I am grateful to the hon. Gentleman for that clarification. It changes nothing at all. I am reassured by the point he makes, but all this does is create a different dynamic—a different impetus for the committee of parliamentarians. They will simply pass different judgments accordingly.
The main Lib Dem amendment, new clause 2, introduces a new trigger—misconduct in public office. It sounds great and some people might be reassured by it, but it adds nothing material to the Bill. I have looked into the matter and sought advice. I quote some of the advice that has been issued. The Crown Prosecution Service says that this should apply
“only where … the facts are so serious that the court’s sentencing powers would otherwise be inadequate”.
The House of Commons Library says:
“There are few prosecutions, suggesting that action is taken only when misconduct is particularly gross.”
The courts have said:
“The threshold is a high one requiring conduct so far below acceptable standards as to amount to an abuse of the public’s trust in the office holder. A mistake, even a serious one, will not suffice.”
If we are honest about it, the only reason why this amendment has been tabled is so that the mainstream parties can pretend that they have addressed one of the main concerns with the Bill, which is that it leaves MPs in charge.
4.30 pm