Recall of MPs Bill

Lord Kennedy of Southwark Excerpts

Wednesday 14th January 2015 Lords Chamber

[Lord Maxton]

I agree with the most of that, but the commissioner’s report makes a recommendation on sentence as well. In most cases—not all of them—the committee will agree with that report. However, I accept that, given the circumstances that we are now in—which is why I support the amendments—that might change and the commissioner’s report would not necessarily be upheld in the circumstances that the noble Lord outlined. At the moment, the commissioner gives a recommendation as to what sentence should be given. In quite a lot of cases, that recommendation is that the Member should appear before the House of Commons and apologise for their behaviour; it is often no more than that.

[Lord Kennedy of Southwark (Lab)]

My Lords, this group of amendments contains amendments for which I am able to offer the support of the Opposition Front Bench and amendments for which I am not.

Although the non-government amendments are, I believe, only probing, enabling us to debate issues around this important Bill and the provisions concerning recall that it contains, the Labour Party manifesto at the last general election gave a commitment to introduce a system of recall of MPs for wrongdoing. We support the Bill on that basis.

Amendment 5, tabled by my noble friends Lord Foulkes of Cumnock and Lord Hughes of Woodside, would delete the second condition of recall, as spoken to in detail by my noble friend Lady Taylor of Bolton. The conditions of recall were debated during the Bill’s passage through the other place. It is right to have a condition of recall that responds to the report from the Standards Committee into the behaviour of a Member of Parliament, where the House of Commons on receiving the report suspends the Member for the requisite period. While I have the greatest respect for my noble friends who have spoken in this debate, I am unable to support the amendment today, as I do not think that it would be right, when the other place has taken a view on a matter of such a serious nature as to suspend a Member, for us to change that.

Amendment 7, which was also supported in addition by my noble friends Lord Campbell-Savours and Lady Taylor of Bolton, increases the period of suspension before the recall provisions are triggered from 10 to 20 sitting days. Amendment 8, again in the names of my noble friends Lord Foulkes of Cumnock and Lord Hughes of Woodside, is consequential and takes the period in any other case up to 28 days. These amendments, in effect, reverse the positions agreed in the Commons on an amendment proposed by the Opposition Front Bench. When these issues were debated in the Commons my honourable friend Mr Thomas Docherty made clear from the Dispatch Box the reasoning for the amendment: that, despite concerns raised inside and outside Parliament and the reputation of Parliament being damaged with Members doing wrong that resulted in a suspension, with this threshold in place over the past 20 years on only two occasions would it have been met, as my noble friend Lord Grocott said. Those Members who were suspended in the 1990s for taking cash for questions, which was hugely damaging to Parliament, would have escaped the recall provisions. My colleagues in the other place thought that was unacceptable and brought forward the amendment that was agreed to reduce this trigger to 10 days’ suspension.

Amendments 12 and 36 in the name of my noble friend Lord Foulkes of Cumnock remove the words “or otherwise” in both cases from the Bill. Looking at these amendments I am not sure whether they will have unintended consequences and that is why I am unable to support them. I can see a situation, as my noble friend Lord Grocott said in a previous debate tonight, where an MP finds that they have triggered the recall provisions, maybe by serving a term of imprisonment for one day for demonstrating in support of or with some of their constituents, as other noble Lords have referred to. Rather than waiting for the recall to be triggered, the MP may in fact just resign their seat and fight a by-election immediately. They would certainly in those circumstances have avoided lots of campaigns against them, all spending money to have them recalled, and the by-election would be held with strict election expense limits. It seems to me that by deleting these words in the two amendments we could be denying the Member of the other place that option, and that would be regrettable.

Government Amendments 6, 9 and 10, which have the full support of the Opposition Front Bench and have also been signed by my noble friend Lady Hayter of Kentish Town, in effect seek to future-proof these provisions as far as possible. We are aware that the Commons is or will be looking at these issues in respect of the processes to deal with Members who have done wrong, and these amendments seek to ensure that, whatever the process, the provisions of this recall Bill apply.

