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[Closed] Recall of MPs Act 2013  

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Dan
 Dan
(@dan)
Member A-team
Joined: 7 months ago
Posts: 139
26/02/2019 11:46 pm  

RECALL OF MPs Act 2013

An Act to make provision about the recall of members of the House of Commons; and for connected purposes.


BE IT ENACTED, by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

 


  1. Provisions
    1. How an MP becomes subject to a recall petition process

    (1)An MP becomes subject to a recall petition process if—
    (a)the first, second or third recall condition has been met in relation to the MP, and
    (b)the Speaker gives notice of that fact under section 5.
    (2)In this Act “recall petition” means a petition calling—
    (a)for an MP to lose his or her seat in the House of Commons, and
    (b)for a by-election to be held to decide who should be the MP for the constituency in question.
    (3)The first recall condition is that—
    (a)the MP has, after becoming an MP, been convicted in the United Kingdom of an offence and sentenced or ordered to be imprisoned or detained, and
    (b)the appeal period expires without the conviction, sentence or order having being overturned on appeal.Sections 2 to 4 contain more about the first recall condition.
    (4)The second recall condition is that, following on from a report from the Committee on Standards in relation to the MP, the House of Commons orders the suspension of the MP from the service of the House for a specified period of the requisite length.
    (5)A specified period is “of the requisite length” for the purposes of subsection (4) if—
    (a)where the period is expressed as a number of sitting days, the period specified is of at least 10 sitting days, or
    (b)in any other case, the period specified (however expressed) is a period of at least 14 days.
    (6)For the purposes of subsection (4) it does not matter—
    (a)when the period of suspension starts, and
    (b)where that period is expressed as a number of sitting days, what provision (if any) is made by the House regarding what does, or does not, count as a sitting day for the purpose of calculating that period.
    (7)The reference in subsection (4) to the Committee on Standards is to any committee of the House of Commons concerned with the standards of conduct of individual members of that House.
    (8)Any question arising under subsection (7) is to be determined by the Speaker.
    (9)The third recall condition is that—
    (a)the MP has, after becoming an MP, been convicted of an offence under section 10 of the Parliamentary Standards Act 2009 (offence of providing false or misleading information for allowances claims), and
    (b)the appeal period expires without the conviction having been overturned on appeal. Sections 2 to 4 contain more about the third recall condition.
    (10)The provision made by or under this Act does not affect other ways in which an MP’s seat may be vacated, whether—
    (a)by the MP’s disqualification - for example, under the Representation of the People Act 1981 (disqualification of certain offenders), or
    (b)by the MP’s death or otherwise.
    (11)The loss by an MP of his or her seat under this Act as a result of a recall petition does not prevent him or her standing in the resulting by-election.

    2. The first and third recall provisions : further provision

    In section 1(3) and (9) (the first and third recall conditions)—
    (a)the reference to an offence includes an offence committed before the MP became an MP and an offence committed before the day on which section 1 comes into force, but
    (b)the reference to an MP being convicted of an offence is only to an MP being convicted of an offence on or after the day on which section 1 comes into force.
    (2)The reference in section 1(3) to an offence does not include an offence mentioned in section 1(9).
    (3)The reference in section 1(3) to an MP being sentenced or ordered—
    (a)includes the MP being sentenced or ordered where the sentence or order is suspended,
    (b)does not include the MP being remanded in custody, and
    (c)does not include the MP being authorised to be detained under mental health legislation if there is no sentence or order for imprisonment or detention other than under that legislation.
    (4)“Mental health legislation” means—
    (a)the Mental Health Act 1983,
    (b)Part 6 or section 200(2)(b) of the Criminal Procedure (Scotland) Act 1995, or
    (c)the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
    (5)For the purposes of this Act the time at which a person becomes an MP is the beginning of the day after—
    (a)the polling day for the parliamentary election at which the person is elected as an MP, or
    (b)where the person has been elected as an MP more than once, the polling day for the parliamentary election at which the person was last so elected.

