Recall of MPs Bill Debate

Full Debate: Read Full Debate
Department: Cabinet Office
Tuesday 21st October 2014

(10 years, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Greg Clark Portrait Greg Clark
- Hansard - - - Excerpts

As I have made clear, there are many views about the level of the recall and what the mechanism should be. I look forward to my hon. Friend’s contribution to the debate and think that all Members will understand the point he makes. One of the consequences of imprisonment, of course, is that an MP is prevented from attending, so at least part of that is covered by that provision.

Lord Lansley Portrait Mr Andrew Lansley (South Cambridgeshire) (Con)
- Hansard - -

Although the decision to suspend a Member is one for this House, the effective trigger for that process is a recommendation from the Standards Committee. Does my right hon. Friend therefore agree that it is important not only that we recognise that it results from an independent inquiry by the Parliamentary Commissioner for Standards, but that in the current review we strengthen the lay participation and voice in the Standards Committee? Does he agree not only that that should include an increase in the number of lay members, but that this House should hear directly from the lay members if in any respect they do not agree with the conclusion of the Standards Committee as a whole?

Greg Clark Portrait Greg Clark
- Hansard - - - Excerpts

That is exactly what I was alluding to when I said that the Standards Committee is considering ways to strengthen its credibility with members of the public. My right hon. Friend has substantial experience of those issues from his time as Leader of the House. I am sure that he will make an important and serious contribution to the debate.

I recognise that the creation of a recall mechanism for Members of Parliament clearly raises the question of how recall might fit with the disciplinary arrangements for other office holders in future. The triggers in the Bill have been carefully designed to fit with the particular rules of this House, and for that reason cannot be automatically applied to the recall of other elected office holders. This is not, and is not designed to be, a one-size-fits-all piece of legislation—that would be even more difficult to establish a consensus around—but we must of course learn the appropriate lessons from its implementation, which might in future be applied to other areas. I know that there will be debate, both today and later, on which other areas it might be appropriate to extend recall to. However, this Bill is narrowly about Members of Parliament.

--- Later in debate ---
Lord Goldsmith of Richmond Park Portrait Zac Goldsmith
- Hansard - - - Excerpts

The regulations we are using for those who sign the recall petition are exactly the same as those proposed by the Government. I do not want to mislead the House, but my belief is that names and addresses would not be published, and that this would be an anonymous process. The recall would need to be verified by the returning officer, but names would not be publicly available. The name of the person who initiates the 5% stage and the notice of intent to recall would be made public, however, as would the description. I think that is right for a number of reasons, including that there would be a person to whom the authorities could go if the 5% stage was fraudulent—if there were duplicate signatures or if children or people from other constituencies were asked to sign. It is much easier to attach legal responsibility to a named individual, as opposed to something entirely anonymous.

In responding to interventions I think I have described the process—I hope so; I am slightly lost—and I was beginning to describe what genuine recall would look like: the 5% of constituents; then the 20% at the business end, the 14,000 people going to the town hall and signing. If that 20% is met, the bell would be rung and a recall referendum would be announced. That would be a simple yes or no, where a majority—not a vexatious minority—of an MP’s constituents would be required to boot them out in order to trigger the next stage, which is a by-election.

Lord Lansley Portrait Mr Lansley
- Hansard - -

As I understand it, my hon. Friend’s alternative approach would enable a recall petition to be triggered for any reason. Will he explain at what point somebody who might be the subject not of a political complaint, but of allegations relating to their personal affairs, their conduct in this House, or conduct that might be the subject of a criminal investigation, would be subject to a petition? How would he prevent a petition from being triggered in circumstances where no allegation had been proven against that person?

Lord Goldsmith of Richmond Park Portrait Zac Goldsmith
- Hansard - - - Excerpts

One supporter of the amendments that will be tabled is my hon. Friend the Member for Ribble Valley (Mr Evans), whose circumstances match closely those just described. I hope that he speaks at some point in the debate—I do not see him here. He chose to support the amendments because he was reassured by provisions in them that once the judicial process begins, the recall process would be suspended. It would not be possible to seek to recall a Member once such a process had begun, until it had concluded. I think that is right, and there was an overwhelming consensus that that is right among the 40,000 people or so who responded to the survey. The measure would provide the protection that is required.

