Code of Conduct

Debate between Lord Blunkett and Kevin Barron

Monday 12th March 2012 Commons Chamber

[Mr Barron]

Yes, I understand that point, but I fear that the intention could be misinterpreted. I fully understand the issue that the right hon. and learned Gentleman raises, and I hope that the hon. Member for Broxbourne will tell us about the amendment in more detail. If it is withdrawn, it will be perfectly possible to return to the issue when the revised guide to the rules comes before us in the not-too-distant future. That revision to the guide will be more detailed than what appears in the current three-page code of conduct, which is out for consultation. If the Committee itself has not proposed that the commission should consult before opening an inquiry into personal and private matters, the House could insert such a provision, but I feel that the provision would be more helpful in the guidance than in a code of conduct that tends to contradict elements of it.

The other important clarification is the introduction of a new paragraph 15 making it clear that Members are personally responsible for the extent to which their use of expenses and allowances accords with the rules. Clearly there is nothing new in that. The current Members’ handbook warns Members that the facilities and services of the House are provided to assist Members in their parliamentary work and should be used appropriately.

Defining parliamentary purposes is, of course, not easy. Members’ roles are various, and we are, with very rare exceptions, elected as party candidates and uphold our parties in Parliament. That is very different from using public funding for party campaigning, or to support party organisations. Having considered the definition extremely carefully, the Committee recommends that the rules make it clear that public money should not be used to

“confer undue advantage on a political organisation”.

Most of the other changes consist of clarifications and re-ordering to make the code more coherent. One change that has attracted some comment is the proposal to remove paragraph 12 of the code, which refers to the need to be open and frank with Ministers, Members and officials. We suggest that it should be included in a new paragraph 13, which would also cover the declaration and registration of interests in the House. That would make it clear that Members should

“always be open and frank in drawing attention to any relevant interest in any proceeding of the House or its House or its Committees, and in any communications with Ministers, Members, public officials or public office holders.”

That is a clarification rather than a substantive change. Its roots lie in one of the more painful cases that the Committee has had to consider: the so-called Lobbygate, in which Members were drawn into discussing jobs that they might undertake after they had left the House. One of the cases arising from that involved the failure of my good friend Mr Richard Caborn to declare an interest in a meeting with the chairman of a health authority. At the time, it was argued that the rules governing declaration did not cover such cases, as the person concerned was not a Minister or a civil servant. Our judgment was that the spirit of the rules was clear: their purpose was to ensure that Members were transparent in their dealings with people who might be in a position to influence public policy or the spending of public money. However, we believed that the rules could be better expressed, and these changes achieve that.

One of the great sadnesses involved in dealing with standards cases is that we must deal with what comes before us. The Committee cannot simply refuse to look into a matter because it was a case of entrapment or a single transgression in a distinguished career, and there are a limited number of sanctions that it can recommend to the House. It is a mark of the respect and affection in which Richard Caborn is held that extremely senior people have asked the Committee to reconsider his case. We have considered the matter carefully on more than one occasion, but ultimately we decided that we had considered the rules carefully at the time of our original finding.

It may help, however, if I discuss some of the matters that were set out clearly in the original report and debate. The commissioner and the Committee agreed that the breach of the rules was inadvertent. As I said at the time, the penalty that we proposed was

“intended to be light, because we recognised that Mr Caborn did not intend to breach the rules or to bring the House or its Members generally into disrepute.”

An inadvertent slip should not obscure Mr Caborn’s long record of distinguished public service, and I hope that it does not do so.

[Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)]

As one of those who made representations to my right hon. Friend on behalf of my former colleague the then Member of Parliament for Sheffield, Central, I welcome the tenor and nature of his speech. Does he agree that in future, and specifically in the guidance that is to be offered, there should be absolute transparency about the operation of the Committee and about basic rules of fairness? For instance, should the guidance not make clear what is a constituency matter and what is not? Richard Caborn has rightly argued that that was a problem in the interpretation of the previous rule.

[Mr Barron]

I do not want to go into any great detail, but the changes in the code are intended to do precisely that. They are intended to clarify areas so that they are not open to interpretation—or, some would argue, misinterpretation—in years to come.

The code does not need radical revision, but it does need to evolve to meet the changing expectations and circumstances of not just the House of Commons but the public outside, and, as I have said, it needs to be as clear as possible. On behalf of the Committee, I thank the commissioner for his thorough consideration of the code and the work that he has done to produce a clearer, more coherent document, which I commend to the House. I hope that those who tabled the amendment will reconsider their position, but we will be able to revisit it. The guidance will reassure the House that no commissioner will be able to forage into areas that would be unfair on Members of Parliament, and I hope that that will be acknowledged.

I also hope that the second motion will prove entirely uncontroversial. It introduces an additional register to record the interests of those who provide secretariats for all-party groups. It will deal with an anomaly between the registration requirements for staff of all-party groups and those for Members’ staff. It will make the arrangements easier to administer, and will reduce the risk that, owing purely to inadvertence, interests will not be registered. The proposal is the result of a paper from the Registrar of Members’ Financial Interests, and the Committee is grateful to her for it. The staff of all-party groups are currently required to register only income from employment, whereas secretaries and research assistants are also required to register gifts, benefits and hospitality. The motion proposes that the registration requirements should be the same for both groups.

The motion also proposes the transferring of the requirement to register to the staff member from the Member who is the registered contact for the all-party group, who may not be closely involved in the group’s administration. That would make it easier to ensure that the registration requirements are complied with, as the relevant forms can be issued with pass applications, and it will not be necessary for an officer of the group to take such action. As Members may know, the Speakers of the two Houses have set up a bicameral working group to consider all-party groups. I am a member of it, as are others who are in the Chamber this evening. There may be more changes to come, but there is no need for us to delay this change.

I trust that the House will approve my modest proposal to streamline and tighten the registration requirements for staff of all-party groups. Indeed, I hope that it will agree to both motions. I look forward to ending any misgivings relating to one of the reports at a later stage in our proceedings.