Code of Conduct and Modernisation Committee

Chris Philp Excerpts

Thursday 25th July 2024 Commons Chamber

[Chris Philp (Croydon South) (Con)]

It is a great pleasure to address you by your new title, Madam Deputy Speaker. You and I were first elected in 2015, and it is a real pleasure to see the first of the 2015 intake assuming the Chair to preside over our proceedings. I am delighted to be at the Dispatch Box for your first appearance in the Chair—the first of many over the coming years and, I hope, the coming decades—and I congratulate you on your well-deserved election.

As the Leader of the House said at the beginning of her eloquent and detailed speech, standards and integrity are critical to this House of Commons. We are the crucible of our nation’s democracy. Our constituents have sent us here to represent them, and they are entitled to expect the very highest standards of behaviour from us as Members of Parliament. We are fortunate that our standards in public life are higher than those in many other countries, but there is no room for complacency and we should strive constantly to improve and perfect the standards met in this House. That is a duty we owe the public.

I broadly welcome the initiative taken by the Leader of the House, but I want to make a couple of general points before turning to some of the specific matters before us. First, it is very important that these reforms, or indeed any reforms, command public confidence and are seen to be conducted for the best of reasons. It is important for us to proceed on a cross-party basis, because that will show that the measures are being taken not for party-political reasons but for the best of reasons—as I am sure they are—and will ensure that they stick. If there is a broad cross-party consensus, whatever reforms are made will endure and survive beyond any change of Government in the future—hopefully the near future from my point of view, but not, I suspect, from the point of view of the Leader of the House.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

With that in mind, and given the need to involve all parties—we are talking not just about this Parliament, but potentially about Parliaments for decades to come—does my right hon. Friend agree that amendment (b), in the name of the Leader of the Opposition, is entirely reasonable and, indeed, addresses some of the issues that have been raised by the minor parties, because it would potentially bring them into scope?

[Chris Philp]

My right hon. Friend makes an excellent point, based on his long experience of the House. Amendment (b) does indeed address some of the points made in earlier interventions.

I would like to take this opportunity to thank the Leader of the House for the consultations we have had in the past three weeks following our appointments. She has been collegiate and constructive in our conversations, and I look forward to those conversations continuing in that spirit. But I might be permitted one very small grumble: the motion we are debating today was laid relatively late on Tuesday evening. Under the rules, it could have been laid later, so I appreciate that it was laid a little in advance, but we did not have a lot of time to discuss potential amendments between the two of us, or indeed with other parties.

I will make a request for the future. If we are considering motions that touch on these issues and seeking a cross-party approach, it would be really helpful to have some more time so as to be able to hold discussions between the Leader of the House, me and other parties to see whether we can improve the motions. I know that we have discussed this in general terms, but it is only when we see the detail of the motion in black and white—for example, the one on the Modernisation Committee—that we can discuss it in proper detail. I would appreciate having a bit more time in future, so that we can discuss that between us. That might avoid the need to table amendments, and it would enshrine the consensual approach that I hope she will take.

Let me turn to motion 4, which is listed on page 7 of today’s Order Paper under “Business of the Day”. As the Leader of the House has said, the motion removes two exemptions that exist in paragraph 2 of chapter 4 of the guide to the rules, which means that Members will not be able to be paid for providing advice on public policy or current affairs, or general advice about how Parliament works. That is a broadly reasonable proposition that we are happy to support.

I have two questions asking for clarification, which perhaps she will address in her summing up. First, if a Member is pursuing a paid activity that is not specifically to do with offering advice of the kind mentioned—for example, they might be a lawyer or doing work with a trade union on a paid basis—and the thrust of the work is not to do with that sort of activity, but they briefly undertake activity that might fall into the definition, how would the Leader of the House view that? Is there an absolute and complete prohibition, or is there some sort of materiality test that she would expect the Standards Commissioner to apply? It would be useful if she could provide clarification from the Dispatch Box.

My second question was raised by a colleague. On occasion, Members may be paid for a party political position or a trade union position, in the course of which they might give advice. To give a specific example, it has been the case in the past that the chairman of the Conservative Party has been paid not as a Minister, but by the Conservative party. Would the new rule preclude that person, or indeed someone being paid by a trade union—probably on the Labour side—from offering the Conservative party or a trade union advice on public policy matters? I would be grateful if the Leader of the House could shed some light on how she envisages that working. Broadly, however, we support the changes and will not be opposing them—in the new spirit of cross-party working, which we are nervously embracing.