The noble Lord, Lord Elystan-Morgan, said—and I agree with him—that the House of Commons is an honourable institution. Members of Parliament from all sides act honourably, work hard on behalf of their constituents and serve people well. Dishonourable Members are very rare and we are all very well served by Members of Parliament. I also agree with the comments of my noble friend Lord Maxton about the denigration of democracy. I also regret that my noble friend—

[Lord Forsyth of Drumlean]

My Lords, before the noble Lord finishes his remarks, I take him back to the justification which he gave for the 10-day issue, which was that two colleagues who had committed serious offences in the past would not have been caught. Does he really think in the current climate, whatever the number is—whether it was 10 days or 20 days—that they would not have found themselves subject to recall? Therefore surely the logic of his position is incorrect. By setting it at 10 days, we limit the spectrum of penalties that can be put forward. To argue that because in the past a view would have been taken that was less than 20 days does not actually fit in with the spirit of the age. If this Bill is passed and becomes law, it is inconceivable, I would have thought, that the Standards Committee would not look beyond 20 days. This is a self-fulfilling argument that has narrowed the scope for the House to show that it has taken a tough line.

[Lord Kennedy of Southwark]

I do not agree with the noble Lord. The amendment was tabled by the Opposition Front Bench because these are serious matters. Members who committed serious wrongdoing would have got away with not being recalled. By tabling the amendment, we wanted to reflect that their punishment was not enough; they should have been recalled. We wanted to give a clear signal to Parliament and to the country that, in future, 10 days is the right length after which that should be dealt with.

In conclusion, I regret that my noble friend Lord Campbell-Savours is not here tonight, as many other noble Lords have said. I wish him a speedy recovery.

[Lord Wallace of Saltaire]

My Lords, let me speak briefly to the government amendments, which, as the noble Lord, Lord Kennedy, remarked, are consequential to amendments tabled by the Opposition Front Bench and passed in the Commons by a significant majority. We have also tabled three amendments, Amendments 6, 9 and 10, to future-proof the second edition by ensuring that the reference to the Standards Committee captures any other committee that in future exercises the relevant functions. Perhaps I should mention that the Standards Committee is at present reviewing its arrangements, including the role of lay members—although I suspect that it is more likely to expand the role of lay members rather than to do what the noble Lord, Lord Cormack, would like, and dismiss them.

The amendments therefore make it clear that any other committee doing that function, whatever it is called, will continue to be given that function. They also make it clear that it is the report of the Standards Committee from which suspension follows and has to relate to the conduct of a particular MP, rather than, for example, a report about conduct or suspensions more generally.

The noble Lord, Lord Foulkes, has tabled several amendments. Amendment 5 is a wrecking amendment, which would render the Bill unworkable by making the first condition ineffective and by removing the second condition. Amendments 7 and 8 would overturn the will of the other place, which voted on Report by 204 to 125 to support an amendment tabled by the Opposition Front Bench to set the threshold at 10 sitting days, as has been remarked on. I suspect that those who were absent were doing other things elsewhere, rather than sitting outside determined to abstain but frightened that the Daily Mail might see what they were doing, which is what I think some noble Lords were suggesting.

Amendments 12 and 36 would amend how the seat might otherwise be vacated by deleting the phrase “or otherwise” from the Bill. Another way of future-proofing the Bill is to emphasise that the seat may be vacated for a number of other reasons—disqualification, death or other causes which the Commons may in future decide for itself. That would of course mean that no recall process was necessary. If the MP’s seat becomes vacant for whatever reason, the MP will not need to face a petition. Those words are therefore needed to stop unnecessary recall petitions being started where the seat has already been vacated.

Perhaps I may say a few wider words on the tone of our Committee so far, because what I hear is a number of noble Lords saying that we have to save the Commons from itself—we know better than the other place. I wish that when we had been debating House of Lords reform, we had the same sense that the other place knows better about us, but I did not hear that sentiment from noble Lords—particularly those here at the time. We have to be very careful not to have nostalgia for British politics of the 1960s as a golden age in which we had two-party politics, mass parties, respect for MPs and Parliament and deference.