    3.    The first and third recall conditions: expiry of appeal period

    For the purposes of section 1(3) and (9) (the first and third recall conditions), the appeal period expires at the earliest time at which—
    (a)it is no longer possible for there to be a relevant appeal, and
    (b)all relevant appeals have been determined or otherwise disposed of.
    (2)“Relevant appeal”, in relation to the first recall condition, means—
    (a)an appeal that—
    (i)is in respect of the conviction, sentence or order mentioned in section 1(3), and
    (ii)is brought within the usual period, or
    (b)an appeal that—
    (i)is in respect of the determination of an appeal that was itself a relevant appeal, and
    (ii)is brought within the period of 28 days beginning with the date of that determination or, if it ends earlier, the usual period.
    (3)“Relevant appeal”, in relation to the third recall condition, means—
    (a)an appeal that—
    (i)is in respect of the conviction mentioned in section 1(9) or of any sentence or order imposed in relation to that conviction, and
    (ii)is brought within the usual period, or
    (b)an appeal that—
    (i)is in respect of the determination of an appeal that was itself a relevant appeal, and
    (ii)is brought within the period of 28 days beginning with the date of that determination or, if it ends earlier, the usual period.
    (4)References in this section to an appeal being brought within the usual period are to the appeal being brought within the period allowed for bringing an appeal of the kind in question, disregarding the possibility of an appeal out of time with permission.
    (5)References in this section to an appeal—
    (a)are to an appeal to a court in the United Kingdom;
    (b)include an application (and accordingly references to an appeal being brought include an application being made);
    (c)include an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998, paragraph 31(a) of Schedule 10 to the Northern Ireland Act 1998 or paragraph 21(a) of Schedule 9 to the Government of Wales Act 2006 (appeal against a determination, in proceedings in Scotland, of a Scottish, Northern Irish or Welsh devolution issue), or an appeal under section 288AA of the Criminal Procedure (Scotland) Act 1995 (appeal on compatibility issues);
    (d)do not include a reference under Part 2 of the Criminal Appeal Act 1995 (the Criminal Cases Review Commission) or Part 10A of the Criminal Procedure (Scotland) Act 1995 (the Scottish Criminal Cases Review Commission), or a petition to the nobile officium.
    (6)References in this section to the determination of an appeal are, where the court to which the appeal is brought remits the matter to another court, to the disposal of the proceedings by that other court.

    4.    The first and third recall conditions: courts to notify the Speaker

    This section applies if an MP, after becoming an MP—
    (a)is convicted in the United Kingdom of an offence and sentenced or ordered to be imprisoned or detained within the meaning of section 1(3) (see section 2), or
    (b)is convicted of an offence mentioned in section 1(9) within the meaning of that provision (see section 2).
    (2)The court that imposes the sentence or order in relation to the conviction must notify the Speaker—
    (a)of the conviction and of the sentence or order, and
    (b)whether an appeal may be brought in respect of the conviction, sentence or order.
    (3)Subsections (4) to (6) apply in a case in which an appeal is brought in respect of the conviction, sentence or order (including from a court that determines or otherwise disposes of such an appeal).
    (4)The court to which the appeal is brought must notify the Speaker that an appeal has been brought in respect of the conviction, sentence or order.
    (5)Where the appeal is determined or otherwise disposed of, the relevant court must notify the Speaker—
    (a)that the appeal has been determined or otherwise disposed of,
    (b)that—
    (i)in a case within subsection (1)(a), the conviction, sentence or order has, or has not, been overturned on appeal;
    (ii)in a case within subsection (1)(b), the conviction has, or has not, been overturned on appeal, and
    (c)whether any further appeal may be brought in respect of the conviction, sentence or order.
    (6)“The relevant court” means—
    (a)the court to which the appeal is brought, or
    (b)if that court remits the matter to another court, that other court.
    (7)Section 3(5) and (6) (interpretation of references to an appeal and to the determination of an appeal) apply in relation to this section as they apply in relation to section 3, except that references in this section to an appeal do include a petition to the nobile officium.
    (8)A court is not required under this section to notify the Speaker if, at any time since the application of the section, the MP’s seat has been vacated (whether by the MP’s disqualification or death, or otherwise).

    5.    Speaker’s notice that first, second or third recall condition has been met

    As soon as reasonably practicable after becoming aware that the first, second or third recall condition has been met in relation to an MP, the Speaker must give notice of that fact to the petition officer for the MP’s constituency.
    (2)But subsection (1) does not apply if it would require the Speaker to give notice at a time—
    (a)within the period of 6 months ending with the polling day for the next parliamentary general election,
    (b)when the MP is already subject to a recall petition process, or
    (c)when the MP’s seat has already been vacated (whether by the MP’s disqualification or death, or otherwise).
    (3)For the purposes of subsection (2)(a), the possibility that, after the time mentioned in that subsection, the polling day for a parliamentary general election will be altered by virtue of section 1(5) or 2(7) of the Fixed-term Parliaments Act 2011 is to be disregarded.
    (4)For the purposes of subsection (2)(b), an MP is “subject to a recall petition process” during the period beginning with the giving of a notice under this section in relation to the MP and ending with—
    (a)the receipt by the petition officer of a notice under section 13(6) (early termination of recall petition process) in relation to the recall petition in question, or
    (b)the giving by the petition officer of a notice under section 14(2)(b) (determination of whether recall petition successful) of the outcome of that recall petition.
    (5)A notice under this section—
    (a)must specify the day on which it is given,
    (b)must specify which of the recall conditions has been met in relation to the MP, and
    (c)in a case in which the first recall condition has been met, must specify the offence of which the MP has been convicted.
    (6)For the purposes of this Act, a notice under this section—
    (a)is to be treated as given on the day specified in it under subsection (5)(a), and
    (b)is to be treated as received by the petition officer on the first working day after the day on which it is given.
    (7)References in this Act to a “Speaker’s notice” are to a notice under this section.


