Code of Conduct

Baroness Primarolo Excerpts

Monday 12th March 2012 Commons Chamber

[Madam Deputy Speaker (Dawn Primarolo)]

We now come to the debate on the code of conduct and on all-party groups. Motion 5 relates to the report of the Committee on Standards and Privileges on the revised code of conduct, which will be debated together with motion 6, which relates to all-party groups. Mr Speaker has selected the amendment in the name of Mr Charles Walker—

[Mr Greg Knight (East Yorkshire) (Con)]

And Lorely Burt.

[Madam Deputy Speaker]

And Lorely Burt. I call Mr Kevin Barron to open the debate.

[Mr Kevin Barron (Rother Valley) (Lab)]

I beg to move motion 5.

[Madam Deputy Speaker]

With this we shall discuss the following: Amendment (a) to motion 5 and motion 6 on all-party groups.

[Mr Kevin Barron (Rother Valley) (Lab)]

Thank you, Madam Deputy Speaker. As you rightly say, there are two motions on the Order Paper in my name. The first is the more important: it invites the House to approve a revised code of conduct. The House of Commons has long had resolutions covering conduct, but the idea of a code of conduct is relatively recent. It was not until 1995 that the House endorsed the principle of such a code. Since then, the code has been revised, in 2002 and in 2005. This is only the fourth version of the code since the first version was approved in 1996.

In approving the code of conduct today, the House will be setting the framework for the rules that will, I hope, last for the remainder of this Parliament and into the next. It is important to be clear about what the code is for. It is not a rule book that sets out precise instructions about what is and is not permissible in each case. As the commissioner has set out in a memorandum attached to our report, it is a document that establishes

“broad high-level principles in relation to the main areas of a Member’s conduct”

and

“provides a high-level statement of the specific rules to which Members will be held to account”.

All those who responded to the commissioner’s consultation supported this approach. Relying on detailed rules designed to meet every eventuality creates the risk that people will be encouraged to game the system. We have only to look at the creativity of tax avoidance schemes to see that. The code has a broader function: it helps us to ensure that we behave in a way that is consistent with the seven principles of public life—the Nolan principles, which are part of the code and which underpin its provisions. Where appropriate, the code is supplemented by more detailed statements of some of the rules, such as the guide to the rules, and the rules on the use of House facilities, but Members have ultimate responsibility for ensuring that they abide by the principles of the code.

The Parliamentary Commissioner for Standards has the task of reviewing the code and making recommendations to the Committee. In 2002, the Committee on Standards in Public Life recommended that this should be done once in each Parliament. Following the expenses scandal, we judged it better to defer a review of the code in the last Parliament, in order to give Members of the new Parliament an opportunity to review it in the light of experience.

The commissioner’s memorandum to the Committee sets out all the changes to the code clearly, and explains the reasoning behind each of them. Our report focuses on all the provisions that we consider most significant. Broadly speaking, the commissioner’s proposals have the effect of making the code clearer and removing some repetitions and infelicities. The most significant proposed change is in paragraph 2 of the code. The current code

“does not seek to regulate what Members do in their purely private and personal lives”,

but it does extend to their wider public lives. Our proposal is that the code will no longer apply to Members’ wider public lives. As the commissioner points out, Members’ behaviour in their wider public life will be policed by other regulatory bodies, and there will be no need for the House to intervene.

There is an important proviso to the exclusion from the code of private and personal lives or wider public life. Those areas should be excluded unless

“such conduct significantly damages the reputation and integrity of the House of Commons as a whole or of its Members generally.”

That is not an entirely new provision. Paragraph 15 of the present code stipulates that Members should

“never undertake any action which would bring the House of Commons, or its Members generally, into disrepute.”

Personal life is currently excluded from the code, but a Member’s wider public life is not. The code will extend only to conduct which

“significantly damages the reputation and integrity of the Commons as a whole or of its Members generally”.

That is a very high hurdle indeed.

--- Later in debate ---

[Mr Brady]

I am grateful—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. After putting a question to a Member, Mr Brady should wait for the answer before intervening again; otherwise, we lose the flow.

--- Later in debate ---

[Mr Barron]

rose—

[Madam Deputy Speaker]

Order. First, interventions should be brief. Secondly, I can see that many Members have the code of conduct with them, so the hon. Gentleman could have simply referred to the two paragraphs and the pertinent words in them.

[Mr Barron]

I will come back to that, if I may, but I want to carry on citing what the commissioner said in the memorandum, which the Committee accepted. He continued:

“But the conduct would need to be so serious and so blatant as to make it imperative that the House be given the opportunity to consider the damage done to the reputation and integrity of the House of Commons as a whole or of its Members generally.”

The code does not seek to judge the behaviour as right or wrong—only the effect it has on the reputation and standing of the House. In my view, that is a hugely important thing to defend in our democracy, particularly after the events of the last four years.

Let me deal with other issues that we need to look at. The Government are currently consulting on proposals to allow the House to decide whether or not to permit the opening of a recall petition in cases where the House considers a Member’s conduct warrants it. Does that mean purely in respect of their public life, or does it mean in their private or personal life as well? I think that we stray into these issues with the amendment, which is why I think the House would be better to stand back from it and have a look at things in the round at a later stage. Without a provision such as the one I am proposing, the House risks being either ineffectual, because the code does not allow it to deal with behaviour that everyone agrees is reprehensible, or arbitrary because it takes action even though such behaviour is not covered by the code. That seems to be the intention. The alternative is that we end up relying on legal semantics to decide whether something is still “purely personal and private”, which is absolutely not how the code should operate.

As our report says, this is a provision for extreme circumstances. It does not invite the Committee or the House to judge a Member’s purely private and personal relationships and will not be used to do so. This is not to turn the House into a moral arbiter, but to allow it to protect the integrity of Parliament. It is a judgment on the effect of a Member’s conduct on that vital objective, not a judgment on the Member’s morals.

I cannot support the amendment, but I can suggest an alternative, more appropriate, way forward. The commissioner consults the Committee on certain matters. For example, if someone is referred to the police because the commissioner is concerned about a police investigation that might have implications for the criminal law, the commissioner comes to the Committee and provides evidence to show why the referral should take place. We are then asked either to agree it or reject it. Paragraph 104 of the guide to the rules also makes it clear that the Committee expects to be consulted before accepting an investigation of a complaint against a former Member, a complaint that goes back more than seven years, or one where a member has asked the commissioner to investigate allegations without being the subject of a specific complaint. With a self-referral, the commissioner has to come before the Committee and ask our permission for this to take place. The commissioner is currently consulting on revisions to the guide to the rules.

Let me say to the House and to those who tabled the amendment that I would be happy to ask the Committee to consider adding consideration of complaints relating to a Member’s private and personal life to the category of matters for which the commissioner should not accept investigation without first consulting the Committee.