Part of the debate – in the House of Commons am 6:36 pm ar 13 Mai 2024.
I rise to speak as Chair of the Procedure Committee. We have looked at various iterations of risk-based exclusion since we were first presented with the Commission’s proposals in 2022. The decision of when exclusion should apply is not easy. Although I fully support the idea that we should have some form of risk-based exclusion, the point at which it is triggered is a matter for debate. Members on both sides will put forward very persuasive arguments, but I have to say that, based on the evidence heard by the Committee and the safeguards that will be put in place, I err towards the trigger being at charge, rather than arrest.
Charge is a public point, whereas arrest is not public. It is very difficult to see how Members of Parliament who are excluded but not publicly named could maintain their anonymity. People will see that they have a proxy vote, and they will therefore wonder whether they are on baby leave or long-term sick. It will become clear that the Member has been excluded from the precincts.
Charge is public—it is known and it is very clear that it has happened—and it is a very high bar. We have concerns, and there were concerns in the evidence given to the Committee, about when arrest might happen. I appreciate that we are talking about serious sexual and violent offences, and it is unlikely that an arrest would be made on a spurious, vexatious accusation, but it is possible. Across the United Kingdom, arrest can happen at different points, depending on the force and the legal system. Charge therefore makes it clear that there is a very serious allegation that warrants the matter being taken further.