolutely right: if this is an exercise in democracy and is to be carried out fairly, you have to make it possible for people to cast their votes in secrecy at a reasonably convenient opportunity and near where they live, whether they work or whether they do not. I guess I am with the noble Baroness, Lady Quin, in thinking that this needs to be at the discretion of the local authority. The local authority will have to find the money and the people to do all this, and to train them—and, of course, none of this is costed, so if the Minister is not prepared to accept the amendment on cost grounds, I have an elegant solution, which is that he abandons the Bill altogether.

[Lord Howarth of Newport (Lab)]

My Lords, the noble Lord, Lord Tyler, was probably wrong to suggest that such a small number of constituencies—perhaps a couple of dozen—would find it impossible to cope if there were only one to four signing places. The constituency that I had the honour to represent for a number of years—Stratford-upon-Avon—was some 450 square miles in size and had 116 parishes. It is simply unimaginable that people would have been able to use the public transport available to get to one, two, three or four signing places. It is a very scattered constituency, so that is unrealistic.

I strongly echo the point just made by my noble friend Lady Quin. If the Government’s proposals in this regard are to have any credibility, they owe it to us to say what premises would be used. Clearly, public libraries, which are disappearing as we speak, will not provide the solution, nor can it be acceptable for schools to be disrupted for a period of eight weeks. That is one good factor to bear in mind when we come to the next amendment in the name of my noble friend Lord Foulkes.

Finally, it would be helpful to the Committee if the Minister would give us a fairly detailed breakdown of costs. The impact assessment tells us that the best estimate the Government have made for the total cost of conducting a recall petition process in a constituency would be of the order of £55,000. I do not think that figure is remotely credible. It would therefore be very helpful if the Minister could give us his analysis of the costs of operating this aspect of the process.

I support the amendment in the name of my noble friend Lady Hayter, although I think there is also much wisdom in simply leaving it to the discretion of the petition officers to determine what is appropriate.

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[Lord Forsyth of Drumlean]

My noble friend did have a rather larger majority than I had and, of course, I had an easy task compared to, say, the Member of Argyll, who would have had to get to several different islands in order to do the same task.

[Lord Crickhowell]

There was one election at which my majority was only 700 and something. It was therefore all the more necessary to cover every polling station and get to know the constituency. It was only by doing so that I increased my majority to a much more secure one.

Putting history to one side, the simple fact I wish to emphasise is that everything that the two noble Baronesses have said, particularly on the other side of the House, seems to be absolutely unchallengeable. If the Bill is not amended in the kind of way that they have suggested, the whole thing will be a total disaster.

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[Lord Foulkes of Cumnock]

It costs more and more each time, although to be fair costs may go down soon because the cost of oil is going down. That has not worked its way through yet.

There are similar problems on Orkney and Shetland. Everyone thinks that they are just two islands: Orkney is one island and Shetland the other. That is far from the truth. Orkney and Shetland both have huge numbers of islands. It is just impossible. That is why it is so sensible to give the discretion to the petition officer. This is such a sensible amendment.

[Lord Forsyth of Drumlean]

When the noble Lord says that it is sensible to give discretion to the person in charge, is not the difficulty that none of us can think how on earth he could possibly achieve this?

[Lord Foulkes of Cumnock]

That is true; we are giving him an impossible task. I hope that the noble Lord is not blaming me for this. This is all part of the Bill. Even the noble Lord, Lord Wallace, will have some difficulty explaining this. I was going to say he is just the Bill’s representative on Earth, but he is just the representative in this place of the Bill’s real architect. We know who is to blame.

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[Lord Wallace of Saltaire]

I will be happy to promise that we will reconsider that and I will write. Perhaps it is also worth talking at this point a little about regulations. A number of the amendments before us today consider how much should be in the Bill and how much should be in regulations. We have placed in the Library of the House a draft sketch of the regulations, but I should stress that it will not be possible to lay the regulations before either House between now and 7 May. The exact regulations will be the responsibility of the next Government and will come before the two Houses within the first year of the new Parliament.

[Lord Forsyth of Drumlean]

I am most grateful to my noble friend. If all this has been so carefully thought through, why are the Government not in a position to lay these regulations? I have listened carefully and I am grateful to him for saying that he will look at this again. However, while it is invidious to choose a particular constituency, if you take Argyll, which consists of a number of islands, the idea that this can be done for £55,000 is pie in the sky. Is the Minister basing the costing on discounting it over a long period? Where did the figure come from?

