Professional Standards in the Banking Industry Debate
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Dominic Grieve
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Professional Standards in the Banking Industry
Dominic Grieve Excerpts(11 years, 10 months ago)
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Ed Balls
The hon. Lady should listen before she concludes whether to support our motion later on.
First, all the recent experience of the phone hacking scandal suggests that only a judge-led inquiry, under the Inquiries Act 2005—[Interruption.] Every time that Members interrupt me mid-sentence, I just conclude that I am not going to take their interventions. Why do you not listen and have some respect for this House and our debates? Have some respect for the arguments being made.
Ed Balls
I will make the point and then take the intervention.
First, all the recent experience of the phone hacking scandal—[Interruption.] The Chancellor should listen—unless he is composing his apology. We should consider the recent experience of the phone hacking scandal and all the deliberations we see in, for example, the very important report on the details and reality of Select Committees and coercive powers, entitled “Select Committees and Coercive Powers—Clarity or Confusion?”, from the Constitution Society. All the experience shows that only a judge-led inquiry can have the necessary power to compel witnesses to attend and ensure the production—
Mr Deputy Speaker (Mr Nigel Evans)
Order. Just to help the debate, Mr Bridgen, save your energy. Mr Balls is not going to allow you to intervene, so please, no more while Mr Balls is speaking, Mr Bridgen.
Ed Balls
I will take the right hon. and learned Gentleman’s intervention, but I will make the point on powers first. I will do this in a proper way, Mr Deputy Speaker.
All the recent experience is that only a judge-led inquiry can have the necessary power to compel witnesses to attend and to ensure the production of documents, with powers of enforcement that make it a criminal offence to fail to comply—under section 35 of the relevant legislation, the penalty is 51 weeks or a £1,000 fine—or High Court powers of enforcement for contempt of court, under section 36. The problem is that Select Committees, in the modern legal world, just do not have the same powers in law to force witnesses to attend or to give evidence on oath, and nor do they have the necessary sanctions. The last time Parliament—
Ed Balls
No. I will take the intervention from the Attorney-General next, thank you.
The last time Parliament imposed a fine for contempt of court was before the great fire of London in 1666. The last time a member of the public was imprisoned for contempt was before the Boer war. Select Committees do not have these powers.
The Attorney-General
I am very grateful to the right hon. Gentleman for giving way. I intervene on one key point. It is clear from what he says that he desires that the preliminary part of his judicially led inquiry should produce recommendations on the lessons to be learned from the scandal of the manipulation of LIBOR as quickly as possible and by the end of the year. The question whether there is to be a criminal investigation is not in my hands or, indeed, those of anybody in this House. The idea that such an inquiry can be run in tandem with a criminal investigation is, I am afraid, impossible.
Ed Balls
We know that this proposal was cobbled together over the course of Monday. I wonder whether the Prime Minister and the Chancellor had the opportunity to consult the Attorney-General before they made this proposal. If we cannot have a judge-led inquiry until the criminal prosecution has been done, how can we possibly have a parliamentary inquiry? Exactly the same argument was made—
Ed Balls
In a second. I am still waiting for the Chancellor to make his intervention.
The second point is that exactly the same argument was made in the case of phone hacking—that we could not have the inquiry until the criminal prosecutions had been done. But that is not what has happened with the Leveson report.
Ed Balls
My hon. Friend is right, and I fear that the Attorney-General has just completely destroyed the basis of his own Government’s parliamentary inquiry. We know from experience that when the subject of a public inquiry overlaps with the prospect of criminal charges and trials, only a judge has the legal skills and credibility to conduct that inquiry without crossing the line of what is acceptable. That is what Lord Leveson showed and that is what parliamentary inquiries have been unable to do on phone hacking.
The Attorney-General
I am grateful to the right hon. Gentleman for giving way. So far as the Leveson inquiry is concerned, that question was recognised at the time that it was set up. It is for that reason that it was split in two. Lord Justice Leveson has been at great pains to avoid interfering with the process, but the process contemplated in the motion tabled by the right hon. Gentleman and others envisages, as I read it, that the part of the inquiry dealing with the scandal of manipulation should take place at once. I have made the point as to why I think that that is extremely difficult.
The right hon. Gentleman then raised a second point, which was that that argument could also apply to referring the matter to a Joint Committee of both Houses. If I may say so, he is correct in that. It could present such a difficulty, but I note that there is no prescriptive timetable laid down for the working of the Joint Committee and I have no doubt—[Interruption.] I am sure that despite parliamentary privilege the Joint Committee will have to adapt to any criminal investigation or inquiry that takes place. However, that makes no difference to the fact that, as drafted, the right hon. Gentleman’s motion appears to me to have a fundamental problem associated with it.
