Referral of Prime Minister to Committee of Privileges

Debate between Christine Jardine and Robert Neill

Thursday 21st April 2022 Commons Chamber

[Sir Robert Neill]

I am grateful to my hon. Friend for his observations. That brings me on to the point that I was about to make. The subject of the motion is not of itself the fixed penalty notice that was accepted by the Prime Minister, or any of the other fixed penalty notices. It is, as is rightly said, the question of whether there was a deliberate misleading of the House. I think that that is the common ground. Of course, the fixed penalty notices are part of the factual background that gives rise to that, and he is quite right to say that the Justice Committee was critical of the fixed penalty regime that was brought in on a number of counts, and in particular of the confusion that existed in many people’s minds—ordinary individuals whose cases would never be the subject of any comment in this House or in the media—of the distinction, or non-distinction sometimes, between guidance and law. We were critical of that, and critical also of the use of fixed penalty notices for what were specifically described—it is worth putting this on the record—as criminal offences.

I took the trouble to look again at the regulations. The original regulations, the Health Protection (Corona-virus, Restrictions) (England) Regulations 2020, which were amended shortly before the incident with which we were concerned, specifically set out in terms that a failure to comply with a restriction under the regulations creates an offence, and the word “offence” is specifically used in the regulation.

We should not minimise that. We should not say, “This is a civil matter. This is equivalent to a parking ticket.” It is not. That is a simple question of fact. The Ministry of Justice accepted that in the statement it made when the regulations were brought in, and the Justice Committee, in carrying out that inquiry, heard that from the noble Lord Wolfson of Tredegar and Sir Jonathan Jones QC, the former Treasury Solicitor when they gave evidence to us. That is common ground.

I will equally accept, as I am sure anyone else with experience in legal matters would, that within the range of fixed penalties, a fixed penalty notice of £50 is at the lower end of the scale of available penalties. The Select Committee raised the question whether the level of fixed penalty notices imposed were appropriate to be dealt with via fixed penalty rather than fine, but that is by way of background. That is all very well. We are dealing with something that was an offence. Accepting the fixed penalty discharges and deals with a criminal matter, but it does not change its nature, so we should not try to minimise it, and I do not.

I will say, without having come to a final decision about the Prime Minister’s position, that I am profoundly disappointed in what happened at No. 10 Downing Street. People were badly let down. My constituents feel badly let down. I feel personally badly let down by what happened. There must be consequences that follow from that. I think anyone would accept, in fairness, that what that consequence is depends on an ultimate assessment of the measure of culpability. That is why I would prefer, both in making my personal decision and ultimately in the House’s making a decision, to wait until we have the full evidence and information before us.

Had the amendment in the Government’s name been moved, I would happily have voted for it, because I think that full evidence includes not just the conclusion of the police investigations and the issuance or otherwise of any other fixed penalty notices, but the content of the Sue Gray report. As anyone will appreciate, the Sue Gray report is likely to include material that gives background and context beyond the strict requirements of the statement of facts that go with a fixed penalty notice. It is important to have that.

[Christine Jardine (Edinburgh West) (LD)]

rose—

--- Later in debate ---

[Sir Robert Neill]

Yes, and I agree with my right hon. Friend in that respect. It was unfortunate—I say no more than that—that the way the police investigation has been handled has led to a delay that may not have been needed in terms of prejudicing any ongoing investigations. As a matter of fact, I believe the report should be published in full at the earliest possible opportunity.

[Christine Jardine]

The hon. Gentleman is making a very sound legal argument, and I acknowledge where he is coming from. Does he agree that, in politics as in life, very often there comes a point where one needs one’s closest friends, one’s strongest allies, one’s wisest counsel, to put a hand on one’s shoulder and say, “Enough. What you’re doing now is going too far. It’s damaging yourself, in this case your party, and potentially the country. Stop. That is what is in the best interest.”?

[Sir Robert Neill]

That was a little more of a mini speech than an intervention. I will simply say this: I will speak for myself and the advice I give to my friends, my constituents and this Chamber. As I have made clear, I would have preferred to have the Sue Gray report as well as all other material before taking a decision on reference to the Committee, but I will not stand in the way of this unamended motion, because matters of important public interest arise.

Personally, I will withhold my final decision until I have all that material. You will understand, Mr Speaker, an obvious reason for that: a course of conduct may very properly attract a different judgment and different consequences from an isolated incident, particularly if it were one that were immediately admitted to and no more occurred. That context will be really important to me, and ultimately I think it will be important to this House, to the broader community and to the country as a whole.

That is my word of caution. That is why I would have supported the amendment and I understand and appreciate the spirit in which the Treasury Bench brought it forward, but I will not stand in the way of this motion’s proceeding, because there are important issues at hand. I will then, in due course, reach my final conclusion, and when I do, I will not be backwards in coming forwards about it. However, I hope I will manage to do so loyally, but, in the way I have tried to do politics, in a spirit of genuine calmness, based on the facts and the evidence. At the end of the day, the country deserves an assessment based calmly upon the evidence and the facts, applied to the relevant tests of this House or the other appropriate bodies.