Recall of MPs Bill — House of Lords, 2015-02-10
Topic: Law and Crime
John Eric Gardiner (Conservative, Centre-right): My Lords, Amendments 7 and 8 make a small change to Clause 3, which details the appeal period that must expire before a petition can open following an appeal by an MP against a criminal conviction or sentence that has met the first or third recall conditions. The Bill makes provision for the recall process not to begin until the appeal period has expired, which ensures that the MP has the opportunity to bring an appeal. In addition, an MP may bring a second appeal, including bringing a judicial review to the High Court, against a decision of a lower court in England and Wales, and also in Northern Ireland. The usual time limit for requesting a judicial review in England, Wales and Northern Ireland is three months. Judicial review is not available in Scotland in relation to a criminal law conviction. Such reviews are rare but the possibility that an MP may wish to bring a judicial review against the initial appeal would prevent the recall process starting until a further three-month period had expired, starting with the date the initial appeal is disposed of. This is the case even if no judicial review is brought. The recall process would be unable to start earlier even if the MP in question indicated that he or she did not intend to bring a judicial review, as the MP would have the right to change his or her mind Although the right of appeal is important, and an MP subject to the process must be guaranteed a fair hearing, the recall process must also meet constituents’ expectations. This amendment would ensure that the recall process could begin in good time once the initial appeal had been disposed of by limiting the period in which a second appeal could be brought to a maximum of 28 days or the usual period for an appeal to be brought, whichever was the shorter. Other, more common types of further appeal would, in any event, have to be brought within the 28-day period in order to be "in-time" appeals. I should note that all relevant appeals in Scotland have a time limit of 28 days or less The amendment does not preclude a judicial review being brought as a second appeal but simply limits the timeframe in which bringing a judicial review for a second appeal will stop the recall petition commencing. If that time passes without an appeal being brought, the recall process will begin. In the unlikely event that a judicial review was brought following an initial appeal and after the 28-day limit, it would not stop the recall petition process commencing. If the court overturned the conviction, the Speaker would have to order the early termination of the process under the provisions in Clause 13 Amendment 9 would alter Clause 4 to remove the requirement for the court to inform the Speaker that a former MP had been convicted and sentenced after the person had ceased to be a Member of Parliament. As drafted, the Bill requires the court to inform the Speaker if it convicts an MP and sentences the MP to be imprisoned, or if it convicts the MP of an expenses-related offence under the third trigger. This requirement stands, however, even if the MP has vacated the seat in the mean time, or after being convicted and before the appeal is heard, and is therefore no longer a Member of Parliament. That is an unintended consequence of the original drafting and would not serve a practical purpose. First, the Speaker would already know that the MP had vacated their seat and, secondly, the conviction would of course be irrelevant to the Speaker and the recall process. The amendment addresses that by clarifying that the court is not required to inform the Speaker where the person in question has ceased to be an MP. I beg to move.