Committee on Standards: Members’ Code of Conduct Review

Debate between Bernard Jenkin and Steve Baker

Thursday 3rd February 2022 Commons Chamber

[Sir Bernard Jenkin]

It is meant to be light duties, and I thought I could combine it with other things, but I have given up other things to stay on this Committee, because I think the work we are now doing on the revision of the code is so important.

I could touch on some of the points the hon. Gentleman made. I think he is right about the key being the transparency of conflicts of interests. We should not be denigrating people in this House who have outside interests. Some of them are unavoidable and some of them are by choice, but I firmly believe that this House is enriched by having people who stay on in Parliament, particularly later in their career, while involved with other interests. Being a senior barrister, for example, may take a Member away for weeks on end on very important cases, but having such people in this House means that we have such resources at our disposal much more readily than if these people felt they were squeezed out and were not welcome here. So I agree with him about the time point, and I agree with him about respectfulness.

I actually joined this Committee because I wanted to be involved in the revision of the code. This is ongoing work, and it has been going on for a very long time—since the previous commissioner first started work on the revision of the code. It is meant to happen every three years, but it has been delayed and delayed. So the report we are discussing actually incorporates the results of a great number of hours of work and thought.

The sad thing is that, if we just look at the Chamber today, we see there are a couple of handfuls of hon. Members here who are engaged with this debate. It has always been the biggest problem, in my view, that people only start engaging with the code when they are accused of something, they are worried about being accused of something or they are trying to steer clear of falling foul of the rules. There is not nearly enough discussion, reflection and understanding of why the code exists, of the principles and values behind the code, or indeed of how we should learn to talk about how we aspire to those principles.

I have always believed that the adjudication process is wanting. The compromise between handing the whole thing over to some independent judicial panel and leaving things as they are is to have an appeal akin to the independent expert panel that we have for the ICGS, but even that would have to be advised by a Member especially appointed for the purpose in serious and contested cases, to advise on how Parliament works and on the moral hazards of being a Member of Parliament.

I was mocked last week for suggesting that Members of Parliament need to learn more about this, but every profession in the world has training programmes to educate lawyers, doctors and other professional people on the moral hazards they will encounter in their career and how they should think about them. The General Medical Council website has a section on how to be a good doctor, and it sets out the principles. They are taught these things.

The problem we have in this House is that, culturally, we consider ourselves to be Members of a sovereign Parliament and to be beyond regulation and beyond question. Article 9 states that everything else is subsidiary to us. If anybody dares question us, well, we are elected, nobody dares gainsay us, and it is up to our voters. I am afraid no other profession in the country operates on that basis.

[Mr Steve Baker (Wycombe) (Con)]

My hon. Friend will know that the old military theorist Clausewitz said that war is the continuation of politics by other means. I have often turned that on its head: politics is war minus the shooting. There should be chivalry and absolute civility in the way we conduct ourselves. Although I agree with my hon. Friend, it is often missed that our profession is not like other professions. We are, in a sense, at war without weapons in here. We should remember that and make sure our code of conduct is appropriate to the task that faces us.

[Sir Bernard Jenkin]

I am grateful to my hon. Friend for that intervention. The problem is that, when we sit in the Tea Room, we talk about rules; we do not talk about values and principles. People wonder what the rules mean and how to stay within them—“That is allowed, but this is not allowed.” We see it in financial regulation. When banks and financial services operate on the basis of what the rules are, they get around the rules. The rules are gamed, so they constantly have to adapt.

There is no discussion about whether something is a good and honourable thing to do, or whether it is something about which we should feel uncomfortable. The rules are meant to be a fallback. Actually, we should be talking to each other about why we are in politics, what our personal priorities are, what our personal morality is and how we navigate it.

I have very little time and there is much I could say, but I will not address all the proposals. Members complain about the code of conduct and about the commissioner, but this House voted for the code and the commissioner. This House is to blame for the system we have. If Members do not engage with the system at a moment like this, they have nobody to blame but themselves if they fall foul of it. To cry foul and say how it is all a fix and all a conspiracy does nobody any good.

On that point, because engagement tends to be low, the Committee will have to think much more about how we support those who are accused of falling foul of the code. I can think of cases—I will say no more than that—where if the individuals concerned had been taken aside by the right person and given the right advice, and if they had not run for their lawyers, got into a conflict with the commissioner and then questioned the whole system, their life would have turned out very different. Somehow, we need an independent system of support and advice—it cannot be the Whips—to make sure Members have the right advice.

On closing, I wish to draw attention to a particular piece of evidence that the Committee received. It has not had much attention, but I feel that it is by far the most useful thing that we have received. It is a response to our original issues and questions paper from Dr Claire Foster-Gilbert of the Westminster Abbey Institute. She was addressing the first question, “What values, attitudes and behaviours should the Code of Conduct for MPs seek to encourage or discourage?” She notes that the code reads as a document that first began as a response to financial misconduct. She said:

“It is cast as a regulatory instrument, which implies it is a set of rules which can be kept or broken.”

It is now a mixture of rules, guidance and principles. She points out that no one can perfectly embody those principles; that would be impossible. Let us take, for example, selflessness, to which the hon. Member for Rhondda referred. Nobody can be totally selfless, least of all in politics. Our efforts in that regard can never be completely successful. Dr Foster-Gilbert points out:

“For MPs, faced with difficult choices on a daily basis, the task is to learn how to retain their integrity and behave selflessly, even while making those choices”—

about power, about competition with others, and about competition of ideas.

I will wind up now, but I really recommend that people read this particular piece of evidence, because our next inquiry will be much more about training and promotion of the code. People bridle against training, but we need to engage people in the conversation about what the code is for much more than we do.