Privilege (Withdrawal Agreement: Legal Advice)

Bernard Jenkin Excerpts

Tuesday 4th December 2018 Commons Chamber

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

I am most grateful to you, Mr Speaker, for letting me speak now. I have been able to listen to the debate before deciding whether to speak. That may be unusual.

I rise to speak because the Public Administration and Constitutional Affairs Committee is in the process of concluding our inquiry into the status of resolutions of this House. We have been looking at the question of what we call “motions of return”: how they should be dealt with and what their legal status is. At the moment, how a Government responds to a Humble Address is merely a matter of precedent and convention. It is not a matter of law. It is not a matter of statute law or of common law. Therefore, this is not a device that should be overused or used irresponsibly. I am not casting aspersions on anybody’s motives. I just make that observation.

This House operates on the basis that it is not the Government. The Government exist as a separate legal entity and function when this House is not sitting, when Parliament is prorogued and even when Parliament is dissolved. Parliament holds Ministers to account and we scrutinise the work of the Government. We make the laws that bind the Government, and this House controls the supply of money to the Government and the Crown. But we do not run the Government. We have parliamentary Government, but not Government by Parliament. The point about labouring this little constitutional essay is that if we forget that, there is then confusion and we risk creating more confusion about how the distinct roles and responsibilities of Parliament and Government have to be divided if we use our powers and procedures irresponsibly, unpredictably, in the wrong circumstances, or—dare I say?—as a bit of oppositionism.

Where does that leave this Humble Address, a device that until very recently was not used since the 1850s? We find ourselves in a very abnormal political atmosphere. I will come back to that point in a moment. This device is known as a motion of return. If it was to be used indiscriminately and frequently, if the Opposition were to use the vulnerability of the Government to demand the advice to Ministers as well as legal advice, the minutes of internal meetings, previous drafts of policy or speeches, or matters of national security, it would be impossible to conduct the Government business. That does not happen, because we rely on the self-restraint of Parliament.

The credibility of the unwritten powers of this House depends on their responsible exercise. As they cease to have credibility, they will not be respected. Incidentally, the Select Committee has just returned from a visit to the US Congress. The US, of course, has a written constitution. One might think that that would provide all kinds of solutions, but it does not. They are suffering from exactly the same problems and exactly the same kind of breakdown in the understanding of the norms and conventions that surround their written constitution. Even in the US, it is not unknown for the Executive to ignore new laws passed by Congress.

I referred earlier to the normal atmosphere that we usually enjoy in politics and how, until very recently, motions of return had fallen into what our learned Clerks call “desuetude”—that is, they had ceased to be recognised as functioning bits of the constitution. So why are they being revived now? First, we have a minority Parliament. In particular, we have a minority Parliament where the confidence and supply agreement with the Democratic Unionist party appears to have broken down. Secondly, as in the US, politics has become extremely polarised, particularly between the two factions of remain and leave. The referendum demonstrated that the balance of opinion is different in the country from what it might be in this House. That presents particular challenges. Thirdly, just as in the US, there is a breakdown of trust: trust in politicians generally, and trust, restraint and respect between the political parties and between factions. We have noticed—have we not?—how deeply embittered some of the political arguments are particularly around the referendum and the European Union question. As in the US, norms of procedure and convention become overshadowed by partisan dispute and political opportunism. I invite the House to look at the US and the endless confected rows about matters of supposedly fundamental constitutional importance, which we can see from this distance are really just partisan politics.

There is a strong case for reviewing and codifying in some way many of the ancient devices, procedures and powers of this House, but that would not resolve what we should do today. The right hon. and learned Member for Holborn and St Pancras (Keir Starmer) underlined the real weakness of the justice in his case. Its weakness is a matter of procedure that is in the public interest. He warned the Government that they faced being found in contempt of the House. That supposes we are a high court of Parliament, which we are not, and that we are operating as some kind of judicial authority on this matter. But of course this Chamber is not behaving like anything we would recognise as a court. I am afraid that this vote is likely to divide on party lines. There is very little that is objective about this finding of contempt, which he invites the House to do in this debate.

The Government have made a sensible compromise. The hon. Member for Rhondda (Chris Bryant) said that the Government seemed to admit that they were in contempt. The amendment is an admission that there may be a contempt, by referring the matter to the Privileges Committee where there might be a slightly less partisan and heated atmosphere and where there might be a more objective atmosphere in which some of the ideas and procedures for sorting this out as quickly as possible could be reached.

I invite the Leader of the House to consider whether she would accept a little addition to her amendment—that the Committee should be required to report by 10 pm on Monday, so that there is no suggestion that the Committee is being used as a device to knock this into the long grass. I am going to give her my unqualified support for her amendment anyway, but I suggest that she could accept that proposal, or at least invite the Committee to report early next week in time for the debate—not that I think many people will change their minds as a result of what the Government may or may not publish. I think this issue has got caught up in this great dispute about our future relationship with Europe. It is the elephant in the room in the debate, and this is not necessarily the best circumstance under which the absolutist device of a Humble Address should have been exercised in the first place.

Bullying and Harassment: Cox Report

Bernard Jenkin Excerpts

Monday 5th November 2018 Commons Chamber

[Andrea Leadsom]

The hon. Gentleman makes a really important point about changing the management of the House and not just the processes. I will come on to that, if he will bear with me, but I want to first finish talking about what is currently available, because it is incredibly important for all those who want to come forward with a complaint.

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

The point raised by the hon. Member for Huddersfield (Mr Sheerman) is a very salient one. We spend an awful lot of time looking at processes and procedures, writing down codes and adjusting rules, and very little time thinking about how we change the culture. It is not about the management of this place; it is about every single right hon. and hon. Member in this House. We lead this place, and we set the example and the tone. The question is how we want the governance of this place to change the culture, and that falls on us, not on some obscure committee elsewhere to take that responsibility away from us.

[Andrea Leadsom]

My hon. Friend makes a really important point. I will come on to governance issues, but I would like to finish talking about the processes that we have put in place since July this summer.

--- Later in debate ---

[Valerie Vaz]

I think my hon. Friend is saying two slightly different things: that someone has to get on the phone and that Members will do it. We could say to people that training is available and that everyone has to undertake it. For example, people in the civil service have to go through training before they can interview anyone. I think it is perfectly reasonable to say to Members that they should undergo some training.

[Sir Bernard Jenkin]

This point about training is very contentious. I am afraid that Members of Parliament are not civil servants. It is only recently in the history of the House of Commons that Members of Parliament were considered even to be employed in legal terms. Until the mid ’60s we were self-employed. The idea that we should be treated as civil servants is not right. The hon. Member for Rhondda (Chris Bryant) is completely right. If training were available and those in leadership positions in this House set the right example, by taking the training themselves and telling junior Members that they are expected to be trained in these matters, training would become part of our culture. It depends on the leadership, not compulsion.

