Code of Conduct

Charles Walker Excerpts

Monday 12th March 2012 Commons Chamber

[Mr Charles Walker (Broxbourne) (Con)]

It is a great pleasure to follow the right hon. Member for Rother Valley (Mr Barron). Let me begin by paying tribute to the work of his Committee and the Parliamentary Commissioner for Standards. A great deal of thought has gone into their review, and much of what is suggested makes perfect sense. However, my amendment seeks to address and limit the no doubt well-intentioned recommendation that will allow the commissioner to broaden his remit into investigating and adjudicating on Members’ conduct in their wider private and personal lives. I believe that that proposed intrusion into Members’ private and personal lives is a step too far, and I am worried about where it may lead the commissioner and the House if left unamended.

Justifying an extension of the commissioner’s powers, the Committee states on page 11 of its report, paragraph 2, that

“The Code does not seek to regulate the conduct of Members in their purely private and personal lives or in the wider conduct of their public lives unless such conduct significantly damages the reputation and integrity of the House of Commons as a whole or of its Members generally.”

If deconstructed, however, that statement, far from limiting the new powers of the commissioner in the area of Members’ private and personal lives, gives him almost unlimited scope to investigate any action committed in this space on the basis that it is potentially damaging to the reputation of Parliament and its Members. A less generous, but accurate, interpretation of paragraph 2, page 11, would read as follows: “The code will seek to regulate the conduct of Members of Parliament in their purely private and personal lives, if it is the view of the commissioner and the Committee that their actions could be deemed significantly to damage the reputation and integrity of the House of Commons as a whole, or of its Members generally.”

I worry about where this new activism by the commissioner might lead. Over the weekend, I racked my brain to try and imagine scenarios in Members’ private lives that would trigger the interest of the commissioner, and I could only come up with two topics: the bedroom and the bottle. In common with most people, these are the two weaknesses that seem most likely to compromise Members of Parliament in their private lives.

On page 24 of the report, the commissioner argues that his interest is warranted on the basis that

“a Member of Parliament is never off duty. Once elected, a serving Member is likely always to be seen as a Member of Parliament, with the duties and obligations that go with that position, wherever they are and whatever they are doing.”

I dispute that view. Despite living in his constituency full-time, the Member of Parliament for Broxbourne—namely, myself—is, on occasion, most certainly off duty, and be assured, Mr Deputy Speaker, if I were not off duty on occasions, I would slowly, but surely, go mad. Perhaps that point has already been reached.

[Mr Robert Syms (Poole) (Con)]

I find it refreshing that the commissioner thinks we are never off duty. I wonder whether that will be reflected in the Senior Salaries Review Body review of our salaries.

[Mr Walker]

My hon. Friend is leading me into territory into which I should not stray in this debate.

[Sir Paul Beresford (Mole Valley) (Con)]

May we think about a recent case that the Committee considered? A Member might have had a private meeting, perhaps with another family member who was a businessman, and in which there was a discussion about funding and payment. During that meeting, the Member might have utilised his position as a Member, and that might have become public knowledge, although the meeting was private. I am sympathetic to where my hon. Friend wants to go, but I am bothered that we have not looked at this issue properly and I would like him to consider putting his point but—as the Committee Chairman, the right hon. Member for Rother Valley (Mr Barron), said—then allowing us to look at it carefully later, to ensure that we do not err.

[Mr Walker]

I will take that into consideration, and I acknowledge the spirit in which the point has been made.

[Oliver Heald]

May I return to the theme I was developing earlier, in what was described as a very long intervention? I shall try to be briefer this time. The commissioner suggests that some of the new rules might be split. We used to have rule 2, stating that the rules do not

“seek to regulate what Members do in their purely private and personal lives”,

whereas rule 16 said Members must not bring the House into disrepute, which was, in a sense, a mop-up rule. Matters are set out in a more coherent way now, but there is no real change.

[Mr Walker]

I disagree with my hon. Friend about that. The commissioner is clearly trying to give himself powers to investigate Members’ private and personal lives, which is why this amendment has been tabled.