--- Later in debate ---

[Lord Grocott]

That is absolutely right, but of course we know why the five-year provision was enacted in the first place. We owe it to David Laws, who gave us an explanation in his book, which I would recommend noble Lords read, if they have not done so already: 22 Days in May. In it he states that in the course of the negotiations between the Lib Dems and the Conservatives:

“We mentioned that our own policy was for four-year, fixed-term parliaments. George Osborne made the point that five-year parliaments were better, as they allowed governments to get into implementing their plans before having to start worrying about the timing of the electoral cycle. We—

that is, the Liberal Democrats—

“made no objection to this, and Britain was on its way to five-year, fixed-term parliaments”.

So, as described by David Laws, the five years were introduced so as not worry about the timing of the electoral cycle, which I think is a polite way of saying “without having to worry about the electorate”. Will the Minister at least acknowledge that the best way of dealing with this business of accountability may be to have rather more frequent general elections?

[Lord Kennedy of Southwark]

My Lords, the amendments and clause stand part in this group look specifically at the role of the Speaker in the recall process; how the Fixed-term Parliaments Act relates to the provisions of the Bill; at what point on approaching the general election do these provisions no longer come into effect; what do we do if the MP who is under threat of recall happens to be the Speaker of the House of Commons; and is there a role for your Lordships’ House and the Lord Speaker in matters relating to the other place?

During my contribution at Second Reading, I raised the point that there appeared to be an omission in the Bill. What happens if the MP subject to the recall provision also happens to be the Speaker of the House of Commons? I am pleased that the Government have tabled Amendments 68, 69 and 70 to deal with this and put provisions in place to deal with this event if we find ourselves in a position where the Speaker has triggered the recall provision. The Chairman of Ways and Means is the principal Deputy Speaker and quite rightly the person who should undertake these functions if the circumstance arises.

Amendments 54 and 59, put forward by my noble friend Lord Foulkes of Cumnock, require the Lord Speaker to lay before your Lordships’ House any notices required by Clauses 13 or 14 that it is proposed are laid before the House of Commons. Each House of Parliament has procedures that enable it to conduct its business, regulate its affairs and deal with issues and problems. With the passing of legislation, for example, there is co-operation and agreed procedures to get a Bill on to the statute book.

However, the Bill concerns how we deal with MPs who have done wrong and have met the conditions of recall. The procedures for notifying the Commons are clear in the Bill, whether it be notification of the termination of the process or notification that the petition was successful. In those circumstances, I do not see any role for either your Lordships’ House or the Lord Speaker—although I agree with my noble friend Lord Foulkes’s comment in the previous debate that there are other roles for the Lord Speaker to take, and we should look at that another time.

It would be confusing for one House to notify another House about matters that concern one of its Members. I think that we should also remember that this Bill, when it gets on to the statute book, will, I hope, be rarely used. When it used it will receive considerable media attention. This is no local event and it will not have a local feel. I have no doubt that Members of your Lordships’ House will be fully aware of what is going on.

My noble friends Lord Foulkes of Cumnock and Lord Hughes of Woodside have also tabled Amendment 35, the effect of which is to reduce from six to three months the period before a general election when the provisions do not apply, the Member is already subject to a recall petition and the seat has been vacated. I can see that this reduces the time that the Member is exempt from the provisions, but I think that the reduction to three months makes things very difficult in practical terms.

It is proposed that the petition is available for signing for eight weeks and if successful a by-election is held, which can easily take four weeks—we are at three months. For these and similar reasons, the six months on the face of the Bill is the correct length of time, because it deals with the practicalities of this process and allows a reasonable period of time which is in no way excessive to deal with the practicalities we face.

I hope that my noble friend Lord Foulkes of Cumnock understands why I am unable to support this and his other amendments—although I have a feeling that they will be coming back in amended form on Report.