Business of the House

Bernard Jenkin Excerpts

Thursday 16th December 2021 Commons Chamber

[Mr Rees-Mogg]

I had a feeling, Madam Deputy Speaker, that you were getting a bit nervous about the over rate. I am worried that we will be fined our total match fee if the over rate becomes too slow, so I shall try to be quick, but I thought Members might like to know that the bank rate has risen from 0.1% to 0.25%, although they have all probably heard it already on their Sky News alerts.

I am grateful to the hon. Member for Gateshead (Ian Mearns) for his thanks for the business that has been provided. I very much noted his request for a Back Bench debate on 27 January, Holocaust Memorial Day; I heard that loud and clear. I know that the debate will be well subscribed, so I will do my best to prevent statements, as I did last year, but I cannot guarantee that, because sometimes there is a strong demand for a particular statement.

On the hotel quarantine policy—which, as the hon. Gentleman fairly pointed out, was necessary on public health grounds—I would say to him that if he has particular issues involving individual constituents, I will happily help, and will take them up for him through my office.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

May I, in passing, thank the Backbench Business Committee for allocating the debate on Russia’s grand strategy? A proper debate on the subject is long overdue, along with a fuller understanding as we respond to the Ukraine crisis and the other crises that the Russians are provoking.

May I issue a plea not for more or fewer restrictions in the House, but for the Leader of the House and the House of Commons Commission to use as their lodestar the question of consistency? Public confidence in whatever measures the Government are recommending rests on consistency between what people see their leaders doing and what they are being asked to do. If we have to introduce further measures—whether or not Parliament is recalled—we should ensure that our practices here are consistent with what we are asking other people to do.

[Mr Rees-Mogg]

The fundamental point that we must always bear in mind is the absolute, unequivocal constitutional right of Members to attend Parliament. Whatever rules there may be—we saw this at the height of the pandemic, when people were saying that they were not allowed to travel under restrictions in certain parts of the United Kingdom—there is no law, unless we were to legislate for it specifically, that could ever change the fundamental right of a Member of Parliament to come to Parliament. It is essential to our constitution. Whatever laws there are, that right must be retained.

Committee on Standards

Bernard Jenkin Excerpts

Wednesday 3rd November 2021 Commons Chamber

[Mr Rees-Mogg]

I am grateful to my hon. Friend, because that helps me to get back to the point about process. The 2015 Committee on Standards report on “The Standards System in the House of Commons” noted that the provisions relating to the panel had “never been invoked”, questioned why the investigatory panel was “necessary” and recommended that the provisions be “reviewed”. However, the House never chose to remove these provisions, so this was an active mechanism open to the Commissioner and the Committee, which they decided not to use. It is the Government’s belief that it is right to allow the House to revisit whether, to ensure natural justice, our procedures should be changed to give Members of Parliament the same or similar rights—including the right of examination of witnesses—as apply to those subject to investigations of alleged misconduct in other workplaces and professions.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Before my right hon. Friend carries on, may I add that anybody who is complaining about the amendment to the motion is complaining about the procedures of this House as they exist in respect of standards cases? All standards cases come to this House for this House to dispose of as it thinks fit. That is what this House is debating now and that is perfectively legitimate. The reason why the mechanism to which my right hon. Friend referred has never been used is that, unlike what was recommended by the Committee on Standards in Public Life, the commissioner would chair the panel. For it to be an independent appeals process, it should be chaired independently. It has never been used because it would be so likely to arrive at the same conclusion.

[Mr Rees-Mogg]

I am grateful to my hon. Friend for that point. It is really important to remember that this House can never be and should never be a mere rubber stamp, which is not our purpose; we are a sovereign Parliament.

Let me turn to the amendment tabled by my right hon. Friend the Member for South Northamptonshire. The proposed Select Committee could consider, for example, whether the Standing Orders should be changed so that a panel was always established in contentious cases, or it could consider a new mechanism to ensure that witnesses were always called and examined.

Let me turn to whistleblowing and its relationship to the rules on lobbying, as raised by the right hon. Member for East Antrim (Sammy Wilson). The rules related to paid advocacy have been considered many times over the years and rightly place restrictions on Members. In 2012, the House recognised the need for a whistleblowing provision to make it clear that in exceptional cases, if there were some serious wrong, a Member could approach the responsible Minister or public official, even if to do so might incidentally benefit a paying client. Concerns have been expressed about the commissioner and the Committee’s interpretation of the application of this exemption in the case of a serious public policy issue, and about whether the balance was correctly struck. We must therefore think carefully about how we protect the ability of our MPs to raise issues where they see them while ensuring that our system is robust against abuse. The balance is worth examining, and a Select Committee appointed for the purpose of reviewing our standards system would be able to give it due consideration.

--- Later in debate ---

[Mr Rees-Mogg]

I think the hon. Gentleman is going to speak at the end, so it may be best if he does that.

[Sir Bernard Jenkin]

rose—

[Mr Rees-Mogg]

My hon. Friend has already intervened. Let me continue, because I am conscious of time.

The Committee noted that the commissioner has, since March 2020, routinely conducted an initiation interview with a Member concerned in investigations that involve serious allegations to assure herself that the Member is fully appraised in detail of the allegations and the process at the earliest possible stage. That postdates this case, but it is worth noting that my right hon. Friend suggested a meeting in his letter to the commissioner on 16 January 2020. These are welcome steps, and a Select Committee appointed by the House could look further at how the system might be approved.

