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Proceeding contribution from Sam Gyimah (Conservative) in the House of Commons on Tuesday, 24 March 2015. It occurred during Debate on bill on Recall of MPs Bill.


Recall of MPs Bill

The amendments in this group relate to the circumstances that would trigger a recall petition. They were tabled by the Government in the House of Lords to ensure that the important changes made to the Bill in this House are reflected throughout the Bill, ensuring that the legislation works in practice. The Prime Minister made it clear that the Government would be open to Parliament changing and improving this Bill, and that has happened. We had a free vote on amendments brought forward on Report, and I am pleased that the provisions have been strengthened as a result.

Honourable Members may recall that on Report in this House, Members voted to add to the provisions in the Bill to trigger a recall petition following a conviction for expenses-related offences under section 10 of the Parliamentary Standards Act 2009, irrespective of sentence. The House also changed the second trigger so that a recall petition would be opened if an MP were suspended on the recommendation of the Standards Committee for 10 or more sitting days, rather than the 21 or more sitting days in the original Bill. As only the lead amendments were moved at that time, the Government tabled amendments in the House of Lords—amendments 1 to 6, 8, 9, 12 to 15, 17, 21 and 22—which are required to give full effect to the changes.

Amendment 7 gives effect to an amendment agreed in this House to ensure that offences committed before the Act comes into force can trigger the opening of a recall petition so long as the conviction and sentencing take place after the Act comes into force. Amendments 10 and 11 further define the allowable appeal period in the case of a conviction that would trigger the opening of a recall petition under the first or third recall condition. That ensures that an MP has the opportunity to appeal against a conviction, but that the recall petition process can also begin in a timely manner. Amendment 27 is a technical amendment, clarifying the definition of “overturned on appeal”. Amendment 16 corrects a minor oversight, by removing the requirement for the courts to inform the Speaker of a sentence that would

lead to recall if the person in question had already ceased to be an MP—in such circumstances, it is clearly no longer necessary for the Speaker to be informed.

The amendments in this group are therefore largely consequential and technical, and give proper effect to changes that were made with considerable support in this House. I look forward to the debate on these amendments, which I commend to the House.


Secondary information

Type
Proceeding contribution
Reference
594 cc1334-5 
Session
2014-15
Chamber / Committee
House of Commons chamber
Subjects
Expenditure Electoral Commission Misconduct Members Recall petitions
Legislation
Recall of MPs Bill 2014-15
Link
View this Proceeding contribution on www.publications.parliament.uk