To reach its logical conclusion, before getting to the by-election the process would require an absolute minimum of five and a half months. This process would not happen over a weekend, and five and a half months would also allow Members to make the case to their constituents in a way that they could not in a short period of time. That is another reason why my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) —he has had similar experiences that I do not need to rehearse because everybody knows about them—is very much a supporter of the Bill. He feels that the five-month process was far longer than he would have required to engage with his constituents and make the case. The same is true of two other Members of the House who have had difficulties in their lives and who began the debate very much in opposition to recall. They now both support the amendments because they feel that they will get a fairer trial from their constituents than they ever would from social media, the mainstream media, or from a standard committee of parliamentarians, susceptible and fragile as we all are to tremendous pressures from newspapers and social media. The thresholds and protections are there.

--- Later in debate ---
Lord Lansley Portrait Mr Andrew Lansley (South Cambridgeshire) (Con)
- Hansard - -

I am grateful for the opportunity to contribute to this interesting debate, and I am pleased to follow the hon. Member for Foyle (Mark Durkan). In a sense, he and others who support the alternative approach, as set out by my hon. Friend the Member for Richmond Park (Zac Goldsmith), are looking for a Bill that would achieve a substantially different end from that of the Government’s Bill. I was surprised, however, that he and my hon. Friend the Member for Richmond Park appear to argue that we should adopt that alternative approach precisely because they have constructed it in such a manner that it would be unlikely to have any effect. I know that accusations have been made, perhaps with some justification, that the Government’s Bill would result in relatively few instances in which a recall would be triggered, because Members would very likely resign instead, as other Members have in the recent past. However, I do not think we should be looking for a system that is so difficult to manipulate and in which recalls are so unlikely to happen that Members would, in practice, be proof against it.

My starting point is that Members would have little to fear from being the subject of a referendum vote of the kind postulated in the Recall of Elected Representatives Bill, as opposed to the Bill we are considering today. I believe in the genius of the masses. The experience of my 17-plus years representing South Cambridgeshire has taught me that, although I might on many occasions have done something that a minority of my constituents disagreed with, I doubt that they would ever have actually turned me out between elections on those grounds. My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) made a similar point.

Graham Stuart Portrait Mr Graham Stuart
- Hansard - - - Excerpts

My right hon. Friend makes the point that those in favour of these amendments believe, as I think we all do across this argument, that most Members of this House behave honourably and that there will be very few instances in which the public, when they reflect seriously on the issues, seek to throw us out, but that is not a reason for not putting in place a recall—put that power with people and put trust in people to exercise it properly. The fact that it will be rarely used does not mean it is not important.

Lord Lansley Portrait Mr Lansley
- Hansard - -

I agree. I have been listening carefully to the debate, and it is interesting to consider under what circumstances the kind of mechanism—the kind of trigger for recall—that is not in the current recall Bill but that is proposed to be put into it in its place would impact on Members. I do not think it would be the prospect that they would be the subject of a referendum vote with 50% voting to have a by-election and the seat vacated. I think that is extremely unlikely. Much more likely, and in my view much more pernicious, is the possibility of large numbers of Members, over the course of a Parliament, being subject to a notice of intent to recall—with all the attendant impact that can have on an MP, not least when deployed by, and in the hands of, the media—for taking steps that may be in line with their manifesto and with the policy of their party or for taking an independent and potentially unpopular line, which, frankly, is even more laudable.

If the hon. Member for Clacton (Douglas Carswell) and some others were here, they would say, “That’s simply putting yourself in a position where you have to listen to your constituents and respond to them.” That is fair enough. We could accept that if this was done simply on that basis, but I think it would be more dangerous if it was deployed in other circumstances.

I made a point to my hon. Friend the Member for Richmond Park about a Member who had not been the subject of due process. Under his Bill, somebody being charged with an indictable offence would stay the process, but we know perfectly well that substantial periods can pass during which people are the subject of very damaging allegations but are not charged with an offence.

