Roger Gale
Main Page: Roger Gale (Conservative - Herne Bay and Sandwich)Department Debates - View all Roger Gale's debates with the Department for Education
Recall of MPs Bill
Roger Gale Excerpts(10 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Jones
On a point of order, Sir Roger. I think that the purpose of a Committee is for the Minister to answer questions about what he is saying to it. When people ask the Minister questions, a lot of the time he clearly does not have a clue what he is talking about. He should accept interventions on these technical points—they are not general political points.
The Temporary Chair (Sir Roger Gale)
The hon. Gentleman has been in the House long enough to know that the Member who has the Floor determines whether he gives way on any particular point.
Mr Gyimah
Thank you, Sir Roger. I think I have been quite generous in allowing interventions in the spirit of allowing members of the Committee to contribute as much as possible to the Bill. As the Minister of State, Cabinet Office, my right hon. Friend the Member for Tunbridge Wells (Greg Clark) said on Second Reading, we have been generous not only in accepting interventions but in accepting excellent ideas such as that just proposed by the hon. Member for Somerton and Frome (Mr Heath).
The hon. Member for Caerphilly asked about translation into the Welsh language. Clause 21(5) applies section 26 of the Welsh Language Act 1993 to regulations made under the Bill, and this would give a power for the appropriate Minister to provide a form of words in Welsh. I hope that that deals with his point.
The hon. Member for Dunfermline and West Fife asked whether there would be a marked register. Yes, there would. We are considering whether it would be a public marked register, because in this case, unlike in an election, where we can have a register but be unable to tell which way people voted, people will declare by way of a marked register their intention on whether they want to get rid of an MP.
The Temporary Chair (Sir Roger Gale)
Order. If the hon. Gentleman wishes to make a point of order, I will take it, but he knows that once the winding-up speech has been completed no other member will be called. If he wishes to refer to his amendment, I will come to it at the appropriate time, which is not now.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Schedule 1 agreed to.
The Temporary Chair
We now come to amendment 38, which has not been moved, so it is a question of whether any hon. Member who is a signatory to the amendment wishes to move it. You cannot withdraw it, because it has not been moved.
The Temporary Chair
Let me explain, for the benefit of the whole Committee, that only the lead measure, which in this case was clause 6 stand part, is moved. Other amendments and clauses are moved in the order that they are reached, so technically amendment 38 has not been moved, although the hon. Gentleman has spoken to it.
The Temporary Chair
No.
Clause 7
Where and from when the recall petition may be signed
Amendment proposed: 38, page 5, line 27, leave out “maximum” and insert “minimum”—(Jacob Rees-Mogg.)
This amendment changes the number of designated places for the signing of a recall petition from a maximum of four to a minimum of four.
Question put, That the amendment be made.
Question negatived.
Clause 7 ordered to stand part of the Bill.
Clauses 8 to 10 ordered to stand part of the Bill.
Schedule 2 agreed to.
Clauses 11 to 13 ordered to stand part of the Bill.
Clause 14
Determination of whether recall petition successful
Question proposed, That the clause stand part of the Bill.
The Temporary Chair (Sir Roger Gale)
With this it will be convenient to discuss clause 15 stand part.
The Parliamentary Secretary, Office of the Leader of the House of Commons (Tom Brake)
Clauses 14 and 15 set out the actions that must be taken to determine whether a petition is successful, and the consequences of a successful petition.
Clause 14 sets out the mechanism for determining whether the recall petition was successful and the subsequent actions that the petition officer must undertake. At the end of the eight-week signing period, the petition officer must determine whether the petition was successful, notify the Speaker of the outcome and issue a public notice of the outcome in the form and manner to be set out in regulations.
The petition is deemed successful if the number of persons who validly sign it is at least 10% of the number of eligible registered electors—that is, the number of persons who are registered in the register of parliamentary electors for the constituency on the last day of the signing period, including those who made an application to register on or before the day of the Speaker’s notice and who were added to the register before the cut-off day. That means that at least 10% of those eligible to sign must have done so for a petition to be successful. Electors who are under the age of 18 at the end of the signing period will be excluded from that figure, as will additions to or removals from the register that take effect after the cut-off day, unless the addition or removal was made as a result of a court order or to correct an error.
Clause 14 provides that a recall petition is validly signed if it is signed by a person during the signing period who is entitled to sign under clause 10; if the person has not previously signed the petition and meets any conditions set out in regulations that are applicable; and if their entry in the register of parliamentary electors has not been removed after they signed the petition, as a result of a court order or discovery of incorrect information. Finally, clause 14 specifies that the Speaker must lay before the House of Commons any notice received from the petition officer on the outcome of the petition.
Clause 15 provides that if a recall petition is successful, the MP’s seat becomes vacant when the petition officer notifies the Speaker of the petition’s outcome. However, this provision does not apply if, before the petition officer notifies the Speaker of the outcome, the MP’s seat is already vacated as result of the MP’s disqualification or death, or for any other reason. Additionally, regulations may be made under clause 18 that set out the circumstances in which the validity of a petition may be questioned. Clause 15(3) ensures that the process by which an MP’s seat becomes vacant is subject to those regulations.
