§ 3.40 p.m.
§ Mr. William Hamilton (Fife, Central)I beg to move,
That leave be given to bring in a Bill to provide for the disqualification of Members of the House of Commons on account of failure to attend the House without reasonable cause.My purpose is to attempt to treat Members of this House no more favourably than local councillors in terms of attendance at their place of work in national or local government and thereby help to remove the impression widely held outside that this is still the best club in Britain, that it does all in its power to protect its own Members no matter how badly they attend or behave, and that we are a bunch of men and women "on the make".Let me remind the House of the provisions of the Local Government Act 1933. Section 63 of that Act includes this provision:
If a Member of a local authority fails throughout a period of six consecutive months to attend any meeting of the local authority, he shall, unless the failure was due to some reason approved by the local authority, cease to be a member of the authority".Subsection (2) of the same section provides for the loss of mayoralty by a mayor if for any reason other than illness he is absent for a period of two months.The case which I have in mind must be troubling every Member of this House. I refer, of course, to the right hon. Member for Walsall, North (Mr. Stonehouse). That case is also exercising the minds and whipping up the anger of people outside this House across the whole political spectrum. I do not say, and would not be allowed to say, anything which might prejudice any legal proceedings on a matter which I presume must be regarded sub judice. You, Mr. Speaker, quite rightly would not allow me to say anything which might prejudice or attempt to prejudice any further criminal proceedings in this matter.
I am concerned solely with the good name, the dignity and the prestige of this House. I believe that the attitude of the right hon. Member for Walsall, North towards this 339 House and our official reaction to it have done immeasurable harm to this institution. He has cocked successive snooks at us, and we have shown ourselves incapable of dealing or unwilling to deal with the matter or uncertain about how to deal with it. We have been bedevilled and bemused by the tradition that absence from this House, for however long a period and for whatever reason, was not in itself disbarring to continued membership. I think that the time has come to re-examine that cosy hangover from bygone days.
Before dealing with the main provisions of the Bill, let me put on record a few facts as we approach the Summer Recess. The Member of Parliament in question has been absent from this House for six months and more, having been elected to do a job which plainly he has not done and did not intend to do.
Second, in that time the right hon. Member has received, and is receiving, all the cash and expenses to which a Member of this House is entitled—some of it in advance—and probably is now waiting for the increase which is imminent.
Third, the right hon. Member could continue to exist in these circumstances until the next General Election, whenever that might be.
Fourth, there are consequential burdens upon the right hon. Member's colleagues in carrying out his parliamentary duties and there are consequential burdens also upon the taxpayers, who are footing the bill.
Fifth, the right hon. Member's constituents remain disfranchised.
Sixth, there has never been a word of contrition or apology from the right hon. Member for what he has done.
Seventh, debates in this House on the matter have been deferred, delayed or avoided for allegedly sound legal and constitutional reasons, and to outsiders they all seem to constitute no more than excuses for doing nothing about the situation.
In strictly legal terms, I suppose the Government's case might be sound. But the time is now overdue for this House to act, and I believe that the measure which I propose is an acceptable, short, 340 interim measure which should be introduced by the Government before the Summer Recess.
Let me outline briefly what I propose. First, all Members of Parliament elected in or since October 1974 should be obliged to sign on from Monday to Thursday, and perhaps even on Friday—I should be prepared to accept that amendment in Committee. The House of Lords does so. It is done at Strasbourg. There is no reason why we should not start here.
Second, no Member of Parliament should be paid for days on which he is absent without cause acceptable to the House, such cause to be put in writing to the Leader of the House and put before the House for debate, if need be.
Third, any Member of Parliament absent for more than three months, for whatever reason other than because of engagements on parliamentary business, should automatically be expelled from the House.
Fourth, when there has been continuous absence for a period of one month or 30 sitting days, all payments to such Members should be frozen until the House was satisfied that the reasons for absence were acceptable to the House.
Fifth, the Bill should be retrospective to 1st June 1975.
I believe that this is a very reasonable set of propositions which my right hon. Friend the Leader of the House will be glad to accept and bring in a Bill next week to enact.
§ Mr. Evelyn King (Dorset, South)rose—
§ Mr. SpeakerDoes the hon. Member for Dorset, South (Mr. King) wish to oppose the motion?