[Valerie Vaz]

I was not suggesting that this is like the civil service. I was just saying that if you are going through a process you need to be trained in it. I think that some people do not understand what sexism or racism is. They do not understand certain behaviours. If people at the top are expected to do it, everyone should do it. There is not an issue; half a day should be acceptable.

--- Later in debate ---

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

I follow the right hon. Member for Carshalton and Wallington (Tom Brake) who sits on the Commission, and I am grateful for his account of the Commission’s discussions and intentions. He threw into his remarks references to culture, and “culture” is a word that drops into this debate quite easily. I will discuss later in my remarks how we should perhaps be exploring what we mean by the word and how we might address the culture. He said that

“deference, hierarchy and the abuse of power”

are in the culture and that we all have a role to play, and he went on to discuss what all Members must do, but I look around this Chamber now and do not see all Members here. In fact, I see a rather small minority of Members here, and part of the problem is that the whole of the House of Commons is not engaged.

I look upon Dame Laura Cox’s report as a very serious piece of work setting out very big challenges, but I do not think it is the first word and I doubt very much that it will be the last word; I gather we are to have another inquiry into a different aspect, concentrating more on the way in which Members treat their staff. It is important that we get above this and think about how we can develop a conversation about what sort of House and institution we want to be, how we are going to develop our personal behaviour—our individual values, our principles—in order to advance that objective, and how we engage all Members in that conversation.

I was very grateful to my right hon. Friend the Leader of the House for quoting words that I well remember drafting as part of the submission that the Committee I chair made to the Straw Committee on the future governance of the House. The point I was making in those words, which referred to governance, leadership, values, attitudes and behaviour, was not that the changes to the governance structure would fix the problems. My right hon. Friend the Leader of the House said that we need to democratise the governance of the House, and I am certain that we do need to make transparency and accountability more evident, but these things in themselves will not solve the problem.

To some extent I agree with my hon. Friend the Member for Shipley (Philip Davies), who referred in person to the office of Speaker. I have not been part of any campaign to remove the Speaker as a result of the Cox report, because he is but one figure in the House who is accounting for the culture of this place; there are far more people giving permission for the wrong behaviours and wrong attitudes than just one person, and we must keep that perspective in mind.

The question we perhaps need to ask about the House of Commons Commission if we are not satisfied with its conduct is that old friend Quis custodiet ipsos custodes? Maybe there needs to be some kind of informal, or perhaps formal, oversight body that discusses what the Commission does and that gets it to report more formally than it does, but I do not suppose that that will actually deal with the problems we have got.

In the Public Administration and Constitutional Affairs Committee submission to the review of the House of Commons code of conduct we point out that governance and compliance are not synonymous, and that structures and procedures can embed change and culture but cannot on their own create the right culture. What we need to think and talk far more about is what we mean by our values. When we sit in the Tea Room with our colleagues we do not talk much about values. What do we mean by values? Values are about the way in which we should seek to live and, incidentally, to lead. Our values should be evident in the way in which we lead and in the principles by which we conduct ourselves in this place and in our lives. The rules, which are enforceable and whose breach will cause punishment, are a relatively ancillary question, yet so much of the debate is about creating new rules and punishments and not about explaining how we live our lives better in this institution.

The big question is: how do we hold this conversation? When the House divided on these matters a little while ago, barely 100 colleagues voted and I should not imagine that 100 colleagues took part in the debate either. How do we hold this conversation about the values and principles that we want to demonstrate in our leadership of public life and that should be evident throughout our entire institution?

Private Members’ Bills: Money Resolutions

Bernard Jenkin Excerpts

Monday 21st May 2018 Commons Chamber

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

Thank you, Mr Speaker, and I say to the hon. Member for Perth and North Perthshire (Pete Wishart) that I hope that he and his colleagues from Scotland will continue to avail themselves of the opportunity to propose private Members’ Bills in this House for a great many centuries to come.

This debate is confined to the narrow question of money resolutions for private Members’ Bill. We are not here to debate constituency boundaries, even though you have allowed a certain amount of latitude, Mr Speaker, but I should draw the House’s attention to a report published by the Public Administration and Constitutional Affairs Committee in February entitled “Parliamentary Boundary Reviews: What Next?” The report stated that the Government cannot be confident that the House of Commons will support the implementation of the present boundary recommendations in the autumn, concluding that

“if it moved quickly, it would be possible for the Government to introduce new legislation to allow for a new boundary review and for it to be implemented prior to a 2022 election”—

or a 2021 election. We also concluded that any proposals

“would need to be properly debated by Parliament and a consensus reached”

but that there are

“serious problems with using the existing boundaries for a further election in 2022”

or 2021. Our sole recommendation was therefore that

“the House of Commons should be given an early opportunity to debate the options for reform and to decide whether or not to continue the current boundary review. In doing so the House would need to consider the potential risks of legislating, and establish if consensus can be reached in time for legislation to be passed before the summer. The Government should consider if the Parliamentary Constituencies (Amendment) Bill—

the Bill presented by the hon. Member for Manchester, Gorton (Afzal Khan)—

“could provide such an opportunity.”

The purpose of that recommendation was simply to draw the House’s attention to the position that we are in. The Government are in danger of leaving the House of Commons with Hobson’s choice when it comes to the timetabling of a vote on the boundary review, which will be in September or October, because it will be very late indeed—if not impossible—to legislate for an alternative boundary review. Nevertheless, it is entirely plausible that the House will vote down the 2018 boundary review.

On 17 February 2000, Oasis were at No. 1 and Tony Blair had not yet been Prime Minister for three years. If somebody born on that day was elected in 2022, they would be younger than the data used to formulate the boundary review. However, that would not be a democratic disaster. Democracy would still work and people would still vote intelligently in their constituencies, but we would be failing in our duty to provide a fair democratic system that commands the public’s confidence.

I rather lament the partisan division that has opened up over the boundary question, and we in the Conservative party must share a measure of responsibility for that. An arbitrary limit of 600 was set in order to “reduce the cost of politics”, but—let’s face it—there was something of an electoral gimmick in that proposal and it did not command confidence. The 5% variation between the size of constituencies that we included in our legislation was extremely controversial, and we have lost some of the consensus around boundary reviews that I used to see in my earlier years in the House.

I am bound to say that there is a certain amount of pots and kettles in all this, and if the Labour party is genuinely seeking a consensus, it could provide the Government with an assurance about how a new boundary review might proceed. I hope such conversations are going on. For example, to use a new boundary Bill as a Christmas tree for things that the Labour party would like to its electoral advantage would undermine confidence in that consensus, but conversations should be happening. That would be better than this rather scrappy debate, which does not serve this House’s reputation well.

