Privilege: Conduct of Right Hon. Boris Johnson

Julian Lewis Excerpts

Monday 19th June 2023 Commons Chamber

[Sir Jacob Rees-Mogg]

No, I have already given way to the hon. Gentleman, which seems to me to be sufficient.

Paragraph 9 of the report says:

“we leave our party interests at the door of the committee room”.

That is all very good, and it is to be encouraged, but it does not meet the Hoffmann test, which is important because the Judicial Committee of the House of Lords, like the Privileges Committee, was a Committee of Parliament following a judicial or, in this case, quasi-judicial process. I quote from its judgment:

“The contention is that there was a real danger or reasonable apprehension or suspicion that Lord Hoffmann might have been biased, that is to say, it is alleged that there is an appearance of bias not actual bias.

The fundamental principle is that a man may not be a judge in his own cause. This principle, as developed by the courts, has two very similar but not identical implications. First it may be applied literally: if a judge is in fact a party to the litigation or has a financial or proprietary interest in its outcome then he is indeed sitting as a judge in his own cause. In that case, the mere fact that he is a party to the action or has a financial or proprietary interest in its outcome is sufficient to cause his automatic disqualification. The second application of the principle is where a judge is not a party to the suit and does not have a financial interest in its outcome, but in some other way his conduct or behaviour may give rise to a suspicion that he is not impartial”.

That is the fundamental point, and it led to the Judicial Committee—for, I believe, the only time in its history—overturning a decision it had made. It is reasonable suspicion.

The judgment of Lord Nolan runs to only four lines. I will read out only two of them:

“I would only add that in any case where the impartiality of a judge is in question the appearance of the matter is just as important as the reality.”

This seems to be fundamental: the Judicial Committee followed a proper process, which the Privileges Committee did not.

I have slightly exceeded the time limit, but I will finish relatively swiftly. Fortunately, the previous two speakers were brief, which is encouraging.

[Sir Julian Lewis (New Forest East) (Con)]

rose—

[Sir Jacob Rees-Mogg]

I will not give way. Let us come to paragraph 14, on a special report, because this is important. Paragraph 194 cites the 1978 resolution of this House that its “penal jurisdiction” would be used

“sparingly…in order to provide reasonable protection for the House, its Members or its officers from improper obstruction or attempt at or threat of obstruction causing, or likely to cause, substantial interference with the performance of their respective functions.”

That does not mean criticism; it is absolutely legitimate to criticise the conduct of a Committee or its members—that is politics. Our politics is adversarial, which is one of the great strengths of our political system. It is open to us, within this Chamber, to accuse people, within the bounds of good order, of saying things that we disagree with. Outside this Chamber, freedom of speech is paramount; we are allowed to say what we like.

The House has historically tried to call people to the Bar—indeed, in past times it even imprisoned people—and it made the House look ridiculous. When John Junor was called to that Bar of the House because he had said in the Sunday Express that Members were fiddling their petrol coupons, it was not he who looked ridiculous but the House. We must defend the right of freedom of speech. Frankly, if politicians cannot cope with criticism, one wonders what on earth they are doing with a political career.

I have one final question, which arises from annex 1 and the answer to question 7, where it says that Sue Gray’s report was not important in this case. When the witnesses have come from Sue Gray’s report, it is odd then to say that her report was not important. It might also be interesting to know, in the interests of paragraph 12-style transparency, quite how many communications, private and public, the Chairman of the Committee had with Sue Gray.

--- Later in debate ---

[Sir William Cash]

I will leave that for a moment. I have more to say on that very question.

Only by cross-examination of witnesses can truth be properly established. The 1997 resolution went through unanimously after a series of many Select Committee reports in the 1990s following the arms sales to Iraq saga. There were intensive cross-party discussions and, eventually, John Major and Tony Blair insisted on the words, “knowingly misleads” in the resolution that was unanimously passed; the House agreed to it. That resolution, as I have said repeatedly, prevails to this day. Therefore, no Minister shall be expected to resign, or be forced to resign, unless that can be proved.

The motion of 21 April deliberately left out the word “knowingly”. It was a Labour bear trap for Boris Johnson and the Government. Changing this fundamental principle through a new precedent would, in my view, affect all Governments and democratic accountability in future, and would, incidentally, apply to civil servants, who are also governed, under the civil service code of conduct, by the words “knowingly misleads”. They are the people who have to put together the answers to the questions that are raised on the Floor of the House and, for that matter, in speeches, too.

[Sir Julian Lewis]

My hon. Friend is, indeed, a true friend and, normally, we find ourselves in the same Lobby under heavy crossfire, but I want to ask him a simple question that I would have asked my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg) had he found time to give way to me. Given that he is so hostile to the report of the Committee, will he do people like me a favour and divide the House today, so that we can have the opportunity to cast our vote, either against the report, as he wishes to do, or in favour of it, as I wish to do?

[Sir William Cash]

My right hon. Friend is a very good friend of mine—he really is—as indeed of some Members on the other side of the House. I would simply like to say this. I am not in control of whether there is going to be an amendment. [Interruption.] No, I am making the point that, as far as I am concerned, there is an issue here that is being debated. Many people are absenting themselves for what they believe to be very good reasons. I am simply taking the view that somebody may decide that they are going to divide the House and I am leaving that as an open question for the time being. However, the statements made by Boris Johnson on the Floor of the House—