§ Mr. KingYes, Mr. Speaker. I rise to oppose the Bill purely on the spur of the moment.
The weakness of the case advanced by the hon. Member for Fife, Central (Mr. Hamilton) is that his entire argument rests upon the case of one man, the right hon. Member for Walsall, North (Mr. Stonehouse). This is no adequate case upon which to base an Act of Parliament, and he cited no other argument.
Forgetting for a moment the right hon. Member for Walsall, North, who is better 341 forgotten, what the hon. Member for Fife, Central is saying is that any Member of Parliament who is absent for three months should be expelled—
§ Mr. William HamiltonYes.
§ Mr. KingI suggest that that would be a foolish step to take. One has only to look back in history to see how many Members have refused for conscientious reasons to take their seats. Should we go along with the thinking of the hon. Member for Fife, Central, we should deprive elected Members of something to which they are entitled and which sometimes has been of great value to them and to just causes.
I can visualise a Member who does not believe in the Monarchy, who, when elected, is unwilling to swear the Oath of Allegiance, and who, therefore, absents himself from the House. I should not have any sympathy for such a Member, but I insist that the eccentric view has the right to be maintained in that way. That is an argument which might perhaps
§ appeal to the hon. Member for Fife, Central more than most.
§ I can imagine Members being ill. I can imagine Members who fought in the last war and were absent on active service for more than three months. I do not think that many people would have been willing to accept that such Members should be expelled after three months.
§ I suggest that even a moment's thought will show that, forgetting altogether the colleague whom the hon. Member for Fife, Central has in mind, in general terms, looking at history, looking at likely eventualities, and having in mind liberties which require protection, this would be an extremely foolish measure for the House to pass.
§ Question put, pursuant to Standing Order No. 13 (Motions for leave to bring in Bills and nomination of Select Committee at commencement of Public Business):—
§ The House divided: Ayes 94; Noes 90.
343| Division No. 280.] | AYES | [3.50 p.m. |
| Anderson, Donald | Grocott, Bruce | Parry, Robert |
| Archer, Peter | Hamilton, James (Bothwell) | Penhaligon, David |
| Ashley, Jack | Hardy, Peter | Price, C. (Lewisham W) |
| Bates, Alt | Hayman, Mrs Helene | Price, William (Rugby) |
| Bean, R. E. | Heffer, Eric S. | Radice, Giles |
| Beith, A. J. | Hooson, Emlyn | Richardson, Miss Jo |
| Bennett, Andrew (Stockport N) | Horam, John | Roderick, Caerwyn |
| Blenkinsop, Arthur | Hoyle, Doug (Nelson) | Rodgers, George (Chorley) |
| Bottomley, Rt Hon Arthur | Huckfield, Les | Rooker, J. W. |
| Callaghan, Jim (Middleton & P) | Jenkins, Hugh (Putney) | Roper, John |
| Cartwright, John | Johnson, Walter (Derby S) | Shaw, Arnold (Ilford South) |
| Clemitson, Ivor | Kaufman, Gerald | Silverman, Julius |
| Cohen, Stanley | Kilroy-Silk, Robert | Skinner, Dennis |
| Cook, Robin F. (Edin C) | Kinnock, Neil | Small, William |
| Cox, Thomas (Tooting) | Lambie, David | Smith, Cyril (Rochdale) |
| Cryer, Bob | Lee, John | Snape, Peter |
| Davidson, Arthur | Lewis, Ron (Carlisle) | Spriggs, Leslie |
| Dean, Joseph (Leeds West) | Lipton, Marcus | Steel, David (Roxburgh) |
