UK Parliament / Open data

Recall of MPs Bill

Lords committee stage first day. Clause 1 under consideration. (Part 1 of 2.)
Type
Parliamentary proceeding
Reference
758 cc794-844 
Session
2014-15
Department
Cabinet Office
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Recall of MPs Bill 2014-15. Brought from the Commons.
Tuesday, 25 November 2014
Bills
House of Lords
Recall of MPs Bill
Wednesday, 14 January 2015
Parliamentary proceedings
House of Lords
Proceeding contributions
Lord Gardiner of Kimble | 758 c794 (Link to this contribution)

Moved by

Lord Gardiner of Kimble

1: Clause 1, page 1, line 4, leave out “or second” a...

Lord Gardiner of Kimble | 758 c794 (Link to this contribution)

My Lords, I speak to Amendments 1, 11, 14, 17 to 19, 21 to 24, 34, 52 and 53. A number of amendme...


Show all contributions (138)
Lord Grocott | 758 c795 (Link to this contribution)

My Lords, I wonder if the Minister could help. I know that these are consequential amendments rel...

Lord Foulkes of Cumnock | 758 cc795-6 (Link to this contribution)

My Lords, I want to say a few words on this issue and this amendment seems an appropriate point a...

Lord Foulkes of Cumnock | 758 cc796-7 (Link to this contribution)

Thank you. I knew that someone younger than me, with a keener brain, would remember his name. Eld...

Lord Wallace of Saltaire | 758 c797 (Link to this contribution)

My Lords, I know that the noble Lord disapproves of constant interruptions of speeches in this Ho...

Lord Foulkes of Cumnock | 758 c797 (Link to this contribution)

I have been rumbled. But in fact I did start off—I have a note of it, unusually for me—by saying,...

Lord Cormack | 758 cc797-8 (Link to this contribution)

My Lords, not for the first time, I find myself in great sympathy with my noble friend Lord Foulk...

Lord Tyler | 758 c798 (Link to this contribution)

Would my noble friend indicate to the Committee where in the Bill, let alone in the amendments be...

Lord Cormack | 758 c798 (Link to this contribution)

I do not think so, with great respect to my noble friend, because I talked about the Bill—as did ...

Baroness Taylor of Bolton | 758 c799 (Link to this contribution)

My Lords, I rise to say a word, perhaps surprisingly, about the amendment, and about the third tr...

Lord Finkelstein | 758 cc799-800 (Link to this contribution)

I rise, noble Lords, as a friend of the Bill. I am sorry that I was not able to speak in the Seco...

Lord Foulkes of Cumnock | 758 c800 (Link to this contribution)

Perhaps I did not explain myself properly. I was not saying that I would like to add triggers, be...

Lord Finkelstein | 758 c800 (Link to this contribution)

It would be up to the noble Lord to propose amendments on those, but we are discussing this amend...

Lord Davies of Stamford | 758 cc800-1 (Link to this contribution)

My Lords, this is a Bill which in my view we cannot change. The House of Commons must be sovereig...

Baroness Taylor of Bolton | 758 c801 (Link to this contribution)

I think that my noble friend will find that a Labour MP from Liverpool was actually sentenced for...

Lord Rogan | 758 c801 (Link to this contribution)

The noble Lord, Lord Maginnis, served time in prison in Belfast for a political rather than a cri...

Lord Finkelstein | 758 c801 (Link to this contribution)

Is it the noble Lord’s judgment in those cases that recall would have been successful?

Lord Davies of Stamford | 758 c801 (Link to this contribution)

I do not think that recall would have been successful in the case of the Irish patriots I have re...

Lord Finkelstein | 758 c801 (Link to this contribution)

In one sense they are common criminals, and that would be the point of sending them to jail. The ...

Lord Davies of Stamford | 758 cc801-2 (Link to this contribution)

I am saying two things, and I hope that the noble Lord will listen carefully. First, I do not bel...

Lord Cormack | 758 c802 (Link to this contribution)

On this issue I entirely agree with the noble Lord. As one who was instrumental in persuading the...