[Lord Wallace of Saltaire]

My Lords, since I have not looked in detail at the assessment, I cannot directly answer that. I assure him that I will go back and get that. I am quite familiar with parts of the Argyll constituency; I recall the Daily Mail writing a bitterly critical article on MPs’ expenses the year before last, in which it attacked the current MP for Argyll, who is a friend of mine, for claiming overnight hotel expenses within his own constituency—which merely demonstrated that the Daily Mail had not looked at the atlas.

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[Lord Wallace of Saltaire]

My Lords, I have stressed several things. The details of premises used, and other arrangements, are matters for local election administrators. I have spent some time over the past three years talking to local election officers, and I have the highest respect for those whom I met, both in Yorkshire and in London. That is the way we manage elections; those people understand the local area, including its geography and the sort of premises that are the most valuable. Moreover, facilities for training are a matter for discussion between the Association of Electoral Administrators, the Electoral Commission and the Government. Those discussions have already begun and are well under way, but the final details await the completion of the Bill.

[Lord Forsyth of Drumlean]

Would it not have been sensible to have had the discussions with the local authorities about how this proposal could work in advance of drafting the primary legislation and in advance of this very late stage, when the Bill has been through the House of Commons and is in Committee in the House of Lords, and we are at the fag end of a Parliament? Surely, this is putting the cart before the horse, which is why the Minister—and I sympathise with him—is in the very embarrassing position of not being able to explain how, practically, this legislation can be made to work.

He is simply saying, “We are going to pass it on to other people and we will make regulations when we have had discussions with them”. But what happens if the other people who have experience in this area come to the same conclusion as every speaker in this debate who has represented a parliamentary constituency: namely, that this is not practical and doable? By that time, this will be an Act of Parliament. Surely it is our duty not to put rubbish on the statute book.

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[Lord Gardiner of Kimble]

My Lords, I will continue and I hope that it will then unfold. Obviously there can be moot discussion as to whether it should be 5%, 30% or 40%; all sorts of figures could be suggested. However, if I may outline a bit more, the by-election itself would determine who was the MP; the petition would simply trigger the by-election. So while it could be argued that 10% of constituents signing the petition could mean that 90% of them wanted to keep the MP, if that were indeed the case, they would have a chance to show that at the subsequent by-election.

On average—I think this goes to the point that the noble Lord, Lord Foulkes, was seeking to wrestle with me about why 10% was chosen and not 15%, 20% or 5%—a constituency has around 70,000 to 75,000 constituents. With a threshold of 10%, around 7,000 to 7,500 signatures would be required to trigger a by-election. That is one of the reasons why the Government came to the view that that was about the right number; it was a serious number of people. Increasing the threshold to 20% would obviously require between 14,000 and 15,000 constituents to sign in order to trigger a by-election. Again, this is a matter of balance, but there was a feeling that raising the level to 20% would make it more onerous for constituents worried about an MP after serious wrongdoing to hold that MP to account.

One can have all sorts of interesting discussions about what the right percentage would be. The Government set out 10% in the coalition programme for government, and that was the figure contained in the draft Bill and which the other place was content with as the correct level at which to set the threshold. The noble Lord, Lord Foulkes, asked me for a straight answer. Those are the sorts of considerations that came into it.

[Lord Forsyth of Drumlean]

My Lords, I apologise that I was not here for the earlier part of the debate; I was attending the Joint Committee on the National Security Strategy. I do not think my noble friend really understands the practical point being made, which is not about the merits of the Bill; it is that if someone finds themselves in a position where they are subject to a petition, they are already dead and their political party will no longer adopt them as a candidate. In those circumstances, they are not going to get elected. So, as was pointed out at an earlier stage in our proceedings, the sensible thing for any Member of Parliament in those circumstances to do, if they still have the support of their party, would be to create a by-election and stand as a by-election candidate.