    6 Petition officers

    (1)There is to be a petition officer in relation to a recall petition for each constituency as determined as follows—
    Location of constituency    Identity of petition officer
    England or Wales    The person who is the acting returning officer in relation to the constituency by virtue of section 28 of the Representation of the People Act 1983 (discharge of returning officer’s functions in England and Wales).
    Scotland    The person who is the returning officer in relation to the constituency by virtue of section 25 of that Act (returning officers: Scotland).
    Northern Ireland    The Chief Electoral Officer for Northern Ireland.
    (2)References in this Act to a petition officer are to a petition officer under this section.
    (3)Schedule 1 contains more about petition officers.

    7 Where and from when the recall petition may be signed

    (1)Where the petition officer for a constituency receives a Speaker’s notice, the officer must, as soon as reasonably practicable, designate—
    (a)a place, or places, at which a recall petition is to be made available for signing, and
    (b)a day from which the petition is to be made available for signing.
    (2)A maximum of 10 places may be designated under subsection (1)(a).
    (3)The petition officer must, in determining which place or places to designate under subsection (1)(a), seek to ensure—
    (a)that all persons entitled to sign the recall petition have such reasonable facilities for signing it as are practicable in the circumstances, and
    (b)that, so far as is reasonable and practicable, every place designated is accessible to disabled persons.
    (4)The petition officer must designate under subsection (1)(b)—
    (a)the day which is the 10th working day after the day on which the officer received the Speaker’s notice, or
    (b)if it is not reasonably practicable to designate that day, the first subsequent working day that it is reasonably practicable to designate.
    (5)In this Act—
        “the designated place or places” means the place or places designated under subsection (1)(a);
        “the designated day” means the day designated under subsection (1)(b).

    8 Notice of petition to be sent to registered electors

    (1)As soon as reasonably practicable after determining the designated place or places and the designated day under section 7, the petition officer must send a notice of petition in accordance with regulations under section 18—
    (a)to such descriptions of persons registered in the register of parliamentary electors for the constituency as are to be specified in such regulations, and
    (b)to such other descriptions of persons as may be specified in such regulations.
    (2)Regulations under section 18 must require the notice to contain information relating to the recall condition which has been met in relation to the MP.

    9 Recall petition to be made available for signing

    (1)The petition officer must ensure that the recall petition is made available for signing throughout the signing period at the designated place or places, and by post, in accordance with regulations under section 18.
    (2)In this Act “the signing period” means the period of 6 weeks beginning with the designated day.
    (3)The recall petition is made available for signing at the designated place or places, or by post, by a separate petition signing sheet being available for signing by each person entitled to sign the petition at that place, or by post, in accordance with regulations under section 18.
    (4)The wording of a petition signing sheet must include the following—
    “By signing in the box below, you are signing a petition for [name of the MP], the MP for [name of constituency], to lose [his/her] seat in the House of Commons, and for a by-election to be held to decide who should be the MP for that constituency. The loss of [his/her] seat does not prevent the MP standing in this by-election.
    If at least 10% of eligible registered electors in the constituency sign the petition, the MP will lose [his/her] seat in the House of Commons and a by-election will be held for the constituency. If less than 10% of eligible registered electors in the constituency sign the petition, the MP will not lose [his/her] seat as a result of the petition and therefore no by-election will be held.”
    (5)The Minister may by regulations amend subsection (4).
    (6)Regulations under subsection (5) are subject to affirmative resolution procedure.

