Points of Order

Clive Lewis Excerpts

Tuesday 6th February 2018 Commons Chamber

[Andy McDonald]

rose—

[Clive Lewis (Norwich South) (Lab)]

rose—

[Mr Speaker]

I am saving up the hon. Member for Norwich South (Clive Lewis); as I often say, it would be a pity to squander him at too early a stage of our proceedings.

[Mr Speaker]

I am grateful to the hon. Gentleman, whom I indulged fully as he developed his point of order. I say with respect to the latter part of his observations, in respect of an alleged breach of the ministerial code, that I am not its arbiter. It is not for the Chair to adjudicate upon whether a Minister has breached the ministerial code. Whether the hon. Gentleman likes it or not, that is in the hands of the Prime Minister. The Prime Minister looks at such matters, or can ask others to look at them on her behalf, but it is not a matter for the Chair.

I thank the hon. Gentleman for raising the matter, and although it is not—simply as a matter of constitutional fact—a point of order for the Chair, he has none the less taken the opportunity to put his concerns on the record. It is up to the Government if they wish to respond to the matter he raises, because there is absolutely no doubt that Ministers will have heard what he had to say—it will have been heard on the Treasury Bench, and it either will have been heard, or will very soon be heard, by the particular Minister at whom his remarks were directed.

[Clive Lewis]

On a point of order, Mr Speaker. I seek your advice pertaining to the powers and privileges of the House. You will recall the recent debate I led on the treatment of small and medium-sized businesses by the state owned bank the Royal Bank of Scotland, after which this House voted unanimously for a full inquiry. Since that debate, I have received a full and unredacted copy of the Financial Conduct Authority investigation into RBS, which the FCA has so far refused to release, including to the Treasury Committee. Having read the document, I believe it shows that RBS executives misled the Select Committee in their evidence and have a stated policy of misleading Members of this House. Far from being isolated incidents of poor governance, as they claimed to the Committee, the report explicitly states that their behaviour was “systemic and widespread”. In one shocking passage of the report, out of hundreds, the bank boasted that one family business was set to “lose their shirts” so that RBS could get a “chunky equity deal.” Furthermore, it is clear that the summary of the report the FCA has published is what I would politely describe as a sanitised version.

The chair of the FCA, Andrew Bailey, is giving evidence to the Select Committee tomorrow. First, in light of that, Mr Speaker, may I ask your permission to hand over the full unredacted report to both you and the right hon. Member for Loughborough (Nicky Morgan), the Chair of the Treasury Committee, whom I note is unable to be in the Chamber at the moment?

Secondly, Mr Speaker, may I ask you to confirm that parliamentary privilege will apply to any Member or the Select Committee should they choose to refer to the report in the House? Finally, might I ask your guidance on whether deliberately misleading a Select Committee of this House would constitute contempt of Parliament, and what recourse this House has when that occurs?

[Mr Speaker]

I am most grateful to the hon. Gentleman for his point of order and his courtesy in giving me advance notice of it. It is not for me either to give or to deny the hon. Gentleman permission to hand over the report to the Chair of the Select Committee; the hon. Gentleman must, and I am sure will, take responsibility for his own actions. For my part, I must say to the House, as well as to the hon. Gentleman, that I do not wish to receive a copy. That is for two very good reasons. First, I have a very full reading list, in so far as the hon. Gentleman has the remotest interest in my personal habits. Secondly, and more importantly, I do not wish to receive a copy of the report because however important its contents and however they may be a source of perturbation to many people, they are not a matter for the Chair. Should the Treasury Committee wish to procure this document, I am sure that it could take steps to do so. The hon. Gentleman would also be well advised to take legal advice if he plans wider disclosure of the document he has received.

I can confirm that the hon. Gentleman’s comments in this House are covered by privilege. That is, it has to be said, perhaps just as well, since he has already uttered them. Deliberately misleading a Select Committee of the House would constitute a contempt. The proper course of action for a Member wishing to complain of a breach of privilege is to write to me. There have been a number of examples of this, so I can authoritatively tell the hon. Gentleman that that is the proper course open to him. I hope that that is helpful to the hon. Gentleman and that he will go about his business at least moderately satisfied.