Committee on Standards: Decision of the House

David Jones Excerpts

Monday 8th November 2021 Commons Chamber

[Mr David Jones (Clwyd West) (Con)]

It is a pleasure to follow the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts). The former Member for North Shropshire, the right hon. Owen Paterson, served his constituency for 24 years and held some of the highest offices in Government. By any standards, what happened to him is a tragedy: he lost his career but, much worse, he lost his wife in the most distressing circumstances. On a human level, there cannot be a Member of this House who does not feel at least some degree of sympathy for him.

I have heard the proposal of the Chair of the Committee on Standards on how to deal with Mr Paterson’s case, but in reality, the specific issue of his personal conduct is closed as a consequence of his resignation last week. However, his case has highlighted issues that deserve the continued attention of this House. In retrospect, everyone agrees that it was wrong of the Government to conflate the specific issue of Owen Paterson’s conduct with the important wider issue of the regulation and enforcement of standards in this House, and I was glad to see the Chancellor of the Duchy of Lancaster issuing what I thought was a very full apology for that.

What the case has thrown into focus are questions of natural justice that are not adequately addressed in Standing Orders Nos. 149 and 150. For example, Mr Paterson wanted to call no fewer than 17 witnesses to give evidence in support of his case, and he was not afforded the opportunity to do so. My hon. Friend the Member for South Leicestershire (Alberto Costa) has expressed his concerns on the issue of natural justice. For my own part, I find it hard to see how the denial of a right to call witnesses and for those witnesses to be examined and cross-examined—a right that is taken for granted in civil and criminal proceedings in this country—can be compatible with natural justice.

[Chris Bryant]

I do want to correct this point. We did hear the witnesses in writing. Their witness statements are all available online. We considered the matter. As happens in every single court in the land, we considered the matter, as judges would and as many tribunals would.

I would just say to the right hon. Member that he voted for a motion that, I am afraid, did not close the matter on Mr Paterson. It left it completely and utterly open—deliberately so—and, indeed, Mr Paterson still asserts that he is innocent and that, if he were a Member, he would do the whole thing all over again, so I am afraid we will have to tidy this up.

[Mr Jones]

I hear what the Chairman of the Committee has to say, but, frankly, it is one thing to read written evidence, and it is another thing for that evidence to be tested in examination and cross-examination, and that was not allowed.

Furthermore, there is no provision for an independent appeals process under Standing Order No 150. I do not believe that that can be right either. Provision should be made for a proper appeals procedure under the Standing Order No. 150 process, as indeed there is under the Independent Complaints and Grievance Scheme, where an appeal panel is chaired by a High Court judge.

There should also be greater legal input into the entire process. Standing Order No. 150 does provide for the establishment of an investigatory panel, with a legally qualified assessor and counsel, but only at the behest of either the commissioner herself or the Committee. That, of course, was not done in Mr Paterson’s case. Indeed, ever since the procedure was first put in place, no such panel has ever been established. That is a matter of regret because the legal assessor has a duty under Standing Order No. 150(10) to

“report to the Committee…his opinion as to the extent to which its proceedings have been consistent with the principles of natural justice”.

That is the only occasion in which the words “natural justice” appear anywhere in Standing Orders Nos. 149 and 150, which, I suggest, is also a matter that needs to be rectified.

In the debate last week, the right hon. Member for Orkney and Shetland (Mr Carmichael), whom I am delighted to see in his place, made the important point that, while he was sympathetic to the proposition that the rules do need reform, this could only be done with consensus. I believe that Mr Paterson’s case, despite its wholly regrettable outcome and, frankly, the way it was handled last week, has highlighted deficiencies in the process that do need to be addressed by the House. I very much hope that, now that the sting caused by the conflation of the individual case with the wider issue of the need for reform has been removed, the House can proceed on the basis of consensus and seek to make improvements to a system that, whatever the rights and wrongs of the Paterson case, is so clearly in need of reform.