[Chris Bryant]

I wholeheartedly agree with what the Chair of the Public Administration and Constitutional Affairs Committee has already said, not least because unless we are able to provide a consensus on such matters there will not be a lasting constitutional settlement. What does he think would happen if the boundaries were voted down in September or October, as was suggested on Second Reading of the Parliamentary Constituencies (Amendment) Bill, and there were to be a general election next year or in 2020? What boundaries would be used then, and what political confidence would the nation have in them?

--- Later in debate ---

[Mr Jenkin]

I have made that point already. There would be no democratic disaster; we would not be going back to 1832 and rotten boroughs, for goodness’ sake. The boundaries would just be rather old. The electoral data in our constituencies would be up to date, but the data used to draw the boundaries would be out of date. Government Members have argued that traditional boundary reviews have been carried out with rather unequal constituencies, and there is a consensus, as represented by the Parliamentary Constituencies (Amendment) Bill, that constituencies should be more equal—that point has been conceded.

I hope that there is a consensus, but the danger is that we are losing the opportunity for this House to make serious choices while we wait for the boundary review. It would be entirely legitimate for my right hon. Friend the Leader of the House to say that we should not commit to spending more money on a new boundary review until we have decided on the old one. I am simply saying what my Select Committee recommended, which is that we bring forward the decision. The shadow Leader of the House, the hon. Member for Walsall South (Valerie Vaz), is nodding, but her party has many opportunities to put something on the Order Paper that would make that decision. She has sat on this report since February, so why have the Opposition not done something more proactive if they feel so strongly about this? [Interruption.] The hon. Lady is now looking aghast, but there are Opposition days on which a resolution could be tabled to give the House the opportunity to decide on the matter.

I just want some consensual, grown-up discussion, and I do not see much of a future in continuing the scrappy discussion that we have had so far. The Select Committee’s report has received a formal response from the Government, and we will be considering it soon. I am advised that I cannot refer to it, but I say, “Don’t hold your breath.” I think it leaves the Government with room for manoeuvre to be flexible and adaptive to the present situation, and I hope that my right hon. Friend the Leader of the House will take that message back to the Cabinet.

[Several hon. Members rose—]

Independent Complaints and Grievance Policy

Bernard Jenkin Excerpts

Wednesday 28th February 2018 Commons Chamber

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

It is just a few months since Parliament faced a wave of allegations of bullying and sexual harassment, in an atmosphere in which it was at times hard to distinguish real and serious cases from the proliferation of accusations and rumours. It exposed the lack of a credible, transparent and robust system for addressing legitimate complaints and grievances about bullying and sexual harassment. It led to the establishment of the working group and its report, which I fully support. The report is carefully drafted and reflects a great deal of thought and discussion.

The working group has proposed first, the adoption of a new shared behaviour code for all who work in Parliament and its Members; and secondly, the introduction of a new independent complaints and grievance policy to underpin the behaviour code. This, not surprisingly, concentrates on creating new rules and new procedures for investigating incidents and complaints, not least to try to address the present hotch-potch of arrangements for different categories of people and the glaring gaps in the system, such as the oversight of how we MPs employ and care for our staff.

The working group has rightly spent a lot of its time discussing and defining what constitutes the bad behaviour that must be called out. But there is also a need to address how Parliament arrived at this situation—how a culture of tolerance towards bullying and sexual harassment has become embedded and was left substantially unchallenged until now. Very few people who come into political life and to work in Parliament—at whatever level and whatever capacity in this building—are bad people, and most are appalled by the culture that has been exposed.

So how have we let this happen? After all, MPs are already subject to the House of Commons code of conduct. As employers, we are already covered by employment law, and there is the Respect policy to protect staff of the House. It is clear, however, that there needs to be a wider and continuing discussion about the positive attitudes and kinds of behaviour that we want to promote in Parliament and in public life, and what the values and principles are upon which those positive attitudes and behaviours should be based.

The remit of the Public Administration and Constitutional Affairs Committee, which I chair, includes oversight of the Committee on Standards in Public Life, the ministerial code, the civil service code and the special advisers’ code. More broadly, much of PACAC’s work is concerned with leadership and governance in the civil service and public bodies, so we have done a lot of work on this area.

In December, PACAC submitted evidence to the working group, drawing on the work that PACAC has carried out in other areas. This was in the form of a letter to the Leader of the House, which she kindly acknowledged, although it was not included among the record of written submissions received by the group. I know that it was substantially discussed, and I am grateful to the hon. Member for Walsall South (Valerie Vaz), the spokesman for the Opposition, for drawing attention to it, too.

Some of the reasons for our failures are practical and procedural, and the working group has made great strides to address these. However, it is also clear that there is confusion among MPs and others about what behaviour should be subject to public scrutiny and what should be regarded as entirely private. As we argued in our submission to the Parliamentary Commissioner for Standards’ review of the House of Commons code of conduct last year, this confusion is not resolved by our current Commons code—far from it. PACAC set out the fundamental ambiguity about whether our Commons code of conduct was intended to function as a set of principles governing the whole of Members’ behaviour, which would naturally extend, to a degree, into the private sphere of MPs’ conduct, or simply as a set of regulations, mostly about financial disclosures, relating only to an MP’s public role. The 2015 code states that it does not seek to regulate what Members do in their private and personal lives, yet it is clear from the recent controversies that it is not always possible to keep the two as separate as many of us would like.

The risk now is that the new behaviour code will again be mainly concerned with rules and regulations and new enforcement procedures, but if that is just patched on to the present system, which has manifestly failed on at least one of its main objectives—to promote public confidence in the standards we observe in Parliament—we should not be surprised if problems continue to arise. The working group is right to promote a system of training to support the new code—there might be problems with persuading some colleagues that they should be subject to the training, as I will come to; it is easy to put such a thing in a document, but there might be practicalities when it comes to persuading colleagues to participate—but what about extending that to training about what the seven principles of public life actually mean in the lives of all public figures in this place?

[Caroline Lucas]

I cannot wait to find out whether the hon. Gentleman agrees that in order to persuade colleagues to undertake training some kind of sanctions might concentrate people’s minds—for example, having pay docked, or something similar.

[Mr Jenkin]

I am so much more in favour of persuasion than coercion. You can lead a horse to water, but you cannot make it drink. We could force MPs to attend a training session, but what kind of attitude would they have towards that training if they did not want to do it? Let us take a step back and think about how we want to do this. I agree with the hon. Lady, however, that unless we promote conversation and understanding about the principles and values that should guide behaviour, the risk is that confusion about what is acceptable will persist.

Rules and regulations are, of course, important, but PACAC’s work has shown so often that when rules are not underpinned by clear principles and values that are understood, discussed and talked about, the outcome is a preoccupation with compliance with the rules rather than with upholding what reflects the values and principles we want upheld. The road to damnation is all too congested these days with people arguing how their conduct was “within the rules”.