I will now move on to the aggravating factors that the Standards Committee refers to in a number of its reports. A consistent theme has been that Members’ refusal to admit wrongdoing in contentious cases has been considered an aggravating factor leading to greater punishment, but we do not want to encourage a system in which a person has to admit fault in order to receive a reasonable response from the Standards Committee. Members who believe that they are innocent must be able to continue to assert that from the beginning to the end without that being considered an aggravating factor.

Plea bargaining is not part of our system. Expectation of self-denunciation is not where we want to get to. We do not want struggle sessions, though the Opposition may like struggle sessions, in order to receive more lenient sanctions. We saw examples of that recently where a Member was considered to have a higher degree of culpability because he did not accept the judgment of the Committee and commissioner on his correspondence with the judiciary. There was also the case of my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), whose punishment, for the arguably innocuous and legitimate act of writing to Michel Barnier after his request for the views of MPs, was shortened and not brought to the Floor of the House on the condition that he admitted wrongdoing. This is a concerning theme in these investigations that clearly warrants greater review.

Perhaps the most critical point to emerge on concerns expressed by Members is the question of a right to appeal. I consider that right to be fundamental to the provision of justice, which is regrettably not genuinely provided by the matter coming to the Floor of this House—a regrettableness that has been reinforced by the conduct of this debate so far.

I observe that, in the House of Lords, there is an appeal process that provides that the noble lord concerned has a right of appeal to the Conduct Committee against the commissioner’s findings and any recommended sanction. Having considered any appeal, the Conduct Committee, having agreed an appropriate sanction, reports its conclusions to the House, which has the final decision on the sanction. That is why I support the amendment in the name of my right hon. Friend the Member for South Northamptonshire. It proposes setting up a Select Committee to review the standards process and consider whether Members should be afforded the same or similar rights as apply to those subject to investigations of alleged misconduct in other workplaces and professions, including the right of appeal, and to make recommendations for reform. The Committee will, therefore, be able to recommend setting up an appeals mechanism and recommend other changes to increase confidence. It will also be able to consider whether the case against my right hon. Friend the Member for North Shropshire should be reviewed with the benefit of any new appeals mechanism, or whether the Standards Committee report should be considered by the House. It will be a method by which we can reset a process that has lost the confidence of many Members of this House.

Let me be clear: the new Committee will not be the judge, jury and executioner in this case. It will be time-limited and established for the particular purpose of recommending improvements to the standards system for the House to consider. For example, following the Committee’s work in relation to this report, it is entirely possible that a reformed process, including any new appeal mechanism, may conclude that this initial report and sanction was entirely correct. This complex case still demands proper consideration, and the Select Committee would in no way pre-determine that.

Business of the House

Bernard Jenkin Excerpts

Thursday 17th June 2021 Commons Chamber

[Mr Rees-Mogg]

I may be willing to go further than the House would expect, because the corridor of the Chairman of Ways and Means has a sweepstake and in this sweepstake I have been fortunate enough to draw Scotland, so I shall have very divided loyalties tomorrow. But I am glad to say that it is very encouraging for the Union. I was pleased to see Wales do well yesterday—the Rees side of me was coming to the fore. I am looking forward to supporting whichever side does best, because I have an interest in all three of them doing well.

I am delighted to hear that the hon. Member for Perth and North Perthshire (Pete Wishart) will be returning to his place, but it has been very enjoyable crossing swords with the hon. Member for Midlothian (Owen Thompson), who brings a great tone to these exchanges.

Loneliness Awareness Week is important. It is something that is very hard for Government to take control of, although we have a very distinguished Minister for loneliness. We have to try to work with civic society, with people such as the Red Cross and the Samaritans, to help people as we begin to get back to normal. As we do get life back to normal, that will help to reduce loneliness.

As we are on what is happening during the week, it is worth bearing in mind that 18 June is Waterloo Day, a day always of celebration in this country. We can celebrate it all together, which will make us less lonely. It is also a wonderfully Unionist day. I do not know if you know this, Mr Speaker, but there were Scottish, Welsh and Irish regiments there: the Black Watch, the Gordon Highlanders, the Royal Scots, the Royal Welch Fusiliers, the Welsh Regiment, the Inniskilling Fusiliers and the Inniskilling Dragoons. I think Sharpe was there with the Prince of Wales’ Own, but I am not sure that that was a real regiment or whether it was invented for the purpose of fiction. No doubt other wise people will be able to tell us. So that date is happening, too.

Finally, on digital imprints and so on, the Second Reading of the electoral integrity Bill will be an opportunity to debate what may go into it. I can confirm that when it comes forward there will be an opportunity to do that, but I am very grateful for the hon. Gentleman’s support. I would say that it is always open to the Government to learn from what the devolved authorities do. We want to work collaboratively with the devolved authorities, even if we have an ultimately different vision for our nation.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

May I also join the tributes to Sir Roy Stone?

