Code of Conduct

Debate between Lord Campbell of Pittenweem and Kevin Barron

Monday 12th March 2012 Commons Chamber

[Mr Barron]

Well, I thank the hon. Gentleman for the speech. He is a hard-working member of the Committee, as well as a member of other Committees that look into standards in public life. He is well worth listening to.

[Sir Menzies Campbell (North East Fife) (LD)]

I apologise for not being in my place for the start of the debate; I was rather taken aback by the speed of previous proceedings. Let me try to put it this way. Building on what the right hon. Gentleman said a few moments ago, would he accept that the purpose of paragraph 16A is to create a presumption against investigation of private life unless the Committee determines in its judgment that such an investigation should take place?

[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 If it is withdrawn, it will be perfectly possible to return to the issue when the revised guide to the rules comes before us in the not-too-distant future.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.