[Jo Swinson (East Dunbartonshire) (LD)]

I am enjoying the hon. Gentleman’s comments. He is talking about what we can do to improve the culture in this place, and I wholeheartedly endorse his suggestion of training on the seven principles of public life, although I actually think that we probably do need some sanctions and mandatory training. Does he think we need a different way of looking at this? It would be arrogant of someone to take the view that they did not need training, as if we stop learning at 18, when we leave full-time education, rather than continually aiming to find out more and work out how to do our job and fulfil our responsibilities better—and that includes continual learning and, yes, continual training.

[Mr Jenkin]

I could not agree more with the hon. Lady, and I so much want her to win this argument and win hearts and minds, rather than have to resort to coercion, which would be so counter-productive.

To avoid just being preoccupied with compliance in the future, both the regulations and the principles and values that we want behaviour to reflect must be clearly set out and adjudicated. Perhaps only a breach of the rules should attract sanction, but nevertheless there needs to be some authority—we suggest, in respect of MPs, the Parliamentary Commissioner for Standards—who would at least call out people who are failing to live up to the principles and values we have all signed up to. We also argued in our submission that the rules should be adjudicated by a separate person with appropriate legal expertise—the appointment of legal advice to the commissioner is a really good step in that direction, because the role of the commissioner as a thought leader is perhaps more important than her role as an adjudicator of rules.

The working group recognises the need for comprehensive training for MPs, peers and staff to help them to understand and prevent harassment and sexual abuse and to assist professional practice and Members in their position as employers. It is essential, however, that the work to embed the values outlined in the behaviour code throughout the parliamentary community be led by leaders, including MPs and peers themselves, and not delegated to support staff, who will not have the authority to carry out the kind of training that the hon. Member for Brighton, Pavilion (Caroline Lucas) referred to earlier. The culture of an organisation is the responsibility of its leaders. We parliamentarians must be the champions of change, or it will not happen, and we must be held accountable for its success. We cannot delegate this vital governance function to anyone else, and nor will Parliament secure public trust if we seem incapable of exercising effective governance.

[Caroline Lucas]

What concerns, if any, does the hon. Gentleman have about the role of the Standards Committee in identifying what is a relevant sanction? Does he share my concern that the Committee, being partly made up of MPs, might be open to the accusation of MPs marking their own homework, if essentially it will be MPs making the final decision on whether a colleague is expelled for long enough to lead down the road to recall?

[Mr Jenkin]

All these ideas for what sanctions should be available are good ideas, but the accusation of marking our own homework is an unavoidable consequence of the constitutional position of this House and the other place. The advice on the basis of which we mark our own homework must, however, be much more explicit, which is why the provision of legal advice to the Parliamentary Commissioner for Standards is important. In the end, adjudication on far clearer legal principles by someone with juridical experience of judging evidence and rules, such as a retired judge, is preferable to this rather vague arrangement at the moment. That is not to criticise any past or present commissioner; it is just that we ask that person to take on an enormous responsibility—adjudicating rules and evidence—for which they might not have had much training or experience. It is only “one” of the qualifications of the job, as opposed to “the” qualification in respect of a legal adviser or separate adjudicator. I hope that that answers the hon. Lady’s question.

On the introduction of an independent complaints and grievance policy to underpin the behaviour code, I am delighted that the working group has recognised the need to change procedures to ensure that all levels of inappropriate behaviour can be addressed proportionately and effectively. It has also recognised the need to ensure that appropriate support be available for both complainants and alleged perpetrators and, crucially, the need for a human resources service for MPs’ and peers’ staff. I would like to endorse these conclusions, the latter of which was also included in the PACAC submission to the working group.

Like the expenses failure in 2009, the recent scandal is largely about a failure of our own governance, and this stems, to a significant degree, from a failure by Parliament to establish means by which we can be more mindful of ourselves as an institution. As always, in reaction there is a cry for tougher, more comprehensive rules and tougher sanctions against those who break them, and this is undoubtedly important. Good governance is also, however, about much more than this, and we now have an opportunity to have a much more positive conversation about the values we want to promote and which we expect public leaders to live by. I hope that the proposed behaviour code will clearly set out those principles and values, and that the review and scrutiny of the new system’s success will assess how successfully they are being embedded in our attitude and our behaviour.

This reform also needs to be properly integrated into a reformed House of Commons code of conduct. I know that my right hon. Friend the Leader of the House has said that there will be changes in the code as a consequence. She emphasised that the working group had agreed that there should be a review of these recommendations once they are implemented, and I am grateful for that. PACAC recommends that the review should be overseen by a Joint Committee of both Houses, which should also include representatives of unions and employees’ organisations such as the working group. Its work should also cover the codes of conduct of both Houses. I fear that if such a review is not conducted and we fail to integrate the new arrangements fully with the existing arrangements in both Houses, we will not have established the stable and robust system for the future that we all wish to see.

--- Later in debate ---

[Mr Harper]

I see the Chairman of the Committee nodding, so I have got that right. That provision gives both the wider House and members of the public confidence that the information put before the House is not just the views of MPs; it is also the views of lay members of the Committee. That brings a useful check on our views about what is and is not appropriate behaviour.

[Mr Jenkin]

My right hon. Friend is right to say that having the lay members present when decisions are made gives the Committee on Standards more authority, but there is something odd about the Committee adjudicating on rules and evidence—that should be done by a lawyer. These decisions would have much more authority if they were handed to the Committee by someone with the right juridical experience and standing, and the Committee was told, “This is the judgment. If you overturn this, you are overturning a respectable legal opinion. On your own head be it.”

[Mr Harper]

I listen carefully to what my hon. Friend says and put a fair bit of weight on it, given that he chairs the Public Administration and Constitutional Affairs Committee, but I do not entirely agree with that. I have taken the trouble over the years to read the reports of the Committee on Standards, particularly the serious ones, and the reports of the parliamentary commissioner. The thing that has always struck me—I do not know whether other Members have thought this—is the thoroughness with which the parliamentary commissioner has looked into serious allegations. I have often thought to myself, “If you were ever tempted not to uphold the very high standards of behaviour, you really would not want to be subject to that level of scrutiny, because it is fairly exacting.”

I do not know whether Members have looked at these reports, but I can tell them that the parliamentary commissioner goes into things in considerable detail. The reports that are put before the Committee on Standards by the parliamentary commissioner are very thorough and detailed. There is a perception outside the House about the view that MPs on that Committee take, but when I have read its reports I have always felt they have been very balanced, tough and fair. When one reads them, one finds that it is not clear that there is any bias coming into them from the party views of the MPs. I have always thought that system is a pretty good one. As I have said, the only gap in it was rectified by the addition of lay members, who bring that useful outside perspective and check. But I listened carefully to what my hon. Friend said and I am sure it will be reflected upon by the House more widely.