May we have a debate in Government time on the imminent changes the Government are to make to the NHS integrated care system boundaries to make them co-terminus with upper-tier local authority boundaries? This is in fact a wholesale reorganisation of NHS commissioning in areas such as Essex, Waveney and the Frimley ICS, which covers parts of Berkshire, Surrey and Hampshire. Why is this being done before we have even seen the legislation that is necessary to make it effective? Who is advising Ministers to implement this major change, when they should be leaving things be while we catch up with the massive NHS waiting lists? Why has there been so little consultation with MPs about this until very late in the day? Why is NHS England withholding a consultants’ report which Ministers promised to us last week? It has still not been given to us and is apparently the basis on which the decisions are being made, but we are not allowed to see it. There is a real failure of scrutiny here.

[Mr Rees-Mogg]

I am grateful to my hon. Friend for raising this point. There are issues of scrutiny around arms-length bodies, which are of fundamental importance to this House and are rightly brought to the Floor of the House. It is worth bearing in mind, however, that NHS England is a quango and is not invariably under direction from Ministers. However, the point he makes is a very serious one and I will ensure it is taken up with my right hon. Friend the Secretary of State.

House Standards System: Confidentiality and Sanctions

Bernard Jenkin Excerpts

Wednesday 21st April 2021 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

In all honesty, I have yet to meet a Member of this House who has not entered Parliament and politics out of completely honourable intentions. All of us want to change the world, make it a better place, improve the lot of our constituents, represent the communities in our patch and try to sort out individual issues for people as well as we can, and to tackle the injustices that beset humanity. Of course, that does not mean that we do not disagree all the time—that is a standard part of business—but nor does it mean, I think, that any one of us denigrates the honour with which other people hold their political opinions. Nor is it to say that we are not fallible—I see you smile, Mr Deputy Speaker; you are probably thinking, “Well, you certainly aren’t, Mr Bryant.” I hope people do not think I am being overly pious or returning to my former profession as a vicar when I suggest that we are all—including you, sir—flawed. Even the most statuesque of us has feet of clay—indeed, I have so many faults that I sometimes think that the only vaguely decent thing about me is that I know my failings rather well—which is why the House has a code of conduct, a behaviour code and a set of rules that apply to us all, which are constantly evolving.

On behalf of the Committee on Standards, let me say that in our current work on the review of the code of conduct, we are keen to make sure that we have a set of rules that is readily understandable by Members and by the public, and that upholds the Nolan principles, which are vital to restoring to public confidence in the way we do our business, and that we get the balance right between the fundamental principles and the specific rules, so that people are not endlessly being tripped up by what I can only call bureaucratic minutiae but getting away with much greater misdemeanours. We need to get that balance right—to make sure that there is justice for the individual Member and for the complainant, and that we do so as fairly as possible. It is from those fundamental principles, the Nolan principles, that all our attitudes and our behaviours should be drawn. The Leader of the House rightly referred to the desire, shared by everybody I believe, to change the culture in the whole parliamentary community, so that Parliament is always a place of respect and dignity, where people are able to do their job with honour.

Let me explain what the Committee wanted to achieve through our reports, which have led to the motions on the Order Paper. I thank the Leader of the House for the collaborative way in which he has approached this. I hope he does not mind when I say that it has taken a long time to get the motions on the Order Paper today. I think all of us would have preferred this to have happened sooner. The independent expert panel would like to have had the powers in place a little sooner. I am not making a big thing out of it; it would just be good if sometimes we were able to proceed more quickly.

First, we wanted to maintain the strictest possible confidentiality in cases of bullying, harassment and sexual misconduct that are being investigated by the commissioner and considered by the independent expert panel, so as to protect both the complainant and the Member. It is important to remember that in those cases there is always a specific complainant who is, potentially, a victim, and that person has as many rights in the process—nor more rights, but as many rights—as the individual Member who is complained about.

I want to confirm for the Leader of the House that it is perfectly possible and right that, if an individual Member wishes to seek advice from another Member or, for that matter, legal counsel, of course they are entitled to do so. In some cases, that would be their Whip. Whips sometimes have a terrible reputation, but in my experience, they are largely there for the better management of the House—[Hon. Members: “Hear, hear!] I am suddenly popular; it will not last—and often for the welfare and care of individual Members of the House, especially when they are going through difficult times.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I am a member of the hon. Gentleman’s Committee, and I work with him. An issue that has arisen in discussion with Members is that the confidentiality arrangements seem to preclude Members from discussing with or seeking the help of their Whip to advise them on the complaint that has been made about them. It seems to be the understanding of many hon. and right hon. Members that they cannot even tell their Whip or seek help and support from their Whip in dealing with a complaint against them. Could he explain what he thinks the position is on that?

[Chris Bryant]

It is precisely as the Leader of the House adumbrated—namely, the independent expert panel has made clear that Members can seek advice from another Member if that is what they wish to do. It is on a confidential basis. Of course they should not do it so as to game the system or to lobby individual members of the Committee, because that is expressly a breach of the code of conduct, but Members are perfectly entitled, and it makes absolute sense, to go to their Whip to talk about the matter if they wish to do so. I urge colleagues not to use this as a means of lobbying the whole House to get support, because that undermines the whole system.

We wanted also to end the anomaly whereby the commissioner can neither confirm nor deny that she is investigating a particular case, even when the Member concerned has announced that he or she has referred themselves to the commissioner. That obviously brings the whole system into a degree of disrepute. I know that some colleagues were anxious about this clause, but in the vast majority of cases, this will mean that the commissioner will be able to confirm that she is not investigating a Member. Far too many hares have started running in the press without anybody being able to clarify the situation—neither the commissioner nor the Member—and that is an injustice to everybody.