The commissioner’s interpretation of a Member’s status is at odds with that of another regulatory body, the Independent Parliamentary Standards Authority, which states in its consultations and press releases that a fundamental principle of its scheme is that MPs

“should be treated…as far as possible like other citizens.”

The various regulatory bodies that oversee and adjudicate on our activities cannot reasonably expect to have it both ways. The public now rightly demand that Members of Parliament should face the same rigours that they do in their daily lives. The flip-side of that must be that parliamentarians, “like other citizens”, also have the right to a private life and private space—and in this private space people will, on occasions, make mistakes.

It is in the nature of our job—this vocation—that if these mistakes are large enough, they will be picked up and reported by the press, with all the opprobrium, shame and upset that goes with having our private calamities played out on a national stage. I look back at the personal agonies that the former hon. Members for Croydon Central and Winchester went through in the last Parliament, and I shudder to think how much worse things would have been for them if the parliamentary commissioner, however well intentioned, had been conducting his own forensic investigation into their actions, dragging in family, friends and perhaps other aggravating parties. There would have been months and months of investigation, all in the name of protecting the notional honour of the House.

The Committee does not dismiss the possibility of such investigations. It offers a well-meaning but vague assurance on page 6 of its report that

“like the Commissioner, we do not think the Committee or the House should be drawn into judging a Member's purely private and personal relationships.”

Why is that sentence not worded more forcefully? Why does it equivocate when it could say that “the commissioner and the Committee will not allow the House to be drawn into judging a Member’s purely private and personal relationships”? Why is that assurance not given by the commissioner and the Committee? The reason, I believe, is that it cannot be given because the commissioner knows full well that, almost exclusively, personal scandals and misfortunes are where the action lies.

[Oliver Heald]

Does my hon. Friend’s amendment not create the same problem? If the matter in question were not only to relate to a Member’s conduct, but also affected their ability to be an MP—rank dishonesty falling short of crime, for example—the commissioner would be able to investigate. Does my hon. Friend’s amendment make any difference, therefore?

[Mr Walker]

In his usual helpful way, the broad-minded Leader of the House made it clear in his response to the consultation that he was not aware of any recent cases where a Member’s conduct in their purely private and personal life had been so outrageous that the House or the general public would have wanted action to be taken against the Member. Those pushing this proposal cannot come up with any sensible examples.

The Leader of the House has been in this place for almost 40 years, but while it seems he cannot think of anything worth investigating, the commissioner clearly can. That is why he is promoting this change to the current code of conduct.

[Mr Cash]

This issue boils down to how the provisions are drafted. No one has any serious doubt about the intentions and the parameters, but problems do arise. The code states that it does not

“seek to regulate what Members do in their purely”—

I emphasise that word—“private and personal lives”, or in the conduct of their wider lives. Rule 16, however, says:

“Members shall never undertake any action which would cause significant damage.”

Therefore, on the one hand we are told the code does not seek to “regulate”, yet on the other hand we are told Members shall “never” undertake certain actions. I do not think there is any real doubt about what is intended, but I am worried about the interpretation that might be drawn if this proposal is passed. That is the problem. This is more an issue of drafting than of intention.

[Mr Walker]

I thank my hon. Friend for his intervention.

I appreciate that the Committee and the commissioner are at pains to point out that it is not their intention to create a “red top” charter. I accept that that may not be their intention, but the fact remains that real reputational threat to this place is contained in this flawed proposal.

[Sir Paul Beresford]

My hon. Friend said he wanted an example. I did give him one, but he has not responded to it. It is a financial, not a lurid, example, and I would like him to consider it.

[Mr Walker]

The example given was fraud, and it was also extraordinarily tortuous.

The Leader of the House, whom I do not often pray in aid of my arguments—as he knows—has been here for 40 years and he cannot think of anything in that time that would have required this power to have been exercised. We in this place are brilliant at inventing new misdemeanours and crimes as sticks with which to beat ourselves.

