Privilege

Chris Bryant Excerpts

Thursday 7th June 2018 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

I congratulate the hon. Member for Folkestone and Hythe (Damian Collins) on bringing forward this motion; he was absolutely right to do so. There are whole series of ironies here. The man who derided unelected bureaucrats in Brussels now, as an unelected bureaucrat, refuses public scrutiny by elected MPs. The man who coined the phrase “Take back control” now defies Parliament when it tries to take back control. And the man who demanded that Britain assert her independent sovereignty denies the sovereignty of Parliament. However, I question in my mind whether that is irony or, frankly, hypocrisy. To be honest, I come to the conclusion that it is hypocrisy. I wondered whether this is some high-minded act of principle, but I think it is not; it is sheer cowardice.

The point has been made that Rupert Murdoch chose in the end to attend the Culture, Media and Sport Committee because he felt that his reputation might be harmed otherwise. Perhaps Mr Cummings thinks that his reputation is now so poor that it could not possibly be harmed any more. In the end, the debate today is not particularly important because of Mr Cummings and his refusal to attend the hearing—it is pretty clear from everything that he has said in his letters, emails and public announcements that he holds Parliament in complete and utter disdain. In the past, we would have been very robust, and more quickly so, than we are being today. The real issue, as my right hon. Friend the Member for Leeds Central (Hilary Benn) made absolutely clear, is that this poses the question of what we do if, in the end, somebody point blank refuses to attend a hearing.

The idea of sending the Serjeant at Arms is nice and quaint. Yes, undoubtedly he can deliver a letter, but I do not think that he has subpoena powers any more. It is also slightly strange for a political body to arrest somebody, which is, in effect, what we have to be able to do. The idea of politicians deciding on a political motion whether somebody should be arrested is, I am glad to say, anathema under habeas corpus. We simply do not believe in that way of pursuing justice any more.

In the end, we will have to legislate. We will have to make sure that there are proper bodies that operate in full recognition of human rights legislation in this country and in the European convention of human rights and provide due process so that someone cannot claim that they are being arrested on the political whim of politicians.

As my right hon. Friend has already said, two Committees—a Joint Committee and a Committee of this House—have looked at this issue over the past 20 years. They came to different conclusions. They held those conclusions very firmly, and Governments of different colours chose to do absolutely nothing about it. Indeed, the coalition Government produced a White Paper on the matter and said that they were going to legislate, but nothing has happened.

I am really delighted that the Leader of the House is here today because, in the end, she knows, as must everybody else, what will happen if one person decides not to attend and gets away with it. By getting away with it, I mean that either we choose to do absolutely nothing because the Privileges Committee decides that there is nothing that we can do, or we decide that we will just issue a statement saying, “You’re a very naughty boy.” Either of those is, to my mind, impunity. If that happens, every lawyer in the land for a big captain of industry will say, “There is no requirement for you to attend.” The whole thing will be blown to pieces and we will have lost an enormously important part of the way we do our job.

It was Norman St John-Stevas who set up the modern Select Committee system, our pride and joy. Some have argued in recent days that Select Committees should have the power to summon Members of this House, Ministers and Members of the Lords—oddly enough, that is the one thing that they do not have the power to do—but that they should not have the power to summon private individuals. However, in the modern era, Parliament is there to redress the grievances of our constituents, of the whole of the country. Often those grievances are not particularly against the powerful in Government, but against the powerful in every other aspect of our modern life—whether it is those running our broadcasting companies, our newspapers, our big businesses, our greengrocers, our banks, or whatever it may be. We would be losing a phenomenally important tool in holding to account the great and the good, and the powerful in this land if we were to surrender this by default.

I do not mind how we legislate—whether we go with the conclusions of the Joint Committee or the Digital, Culture, Media and Sport Committee—but I am absolutely certain that we will end up having to change the way in which we do our business. The hon. Member for Perth and North Perthshire (Pete Wishart), who speaks for the Scottish National party on his 17th anniversary of being an MP, said that we will have to do something. I very much hope that the Leader of the House will take that away. We cannot allow impunity any longer.

Question put and agreed to.