Lord Davies of Stamford | 758 c802 (Link to this contribution)

All of us are tempted to welcome converts and are delighted when people join the party that we ha...

Lord Davies of Stamford | 758 c803 (Link to this contribution)

I will give way to him in one second, of course. I think he ought to come out and declare his tru...

Lord Foulkes of Cumnock | 758 c803 (Link to this contribution)

I cannot think of anything worse than to be called a secret believer in proportional representati...

Baroness Donaghy | 758 cc803-4 (Link to this contribution)

I was not going to speak in this debate, but I think it is important that some of us who have not...

Lord Martin of Springburn | 758 cc804-5 (Link to this contribution)

I have often been careful in the past to remind Members in the other place that they should not u...

Baroness Hayter of Kentish Town | 758 cc805-6 (Link to this contribution)

My Lords, this has turned out to be a rather more interesting discussion on the amendments than I...

Lord Gardiner of Kimble | 758 cc806-7 (Link to this contribution)

My Lords, we have undoubtedly had a very wide-ranging and interesting debate, and I think that we...

Lord Forsyth of Drumlean | 758 c807 (Link to this contribution)

Just on that narrow point that there is nothing to stop the Member of Parliament standing in the ...

Lord Gardiner of Kimble | 758 c807 (Link to this contribution)

My Lords, I did not say at all whether they would stand on their former party ticket, but there i...

Lord Snape | 758 c807 (Link to this contribution)

On that particular point, perhaps I could ask the Minister about the case—I think it was the Litt...

Lord Gardiner of Kimble | 758 c807 (Link to this contribution)

My understanding is that the gentleman would no longer be disqualified.

I will conclude, be...

Lord Grocott | 758 c807 (Link to this contribution)

I know that the Minister is being patient and reading his resounding conclusion. He mentioned dec...

Lord Gardiner of Kimble | 758 cc807-8 (Link to this contribution)

Well, the obvious rejoinder—I am sure that the noble Lord will take this in the spirit I intend—i...

Lord Tyler | 758 c808 (Link to this contribution)

Moved by

Lord Tyler

2: Clause 1, page 1, line 11, leave out subsections (3) to (6)

Lord Tyler | 758 cc808-812 (Link to this contribution)

My Lords, with my Anglican ancestry and upbringing, I like to start with a text. Perhaps I should...

Lord Howarth of Newport | 758 cc812-3 (Link to this contribution)

My Lords, how are these amendments and the proposition that has just been put to the House by the...

Lord Alton of Liverpool | 758 cc813-4 (Link to this contribution)

My Lords, I will speak very briefly and the Minister knows why. This morning I was able to explai...

Lord Soley | 758 cc814-5 (Link to this contribution)

I begin with an apology to the noble Lord, Lord Tyler—two apologies, to get my mea culpas out of ...

Lord Grocott | 758 cc815-6 (Link to this contribution)

My Lords, in one respect at least I feel a considerable empathy with the noble Lord, Lord Tyler, ...

Lord Forsyth of Drumlean | 758 c816 (Link to this contribution)

Is that not covered by proposed new subsection (8) in Amendment 30, which excludes parliamentary ...

Lord Grocott | 758 c816 (Link to this contribution)

If that is the answer, it is, as I think the noble Lord, Lord Forsyth, knows perfectly well, not ...

Lord Martin of Springburn | 758 c816 (Link to this contribution)

My Lords, I hope noble Lords will forgive me if I have misunderstood the comments of the noble Lo...

Lord Cormack | 758 cc816-7 (Link to this contribution)

My Lords, I shall never forget Frank Maguire on that March evening in 1979. He had been brought o...

Lord Maxton | 758 c817 (Link to this contribution)

Within my own party, the Member of Parliament would have to go through a process before he stood ...

Lord Cormack | 758 cc817-8 (Link to this contribution)

Oh yes, I know all about that, because they tried to get rid of me on two or three occasions. I k...

Baroness Oppenheim-Barnes | 758 c818 (Link to this contribution)

In that precise context, does my noble friend not recall the occasion when Bernadette Devlin cros...