[Mr Jenkin]

We have had one case in which the Parliamentary Commissioner for Standards and the Committee on Standards reached one view, but when the same issue was then challenged in the courts a judge took a much harsher view. That completely undermines the authority of the system we have, and we need a much more legalistic approach to the adjudication of rules and evidence, whatever punishments the Committee may have decided to hand out.

[Mr Harper]

I hear what my hon. Friend says. I do not entirely agree with him, but I do not wish to deviate from this debate into a wider discussion of standards.

My final point is about training and culture. The hon. Member for Perth and North Perthshire made a sensible point about MPs’ backgrounds, but I wish to pick up on his slightly prejudicial comment that assumed that everybody on the Government Benches has a privileged background, which is entirely not true. I will not bore him with the fact that I was the first person in my family to go to university, my father was a labourer and we had certainly not had any Members of Parliament in the family before—I just want to challenge the hon. Gentleman’s prejudices—but he made a sensible point: MPs have a very varied set of backgrounds. Some have run their own businesses and employed significant numbers of people. Some, like me, have worked in a business for others, and I have experience of managing teams. Others will come to the House having never managed anybody before in their lives.

Members obviously come to the House at a variety of ages and with a variety of other experiences. We are all then plunged into employing members of staff. As the Chair of the Public Administration and Constitutional Affairs Committee, my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), said, Members come to the House with the very best of intentions but often do not have the required skills. We therefore need to improve the training on how to employ and manage people and on the expectations that we set. We also need to provide HR support not only proactively, so that Members are better trained and supported, but so that we have somebody to ask questions if there are challenging issues that we are not comfortable dealing with. That would be valuable.

I welcome the recommendation that training should be part of the induction process for new Members. I do not think there is a massive gap between the position of the hon. Member for East Dunbartonshire (Jo Swinson) and that of my hon. Friend the Member for Harwich and North Essex. I think that everybody should go through the training, but the challenge is that we can mandate that everyone goes to a training course and physically turns up at the room, but we cannot mandate that they will listen attentively and change their behaviour after doing so. It seems to me that the people who are least likely to go to the training are probably those most in need of it.

As the hon. Member for East Dunbartonshire said, the challenge is to persuade people that they should go on the training course, listen and change their behaviour. The proposals to which the hon. Lady referred on publicising whether people had been on the training course, so that there is peer pressure and people feel they should go and so that the staff they might wish to hire put pressure on them, are a good idea. Nevertheless, for new MPs, it should be part of the standard set of training that every Member undertakes, so that we set the expectations correctly.

That leads me to the second part of my final point, which is about the culture of this place. I have listened to the debates we have had on this issue over the past few months and thought about my own working career. I was perhaps fortunate to work for two businesses that took management and how they treated their people very seriously. I went on training courses on how to manage people and set expectations and on what was expected. Staff members were empowered to speak up, and it was recognised that speaking up on a whole range of issues—whether how we ran the business or how people behaved—was the right thing to do. That set the right sort of culture, which is not always the case.

I have thought through some of the comments that have been made over the past few months. Examples of behaviour have been given and people have said things like, “That sort of behaviour was acceptable a few years ago, but things seem to have changed.” I thought back to when I started my working after leaving university, which is tragically a lot longer ago than I care to remember, in 1991. I thought through some of the specific examples we have read about, and whether they involved Members of this House or people outside it, we heard people say, “This sort of behaviour used to be acceptable.”

I was thinking back to when I started work 27 years ago, and I concluded that, actually, those sorts of things were not acceptable. The difference between then and more recently is that people used to get away with behaving like that. What has changed is not that certain behaviours are no longer acceptable—actually they never were acceptable—but that people cannot get away with them now, and that is right and an improvement. What we are trying to deliver with the training and the change of culture is that everybody accepts not only that those sorts of behaviour are not acceptable, but that no one will let people get away with them.

--- Later in debate ---

[Sir Kevin Barron (Rother Valley) (Lab)]

I beg to move amendment (a), after “others,”, insert

“in consultation with the Committee on Standards and the Parliamentary Commission for Standards,”.

The Committee on Standards has discussed the working group’s report and authorised me yesterday to write to the Leader of the House setting out its unanimous view. The letter was published on the Committee’s website. The Committee welcomes the report and strongly supports its commitment to zero tolerance of sexual harassment, bullying and harassment within the parliamentary community.

Members will have seen that an amendment, which was tabled yesterday, was signed by all the elected members of the Committee, calling for the Committee on Standards and the Parliamentary Commissioner for Standards to be formally consulted as part of the process of implementing the working group’s recommendations.

We were a little surprised not to have been mentioned in the motion, as the House has given the Committee and the Commissioner important roles in dealing with the conduct of Members. May I say to the Leader of the House—I am sure I can say this on behalf of all members of the Committee—that I welcome what she said earlier in relation to the Standards Committee and the Parliamentary Commissioner being involved in future work.

The House should take note of the fact that we are currently carrying out a long-planned review of the code of conduct, which will be announced in due course. The current review will obviously be informed by the working group’s report. As Members have said, the Committee is unique among Select Committees in containing lay members. Those lay members, along with the Commissioner, provide a much needed element of independence in the current standards system.

May I just react to one or two exchanges that have taken place this afternoon? It is true to say that lay members are not allowed to vote. That was the wish not of the Standards Committee at the time we set up the first three lay members many years ago, but of this House. My understanding is that the House did not want to bring the law inside this place and inside its Committees.

The hon. Member for Harwich and North Essex (Mr Jenkin) has been talking about bringing in the law. As I understand it, that would be a big step. I think the reason why lay members were not given a vote was that we were advised that we could not take them on without bringing the law into the Committee system. I still think that if we are going to legislate on that at any stage, we should give that some consideration.

[Mr Jenkin]

rose—

[Sir Kevin Barron]

I will give way to the hon. Gentleman, but just let me say this: I do not understand the case that he mentioned—about the judge taking a harder line on a case than the Committee did. We are not involved in taking our judgments to law. The law is a completely different process. From time to time, we will refer Members there if it is felt that there is anything that is a matter for the law and not for the Committee.

--- Later in debate ---

[Mr Jenkin]

I am grateful to the right hon. Gentleman for giving way. I think he knows the case to which I was referring. I will not name it, because it is too tiresome. It was a case in which the Committee adjudicated on someone who then tried to make the same case in a court of law under a completely separate jurisdiction, and he lost his case. He was also criticised by Ofcom. The point is that the proposals that PACAC has made are not about bringing the judiciary into our own proceedings—this is not about that—but about the House appointing our own legal person to make these adjudications on behalf of the House, and on behalf of his Committee so that he has a far more unimpeachable judgment handed to his Committee on which to act than he is compelled to work with at the moment.