For complete clarity, it is worth mentioning that there is a third exemption in the rules that the Leader of the House did not refer to: limb (c) of the relevant provision, which is contained in paragraph 2 of chapter 4. Limb (c) allows Members of Parliament to be paid for making media appearances, journalism, writing books, and delivering public lectures and speeches. For the sake of complete clarity, it is worth saying that the motion before us does not make any changes to that third limb—the Leader of the House will tell me if I have got this wrong—so Members will continue to be able to be paid for those activities. She might just confirm that, but it seems a fairly clear consequence of the fact that only limbs (a) and (b) are being deleted, and not limb (c).

I will now move on to motion 5, on the Modernisation Committee, which appears on page 7 of the Order Paper. In principle, the Opposition will work constructively with the Leader of the House and her colleagues to achieve some of the objectives that she set out in her speech—we have no objection to the principle of the new Committee. Of course, we want to ensure that whatever proposals it brings forward are carefully scrutinised.

On holding the Government to account, there are lots of things about the way this House operates that are very important for Opposition parties big and small, but also for Back Benchers, including Government Back Benchers. I am sure that Labour Members have heard a bit about private Members’ Bills, which provide a really good opportunity for Back Benchers on both sides of the House to bring forward what are typically quite specific Bills to bring about a change that the Government might not have time to legislate for. Back Benchers can bring forward a Bill to do something that is important to them, and I think we all want to ensure that is protected.

Similarly, the Backbench Business Committee sets out the business for Thursdays. Government and Opposition Back Benchers can go before the Committee and organise a debate on a particular topic, which I did as a Back Bencher a few years ago. It is a really good way of making sure that an issue that matters to Back Benchers gets aired not in Westminster Hall or on the Committee corridor, but right here in the Chamber. I remember organising a debate on the persecution of Christians around the world, which would not necessarily have been debated on the Floor of the House; using that mechanism, it was debated.

Westminster Hall also provides a great opportunity to raise issues of concern to a Member or their constituency. Opposition day debates are very important as well, because they offer Opposition Members a chance to hold the Government to account. There are a whole load of areas that we want to ensure are protected for Government and Opposition Back Benchers, and for Opposition parties big and small. I am sure that it is not the Leader of the House’s intention to undermine the effectiveness of the existing mechanisms, but if they are considered by the Modernisation Committee, we will collectively need to ensure that the rights of Back-Bench Members of Parliament and Opposition parties are properly protected.

I want to speak to the amendments tabled in my name and those of my right hon. Friends, and I hope that the Leader of the House can offer some assurances that go beyond those she has given already. If she is able to offer such assurances, I will not move the amendments, but if her assurances are insufficiently robust, I will move the amendments and we will vote on them. I should tell Members that, typically, business of the House like this is not whipped. We will not be whipping Conservative Members, who are free to vote according to their conscience. I hope the Government are adopting the same approach and allowing Government Back Benchers to exercise their conscience. It is a long-standing tradition that the business of the House, which this is, is not whipped. We are each voting on the motion as individual Members of Parliament and not, I hope, according to a party political direction handed out by the Whips Office. That is the approach we are taking, and I hope it is the approach the Government are taking as well.

To be clear, the purpose of the amendments is not to impede or frustrate in any way the objectives that the Leader of the House set out in her speech, which we accept. In principle, we support them and will work constructively with her and her colleagues, but some concerns have been raised by my colleagues—some of whom may speak later—who have previously served on some of the Committees, such as the Committee on Standards. In the last Parliament, the Committee on Standards was chaired by the former Member for Peckham, Harriet Harman. She was the Mother of the House, and a very distinguished and highly respected Member for many years. The Committee has done a lot of work in this area, and it is quite complicated. The way that the standards regime operates is not straightforward, and the questions are complicated. When Harriet Harman chaired the Committee, she spent a lot of time thinking about this issue and published the report to which the Leader of the House referred.

Various existing Committees are relevant here, particularly the Procedure Committee, the Privileges Committee, the Standards Committee and the Administration Committee. They are all important Committees of the House and have all done important work in this area. They are all elected by the House, and at least one of them, the Standards Committee, has external members—I think one of them is a retired chief constable. The Committees have an element of independence, and I am concerned that the establishment of the Modernisation Committee might replace, cut across or in some way supersede or impede the work of the other House Committees, which are highly independent.

