Privileges and Conduct

Debate between Baroness Butler-Sloss and Lord Tugendhat

Thursday 15th November 2018 Lords Chamber

[Lord Tugendhat (Con)]

I have known the noble Lord, Lord Lester, for 60 years and declare at the outset that I should be very surprised if he were guilty of the offences alleged, but that is immaterial; I cannot know what happened, neither can any of us know what happened. My concern is entirely with the process by which the conclusion in this report has been reached. We have had a number of weighty and wise speeches, so I can be very brief.

I was worried as the debate began that the speeches of some contributors seemed more about whether we should support the process or whether we should be more concerned about whether the noble Lord, Lord Lester, had received a fair crack of the whip, as the noble and learned Lord, Lord Woolf, put it. Our priority must be to ensure that these allegations are properly investigated and tested and that both the complainant and the noble Lord, Lord Lester, are subjected to the most intense examination so that a view can be formed.

Whether or not our processes are fit for purpose is another matter. On the basis of the debate so far, I have come to the conclusion that, in matters of this kind, our processes are not fit for purpose. They may well be fit for purpose in allegations regarding expenses and things of that sort, but this is a very different sort of situation. We should have the courage to recognise that a process that is satisfactory in one set of circumstances is not satisfactory in this set of circumstances. I hope very much that, either as a result of the noble Lord, Lord Pannick, dividing the House, or as a result of the Senior Deputy Speaker withdrawing his Motion, it will be possible for a second look to be taken.

So far as the case against the noble Lord, Lord Lester, is concerned, it really does seem to me incredible—and I am not a lawyer—that such a serious matter can be concluded on the basis of a balance of probabilities and, as is said in paragraph 18, of the commissioner considering that,

“she was more likely than not to have been telling the truth”.

“More likely than not” and “balance of probabilities” seem wholly inadequate in a situation of this sort. We should, as far as possible, get beyond all reasonable doubt.

I also refer to the speech of the noble Lord, Lord Warner, who talked about his experience of cross-examination, and I should like to do the same. I remember vividly an occasion when I appeared before a Board of Trade inquiry—it was investigating not me but someone else—and gave evidence on oath. I was absolutely convinced that what I was saying was right; all the events had occurred many years before but I was convinced that my memory was serving me correctly. I remembered where the individuals had sat at the board meeting in question and what people had said. Under cross-examination, however, it was borne in upon me that, although almost all my recollections were correct, I had the date of the meeting wrong. I had no interest in giving false evidence. I was trying to help the inquiry. I got almost everything I remembered right, but I got the date wrong, and the date was a very material point. That is why it is simply not good enough for the commissioner to say:

“I considered that she was more likely than not to have been telling the truth”.


I am sure that the witness, or whatever the appropriate word is, was telling the truth, but that does not mean that she was right. That can be determined only as a result of cross-examination.

I will not delay the House any longer. The noble and learned Lord, Lord Woolf, said almost everything that could possibly have been said, in the most convincing fashion, and the noble Lord, Lord McNally, made a very powerful speech. I was certainly impressed by what the noble Lord, Lord Pannick, had to say. In this case, justice is not being done. That is not a judgment on whether the noble Lord, Lord Lester, is guilty or not, or on whether he or the complainant is telling the truth. My judgment is based on the fact that the noble Lord, Lord Lester, has not been given a fair crack of the whip. We owe it to the honour of this House and the honour of the noble Lord, Lord Lester, to ensure that he is given one.

Finally, in recent years a number of institutions, when dealing with questions of sexual harassment and other matters, have put the interests of the institution and its rules ahead of justice towards the individuals. There is a great danger that we are going to become too bound up in our own rules and too little concerned with the fate of the man at the centre of the allegations.

[Baroness Butler-Sloss (CB)]

My Lords, I feel impelled to add something because of the importance of this debate, although I appreciate that many other noble Lords have already spoken. I declare a number of interests. First, I have known the noble Lord, Lord Lester, for many years; he used to appear before me, and he is in fact a friend. I also know Jasvinder Sanghera quite well. She is a member of a commission on forced marriage which I chair, and I greatly admire the work that she has done with Karma Nirvana to move forward the work on behalf of women who are victims of forced marriage. As it happens, I also know the commissioner well, because she and I were fellow members of a panel appointing Queen’s Counsel which I briefly chaired. I have the greatest possible respect and admiration for her. I thought it was important to say that because they are basically the three important people about whom we are speaking.

For me, the issue here is not the guilt or innocence of the noble Lord, Lord Lester. That is why we are here, but this is a matter of principle and a matter of enormous importance, as a number of other speakers have said. The wider issue for this House is how it should arrange for allegations of serious misconduct attaching to the personal honour of a Peer, particularly in the contexts of not only sexual abuse but abuse of power, because that is the most important allegation—that he offered her the prospect of becoming a Peer. However, much more importantly, he is alleged to have said that if she did not sleep with him she would never become a Peer because he would stop that happening. If that is true, it is a very serious abuse of power and it affects this House.