[Sir Kevin Barron]

I think I now know the case that the hon. Gentleman is talking about. The person in question did not agree with what happened to him, and he went to court and got nowhere. If it is the case I am thinking about, the court supported exactly what the Committee had said about the individual involved. Let me move on.

As hon. Members will know, the current system has developed as a series of merely reactive measures in response initially to the cash for questions scandal in the 1990s and, more recently, to the Members’ expenses scandal. This means that it is arguably skewed too much towards issues of financial impropriety—important though they are—and neglects other aspects of Members’ conduct and behaviour towards other people.

--- Later in debate ---

[Jo Swinson (East Dunbartonshire) (LD)]

It is a delight to follow the hon. Member for Redditch (Rachel Maclean). It sounds as though she has some excellent skills and perspectives that will be important in the consultation about how to make this organisational culture change stick.

As a member of the working group, I very much welcome the motion and the debate. As well as making specific comments on what we put in the report, I want to talk about the wider context. We have come at this issue in Parliament from the events at the end of last year, which followed hot on the heels of the Weinstein scandal, and in recent weeks we have heard about the issues in the charity sector. An important point for us all to remember is that this is not a problem in any one specific industry. This problem is endemic across society and every sector. It is important that we get our house in order with our own procedures, but we also need to understand the wider perspective and the wider societal cultural change that, as parliamentarians, we have a role in leading. That is why it is vital that what we do is of an excellent quality and can act as a beacon to other organisations and institutions that are trying to grapple with similar issues.

Of course, for all that we have seen these cases in politics hit the headlines, I am painfully aware of how many women are in positions with so much less power than those connected to this place—women working in low-paid jobs—whose cases do not hit the headlines. We read in the briefing from the Young Women’s Trust that three in 10 young women have experienced sexual harassment at work. This is happening all over the country.

The working group was a generally positive experience, if occasionally frustrating, but that was partly because we were grappling with difficult issues. I would like to praise the contribution of the staff, particularly the three representatives of staff who work for Members in various parties and the experts who advised the group. I for one learned a huge amount from listening to what they had to offer and the wisdom they had to impart.

These issues are not easy to deal with. We all come to them saying that we want to deal with them and get it right, but there are sensitive issues to work through. The right hon. Member for Forest of Dean (Mr Harper) talked about confidentiality. On the one hand, if names are published, that might encourage others to come forward and we might spot more patterns. On the other hand, that might discourage some people from coming forward because of the fear that their anonymity will be breached. We had a lot of discussions about how we work through that and how we deal with historical allegations and people who have already gone through a different process and are very upset with how that went. There are no answers to some of these questions.

We also discussed at length the interplay with the criminal justice system. While we want to ensure there is support for people who want to pursue a criminal conviction in a case of sexual assault, for example, we recognise that in the survey we did, a tiny proportion of people—I think it was 2%—said that they would feel comfortable to go to the police in those circumstances. We looked clearly at how we could provide people with support if they wanted to do that, but we also looked at how we could give them control, so that if they wanted the case to be pursued as a grievance and effectively as a matter of professional conduct, it could be dealt with as an employment issue, rather than their being forced to have faith in our criminal justice system, which they may not have.

It is because this is not easy that the review clauses we have suggested are so essential. I am very confident that what we propose today will make things much better. I am also very confident that it will not be perfect. It will only improve things if we make sure we review it regularly and learn from what works well. There may well also be cases where it does not work well, and we need to make sure we take those lessons on board and not be overly defensive about that.

I also want to touch on the issue of gender. Harassment, bullying and sexual harassment happen to men as well as to women, but we know from our survey that they happen to women more often. The hon. Member for Harwich and North Essex (Mr Jenkin) posed an essential question: how did we let this happen? Part of my answer to that is that this institution was designed by men and built for men, and for the largest part of its existence, it has been run by men and made up almost exclusively of men. Therefore, the place of women within the institution, whether in this Chamber or among the staff who support our work, has not been viewed as equal.

As women in Parliament, we have all experienced being talked over in meetings, questioned about whether we are allowed to be somewhere—whether we have the right to be on the Terrace, or in a particular lift during a Division—and asked whether we are a researcher or a cleaner, instead of a Member of Parliament. A woman journalist bravely reported that somebody said to her, “Here comes the totty.” We now know that many other women journalists have experienced similar, and indeed worse, treatment from people in this place. When I was a Minister, I learned of a former Minister from the House of Lords who had engaged with his male private office staff but refused to speak to or take seriously the female staff, even when they were more senior, because they happened to be women. We know that these things happen.

I was really struck by the Young Women’s Trust briefing, which states that 89% of women MPs and 58% of men MPs say that sexism still exists in Parliament. That gulf is significant. Almost all women know that there are still instances of sexism, but only just over half of men recognise that. That gulf is part of the problem, and it is part of the reason for the complacency that still exists. We are talking only about gender, but there is a layering of race, LGBT and socioeconomic barriers and disadvantage that all come together in this place.

Not every man does it, but this kind of behaviour is present in every single political party, and we all experience it and see it from time to time. It is not just a few bad apples; it is cultural. We all—women, too—have the capacity to make these assumptions or thoughtless comments. When we are in a position of power, those comments have so much more force, and we have an extra responsibility to be aware of that. I say to all Members of the House, including myself, that often when these things happen, they are tolerated. Someone will roll their eyes, or they will be embarrassed, but the behaviour is not always called out because doing so may feel uncomfortable or inconvenient, or it may be easier not to rock the boat. Part of what we need to do is to challenge and tackle that culture throughout our work in this place.

I want to touch on a couple of issues in the report. The behaviour code will be the foundation of what we do. It needs the widest possible involvement of Members and staff, and of passholders who are not in those categories, to ensure that it is built on a shared sense of values. That is vital to ensuring that it has the resonance that we need it to have so that people really buy into it.

There has been quite a lot of discussion about training, which I think is essential. For anyone who employs staff, such training should be part of what they have to do to access funds from IPSA to pay somebody. Training is also needed on harassment and issues of consent. When I did an interview on the day the report was released, I was challenged on the “Today” programme by John Humphrys, who said, “Surely, MPs know what is appropriate behaviour.” If that were universally the case, we would not be in this situation. There is no room for complacency. The #MeToo movement shows us that. It is, incidentally, why I think we need consent education in relationships and sex education in schools for all pupils, and I am slightly dismayed at the Government’s recent rowing back on that.

[Mr Jenkin]

The hon. Lady is making such a good speech, particularly when it comes to the point about assumptions. If we want to change culture, everyone has to stop making assumptions about their own beliefs and other people’s. We need to talk about that and get it into the open, without judgment. I agree with her wholeheartedly about training for MPs who employ staff. Ultimately, if an MP has not been through a basic training package, why should the taxpayer allow them to employ their own staff?

