Independent Expert Panel

Debate between Lord Beamish and Jacob Rees-Mogg

Wednesday 25th November 2020 Commons Chamber

[Mr Rees-Mogg]

I am grateful to my hon. Friend for that point. Before the appointments were made, we had a number of representations from Members of this House saying that they would feel confident in the system if the chairman of the panel had the experience of a High Court judge, and Sir Stephen is a distinguished—

[Mr Kevan Jones (North Durham) (Lab)]

Will the Leader of the House give way?

[Mr Rees-Mogg]

Of course I will give way to the right hon. Gentleman.

[Mr Jones]

Like the Leader of the House, I have no problem with the chair being a lawyer, and I accept what has just been said, but my right hon. Friend the Member for Warley (John Spellar) raised an interesting point. There is no one on the panel from an HR background in business, the trade union movement or the third sector. There are a number of individuals in the third sector who could have brought great expertise—not legal—to the panel, so I question how the consultants drew up the list in the first place. I would have thought that if they were looking for a broad spectrum of interests, lawyers are important, but so are others.

[Mr Rees-Mogg]

The right hon. Gentleman is being unduly uncharitable towards lawyers. Lawyers can, in addition to being lawyers, have a wide range of experience in the way that they practised. Other than Members of Parliament, lawyers probably see more of life in its many and varied forms than many people in a lot of other professions. To broaden out from the people who often serve on quangos is not a bad idea for this type of panel.

As I was saying, Sir Stephen has had a distinguished judicial career, which will be of great benefit to his role as chairman of the independent expert panel. The other candidates who have been recommended for appointment are also—I hope this will reassure the right hon. Members for Warley (John Spellar) and for North Durham (Mr Jones)—of an impressive standard. Miss Dale Simon, CBE, is a qualified barrister and a former director for public accountability and inclusion in the Crown Prosecution Service, which is an important role in a public body beyond the immediate application of the law.

Dr Matthew Vickers has been the chief ombudsman and chief executive of Ombudsman Services, and we know from our experience with constituents how valuable the ombudsman services are and what an understanding ombudsmen inevitably have of a variety of lives lived and experienced by our constituents.

Sir Peter Thornton, QC, is a retired senior circuit judge with almost a decade’s experience at the central criminal court, including hearing cases of serious sexual violence. I go back to the point that I made to the right hon. Member for North Durham: lawyers do see life in the raw, and probably the rawest is on the criminal circuit seeing cases of serious sexual violence. That is an experience that few people would have.

[Mr Kevan Jones]

The Leader of the House is misreading what I said. If he listened to what I said, he would know that I am not opposed to people with a legal background being on the panel—I think that the chair having a legal background is right—but if we look at the CVs of the other people, what is lacking from the panel are people from, for example, industry, trade unions, the third sector and local government. People from all those sectors could have huge experience and add something to this panel.

[Mr Rees-Mogg]

I say once again that this panel has come from 134 applicants, and the most distinguished and capable have been drawn from it. The panel’s members include Monica Daley, a barrister of 25 years’ standing and former independent legal chair of the police misconduct committee; Professor Clare McGlynn QC, professor of law at the University of Durham—the right hon. Gentleman’s part of the world—with particular expertise in the legal regulation of sexual violence, so there is a good deal of expertise in some of the issues that may come before the panel; Mrs Lisa Ball, who brings two decades of experience in determining cases and complaints in a range of fields, including bullying, sexual harassment, discrimination, misconduct and professional standards; and Mrs Johanna Higgins, Northern Ireland commissioner for the Criminal Cases Review Commission and a barrister of 27 years’ standing.

Committee on Standards

Debate between Lord Beamish and Jacob Rees-Mogg

Tuesday 10th November 2020 Commons Chamber

[Mr Rees-Mogg]

The Commission looked at a broad paper setting out the way the recruitment would take place; it did not look at the details and the questions that the Committee would ask in terms of political affiliation. The issue—[Interruption.] That is just such a fatuous point. It is not about packing it; it is about having people who do not have a political affiliation of a recent kind.

As I said, objections were raised before we knew what party this lady belonged to, because the politicians on the Standards Committee are the Members of Parliament, not the lay members, who need to be impartial. Lay members should be genuinely independent and that did not seem to be the case, so questions were raised. It was at that point that it emerged that Ms Carter had joined the Labour party this year to vote in the Labour party leadership election. It seemed to me that anyone who had recently joined any political party in order to cast a vote in favour of an individual to lead that party, believing that doing so would ensure a viable Opposition, would find it hard to persuade people that they were genuinely impartial. Under those circumstances, it is perhaps not surprising that the House of Commons Commission did not achieve consensus in approving the appointment.