Guy Opperman Portrait Guy Opperman (Hexham) (Con)
- Hansard - - - Excerpts

I prosecuted nine murder trials and all manner of other things in my previous career, so I can endorse the fact that there will be a huge time gap in these matters. If we adopted the proposal made by my hon. Friend the Member for Richmond Park (Zac Goldsmith), the Member involved would simply be hounded out.

Lord Lansley Portrait Mr Lansley
- Hansard - -

I am grateful to my hon. Friend, who has such expertise, for endorsing that point.

It goes even further. Often we are talking about offences that are not indictable. They are what are regarded as offences in the mind of the electorate. They may be genuine or they may not be genuine, but if they are genuine and bear upon conduct in this House and are, on the face of it, a breach of our code of conduct, they should be considered by due process. We are trying to make the process in this House as fair as possible.

I have heard Members, including my right hon. Friend the Member for Haltemprice and Howden, be very critical of the processes relating to past decisions of the Standards and Privileges Committee. Let us be clear: we have made changes in this Parliament to standards and privileges. We now have a Standards Committee that examines matters not solely at the behest of MPs who are members of the Committee but has three lay members. We should consider this Bill alongside, and I hope with the benefit of, the review that will be conducted by the Standards Committee and its lay members. I am sure that in Committee the Chair of the Standards Committee will be able to add further to that.

When I was Leader of the House I made it clear to the Standards Committee that I saw these two things happening to some extent side by side, because the second trigger in this Bill depends upon the credibility and authority of the Standards Committee and the recommendations it makes. We can improve that. I think it will require more lay members and I think it will require a veto whereby a recommendation from the Standards Committee may not be made without the support of its lay members.

For reasons not least of parliamentary privilege we cannot give lay members a vote. However, as Leader of the House I said—I would be grateful if my right hon. Friend the Deputy Leader of the House confirmed this—that if there was a recommendation arising from a vote in the Committee on Standards relating to the conduct of a Member that did not have the support of the lay members, when the House came to consider that recommendation, I would see it as my responsibility, as I hope that my successors would, to put alongside any motion that was presented by the Chair of the Committee an amendment that would reflect the view of the majority of the lay members of the Committee. Therefore, while it would remain true that the membership of the House as a whole was responsible constitutionally for the regulation of the conduct of Members of this House and for a decision to suspend or expel a Member, it would be transparent whether the House was acting directly in accordance with the majority view of lay members. It would of course be acting with the benefit of the advice of the Parliamentary Commissioner for Standards.

David Burrowes Portrait Mr David Burrowes (Enfield, Southgate) (Con)
- Hansard - - - Excerpts

My right hon. Friend places a lot of emphasis on the issue of due process, but due process is not necessarily just the preserve of this House. There can be due process through a proper and appropriate trigger, threshold and referendum. Ultimately, an election has a due process. We have heard about being concerned about reputational damage from spurious allegations and the rest. If there is a judicial process, the recall could be suspended. We are already besieged by spurious complaints. Surely we should put this to a proper recall mechanism so that the electorate can put up or shut up.

Lord Lansley Portrait Mr Lansley
- Hansard - -

I understand my hon. Friend’s point. I am afraid that there are too many risks to be confident that the process of notice of intent to recall leading to the 20% petition could necessarily be regarded as objective and fair. All that is required to be done to damage substantially and perhaps fatally the reputation of a Member of Parliament is for such an allegation to be made, which may or may not lead to any charge for an offence or even relate to an offence and which may be something that is the product of their private and personal life and not of their activities in their professional responsibilities as a Member of Parliament. The fact that that kind of recall can be triggered for whatever reason gives an opportunity for substantial damage to be done without any objective and fair conclusion having been reached, which should be the case if one is going to have one’s livelihood put at risk in that way.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson
- Hansard - - - Excerpts

Is my right hon. Friend not drawing the distinction between the Government’ proposals, which, although not perfect, are formalising the fact that the recall process will be around criminal behaviour and misdemeanours rather than the proposals of my hon. Friend the Member for Richmond Park (Zac Goldsmith), which will be focused on conscience and policy issues? That distinction is very dangerous, which is why my hon. Friend’s amendments should fall.

