Sir Malcolm Jack KCB

Hilary Benn Excerpts

Tuesday 12th July 2011 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

It is with great pleasure that I rise to support this motion on behalf of the Opposition, although it is a pity that Sir Malcolm is not here, for obscure reasons of tradition, to savour our praise. Oppositions do, from time to time, create a bit of trouble for the Government of the day, and in doing so we are always very helpfully advised by the Clerk of the House, who equally helpfully advises the Government on how to avoid the trouble. That is the skill of the Clerk—to offer guidance without fear or favour in the interests of our democracy—and that is exactly what Sir Malcolm has done with resolute distinction and great wisdom.

In addition to the achievements that the Leader of the House has recalled, Sir Malcolm has seen this place in and through turmoil—no more so than two years ago, but however bad that was, some of his predecessors have had a much tougher time. At the end of the 1500s, the Clerk had his own expenses troubles: he was so out of pocket that Members had to pass round the hat to pay his salary. In 1723, Thomas Ward made some extremely disobliging comments about King George I and for his pains was whipped around Palace Yard—the ancient equivalent of appearing before one of our more vigorous Select Committees. Later that century, Lucas Kenn was attacked in Cornhill, losing his wig and hat in the process, by a group who had just given evidence to a House Committee and wanted their documents back. I am glad to say that since then the pen and the tongue have replaced the fist and the whip but they are just as sharp in their own way.

Having joined the Commons Clerks Department straight from university in 1967, Sir Malcolm has seen it all—from the Agriculture Committee, as we have just heard, to the Joint Committee on House of Lords Reform, and from Ways and Means to the House of Commons Commission. Sir Malcolm’s perspicacity and that watchful eye of his, peering over the table—that is what I will always recall—will have escaped few Members’ notice over the past 44 years. As we have heard, he has been very keen to share our experience with parliamentarians across the Commonwealth and the world, and to learn from them. His influence may be greater even than we suppose. I am advised that when attending the Commonwealth Parliamentary Conference in Arusha in 2009, he was being driven by the Clerk of the Kenyan Parliament from Nairobi—an extremely gruelling journey—when in the middle of nowhere they had a flat tyre. While gloomily contemplating the problem, they were astonished by the sudden appearance of a priest, who had presumably been summoned telepathically by Sir Malcolm. As well as providing spiritual guidance, the priest managed to change the tyre and they continued their journey.

Throughout his career, as well as giving sound advice and service, Sir Malcolm has found time to write widely on subjects far removed from Parliament. He has written about the 18th-century politician and philosopher Bernard Mandeville, who first talked about the division of labour, and about Lady Mary Wortley Montagu, who once wrote a political periodical entitled the “Nonsense of Common-Sense”, which I am sure Sir Malcolm will have heard from hon. Members of the House from time to time. Yet, from his seat at the desk he has offered quiet, wise and courageous advice—never more so than in the wake of the expenses crisis, as the Leader of the House has recalled. At that time, he reminded us all that our freedoms as a Parliament—for that is what privilege is for—should not be cast aside in haste. Those freedoms are far too precious for that. I hope that he will cast an eye over the draft Bill on parliamentary privilege when it finally makes its appearance.

In his letter informing the House of his intention to step down, Sir Malcolm said that

“members’...duties…will necessarily ruffle and disturb the peace of consensus”.

I hope that we will promise Sir Malcom that we will all do our best to heed that advice, aided and abetted by the new edition of “Erskine May” that we are all eagerly anticipating.

I am sure that the House will agree with what Sir Malcolm said recently:

“One of the best features of the job is that I never know exactly what the day will bring”.

That is one of the joys of this place, and I am sure that the same will be true of his retirement. It is with great and heartfelt thanks that, on behalf of the Opposition, I join the Leader of the House in offering our best wishes to Sir Malcolm and his partner, Robert Borsje, for their future.