    10 Persons entitled to sign a recall petition

    (1)A person is entitled to sign a recall petition on a day during the signing period if, on that day—
    (a)the person is registered in the register of parliamentary electors for the constituency,
    (b)the person is aged 18 or over, or the date of his or her 18th birthday is before the end of the signing period, and
    (c)the person would be entitled to vote as an elector at a parliamentary election in the constituency.
    (2)Any alteration made to the register of parliamentary electors for the constituency which takes effect—
    (a)after the day on which the Speaker’s notice is given, and
    (b)on or before the cut-off day,
    does not have effect for the purposes of subsection (1)(a) if it results from a late application for registration.
    (3)Any alteration made to the register of parliamentary electors for the constituency which takes effect after the cut-off day does not have effect for the purposes of subsection (1)(a) unless it takes effect under section 13BC(6) of the Representation of the People Act 1983 (alterations for court orders or errors).
    (4)For the purposes of this Act—
    (a)“the cut-off day” means the 3rd working day before the beginning of the signing period, and
    (b)“late application for registration” means an application for registration that—
    (i)is made after the day on which the Speaker’s notice is given, or
    (ii)is treated as made by virtue of section 10A(2) of the Representation of the People Act 1983 (return of canvass form treated as application for registration) in respect of a form returned after that day.
    (5)For the purposes of subsection (1)(c), section 1(1)(a) and (d) of the Representation of the People Act 1983 (requirement to be registered and of voting age) are to be disregarded.
    (6)Schedule 2 inserts section 13BC of the Representation of the People Act 1983 and makes other amendments relating to the alteration of registers of parliamentary electors.

    11 How entitlement to sign a recall petition is to be exercised

    (1)A person who is entitled to sign a recall petition may sign it—
    (a)in person,
    (b)by post, or
    (c)by proxy,
    subject to meeting the requirements of regulations under section 18 about signing it by that method.
    (2)A person who is entitled to sign a recall petition may sign it only once.
    (3)Once a recall petition has been signed, the signature cannot be withdrawn.
    (4)Unless stated otherwise, references in this Act (however expressed) to the signing of a recall petition by a person are to the person signing it by any of the methods mentioned in subsection (1) otherwise than as a proxy for another person.

    12 Double signing

    (1)A person commits an offence if the person signs the same recall petition, otherwise than by proxy, more than once.
    (2)A person commits an offence if the person signs a recall petition in person or by post knowing that a person appointed to sign the petition as his or her proxy—
    (a)has already signed the petition in person as his or her proxy, or
    (b)in accordance with provision made by regulations under section 18, is entitled to sign the petition as his or her proxy by post.
    (3)A person commits an offence if the person signs the same recall petition as proxy for the same person more than once.
    (4)A person commits an offence if the person signs a recall petition as proxy for another person knowing that the other person has already signed the petition in person or by post.
    (5)An offence under this section is treated—
    (a)for the purposes of section 169 of the Representation of the People Act 1983 (mode of prosecution and penalty for illegal practices) as an illegal practice,
    (b)for the purposes of section 173 of that Act (incapacities on conviction of corrupt or illegal practice) as an illegal practice under section 61 of that Act (other voting offences),
    (c)for the purposes of section 178 of that Act (prosecution of offences committed outside the United Kingdom) as an offence under that Act, and
    (d)for the purposes of section 112 of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (incapacities on conviction of corrupt or illegal practice) as an illegal practice under paragraph 12A of Schedule 9 to that Act (other voting offences).
    (6)The court before which a person is convicted of an offence under this section may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of—
    (a)section 173 of the Representation of the People Act 1983, or
    (b)section 112 of the Electoral Law Act (Northern Ireland) 1962.

    13 Early termination of recall petition process
    (1)This section applies where any of the following conditions is met at any time after the Speaker’s notice is given but before notice of the outcome of the recall petition has been given under section 14(2)(b).
    (2)The first condition is that—
    (a)the polling day for the next parliamentary general election is brought forward by virtue of section 2(7) of the Fixed-term Parliaments Act 2011, and
    (b)the new day is within the period of 6 months beginning with the day on which the Speaker’s notice was given.
    (3)The second condition is that the MP’s seat is vacated (whether by the MP’s disqualification or death, or otherwise).
    (4)The third condition is that, in a case in which the first recall condition was met in relation to the MP, the conviction, sentence or order in question is overturned on appeal.
    (5)The fourth condition is that, in a case in which the third recall condition was met in relation to the MP, the conviction in question is overturned on appeal.
    (6)As soon as reasonably practicable after becoming aware that this section applies, the Speaker must notify the petition officer that the section applies, specifying which of the conditions above has been met.
    (7)On the petition officer receiving a notice under subsection (6)—
    (a)sections 7 to 11 cease to apply in relation to the recall petition, and
    (b)no further action is to be taken under or by virtue of this Act in relation to the process relating to the signing of the recall petition except—
    (i)the action required under subsection (8), and
    (ii)any action which may be required or permitted by regulations under section 18 in relation to the termination of that process.
    (8)As soon as reasonably practicable after receiving a notice under subsection (6), the petition officer must—
    (a)take such steps as the officer considers necessary to terminate the process relating to the signing of the recall petition, and
    (b)give a public notice of the termination of that process in accordance with regulations under section 18.
    (9)The Speaker must lay before the House of Commons any notice given under subsection (6).


