Privileges and Conduct Committee

Debate between Lord Butler of Brockwell and Lord McFall of Alcluith

Monday 17th December 2018 Lords Chamber

[The Senior Deputy Speaker]

Perhaps it was translated into an email as well, but I read it. In fact, I read it again in the Times of 13 December and I read the reply of the noble Baroness, Lady Jay, of 15 December. Then, this morning at 5.30 am, I read the reply of the noble Lord, Lord Thomas of Gresford. What does that indicate? It indicates that there is a lively debate. The point that the noble and learned Baroness is making, on procedure, is for the future, and she can be assured that it will be taken on board.

The noble Baroness, Lady Jones, asked about access rights for Lord Lester. That is a matter not for the Privileges and Conduct Committee but for the House of Lords Commission, which will meet on Wednesday.

The noble Lord, Lord Butler, asked about procedures. The role of the House is to satisfy itself that its own procedures are set down in the code and the guidance to be followed. Those procedures were established in 2009 in the Leader’s Group by the noble and right reverend Lord, Lord Eames. Since then, I believe that there have been seven revisions and, as has been mentioned, when there is a general election we have to sign up to that code. So since 2009 there have been 10 opportunities for people to comment on the procedures. Given the highlighting of the debate here, I urge Members to put their comments in, because the Privileges and Conduct Committee will be looking at the independent complaints and grievance procedure recommendations in the new year.

[Lord Butler of Brockwell]

Sorry to interrupt the noble Lord, but is it not the point of the Motion today to approve the report on Lord Lester? It is not about future procedure.

[The Senior Deputy Speaker]

There are two issues here. There is a point about future procedure and shall deal with that. Separately, there is the Motion to approve the P&C report today, which I hope people will agree to. Those two issues are very separate.

Privileges and Conduct

Debate between Lord Butler of Brockwell and Lord McFall of Alcluith

Thursday 15th November 2018 Lords Chamber

[The Senior Deputy Speaker]

I am being told that I could give an answer but I am advised that it is not a matter for me to refer to. In his comments on 20 May 2009, the noble Lord, Lord Lester, took the issue of the European courts into consideration in looking at the case and appeals of the four Members accused of taking money from the Sunday Times. It is good to look at that.

As I mentioned, other committee members said that we cannot criticise the independent commissioner. She followed the procedures set down by this House and kept under review by the committees of this House, not least the sub-committees. I invite the House to reflect on why we have an independent commissioner. We have one to build public trust in the House as an institution and because one of the principles of natural justice is having an impartial decision-maker. The House deliberately delegated active investigation and assessment to an independent commissioner; it would be wholly wrong for the House to seek now to substitute the commissioner’s conclusions with its own.

[Lord Butler of Brockwell (CB)]

My Lords, is that not the whole purpose of this debate? We are here to reach a judgment on the commissioner’s report.