With the amendments, I have tried to make a couple of things clear, so I am looking for explicit assurances from the Leader of the House on the following points. The first assurance that I am looking for is that if the Modernisation Committee is going to consider a particular matter, it will consider all the previous work done by the four Committees that I have mentioned—the Procedure, Privileges, Standards and Administration Committees—and will commission the relevant underlying Committee to do a fresh report on the matter in hand and report up to the Modernisation Committee. I think that is what the Leader of the House has in mind, and it is what she said to me privately, if I understood her correctly, but I would be grateful if she could be explicit and make it clear on the record that that is how she intends it to work.

The second important assurance is that the views of the Speaker will always be sought and fully taken into account on matters that are relevant to the work of the Committee. The Speaker is elected by all of us— unanimously, as it happened—and his views and the views of the Deputy Speakers are important.

The third assurance is that matters that would ordinarily fall to the House of Commons Commission will not be usurped, as it were, by the Committee. The Leader of the House said to me previously that the functions of the House of Commons Commission are not defined, but they are in the House of Commons (Administration) Act 1978.

In amendments (b) and (c), I propose that the Chairs of the Procedure, Privileges, Standards and Administration Committees be added to the Committee so that it has 18 members rather than 14. That would make sure that there is an opportunity for a smaller party to serve in that capacity and that the expertise of those Chairs comes directly to the Committee.

In addition, I propose that the Parliamentary Commissioner for Standards attends the Committee. They would not be a member, because they would have to be a Member of Parliament to be a member of a Select Committee, but an attendee or an observer, so that the commissioner could offer his or her opinion on the matters before the Committee, receive papers, and give other assistance as required.

All those amendments are designed to ensure that the existing Committees are properly taken into account and involved, and that their voice is heard, because they are important Committees with a lot of experience. If someone looks at some of these issues at first blush, such as second jobs, they might think that they are quite straightforward, but often they are not. There are all kinds of questions about people who have family businesses or a farm, or people who practise medicine or are doctors, that require careful thought. I do not want the work that has been done previously and that will be done in future to be lost.

I am asking the Leader of the House to give explicit assurances. In her opening speech, she gave general assurances that those Committees have a vital role, and that the Modernisation Committee would draw heavily on their work and not duplicate what they do, but I am asking for the specific assurances that I have just set out. If she can give all those assurances, or a substantial amount of them, I will not move the amendments, because I want to proceed in a spirit of cross-party harmony if at all possible. The Opposition stand ready to work constructively on these issues to ensure that Parliament’s reputation remains the highest of any Parliament anywhere in the world.

[Madam Deputy Speaker (Ms Ghani)]

Harmony is in all of our gift.

--- Later in debate ---

[Chris Philp]

Congratulations on your election, Madam Deputy Speaker. I congratulated one of your colleagues at the beginning, so let me add my congratulations to you on your election to the Chair.

Let me start by saying a huge congratulations and well done to the Members on both sides making some very impressive maiden speeches today. The hon. Member for Ipswich (Jack Abbott)—I am struggling to see him in the Chamber—listed all the premier league grounds he intends to visit now that his team are in the premier league. He did not mention Selhurst Park, the home of Crystal Palace in the borough I represent in Parliament—an accidental omission, I am sure.

My hon. Friend the Member for Spelthorne (Lincoln Jopp) made an excellent maiden speech. I wish him good luck with the upcoming house move. He very wisely observed that he does not plan to place any political bets anytime soon. The hon. Member for Telford (Shaun Davies) gave an excellent speech. He clearly brings to the House experience as a former chair of the Local Government Association. There is certainly no need for him to experience any imposter syndrome.

We heard from the hon. Member for Edinburgh East and Musselburgh (Chris Murray), who spoke extremely eloquently about his constituency and the Edinburgh festival. We heard from my hon. Friend the Member for Mid Bedfordshire (Blake Stephenson) about his support for the modernisation of Parliament and his commitment to public service here. We heard from the hon. Member for Cardiff West (Mr Barros-Curtis), who made an excellent and very eloquent speech. The hon. Member for Wolverhampton North East (Sureena Brackenridge) will clearly bring to bear her experience as a former deputy headteacher. The hon. Member for Poole (Neil Duncan-Jordan) has possibly one of the narrowest majorities in Parliament, which he will no doubt be valiantly defending. We also heard from the hon. Member for Glasgow South (Gordon McKee).