[Jo Swinson]

I would welcome the hon. Gentleman’s support on those points.

Some of what we experience on these issues of harassment is undoubtedly deliberate—done with intent and entirely with knowledge—but some is inadvertent. It is to tackle that complacency that the training is so essential. There will be people who sometimes do not understand the impact of all the words they use. I attended a recent session on anti-Semitism by the Holocaust Educational Trust, which was fascinating, and the more we can all listen and learn from the experiences of others, the more that will help us to engage in a more mature way on these issues.

That cultural change is important. Sarah Childs, as the hon. Member for Perth and North Perthshire (Pete Wishart) outlined, produced an excellent report in “The Good Parliament”. She recommended ways in which we could change the culture. She also gave evidence, and she talked about challenging the exceptionalism of MPs—that we think we are in some kind of unique scenario. Yes, there are many elements of our job that are very unusual, but that should not be some kind of excuse for not having basic professional standards. That might be about good employment relationships; if we had good employment practice, that would deal in large part—not entirely, but in large part—with the problems we experience here. It might also be about the macho approach to late-night sittings, which are some kind of badge of pride—the parliamentary equivalent of having a jacket on the back of the chair in the office. That is not how modern workplaces are effective, so that cultural change is essential.

I agree with the hon. Member for Brighton, Pavilion (Caroline Lucas) that we need as fast as possible to extend the behavioural code to Members of Parliament and staff of Parliament, wherever they are when they are in that role and carrying out their duties—whether they are in their constituency, in an office or at some event, or whether they are here in Parliament.

I know that others want to speak, so, in conclusion, let me say that the problems that we are facing are not unique to Parliament, but we all have our part to play in dealing with them. This motion and this report are an important first step. They will lead to a real improvement and hopefully help us to get our own house in order.

--- Later in debate ---

[Jess Phillips]

That does reassure me to some degree. My concern is that the complainant, as is always the case in such instances, has to do an awful lot of work. We need to make sure that they are supported all the way through the process. There is also the issue of equality of arms. As Members, we are much more powerful than most people and we are much more frightening than most people. [Interruption.] I am, that’s right! I would like to think that I can recognise that and employ it appropriately, but I still worry that there will be a power imbalance. The working group has done everything it possibly could do on a matter that is very difficult, and I imagine there were lots of voices on both sides. I will finish by just saying that I totally commend the report—

[Mr Jenkin]

rose—

[Jess Phillips]

I will give way to the hon. Gentleman, who is loquacious today.

[Mr Jenkin]

I am grateful to the hon. Lady, because I think she rightly points to the necessity that, as employers, MPs, because we are public figures, must be held to a much higher standard than we would expect of an ordinary small businessman and employer outside. That is because we are accountable, we are expected to be accountable and we are expected to be leaders and example-setters. I think, however, that the report addresses that and her concerns, because there will be HR support from outside the Members’ office for the staff of Members of Parliament, so they get the support and counselling they need to take a complaint against their employer in a way that has not existed before. I think it is a very important reform.

[Jess Phillips]

I totally recognise that and I am very happy with the progress that has been made. I personally felt listened to throughout the process, and I thank the Leader of the House and the shadow Leader for that. The system will need to be tested as we go through it. Lots of people have talked about review. It will be strength-tested by those who go through it. We have to ensure that, when the first case comes and things have not been as they should have been, we do not close ranks with each other. I will always commit to being the person who closes ranks with the people on the outside. I commend the report.

Independent Complaints and Grievance Policy

Bernard Jenkin Excerpts

Thursday 8th February 2018 Commons Chamber

[Andrea Leadsom]

I am grateful to the right hon. and learned Lady. She has, over decades, shown her commitment to equality, fairness and justice in this place. I am glad to hear that she is pleased with the work we have put to paper. I assure her that I am committed to seeing this through, as I know are other members of the working group. It is absolutely our intention to put the complainant at the heart of everything we do. She is exactly right. I have heard separately from a number of people who have come to me with their concerns, knowing I was involved in this process. Often, those complainants’ stories have got into the media, and they have been hounded. That is a terrible situation for them to find themselves in, and we are determined that the new procedure will address that.

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

I thank my right hon. Friend and the working group for producing a far-reaching and radical document that I hope the House and the other place will proceed with implementing, as they intend to. The report talks about a behaviour code for the whole of Parliament, which is a very comprehensive change. It also talks about a culture change in paragraph 82 and training. That underlines the shortcomings that the Select Committee on Public Administration and Constitutional Affairs has advertised exist in our code of conduct, and the report requires changes to the House of Commons code of conduct.

I particularly commend the intention to set up a review body once all this is implemented. If I read the report correctly, that might be a joint committee of both Houses of Parliament, perhaps including lay members. Ultimately there has to be comprehensive oversight of this change and how it integrates with what we already have.

[Andrea Leadsom]

I am very grateful to my hon. Friend, the Chairman of the Public Administration and Constitutional Affairs Committee, for his Committee’s contribution. It made a very useful written submission with recommendations on the establishment of a joint committee, with staff representation, to review the workings once this system is up and running. I am very sympathetic to that idea, and the report indicates that we would like to see such a review take place once the new system has been up and running for six months. The behaviour code for all in Parliament, including visitors to this place, is designed to sit alongside existing codes and not to interrupt them. I look forward to working with him in consulting on the behaviour code.

Restoration and Renewal (Report of the Joint Committee)

Bernard Jenkin Excerpts

Wednesday 31st January 2018 Commons Chamber

[Andrea Leadsom]

I will just continue for a moment.

If the second motion is carried today, the final recommendation, fully costed, of the sponsor board and delivery authority will come back to this House in 12 to 18 months for a vote. Following that vote, the House-approved business case would immediately progress to the design phase.

The Palace of Westminster will, in all cases, remain the home of our Parliament. That has always been the plan. To make it absolutely clear to all hon. and right hon. Members, full or partial decant will not take place until 2025 at the earliest.

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

The Leader of the House is completely right that we do not yet have anything like enough information to evaluate which option the House should now pursue. I was predisposed to support the decant proposal, but I regret to tell the Chair of the Public Accounts Committee, the hon. Member for Hackney South and Shoreditch (Meg Hillier), that I took my name off her amendment, having done some preparation for this debate. I do not think we begin to have the information, but setting up the delivery authority is a no-brainer for a project of this scale and nature.

[Andrea Leadsom]

I am grateful to my hon. Friend for his intervention. The need for action is absolutely vital. Each of the motions provides that opportunity, but it is vital that the House itself makes the decision.

Independent Complaints and Grievance Policy

Bernard Jenkin Excerpts

Thursday 16th November 2017 Commons Chamber

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I call Mr Bernard Jenkin.

