Privileges Committee Special Report

Debate between Karen Bradley and Jeremy Wright

Monday 10th July 2023 Commons Chamber

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

It is a privilege to speak in this debate. I will try not to take too long or to repeat things that have already been said.

It is a great shame that the debate on the Privileges Committee’s fifth report, on Boris Johnson, became largely a debate about the integrity and standing of the Committee itself, rather than just the behaviour of Boris Johnson, which was the subject of the report. I can understand why many Members saw it as such, but it is important to establish in this debate that it is possible and legitimate to be in disagreement with some of the Committee’s conclusions, yet still respect and uphold the Committee’s authority and integrity. I say that because that is exactly the position I took in relation to that report. It must be legitimate to do that if the position is—as it is—that the Committee makes recommendations to the whole House, and the whole House then decides whether to accept them.

The report that we are debating today is entirely about the Privileges Committee’s authority and integrity, and about how that should be upheld. Just as criticism of the Committee’s conclusions can be perfectly legitimate, and just as it is not right to say that any criticism of it is an attack on its authority, so it is not right to say that all attacks on the Committee must be allowable as exercises of free speech. We recognise, do we not, that free speech is sometimes properly restricted in the interests of broader freedoms? That is exactly what we are considering here.

The Committee’s special report makes the strong point that there are legitimate opportunities for Members to oppose a referral of a matter to the Committee in the first place—as has been observed, in the case of Boris Johnson nobody did, not even Boris Johnson. The Committee is also right to say that criticism of its conclusions is perfectly valid, as is a decision not to support those conclusions. What is not valid is to attack or to seek to influence or undermine a Committee that this House has charged with an inquiry while that inquiry is ongoing.

[Karen Bradley]

My right hon. and learned Friend allows me to make a point that I have just considered as we have been debating. If this was a criminal trial, it would be sub judice and Members of Parliament would not be allowed to comment on it. Perhaps we should think of the Committee as something analogous to that—a quasi-judicial progress in which Members can complete their work without influence from other Members, while proper processes are still available for Members to make representations.

[Sir Jeremy Wright]

Yes, I understand entirely the point my right hon. Friend makes. But there are, of course, significant differences between the work done by the Committee and the work of a court. It comes back to the speech by my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg), which I enjoyed too much to interrupt. It seemed to me that the point he was making about Lord Hoffmann also bears some scrutiny in this respect. Courts are decision-making bodies. The Privileges Committee is not a decision-making body. The House of Commons as a whole is the decision-making body. There is therefore a difference between the way the Privileges Committee operates and the way in which a court operates. Where I do agree with my right hon. Friend is that it is important to the integrity of the Committee’s investigation that Members of this House, having delegating authority to that Committee to do the work, do not seek to derail it while it happens. That does not mean that they are not entitled to criticise any conclusions that the Committee may reach, and nor is it inappropriate, as I have done myself, for a Member not to agree with the conclusions the Committee has reached.

Proceedings during the Pandemic

Debate between Karen Bradley and Jeremy Wright

Tuesday 2nd June 2020 Commons Chamber

[Jeremy Wright (Kenilworth and Southam) (Con)]

It is a pleasure to follow the hon. Member for Ogmore (Chris Elmore). I entirely agree with the Government that remote scrutiny is inferior to Members of Parliament being here to do it directly. That is no criticism of those who have worked very hard to make a virtual Parliament work at all, but it is the reality of the ways in which Bills and Ministers are most effectively scrutinised. It is also to the Government’s credit that they are seeking to restore the most effective scrutiny of themselves. In relation to those of us who can do so, I understand their preference that we conduct our scrutiny from here, but this debate and the amendments to the Government’s motion are really about those colleagues who cannot be here, and specifically those who cannot be here because the Government have, for good and sensible reasons, told them that they should not be. For those colleagues, there is a strong case for preserving some means of virtual participation in our proceedings. I am grateful to have heard what the Leader of the House has already said about that, but I look forward to hearing more.

Surely the most fundamental part of our job is casting our votes. In that regard we should be most concerned with the most fundamental principles, and surely the most fundamental principle of all is that our votes in this place count equally, in our roles as representatives of our constituents. It cannot be right to exclude from decision making any Member against their will, unless it is done for reasons of principle or because it is unavoidable. Excluding those who would be here, were it not for the Government’s instruction, cannot be right on principle. This is not the House taking disciplinary action against those who have broken rules—quite the reverse—and neither it seems to me is it unavoidable. Imperfect though of course it is, we do have a system of remote voting that we have tested and used over the past few weeks. Of course, it should be used only for this period of restriction, but while that period continues it remains the only way that those excluded from this place can vote. I do not believe, I am afraid, that the Government’s solution is satisfactory. Pairing and slipping are exclusions from voting for which a Member has volunteered in most cases. The Members we are talking about today are not all volunteering to be excluded and to exclude their constituents from the process of legislative decision making. They are being excluded through no fault or wish of their own.

[Karen Bradley]

I apologise for intervening again, but my hon. Friend the Member for Christchurch (Sir Christopher Chope) referred to me earlier as letting the genie out of the bottle. My point was that the public expect us to vote. The public expect us to be here. The public are looking at our voting record. We will be judged on our voting record. To say, “I took the decision at that point to allow myself to be paired” or that, “I was not able to do anything else other than be paired because of my medical condition,” will probably not be sufficient for many of our voters.