[Mr Syms]

My hon. Friend talked about bed and the bottle. I have never been asked to go on a billionaire’s yacht, although it is something that one would perhaps look forward to, but some Members of this House do stay with important people when on holiday. Does he think that this proposal will give another hand to those who want MPs to have to declare where they are going on holiday?

[Mr Walker]

My hon. Friend leads me into the final part of my speech. Let us be clear that however well intentioned the power the commissioner is seeking, it will mean that Members’ private and personal lives will be in the ambit of investigation. Their actions will be scrutinised by the commissioner and a subjective view will be taken of whether or not those actions could cause significant damage to the reputation of the House. Every sexual peccadillo, domestic dispute or unguarded cross word would lead to tabloid calls for the commissioner to take action—“Something must be done”, the headlines will cry. The commissioner argues that in the event of an undefined personal scandal, the House’s status would be diminished if it

“were unable to take action to express its disapproval and uphold its standards in such circumstances.”

In a sense, that sounds like a return, after 17 years, to “back to basics”. We know what a disaster that was; we had all these moral judgments applied to the activities of Members. The one example that my hon. Friend the Member for Mole Valley (Sir Paul Beresford) did provide would be covered by criminal law in any case, so it is not relevant to this debate.

In conclusion, I am fully aware that Members of Parliament can do bad and unethical things in their capacity as Members of Parliament, which is why these standards and the code of conduct are so important. As importantly, I am also aware that people can do silly and stupid things regardless of who they are, because none of us was born an angel or a saint. So I strongly believe that the House should confine itself to worrying about the matters that directly pertain to the job of being an elected representative, and not those that relate to general human weakness or stupidity. For that reason, I urge the House, the right hon. Member for Rother Valley, for whom I have a huge amount of time, and my hon. Friends the Members for North East Hertfordshire (Oliver Heald) and for Mole Valley, of whom I am extraordinarily fond, despite our little spat this evening, to support my amendment. On this occasion, it is time that the House recognised that the Member of Parliament for Broxbourne is arguing for the virtuous and should carry the day.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

Mr Walker, do you intend to press your amendment to a Division?

[Mr Charles Walker]

I would be delighted if the Government would accept it, if they could, but otherwise I would like to press it to a Division.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

Mr Walker, do you intend to press this to a vote?

[Mr Charles Walker]

I do: one’s personal and private life is one’s personal and private life.

Amendment made: (a), at end, add

‘, subject to the following amendment: After paragraph 16 of the Code, there shall be inserted the following new paragraph:

“16A. The Commissioner may not investigate a specific matter under paragraph 16 which relates only to the conduct of a Member in their private and personal lives.”.’.—(Mr Charles Walker.)

Main Question, as amended, put and agreed to.

Resolved,

That this House takes note of the Nineteenth Report of the Committee on Standards and Privileges (HC 1579), and approves the revised Code of Conduct set out in the Annex to the Report, subject to the following amendment:

After paragraph 16 of the Code, there shall be inserted the following new paragraph:

“16A. The Commissioner may not investigate a specific matter under paragraph 16 which relates only to the conduct of a Member in their private and personal lives.”.’.

All-Party Groups

Resolved,

That

(1) this House agrees with the recommendations in the Twenty-first Report of the Committee on Standards and Privileges, on Registration of Staff All-Party Groups (HC 1689); and

(2) accordingly the Resolution of the House of 17 December 1985, as amended on 10 March 1989, 29 July 1998 and 7 February 2011, relating to the registration of interests be further amended by:

(a) leaving out paragraph 3 (f); and

(b) inserting a new paragraph 4:

“Holders of permanent passes as staff of All-Party Groups be required to register:

i. any paid employment for which they receive more than 0.5 per cent. of the parliamentary salary; and

ii. any gift, benefit or hospitality they receive, if the gift, benefit or hospitality in any way relates to or arises from their work in Parliament and its value is over 0.5 per cent. of the parliamentary salary in the course of a calendar year.”.—(Mr Barron.)