    14.    Determination of whether recall petition successful

    (1)This section applies unless the petition officer has received a notice under section 13(6) (early termination of recall petition process).
    (2)As soon as reasonably practicable after the end of the signing period, the petition officer must—
    (a)determine whether the recall petition was successful,
    (b)notify the Speaker that the recall petition was successful or unsuccessful, as the case may be, and
    (c)having done that, give a public notice of the outcome of the recall petition in accordance with regulations under section 18.
    (3)For the purposes of this Act, a recall petition is successful if the number of persons who validly sign the petition is at least 10% of the number of eligible registered electors.
    “The number of eligible registered electors” is the number of persons registered in the register of parliamentary electors for the constituency on the last day of the signing period excluding those who, according to their entry in the register, are aged under 18 on that day.
    (4)Any alteration made to the register of parliamentary electors for the constituency which takes effect—
    (a)after the day on which the Speaker’s notice is given, and
    (b)on or before the cut-off day,
    does not have effect for the purposes of subsection (3) if it results from a late application for registration.
    (5)Any alteration made to the register of parliamentary electors for the constituency which takes effect after the cut-off day does not have effect for the purposes of subsection (3) unless it takes effect under section 13BC(6) of the Representation of the People Act 1983 (alterations for court orders or errors).
    (6)For the purposes of subsection (3), a person validly signs a recall petition if—
    (a)the person signs the petition on a day during the signing period on which the person is entitled to do so under section 10,
    (b)the person has not previously signed the petition,
    (c)each condition (if any) imposed by regulations under section 18 of the kind mentioned in section 18(3)(d)(i)(conditions for the exercise of entitlement to sign) applicable to the method of signing used is met,
    (d)the person’s signing of the petition is not invalid for the purposes of this Act under regulations under section 18 of the kind mentioned in section 18(3)(d)(iv), and
    (e)the person is not within subsection (7).
    (7)A person is within this subsection if, on the last day of the signing period, the person is not registered in the register of parliamentary electors for the constituency because the person’s entry has been removed by an alteration taking effect under section 13BC(6) of the Representation of the People Act 1983.
    (8)The Speaker must lay before the House of Commons any notice received under subsection (2)(b).

    15 Effect of successful petition

 

(1)If the petition officer notifies the Speaker under section 14(2)(b) that the recall petition was successful, the MP’s seat becomes vacant on the giving of that notice.
(2)That does not apply if the seat has already been vacated (whether by the MP’s disqualification or death, or otherwise).
(3)Subsection (1) is subject to regulations under section 18 about the questioning of the outcome of the recall petition.


16 . Short title, commencement and extent
(1) This Act may be cited as the Right to Recall Act 2013.
(2) This Act comes into force on the day it is passed.
(3) This Act extends to England.

 

Dan

A-Team


Barclay Calhoun (CON)
(@barclay-calhoun)
MP for New Forest West
Joined: 6 months ago
Posts: 33
27/02/2019 1:18 pm  

Mr. Speaker,

I beg and move that this bill be read a second time.

Rt. Hon. Barclay Calhoun
MP for New Forest West
Shadow Leader of the House
Shadow Secretary for Culture, Media and Sport
Greater Britain Committee

Parliamentary experience: Unknown (19)
Media experience: Unknown (17)
Policy experience: Unknown (10)


Steve
(@steve)
Member A-team
Joined: 7 months ago
Posts: 283
28/02/2019 12:33 am  

Second reading 

A Team


Calum Douglas Wilson
(@calum-douglas-wilson)
Member
Joined: 6 months ago
Posts: 14
28/02/2019 3:28 pm  

Mr Speaker, I move that the Bill be amended as follows...

Provisions...

– Termination of Political Party membership

  1. An MP who terminates their membership of the Political Party they were a member of, at the time of their election or during their tenure in Parliament, will cease to sit in Parliament and their seat will become vacant resulting in a by-election being held.

