Privileges and Conduct Committee

Lord McConnell of Glenscorrodale Excerpts

Thursday 25th February 2016 Lords Chamber

[Lord Cormack (Con)]

I would just ask for a very small clarification from the Chairman of Committees. I may be wrong, but as I understood it, he said that if a Member on leave of absence was being investigated, it would have to be for something that he or she had done while they were not on leave of absence. But it seems to me that if a Member is on leave of absence, he or she remains a Member of your Lordships’ House. Therefore, if something that was done while that person was on leave of absence needs investigating, surely it should be open to investigation.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, I am deeply concerned by the recommendation in paragraph 7 and the explanation given for that recommendation. It seems to me that this would be a very strong incentive for Members to avoid investigation by simply retiring from your Lordships’ House. The committee should have considered instead—it will be interesting to see whether it has—either a procedure which would have introduced potential sanctions on former Members who were found to have been engaged in fraudulent or other activities, or suspension of any retirement or any right to retirement for those under investigation. I think that any member of the public reading this document would be astonished that we give people a “get out of jail free” card simply because it is more convenient for us to reduce the size of the House than to maintain the standards that we set.

[The Chairman of Committees]

My Lords, I am most grateful for the opportunity to respond to these questions and will do my best. The first question asked by the noble Lord, Lord Foulkes, was about where this came from. It came from within the committee. The committee has been extremely exercised about a number of what are perceived to be gaps or misunderstandings in the current arrangements.

--- Later in debate ---

[The Chairman of Committees]

My Lords, Members’ interests have to be declared other than at Question Time. It is not sufficient on other occasions simply to refer gaily to them. The noble Lord raises an interesting point, and it illustrates one of the committee’s concerns: if we try to specify what is on one side of the line and what is on the other, we get into difficulty because everyone’s circumstances are different and the subject matter is different. The report says that there is no guidance that will weaken our honour in these matters other than advising that we must ensure that our personal interests do not conflict with our public duties in this House. We have a duty to uphold that and, frankly, to be subject to scrutiny should there be questions about that in the future. Most noble Lords will recognise that in many ways this strengthens our position because it makes all of us have to fulfil our duties in this place.

The noble Lord, Lord McConnell, made a point about suspension, I think, and the difference when someone is on leave of absence.

[Lord McConnell of Glenscorrodale]

My point was not so much about the difference in approach as about the specific approach recommended in paragraph 7. In the justification, it is explained that Members will not be investigated if they choose to retire from the House, allowing everybody in your Lordships’ House a “get out of jail free” card should they be subject to investigation.

[The Chairman of Committees]

That is absolutely right. I am very grateful for the question because further thought is being given to that precise point and I hope that it will be possible to produce a report on that matter in the very near future.