Thirdly, we wanted to ensure that when something has gone wrong, the independent expert panel and the Standards Committee have more options in terms of sanctions than just a slap on the wrist or decapitation, which is basically what it has felt like for far too long. There are more effective means of enabling people to change their habits—perhaps the habits of a lifetime—or the way that they work, their attitudes or their behaviour in a way that aligns with the code of conduct and the rules. That is precisely what the suite of options that we have laid out in our reports do for both ICGS cases, for the independent expert panel to use, and for non-ICGS cases, for the Standards Committee to use. The Leader of the House is right to say that anything that affects the core functions of an MP would only be decided on by the House in the end. The final vote, as it were, would be for the House.

We wanted also to be absolutely clear with Members and the public what we consider to be mitigating or aggravating factors in considering a particular case when the commissioner has brought a report to us. This seems to us a simple matter of natural justice. It is exactly the same as the courts, which have mitigating and aggravating factors when sentencing. For instance, perhaps it is obvious that a Member who committed the same breach of the rules on more than one occasion or who did so after already having been admonished by the House for a similar breach—a recidivist—would face a tougher sanction from the Committee the next time round, but we thought it important to make this clear.

Perhaps it is also obvious that a Member who made a completely inadvertent error, apologised and swiftly made recompense would be able to rely on the commissioner and the Committee to treat such a breach as on the less serious end of the spectrum. Likewise, perhaps it is obvious that a Member who refused to answer an inquiry from the commissioner or the registrar, who deliberately dragged matters out, who was rude and abusive during the process or who refused to co-operate with an investigation or inquiry would face a more serious sanction from the Committee. My honest advice to colleagues—I think every member of the Committee would say this, and it is advice I would give anyone in life—is that a heartfelt apology goes a very long way towards putting things right. I think the House and the public respect that when people are able to do it. I also urge colleagues, if they ever want advice, to go to the registrar or the commissioner because they are there to help.

[Sir Bernard Jenkin]

I have had conversations with colleagues about the role of the commissioner, and that point needs to be underlined. A number of colleagues are wary of approaching the commissioner for advice or questioning what is going on, because they worry that this eminent person will be somehow in judgment over them or hold something over them. How should the Committee begin to break down the barriers between the commissioner and right hon. and hon. Members? That barrier obviously exists in a number of instances.

[Chris Bryant]

As the hon. and be-knighted Member knows—I mean that he is a knight of the realm—when we have produced our report on the code of conduct we will consult widely in the House and elsewhere. I hope that as many Members as possible will take part in that consultation process. My impression is that the rules are now far too complicated. There are bits and pieces here, there, and everywhere. It seems extraordinary that we have two pages of stationery rules in the 21st century. I think we make it too complicated for Members to do their work, and I hope Members will take part in that next process. Part of that will undoubtedly be getting to know the commissioner and the registrar better.

I will not refer to the amendment that was not selected, but I will refer to the right hon. Member for South Northamptonshire (Andrea Leadsom). Whenever I see her speak, I am reminded of the fact that I lived in Northamptonshire when I was a youth officer for the diocese of Peterborough, and I used to drive up the M1. Just as people arrive in her constituency a great big sign on the motorway says, “Welcome to Northamptonshire.” Two seconds later a sign says, “Keep your Distance.” It was there long before covid. She is right to say that there is an issue for constituents who might suddenly be left high and dry. There is also an issue for constituents when there is a change of MP, because all the casework disappears into a black hole, and has to by law. I wonder, however, whether that is a matter regarding privileges rather than standards. The Privileges Committee cannot take up issues without being expressly asked to do so by the House. If the House wanted to do that, I am sure we would rise to the challenge, and that may be the right course to take.

I do not have much more to say, but I assure the House of two things. First, the Committee takes its job extremely seriously. We seek to be as fair-minded as we can be. We set politics and partisanship aside the moment we enter the meetings, and we strive to have a system that is simple to understand and navigate. Over 20 years as an MP I have seen that the court of public opinion can be capricious, and often delivers great injustices to Members. We strive to ensure that nobody can say that of the Committee. Sir Stephen Irwin has already made absolutely clear that the independent expert panel has exactly the same determination. Having met Sir Stephen—our Committee wanted to work closely with him—I am confident that the panel will do a sterling job.

Secondly, the Officers of the House are there to help Members, not to hinder them. I know that colleagues sometimes get a bit anxious if they have to meet the Commissioner for Standards, as they think there is going to be some kind of dressing down, but that is very far from the truth. Both the Commissioner for Standards, Kathryn Stone, and the Registrar of Members’ Interests, Heather Wood, are ruthlessly impartial, and they constantly provide advice to individual Members on an entirely confidential basis. They do this every day of the week. Large numbers of Members go to see them and seek their advice, and I would urge colleagues to do so. Sometimes when we have been here a long time, we assume that we know the rules, but sometimes the rules change a little bit in the time that we have been here. It really is worthwhile, just occasionally, to pop along to see either Kathryn or Heather to get advice. Indeed, I am keen that we should end up with a system where, if a Member has sought advice from the Registrar or the Commissioner and adopted it, that would be a safe harbour for them—in other words, a system where anyone who had sought and adopted their advice would not get into trouble for it. That is not the situation at present, but that is where we would like to get to.