Lord Cormack | 758 c818 (Link to this contribution)

I well remember that: I was sitting just behind when Reginald Maudling made his Statement. It was...

Lord Snape | 758 cc818-9 (Link to this contribution)

My Lords, I made my view on the Bill plain at Second Reading, and I will try not to repeat anythi...

Lord Howarth of Newport | 758 c819 (Link to this contribution)

My noble friend does not exaggerate. At the Conservative Party conference that year there were la...

Lord Snape | 758 c819 (Link to this contribution)

I have to say that, having spent 27 years in the other place, I never achieved such notoriety in ...

Lord Forsyth of Drumlean | 758 c819 (Link to this contribution)

My Lords, I listened to the Second Reading debate but did not participate because it was one of t...

Lord Forsyth of Drumlean | 758 c819 (Link to this contribution)

No. It was made on Second Reading. He said that this puts enormous political pressure on—it polit...

758 c819 (Link to this contribution)

Lord Campbell-Savours.

Lord Forsyth of Drumlean | 758 cc819-821 (Link to this contribution)

It was the noble Lord, Lord Campbell-Savours. How could I possibly have forgotten his name, when ...

Lord Maxton | 758 cc821-2 (Link to this contribution)

My Lords, I am reluctant to speak in this debate. I did not take part in the Second Reading debat...

Lord Maxton | 758 c822 (Link to this contribution)

He soon got back: I accept that. My uncle would have been elected. It was he who coined the phras...

Lord Howarth of Newport | 758 c822 (Link to this contribution)

My noble friend has talked about an important case, arising from his family history and the histo...

Lord Maxton | 758 c822 (Link to this contribution)

I shall finish by saying that I thoroughly agree with that.

Lord Lexden | 758 cc822-3 (Link to this contribution)

My Lords, I am glad to add my name to my noble friend Lord Tyler’s amendments. It is obvious to u...

Lord Stoddart of Swindon | 758 c823 (Link to this contribution)

My Lords, like the noble Lord, Lord Maxton, and others, I did not take part in the Second Reading...

Lord Kerr of Kinlochard | 758 cc823-4 (Link to this contribution)

My Lords, I want to say just a word in support of what the noble Lord, Lord Forsyth, said against...

Baroness Hayter of Kentish Town | 758 cc824-5 (Link to this contribution)

I apologise for leaping to my feet too quickly. I was going to say that in over an hour of debate...

Lord Gardiner of Kimble | 758 cc825-7 (Link to this contribution)

My Lords, yet again we have had a thought-provoking and thorough debate. I acknowledge the work t...

Lord Tyler | 758 c827 (Link to this contribution)

My Lords, I am very grateful to my noble friend the Minister for his careful response to our prob...

Lord Forsyth of Drumlean | 758 c827 (Link to this contribution)

I apologise for interrupting. My noble friend says that the amendment does not affect that. The a...

Lord Tyler | 758 c828 (Link to this contribution)

It certainly is not, because it is covered by quite different regulation and control: the code of...

Baroness Taylor of Bolton | 758 c828 (Link to this contribution)

I understand what the noble Lord is saying about the Code of Conduct, but that would not trigger ...

Lord Tyler | 758 c828 (Link to this contribution)

That is exactly what I am saying.

Baroness Taylor of Bolton | 758 c828 (Link to this contribution)

Therefore, Ministers are being treated in a different way from Back-Benchers.

6.30 pm

Lord Tyler | 758 c828 (Link to this contribution)

As the noble Baroness will know from her ministerial experience, they are already under the Minis...

Lord Howarth of Newport | 758 c828 (Link to this contribution)

I am not a constitutional lawyer either, but would the noble Lord agree that the House of Commons...

Lord Tyler | 758 cc828-9 (Link to this contribution)

I am not sure that the noble Lord was here during the debate on that Bill, but I was and took an ...

Lord Hamilton of Epsom | 758 c829 (Link to this contribution)

I thought I remembered the noble Lord, Lord Campbell-Savours, saying quite distinctly that there ...

Lord Tyler | 758 c829 (Link to this contribution)

He made it absolutely clear, as would other noble Lords who were there, that the way in which the...

