Privileges

John Whittingdale Excerpts

Thursday 27th October 2016 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

I am very conscious of the recommendation in the report that

“it would be wise for those Members of the House who sat on the CMS Committee in 2012 to take no part in the debate on our Report.”

I therefore do not want to talk about the specific cases of Mr Crone and Mr Myler, other than to thank the Committee of Privileges and its Chairman, because they have already had to spend a great deal of time on this matter as a result of the decision of the Committee that I chaired at the time to refer this matter to his Committee.

The Leader of the House talked about the fit and proper person test. He will recall that there was great speculation when the Culture, Media and Sport Committee decided to dispatch the Serjeant at Arms to serve a warrant on Mr Rupert Murdoch requiring him to appear before the Committee, with much excitement in the press about the consequences had he failed to respond. In actual fact, he did come. I do not know what processes he went through in deciding to do so, or his advisers in telling him that he should, but the fact that there is a fit and proper person test for those holding broadcast TV licences may have had some small part to play. The fit and proper person test is a relevant factor. It would be interesting to know whether it might apply beyond the broadcasting licensing requirements, perhaps extending into the general assessment of whether somebody is suitable to hold a position of company director, for instance. Perhaps being admonished by the House is not just the slap on the wrist that some fear it could be.

The other point, which the Leader of the House also mentioned, is the debate about whether this should become a criminal offence. I have reservations about that. If the two individuals who are accused had been prosecuted in a court of law, they would have been entitled to defence counsel, and I can envisage myself being cross-examined about whether it was right that I questioned as I did the people who appeared. That would clearly have profound implications for the powers of Select Committees.

These are very deep and difficult waters. I conclude by expressing my sympathy for the Chairman of the Privileges Committee, who, having already spent years on this matter, is now being compelled to go back to it and consider even more difficult questions. I look forward to hearing his conclusions.