Anne Marie Morris
Main Page: Anne Marie Morris (Conservative - Newton Abbot)Department Debates - View all Anne Marie Morris's debates with the Cabinet Office
(9 years, 6 months ago)
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Greg Clark
We will attend to the points that the hon. Lady makes. They apply perhaps with even more force to the possibility of a recall in Northern Ireland being triggered initially by 5% of the electorate, for any reason. In relation to the arrangements in Northern Ireland, we have taken care not to cause repeated debate and contention when that would be against the interests of democracy in the Province. Nevertheless, I will reflect on her words.
Anne Marie Morris (Newton Abbot) (Con)
May I take the Minister to task about his comments on new clause 2, which stands in my name? He suggested that there is almost a greater likelihood of libellous statements being put on the statement of reasons than on anything else. In an election process, many pieces of paper are put into the public domain, and they are properly scrutinised. I do not believe that anybody who puts out something that is potentially libellous will not feel the full force of the law. The duty of care remains, come what may, and this document is no more susceptible to a problem than any election leaflet.
Greg Clark
My hon. Friend takes me to task in a very gentle way. It may be true that election leaflets may contain statements that are contentious to the point of being alleged to be untruthful, but a statement that is supplied by the returning officer to every elector may be viewed as having official authority, whereas the leaflets that we produce at election time, whatever our intentions, may be discounted to a greater extent, if I may put it that way.
Anne Marie Morris
But the Post Office delivers our election addresses to every single household, and that gives them some standing: they are not just pieces of marketing.
Greg Clark
My hon. Friend makes a reasonable point. She will remember that I applauded the intention of her new clause, which was to allow a reason to be given for a recall. However, even the arrangements that we have at present were not sufficient to deal with a case where a very offensive statement was circulated linking the candidacy of Members of the European Parliament to a protest against the murder of Lee Rigby in a wholly distasteful way. These things are not proof against abuses of the kind that I mentioned.
Geraint Davies
I am grateful for that example. It is difficult to imagine how much harassment there would be if the amendment was agreed to. Harassment can happen through a range of mechanisms and can be sophisticated. People would protest using electronic and social media, as well as conventional media, to threaten people with recall. Ultimately, we are all human and we have families. Members will say, “I haven’t done anything wrong, but this is affecting my children in school.”
We need the space to discuss things with clarity and, hopefully, rationality. Obviously we express differences, and we all understand that that can provoke passion. However, to have a mechanism by which we could all be targeted or intimidated, that could distort people’s judgments, and that could affect whether people were here or not would be fundamentally in conflict with the ideals to which we aspire in this House.
Anne Marie Morris
Passing a recall Bill is one of the most important things that we can do to restore trust between Members of Parliament and their constituents. I wish that I had heard the word “trust” more in this debate. There is too much concern about the machinations of political parties trying to use the process in an abusive way. Although I understand that concern, surely the most important principle for an MP is that the relationship they have with their constituents must be based on trust.
That is why I supported the introduction of the Bill. It is also why I strongly support the amendments of my hon. Friend the Member for Richmond Park (Zac Goldsmith). I have worked with him on a number of the amendments. Accepting them is one of the only ways in which we can support the true meaning of democracy and ensure that our constituents have a genuine say. Although the Government Bill is well-meaning, to have a mechanism that can be triggered in such limited ways does not underscore the trust that must exist between MPs and their constituents. That trust is critical.
I hear the concerns about abuse. It is partly because of those concerns that I tabled new clause 2. I am pleased that there are 67 supporters of that proposition. The new clause intends to take on the challenge of how we should deal with the reason an MP should be subjected to recall. We have talked about the challenge of describing and defining wrongdoing. As has been said many times, it is virtually impossible to do so. The new clause would enable the public to put forward very clearly why a particular Member of Parliament should be subjected to recall.
There are three parts to new clause 2. First, there must be accountability in any system. That is why the reason for recall has to be put forward by a named individual. The name of the individual must be on the record and must be clear at every polling station at which the petition and, ultimately, the referendum are determined. The individual must be willing to put his name forward.