Lord Lansley Portrait Mr Lansley
- Hansard - -

My hon. Friend leads me on to the most important aspect of this, which is that what is being sought here is an opportunity for recall in order to seek to influence the views of Members of Parliament. If that is not the case, why would the public be doing it? I have made the argument about allegations of poor behaviour. The Government’s recall Bill, which I support and was involved in, directs itself towards a perceived gap in the regulatory process relating to Members of Parliament who commit criminal offences or who behave in a manner that seriously breaches the code of conduct.

My hon. Friend makes an important point. It would be wrong to have a power of recall to try to sanction Members of Parliament. This recall Bill puts in place an objective and fair process whereby, if something is proven, members of the public may, by means of a petition, recall a Member of Parliament and subject them to a by-election. However, the amendments that we will consider in due course would put in place a substantially different process by giving people the opportunity to intervene by saying, “You, as my Member of Parliament, are expressing a view with which I do not agree”—for reasons of conscience, policy, party or whatever it might be—“and I want to demonstrate that you are doing something that we do not agree with to try to influence you to take a different approach.”

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
- Hansard - - - Excerpts

I agree with everything that the former Leader of the House is saying, and I want to ask him a genuine question because he has tremendous expertise in this matter. Does he think that there might be scope to amend the Bill further on Report so that it is absolutely clear that no procedure may be initiated simply on the basis of a Member’s votes or views? Is there room for improvement?

Lord Lansley Portrait Mr Lansley
- Hansard - -

I am happy to think about that, and I am sure that our Front-Bench colleagues will also be willing to do so. My initial view is that the second trigger could be applied only in relation to serious breaches of the code of conduct of MPs so, by definition, views on policy expressed by Members in this Chamber could not in themselves represent such a breach.

Lord Lansley Portrait Mr Lansley
- Hansard - -

When I was Leader of the House, I always enjoyed hearing the often highly educated views of the shadow Minister, and I give way to him so that I can do so again.

Thomas Docherty Portrait Thomas Docherty
- Hansard - - - Excerpts

The right hon. Gentleman says that he was involved in the Bill’s drafting and that it is good to be filling a gap. Will he or the right hon. Member for North West Hampshire (Sir George Young), who is sitting next to him, explain why although the coalition agreement said that the Government would

“bring forward early legislation to introduce a power of recall”,

it has taken them four and a half years to bring forward this important Bill?

Lord Lansley Portrait Mr Lansley
- Hansard - -

The coalition agreement did say that, but draft legislation was published in 2011, which was reasonably early in a five-year Parliament.

Thomas Docherty Portrait Thomas Docherty
- Hansard - - - Excerpts

How were you involved?

Lord Lansley Portrait Mr Lansley
- Hansard - -

I was involved not least because of the Political and Constitutional Reform Committee’s comments on the draft Bill but, more specifically for my purposes, because the Standards Committee suggested that the second trigger should be recast. The Standards Committee’s reservations are now dealt with in this Bill.

Charles Walker Portrait Mr Charles Walker
- Hansard - - - Excerpts

As important as recall is, what was much more important in 2010, 2011, 2012, 2013 and 2014 was fixing this country’s economy, and ensuring that people could pay their mortgages and remain in work. Let us not overestimate the Bill’s importance, because—dare I say?—the Public Gallery is not doing so.

Lord Lansley Portrait Mr Lansley
- Hansard - -

I do not suppose that I am overestimating the Bill’s importance, although it was important that we delivered on our manifesto promises and the coalition agreement. Achieving that was at the forefront of our minds as we set out our legislative programme, for which I had responsibility.

I was slightly amused that the speech made by the hon. Member for Clacton was largely about the importance of delivering on promises made at the previous election. The Bill exactly delivers on the promise in the Conservative party’s general election manifesto, and I think that that was why the Minister of State, Cabinet Office, my right hon. Friend the Member for Tunbridge Wells (Greg Clark), started his speech by reminding us what that manifesto said. For me, as a Conservative, the Bill is directly in line with that promise, and shifting to a process that is substantially different from that under the Bill would involve making a presumption about what the legislation should be without our having a mandate from the electorate. The hon. Members for Rhondda (Chris Bryant) and for Clacton showed in their speeches that they would like a different constitutional settlement, of which the power of recall that they want is only one small aspect.