Clauses 14 and 15 will ensure that proper actions are taken to determine the result of a petition and give notice of the outcome. They will ensure that a vacancy arises when at least 10% of an MP’s constituents have signed a petition for their removal and that, by extension, a by-election will happen. I therefore commend the clauses to the Committee.
The Temporary Chair (Sir Roger Gale)
Under the circumstances, the only thing that I can do is to call the hon. Lady.
Lady Hermon
The Bill is so important that I think I would like to speak.
Voting in this country is a serious matter. We have the great distinction of being a democracy that is admired around the world. Men died in their thousands in the trenches during a world war that began 100 years ago. When we have a general election and voters come out in whatever numbers—we wish that they came out in greater numbers—and go to the trouble of casting their votes between set hours, which are generally 7 am and 10 pm, they have taken the matter seriously and have voted for an MP. Some MPs belong to political parties and some, like myself, stand as independents. Independent MPs do not have a party to pay for recall expenses or support them through a recall petition. It therefore behoves us to think about the legislation that we are passing.
Given that Bill will apply throughout the United Kingdom, we must think about the differences in Northern Ireland. I think that valuable lessons could be learned from the experiences of voter registration and identification in Northern Ireland. We have been very successful in defeating vote stealing as a major criminal offence. Those valuable lessons could be extended to the rest of the United Kingdom.
The Deputy Leader of the House rattled through clauses 14 and 15, which have been beautifully drafted by wonderful and skilled parliamentary assistants. What worries me is that we accepted in the previous group of proposals that there will be only four designated places where a recall petition can physically be signed, no matter whether it is in the islands and highlands of Scotland, the far reaches of Fermanagh and Tyrone, with their lovely spires, or the constituency of Strangford—if the hon. Member for Strangford (Jim Shannon) was here, he would be able to speak for his constituency—which is a large and disparate geographical area. We have agreed that there will be four designated places and that there will be eight weeks. We have skimmed through the issue of the signatures on the petitions. In Northern Ireland, we have strict regulations for voting in elections to ensure that there is no voter fraud.
I was disappointed to hear the Parliamentary Secretary, Cabinet Office, the hon. Member for East Surrey (Mr Gyimah) dismiss the opportunity to think about improving the Bill. This is an important Bill under which an MP could face recall after only 10% of the electorate have voted for it. That is a very low threshold. If we are not careful in looking at the clauses this evening, instead of the Speaker being given a notice of a petition, a number of MPs will be going to their solicitors and calling into question the validity of recall petitions on the grounds of forged signatures and illegal proxy votes, because the Bill before us tonight is riddled with loopholes. It is no good for the Minister to say, “Oh, well. We will test the Bill when it gets on the statute book.” That will be a bit late in the day to test the legislation. We cannot leave it that late. We have an opportunity to amend it and improve it.
I would like the Deputy Leader of the House to address the following question. Given the importance of a recall to a Member who has just been elected in a general election, what will happen when an independent Member such as me is subject to a recall petition? I have no party to support me or to pay for me to fight off a recall petition. However, I would not hesitate in going to a lawyer, many of whom I taught in a previous incarnation. I am very proud to have taught in the law faculty of Queen’s university. Will the Minister clarify what will happen when an MP who has just been told that they have lost their seat through a recall petition looks to see who has signed it and finds that the signatures are not valid? What will happen in the intervening period? I would like him to address that when he closes the debate.
Tom Brake
I thank my hon. Friend for that further contribution. There may come a point where a Member of Parliament has been recalled, stood in a by-election and lost, but subsequently something is proved to have been flawed in the recall process. That is a possibility, and it is unfortunately difficult to see how the Government could come forward with something that would address that. There may be other circumstances that I have not thought of that it might be appropriate for us to consider, and I will certainly look at whether the Government need to take into account other aspects of this issue.
I am grateful to hon. Members for their views on these clauses, and some important points have been raised, particularly on IPSA. I believe that the clauses are necessary to ensure that a proper and consistent process is followed at the conclusion of a recall petition, and to establish that an MP will lose their seat if a petition is successful. I therefore believe that the clauses should remain part of the Bill in their current form, and I again commend them to the House.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15 ordered to stand part of the Bill.
Clause 16
Expenses, donations and reporting
Question proposed, That the clause stand part of the Bill.
The Temporary Chair (Sir Roger Gale)
With this it will be convenient to discuss the following:
That schedule 3 be the Third schedule to the Bill.
That schedule 4 be the Fourth schedule to the Bill.
That schedule 5 be the Fifth schedule to the Bill.
Clause 17 stand part.
Lady Hermon
It is very kind of you, Sir Roger, to call me to speak when I have not indicated that I wish to do so. I moved on the Bench to indicate to the Minister that I was most displeased with the response to my earlier intervention. I feel that I need to—[Interruption.] I am absolutely delighted to be called. It is awfully kind of you to call me, Sir Roger. I was not scolding you—I am really pleased.