UK Parliament / Open data

Recall of MPs Bill

Proceeding contribution from David Davis (Conservative) in the House of Commons on Tuesday, 21 October 2014. It occurred during Debate on bills on Recall of MPs Bill.

I think that 10 years ago I would have opposed the Bill, because I would have taken the conventional view that has been expressed by one or two Government Members today. The last decade, however, has led me to believe that the chasm that has grown between the political classes and the ordinary voters—the population of the country—has become too wide. Some of that has, of course, been due to the expenses crisis, but it is by no means either the only or the first reason. As my hon. Friend the Member for Richmond Park (Zac Goldsmith) pointed out, the current trend has been ongoing for a long time, but I believe that it is now approaching a crisis point.

I have therefore concluded that a recall Bill is necessary, and, like the hon. Member for Clacton (Douglas Carswell), I shall vote for this Bill, although I must add that I do not view it as a recall Bill. If anything, it is a parliamentary expulsion Bill, because it makes it easy for the establishment of the House to expel someone from the House. Let us imagine the circumstances. A Member is found wanting by his peers in the Standards and Privileges Committee—no doubt amid a vast hue and cry from a number of tabloid and red-top newspapers—and his constituents are then told “If 10% of you vote in the referendum, this man will go.” No matter that 90% of them might want him to stay; in those torrid circumstances, only 10% need to vote, and he will be expelled. I do not think that anyone who was criticised and set up in that way would survive the process, or would be reselected by his party thereafter. He might stand on his own account like Dick Taverne, like the hon. Member for Clacton, or indeed like me, but he would not survive the normal political process. This is, as I have said, a mechanism for political expulsion.

I might find that tolerable if our mechanisms in the House met any sort of judicial test, but, having been here for some 25 years, I suggest Members conduct an experiment. I say this with no ill reflection on the people who serve on and chair the Standards and Privileges Committee. I suggest that Members make a list of the names of all who have been ruled against by the Committee, separate them into two columns consisting of Front Benchers and Back Benchers—I do not suggest that the two columns should consist of those who are within the gilded circle and those who are the mavericks—and compare the treatments of people who have committed the same crime. They will then find two classes of justice. We do not deliver justice in this House; we deliver an opinion of the establishment of the House, and that is why the public are not wrong to view our systems as intolerable.

Let me give one example. I shall not give the examples of those who have been let off, because that might be mean in the circumstances, but I will give an example of someone who, in my view, was very badly treated. It was

someone who was no friend of mine and, indeed, no friend of almost anyone in the House: Ken Livingstone. About a decade ago, he received income from a series of speaking engagements. He went to the Registrar of Members’ Financial Interests and asked how he should declare that income, and he then declared it in the way the Registrar recommended. Later, someone found out how much money he had made. I think that it was more than £100,000, but in any case it was a lot of money. He was then suddenly hauled before the Standards and Privileges Committee, and forced to make an apology here in the Chamber. Why? He was an outsider. He was a maverick. He had no friends in the House, or at least no friends in the parties in the House. His was not the only case of that kind—I could have picked a number of others—but that was not justice, it was not democracy, and it would not improve this House to formalise such a process by means of the mechanism with which the Minister has presented us today.

Such a system could be made to work only if we replaced the standards and privileges process with a judicial process. I do not think that the House really wants to introduce the law into its mechanisms, but if it wants to adopt a test it will have to be a judicial test. I suspect that, if I were ever in front of the Standards and Privileges Committee, I would be looking for a judicial remedy immediately. So this is not a recall Bill as it stands; it is a parliamentary expulsion Bill, and we should understand that.

I support the proposals made by my hon. Friend the Member for Richmond Park (Zac Goldsmith), who has been a principled campaigner for these reforms for some time. I shall not take up much more of the House’s time, but I want to remind hon. Members of the differences involved. The Government’s proposal would take either a criminal mechanism or the House’s judgment and turn it into a one-off, 10% referendum. Then it would be over. My hon. Friend’s proposal would have a 5% first threshold to start the process. That would trigger the timetable, and a 20% threshold would follow. In my constituency, that would equate to just short of 15,000 voters. I have never seen a campaign in my constituency get 15,000 voters to go out voluntarily and put their name on a petition.

Type
Proceeding contribution
Reference
586 cc809-810 
Session
2014-15
Chamber / Committee
House of Commons chamber
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