Anne Main questions practicalities relating to Recall of MPs Bill

3rd November 2014

Speaking in a debate on the Recall of MPs Bill, Anne Main asks questions relating to the practicalities of the recall process.

Mrs Anne Main (St Albans) (Con): The Minister is outlining how long people have to respond to a petition. Given the concerns of the hon. Member for North Down (Lady Hermon) about potentially challenging some of the signatures, is there a length of time for which that will be open to a Member, or—mañana—could it be any time? How will Members know the rules governing the process?

Tom Brake: I suspect that Members will look at what happens in other elections, and at the parallels we have drawn between the petition process we are establishing and other elections. If I need to say more on that issue, I will contact my hon. Friend.

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Mrs Main: Currently, recognised parties have an imprinted logo on all leaflets to ensure that any leaflet that goes through a door can be traced. Will accredited campaigners have to band together under a logo? If not, how does one trace leaflets and associate them with expenditure on a campaign?

Tom Brake: I am not sure whether the hon. Lady is conflating having an imprint and identifying campaign groups that are working together in concert to fight against an MP. Under the rules on expenditure and the £10,000 limit, if two organisations are working together with a common campaign plan to try to get people to sign a recall petition, they will have to account for their expenditure collectively within that £10,000 limit. They cannot accumulate their expenditure. However, as we know from other elections, it is sometimes difficult to identify whether two campaign organisations are working together to oppose a particular candidate or party, because they might structure their campaigns in a way that is not entirely transparent.

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Mrs Main: The hon. Gentleman is making a valid point, in that those groups would have one aim: not to get themselves in, but to get the Member out. Therefore, it would be a much more powerful group than any the Member could field on their own behalf.

Thomas Docherty: I entirely agree. There is merit in further discussion about that because, as the hon. Lady says, unlike in a general election, where there would be three or four competing parties each pursuing a different goal—trying, I would hope, to get their own person elected—in this case three out of four political parties might be pursuing one goal and able to spend £30,000, while the fourth party, the party of the incumbent, would be pursuing the other goal.

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Mrs Main: Will the Member of Parliament still be working as a Member of Parliament during the period concerned? If people write to him saying “I want to know this from you in your capacity as my Member of Parliament”, does he have to declare the costs incurred for his staff or anyone who replies to any such letters? That really does need to be sorted out if we are to have a level playing field.

Thomas Docherty: The hon. Lady has asked an excellent question. It is not for me to speak for the Government—yet—but I understand that during the recall petition phase, a Member of Parliament will still be a Member of Parliament. I trust that the Minister will nod his assent to that. If the petition is successful, the seat will be vacated, and the person concerned will no longer be a Member of Parliament during the period leading up to the by-election.

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