Recall of MPs Bill

Russell Brown Excerpts

Monday 27th October 2014 Commons Chamber

[Zac Goldsmith]

That is exactly the point: the barriers are high enough to prevent vexatious abuse. However, I recognise that concerns were expressed across the House during last Tuesday’s debate, and they fall broadly into four categories. Three are largely technical and can easily be accommodated. The first relates to cost controls, the second to thresholds, and the third to the frequency with which recall petitions can happen. I will deal with those quickly before coming to the more profound concern that was raised—

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

Will the hon. Gentleman give way?

[Zac Goldsmith]

If the hon. Gentleman does not mind, I will deal with these points first.

On the concern about costs, the Deputy Leader of the House, the right hon. Member for Carshalton and Wallington (Tom Brake), said that under the amendment there would be no cost controls at all on the first part of the recall process, the notice of intent. As he wrapped up Tuesday’s debate, he said that it would effectively be a free-for-all. I know he has read the amendments, so I am surprised he said that, because there are controls that mirror exactly those for the petition stage in the Government’s own Bill. Irrespective of that, it is perfectly possible to build in further controls—strict limits on expenditure and so on—and I have indicated to the Opposition and colleagues in my own party that if they table amendments on Report to bolster those cost controls, I would be very happy to support them.

The second issue, which relates to thresholds, is also technical. The principal concern involves the notice of intent to recall, the fear being that it would be too easy to secure 3,500 signatures—or 5%—in one month and that there would therefore be too many recall petitions.

[Mr Russell Brown]

Will the hon. Gentleman give way?

[Zac Goldsmith]

I will in just a moment. The notice of intent to recall is the least formal part of this process and exists for only one reason: to ensure that where a recall petition happens, there is a genuine demand for it, and not only among a small handful of local cranks. The threshold is about right, but I have said to the Opposition and party colleagues that if they seek to raise it on Report, I would be happy to support it in the interests of achieving meaningful reform.

The third concern relates to the fear that Members would face endless recall attempts, amounting almost to a form of harassment, an issue raised several times in last week’s debate. I see no need for a limit, as the experience of recall around the world shows that its use is extremely rare and that it is used only in extreme circumstances. In 100 years of recall in the United States, where there are virtually no financial controls or controls on broadcasters and so on, it has happened only 20 times. There have been 40 recall referendums—

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[Mr Russell Brown]

Will the hon. Gentleman give way?

[Zac Goldsmith]

When I have finished this point. Obviously, it would make no sense to limit the number of times a notice of intent to recall can be started because technically, that would enable one lonely crank in a constituency to exhaust those options for the rest of the constituents, with just a single signature. Logically, if there is to be a limit in this process, it would have to apply to the number of recall petitions themselves. I encourage the Government, the Opposition or any Member to bring forward a proposal on Report to set a limit on what would be possible.

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[Zac Goldsmith]

Yes, it does. In California, which has had more recalls than any other US state, there has been one successful recall of a governor, when Gray Davis was replaced by Governor Schwarzenegger. From 2011 to 2013, nine of the 120 elected representatives faced recall, but not one of those processes was successful.

[Mr Russell Brown]

rose—

[Zac Goldsmith]

I will move on from that point, but I am sure that the hon. Gentleman will have the opportunity to speak.

I have set out the technical points that were raised on Second Reading, and I hope that hon. Members realise that it would be relatively easy to deal with them on Report.

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[Zac Goldsmith]

I have seen my hon. Friend’s amendment and I understand why he and my right hon. Friend the Member for South East Cambridgeshire have tabled their amendments, both of which say more or less the same thing. However, as I said a few moments ago, this is the line in the sand for me. I think we can trust our voters. When the Division bell goes, Members will have to decide whether they believe we should trust people with this power. As Members make their decision, I hope they will properly consider whether the arguments they have heard against recall—vested interests, an over-mighty press and a fallible public—are in fact arguments against democracy itself.

[Mr Russell Brown]

On Second Reading, the hon. Gentleman said:

“I suspect that every politician, at one point or another, would find themselves the subject of the 5% recall petition stage.”—[Official Report, 21 October 2014; Vol. 586, c. 793.]

That is how the process would begin, but the hon. Gentleman needs to differentiate between misconduct and wrongdoing and policy. As the hon. Member for Gainsborough (Sir Edward Leigh) has said, a process based on political party policy should not be allowed to begin.