By creating this procedure, if a Member of Parliament is subject to this procedure and they still have the support of their party, then if the threshold is set at the lower level of 10%, all the people who do not like the Member of Parliament because he is a Tory or whatever will be able to campaign and undermine him. So this does not actually deliver what the Government say they want, which is a procedure that allows the electorate to decide, rather than the party machine or the House of Commons, whether someone should be deprived of their seat in the Commons. It just does not work.

[Lord Gardiner of Kimble]

My noble friend is of course entitled to his opinion and has made the point a number of times about whether a party would reselect the candidate. I do not think that any of us can say, and it would depend on every circumstance that came forward. As I say, this is the Bill that is before us, and I think that the three triggers are reasonable. If they were not reasonable I would feel very uncomfortable, but serious wrongdoing is a point—

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[Lord Hughes of Woodside]

My Lords, I speak to Amendment 56. It states:

“After Clause 13, insert the following new Clause … ‘Early publication of number of signatories … (1) Petition officers shall not make public a running total of signatories to a recall petition until the final result is announced … (2) Any breach of subsection (1), or any publication purporting to reveal a running tally, shall render the recall petition null and void.’”.

Having reread the amendment, I admit that saying the recall petition would be rendered null and void may be a bit severe. On the other hand, it is probably necessary.

Throughout this debate it has been repeated that the recall petition can take place only if one of three triggers is pulled. That is the beginning and end of the matter. We have tried to say to the Government and to our own Front Bench that whatever cold print is in the Bill, what it describes is not going to be happening in the real world outside. That is because—I am sorry to repeat this—as soon as the matter goes to the Procedure Committee, the question of recall will be raised. If that trigger is agreed to by the Procedure Committee, a notice goes out to the petition officer that the debate will immediately start. Some 90% of the time the discussion will not be about the actual offence that has triggered the recall petition. The argument will be about other things entirely.

Therefore, as we have said, the dice are loaded entirely against the MP who is the subject of the recall petition. As we know, on the day of a general election, agents for the candidate can go to the polling station and get the numbers who have voted, every hour or whatever the agreement is. Of course, that is the precise purpose of making sure that one gets one’s core vote out before the closing of the poll. That is a perfectly legitimate and normal thing to do, because people will not be convinced to go and vote by the numbers who voted at 10 o’clock; they will be convinced to go and vote if they think it is the right thing to do. However, if there is a running tally, on day one the petition officer might say, “Ten people voted today”, and the next day might say, “This is ridiculous. Get more out; do your job as citizens; get rid of the MP; get the recall”.

If the recall threshold is 10%, the figure may start at 5%. The hysteria of getting more and more people will mount up. As we approach day 19 or 20, there may still be 2% to get, so this huge momentum may be built up to get people to sign the recall petition. Huge pressure builds up for that to be done. In this, the Member of Parliament subject to the recall is totally powerless. He is like a rabbit in the middle of the road with the lights of a car approaching—totally impotent in these matters.

It has been said that former Members of Parliament have a vested interest in the sense that we are overprotective of existing Members of Parliament. However, it is not a question of being overprotective. No one—certainly not me—has suggested that triggers are wrong and should not be discussed, or that there should never be a recall petition. That is not the case at all. We suggest that there should be a level playing field and the possibility of a fair trial, if you like. I fear that it is the other way round, given the way the Bill is drafted. It will not give the MP concerned a reasonable possibility of keeping his or her seat.

As the noble Lord, Lord Forsyth, said, if an MP loses a recall petition, there will be no prospect at all of him being re-elected, or reselected by his party to stand. We are discussing not so much the cold print on the paper as the realities. So I hope that—

[Lord Forsyth of Drumlean]

I am grateful to the noble Lord—what he said is absolutely right. If someone found themselves in a position where this whole procedure was initiated, it is unlikely that a political party would retain them as a candidate. Even at the first stage there would be great difficulty getting a signature from their party, so their career would be over.

[Lord Hughes of Woodside]

I accept that entirely. Of course, the decision will be made by the constituency party, not so much on the basis of the seriousness of the offence but of whether they think they can win the by-election. I despair at the way in which the Bill is drafted and at the lack of any respect for the MP concerned.