In the light of this candidate’s noted support for one particular Labour leadership contender over another, I find myself in the perhaps unexpected position of juggling the interests of the rival factions of the Labour party. A lay member of the Standards Committee should be impartial towards politics that I do not like as well as politics that I do like.

As Leader of the House, I have a responsibility to all Members to protect their interest, which extends to all Members who competed in the Labour leadership election, some more successfully than others. Let me ask the House what view it would have taken of somebody who applied to join the Standards Committee who had joined the Conservative party just to vote for my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) in the Conservative leadership contest because they believed in the need to get Brexit done. Under those circumstances, we would not be having this conversation. The same principle applies to somebody who joined the Labour party to support one particular candidate.

I do not make these points in an academic, theoretical or philosophical way. It is likely that, in the near future, the Standards Committee will be asked to consider a case relating to the activity or conduct of an MP. In this instance, there is a real risk of the appearance of bias, because this proposed member has made clear her support for one candidate over another and joined a party specifically to vote for that one candidate over the other. We cannot have a situation where a lay member of the Standards Committee is perceived as being linked to a faction within a political party—as it happens, within the Labour party, but it would be just as unsuitable if someone were to be linked to a faction within the Tory party, although of course the Tory party does not have factions. What happens when that lay member is asked to make a judgment about the activity or conduct of an MP from within that faction?

[Mr Kevan Jones (North Durham) (Lab)]

The Leader of the House just said that this individual is a member of a faction. Is it not the case that that individual might have just wanted to vote for one candidate? Does he have any evidence that she is organised as part of a faction within the Labour party, because that is what he just implied?

[Mr Rees-Mogg]

The point is self-evident: if somebody joins a party specifically to vote X, they also specifically vote against Y. Y is a Member of this House. The person in question who joined the Labour party clearly has a view that is unfavourable to Y and favourable to X. Y may appear in front of the Standards Committee. At what point could Y possibly have confidence that this lady, who claims not to be anything other than impartial in normal circumstances, should be impartial against them after she voted against them and specifically joined the Labour party to vote in that direction?

--- Later in debate ---

[Mr Jones]

I have to say the Leader of the House is tying himself up in knots, because that is not the question that I asked. He said that she is a member of a faction. Does he have any evidence that, apart from casting a vote for a candidate in an internal Labour party election, she has been organising with others to support a certain candidate? If he does not, he should correct the record.

[Mr Rees-Mogg]

I said quite clearly that she supported a faction. If someone supports one candidate in a leadership election, they are self-evidently supporting a faction. That is just normal use of English, which I am surprised the right hon. Gentleman questions, because he is quite hot on that normally. Any perception of partiality undermines the important role of lay members, who are there to provide a vital balance to the political membership of the Standards Committee. That is why we ask for lay members in the first place.

Business of the House

Debate between Lord Beamish and Jacob Rees-Mogg

Monday 23rd March 2020 Commons Chamber

[Mr Rees-Mogg]

I will do better than my right hon. Friend asks; I will ensure that an extract of Hansard recording the thanks of my right hon. Friend is sent to the Chancellor. His proposals have received widespread support across the country and the House. My right hon. Friend’s point on the self-employed is very well made, and I will ensure that that is also passed on.

[Mr Kevan Jones (North Durham) (Lab)]

May I add my welcome to the support given last week to those in employment? There is, however, real anxiety out there among the self-employed. For example, Bill Croney, one of my constituents who runs an event catering business contacted me this morning. These people have got no money coming in, and I think people need to realise that. The Government need urgently to bring forward active measures, and the indication of a statement tomorrow would at least be a ray of hope for some of those people in desperate times.

[Mr Rees-Mogg]

Although the Bill coming before the House tomorrow is not specifically directed at the self-employed, the scale of tomorrow’s Bill is such that it will allow expenditure of £260 billion on account. That gives the Government the flexibility that they need, assuming the House is willing to pass that Bill, to ensure that steps can be taken. I know that my right hon. Friend the Chancellor is giving urgent attention to ways of helping the self-employed. I think it is accepted across the House that that needs to be tackled.