| Dunlop, John | Lomas, Kenneth | Thorne, Stan (Preston South) |
| Edge, Geoff | Loyden, Eddie | Tierney, Sydney |
| Edwards, Robert (Wolv SE) | Mabon, Dr J. Dickson | Urwin, T. W. |
| Evans, Fred (Caerphilly) | McCartney, Hugh | Walker, Terry (Kingswood) |
| Evans, Gwynfor (Carmarthen) | McCusker, H. | Watkins, David |
| Evans, Ioan (Aberdare) | Madden, Max | Wellbeloved, James |
| Femyhough, Rt Hon E. | Marks, Kenneth | White, Frank R. (Bury) |
| Flannery, Martin | Maynard, Miss Joan | Wigley, Dafydd |
| Fletcher, Ted (Darlington) | Meacher, Michael | Wise, Mrs Audrey |
| Fowler, Gerald (The Wrekin) | Mikardo, Ian | Wrigglesworth, Ian |
| Freeson, Reginald | Newens, Stanley | |
| Garrett, John (Norwich S) | Noble, Mike | TELLERS FOR THE AYES: |
| George, Bruce | O'Halloran, Michael | Mrs. Millie Miller and |
| Graham, Ted | Palmer, Arthur | Mr. A. W. Stallard. |
| Grant, George (Morpeth) | Pardoe, John | |
| NOES | ||
| Amery. Rt Hon Julian | Body, Richard | Chalker, Mrs Lynda |
| Baker, Kenneth | Boscawen, Hon Robert | Clarke, Kenneth (Rushcliffe) |
| Benyon, W. | Bottomley, Peter | Conlan, Bernard |
| Berry, Hon Anthony | Brown, Sir Edward (Bath) | Cooke, Robert (Bristol W) |
| Bitten, John | Burden, F. A. | Cormack, Patrick |
| Biggs-Davison, John | Butler, Adam (Bosworth) | Cordle, John H. |
| Davies, Rt Hon J. (Knutsford) | Luce, Richard | Shersby, Michael |
| Douglas-Hamilton, Lord James | McGuire, Michael (Ince) | Silvester, Fred |
| Fairgrieve, Russell | Mather, Carol | Sims, Roger |
| Farr, John | Miller, Dr M. S. (E Kilbride) | Skeet, T. H. H. |
| Fletcher-Cooke, Charles | Miscampbell, Norman | Spicer, Michael (S Worcester) |
| Fox, Marcus | Moate, Roger | Sproat, Iain |
| Fraser, Rt Hon H. (Stafford & St) | Molyneaux, James | Stradling Thomas, J. |
| Freud, Clement | Monro, Hector | Taylor, R. (Croydon NW) |
| Garrett, W. E. (Waltsend) | Montgomery, Fergus | Taylor, Teddy (Cathcart) |
| Gower, Sir Raymond (Barry) | Morrison, Hon Peter (Chester) | Townsend, Cyril D. |
| Grimond, Rt Hon J. | Neave, Airey | Tuck, Raphael |
| Harrison, Col Sir Harwood (Eye) | Neubert, Michael | Wainwright, Richard (Colne V) |
| Harvie Anderson, Rt Hon Miss | Page, John (Harrow West) | Wakeham, John |
| Hawkins, Paul | Page, Rt Hon R. Graham (Crosby) | Wall, Patrick |
| Hutchison, Michael Clark | Parkinson, Cecil | Weatherill, Bernard |
| James, David | Peyton, Rt Hon John | Wiggin, Jerry |
| Jessel, Toby | Powell, Rt Hon J. Enoch | Winterton, Nicholas |
| Jopling, Michael | Pym, Rt Hon Francis | Wood, Rt Hon Richard |
| Kershaw, Anthony | Renton, Rt Hon Sir D. (Hunts) | Young, Sir G. (Ealing, Acton) |
| Kllfedder, James | Ridley, Hon Nicholas | Younger, Hon George |
| Kimball, Marcus | Rifkind, Malcolm | |
| Lamont, Norman | Roberts, Michael (Cardiff NW) | TELLERS FOR THE NOES: |
| Leadbitter, Ted | Rodgers, Sir John (Sevenoaks) | Mr. Evelyn King and |
| Le Marchant, Spencer | Ross, William (Londonderry) | Mr. Ian Gow. |
| Lester, Jim (Beeston) | Shaw, Giles (Pudsey) | |
| Loveridge, John | Shelton, William (Streatham) |
§ Question accordingly agreed to.
§ Bill ordered to be brought in by Mr. William Hamilton, Mr. Bob Cryer, Mr. Stan Thorne, Mr. Robin F. Cook, Mr. A. W. Stallard, Mr. Dennis Skinner, Mr. Bruce George and Mrs. Helene Hayman.
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- HOUSE OF COMMONS DISQUALIFICATION (AMENDMENT) 55 words