Recall of MPs Bill

Debate between Richard Fuller and Julian Huppert

Monday 24th November 2014 Commons Chamber

[Dr Huppert]

May I apologise to the House for the absence of my hon. Friend the Member for Somerton and Frome (Mr Heath)—not yet a right hon. Member, despite the praise that was heaped on him in Committee—who is currently acting as our trade envoy in Africa and is unable to be here? My apology is that Members will have to put up with me arguing the case, rather than him.

This is an important Bill. It delivers on the manifesto commitments of most of the parties in this House in some way or another. It means that it will be possible for MPs who are sent to prison to be recalled, no matter how long they are in prison, and that MPs who are suspended by this House for long enough may also be subject to recall.

However, the Bill has rightly been criticised for allowing MPs to mark their own homework, as it were. Unless there is a jail sentence—a threshold that was not mentioned in the manifesto commitments of any party in this House—it is ultimately us who will have to decide whether someone has behaved so badly that they should be subject to recall.

The hon. Member for Richmond Park (Zac Goldsmith) —it is good to see him in his place—proposed one solution to that problem in Committee, but many of us felt that it would have caused more problems than it solved. There was a concern that it might lead to trivial or vexatious complaints, or complaints based on political or policy differences, rather than complaints about genuine misconduct. There was extensive debate about that in Committee.

My hon. Friend the Member for Somerton and Frome and I proposed another route, by which a court would assess whether there were grounds reasonably to believe that an MP could have committed a common law offence of misconduct in public office. If there were, that would lead to the same recall process as the Government have described for those who are suspended or sentenced to jail. That amendment was tricky to write. We were clear in Committee that there were technical challenges in writing it. We therefore did not press it to a vote at that time.

We were encouraged by the cross-party support for our proposal. For example, the Opposition spokesman, the hon. Member for Liverpool, West Derby (Stephen Twigg), said that he was drawn to our ideas and that:

“In principle, giving the power to the people to bring a case against their MP before the election court is a good idea.”—[Official Report, 27 October 2014; Vol. 587, c. 134.]

The hon. Member for Dunfermline and West Fife (Thomas Docherty) said that our proposals

“have appeal because they enable a public trigger that is still based around wrongdoing.”—[Official Report, 27 October 2014; Vol. 587, c. 77.]

It is good to see both Opposition spokesmen here.

We also had support from the Government. The Minister of State, Cabinet Office, the right hon. Member for Tunbridge Wells (Greg Clark), said that he had

“a great deal of sympathy with the thinking behind the amendments”. —[Official Report, 27 October 2014; Vol. 587, c. 98.]

The Parliamentary Secretary, Cabinet Office, the hon. Member for East Surrey (Mr Gyimah), praised it as an “interesting idea” that should be returned to on Report. That is what we are doing now.

I had hoped that the Government would take over the work of doing the drafting and that we would now be looking at Government amendments that had all the benefit of parliamentary counsel’s detailed advice. Sadly, that is not the case. Indeed, it is striking that not a single Government amendment has been tabled for debate today—not even those of a technical nature to fix the errors that were highlighted in Committee.

[Richard Fuller (Bedford) (Con)]

My hon. Friend has managed to shower his proposal with praise from a number of people. May I demur from that and ask, at this time when the public rightly have a lot of frustration with the establishment—be it the political elite or other elites—what is the benefit of including the judicial elite in determining issues that should rightfully belong to the people?

[Dr Huppert]

I am wary of straying into the debate we had in Committee because there was a huge amount of discussion about that and the House reached a decision. It is about finding a balance and ensuring that we avoid trivial or vexatious cases, while capturing the power for the public. The other deficiency in the proposals by the hon. Member for Richmond Park was that it was a complex, multi-stage process—possibly too complex to be workable. I respect his views and those of many Members who supported him, but that amendment was defeated by the House and we are trying an alternative approach.

Anti-social Behaviour, Crime and Policing Bill

Debate between Richard Fuller and Julian Huppert

Tuesday 4th February 2014 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

There is a huge range of issues to cover in this group of amendments. I will not even try to touch on them all, but will talk about a few that I am particularly concerned about and have raised on a number of occasions.

This Bill started with pre-legislative scrutiny. It is telling, to me at least, that quite a number of the amendments made in the other place were originally recommended during pre-legislative scrutiny. Perhaps if the Government looked at pre-legislative scrutiny earlier, we might get there somewhat faster. With that in mind, I particularly welcome the changes to the injunction to prevent nuisance and annoyance, or IPNA—the issue that has received perhaps the most attention—in Lords amendments 1 to 5. This is a welcome change, and I pay great tribute to my hon. Friend the Minister for his work in getting us to this place.

During the pre-legislative scrutiny, the Home Affairs Select Committee said there was a risk that the provisions could be interpreted as being too broad. The Minister has quite rightly described why some of the stories that were going round—for example, about how carol singing would be prevented—were simply not true but were good debating points. We made it clear that we had real concerns with the provisions as they stood. I am pleased that, as a result of the changes in the other place, we now have something that is much more proportionate. We have moved away from causing nuisance and annoyance in the general sense to something more serious. That is definitely right, because all of us are quite capable, I am sure, of causing nuisance or annoyance to people on various occasions.

[Richard Fuller (Bedford) (Con)]

Some more than others.

[Dr Huppert]

I hope my hon. Friend would join me in being in the annoying category.

[Richard Fuller]

It would be a club of one.

Terrorism Prevention and Investigation Measures

Debate between Richard Fuller and Julian Huppert

Tuesday 21st January 2014 Commons Chamber

[Dr Huppert]

The hon. Gentleman can have a look at the report of the debate in which I described the method that I should prefer, which is far more focused on prosecution, and note the amendments that I tabled.

The system that was set up by the last Government involved secret evidence. People did not know what their orders were based on. There was a huge range of punishments, including long curfews—virtual house arrests—and there was this awful internal relocation. People were not even allowed to be in their own homes. All that could continue for an indefinite period. To me, internal exile without trial does not sound like what I would expect this country to be doing; it sounds like the way in which the Soviet Union would behave. In the review that he carried out for the Government, Lord Macdonald said of relocation:

“This is a form of internal exile, which is utterly inimical to traditional British norms…It is disproportionate and there is no justification for its retention.”

That view was expressed on the basis of a detailed study.

[Richard Fuller]

Is it not also the case that whenever that regime is in place, the Government of the day—acting as judge and jury in the case of people who have never been brought to trial—will see the Opposition trample over our civil liberties in order to look tougher than the Home Secretary, and try to scare people about what may happen with no evidence that it will happen at all?