Risk-based Exclusion

Part of the debate – in the House of Commons am 7:49 pm ar 13 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Michael Ellis Michael Ellis Ceidwadwyr, Northampton North 7:49, 13 Mai 2024

My hon. Friend has made his point, and I am conscious of your admonition about time, Madam Deputy Speaker, so I will move on.

I would say that the bar—the legal test—for a constable arresting an individual is necessarily very low. A mere suspicion is sufficient, or what is called a reasonable belief. That belief could turn out to be wrong, and many people arrested are never charged, while in fact many people who are charged are never convicted. This is not about MPs; it is about the principles of justice, at least it is for me. To admonish or to punish individuals in relation to their work in the public interest, which is what MPs of course do, on arrest is wrong. It may also very well encourage malicious complaints, and let us not forget that there is a history of that.

I will cut my remarks short, bearing in mind your admonition, Madam Deputy Speaker. I want to emphasise that my remarks, coming as they do from a lawyer, are necessarily perhaps rather legalistic and constitutional, but they are no less passionately held. I have great respect for those on both sides of the House who have spoken as they have. We all care about justice, we all care that right is done for all and we care about victims being treated properly. However, in my respectful submission, we must avoid breaching long-established rules of natural justice, which are part of our constitution. Otherwise, history will look back on us as it does on other periods of historical unfairness and injustice. We must maintain our historic fairness. I support the Leader of the House’s motion.