Lord Foulkes of Cumnock | 758 c829 (Link to this contribution)

Moved by

Lord Foulkes of Cumnock

3: Clause 1, page 1, line 13, after “Kingdom” insert...

Lord Foulkes of Cumnock | 758 cc829-830 (Link to this contribution)

My Lords, this has been an interesting diversion down the highways and byways of Liberal land. Fo...

Lord Foulkes of Cumnock | 758 c830 (Link to this contribution)

Consistency, thank you. That is the second time that my noble friend has assisted me this afterno...

Lord Howarth of Newport | 758 c830 (Link to this contribution)

Before my noble friend moves on from the issue of consistency, does he find our constitution char...

Lord Foulkes of Cumnock | 758 cc830-1 (Link to this contribution)

That is a very good question. I could spend an hour or two on that, although the Minister and oth...

Lord Grocott | 758 cc831-2 (Link to this contribution)

I raise with my noble friend a practical point that he might be about to address. If a sentence o...

Lord Foulkes of Cumnock | 758 c832 (Link to this contribution)

My noble friend has put his finger on it precisely. That shows exactly the problems arising and w...

Lord Tyler | 758 c832 (Link to this contribution)

Does the noble Lord acknowledge the point he has just made is also material to members of the Sta...

Lord Foulkes of Cumnock | 758 c832 (Link to this contribution)

Indeed, and the noble Lord will realise it is coming up in subsequent amendments that I have tabl...

Lord Forsyth of Drumlean | 758 c833 (Link to this contribution)

While the noble Lord is in explanatory mode, I have something to ask him. I entirely understand t...

Lord Foulkes of Cumnock | 758 c833 (Link to this contribution)

I said in my introduction that astute Members of this House would immediately or eventually detec...

Lord Foulkes of Cumnock | 758 c833 (Link to this contribution)

My view—I think I said this—is that the recall procedure is daft. It is expensive, complicated, a...

Lord Grocott | 758 c833 (Link to this contribution)

Is not my noble friend, in wrestling with these amendments which attempt to improve the Bill, jus...

Lord Foulkes of Cumnock | 758 cc833-4 (Link to this contribution)

I could not have said it better myself; in fact, I did not say it better myself. That was an exce...

Lord Finkelstein | 758 c834 (Link to this contribution)

My Lords, I very much hope that if I am ever accused of a serious offence, the noble Lord, Lord F...

Lord Grocott | 758 c834 (Link to this contribution)

As the noble Lord, Lord Finkelstein, is saying that we need to be in the real world rather than d...

Lord Finkelstein | 758 c835 (Link to this contribution)

As the noble Lord is well aware, there have not been very many such Members of Parliament and the...

Lord Forsyth of Drumlean | 758 c835 (Link to this contribution)

My noble friend is clearly passionate in support of the Bill. Could he deal with the point, which...

Lord Finkelstein | 758 c835 (Link to this contribution)

I think that this is a misunderstanding. The leader of the party has to sign to allow them to use...

Lord Maxton | 758 c835 (Link to this contribution)

The fact is that Jimmy Maxton would not have required, and would not have got, Ramsay MacDonald’s...

Lord Finkelstein | 758 c835 (Link to this contribution)

And he could run as a candidate, if he wished, in an election, and could receive or not receive h...

Lord Forsyth of Drumlean | 758 c836 (Link to this contribution)

I am sorry to pursue this—perhaps I have just misunderstood the Bill, as the noble Lord suggests—...

Lord Forsyth of Drumlean | 758 c836 (Link to this contribution)

Democratic—that is the word I was searching for; of course it was. In the Conservative Party you ...

Lord Finkelstein | 758 c836 (Link to this contribution)

No, the noble Lord is not missing anything, but he is failing to add the question of why that wou...

Lord Forsyth of Drumlean | 758 cc836-7 (Link to this contribution)

I regard it as a flaw in the Bill because the point that my noble friend has been making througho...

Lord Finkelstein | 758 c837 (Link to this contribution)

I actually used those examples for a reason. The whip may have been withdrawn, but those people d...

