Privileges and Conduct
Debate between Lord McFall of Alcluith and Baroness Nicholson of Winterbourne
The Senior Deputy Speaker
I listened to the noble and learned Lords on that issue. They were satisfied that the evidence was tested thoroughly, which is as good as anything. I took comfort from what they said. Having listened to the points that have been made, I hope that Members will uphold the internal disciplinary procedures relating to the code agreed by this House way back in 2009. Those processes have been in place for many years; we have used them many times for the investigation of allegations. The Members who spoke in favour of the amendment of the noble Lord, Lord Pannick, have not previously criticised or sought to change those processes even though they were used to investigate other serious allegations that led to suspensions for four Members in 2009, as I mentioned in my opening speech. As other members of the committee have said, we cannot criticise the independent commissioner for her processes.
Baroness Nicholson of Winterbourne (Con)
My Lords, I understand that if the verdict is passed that the Motion in the name of the noble Lord, Lord Pannick, should go through, the noble Lord, Lord Lester, could not appeal to the UK courts. Could he appeal to the Strasbourg court instead or would he be denied justice everywhere?
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.