Recall of MPs Bill

Lord Grocott Excerpts

Tuesday 10th February 2015 Lords Chamber

[Lord Grocott (Lab)]

My Lords, it is the job of Parliament and this House to be clear in our language as far as possible. I was wondering whether I had time to rush out and check a copy of the Oxford English Dictionary. In all my years in public life, the word “petition” has always involved collecting names and presenting them on a list to whoever you are petitioning. That was certainly the case in the other place, and I assume it is in this House, although I have no experience of it. Should the Government not be minded to accept this amendment, it would involve a redefinition of the word “petition”. A petition involves petitioners, and petitioners are not anonymous people who cannot be traced.

[Lord Hamilton of Epsom (Con)]

My Lords, I have been a little confused by this as well. I imagined that when people signed the petition, they would be crossed off the electoral roll—that would be the proof that they had signed. There would be no question of checking the signatures; it would be a question of checking the electoral roll. I would be grateful if my noble friend could fill us in on that.

--- Later in debate ---

[Lord Grocott]

My Lords, I have put my name to the amendment, which is milder than the one we considered in Committee. It is a reasonable, moderate and sensible amendment, and therefore I tend to fear that the Government may not look at it very favourably.

The principle seems crystal clear. One of the few good things in the Bill, which otherwise I dislike intensely, is that it gives the final word to the electorate, which is where it should be. That is what I think is at fault with so much of the rest of the Bill: it has all sorts of complicated procedures that intervene between an MP and his or her constituents. Quite properly, a judgment is made every five years at a general election and, in my view, that is the way it should have rested. There are numerous other mechanisms within parties’ own disciplinary procedures which could enable most of the evils that it is alleged are identified by the Bill to be addressed.

However, as I said, the one good thing in the Bill is that it allows a Member of Parliament, even after a recall petition has been carried, to at least stand in his or her own defence in a by-election. That option does not exist following decisions of the election court. The MP—all too easily, it seems to me—is not only thrown out of Parliament but prevented from asking the electorate to give their judgment on the merits or otherwise of their having been thrown out of Parliament. It may well be that the electorate will endorse the decision of the court—in this case, the election court—and say, “Yes, you are right. It is wrong for this person to continue as the Member of Parliament”, but at least they should be given the option. When you introduce, as the Bill effectively does, a new sanction on Members of Parliament who misbehave, or are deemed to have misbehaved—that is, the recall system and the recall petition—then it seems to be a matter of common sense, if not common fairness, that we should consider whether this new mechanism is applicable to existing disciplinary offences or other existing offences. That is the point.

Therefore, this very moderate amendment simply says that, in future, within a period of two years a Secretary of State should be able to consider and report to Parliament whether this new recall petition procedure should be available to the election court as part of its machinery of penalties. If not, all sorts of anomalies might arise. If you bring in a new penalty for a similar category of offence, clearly consideration should be given to whether it should be introduced for older offences and older penalty mechanisms.

[Baroness Oppenheim-Barnes (Con)]

Does the noble Lord agree that the power of the electorate has already been pre-empted in the first place? What he said is perfectly right, in my view, but it has happened too late to bring constituents back in again with a vote or with an opinion, because their power has been pre-empted.

[Lord Grocott]

What the noble Baroness said is right to the extent that the whole mechanism of this Bill is doing as she said. But I suppose I am looking for some mechanism whereby it could be made a little fairer and across the board. I am not even doing that; I am saying that the Secretary of State should report to Parliament so that it can judge whether these offences, as determined by the electoral court, should have available to them the penalty of a recall system, which Parliament appears determined to impose. That is all that is being asked by this amendment, and my noble friend put it very well. I rest my case.

--- Later in debate ---

[Lord Grocott]

My Lords, my observation is simply on the practicalities of this. I do not know what would happen in these signing places, the number of which we have just agreed should be extended to a maximum of 10. What would actually happen to them in weeks two, three, four, five, six, seven and eight? Surely, the overwhelming evidence shows that, with the kind of build-up that is being described by my noble friend Lord Howarth, anyone who wanted to sign this petition would, I imagine, have built up to a sufficient level of frenzy that they would be virtually queuing at the station where the petition could be signed. Certainly, they would have dealt with it by week two or week three. There is an idea, somehow, that we need to keep these stations open for 10 weeks. For heaven’s sake, consider a general election campaign, until this dreaded Fixed-term Parliaments Act came along, about which I have expressed opinions in the past. Normally, there were five or six weeks of intense campaigning, which constituted a general election campaign. That was more than enough for most of us, I think. As far as I was concerned, I found it exhausting.

We know, from the evidence, about postal voting. Experts such as my noble friend Lord Kennedy on the Front Bench will no doubt know more about this than I do. Is not the evidence overwhelming that people either cast their postal vote within a day or two of receiving the ballot or they do not do it at all? I think exactly the same principle would apply to this. I think it most unlikely that this Act, as it will become, will come into operation very often, if at all, which makes the whole operation seem rather a waste of time. Assuming, however, that it comes into operation, I would safely predict that the poll clerks in these up to 10 signing places would be sitting there reading newspapers for weeks 3, 4, 5, 6, 7 and 8. I can see no conceivable practical reason, let alone in the arguments that my noble friend has advanced, why we need such a long period for signing.

[Lord Soley]

I want to emphasise what I said in my intervention. Bear in mind that when Bobby Sands starved himself to death, there were constant displays outside all sorts of places relating to government in Northern Ireland and southern Ireland. If we have this, there will be something similar. It will not, I hope, ever be as dreadful as that period again, but do bear in mind a very important point: people get sentenced for offences as a result of a political situation.

I shall give another example, which has been given here in the past and concerns the First World War and conscientious objectors. There is a whole range of issues on which, in the past, Members of Parliament have committed offences which are illegal and get them into trouble with the law. Under this legislation, it would result in their losing their seats. If you want to look at a situation, of course it is easy to identify ones where MPs fiddled their expenses. That is the easy option. However, when they are linked into a political-style offence, it is a very different ball game and there are all sorts of dangers. To my mind, that is a much bigger danger in the whole of this Bill, not just this individual question of three or eight weeks.