Ed Balls
I hear the right hon. and learned Gentleman’s points and I only wish the Prime Minister would talk to his own legal adviser. As far as I can see, the Attorney-General has entirely torpedoed the inquiry, which we were told yesterday would conclude by Christmas. If he is saying that the inquiry can take longer in order to deal with the issue of criminal charges, what does that make of the Prime Minister’s argument that the only reason for doing it this way was to do it faster? It is utterly incoherent. I am not saying in any way that the Attorney-General is being incoherent—it is just the Chancellor and the Prime Minister who have completely lost their grip on this whole process.
Ed Balls
It is no surprise that the Chancellor has gone completely white as he sits on the Front Bench. Let us be honest: he did not consult the Culture Secretary on a tax on churches; he did not consult the Transport Secretary on a U-turn on fuel; and he did not consult the Law Officers on the inquiry—
The Attorney-General
I am sorry that the right hon. Gentleman is being so obtuse about what seems to me to be a fairly clear issue. The motion he has tabled is, for the reasons I have given to him, unlikely to be feasible if there is a criminal investigation. He then conflated that with the suggestion that there could not be any kind of inquiry by a Joint Committee of both Houses. That is simply not the case. Of course there can be, provided that it bears in mind the need to respect comity with any other court or proceedings that might be taking place. It is the structure that the—
The Attorney-General
The right hon. Gentleman has not answered the question I put to him earlier. He says he wishes to have a judge-led inquiry, and he gives some perfectly good reasons—[Interruption.] These are matters of debate. He has been quite unable to explain how, in the light of the fact that at the same time there is a desire for a criminal investigation, those two can be reconciled. He has come to the Dispatch Box to criticise the Government for their approach, so that is a question he ought to be capable of answering, or receiving legal advice on how to answer it. It is a real problem, not an artificial or concocted one, and he has not provided that answer at all.
Ed Balls
It is a pity not only that the right hon. and learned Gentleman was not consulted before the inquiry was announced but that he is not leading for the Government today instead of the part-time Chancellor, as that would probably be a more enlightening debate. Let me repeat exactly what I said in my speech. When the subject—[Interruption.] I am going to answer the question, but it does not help if the Treasury Whip shouts from a sedentary position. If he wants to join the Chancellor and withdraw his allegations he can do so.
Let me repeat my answer to the question. When the subject of the public inquiry overlaps with the prospect of criminal charges and trials, it is our judgment that only a judge, as we have seen in the Leveson inquiry, has the legal skills and credibility to conduct that wider inquiry without crossing the acceptable line. A parliamentary Committee will never be able to do so. The reality is that there will be stalemate—witnesses not answering questions, documents not revealed—and we will not make progress. We adopted the Government’s timetable for the first stage of the inquiry, because we thought they had thought it through, but it turns out that they had not done so.
Ed Balls
I do not know the answer to my hon. Friend’s question; I do know that the open process of the Leveson inquiry has been challenging to Members on both sides of the House—but rightly so. If questions are raised, in an open judicial inquiry, about past regulatory decisions, that is right and proper; if they are raised about decisions made in the mid-1980s, that is right and proper; and if questions are raised about the financing of political parties and where donations comes from, that is right and proper as well.
We should have no fear of answering those questions, but, from what we have heard from Government Front Benchers, we know that the Government have no intention of holding such a full, open, public inquiry; they want an inquiry on the shortest timetable and in the narrowest way. The Attorney-General has told us why one cannot be held on a timetable for completion by Christmas, but let me remind him what the Prime Minister said on Monday:
“The Vickers Bill—the banking Bill—will be introduced in the House of Commons in January, and I want an inquiry to be completed by then so that we can take the best of that inquiry and put it in the Bill.”—[Official Report, 2 July 2012; Vol. 547, c. 590.]
But if that inquiry cannot do the job, how will we end up with the best? We will end up with the worst of all worlds.
The Attorney-General
It would help if the right hon. Gentleman listened, rather than getting carried away with his own rhetoric. There is nothing to prevent this House, if it wishes, from setting up a joint inquiry of both Houses into—[Interruption.] The “banking industry” is the way it was described, and that is what is in the motion—[Interruption.] Yes, to incorporate LIBOR—I make that quite clear.
Obviously, and this point applies as much to the right hon. Gentleman’s motion as to any other step, if there are criminal investigations or inquiries, any inquiry by this House will have to be managed in the light of that process—[Interruption.] Yes, it will have to be managed, because it must not interfere with that process. But, for the Government to support a motion for a judicial inquiry that cannot even get off the ground if criminal inquiries and investigations are taking place would be a rather odd thing for the Government to do, because such an inquiry could not happen.
The right hon. Gentleman has made a mistake in relation to the motion—
