Standards: Code of Conduct and Guide to the Rules

Andrea Leadsom Excerpts

Monday 12th December 2022 Commons Chamber

[Thangam Debbonaire (Bristol West) (Lab)]

I start by thanking my hon. Friend the Member for Rhondda (Chris Bryant) and his cross-party Committee for all the hard work that they put into their comprehensive and far-reaching inquiry into the operation of the code of conduct for MPs. They worked diligently, thoughtfully and cross-party with their external members. They came up with sound proposals, consulted carefully and revised their proposals further. It then fell to the Government to table the motion—I will come back to that. I also thank the Parliamentary Commissioner for Standards and her team for all their dedication to making sure that rules are understood and, when not adhered to, thoroughly and fairly investigated. I also thank them for their recent review.

Since 1695, as my hon. Friend once told me, Parliament has had rules against lobbying and taking payments for conferring or attempting to confer benefits on an individual, business or organisation. Until 2015, those rules only ever got stronger, which is the right and only reasonable direction that the public would expect. When a respected Select Committee does its job—consults, revises and employs independent judicial expertise—and makes its recommendations, my view is that that should be respected fully by the Government. So it is bittersweet to be debating the Government’s eventual motion today. After months of many of us calling for the full set of recommendations to be implemented as recommended, the Government have tabled a motion, but in the process they have ditched crucial elements that would have strengthened parliamentary standards still further. I am dismayed but hardly surprised, because this is, unfortunately, a Government with form.

Let us remember how, just over a year ago, the Tories took an approach to standards taken by no Government before them. The then MP Owen Paterson had been found absolutely bang to rights, having taken a large amount of money for a large amount of access to benefit the company who paid for him. Most importantly, the Commissioner for Standards and the Standards Committee had investigated the claims carefully, reviewed the evidence, considered every angle and concluded a sanction. That is the backdrop to the motion: a Government who, within the past 12 months and roughly three weeks, did that to their system of standards—and there was more to come.

The Government, led by the then Leader of the House, the right hon. Member for North East Somerset (Mr Rees-Mogg)—I have notified him of my intention to mention him—along with many others in the Cabinet and on the Government Benches, tabled and supported a motion as recommended, but in name only. The then Leader of the House spoke for 40 minutes in support not of the motion in his name but of the amendment in the name of his predecessor, the right hon. Member for South Northamptonshire (Dame Andrea Leadsom). In so doing, he simultaneously tabled a motion and undermined the standards system and the case in hand by trying to introduce a new process.

[Dame Andrea Leadsom (South Northamptonshire) (Con)]

Does the hon. Member accept that the amendment tabled was designed to set up a Select Committee to look exactly at the problems that we are debating? That was its intention.

[Thangam Debbonaire]

I thank the right hon. Lady for that intervention. It may have been the amendment’s intention in the abstract, but, by introducing it during that process, the Government undermined that existing, living process. Their case when approaching matters of standards is affected even now by that decision to propose a motion and then basically speak in support of one undermining it in the middle of a live process.

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[Dame Andrea Leadsom (South Northamptonshire) (Con)]

I am really pleased that this debate has returned to the House. I refer to my submission to the Committee on Standards’ review of the code of conduct in February 2022; I had asked if I could give oral evidence to the Committee, but sadly that did not happen. I will refer to some of the points that I made, because I think they are important and I do not think that anyone else has mentioned them yet.

In short, we need a review far broader than the one before us tonight of how the standards processes work in Parliament. All our constituents want to be able to hold us all to account. Most importantly, we want to hold ourselves to account. Members across all parties have said that almost all of us are doing our best at all times, working with honour and integrity and doing the best job we can, yet somehow the drip, drip, drip of bad behaviour is destroying the reputation of this place on a constant and ongoing basis. The measures before the House this evening, which with one notable exception are frankly trivial, are just not going to change that.

As colleagues will know, I was closely involved in a cross-party attempt to create an Independent Complaints and Grievance Scheme. There are no other colleagues present who were closely involved, but all seven political parties in this place were represented. It was intended to create a change in the culture. What we always see when we come to this place is people pointing fingers—“The Government have done this, the Standards Committee has done that, the Opposition have done this”—and all we do is make it worse.

The ICGS was designed to change the culture by doing things like proper induction for new members of staff, so that people know what to expect; proper exit interviews, so that when a Member has a group of staffers leave every three months, something can be done about it; and proper training programmes for staff and Members. Sometimes people laugh and say, “I don’t need to do unconscious bias training.” Well, my challenge to them is: “Okay, define it, then. If you don’t need to do that training, you define it. Show me how good you are at that.”