On Second Reading, it was suggested that an individual who was not the prime mover behind the recall petition might be used. I believe that the electorate are sensible enough to work out when something is a sham and when the person is just a place saver. I am therefore not convinced that that is a real risk.
Mr Kevan Jones
I am sorry, but having read the hon. Lady’s new clause, I do not think it would do anything of the sort. It would leave it wide open for the reason to be a matter of conscience on which the Member has spoken in the House or a matter of conduct in their family life that is nothing to do with this place. The reason could be anything. Only one elector would have to be identified. What about all the other electors? Would she insist that they have their names and addresses published as well?
Anne Marie Morris
The hon. Gentleman has not heard my comments on the second part of the new clause. I was talking about the named promoter and will get on to the reason and the right of reply for the Member of Parliament.
The hon. Gentleman’s question about the promoter has already been answered by a number of Members who support the amendments of my hon. Friend the Member for Richmond Park. The general view is that we do not publish how people vote in this country. That is not a matter of public record. Although I understand the concern and think that the idea is worth considering—
Anne Marie Morris
No, I will not give way. Although I understand the concern, I do not think that that will be an issue.
The second part of the new clause, on which the hon. Gentleman also commented, is the reason. He is right that any reason may be given, but he is wrong if he thinks that the electorate are sufficiently unintelligent and disengaged that they will not read the 200 words carefully to understand what it is about, particularly given the percentages that would be required. This is the opportunity for members of the public to clarify what the individual has done wrong.
One concern that the Minister raised was that the statement might be libellous. I explained that that would be no more of a risk in this document than in any other document that is put out in the same way.
Mr Kevan Jones
The hon. Lady has not answered my point at all. Like the other supporters of the amendments of the hon. Member for Richmond Park (Zac Goldsmith), she says that any reason may be given for the recall of any Member of Parliament. Some well intentioned individuals might use the provisions, but some people would finance a campaign. In the example that was given by my hon. Friend the Member for Walsall North (Mr Winnick), I am sure that a newspaper would have backed a campaign to recall the former Member for Sunderland South. The same might have been true of the example that I gave of Ann Cryer in Keighley.
Anne Marie Morris
At the end of the day, it depends upon trust and the view that we take of the electorate. I trust the electorate to make sense of what is written and to make a sensible judgment. The public have to deal with all sorts of comments and accusations in the media every single day. They do not believe everything that is written. I dispute what the hon. Gentleman says because he completely underestimates the trust and intelligence of the British electorate.
Ian Swales (Redcar) (LD)
More than 50% of the electorate voted against most Members of the House, including myself and the hon. Lady, when we were elected to this place. Does she not see the trap that political opponents will cause petitions to be raised to try to overturn the results of elections?
Anne Marie Morris
Anything is possible. We live in the real world of good and bad, but if we make decisions about introducing such legislation on the assumption that the worst will happen, rather than looking at the best that will happen, and we do not focus on trust, we will be giving the wrong message to the electorate. It should not be a message about us being concerned about some political group ganging up against us—that is the wrong message to give to the electorate. The message should be, “We trust you to make sensible decisions.” That for me is imperative.
Lady Hermon
I am most grateful to the hon. Lady for allowing me to intervene. May I draw her attention to a particular and important scenario in Northern Ireland? Although Northern Ireland was safe enough to host the G8 summit at Lough Erne and the World Police and Fire Games, it is not safe enough for us to know what amount is donated to political parties, and we still have anonymity of political donations to political parties. I would therefore have no idea who had sponsored a recall motion to get rid of me in North Down, and similarly, none of my colleagues from other parties in Northern Ireland would know that because of the anonymity. Big money can buy a recall in Northern Ireland. Will the hon. Lady address that issue?
Anne Marie Morris
Clearly, I have no knowledge of Northern Ireland and exactly how it operates, but the hon. Lady makes a fair point and there are issues about funding. However, that applies in every political situation, and I do not think that her points invalidate the suggestion in new clause 2.
It seems to me that along with my hon. Friend the Member for Richmond Park we have put forward a form of accountability, and with the provision of a reason we have provided some transparency. Under the Government’s arrangements there is no explanation or reason.
