Privileges and Conduct
Debate between Lord Woolf and Baroness Anelay of St Johns
Lord Woolf
Perhaps the Senior Deputy Speaker can confirm that. If that is the case, I suggest that it is a mistake; I hope that the investigators will be experienced. They may not have the particular qualifications of a barrister, but they may be familiar with legal proceedings and able to play a prominent part in the informal domestic forum I hope will exist in respect of these complaints. Even if they are not lawyers and they do not have previous experience, in time they would develop it by doing the very job that a lawyer often does. The important thing is that the commissioner should have skilled assistance because she is not meant to do everything herself. She should be able to delegate, as is proposed in the report.
The other matter I will refer to is the powers of appeal. As has been said, they are similar to those on judicial review. Those who have experience of judicial review will know, as I do very well, that it can be an excellent form of appeal, especially in respect of tribunals of the sort which are involved in investigating these complaints. The powers on judicial review are attuned to the purpose of ensuring that the role of justice is properly protected and it is of significance that reference to judicial review is made on the final page of the report. It is right that that should be so.
For the reasons I have indicated, I hope that this will mark a real improvement. I am sure that what existed before this report should not be allowed to continue any longer if that can be avoided.
Baroness Anelay of St Johns (Con)
My Lords, I agree entirely with the final remarks of the noble and learned Lord. I always listen to the lawyers in this House. I have nothing against lawyers—indeed, how could I since I have been married to one for 49 years? I listen to him too. It is important that we are able to draw upon the expertise of lawyers across this House, and that has been the opportunity afforded to us today.
I was, as my noble friend on the Front Bench taking the place of the Senior Deputy Speaker for the moment has said, co-opted to the committee to support the discussions. Like the noble Baroness, Lady Donaghy, I did that to the best of my ability. We were not privy to any discussions about existing cases. I pay tribute to the noble and learned Lord, Lord Brown of Eaton-under-Heywood, for his skill in managing what was a complex, significant and very sensitive discussion. As the noble and learned Lord, Lord Woolf, said, it is important that we do not continue as we are and that we take account of where the system has not worked to the best ability. That is because the best ability is a system that provides reassurance for those who wish to bring complaints against Members of this House and protection for Members of this House who do not, as I certainly would not, wish to face vexatious and unfounded claims made against us. That is a difficult challenge to face and I believe that the report before us takes a significant step forward in helping us to meet that challenge. It has already been mentioned that a report by an eminent QC is to be published this summer and that we would take account of it at that stage. We cannot predict its outcome. We can deal with what we have, and that is based upon our own experience and indeed the consultation which has taken place.
I would like to refer in a little detail to two matters, but since one of them, cross-examination, has been widely covered, I hope to be briefer than otherwise I might have been. The first matter concerns the behaviour code and what defines the behaviour that comes within it. Paragraph 35 of the report proposes a widening of the definition of activity that would fall within the code. The existing requirement says that,
“a member should act always on their personal honour”,
when it applies to a Member’s,
“performance of their parliamentary duties”.
This paragraph extends the requirement to cover the performance of “parliamentary activities”. I very much welcome it, because it would, for example, cover behaviour while parliamentarians are on visits overseas connected with these activities.