Risk-based Exclusion

Part of the debate – in the House of Commons am 6:55 pm ar 13 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Jacob Rees-Mogg Jacob Rees-Mogg Ceidwadwyr, North East Somerset 6:55, 13 Mai 2024

It is because we have become confused about the limits of exclusive cognisance. The House has exclusive cognisance about its own affairs, but acting as the whole House. Look at the case of the exclusion of Bradlaugh. That was an action of the whole House. What did we do when Bobby Sands was elected to Parliament? We changed the law so that people subject to a criminal sentence could not stand for Parliament. We did not try to set up some approvals committee that would decide who could put their name forward; we followed a proper constitutional process. To answer my hon. Friend, I am astonished that our learned Clerks, who must have advised on this, have allowed such an extraordinary power grab by Standing Orders to undermine a fundamental of our constitution.

I know that when Members of Parliament talk about privilege it sounds as if they are talking about themselves, but it is about our constituents’ right to be represented. They are not represented only by votes. Indeed, most of the time they are least represented by votes, which go the way of the Government majority, with one vote more or less not making a hap’orth of difference. They are marginally represented by written questions, but not much. I have given answers to written questions; sometimes they seem to be as unilluminating as possible. I always tried to improve the illumination where I could. The real representation is in this very room. It is not even in Westminster Hall or in Committee; it is in this great cockpit of debate. A cabal taking away that right is against the constitution.

I will make a couple of little points about the proposal. I do not have a strong view on whether the term should be “arrested” or “charged”, as long as the process is proper and constitutional. I think that it would be perfectly fair even if it was automatic, if it were done by a proper constitutional process. That is not really the issue, but I think that what is proposed is deeply unfair. I will point to two things.

First, the panel will not be given the name of the Member being risk assessed. Dare I say, tell that to the marines. We know in this place that it is inconceivable that a panel of two Deputy Speakers and a panjandrum would not know the name; we would all have been told it by the Lobby correspondents. That is how I find out everything that goes on here, usually from The Mail on Sunday, which has a hotline to what is going on. Those on the committee would know very soon, so that seems to me to be phoney, and not recognising reality.

Secondly, the report states that

“Members must not lobby the Panel…We carefully considered whether a Member subject to risk assessment should have the right to make representations”.

If someone is being risk assessed, how can they maintain that they are low risk if they are not allowed to represent themselves? I think it is extraordinarily unfair that they will be tried in absentia by a cabal, undermining the rights of their constituents. If we want to do this, let us find time for legislation, and let us do it properly.