The hon. Member for Hazel Grove (Lisa Smart) paid fulsome tribute to the work of her predecessor, Andrew Stunell. The hon. Member for Lincoln (Hamish Falconer) has already assumed ministerial office. In fact, I can see his red ministerial folder on his knees— a meteoric ascent. My hon. Friend the Member for Central Suffolk and North Ipswich (Patrick Spencer) is apparently going to be the new Ed Sheeran of Parliament—that is what I took from his speech, anyway—and his mum is with us today. I did speak to a Labour Member whose mum was also here during her maiden speech a few days ago. Apparently, her mum fell asleep during the preceding speeches. You can take that how you will. [Laughter.]

Having congratulated new Members on their really brilliant maiden speeches, let me turn back to the substance before us. My hon. Friend the Member for South Leicestershire (Alberto Costa) spoke eloquently about the importance of ensuring that we take on board the long expertise of the existing House Committees, in particular the Standards Committee, which the hon. Member for North East Fife (Wendy Chamberlain) also referred to at the beginning from the Liberal Democrat Front Bench. The Standards Committee is elected by the House, not appointed by Whips, as the new Committee will be, and has seven lay members who bring in external experience, including, as I said earlier, a retired chief constable and others who bring genuine independence and expertise. It is vital that we continue to draw on the independence and experience of the Standards Committee.

These are complicated issues. We heard from the hon. Member for Honiton and Sidmouth (Richard Foord), winding up for the Liberal Democrats just a moment ago, how experience of practising medicine can help to enrich debates and inform the proceedings of the House, as Dan Poulter did when he was both a Member of Parliament and a practising doctor. Such considerations need to be carefully considered.

I am very much hoping—I might even go so far as to say “expecting”—that the Leader of the House will give the House some assurances in her winding-up speech. In particular, I seek assurances that the Procedure Committee, the Committee on Standards, the Committee of Privileges and the Administration Committee will always be invited to report to the Modernisation Committee on matters that it is due to consider; that the Speaker will always be consulted; that the work of the Modernisation Committee will not cut across what the House of Commons Commission does; and that the Parliamentary Commissioner for Standards will be invited to make submissions and give evidence where appropriate or necessary. If the Leader of the House can give strong enough such assurances about how the Committee will function, as well as an assurance that she will chair it on the basis of cross-party consensus, I am prepared not to move my amendments. I therefore wait with trembling and eager anticipation to hear what she says.

I am sure I speak for us all when I say that it is critical that we maintain standards at the very highest level here, to ensure that the public—our constituents—can have confidence in the work we do.

[Madam Deputy Speaker (Judith Cummins)]

I call the Leader of the House.

[Lucy Powell]

May I congratulate you on your election, Madam Deputy Speaker, and on having already made good use of the parliamentary hairdressers? I hope that you will maintain that tradition.

I thank so many Members of this House for taking part in this debate. We have heard some excellent maiden speeches. My hon. Friends the Members for Ipswich (Jack Abbott), for Telford (Shaun Davies), for Edinburgh East and Musselburgh (Chris Murray), for Cardiff West (Mr Barros-Curtis), for Glasgow South (Gordon McKee), for Lincoln (Hamish Falconer), for Wolverhampton North East (Sureena Brackenridge) and for Poole (Neil Duncan-Jordan) and the hon. Members for Spelthorne (Lincoln Jopp), for Mid Bedfordshire (Blake Stephenson), for Hazel Grove (Lisa Smart) and for Central Suffolk and North Ipswich (Patrick Spencer) all made excellent contributions. There is always a competition about who represents the very best constituency, but of course we all know that it is actually me.

Trust and dedication to constituencies, constituents and public service have been a common theme today. Substantive points have also been raised about the modernisation agenda, for which I am really grateful. The shadow Leader of the House, the right hon. Member for Croydon South (Chris Philp), raised several issues. I welcome his engagement, which I have sought over recent days; I discussed our proposals with him well in advance of tabling them.

The size of the Modernisation Committee, which is the subject of Opposition amendment (c), has been part of the conversation about representation across the House. The current proposal is to have 14 members; under the current algorithm, which is based on the make-up of the House, that will give nine places to the Government, three to the official Opposition and two to the third party. Expanding the Committee to 18 members would give 12 places to the Government party and three to the third party, but the official Opposition would still have three. I looked at all the numbers and I felt that having 14 members would give the fairest distribution among Government and Opposition parties. Going bigger still would not bring the smaller parties into the mix, which is why I have made a very firm commitment to have ongoing dialogue and meaningful engagement with them. If the numbers included Chairs of other Committees, the shadow Leader of the House might actually lose his place on the Committee, because the other Committee Chairs would take up the official Opposition places, so I ask him to think about the numbering.

