Publication of Information about Complaints against Members

Debate between Bernard Jenkin and Helen Jones

Thursday 2nd December 2010 Commons Chamber

[Helen Jones]

The hon. Gentleman makes a fair point. When the Procedure Committee looks at the issue, I hope that we will be able to avoid that. With great respect to all the ladies and gentlemen who serve on many committees, I do not want to see the usual suspects. I would like to see people who have not been involved before and who bring an entirely different perspective.

[Mr Jenkin]

The third motion concerns by far the most contentious matter before the House this afternoon. As Chairman of the Public Administration Committee, which is responsible for the public appointments commissioner, I can attest to the fact that what the hon. Lady is saying is absolutely correct. I do not think that Whitehall is the model of how to make public appointments, and in any case there comes a point where, even if we are bringing lay members into House, it should be this House that appoints them, not necessarily ex-civil servants who do not understand how the House works.

--- Later in debate ---

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

I agree with the point made by the hon. Member for Manchester Central (Tony Lloyd) about how we choose the lay members. The House has fallen into the habit of finding people seen to be more respectable than we are in order to resolve some of the difficulties that have arisen. Inevitably, they turn out to be former permanent secretaries, but with the greatest respect to those eminent people, they are seen as more respectable only because they have not been exposed in public life to the extent that many of us in public life have been.

[Helen Jones]

Continuing the debate about who should be appointed, does the hon. Gentleman agree that one of the problems we have encountered—we will see this in the debate later on the Independent Parliamentary Standards Authority—is that civil servants tend to want to fit everyone else into the civil service mode, and often do not understand the work of a Member of Parliament?

[Mr Jenkin]

I wholly agree with that point, and it fits with the one I am trying to make, which is that their perspective is necessarily a different one, owing to civil servants’ long and distinguished experience. Very often—it has to be said—Parliament will have been, throughout their careers, perhaps a matter of great frustration to them, and they might well share the feeling of many others about how poorly the House has done its jobs in various ways over the years. I do not think, therefore, that they necessarily have the right perspective—they have one perspective, but it cannot be solely the right perspective. We have to take their recommendations gratefully and humbly, but add a wider perspective to them to give them life.

On the question of adding lay members to a Select Committee, the right hon. Member for Rother Valley (Mr Barron), who moved the motion, gave examples of where lay members have been added to other committees. However, those are not parliamentary committees and are not, for example, subject to the question of privilege, and it is on parliamentary privilege that I wish to make three brief points. First, there are members of the judiciary and senior figures in public life who have served elsewhere in public life who are either careless of the question of parliamentary privilege or actually could not care less about parliamentary privilege.

The word “privilege” carries certain overtones. At one stage before the election, it went out to the Conservative party that we should not use that word, because it would be misunderstood and seem to relate to the then Leader of the Opposition’s education. In fact, every Parliament in the world of any distinction enjoys some measure of privilege or immunity in order that those Members can do their job. The reason we had the Bill of Rights in 1689 was to enable the House to function, and we still need those privileges, that protection and those immunities. We hold those immunities not for ourselves and the protection of our own persons or private interests, and not to protect us from the criminal law if we commit criminal offences—as we have just discovered in a recent case—but so that we can advance the interests of the country freely and without fear or favour. These are the people’s privileges. I urge the Procedure Committee, as it considers this matter, to accept the advice of the Clerk of the House. Let me, for the second day on the trot, quote from a note from the Clerk. Referring to the role of lay members on the Committee, he made it clear that he did not comment on the merits of the proposal itself, which I personally welcome, but he also said:

“It is not clear to me that their participation in decision-making by voting is in fact covered by parliamentary privilege. At the very least the matter is questionable and therefore may be justiciable.”

Until that matter has been comprehensively and categorically resolved, it would be sensible for the Procedure Committee to recommend that if the Standards and Privileges Committee is to have lay members, they should not be voting members.

I imagine that it would be extremely hard for the Standards and Privileges Committee to ignore the advice of the lay members, particularly if they are as eminent as I hope they will be. I very much hope that one of them will be a retired judge, for example. I think that it would greatly assist the functioning of the Committee to receive more legal advice, so that it could interpret the byzantine rules and regulations and be navigated through difficult, contentious issues of evidence and fairness. After all, that is what the Committee is about. It would be very difficult to ignore the advice of a retired judge, whether he had a vote or not.

Secondly, I should be interested to know how often votes take place on the Committee. Never? I see a shaking head.