Lord Lansley Portrait Mr Lansley
- Hansard - -

I will give way first to the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who is being very persistent, as ever, and then to my hon. Friend the Member for Beverley and Holderness (Mr Stuart).

Angus Brendan MacNeil Portrait Mr MacNeil
- Hansard - - - Excerpts

I am trying to understand exactly what the right hon. Gentleman is saying. Is he saying, for example, that were a future Prime Minister to lie in order to take the country to war, duping Parliament and, by extension, its Committees, the public should have no sanction other than years later at a general election, when many other issues could be at stake?

Lord Lansley Portrait Mr Lansley
- Hansard - -

The hon. Gentleman raises an interesting question, and not a hypothetical one—let us face it: he is referring to a decision of the kind taken in 2003. We have asked today how many people would sign petitions, write to their Member of Parliament or go to one of four designated places in a constituency in order to do something. Well, in my recollection, 2003 was the point when it was most likely that large numbers of the public would have taken some specific action in relation to a Government policy that they had not sanctioned, that certainly was not part of any previous manifesto promise and that they felt was wrong. That raises the following question: what would have happened in 2003 had recall been available?

I say this in a disinterested way, because I did not vote for the invasion of Iraq and so this would not have affected me, but I think there are those who would argue that that is what it is all about—that in those circumstances members of the public would have had an opportunity to say, “Not in our name” by setting up petitions and giving notice of the intention to recall. Throughout the period of the conflict in Iraq there would have been a rebellion among the electorate.

Is that right or wrong? I happen to think that necessarily it is wrong. To return to the constitutional point, we are a representative democracy in which we owe our constituents our collective judgment. We come here not as an independent legislature separate from the decisions of the Government, but to form a Government and sustain them through the legislature. That Government have to make decisions and secure the majority of this House, and we have to stick by that. This proposal would have completely undermined that.

If we are looking for a way to undermine the proposal, let us imagine that it had been possible for the organisers of protests in 2003 to focus on the Prime Minister’s constituency and get 20% of the voters there to sign a petition. They would have done so, even though they recognised that there was no way they could get 50% on the subsequent vote, but it would have had such a destabilising impact on the Prime Minister of the day, in circumstances in which he was doing something that was deeply unpopular but that he felt was right—whether or not he was right is not the matter. I cannot see how a responsible Parliament in a representative democracy could go down that path.

Graham Stuart Portrait Mr Graham Stuart
- Hansard - - - Excerpts

I am grateful to my right hon. Friend for honouring his pledge to give way to me. I think that he has now come to the heart of the matter, certainly as far as the amendments from our hon. Friend the Member for Richmond Park (Zac Goldsmith) are concerned: whether the electorate would seek to use the power of recall to challenge Members on matters of conscience, on how they vote and, fundamentally, on how they do their job in this place. Hon. Friends who represent university towns might have found themselves subject to such proposals when it came to voting on tuition fees. On balance, I do not believe that the electorate would abuse that power, but I recognise that there is a risk. Does my right hon. Friend have any evidence that it would be misused, as we would see it, in that way?

Lord Lansley Portrait Mr Lansley
- Hansard - -

This is very difficult, because we are necessarily debating what the circumstances would be, but I have been struck by speeches arguing for amending the Bill on the basis that it will all be all right on the night. Well, legislation is not like that. Legislation is like writing a contract; if we write a contract with somebody—in this case with the electorate—we have to know how it will be used and what will happen when it starts to go wrong. It seems to me that at the moment the defences against those potential problems are not there in the alternative Bill proposed.

John Howell Portrait John Howell (Henley) (Con)
- Hansard - - - Excerpts

Surely the evidence my right hon. Friend is looking for is in the bit of the Bill that is covered by the amendments. I have not been e-mailed by a single member of the public who is not also a member of 38 Degrees.

Lord Lansley Portrait Mr Lansley
- Hansard - -

My hon. Friend will recall that I am not enamoured of 38 Degrees, but it is interesting to make that distinction.

