(7 years, 1 month ago)
Commons ChamberI can assure you that Mrs Hoyle will be the one who will come.
Can the Leader of the House arrange an emergency debate on the re-routing of HS2 in South Yorkshire? At the HS2 briefing for Members last night, the chairman of HS2 said that the reason it is not in favour of the Sheffield Meadowhall station is the lack of backing by Sheffield City Council and the Sheffield chamber of commerce, blatantly ignoring the wishes of the other three councils in South Yorkshire. Can we have an urgent debate on those matters?
(10 years, 10 months ago)
Commons ChamberTagged on to this debate is a report by the Committee on Standards and Privileges, which I chair, that we published on the day of the Bill’s Second Reading. It was all a bit of a hurry because of the Government’s haste to get these provisions into Parliament. On 18 July I wrote to the Leader of the House with some major concerns that we had about the Bill’s implications for Members of Parliament and the consequential implications for the codes of conduct—our own rules in relation to Members’ activities.
The House of Commons has long been concerned about lobbying. As early as 1695, the House resolved:
“The Offer of any Money, or other Advantage, to any Member of Parliament, for the promoting of any Matter whatsoever, depending, or to be transacted, in Parliament, is a high Crime and Misdemeanour, and tends to the Subversion of the Constitution.”
Successive resolutions have restricted what Members are permitted to do. The current code of conduct states:
“No Member shall act as a paid advocate in any proceedings of the House.”
Indeed, the “Guide to the Rules relating to the Code of Conduct of Members” makes it clear that prohibition on advocacy is not limited to proceedings in the House or approaches to Ministers but extends to approaches to colleagues and to any servants of the Crown. Consultant lobbying is usually understood to consist of the acceptance of money in direct return for lobbying activity. Under the code of conduct as currently written, this would almost certainly be a breach of the advocacy rule. We noted that the requirements for the registration of Members’ financial interests are far more detailed than the Bill’s requirements for entries in the register of consultant lobbyists. There was grave concern that had it remained as first published, there would have been major conflict between Members of this House and organisations outside.
We recognised that although Members are permitted to have outside interests, a Member who carried out consultant lobbying would be breaking the current rules of conduct of the House. None the less, we also recognised that that could change if the House changed its rules to permit such activity, though we considered that to be extremely unlikely. If that were the case, Members would then not be immune from the general, nor should they be. If the advocacy rule were ever rescinded, a Member who acted as a consultant lobbyist should be subject to the same rules as any other such lobbyist.
We had to draw up the report very quickly because of the timetable that we have had for the Bill. We brought up two major concerns in our conclusion. First, we said:
“In our view, the difficulties about the way in which the legislation applies to Members of Parliament would be swept away if paragraph 2 of Schedule 1 was removed.”
The Government’s amendment 29 does that, I am pleased to say. As has been clearly pointed out in the debate, under the paragraph I would be potentially restricted to lobbying the Secretary of State or a senior civil servant only on the basis of a constituent having contacted me about an issue. That would be nonsensical. It would mean that to be able to do the work that I have been doing on public health for many years in this Chamber, I would first have to get a constituent to write to me about it. It could also affect my ability to go to a recognised charity that is concerned about public health issues and work with it in the hope of getting more effective legislation. We all do that, as the right hon. Member for Chesham and Amersham (Mrs Gillan) said.
(13 years, 9 months ago)
Commons ChamberI beg to move,
(1) That this House approves the Sixth Report of the Standards and Privileges Committee, Session 2010-11, HC 577; and
(2) That accordingly—
a. The Commissioner may publish papers relating to complaints rectified or not upheld since the beginning of financial year 2008-09 and information about complaints received and matters under investigation since the beginning of financial year 2010-11.
b. Standing Order No. 150 be amended, by inserting the following new paragraph after paragraph 10.
“(10A) The Commissioner shall have leave to publish from time to time—
(a) information and papers relating to—
(i) matters resolved in accordance with paragraph (3) of this order;
and
(ii) complaints not upheld;
and
(b) information about complaints received and matters under investigation.”
With this we will consider the following:
Motion on the Power of the Parliamentary Commissioner for Standards to Initiate Investigations—
(1) That this House approves the Seventh Report of the Standards and Privileges
Committee, Session 2010-11, HC 578; and
(2) That accordingly Standing Order No. 150 be amended, by leaving out paragraph (2)(e) and inserting in its place:
“(e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards and Privileges or to an appropriate subcommittee thereof, unless the provisions of paragraph (3) apply.
(2A) In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further.”
Motion on the Lay Membership of the Committee on Standards and Privileges—
That this House agrees with the principle as set out in the Twelfth Report from the Committee on Standards in Public Life that lay members should sit on the Committee on Standards and Privileges; and invites the Procedure Committee to bring forward proposals to implement it.
[Relevant document: The Second Report of the Committee on Standards and Privileges, Session 2009-10, implementing the Twelfth Report from the Committee on Standards in Public Life, HC 67.]
Only one referral of the nature that my hon. Friend sets out has happened in my five years on the Committee, and the matter is out of the Committee’s hands. My understanding is that it happens elsewhere and is not done by the Committee. As I emphasised earlier, there has to be an evidence base for any complaint that is taken up and investigated by the commissioner. The last annual report showed that 245 cases had not been pursued because there was no evidence, but that 72 had been, although some of the Members involved will have been found to have done nothing wrong. I commend the motions to the House.