Recall of MPs Bill

Debate between Lord Gardiner of Kimble and Lord Kennedy of Southwark

Tuesday 10th February 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the proposed amendment would alter Clause 21 to remove the power for the Act to be amended through regulations relating to the conduct of the recall petition process. Noble Lords will recall that this recommendation was made by the Delegated Powers and Regulatory Reform Committee in its report on the Bill, and an amendment to that effect was tabled by the noble Baroness, Lady Hayter, in Committee.

The power to amend the Act relates only to making regulations about the conduct of the recall petition process. It was originally included to allow for changes in other areas of electoral legislation, in particular the introduction of individual electoral registration. Now that such reforms have been made, we do not believe such a power is justified in this case.

The Government have since responded to the report of the Delegated Powers and Regulatory Reform Committee, agreeing that such powers should be taken with care and that, in this instance, the power is no longer necessary. The Government have therefore tabled this amendment to remove the power to amend the Act through conduct regulations. I beg to move.

[Lord Kennedy of Southwark]

My Lords, Amendment 25 removes the words “including this Act” from the Bill. The Delegated Powers and Regulatory Reform Committee thought that these words would permit the infiltration of substantial and significant provisions into the Bill, and we agree. This is the amendment that my noble friend Lady Hayter moved in Committee, and I am delighted that the Government have listened to the Delegated Powers and Regulatory Reform Committee and the Opposition in this respect. We agree with them that this was a step too far. I support the amendment.

Recall of MPs Bill

Debate between Lord Gardiner of Kimble and Lord Kennedy of Southwark

Monday 19th January 2015 Lords Chamber

[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.

[Lord Gardiner of Kimble]

My Lords, I am most grateful to the noble Lord, Lord Hughes, for his amendment, which intends that in the event of any material being written, spoken or broadcast that is unrelated to the wrongdoing which initiated the recall petition and which is detrimental to the MP, the petition will become null and void.

The Government believe that there are three significant concerns as to why this amendment presents difficulties. Indeed the noble Lord, Lord Hughes, referred to the first, which is the principle of free speech—an issue which of course all of us in this House prize very strongly. I do not think that we should, in effect, severely restrict what individuals, including MPs, constituents and the media, may say or write for a period of eight weeks.

My second concern is the appearance that this amendment gives of particular and special treatment for a Member of Parliament. The noble Lord’s amendment states that it is only material unrelated to the wrongdoing and which is detrimental to the MP that will cause the petition to become null and void. That leaves the clear interpretation that there will be no such consequences to publishing material unrelated to the wrongdoing that is beneficial to the Member of Parliament facing recall. Indeed, while I realise the view of my noble friend Lord Forsyth on the Bill, here he is absolutely right. The third concern is that the proposals would make recall unworkable. Indeed, who would determine whether something is detrimental—and is that even possible?

I say by way of example that it would be impossible to conceive of an eight-minute period, let alone an eight-week period, which could pass without even one example of detrimental material being put into the public domain. The noble Lord’s proposals would make it very difficult for any recall petition to reach its conclusion because it would be quite simple for the supporters of a Member of Parliament to put out negative comments just to secure that outcome. I hope that the noble Lord will accept that I entirely understand and accept his good intentions, but, for the reasons I have outlined, I hope he will feel able to withdraw the amendment.

UK Economy: Tourism

Debate between Lord Gardiner of Kimble and Lord Kennedy of Southwark

Thursday 20th November 2014 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, would the noble Lord agree that the growth of the working poor is a matter of great concern? Will he join me in calling on all employers in the tourism industry to commit as soon as possible to paying all employees the living wage?

[Lord Gardiner of Kimble]

My Lords, the Government are clear that, where the living wage is affordable for a company, we encourage it to pay it.

Living Wage

Debate between Lord Gardiner of Kimble and Lord Kennedy of Southwark

Thursday 8th November 2012 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what progress they are making on implementing the living wage.

[Lord Gardiner of Kimble]

My Lords, the living wage is a voluntary minimum level of pay above the national minimum wage that companies and other bodies can choose to pay their employees. The Government back the idea of a living wage, and we encourage businesses, where possible, to take it up. However, we have no plans to require employers to pay the living wage.

[Lord Kennedy of Southwark]

My Lords, work should be the surest way out of poverty. Will the noble Lord join me in congratulating those employers who pay the living wage, as well as the Living Wage Foundation, Mr Ed Miliband and the Mayor of London, Mr Boris Johnson, on the work they are doing to support it? When will the Prime Minister catch up and do something about this issue?

[Lord Gardiner of Kimble]

My Lords, the Government have directed their focus entirely in terms of low pay on taking action to help through the tax system. Indeed, they raised the income tax allowance to take 2 million of the lowest-paid people out of tax altogether. From next April someone on the minimum wage working full time will see their income tax bill cut in half, and if they work 28 hours a week they will no longer pay income tax. That is a direct result of what this Government are doing to assist the low paid.