I do not wish to divert down difficult roads, but there has been a lot of discussion in the press recently about the right of a person to return to his or her chosen profession. That has been intensified in the debate about a certain footballer who committed a very serious offence. I will not enter the argument at all about the rights and wrongs of that. However, throughout that debate, rehabilitation has gone out of the window in many respects. I fear that MPs will be subject to the same kind of attack and that, if they commit an offence, they will beyond the pale for ever. So some safeguards have to be built in. I understand that the Minister may not be able to accept the amendment in its present form. However, I hope that he understands its seriousness, and that something can be done to prevent a bandwagon building up not on the merits of a case but simply on getting the numbers out.

[Lord Tyler]

My Lords, I sympathise with the argument put forward so eloquently by the noble Lord, Lord Hughes, but I wish to return to Amendments 45 and 46, to which the noble Lord, Lord Foulkes, just referred. As he said, I and my party have been committed to extending the franchise to 16 and 17 year-olds for a very long time. I am delighted that the Labour Party now supports that position. He will know that I had a Bill before your Lordships’ House to extend the franchise to that age group for all elections, which would apply also in the case we are discussing. That Bill received a Second Reading. I had cross-party support from the noble Lord, Lord Lucas, who had advanced a similar Bill previously from the Conservative Benches, and from the noble Lord, Lord Adonis, and the noble Baroness, Lady Young of Hornsey.

However, I worry that we are now in a position of complete ad hocery on this issue. The franchise was successfully extended to 16 and 17 year-olds in the Scottish referendum. They registered in far greater numbers than anybody anticipated and took a very lively and constructive approach to the issues raised by that campaign. I think there was a general acknowledgement that in some ways they were rather more realistic, down to earth and sensible about the issues raised than some of their elders. It was noticeable that middle-aged men in Scotland—not the 16 and 17 year-olds—seemed to fall for the blandishments of the separatists. That was a classic and very effective demonstration that some of the concerns that Members on all sides of your Lordships’ House had about extending the franchise were actually ill founded because those young people took a very active role and responsible attitude to the decision they had to take. As Members of your Lordships’ House who followed the proceedings on the then Wales Bill will know, since then we have managed—with the Government’s help and encouragement in the end—to extend the franchise to 16 and 17 year-olds, subject to the Welsh Assembly agreeing to any future referendum in Wales. Those were the first and second steps in this regard.

The third step is that the Prime Minister has apparently agreed with the new First Minister of Scotland that at the next Holyrood elections the franchise should be extended to 16 and 17 year-olds. For me, the franchise is an absolute basic foundation stone of our representative democracy. I find it difficult to accept that we should have this process of attrition. I accept that each step forward is a step in the right direction, but surely we should have a comprehensive approach to this. Following these three important steps forward, I very much hope that the Government will now acknowledge that there is an absolutely irrefutable case for extending the franchise to 16 and 17 year-olds for all elections, all referendums—or referenda, depending on your pronunciation and syntax—and, indeed, for petitions of this sort. It would surely be absolutely ludicrous to say to the young people of Scotland—and, in future, of Wales—who have experienced taking a full adult role in our democracy, when it comes, for example, to a referendum on the future membership of the EU, “Sorry, you’re not in on this one”, which is, of course, just as important in terms of the future governance of our country.

It is time to step back from this ad hoc, piecemeal approach to the franchise. It is too important to be treated in this way. I hope that a holistic approach will be taken in the future. That may have to await the outcome of the general election, but at the very least I hope that Ministers will acknowledge that, given the three important steps that have already taken place in this direction, they cannot ignore this issue with regard to this Bill. I hope they will at least be prepared to indicate that they have an open mind on the issue and acknowledge that at some point or other we will have to address it.

[Lord Forsyth of Drumlean]

My Lords, I take a contrary view. Indeed, I strongly opposed the idea of giving 16 year-olds a vote in the Scottish referendum, not because it was necessarily a bad idea in itself—although I thought it so—but because it was the thin end of a wedge and people like the noble Lord would argue that we have already done it in Scotland, so we have to do it in Wales and at the general election.

