I support the principle of the Bill: to enable the recall of MPs between general elections if they are considered to have conducted themselves in a grossly unacceptable or inappropriate manner that has led either to a custodial sentence or a suspension from the House of Commons for a period of at least 21 sitting days. Sentences of more than 12 months already lead to automatic disqualification under section 1 of the Representation of the People Act 1981. A third trigger has been proposed, in new clause 2, for a petition signed by 500 people to present allegations of improper behaviour. Presumably, this would not relate to illegal conduct, which would have already led to arrest and charge. I urge caution, because I think this opens up a whole debate on the interpretation of the word “improper”, which will mean different things to different people. An MP’s prolonged absence from the House of Commons without good reason would not be a criminal offence, but it would leave constituents effectively unrepresented and might justify a recall petition on the grounds of wholly improper conduct.
I did not support proposals in Committee for recall by 5% of the electorate for any reason. I predict that “any reason” could comprise such a wide spectrum as to invite frivolous petitions and could include, for example, disapproval of an MP’s political or religious views on controversial subjects such as: a Member’s
sexual orientation, entering a same-sex marriage, capital punishment, euthanasia, abortion, smoking, hunting, alcohol, drugs, gambling and local planning matters. We could all think of any number of reasons that would give rise to frequent vexatious recall attempts of MPs with views that are unpopular with certain sections of their electorate. Recall could be generated easily by well-funded pressure groups or individuals, with all the associated costs to the taxpayer.
I am also concerned that 500 constituents would form a very small percentage of the electorate. In a constituency of 85,000, 500 would be way below 1%. I have not done the exact calculation, but it would be somewhere between 0.5% and 1%. I am sure somebody is scribbling away already to give me the exact figure. That threshold is far too low, and for that reason I will not support new clause 2, new clause 5 or the related amendment 34. Every Member of this House will know that an accusation against one of our number reflects on each and every one of us, and on Parliament as a whole. The blame falls collectively and the media rejoice in referring to MPs as though all 650 of us are guilty of something of which one or a very small number stand accused. We need to guard against a “guilty until proven innocent” culture, where an MP may be destroyed reputationally and financially, and then, when cleared, finds that the damage is irreparable.
New clause 4 proposes an MP’s pledge. This has some merit, although I have always assumed that its contents were implied when an MP is sworn into this House. The pledge would reinforce that, although I do not take comfort, as the hon. Member for Foyle (Mark Durkan) does, that its contents would reassure the general public or help to deter vexatious accusations.
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I wish to relate my comments to the work of the Committee on Standards in Public Life. For anyone unfamiliar with this body, it does exactly what it says on the tin: it looks into matters relating to standards in public services and to public servants, including, of course, MPs. Its membership comprises one person from each of the three main political parties: Labour is represented by the right hon. Member for Derby South (Margaret Beckett), the Liberal Democrats by Lord Alderdice and the Conservatives by me. The other members do not declare their political affinity, and our deliberations are apolitical. Our investigations include wide research, public and professional consultation and seminars that interested parties may attend and to which they may contribute their views and proposals. It then analyses its findings and publishes a report. The common thread running through all the responses to our recent investigation into strengthening transparency around lobbying was the expectation of transparency. The slightest whiff of secrecy, deals done behind closed doors, collusion or corruption causes great concern.
The Chairman of the Committee, Lord Bew, has written about the importance of public perception and the complex ethical scenarios and possible conflicts of interest that need to be explored at the outset of an individual’s public service to avoid impropriety of any sort. To this end, the Committee recommended the establishment of an induction course for newly elected MPs to make them aware of the duties, responsibilities
and expectations attached to the role of the MP in Parliament, in their constituency and in their personal conduct.
New Members are being attracted from an increasingly wide range of professional experience, which has been hugely beneficial to Parliament, because they bring with them additional areas of knowledge, expertise and experience, but coming to this place from a different professional environment can be a culture shock. Our procedures are complex and newly elected MPs need to know what is appropriate and acceptable, and—more importantly—what is not. The proposal for an induction course has received encouraging first reactions, and I hope that the parliamentary Committee on Standards will consider the recommendations in our lobbying report when forming its proposals for changes to the code of conduct and guide to the rules as part of the long-term review of the Common’s standards system.