The Independent Complaints and Grievance Scheme was set up to tackle those issues, but what we have now is a scheme that has sucked in every single complaint—“So-and-so won’t let me go for lunch on time,” or, “My holiday was cancelled.” Those frankly more trivial workplace grievances, which have nothing to do with the serious challenges, overload the system, so that when there is a serious complaint of serious bullying, sexual harassment or even worse, there is not time for it. The system is too slow. It delivers neither the confidentiality that it was supposed to deliver nor the speed of justice.

I am afraid that, in coming up with this review, the Committee on Standards is looking thoroughly only at non-ICGS complaints, although it has certainly indicated its interest in the ICGS. Since 2018, the ICGS, which is independent—the clue’s in the title—and non-ICGS complaints, which are presided over by the Parliamentary Commissioner for Standards, have got sucked into one amorphous blob. It has become a punishment routine that embarrasses us all, drags us all down and is destroying our reputation.

[Andy Carter]

May I clarify a point that my right hon. Friend has just made? I think she said that the Standards Committee had not looked at the independent complaints system. That is because, as she probably knows, the Standards Committee has no remit to look at it.

[Dame Andrea Leadsom]

As a matter of fact, the Standards Committee can look at whatever it wants. It was not established to look at the Independent Complaints and Grievance Scheme. In a sense, however, my hon. Friend has made my point for me: the fact that the Standards Committee is looking at how we can improve the conduct and the reputation of Parliament without looking at the Independent Complaints and Grievance Scheme is a nonsense, and that is my thesis this evening. We need a much broader review.

I am sorry to say this, because I am extremely fond of the Speaker and all the Deputy Speakers, but the Committee concluded that the behaviour of the Speakers and the Deputy Speaker was untouchable. The fact that behaviour in the Chamber is a matter for the Chair and should be above investigation by the Standards Committee is extraordinary. In very recent history, someone in the Chair was the person who wound up the Chamber the most, making people miserable and bringing the whole House into disrepute, yet for some reason the Committee will not consider the behaviour of those in the Chair. Nor will it consider what is going badly or well in respect of the Independent Complaints and Grievance Scheme. If the hon. Member for Rhondda (Chris Bryant) wants to intervene, he is welcome to do so.

Now, under the Independent Complaints and Grievance Scheme, the Parliamentary Commissioner for Standards has some sort of authority over that. It was intended that the investigation would be carried out independently and confidentially, but we are finding that investigations are now being presided over by the commissioner, who is requiring Members to stand up in the Chamber and apologise. That is outside the remit of the Independent Complaints and Grievance Scheme. Some may say, “Fine: if you have been rude to someone, you should stand here and apologise.” My response would be: “You try saying that to someone who works at John Lewis or McDonald’s. Are you seriously going to make them apologise to the entire firm, so that that will be on the record forever?”

There are serious issues involving the mental health of MPs and the way in which we behave in this place—the way in which we protect colleagues from the problems that occur and bring us all down. So many people say to me that they are sick and tired of the fact that we are all tarred with the same brush. It is very easy for people to be tribal and say, “It’s you”, “No it’s not, it’s you”, but actually it is all of us. We are all held in incredibly low esteem, and it is because we have not sorted this out.

While I am on the subject of big subjects, let me say that in my opinion—this is open to discussion and challenge; does anyone want to intervene?—it is all about the House of Commons Commission. Talk about a totally opaque organisation! It is chaired by the Speaker, it has appointments, and it is simply extraordinary. It is not accountable, and it makes financial decisions with very little transparency. Ultimately, all the authority in this place to establish Committees, to appoint Committees and so on, comes from the House of Commons Commission. In my opinion, we should have a fundamental review of that and then take it from there. The Standards Committee should look again at the Independent Complaints and Grievance Scheme and make sure it is doing what it was set up to do.

[Dame Maria Miller (Basingstoke) (Con)]

My right hon. Friend is making some very good and important points, and I hope that those who are listening to the debate may come up with a mechanism whereby we can review some of these issues. We are always told that they are issues for the House to decide, but what is never obvious to me is the process we can undertake to effect the discussions to which my right hon. Friend is referring.

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[Dame Andrea Leadsom]

That—I say this slightly tongue in cheek—was the point of the amendment that was tabled last year, but nevertheless that did not happen during the debate on standards that took place then. It seems to me that we need something like the Straw Committee, which, back in the day, reviewed the way in which the processes of the House worked much more fundamentally than this review.

The one development that I genuinely think has been brilliant is the new appeals process. It was essential and has been a long time coming, and I hope it will get the balance right between just punishing MPs and trying to change the culture in this place and give people fairness.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Standards Committee.