Privileges and Conduct

Lord Butler of Brockwell Excerpts

Thursday 15th November 2018 Lords Chamber

[Lord Mackay of Clashfern]

She was the investigator and complaints were made about the nature of the investigation. She submitted to the Committee for Privileges a document containing that information. That was submitted to the noble Lord, Lord Lester, for his consideration—the committee was not going to take one side or the other. He then submitted a supplementary comment on that also. The last person we heard speak on this was the noble Lord, Lord Lester. The commissioner was not asked to speak after that. We were firmly of the opinion that the commissioner’s report had to be taken on the basis of what she said, and the committee had the duty of deciding, on the balance of probabilities, whether that was a reasonable decision in the circumstances or to reject it. We also had the knowledge that, if we rejected the commissioner’s report, we were in fact saying that the complainant’s account of the matter was a complete lie. The evidence she submitted on paper was detailed and circumstantial, and the commissioner went over it with her.

[Lord Butler of Brockwell (CB)]

My Lords, the noble and learned Lord will know that I intervene with great reluctance. Is he saying that, if the feeling of the House is that, for whatever reason, the process was unfair, nevertheless we are compelled by the rules to do an injustice to an individual?

[Lord Mackay of Clashfern]

Not at all. I am saying that the process is perfectly fair. The commissioner gave the noble Lord, Lord Lester, and the complainant exactly the same balance. I do not accept for a moment that this House has approved unfair rules and only discovered that today. These rules have been in position for a long time, and you have to bear in mind that the complainant made a complaint on the basis of these rules. As far as I can see, there is nothing unfair about the rules, so long as both sides get the full account of what the other side has said. In my opinion, that is natural justice: that you have the full account before you. Natural justice would not allow, for example, supplementary evidence to be taken by the commissioner without it being shown to the noble Lord, Lord Lester. As far as I know, there is no complaint to suggest that he was not shown every piece of paper that the commissioner had. He was given his opportunity to explain.

The process then requires the commissioner to make up her mind and submit her report to the Committee for Privileges. The committee’s only responsibility is to decide whether it accepts the report. As far as I can see, nothing has been suggested about the facts of the matter on which she reported which can be shown to be wrong. In the recondite speeches we have heard on the subject of procedure—

--- Later in debate ---

[The Senior Deputy Speaker]

I am being told that I could give an answer but I am advised that it is not a matter for me to refer to. In his comments on 20 May 2009, the noble Lord, Lord Lester, took the issue of the European courts into consideration in looking at the case and appeals of the four Members accused of taking money from the Sunday Times. It is good to look at that.

As I mentioned, other committee members said that we cannot criticise the independent commissioner. She followed the procedures set down by this House and kept under review by the committees of this House, not least the sub-committees. I invite the House to reflect on why we have an independent commissioner. We have one to build public trust in the House as an institution and because one of the principles of natural justice is having an impartial decision-maker. The House deliberately delegated active investigation and assessment to an independent commissioner; it would be wholly wrong for the House to seek now to substitute the commissioner’s conclusions with its own.

[Lord Butler of Brockwell (CB)]

My Lords, is that not the whole purpose of this debate? We are here to reach a judgment on the commissioner’s report.