Privileges and Conduct
Debate between Lord Tyler and Lord Brabazon of Tara
The Chairman of Committees
My Lords, after an interesting debate, I am not sure that whatever I say will satisfy the noble Lord, Lord Campbell-Savours—possibly not even my noble friend Lord Onslow. However, it might be helpful if I briefly explain how the committee went about its inquiry into the allegations against Mr Phillips.
First, we waited until the Commons Committee on Standards and Privileges had completed its work. Although that committee did not publish a report, its chairman, Sir Malcolm Rifkind, wrote to me to indicate that his committee saw no basis for investigating the allegation further. That letter is on the record. The Commons committee also published extensive written evidence online, which I think is what the noble Lord, Lord Campbell-Savours, was quoting from.
As I said in my opening remarks, we then invited three former judges who sit on the Committee for Privileges and Conduct—the noble and learned Lords, Lord Irvine, Lord Mackay and Lord Scott—to consider the allegation in more detail. Their unanimous conclusion was that no contempt had been committed. The reasons are as set out in the report in detail. It was, however, clear to us that Mr Phillips’s actions were inappropriate and ill advised. He should have known better than to contact members of a Joint Committee with whom he was personally acquainted in order to persuade them to influence a committee in his favour. However, a charge of contempt is a grave one, not to be upheld lightly. In this case, there was a lot of misunderstanding and uncertainty over the rules and no clear proof that harm had been done or that the Joint Committee’s work had been seriously compromised. The noble Baroness, Lady Thornton, made the point that the members of the committee are perfectly capable of standing up for themselves.
I do not think, therefore, that it would have been appropriate in the circumstances to have done anything other than to dismiss the allegations of contempt. It might be interesting for your Lordships to know that there has not been a case of contempt in this House since 1870, when the offender was reprimanded at the Bar of the House. Clearly, it is not something that we do too often.
Lord Tyler
Before the Chairman of Committees sits down, would he clarify one point? The fact that the attempt to influence members of the committee was unsuccessful is surely not entirely relevant. The fact that the members were successful in resisting any attempt to influence them is of course important in the outcome, but if someone attempted to bribe a Member of either House but was unsuccessful, would it not still be contempt and a very serious matter? The success of members of the committee in resisting the attempt to influence them is not crucial in this matter, contrary to what the noble Baroness, Lady Thornton, said.
The Chairman of Committees
My Lords, I agree with the noble Baroness that it was the crucial issue in the matter. The report makes it clear that no contempt was committed.