I would like to thank the members of the Committee: the lay members and the Members of this House who constitute the Committee. It has been a heavy workload over this last year, and I am really glad that these motions are on the table tonight. I also thank the Leader of the House and the shadow Leader of the House, as well as the leaders of the other political parties. I am not aware that Scottish National party Members are unhappy with the consultation that we have done with them. Finally, I would like to thank Sir Stephen Irwin and all the members of the Independent Expert Panel, who are already starting their work. After these motions have been adopted today, they will be able to do so more fully and with a greater sense of the direction of travel that we all want to go in.

--- Later in debate ---

[Mr Rees-Mogg]

May I thank everyone who has participated in this debate for widespread consensus, especially the right hon. Member for Walsall South (Valerie Vaz), who has been supportive throughout and was again today? It is important that that continues on a cross-party basis, which is why I was keen to seek her wisdom as these discussions took place. I particularly want to thank my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), who ensured that the change in culture got going properly. During her term has Leader of the House she pushed this ahead to make sure that it happened. I view my role as Leader of the House merely to carry the flabella in her honour for what she did. I would reinforce the point that she made, and which has come up again and again, that delays in the system have been one of the greatest problems. That has been tackled in a number of ways, both in ICGS and non-ICGS cases.

I am grateful to the hon. Member for Rhondda (Chris Bryant), who has done a great deal of work on this, and has reported fully to the House. I was a bit worried when he said to Mr Deputy Speaker that none is without fault. That has a rather dangerous parliamentary history, as the hon. Gentleman will know. Peter Wentworth made that point in the late 16th century about Elizabeth I and the desire of the House of Commons, and was put in the Tower for his pains. It is dangerous territory to say that none is without fault, but the hon. Gentleman was brave enough to say it, and that lies at the heart of our efforts to improve standards, to remember that we can all do better. His speech was extremely helpful in setting out clearly what his Committee was trying to do and the help that is available to hon. and right hon. Members to ensure that they are not tripped up. The system is not there to try and trip up people who are doing their best.

I am grateful, as always, to the hon. Member for Midlothian (Owen Thompson), who was right that progress has been made, and that there is more to be done. That view is shared across the House. As the hon. Member for Rhondda said, everyone who comes here wants to do the right thing when they become a Member of Parliament. I, too, have not met anyone who does not want to do that. Year after year, however, mistakes are still made. There is more to be done, but we have made progress.

The hon. Member for North East Fife (Wendy Chamberlain) raised valuing everyone training, and I can reassure her that I recently wrote to a group of Members who had not done it, to encourage them to do so, with some positive responses. By and large, people have done it—about 90% of Members have completed the training—which, again, is part of the progress that we are making. She also made the point that we need to do better, and raised the advantages of independence. We certainly see that with the Independent Expert Panel, which gives confidence to Members and complainants alike.

[Sir Bernard Jenkin]

I apologise to the Leader of the House and to the right hon. Member for Walsall South (Valerie Vaz) for missing their opening remarks. I just want to draw attention to a concern that has been raised with me about the motion to refer to the right of the commissioner to

“instigate informal discussions with a Member to indicate concern about the Member’s reported attitude”.

This might seem very intrusive, but it is intended to be benign. Nobody will be judged or adjudicated on their attitude, but if we encourage the right attitudes, it is less likely that people will make mistakes and fall foul of the rules, which is why the Committee is promoting this particular method of engagement with the commissioner.

[Mr Rees-Mogg]

It is important, I think, that the commissioner will have the ability to speak to people informally and, potentially, to stop problems arising if they can be stopped with a word in season.

Business of the House

Bernard Jenkin Excerpts

Thursday 25th February 2021 Commons Chamber

[Mr Speaker]

There is a hint of hope.

[Sir Bernard Jenkin (Harwich and North Essex) (Con) [V]]

Is my right hon. Friend aware that the Freeport East bid for the freeport at Felixstowe-Harwich is the biggest freeport bid? It will make the biggest contribution to levelling up, the biggest contribution to the UK economy and the biggest contribution to imports and exports in this country. How will the bids be scrutinised by Parliament after they have been decided on Budget day? Will there be specific Government time to ensure that the best bids are approved?

[Mr Rees-Mogg]

It is very encouraging that there is so much interest from so many Members in creating freeports; it shows what an exciting and innovative policy that is. There will obviously be a chance to debate that, and how it will be implemented, after the Budget speech—four days will be set aside for that debate—but all Government decisions are open to scrutiny by the House in its various ways, through oral questions or Select Committees. My hon. Friend is well aware of how effective Select Committees can be in holding the Government to account.

ICGS Investigations: Commons-Lords Agreement

Bernard Jenkin Excerpts

Wednesday 25th November 2020 Commons Chamber

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Thank you, Madam Deputy Speaker. I will just speak very briefly to this matter. The Chair of the Standards Committee sends his apologies. He has had to take a close relative to hospital today. I am standing in for him, although I take responsibility for my own words.