The shadow Leader of the House asked about the Modernisation Committee’s relationship to other Committees. It is essential to be clear about this. I have been very clear that it will be a strategic, overarching Committee. It will not seek to duplicate any of the work of other Committees, which would be a waste of everybody’s time. Instead, it will work closely with those Committees, commission their work, seek their views, ask for their reports and their input and carefully consider their recommendations on all matters.

I see this as a sort of clearing house, a “task and finish” group that can more quickly bring recommendations from some of those Committees to the Floor of the House and take a strategic overview of how the different issues interrelate. The Standards Committee itself recommended that in its most recent report, in which it described the siloed and disjointed context in which we operate.

[Chris Philp]

The right hon. Lady’s comments are extremely welcome, but, for absolute clarity, can she confirm that when the new Modernisation Committee intends to consider a matter, it will first invite the relevant other Committee of the House to prepare a report and come back to the Modernisation Committee with it?

[Lucy Powell]

On the whole, yes; that is the intention and the hope. Some of those Committees do not yet have Chairs, but that is certainly the modus operandi for which we are hoping. We do not expect to be doing that work ourselves, or duplicating it.

The Standards Committee, which was raised earlier, has a completely distinct and different role because of the relationship with the lay members and with the Standards Commissioner. As I have said to the Leader of the House privately—I am sorry; I mean the shadow Leader of the House. [Laughter.] I am still getting used to this gig. As I have said to the shadow Leader, I sought the advice of the Standards Commissioner when considering how we would tighten the rules on paid advocacy, and I have followed his advice to the letter, because I think this is critical. The Standards Commissioner would not want to sit on the Committee because it would conflict with his role, but I see his role as being central to the drawing up of any further advice, because he has to police it—that is his job. I hope that satisfies the shadow Leader of the House.

The hon. Member for North East Fife (Wendy Chamberlain) and I have worked closely together, and I greatly value her input on these issues. I think that we largely agree on most of them. We do need to take forward the recommendations on the Independent Complaints and Grievance Scheme review, and that would be a first task for the Committee.

My hon. Friend the Member for Blyth and Ashington (Ian Lavery) made an erudite speech, as usual, about trust and cleaning up politics, and I thank him for his contribution. That is very much what we are seeking to do. The hon. Member for South Leicestershire (Alberto Costa) has done invaluable work on this matter in the past in his role as a member of the Standards Committee. As I have said, I am very conscious of the work that the lay members do and the need for that to play a separate role in this context, but, as the hon. Gentleman will know, the landscape review pointed clearly to the need for a more strategic, joined-up approach to some of these issues. The hon. Member for North Herefordshire (Ellie Chowns), as a newbie, presented some welcome ideas. She reflects the enthusiasm of many other newbies and, I think, the frustration of many of them as well.

I listened to the speech of the hon. Member for Aberdeen North (Kirsty Blackman) from outside the Chamber. I really do value her contribution to this debate, and I look forward to working with her. I would love to have her on the Committee, but I am hopeful that we can find a way for that ongoing relationship to be meaningful and regular, and that she will be able to contribute some of the ideas that she mentioned today in a more formal manner. My hon. Friend the Member for Walthamstow (Ms Creasy), in a very short space of time, gave some very good advice about the implications for safety and human resources on the estate, and she was right to do so. We did not hear many comments on second jobs, but I think we all agree that we need to take action in that regard, and I am glad to see the extent of the cross-party support for such action.

I hope we will not divide the House on these issues, because I think it important for us to stand together today. We have seen plenty of enthusiasm and support, and I hope that Members will now support the motion.

Question put and agreed to.

Resolved,

That, with effect from 25 October 2024, paragraph 2 of Chapter 4 of the Guide to the Rules relating to the conduct of Members be amended to leave out:

“a) advice on public policy and current affairs;

b) advice in general terms about how Parliament works; and”.

[Madam Deputy Speaker]

Amendment (b) has been selected. I call Chris Philp.

[Chris Philp]

On the basis of the assurances given by the Leader of the House, I will not move the amendment.

[Madam Deputy Speaker]

As amendment (b) has not been moved, I will not call amendments (c) and (d), but I will call amendment (e).

[Chris Philp]

On the basis of the Leader of the House’s assurances, I will not move the amendment.

Question put and agreed to.