Recall of MPs Bill

Debate between Anne Main and James Paice

Monday 27th October 2014 Commons Chamber

[Sir James Paice]

When my hon. Friend the Member for Gainsborough (Sir Edward Leigh) said that I can speak for myself, I was beginning to doubt whether I was going to get the opportunity, particularly as it is probably a couple of hours since the Minister replied to the speech that I had not then given.

I should start by pointing out that I am speaking with complete independence, because whatever happens to the Bill, it will not apply to me as I am not seeking re-election. I am therefore looking at it, I hope, as objectively as possible. As my hon. Friend has just said, my amendment (a) is to new clause 2, so if new clauses 1 and 2 fail, my amendment obviously falls. I have some sympathy with those amendments, although nothing like enough to make me support them as they stand.

My hon. Friend—he is a friend—the Member for Somerton and Frome (Mr Heath) deserves credit for trying to find a way forward beyond the way the Bill goes, but nothing like as far as my hon. Friend the Member for Richmond Park (Zac Goldsmith) has gone. I am slightly in conflict with my hon. Friend the Member for Gainsborough (Sir Edward Leigh) because, despite his brilliant historical exposition of the freedoms we have in this House, I think the time has come when we have to recognise that the public do not trust us to manage our own affairs. We have accepted that in respect of allowances, although I will not go down that road. We are not all particularly thrilled with what we have, but never mind: we have accepted it. I think we probably have to accept it in this context, as well, but in nothing like as wide open a way as the amendments tabled by my hon. Friend the Member for Richmond Park and others suggest. As I say, I pay tribute to my hon. Friend the Member for Somerton and Frome, and I was really pleased that the Government intimated that they will look at his proposals.

I want briefly to explain why I wanted to table this amendment. If the Committee is minded to support my hon. Friend the Member for Richmond Park, it is crucial that we narrow down the field to which recall could be applied. I know that he and others take a different view—that the field should be wide open and we should entirely trust our constituents in that regard—but as many Members have said this evening, I seriously wonder whether we are creating a problem unnecessarily, and an opportunity for large pressure groups, probably backed with big money, to make a big impression on this House and to counter and influence the way in which Members vote.

The hon. Member for Swansea West (Geraint Davies), who is no longer in the Chamber, cited his experiences, and the hon. Member for Walsall North (Mr Winnick) referred to when he was a Croydon Member—there seems to be a history of Labour Members representing Croydon marginals for short periods—with a majority of 81. Fortunately, I have not been in that position, but I fully understand why people with such a majority may feel pressurised about how they vote. This is not a party issue, and I am delighted that Conservative Members have a free vote, as is only right and proper.

[Mrs Anne Main (St Albans) (Con)]

My right hon. Friend talks about Members who, like me, represent marginal seats. We must be careful that we do not give the public the completely wrong impression that we are not going for this idea because we are running scared of being destabilised in such seats.

[Sir James Paice]

I note what my hon. Friend says, but I would not be prepared to say that, if I had a majority in the order of 100, I would not be very concerned about what people thought about me. I am concerned anyway, but at least, for the reasons that my hon. Friend the Member for Gainsborough set out, I am able to stand here and say whatever I like in the knowledge that I am protected by privilege. I would not wish to abuse that privilege—I do not think that I have ever sought to do so—but if what a Member said could be held against them, as might be the case if the amendments are agreed to, we could jeopardise their opportunity to speak with the freedoms that we rightly pride in this place.

Like other Members, I have looked up a couple of statistics. Only 207 hon. Members—less than a third—received over 50% of the vote. Indeed, 100 Members received the votes of less than 25% of their electorate, which demonstrates just how tight things really are. We can imagine the opportunity for well organised and probably well funded pressure groups to exert influence on Members with a small proportion of the vote—just enough to have scraped home—through the threat of recall. It is easy for Members to say, as some have, “I am far too strong-minded and I will not be bought,” but I challenge that. It would be a brave individual who faced such pressure yet did not feel that they might have to bend to it.

I will not add to what we have heard about vexatious cases, but those of us who have been here for a number of years know that all Governments, of all complexions, become very unpopular at sometime during their mid-term—some are unpopular for the whole term—yet despite that, they quite often get re-elected. However, during that mid-term period of unpopularity, it would be possible to have a series of recalls in tight marginal seats simply to change incumbency, and that could end up changing the Government. I do not have a problem with a change of Government between general elections—that is democracy—but it would be wrong if that were to arise because of a concerted effort targeted at specific MPs on the basis of things that they had said or votes they had cast. That was why I tabled amendment (a) to new clause 2, which would protect Members by not allowing reasons relating to their freedom of expression from being cited in a statement of reason.

In response to the speech I had not then given, the Minister said that my suggestion would work only to a certain extent, because it would not stop such issues being raised as part of a general campaign. However, if those issues could not be cited as reasons for seeking a recall petition, that might be enough to stop a campaign from starting, as other reasons would need to be cited in the statement. It is perfectly true that there could be other mechanisms for publishing the real reason, which is how the Member had spoken or voted, but I think that preventing that being promulgated as the official reason that goes out with the petition would offer considerable protection.

If there is a better way of doing that, obviously I, like other Members who have proposed amendments, would be happy to listen to it. However, if the Committee is minded to support new clause 2—as I have said, I could not possibly support it unless my amendment (a) is accepted by its proposers—I would have to oppose the whole raft of amendments standing in the name of my hon. Friend the Member for Richmond Park and other hon. Members.

If we stopped people on the street and asked them about recall, most would say—if it registered at all—that it relates to misconduct and bad behaviour. Very few would relate it to votes, speeches or views. Nevertheless, I think that there is that risk, and I want to protect hon. Members from it. My amendment would prevent anybody giving as a reason for recall anything that fell under freedom of expression. My hon. Friend the Member for Gainsborough has tabled a similar amendment, but I will not repeat what he has said.

Having been a Member for more years than I care to remember, I fear that the idealistic way in which the amendments have been cast means that they are just too broad. As I said at the outset of my comments, I fully accept the need to go further than the Government are going, and I think that there is a need for popular involvement, but it has to concentrate on the real issues that cause the public concern: unacceptable behaviour by their Member of Parliament that devalues their role. We all agree that that is necessary. The issue is whether we extend that to matters relating to freedom of speech, which I think would be a step too far.