My hon. Friend the Member for Richmond Park and his colleagues have constructed the proposition that one must physically go to one of four places in a constituency in order to disempower 38 Degrees and those who would try to create petitions on an online basis. If we start down this path, that is where the pressure will come. People will say, “In this modern age we should not be dependent on physically having to go somewhere”, in the same way that they blithely talk about electronic voting and so on. It will rapidly get to the point where it is not about visiting particular physical locations but about generating large numbers of electronic signatures on online petitions. Then we will see a substantial change in the relationship between Members of this House and their constituents.

I have no problem with the idea that I should engage fully with my constituents and listen to them. In practice, we have moved subtly in that direction. Anybody who cares to remember, as I can, the debate in 2003 before the invasion of Iraq and the debate that took place last year on the intervention in Syria will recognise that last year more Members were responding in short order to substantial online representations, in larger numbers, from their constituents. In 2003, I got a very large number of letters, but they were actual letters, and overwhelmingly individual, not template, letters. A lot of Members felt burdened by the weight of opinion that was coming to them on the Syria vote.

Angus Brendan MacNeil Portrait Mr MacNeil
- Hansard - - - Excerpts

The right hon. Gentleman has used the phrase “representative democracy” on a number of occasions. If this is indeed a representative democracy, surely he has nothing to fear from a recall Bill. In fact, having this Bill in the voters’ locker as a big stick used lightly might ensure that it was a representative democracy as regards the two examples he has given—tuition fees, given the promises made by one of the coalition parties, and the Iraq war.

Lord Lansley Portrait Mr Lansley
- Hansard - -

It is not that Members have something to fear from participation in our democracy—far from it. I believe completely in the wisdom of the masses, but we have to recognise when and how that is properly to be tested in the formal sense. We are a representative democracy, and we increasingly change the character of our democracy anyway. The referendum is a participatory democratic vehicle. We have used it more, and it is likely to be with us for the future, but only in specific circumstances. That illustrates the nature of the constitutional question at the heart of the potential amendment to the Bill.

Shifting to a recall process is not about addressing the individual behaviour of Members—it is much more likely to be used to try to influence the policies of political parties, of Members of Parliament, or of the Government. It would relate to particular individual issues, unlike a general election. As other hon. Members have said very forcefully, a general election is a vital moment in a representative democracy, because people take the whole presentation of party and candidate and consider it in the round. The recall mechanism is designed to enable the public to intervene in and, notwithstanding what the decision in a general election might have been, to impact directly on an individual decision on an individual policy issue.

Lord Goldsmith of Richmond Park Portrait Zac Goldsmith
- Hansard - - - Excerpts

My right hon. Friend is describing Parliament as if it were made up of hundreds of free spirits whose decisions might be corrupted by the pressure brought about by recall, but surely he realises—in fact, I know that he knows this—that the pressure applied by party hierarchies through the Whips is on a dramatically different scale from the tiny pressure that might be felt as a consequence of this remote and unlikely threat of a three-line whip that constituents might find themselves holding from time to time. There is no comparison—surely my right hon. Friend understands that. Most Members do exactly what they are told by the Whips for 99.9%—sometimes 100%—of the time.

Lord Lansley Portrait Mr Lansley
- Hansard - -

I am quite old fashioned: Members would have to look quite far back to find a point at which I did not vote in accordance with the Whip. I think that the last time I defied the Whip was on the question of same-sex adoption rules.

I see part of my role as having been elected as a Conservative. A number of Members have said, perfectly reasonably, that we are primarily and overwhelmingly elected—the hon. Member for North Down (Lady Hermon) has accepted this—on a party rather than an individual basis. I do not see that as meaning that individual Members of Parliament should not have a conscience or be able to exercise their judgment, because they owe that to their constituents. They will have to come to a judgment on great matters of conscience that are relevant to their constituency. That was true on Iraq: I did not vote for the invasion, even though it was my party’s policy to do so. To suggest, however, that we should behave as individuals outside party discipline is nonsense, because the whole system will begin to break down if we go in that direction.

The point made by my hon. Friend the Member for Richmond Park was slightly the other way around. He said that we all behave in the way the Whips tell us, but this has been a more rebellious Parliament—for good or ill—than ever before. I am not sure whether that is a good basis for the argument in favour of recall, because Members clearly feel that they can respond to their conscience and their constituents without the need for a recall mechanism.