The Standards Committee has co-operated constructively with its sister Committee, the Lords’ Conduct Committee, chaired by the noble Lord Mance, to develop an arrangement to address a loophole. As a member of the Committee on Standards, I support the motion to approve our Committee’s report. The report deals with what one might describe as an item of unfinished business arising from the House’s creation of the independent complaints and grievance scheme that we have just been discussing. The scheme was put together very rapidly, because the House rightly wished to demonstrate to the wider public that we take allegations of bullying and harassment within the parliamentary community extremely seriously, and it was acknowledged at the time that the scheme would need revision in the light of experience and that there were gaps or lacunae in the scheme that needed to be filled. One of those gaps was the lack of any arrangement between this House and the other place as to how allegations against ex-Members of one House would be proceeded with if they became Members of the other House.

[Andrea Leadsom (South Northamptonshire) (Con)]

I am grateful to my hon. Friend for giving way. Just to put the record completely straight, the working group—Members who sat on that group are in the Chamber today—was very clear that the two schemes should be aligned between this House and the House of Lords. However, due to a very unfortunate investigation that took place in the House of Lords under the previous system, it was felt that the ICGS could not be implemented in that House at that time. That is why this anomaly has sprung up. I would also like to raise the important point that, as things stand with the ICGS having been working for some time, its findings are just too slow. There have been live instances where individuals who have been Members of this place are being considered for membership of the other place when potential complaints against them are still pending in this place. It is not clear to me that the Standards Committee’s report deals with that circumstance.

[Sir Bernard Jenkin]

I will certainly take back to the Committee what my right hon. Friend is saying, and if we need to make a further amendment to the arrangements, we should do so. As things stand, however, former MPs who are now in the other place cannot be investigated under the ICGS for behaviour that is alleged to have taken place while they were MPs.

After our discussions with Lord Mance and the Lords’ Conduct Committee, and with the two Houses’ Commissioners also working closely together on this, the arrangement that we now propose is set out in an appendix to the Standards Committee report. It proposes that ex-MPs now in the other place should be investigated under the Commons procedures involving independent investigators, the Commissioner and, if necessary, the new independent expert panel that the House has just nominated. If that does not satisfy my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), could she put on record why it does not do so?

If an ex-MP who is now in the other place is found to have breached the behaviour code, this House will not be involved in sanctioning them. Instead, the House of Lords Commissioner for Standards will recommend a sanction and the Lords’ Conduct Committee would hear any appeal against that sanction. The full House of Lords would decide on imposing a serious sanction, such as suspension or expulsion, but the important point is that the investigation and the findings would be done under our system in this House, and the House of Lords has agreed to that.

[Andrea Leadsom]

I do not want to detain the House, but this is a really important issue and my hon. Friend asked me to put my views on record. This relates specifically to when someone who has been a Member of this House and has outstanding complaints against them is under consideration for being offered a position in the other place by the House of Lords Committee, which is not privy to the existence of the ongoing complaints about them in this place under the ICGS.

[Sir Bernard Jenkin]

I think that would be a matter more for the Lords Appointments Commission or the vetting procedures—

[Andrea Leadsom]

Yes, it is.

[Sir Bernard Jenkin]

That does not fall under our remit at all, but in recent cases that I can think of, an estoppel has been put on possible elevations to the other place of Members who are under suspicion or where there has been controversy. Obviously, if it was an entirely secret and non-disclosable allegation that had not found its way into the public sphere, we would need to check that there would be a procedure for that. However, that is a separate matter from whether a complaint is going to be investigated and adjudicated by the ICGS.

We have also addressed the complementary problem. There are not many Members of the other place who choose to renounce their peerages and seek election to the House of Commons, but this can and does occasionally happen. The Committee therefore recommends that the new arrangements should be reciprocal. Allegations against an ex-peer who might then be in the Commons would be investigated under the procedures of the other place, but any sanction would be carried out within this House.

The Lords Conduct Committee has agreed a report in very similar terms to our own, and this has been approved in the other place. I urge this House to do likewise and approve these sensible arrangements, which are necessary to block off this lack of redress in our measures for tackling bullying, harassment and sexual misconduct by our Members and ex-Members.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Does the Leader of the House wish to make any comments?

Independent Expert Panel

Bernard Jenkin Excerpts

Wednesday 25th November 2020 Commons Chamber

[Mr Rees-Mogg]

I can confirm to the right hon. Gentleman that 134 completed applications were received —no doubt, from a variety of people. Of those applications, the ones that were seen to be the most suitable are those before the House, having been approved by the Commission. I think it is a distinguished panel—[Interruption.] The right hon. Gentleman mutters that it is chumocracy; I do not want to give too much away, but the only member of the panel who claimed a friendship of any kind with any Member of Parliament said that he was on nodding terms with the right hon. Gentleman the Leader of Her Majesty’s loyal Opposition, so if they are chums, they are not my chums, particularly, but they are very important and good people.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I entirely support the idea that we should bring on to the panel people who have juridical experience in the courts, and I commend my right hon. Friend and the Commission for appointing to the chair of this body an ex-High Court judge. That is exactly the kind of authority, independence and legitimacy that is required to give both those being scrutinised or disciplined in this process and those who are complaining through this process the confidence that it is being done properly.