The Government presented the issue as being solely about referenda. I agree with the noble Lord that the position we are now in is rather inconsistent. However, the inconsistency that I am concerned about is that, although it is apparently okay for these young people to have a say in whether a Member of Parliament should be dismissed, and okay for them to have a say in who should form the Government of our country, they cannot buy a packet of cigarettes or a pint of beer. It seems to me the most extraordinary distortion. If one takes the view that 16 year-olds are perfectly mature and adult and able to decide these issues, why should they not be able to decide whether they want to have a drink in a pub or buy a packet of cigarettes? What I find very galling, certainly in terms of the Scottish Parliament, is that the people who argued for the franchise to be extended to 16 year-olds were the very same ones who prevented them being able to buy a packet of cigarettes. I think that we all understand what was behind that. For once, in the consideration of these amendments, I find myself in disagreement with the noble Lord, Lord Foulkes, on Amendment 45, but I am very strongly in agreement with him on Amendment 48. This is another example of how the Bill has not been thought through and is a complete muddle.

Why should someone not be able to withdraw their name? They may have read in the newspaper about the circumstances that merited a particular Member of Parliament being subject to recall and then found out that the facts were not quite as they thought. The Member of Parliament may have had the chance to make his case to the voters; they may have already signed, why should they not be able to change their mind and withdraw their signature?

That brings me to Amendment 56, in the name of the noble Lord, Lord Hughes. I do not know what I think about this. I can see his point, that we will get people who are campaigning to get rid of the Member of Parliament for political reasons, or because they feel strongly about whatever the issue is that is being raised. The point was made earlier that it may be a minor road traffic offence and it may be road safety campaigners, or whatever. They will want to know how many signatures there are; they will want to get to the threshold; and I can see that, if there is a running total, that would turn it into something of a campaign. Of course, if one is not able to withdraw one’s signature, then those who are campaigning on behalf of the Member of Parliament, or perhaps the Member of Parliament on his own, would not be able to influence people who had already committed themselves.

The reason I am doubtful about the noble Lord’s amendment is that the Government themselves are schizophrenic on this matter. It seems to me that if one is going to sign a petition with these consequences, one’s name should be public and there should be an opportunity for the Member of Parliament to write to the person concerned to say, “I see you have signed this petition; you ought to be aware that these are the facts”. On the other hand, I can see why people might want to do it in secret and to retain that. I missed the earlier part of the discussion, but I gather there was some idea that one should be able to consult the register. I think that this is unclear. If people are taking the view that someone should be subject to a by-election, which in practice means ending their career, they ought to be seen to take the stand in public and there ought to be an opportunity for the person concerned to make his case to them directly, in the way that we have always done. We knock on doors and make our case directly to the voters. It is for them to decide.

I can see that there might be concerns about intimidation and the rest, but all these concerns arise from this process and procedure which I think is fundamentally ill considered. I know that my noble friend will get irritated at me making this point again, but I do not see how this is actually going to work in practice at all. If there is a decision to set up a petition, I do not believe, in those circumstances, that any serious political party would stand by the Member concerned. Therefore, the Member concerned is not going to go through this whole procedure. If the Member has the support of his political party, then the sensible thing for him to do—and, indeed, for the political party—is to cut the whole thing short, a point which was made by the noble Lord some days ago, create a by-election and not go through this extended death by a thousand cuts. The process is lengthy and it would be an expensive campaign both in terms of resources and reputation.

I very strongly support Amendment 48, put forward by the noble Lords, Lord Foulkes and Lord Hughes, and I am absolutely fascinated to hear the Government’s response on Amendment 56, which I hope will clarify the position of those who sign the petition. Will their names be known? Will their names be made known to the person who is the subject of the petition? Will their names be made known more publicly? Will their names be made known to the local newspaper, or will it just be the numbers? Will there be a running total? We need to have clarity on this.

Before I sit down, I say to my noble friends on the Front Bench, please do not say that this has all been discussed and considered carefully in the House of Commons, because this kind of practical detail has not actually been discussed very carefully in the House of Commons, and it goes to the whole efficacy of the legislation and to the justice of the legislation from the point of view of the individuals concerned.

[Lord Grocott]

My Lords, the Government obviously do not want any change to the Bill at all, if they can achieve that, other than the amendments that the Minister himself has put down. However, I urge them to look at Amendment 56, if no other. We cannot simply treat this in isolation from all the other normal electoral practices of our democracy.

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[Lord Forsyth of Drumlean]

Will the noble Lord indicate which side of the argument he is on regarding whether the names of the people who sign the petition should be made public or made known to the Member of Parliament?

[Lord Kennedy of Southwark]

I think that the Government are going to consult on that and will come back on it. They have not made the position clear at present.

