I said a few moments ago that it had not been possible, in good faith, for the Government to recommend an amendment that the House could responsibly be invited to support. Since further amendments or developments of the Bill are a matter for the House I will ensure that advice and help is provided, but these matters must be considered and there is no guarantee
that a form can be found that avoids the practical difficulties. The hon. Gentleman’s more fundamental point is a matter for this House and the other place, and any amendments would return to this House to be determined.
Let me set out some of the challenges in the new clauses, although some have been expressed already. The definition of misconduct is based on the common law offence in England and Wales, but its test is not just the criminal offence. As drafted, it could capture behaviour that would not be a criminal offence, including in an MP’s private affairs, and it would be for the court to judge whether certain behaviour in a Member’s private life amounted to misconduct. The election court would have to apply the test of whether the MP had committed
“misconduct to such a degree as to amount to an abuse of the public’s trust”.
I understand and appreciate the aim of linking misconduct to an MP’s standing in the eyes of the public, but as drafted it is a rather subjective test. The House will want to take a view on the kinds of evidence and analysis that a court might draw on to judge whether the public at large felt there had been a betrayal of trust, including where no criminal offence was alleged to have been committed.