  2. The unilateral removal of an MPs political party membership by the Political Party’s executive (i.e. as a result of disciplinary proceedings) will result in their removal of that MP’s right to sit as a Member of Parliament, their seat becoming vacant and the holding of a by-election in that constituency. 
    (a) does not apply to temporary membership suspensions that may or may not be upheld following a hearing or inquiry
    (i) a temporary suspension that later becomes a full revocation of Party membership will however result in the vacating of that MPs seat and the holding of a by-election in that constituency

  3. An MP sitting independently of a Political Party and who was not a member of a registered political party at the time of election and who later joins a Political Party whilst sitting in Parliament will vacate their seat and resulting in a by-election being held in their constituency.

Mr Speaker it is not right that an MP can stand on a political party's manifesto in order to get elected and then resign their membership of that political party after taking their seat. We as elected MPs use manifesto pledges to give our constituents a solid platform of information on which the electorate judges us when they go to the polls. If an MP resigns membership of a political party or defects then they no longer bind themselves to that manifesto and have effectively misled the electorate as well as abusing the mechanics of party politics to benefit their personal campaign through the use of campaign funds and resources. It is unfair to their constituents and cannot be allowed to continue. I hope that this Amendment, which will make our democracy more accountable, is accepted."

Calum Douglas Wilson MP
Member of Parliament for Windsor

Parliamentary experience: Unknown (15)
Media experience: Unknown (7)
Policy experience: Unknown (8)


Macmillan
(@dylan-macmillan)
MP for North East Bedfordshire
Joined: 6 months ago
Posts: 560
28/02/2019 5:16 pm  

Mr Speaker,

I ask that the amendment posited by the Honourable Gentleman be split into three parts, if it has not been proposed that way already, for the purposes of voting, one for each provision he is proposing. I do this because it is my belief that the second provision his amendment suggests would provide the party leaderships the ability to crush any dissent with an iron fist to the point where they are unable to rise in this chamber with any view other than that of their leadership. Such a position would be intolerable to me and would put at risk members' duty to represent their constituents in a manner that they deem necessary. We are elected to represent our constituents first and our parties second.

Conservative MP for North East Bedfordshire
Leader of the Opposition (2014-16)

Prime Minister (2014)

Parliamentary Experience: Novice (25)
Media Experience: Experienced (62)
Policy Experience: Novice (29)


Sylviane Jaubert
(@ege)
Member
Joined: 6 months ago
Posts: 155
28/02/2019 7:59 pm  

Mr.Speaker,

I would like to declare our opposition to the amendment proposed by the Member for Windsor. As it is, this seems like a petty move against Member for North East Bedfordshire and I find this quite offensive. This proposal both in this circumstance and in general is an offensive and anti-democratic proposal that will weaken our democracy. I agree with Member for North East Bedfordshire, as he said it would end any notion of independence and erase mandate of an MP that has been earned by their constituents. As a party leader, this proposition would strengthen me for sure but this is not right, moral or just. Every single member of this body has earned their individual mandates in their own districts, in the current electoral system we have in our country, we vote to elect our individual MPs. What strucks me more is that, this proposal is a blatant attempt by the Tory Party to punish one of their formers that came out as a whistleblower. No one should look at this proposal without its sinister intent. This proposal is a backhanded threat to every single MP in Tory Party, if you see something wrong, sit down and be silent or lose your seat. Labour Party will not be a part to this blatant attempt to punish Member for North East Bedfordshire and will not be a part of this threat to Tory MPs to stay silent when they see something wrong.

Sylviane Jaubert MP
MP for Cynon Valley

Formerly as The Rt Hon Ariadne "Ari" Suchet MP
Former Prime Minister and Leader of the Labour Party

"TrashPotato Today at 2:11 AM
my friend offered me a bottle of vodka and i sucked the vodka out the bottle like a baby sucking a titty"


Meredith Hansen-Charles
(@mhc)
Member
Joined: 6 months ago
Posts: 106
28/02/2019 8:39 pm  

I am sure many will consider it quite improper for a Government Minister, and Deputy Prime Minister, to align myself closely with the Leader of the Opposition, but on this matter I find myself in lock step with the Right Honourable Lady. The amendments proposed by the member for Windsor would do drastic damage to the independence of MPs and embolden party leadership to hold MP's futures in their hands. It would lead to MPs weighing up the option of unwavering loyalty to their leader and the best interests of their constituents. That, Mr Speaker, is completely unacceptable and must not be allowed to occur. 

Members of this House are elected to represent their constituents first, they are our primary concern when we debate legislation and pass laws. They must always be our primary concern, but if we place new powers into the hands of party leadership, power that is far too draconian, the concern for our constituents will become second place to the interest of our party leadership.

The Liberal Democrats will not support the amendments, and if they are not rejected by the proposer of the Bill we will vote against them. The independence of MPs is of greater concern than an attempt to grab power and centralise it within a party leader.