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[Lord Wallace of Saltaire]

I will come to the noble Lord’s other amendment. I was talking about the amendment on the right to change one’s vote or attitude to the petition after one had voted. I will come to his amendment on disclosure of the number of signatories. The Bill—rightly, as he noted—does not specify whether a running total of the number of signatories should be published. That we intend to be a matter for the conduct regulations. As is the case at elections, petition officers and their staff will be bound by their official duty, and penalties will apply if information is released without proper authority. Again, I stand on regular practice. It is not allowed for those concerned with the conduct of elections—and, by extension, petitions—to release information of that sort. There will be many occasions on election day when releasing figures at one o’clock on how many people had voted would be helpful. That is not the case, and it is similarly not the case here.

[Lord Forsyth of Drumlean]

Is the Minister then saying, if we are following existing practice, that that would mean it is a secret ballot and nothing is disclosed, and that after the event a marked register may be available to show who has voted? That is the existing practice that applies to normal, conventional general elections. Will that be the position in this respect? It is no good saying that this is a matter for regulations; it is a very important point in terms of the operation of the Bill.

[Lord Wallace of Saltaire]

The noble Lord, sadly, was absent at his committee when we were discussing the question of secrecy. I am sure that he will enjoy reading the Hansard of the debate. We will come back to the issue on Report. We have been around the question of the problem of secrecy and I am not going to repeat our position for those who, unfortunately, were away.

[Lord Forsyth of Drumlean]

I am not asking my noble friend to repeat an earlier debate. What I am asking is very simple: when he says that it is the same procedure, does that mean that it is a secret ballot and that the names will not be made available to people? Yes or no?

[Lord Wallace of Saltaire]

My Lords, we spent some considerable time on this issue. When you sign a petition you do so with a clear aim. It is a complicated issue and I am happy to discuss it with the noble Lord off the Floor, but I do not wish to repeat all the arguments that we made at an earlier stage in a fairly extensive discussion.

The noble Baroness, Lady Hayter, and the noble Lord, Lord Kennedy, raised the offence of double signing. Clause 12 mirrors the offence of double voting in electoral law regarding the maximum penalties that apply on conviction: a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and so on. Again, we see no reason to change existing law and regulation for the petition, given that existing regulation is clear and is regularly applied. The Government are clear that convictions for electoral offences must result in the appropriate punishment to act as a deterrent for electoral fraud. We have seen courts deal robustly with proven, albeit isolated, instances of electoral fraud in recent years and the current offences framework has enabled significant penalties to be imposed where appropriate. That seems to us to be the basis on which the Bill should extend to the current petition process.

I hope that that provides constructive answers to those with amendments in this group. On that basis, I hope that the noble Lord is able to withdraw his amendment.

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[Lord Wallace of Saltaire]

My Lords, Clause 10 provides for regulations to specify the detail of how constituents may sign by post or proxy. The detail about how postal and proxy signing will operate will be dealt with in regulations made under Clause 18. The noble Lord, Lord Foulkes, laughs. He accused me of not taking seriously his attempt to drive a change in the voting age into the Bill on the grounds that it made it a farce. I suggest—with the greatest respect, as he might say—that that was going considerably over the top.

The approach to regulations on postal voting mirrors that of UK parliamentary elections, where the rules for absent voting appear in secondary legislation. At an election, this is usually the 11th working day before the poll, which allows applications received in the days just before and up to the deadline to be processed and postal ballot packs issued to electors for them to complete and return in time for the close of the poll.

For a petition, it is possible to set a deadline during the petition-signing period itself. The last day of the period is, in effect, analogous to polling day at an election, so there needs to be a cut-off point. As noted in the memorandum prepared by the Cabinet Office and placed in the House Libraries before this debate, the Government accept that deadlines will need to be set within the eight-week period for absent vote applications to be made. In doing so, we recognise the additional need to check that the petition has not already been signed in person at the signing place, and to ensure that registers are properly updated to show that an absent vote application has been approved, thus guarding against the risk of double signing.

[Lord Forsyth of Drumlean]

Will the principle that my noble friend has enunciated—that we will follow the normal conventions on electoral law—be applied in this case? Therefore, as with postal votes, will the number of people who have voted by post be made public?