My hon. Friend the Member for Cities of London and Westminster (Mark Field) has suggested that if we took the Whips out of the process of deciding whether a Member should be suspended from this House—actually, I do not think that the Whips are part of that process— that would somehow relieve us of the impact of the Whips controlling our behaviour. The recall mechanism proposed as an alternative to this Bill, however, is a greater risk to Members. If a Member were subject to an allegation—a serious allegation, but not a criminal one—that threatened their reputation and position in the constituency, it is clear that they would then be subject to a notice of intent and at risk of a recall petition. The situation would develop rapidly and the question for their party would then be whether it supported them or not.

The hon. Member for Clacton (Douglas Carswell) mentioned Ian Gibson, who accused his party of abandoning him. The most dangerous thing for a Member is to be abandoned when they are at risk of having to stand in a by-election in their constituency. If the party takes the Whip away from a Member, they would, in effect, have no chance in a by-election—unless they were in a very strong position—and they would be undermined. The power of the Whips as to whether a Member has the Whip—and, therefore, their power over that Member’s position in an election—would be unchanged by this or any other recall Bill. The power of the Whips is often exaggerated, but in so far as it exists, it would be unchanged by the recall mechanisms, whatever they might be.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
- Hansard - - - Excerpts

This is also a constitutional issue. We make judgments on behalf of our constituents on issues that are not in our manifestos. We also carry out manifesto commitments, but we are not delegates. I think that is where people tend to get a little confused: there is a big difference between making a judgment on behalf of constituents and being mandated as an individual delegate to represent something.

--- Later in debate ---
Lord Lansley Portrait Mr Lansley
- Hansard - -

The hon. Gentleman is absolutely right. We are not delegates or ciphers; we are representatives. As Members have rightly said, we owe our constituents our judgment and our conscience and we are here to represent their interests, but we should not necessarily subordinate any of that to their opinions or, still less, to some calculation of what might be their opinions.

It is very difficult to know precisely what one’s constituents’ opinions are. For example, it was often asserted with great confidence that my constituents were against the legislation on same-sex marriage, but that was absolutely untrue. I knew that they were in favour of it. Even those who contacted me were generally in favour of it. I say this advisedly to Government Members, but some Members in the Chamber voted for it and felt that they were right to do so despite their constituents being against it. They could not have taken much comfort from the last Conservative manifesto, because the proposal was not in the manifesto as such, although it was referred to in other documents. Under the recall mechanism, in that sense they would be at risk. That brings us back to the argument made by proponents of the alternative recall mechanism, which is that it would never have come to that. In that case, we have to ask under what circumstances recall would get to such a point, and I mentioned some of those circumstances earlier.

To sum up, first, we are delivering on the promise we made; and, secondly, we are very clear that in past cases of wrongdoing Members—either somebody, a long time ago, who was given a prison sentence or, more commonly, a period of suspension from the House—would not necessarily, as my hon. Friend the Member for South Dorset (Richard Drax) put it, have done the honourable thing and resigned. Recently, such Members have done so, but, frankly, they were not required to do so.

To return to an earlier point, regulatory processes in the House for managing the conduct of Members should show that we are willing, able and have mechanisms in place so that, as we promised, somebody who commits serious wrongdoing will be subject to a process that may lead to their recall and expulsion from the House at a by-election. We have seen possibilities for doing that in the past, and we would stick to such a system in future.

Over the past couple of years or so, Ministers have tried to make the Bill as robust as possible, and we have not stopped doing so. However, there is a big gap between where we are now and a recall mechanism that is completely different constitutionally, because it would allow the public the opportunity—on individual decision-making and policy issues—to reach in to the Chamber of the House of Commons in the middle of a Parliament, and pull out a Member on the grounds that they had done something the public did not like between one general election and the next. That would undermine the general election as the critical moment for accountability, and it would undermine Members if it was abused, as inevitably most mechanisms can be abused. Constitutionally, it would take us in the direction of participatory or direct democracy, which is not the direction in which we in this Parliament want to go.

Notwithstanding the fact that many Members will vote for the Bill on the grounds of wanting to change it, I and I hope others will vote for it, although it is susceptible to amendment, because we in principle—the Second Reading is about the principle—support the Bill as it is.