[Mr Rees-Mogg]

I am grateful to my hon. Friend for that point. Before the appointments were made, we had a number of representations from Members of this House saying that they would feel confident in the system if the chairman of the panel had the experience of a High Court judge, and Sir Stephen is a distinguished—

--- Later in debate ---

[Valerie Vaz]

I thank the right hon. Lady for her comments. She leads me to go on to say that Alison Stanley did a brilliant six-month review, and the concern is that not all her recommendations have been implemented. She is looking at the governance of who is responsible—who is the named person—for this whole process. The important part of the process is that it should be transparent and not secretive. I am aware of a number of cases that come through where perhaps the procedure is not fair on both sides—to the respondent and the claimant—but, again, that is a matter for Alison Stanley to look at in her 18-month review. As the Leader of the House said, it is a very simple survey, which can be found online, and it is open until 4 December.

[Sir Bernard Jenkin]

I am here as a member of the Standards Committee, which has absolutely no jurisdiction over the adjudication of any ICGS case, but it certainly falls within the remit of the Standards Committee to keep a watching policy brief on how the ICGS develops and whether we want to inquire and report and make recommendations on the performance of the ICGS. I am sure we will, and indeed I think we will want to learn the positive lessons from the ICGS for our own code, which we are currently reviewing in our own inquiry.

[Valerie Vaz]

I thank the hon. Gentleman for making that intervention. I agree with him, and I hope that anybody who has an interest will look at it. That is why the survey is so important. I know that Alison Stanley is open to speaking to people as well, and I am sure that she will take that on board.

I am pleased that a lot of hon. Members and House staff have taken up the Valuing Others training; many people on the estate have taken it up. It is so important that they do that, because people can then see the difference between what is a management issue and what is bullying and harassment. Certainly, I was concerned to start with because, as you know, Madam Deputy Speaker, many of the cases that came through at the start were about serious sexual harassment. I think initially, we decided—the right hon. Member for South Northamptonshire and I, among others on the working panel—that we would have two separate helplines. I know that there is one helpline for both, but I am reassured that the person answering the phone does have expertise and will have expertise on serious sexual harassment cases. We do not want a situation where people have to repeat their stories over and over again before they are dealt with.

As well as Valuing Others training, I know that the House is looking at unconscious bias training, which I hope will be rolled out, and I will just say that Her Majesty’s Opposition’s shadow Cabinet have all been through the unconscious bias training. Other than that, Her Majesty’s Opposition support the motion.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I rise only briefly, as an observer rather than a participant. As I pointed out a minute ago, the Standards Committee has no role in this, though we were consulted about the shape of the final process that should adjudicate the appeal cases in the ICGS scheme and we took an interest in what the character of the panel should be. I am personally very pleased that it reflects the necessary juridical expertise for assessing evidence and balancing the arguments about what rules mean and how this should be properly and independently assessed.

I think it is important for a member of the Standards Committee to convey to the House the disquiet of the Committee that this was taken out of our hands, but also for me to explain why I think that it was right, in the end, to take it out of our hands and why I voted for that. What was evident, not just from the Cox report but from the conversations with many staff in the House service, and conversations amongst MPs, was that the people whose complaints were stifled and ignored for so many years were left with no faith in the ability of MPs to mark their own homework—our ability to adjudicate on ourselves.

I have to tell the House that I find the cases that come before us about the breach of our own code extraordinarily difficult. It is the most testing and miserable task—to find myself having to make decisions about people I know, many of whom I know well and like. Personally, I will be looking at how the panel works, because our system for adjudicating our own code—the House of Commons code of conduct—is rather unsatisfactory, for the reason I have just described, and it may well be that the experience of this far more prestigious, objective and professional panel offers us a better way of adjudicating our own code.

I reiterate that we are conducting our own inquiry into the revision of the code of conduct, which is long overdue and has been interrupted by several general elections in recent years. We are doing a comprehensive trawl of options and considering how our own code intersects with the ICGS, with the ministerial code and with the codes of political parties. Members of Parliament are subject to many codes. The public are very confused, and have either no interest or no confidence in the systems, which overlap and conflict with each other, that we have created for the various roles that people adopt in this Parliament. We have a very big task—to reduce that confusion. There is, indeed, a lot of confusion amongst right hon. and hon. Members who do not understand how these things work.

So there needs to be a much higher level of engagement and understanding and a simplification and clarification, and that is what we are working on now. I hope that we will learn from the work of the panel, and if the panel is a success, we may well learn some very positive lessons.

[Patrick Grady (Glasgow North) (SNP)]

From the start, the SNP has welcomed and co-operated with the development and implementation of the ICGS process. Like others, I pay tribute to the former Leader of the House, the right hon. Member for South Northamptonshire (Andrea Leadsom). I also pay tribute to my hon. Friend —he really ought to be my right hon. Friend—the Member for Perth and North Perthshire (Pete Wishart). There is an extremely well qualified and distinguished line-up of individuals for approval. [Interruption.] I am sure that was tremendously funny, but I did not catch that sedentary intervention. A very distinguished panel of candidates has been brought before us, from a range of backgrounds, from across the four nations.

[Sir Bernard Jenkin]

I just misled the House. The hon. Member for Perth and North Perthshire (Pete Wishart) would not have to swear allegiance to the Crown; he would have the oath administered to him. So it is rather like having an injection; it is just given to you. Whether we like it or not, and whether we agree with it or not, the oath is just given to you. If the hon. Gentleman wants to be a Privy Counsellor, he would have to go through that process.