[Lord Wallace of Saltaire]

I need to confirm that, but I have no reason to assume that we will not follow normal and regular procedures, and that numbers—but, of course, not names—would be made public. At which point they would be made public is a question that I will also refer back to. I see the noble Lord’s mischievous argument, but I will make sure that we answer it.

[Lord Forsyth of Drumlean]

I must say to my noble friend that it is not mischievous. We are not being mischievous; we are trying to find out how this will work in practice and what the consequences are. If there is a large number of postal votes, that has implications, as the noble Lord, Lord Hughes, said. If it is to be made public, when in the campaign it is made public will have consequences for the Member concerned.

[Lord Wallace of Saltaire]

On the question of the deadline for the applications for postal votes, it is normal in an election for the numbers of postal votes cast to be announced after polls have closed.

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[Lord Howarth of Newport]

My Lords, I shall be very brief because I know that noble Lords are waiting for the next debate. My noble friend has evoked vividly some of the realities of life as a Member of Parliament and some of the pressures that could be brought to bear on an MP in a recall petition situation. I know that he will also reflect carefully on the difficulties and dangers of limiting the freedom of the press in such a situation, notwithstanding the fact that we have reason to fear that the press may be very virulent and determined to create an even more charged atmosphere in which it is even less likely that the Member of Parliament will get, as it were, a fair hearing.

However, I want to ask my noble friend about one particular point, which is whether Amendment 55 would cover the publication of opinion polls undertaken in the individual constituency during the period of the recall petition. We are becoming increasingly accustomed to tactical opinion polling being commissioned and published for tactical purposes so as possibly to manipulate opinion and thus affect the outcome of the election. It seems that the same considerations that apply to limiting the freedom of the press more broadly may not necessarily apply to the regulation of opinion polling during such periods. One of the dangers we have to anticipate is that there could be manipulative polling to exacerbate the situation. I wonder whether my noble friend has that in mind in part in his amendment and what his view is on the issue.

[Lord Forsyth of Drumlean]

My Lords, I am afraid that I cannot support the noble Lord’s amendment because it would be almost impossible to enforce, even if it was desirable in the age of blogs, the internet and everything else. I understand where he is coming from and, at the risk of repeating myself, I think that any Member of Parliament who finds himself subject to a petition is already dead in the water.

I was rather intrigued by our earlier discussion. If someone was present at the count of postal votes in any election and then inadvertently told someone else what the position was, they could very well find themselves facing a prison sentence and a recall petition of this kind. That is a good example of something which might be regarded as a matter where one could win the argument, but in practice it would be very difficult to stop the kind of comments that are made.

However, the noble Lord has done the Committee a service by underlining the key point in all this: once you get to the point of a petition being launched, it will not be about the issues surrounding the Member of Parliament; it will be about 1,001 grievances, political views or whatever. That is why I think that the Bill is fundamentally ill conceived. The House of Commons may think that where the committee has decided that someone should be sent away from the House for more than 10 days, that should start the procedure. However, it would have been better simply to have gone to the point of creating the by-election that would inevitably follow. It would save a lot of time, bureaucracy and cost, as well as a lot of grief and further damage to the standing of the House of Commons and the status of Parliament.

[Lord Kennedy of Southwark]

My Lords, the probing amendment proposed by my noble friend Lord Hughes of Woodside raises the important matter of what is said about an MP in a campaign in connection with a recall petition. Many noble Lords who have spoken in our debates on the Bill have expressed concern that MPs who take up causes that are unpopular and then find themselves subject to a recall petition could find that opponents use campaigns or issues that have nothing to do with the issue in question to try to take advantage of the situation. That raises a very important point for your Lordships’ Committee.

My noble friend Lord Hughes was for many years the chair of the Anti-Apartheid Movement, but not so long ago not everyone was so well disposed towards that organisation and its aims. My noble friend made a point by giving examples of issues in his constituency, and I noted his comments about our reputation in the world with regard to the state of our democracy. He went on to make the particular point that there needs to be fairness in the process so that MPs are not allowed to be judged or abused on the positions they take as part of their job of being an MP and which have nothing to do with the actual issue in question. They should be judged on the subject of the recall petition itself. I hope that the noble Lord will respond carefully to the issues that my noble friend raised.