Now, turning to the legislation at large it is something the Liberal Democrats accept. As mentioned earlier we are here to represent our constituents and to ensure we deliver for them. So, it is right that if a sitting MP breaches the trust of their constituents such as being convicted they should be held accountable for that action. On the whole, we support this legislation, but we will not support the amendments proposed by the Member for Windsor.

Meredith Hansen-Charles
Cambridge
Secretary of State for Education
Minister for Women and Equalities

"Meredith Hansen-Charles...is a deity" - Kandler/The Times


John Knox
(@jknox)
Member
Joined: 6 months ago
Posts: 80
28/02/2019 8:43 pm  

Mr. Speaker,

I rise today to address not only the amendments from the right honourable gentleman from Windsor, but the abhorrent bill from the Chief Government Whip. What we are witnessing in this bill is the first Coalition of Chaos U-Turn. This government said “keep us accountable” but here is that same government who ran out one of their own sons of Thatcher for holding them accountable, making an even greater threat. “Hold us accountable” but if you really do it, we won’t just give you the heave ho from the party, we’ll override the votes of your constituents.” 

Thr member from Windsor says this is about fairness and standing on Manifesto. Mr. Speaker, I don’t believe that for one second. This isn’t about representation, this is retroactive retribution. This isn’t about fairness, it’s about revenge. This gives the power of parliamentary membership to the whip, the very one who brings this bill. It robs from the people and gives to the whip. He ought to be ashamed. 

Calvin Ward Conservative MP for Dumfriesshire, Clydesdale and Tweeddale

Parliamentary- 7
Media- 13
Policy- 6


John Knox
(@jknox)
Member
Joined: 6 months ago
Posts: 80
28/02/2019 8:43 pm  

Mr. Speaker,

I rise today to address not only the amendments from the right honourable gentleman from Windsor, but the abhorrent bill from the Chief Government Whip. What we are witnessing in this bill is the first Coalition of Chaos U-Turn. This government said “keep us accountable” but here is that same government who ran out one of their own sons of Thatcher for holding them accountable, making an even greater threat. “Hold us accountable” but if you really do it, we won’t just give you the heave ho from the party, we’ll override the votes of your constituents.” 

Thr member from Windsor says this is about fairness and standing on Manifesto. Mr. Speaker, I don’t believe that for one second. This isn’t about representation, this is retroactive retribution. This isn’t about fairness, it’s about revenge. This gives the power of parliamentary membership to the whip, the very one who brings this bill. It robs from the people and gives to the whip. He ought to be ashamed. 

Calvin Ward Conservative MP for Dumfriesshire, Clydesdale and Tweeddale

Parliamentary- 7
Media- 13
Policy- 6


General Goose
(@general-goose)
Member
Joined: 6 months ago
Posts: 362
28/02/2019 9:15 pm  

Mr Speaker,

Introducing a power of recall was a point of agreement among the two coalition partners. It was in the Liberal Democrat manifesto. It was in the Conservative manifesto. It is only right that it is now part of the government's agenda. But, in both manifestos, it was clear that this was not a power that could be wielded as a political tool. It would be used only in cases when an MP was found guilty of serious wrongdoing. In fact, we in the Liberal Democrats also requested this power be extended to European Parliament elections in our manifesto - I still want to move on that, but that's an issue for another time.

There is no electoral mandate for the member from Windsor's amendment. That is point one.

But secondly it is a fundamental affront to the pillars of our political system. I oppose first past the post. This House knows that. But one of its virtues - one that the smarter systems of proportional representation strive to protect - is that we elect individuals. There is a strong constituency link. There is a scope for MPs to be independent, to pursue their own campaigns and stick to their principles. That is important. But in proposing this amendment, the member from Windsor shows disrespect to the ONE saving grace of our electoral system. 

That is not to mention the fact that it is clearly motivated by a personal case of disdain. Let us ask those in the Conservative Party who believe in the valuable tradition of Burkean conservatism - is changing the system of government to punish one man truly in keeping with that philosophy? I doubt that, Mr Speaker, I doubt that. 

Graham Adiputera (Lib Dem - Sutton and Cheam)
Deputy Prime Minister
Liberal Democrat Leader
Foreign Secretary
Secretary of State for Business, Energy and Climate Change
Secretary of State for Culture, Media and Technology

Parliamentary - 36
Media - 53
Policy - 48


Calum Douglas Wilson
(@calum-douglas-wilson)
Member
Joined: 6 months ago
Posts: 14
28/02/2019 9:20 pm  

Mr Speaker,

This amendment will be not be changed but will be put towards the house in full as it stands. The provisions do not allow for what the member for North East Bedfordshire claims, in fact subsection (a) and subsection (a)(i), provides the mechanism for preventing the abuse of party power in so far as that temporary suspensions will not result in the vacating of a member's seat, only a forced permanent removal of the party whip.