Thomas Docherty
The hon. Lady is generous in giving way and I have two quick points. At the moment, a voter may choose not to take part in the full register and be only on the so-called edited register. How would new clause 2 apply to such a person? Secondly, is she saying that a Member of Parliament could be recalled not because of something that they did, but because one of their fellow party members did something—such as in the example given by the hon. Member for North Down (Lady Hermon)—or because their party supports a policy? Will the hon. Lady clarify those points?
Anne Marie Morris
On the first point, the rules will be exactly the same as in a general election, so I do not see that there is a problem. On a Member being recalled because of something that one of their colleagues said, again I go back to my fundamental point of trust. We either trust the electorate or we do not. They can either see that something is frankly true, or they can see it as rubbish. That would be my view.
New clause 2(3) would enable an MP to have a right of reply. There is currently no provision in the Government’s Bill to give the MP any right of reply, and such a provision would provide fairness.
Dr Julian Huppert (Cambridge) (LD)
The hon. Lady keeps saying that the Government’s proposals—which I think could be improved—do not require somebody to say what the problem is or allow a response, but does she accept that such a process would take place when somebody has been convicted of a criminal offence or been suspended for 21 days, so the problem ought to be fairly obvious?
Anne Marie Morris
The hon. Gentleman makes a fair point, but I suppose that I simply do not think the grounds are wide enough. From everything that the Minister has said, it seems that although there are firm red lines that will not be crossed, even he is looking at the Bill to see how it can be improved. Let us talk about the art of the possible rather than the current constrained position in the Bill.
Jim Dowd
I am not entirely unsympathetic to the thrust of the amendments tabled by the hon. Member for Richmond Park (Zac Goldsmith), but for one reason above all others—I think this is the Government’s reason—I am not yet convinced that I will vote for them. We must understand what the threshold is for the process. The Government’s position, even though I do not support it in total, is that a single set of circumstances can deal with this issue. New clause 2 has no threshold, so therefore if one process was concluded unsuccessfully, it would not stop somebody from starting the whole process again. Can the hon. Lady give me any guarantee that that would not happen, once people had been subjected to this measure, and given the damage that even the question of facing recall could do to an individual—
The Temporary Chair (Mr Jim Hood)
Order. Interventions must be a lot shorter than that, and not replaced by speeches.
Anne Marie Morris
Gosh, that was quite a long intervention and I am not sure I remember it exactly. May I indulge the hon. Gentleman, Mr Hood? Could he remind me in one sentence of what he actually said because the intervention was so long?
Anne Marie Morris
I thank the hon. Gentleman for his indulgence; that was a much shorter and better comment. We discussed that point in the Committee, and my recollection is that there is provision to deal with that, so that someone cannot keep requesting recall time and again, as the hon. Gentleman suggests. I apologise for the fact that I cannot point him to the chapter and verse, but I agree that it is an issue that ought to be considered.
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
Surely the stop for the process continuing over and over again is the fact of previous failure. A previous failure will obviously stop it, because if people are getting nowhere they will not continue.
Anne Marie Morris
The hon. Gentleman is right and that is the way it should work. However, the mechanism that my hon. Friend the Member for Richmond Park and I are proposing is broader and provides some comfort to those who are concerned that the process will be subject to political game playing.
I have talked through the issues of the promoter, the reason and the opportunity for an MP to be given a right of reply, but I am sure that many amendments could be tabled to my hon. Friend’s proposals to address some of those issues. For example, we could require the statement of reasons to start with a certain sentence, which would mean that the statement had to be about something that we all feel is inappropriate behaviour from a Member of Parliament. There are things that could be done, but they depend on whether we think our starting point should be the Government’s narrow starting point, or a much broader starting point that would come from a position of trust.
Anne Marie Morris
No, I will not: read my lips.
You have been incredibly indulgent, Mr Hood, and I know that many other Members wish to speak in this debate. New clause 2 goes to a matter of trust and is sufficiently important for me to ask for it to have a separate vote when we decide on the amendments. On that note, I will conclude my comments.
John McDonnell
I am grateful to the Minister for his response on the calculation of days. To be absolutely clear—again, this is not out of personal interest at all—I take it that this totting-up process is within one parliamentary Session. I would be happy if the Minister confirmed that.