Privileges and Conduct Committee

Debate between Lord Foulkes of Cumnock and Viscount Hailsham

Monday 17th December 2018 Lords Chamber

[Viscount Hailsham]

I recognise that lawyers are not the most popular members of the community. When I started in the law, it was held that it was better by far that guilty persons should go free rather than that an innocent person should be convicted. I believe that that remains the proper approach. We are now at serious risk of reversing that proposition. Perhaps society appears willing to tolerate the risk of the innocent being convicted so that all of those supposed guilty are caught in the net.

Our stated objective, as set out in the Guide to the Code of Conduct, is to ensure that allegations against Members are handled in a way that accords with the principles of natural justice and fairness. I do not believe that our present procedures do that. Indeed, they could get worse.

[Lord Foulkes of Cumnock (Lab)]

I am not seeking to speak in this debate because I think this debate is serving no purpose whatever. The Senior Deputy Speaker has moved his Motion and we will not divide on it. As I understand it, there will be a review of the whole procedure, in which we will all be given the opportunity to make recommendations and suggestions. Why are we continuing with this—albeit erudite—completely irrelevant debate, when we have counterterrorism to deal with and then a Statement on Brexit?

[Viscount Hailsham]

It is never irrelevant to assert the importance of natural justice and fairness, and that is what I am doing. I am deeply concerned by the comment in the further report, which states that,

“cross-examination may be inappropriate for dealing with complaints of sexual harassment”.

On page 19 of the further report, it is stated that future changes in procedure for the investigation of sexual misconduct will recommend improvements aimed at providing better support for the complainant rather than for the Member. I welcome the former commitment but not the latter. We must be careful not to compensate for perceived historic injustices by creating future traps for the innocent. I believe that the procedures now in place expose Members of this House against whom allegations are made to the risk of serious injustice. We must be willing to look at those procedures again, with a view to ensuring that the principles of fairness and natural justice are respected.