If a member is forcibly removed from his party as a result of corrupt internal party procedure that is a matter for party to resolve, not the job of this house. We cannot have one rule for MPs who willingly leave their party and another for those who are ejected. To pass through only Sections 1 and 3 will create a loophole allowing Members to act in such a way that they would be removed from their party allowing them to keep their seat rather than openly defect or resign their whip. This amendment will only work successfully in full and to pass this act in part opens the procedures of the house open to abuse.

Regarding the comments of the other members of the House, this is not an act of retribution, the inclusion of the subsections to the second provision were in fact brought about with the Member for North East Bedfordshire in mind. I have no quarrel with him and in fact wished to protect him from the proposed amendment. I should also like to take the opportunity to remind the members that this act is not retroactive, my amendments are not aimed at any one member but rather at holding MPs who renege on their commitments made at election time to account. Therefore the proposed amendment will not be altered.

 

Calum Douglas Wilson MP
Member of Parliament for Windsor

Parliamentary experience: Unknown (15)
Media experience: Unknown (7)
Policy experience: Unknown (8)


Charles Kinbote
(@charles-kinbote)
Member
Joined: 6 months ago
Posts: 54
01/03/2019 6:59 pm  

Mr. Speaker,

I stand in support of the bill, not the amendments proposed by the Member for Windsor. The Bill proposes to allow for a petition for a by-election to be held, when an MP has broken the law, or when an MP has been suspended from the House of Commons itself. This would allow a petition to be held, and if more than 10% of that MP's constituents sign it, then a by-election would be held in which that MP's constituents would have their say.

 

The proposal put forward by the Member for Windsor cuts out the petition process and forces a by-election on a constituentcy, whether they want one or not. This is a completely seperate issue. I understand the Member for Windsor's logic regarding MPs who voluntarily decide to defect or go independent, in that whilst our voters vote for us as an individual, I would say most of them vote for us because of the party that we belong to. 

 

However, we cannot have our cake and eat it - we, collectively, as voters, either vote for an individual or we vote for a party - we cannot do both, and if we are to keep the tradition that we vote for the individual MP themselves, when that MP defects or leaves the party voluntarily - then we do nothing regarding a by-election, for that MP's constituents have voted for the person, not the party.

We, also, must not allow ourselves to become too totalitarian. If an MP is kicked out of their party because of internal disagreement, because they broke a whip, or they have a different idea of what party policy should be, then again, there should be no forced by-election, for again, that MP was elected for their views as an individual.

However, if an MP is kicked out of their party because they have broken the law, or as the result of a suspension from the House of Commons itself, then they would already be subject to a petition under the rest of this Bill.

 

Furthermore, we must not allow this to become a draconion tool of opression of individuality - if we are to include defections, going independent and being kicked out of a party as valid reasons for recall we must not force a by-election on people. Give the people the right to decide whether they want a by-election because if one cannot gather 10% of an MP's constituents signatures, then there is no way that that MP will lose his or her seat in a by-election. Forcing a by-election on constituents who do not want one is not only a waste of time, but it is also a waste of money, and in this age of austerity and cuts, wasting money should not be what we are doing!

MP for Woking 2005 -

TOTAL EXPERIENCE 44

Parliamentary 20
Media 15
Policy 9


Dan
 Dan
(@dan)
Member A-team
Joined: 7 months ago
Posts: 139
01/03/2019 10:39 pm  

Mr speaker 

I thank the member for Windsor for his contribution and his amendment however the government will reject his amendments on this occasion. 

Dan

A-Team


Calum Douglas Wilson
(@calum-douglas-wilson)
Member
Joined: 6 months ago
Posts: 14
01/03/2019 10:41 pm  

Mr Speaker,

I request that the amendments be put before the house for division.

Calum Douglas Wilson MP
Member of Parliament for Windsor

Parliamentary experience: Unknown (15)
Media experience: Unknown (7)
Policy experience: Unknown (8)


Steve
(@steve)
Member A-team
Joined: 7 months ago
Posts: 283
02/03/2019 2:19 am  

Speaker

ORDER. The honourable member has moved his amendments formally. Division, clear the lobbies!

[Debate will be suspended for 24 hours while a division takes place on these amendments]

A Team


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