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

I thank the Leader of the House for her statement—

[Madam Deputy Speaker]

Order. I beg the hon. Gentleman’s pardon. I was much too quick in calling him; I have not given the Leader of the House an opportunity to respond to the hon. Member for Walsall South (Valerie Vaz). I do beg the right hon. Lady’s pardon.

[Madam Deputy Speaker]

I call Mr Bernard Jenkin!

[Mr Jenkin]

I apologise to you, Madam Deputy Speaker, for also making a mistake.

I thank my right hon. Friend for her statement. I agree that whatever needs to be done urgently must be done urgently to address the present situation, but as we graft more and more new bits on to current systems, will we not be in danger of adding to the confusion that already exists? The Public Affairs and Constitutional Administration Committee, which I chair, has submitted evidence to the review of our present code of conduct, which is being conducted by the Parliamentary Commissioner for Standards. Much of the current problem arises from confusion about an inadequacy in the code.

As my right hon. Friend develops her proposals, will she agree that whatever is put in place now, there needs to be a comprehensive assessment in the longer term—perhaps by a special Select Committee such as the House of Commons Governance Committee, which was formed during the last Parliament—of what is being introduced and how it should integrate with IPSA, the Standards and Privileges Committees and so on?

[Andrea Leadsom]

I am extremely grateful to my hon. Friend for his Committee’s work on this issue, and for keeping me up to date with its investigations and reports.

I hope I can reassure my hon. Friend that there is not intended to be any confusion about the outcome of the working group’s activities. We aim to create an independent complaints and grievances procedure that will be run within the House, using as a reference point the work that has already been done here, as well as the office of the Parliamentary Commissioner for Standards and, potentially, support from existing organisations in the House. We intend to end up with the independent helpline, which will continue to provide immediate guidance and signposting, and an independent grievance procedure that will enable action to be taken against Members, staff, peers and so on. In addition, however, there will always continue to be the parties’ own complaints procedures. There will not be a mixture of those different processes; they will be separate, and very clearly set out. I hope I can reassure all Members on both sides of the House that there will be extreme clarity about how individuals can express their grievances.

Sexual Harassment in Parliament

Bernard Jenkin Excerpts

Monday 30th October 2017 Commons Chamber

[Andrea Leadsom]

I am very happy to give that absolute assurance. There should be no place here on the estate, or in our constituency offices, where people can be abused or their allegations not taken seriously. I can assure the hon. Lady that I will be meeting Lord McFall to discuss the specific issues around the Sports and Social bar tomorrow.

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

Thank you for your statement, Mr Speaker. I am grateful for the consensus so far in all the statements made and questions raised in these exchanges. Let me point out that we would not be having these exchanges if the document I have here—the code of conduct of the House of Commons—was actually working and the machinery around the code was effective. May I draw my right hon. Friend’s attention to the fact that the Parliamentary Commissioner for Standards is conducting a review of the code of conduct? The Public Administration and Constitutional Affairs Committee has submitted quite radical suggestions about how the code, and the machinery around it, should be reformed so that we spend far more time in this House as Members of Parliament experiencing proper professional development and understanding the code of values at the front of this document—what they actually mean and how we should live those values as Members of Parliament—than just concentrating on all the other pages, which are about declarations of outside earnings, Members’ interests and all the other stuff that seems to preoccupy the regulatory authorities of this House.

[Andrea Leadsom]

My hon. Friend is absolutely right to point out that there is already a code of conduct. I am grateful to him for sending me his Committee’s report on this matter over the weekend. I will certainly look at it carefully over the next couple of days.

Business of the House

Bernard Jenkin Excerpts

Thursday 20th April 2017 Commons Chamber

[Mr Lidington]

I join the hon. Gentleman in wishing every success both to his colleague the hon. Member for Livingston (Hannah Bardell) and to all colleagues from all parties as they make their final preparations for the London marathon on Sunday. I am sure that the hon. Gentleman is right to suggest that their marathon training will serve them all in good stead for the seven weeks that now beckon us all—seven weeks that may give the rest of us the opportunity to wear out some shoe leather, although I suspect not quite as much as those who are competing on Sunday. I hope, too, that all those Members are successful in raising large sums of money for the various charities that they are supporting.

The hon. Gentleman made a serious point about the police investigations, and I want to reiterate what the Prime Minister said yesterday. We stand behind all our candidates at the forthcoming election, who will be out campaigning for a strong, stable Government in the national interest. A number of police forces have conducted investigations, many of which have been dropped. It is right that such matters are investigated properly, but the battle bus was directed by the national party, as was the case with other political parties, and we are confident that individual colleagues acted properly.

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

May I commend my right hon. Friend for being an exemplary Leader of the House? He is widely regarded as someone of impeccable integrity and has conducted his office impeccably during this Parliament, and I hope that nothing will change.

May I also draw the Leader of the House’s attention to and put down a marker about Select Committee staffing? We have wonderful staff who work incredibly hard, but Committee specialists tend to change too often. That does not happen in the Library, where specialists sometimes remain in post for a decade or more. It would strengthen the role of Select Committees if we could look at changing the nature of staffing, rather than put up with the current turbulence. I appreciate that that is something for the next Parliament, but I wonder whether he could leave something on his file to remind him when he gets back.

[Mr Lidington]

I am grateful to my hon. Friend for his kind remarks. Clearly, there is a balance to be struck between the value of continuity that he describes and the need to ensure that individuals have the opportunity to develop their careers in service through a variety of difference experiences and occupations. However, I will make a note, and I am sure that the Leader of the House—whether it is I or somebody else who has these duties when the new Parliament assembles—will want to take a close look at the matter.

Business of the House

Bernard Jenkin Excerpts

Thursday 19th January 2017 Commons Chamber

[Mr Speaker]

Ah yes—Mr Bernard Jenkin.

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

Happy birthday, Sir.

May I thank my right hon. Friend for providing time quickly for the approval of the name of the candidate for the Parliamentary and Health Service Ombudsman, which was approved by the Health Committee and the Public Administration and Constitutional Affairs Committee yesterday?

As we have already heard, Tuesday 24 January is the day on which the Supreme Court is delivering its judgment. May I suggest to my right hon. Friend that it would be expedient for the Government to plan to make a statement immediately on the future implications for business, even if a substantive statement on the longer-term implications of such a judgment will need to be made at a later date?

[Mr Lidington]

Clearly, I and other Ministers will want to brief Parliament fully on the substance and implications of the judgment once we know what it is. We do not yet know either its content or its complexity, and we are unlikely to get any prior knowledge—at most, it would be very brief—of what that judgment contains. I cannot make a promise today about the specific timing, but the principle at the heart of my hon. Friend’s question is one that I completely endorse.