Recall of MPs Bill

Nick de Bois Excerpts

Tuesday 21st October 2014 Commons Chamber

[Mr Stewart Jackson (Peterborough) (Con)]

Let me declare an interest at the outset, as an adjunct associate professor of British politics at Richmond university. If my comments are somewhat ponderous, that will probably be the reason.

On 17 October 1834, crowds gathered on the south bank of the Thames to cheer on the conflagration that consumed the Palace of Westminster. They were cheering at the prospect of several MPs dying in the hideous blaze that had begun when the tally sticks were burnt in the oven below the House of Lords as a result of the less than diligent way in which the men were performing their duties. They had gone off to dinner, and to the pub. The point is that there have never been any halcyon days in which Members of Parliament enjoyed great popularity. They have never lived in the land of milk and honey, and to suggest otherwise would be quite wrong.

My concern about the Bill and the amendments being put forward by my hon. Friend the Member for Richmond Park (Zac Goldsmith) is that they are predicated on myths. As my right hon. Friends the Members for South Cambridgeshire (Mr Lansley) and for North West Hampshire (Sir George Young) have said, the merit of the Government’s proposals is that they make a clear distinction between malfeasance, criminal conduct and misbehaviour and they address the legitimate concerns that have been expressed about scapegoating people with deeply unpopular or unfashionable views. Examples could include Willie Hamilton, an ardent republican, or Sydney Silverman, with his long-standing commitment to the abolition of capital punishment, or Leo Abse, who was in favour of homosexual law reform. They were all decent, honourable Members of this House, but they might have fallen foul of a recall process instigated by powerful vested interests in their constituencies and across the country.

Many myths have been flying around, one of which is that turnout has been falling. It has not. Over the past two general elections, it has gone up to 65% from the low point of 59% in 2001. I was corrected by the hon. Member for Rhondda (Chris Bryant) when I mentioned Garry Allingham, an obscure Labour MP who was, I think, a journalist for the Daily Mirror. He was as obscure then as he is now. He was expelled from the House of Commons in 1947 for saying that MPs were unable to vote properly because they were drunk. He was called to the Bar of the House and expelled. So disciplinary procedures were in place then, and a precedent was set, but not on the basis of criminal activity. The bar was set much lower, and he was expelled on the ground that he had upset the sensibilities of hon. Members on both sides of the House.

I have grave concerns about the efficacy of introducing primary legislation at the end of this Parliament, because to do so fails to take on board the fact that there has been a significant amount of incremental reform, both administrative and legislative, in this Parliament. For example, we now elect the Chairmen of Select Committees and, from within party caucuses, Select Committee members. The power of the Whips is now much less acute than it was even five years ago. And of course we elect the Speaker.

The idea put forward by my hon. Friend the Member for Richmond Park that 100% of MPs vote 100% of the time is palpable nonsense. I am a walking, talking example of that fact, and the reason I behave in that way is that I was never consulted over the coalition agreement. I was elected as a Member of Parliament on the basis of the Conservative manifesto. When my principles coincide with those expressed in the coalition agreement, I will vote with the Government; otherwise, I will not. We now have something akin to a Regency Parliament, in that we have collections of different interests, and Members voting as they see fit. The idea that we are all ciphers and automata who toe the party line is complete nonsense. We have also made reforms to the Standards and Privileges Committee.

I believe that this legislation would undermine parliamentary sovereignty. It would undermine the sacred bond of faith and trust that exists at election time between Members of Parliament and their electors, and it is nonsense to suggest that that would not be a problem. I simply think that we are looking through the wrong end of the telescope. The reason that people feel disempowered and alienated from politics is that they do not feel that politics matters to their lives, because decisions are taken by supranational bodies such as the European Union, by obscure far-away bodies including quangos such as the Highways Agency and the Environment Agency, and by big local government, which is seen as a self-perpetuating elitist cartel. That is the reason; it is not because they think all MPs are liars, cheats and thieves, although a lot of them do. Actually, that is not even as simple as one might think, because they think everyone else’s MP is a liar and a cheat and a thief, but theirs is a charming young man who came and opened their summer fete last year, and who is trustworthy, decent and a great person.

[Nick de Bois]

Not that young.

[Mr Jackson]

Yes, not that young in some cases.

I also take issue with the comments of the hon. Member for Rhondda—who is not in his place at the moment but who is a gifted historian whose book on the history of Parliament I have read—that a party caucus chooses a Member of Parliament, not the electorate. That is a very arrogant and disdainful attitude. An election is like a jigsaw puzzle, and every single piece is a part of that puzzle, and when it all comes together that is the beauty of democracy. That is not for party caucuses.

Bad’uns have always existed in politics, whether it is Sir Charles Dilke, Horatio Bottomley or many other Members of Parliament. Bad’uns get elected as well as get thrown out. We only have to think of someone such as Oswald Mosley in the 1930s. Essentially, I believe in the wisdom of crowds. I believe in the sanctity of that bond between the electors at the general election. That is the recall process: an election where there is perfect competition and perfect knowledge by the voters to understand the record, vision, policies and principles of a prospective Member of Parliament.

--- Later in debate ---

[Mr Jackson]

My hon. Friend makes a very good point, but I come back to a central issue that was touched on by my hon. Friend the Member for South Dorset (Richard Drax) about the split between the Executive and the legislature. I believe one of the lessons of the expenses disaster was the failure of the Executive properly to embrace the Freedom of Information Act, openness and transparency at an early stage across all parties, and what we see here is the sins of the Executive being visited on the legislature and Back Benchers.

The concept of the Executive facing up to their own responsibility is long past, with Peter Carrington’s resignation as a result of the Falklands invasion and, for those who can remember their constitutional history, Crichel Down in 1954, when the Minister of Agriculture, who I believe was Sir Thomas Dugdale, resigned as a result of a piece of land, the sale of which was mishandled by his Department. Ministerial responsibility for the Executive is much less in fashion than it ever used to be. What we are being asked to do today, particularly with the amendments of my hon. Friend the Member for Richmond Park (Zac Goldsmith), is take to the nth degree the accountability of the individual Back Bencher, and therefore I do think there is an asymmetrical approach. The merit of the Government’s Bill is that at least it adequately formalises the sanctions around criminal misbehaviour and malfeasance, taking into account the reforms, openness and transparency that have been in place since the expenses crisis.

[Nick de Bois]

Is my hon. Friend not highlighting the case for the amendments of my hon. Friend the Member for Richmond Park (Zac Goldsmith)? He referred to Ministers being accountable for their actions in the past. The amendments introduce accountability to the people, whereas the Bill talks about accountability to the Houses of Parliament.

[Mr Jackson]

Again, I have enormous respect for my hon. Friend, but my big concern about the amendments is mission creep. My right hon. Friend the Member for South Cambridgeshire (Mr Lansley) made the point that it seems peculiar to establish in legislation, by the incorporation of those amendments, a system that we expressly do not want to be enacted. It is like saying, “We are just putting it in place just in case circumstances arise where we have to use”—