David Davis
Main Page: David Davis (Conservative - Goole and Pocklington)
Mr David Davis (Haltemprice and Howden) (Con)
On a point of order, Madam Deputy Speaker. Earlier this week, the Parliamentary Commissioner for Standards published the names of nine Members currently under investigation for breaches of the code of conduct. Their names were published along with the allegations made against them. She was able to do that following a motion passed by the House on 21 April amending Standing Order No. 150. This was brought before the House as part of a package of changes, which passed after a very brief debate, without a vote.
This is a very serious matter. A finding of a breach of the code of conduct can destroy reputations, end careers and, in effect, end the working lives of the individuals concerned. Perhaps most importantly, it can have a devastating effect on their families. Yet under the commissioner’s amended power she is able to publish the allegations without the individuals being able to defend themselves or respond publicly. Those who claim that Members can defend themselves are wrong—I have had access to legal advice on the matter.
Paragraph 17 of the report by the Committee on Standards requires any Member’s proposed statement in response to be subject to approval by the commissioner; in effect, this is the prosecutor being given the right of veto over the defence. This situation allows information to be issued under the power of privilege of this House, which can then be used by others to attack the reputation of hon. Members without them having the right—the ability—to freely defend themselves. That defies natural justice.
If any one of my constituents were to face such a procedure, I would be raising hell on their behalf. I imagine other Members would do the same for their constituents. It cannot be right that we do not allow to Members of Parliament the same rights that we would fight for for our constituents here in the mother of Parliaments, particularly today, on the 80th anniversary of its destruction by an authoritarian powers. This situation also allows the political weaponisation of a process that is supposed to be fair and just. It is, in my view, in complete defiance of natural justice and accordingly contrary to access to justice under the European convention on human rights.
I would be grateful, Madam Deputy Speaker, if you let the House know whether Speaker’s counsel has asked for an opinion on compliance with the convention before the vote was put to the Commons, and if not—and it is perfectly proper if not—please can such an opinion be requested, to guide the Committee and the House to ensure that Members’ rights are not trampled? I have been party on a number of occasions to the defeat of the British Government in the European Court of Human Rights. I would hate to see the same happen to this Parliament.
Madam Deputy Speaker (Dame Rosie Winterton)
I am grateful to the right hon. Gentleman for giving me notice of his point of order. He is right to state that on 21 April the House endorsed the recommendations of the Committee on Standards, which included a recommendation that the commissioner should have authority to publish a list of non-independent complaints and grievance scheme investigations, returning the situation to that before 19 July 2018.
The right hon. Gentleman is also correct that the process endorsed by the House contains a provision in some circumstances for a rebuttal to be issued, but that the wording of any such rebuttal requires the approval of the commissioner. The Committee’s deliberations on the report and the advice taken are a matter for the Committee, not for me or the Speaker. As the House has endorsed the process we are discussing, it is also not for me to comment on the right hon. Gentleman’s criticisms of it. However, he has put his views on the record and he might wish to pursue the issues he has raised with the Committee itself.