Lord Cormack | 758 c837 (Link to this contribution)

Is my noble friend seriously suggesting that a Member of Parliament is employed by his constituen...

Lord Soley | 758 c837 (Link to this contribution)

I intervene very briefly with a very short contribution. It follows what the noble Lord, Lord Fin...

Lord Finkelstein | 758 c837 (Link to this contribution)

Naturally, I am not against the power of Parliament to do dignified things. I am against allowing...

Lord Cormack | 758 c838 (Link to this contribution)

My Lords, in response to my brief intervention, my noble friend said that he regards MPs—he said,...

Lord Finkelstein | 758 c838 (Link to this contribution)

For words to fail the noble Lord, this really is a serious crime.

Baroness Hayter of Kentish Town | 758 c838 (Link to this contribution)

My Lords, first, I will answer one question. This does indeed cover suspended sentences, which is...

Lord Foulkes of Cumnock | 758 c838 (Link to this contribution)

Perhaps my noble friend could draw my attention to exactly where.

Baroness Hayter of Kentish Town | 758 c838 (Link to this contribution)

I need notice of that question—and he is my noble friend! I believe that the Minister will have t...

Lord Hamilton of Epsom | 758 c838 (Link to this contribution)

That is obviously one example, but how about the paedophile in the Philippines or somebody who is...

Baroness Hayter of Kentish Town | 758 c838 (Link to this contribution)

I was about to come to another example and say that that does not prevent the Standards Committee...

Lord Forsyth of Drumlean | 758 c838 (Link to this contribution)

Surely the Standards Committee would not be able to address it, because the first recall conditio...

Baroness Hayter of Kentish Town | 758 c839 (Link to this contribution)

Undoubtedly there will be cases and jurisdictions where we would be very content to take that, bu...

Lord Gardiner of Kimble | 758 cc839-840 (Link to this contribution)

My Lords, perhaps before I turn to the amendments of the noble Lord, Lord Foulkes, I may speak to...

Lord Foulkes of Cumnock | 758 c840 (Link to this contribution)

How is that dealt with under the Representation of the People Act?

Lord Gardiner of Kimble | 758 c841 (Link to this contribution)

If the noble Lord will display a shade of patience, I shall of course deal with that, but I would...

Lord Forsyth of Drumlean | 758 c841 (Link to this contribution)

Given that the Bill is meant to be about enabling the electorate to hold to account Members who h...

Lord Gardiner of Kimble | 758 c841 (Link to this contribution)

Certainly, the process is not intended for ridicule. This is about very serious matters of wrongd...

Lord Forsyth of Drumlean | 758 c841 (Link to this contribution)

I apologise to my noble friend for pressing him on this. There would indeed be considerable disma...

Lord Gardiner of Kimble | 758 cc842-3 (Link to this contribution)

My Lords, I repeat to my noble friend that that is precisely why I said I would be considering an...

Lord Cormack | 758 c843 (Link to this contribution)

Will my noble friend be kind enough to comment on the brief exchange I had with my noble friend L...

Lord Gardiner of Kimble | 758 c843 (Link to this contribution)

My Lords, I do not think that I am going to get into an exchange with two noble friends except to...

Lord Forsyth of Drumlean | 758 c843 (Link to this contribution)

The existing provisions automatically disqualify a Member of Parliament if they have a sentence o...

Lord Gardiner of Kimble | 758 c843 (Link to this contribution)

I may need to look into the provisions of the 1981 Act, because I do not have it in front of me. ...

Lord Forsyth of Drumlean | 758 c843 (Link to this contribution)

A thought has just occurred to me that there might be another loophole if someone was sentenced t...

Lord Foulkes of Cumnock | 758 c844 (Link to this contribution)

My Lords, I am grateful to the Minister for a very detailed and helpful reply. The whole debate, ...

Lord Gardiner of Kimble | 758 c844 (Link to this contribution)

I want to make sure there is clarity. I will certainly reflect on what is in Hansard. I do not wa...

Lord Foulkes of Cumnock | 758 c844 (Link to this contribution)

I realise that the Minister is constrained not only by messages from the Box but by Ministers in ...

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