[Patrick Grady]

It is slightly off topic, Madam Deputy Speaker, but the best way to find out would be for the Leader of the House to phone up my hon. Friend the Member for Perth and North Perthshire and make that offer to him; then we will see whether or not he rises to the offer of joining Her Majesty’s Privy Council.

I do not know whether any of the candidates in this line-up are Privy Counsellors as yet, but they have all left distinguished careers, they have experience across the four nations of the United Kingdom, which is welcome, and it is a gender-balanced line-up as well—although, as the shadow Leader of the House says, there is always more that can be done to promote ethnic diversity. But I think we should thank the Clerk Assistant and the panel for selecting such quality final panellists out of all the candidates who came forward.

I just wonder whether the Leader of the House was in touch with the candidates yesterday to explain the slightly unedifying scenes that took place when the motion was suddenly withdrawn without notice. I know that when lay people are being appointed by the House to commissions and so on, they quite often watch with anticipation to see what happens—they may well be watching just now—and they may have been a little bit shocked yesterday. If notice was not given to them, I hope that some kind of apology or explanation has been given for the kind of unedifying scenes that we went through yesterday, which cannot have exactly filled them with confidence about the commitments that they are about to take up. I am glad that they are taking them up, however.

It is absolutely right, as other hon. Members have said, that bullying and harassment of any kind are called out and properly investigated. They are completely unacceptable in any workplace, particularly the one that sets the rules and standards for the rest of the country. I have undertaken the valuing others training and the unconscious bias training and found them incredibly valuable; I know that many colleagues have as well when they have had the opportunity. I would recommend them to everyone.

Participation in Debates

Bernard Jenkin Excerpts

Monday 16th November 2020 Commons Chamber

[Mr Rees-Mogg]

The advice is absolutely clear that people should work from home if they can do so effectively, but this Chamber does not work effectively when people are not physically present. To reiterate the points I have already made, to ensure that the Government are held to account and that the Government’s legislative programme can be proceeded with, we need to be here physically, because otherwise both of those cannot happen properly. One of them is to the advantage of Opposition Members, and that is the holding to account. They should be pleased to have the opportunity to hold the Government to account thoroughly, vigorously and with full vim, rather than thinking that the Government should have an easy ride over a virtual setting. I am rather surprised that they are so nervous about participating in the process of scrutiny.

On the other hand, from the Government’s point of view, we wish to ensure that the legislative agenda on which we were elected just under a year ago is proceeded with, and that is our democratic right, because we have a mandate to do it. On the one hand, proper scrutiny, and on the other, a legislative programme. Those require us to be here to do that properly. We need to stand with or, in socialist terms, show solidarity with other key workers who are continuing to go into work. [Interruption.] The right hon. Member for Walsall South (Valerie Vaz) points to the Lords. I remind her again that they had a vote that failed—a failure of the Lords—which upset the business for the next day. We have not had a single failure in this House, thanks to our model speakership.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

May I report to the House through you, Mr Speaker, that the Liaison Committee met last week and discussed this matter at some length? Will my right hon. Friend respect how strongly many Chairs of Select Committees feel that a significant number of them are unable to carry out their constitutional function, because they cannot risk exposing themselves or their families to covid infection? It means that they are unable to speak to their own Committees’ reports during debates, to make statements to launch reports by their Committees, to lead debates on those reports or to speak on legislation that their Committees have scrutinised. Will my right hon. Friend please address that urgently?

[Mr Rees-Mogg]

I am grateful to my hon. Friend. I am very concerned and sorry to hear that so many members of the Liaison Committee are extremely clinically vulnerable. That is certainly troubling, but I hope that the steps that are being proposed and will be taken will be helpful to them.

Committee on Standards

Bernard Jenkin Excerpts

Tuesday 10th November 2020 Commons Chamber

[Mr Rees-Mogg]

My hon. Friend makes an absolutely right and important point. The perception of impartiality is as important with lay members of the Standards Committee as the reality, and just because somebody says “I am impartial” does not mean that they are necessarily impartial or that others will accept that assurance.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I very much regret it, but I do not think I can support my right hon. Friend on this particular matter, because I do not believe that being a member of a political party makes someone incapable of being impartial. Indeed, all the members of the Standards Committee who are Members of this House are members of political parties and we strive to be impartial, but my right hon. Friend has just indicated that we are not capable of doing that. Will he explain what he thinks was wrong with the appointment process that arrived at these two names? If there was no unauthorised departure from the appointment process—this is a question not of rubber-stamping but of making sure that a proper appointment process has been followed, and that seems to be the case—for us just to say, “We don’t like the look of this particular person so we are not going to approve them” does not seem to me to be a respectable way to conduct the business of this House.

Business of the House

Bernard Jenkin Excerpts

Monday 2nd November 2020 Commons Chamber

[Mr Rees-Mogg]

The hon. Lady has the opportunity to vote by proxy, and her vote can therefore be recorded. She also has the opportunity, as she has just shown, to participate in interrogative proceedings. On debates, the whole point of a debate is that there is a back and forth, and that requires interventions. It is not possible to do that remotely, and I must therefore refer her to the answers I have already given.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I thank my right hon. Friend for his response to the letter I sent on behalf of the Liaison Committee concerning what might change as tighter restrictions were applied. His letter arrived before the Government’s announcement. Is there anything in it that would change as a consequence of the announcement?