Privileges and Conduct Committee

Lord Cormack Excerpts

Thursday 25th February 2016 Lords Chamber

[Lord Cormack (Con)]

I would just ask for a very small clarification from the Chairman of Committees. I may be wrong, but as I understood it, he said that if a Member on leave of absence was being investigated, it would have to be for something that he or she had done while they were not on leave of absence. But it seems to me that if a Member is on leave of absence, he or she remains a Member of your Lordships’ House. Therefore, if something that was done while that person was on leave of absence needs investigating, surely it should be open to investigation.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, I am deeply concerned by the recommendation in paragraph 7 and the explanation given for that recommendation. It seems to me that this would be a very strong incentive for Members to avoid investigation by simply retiring from your Lordships’ House. The committee should have considered instead—it will be interesting to see whether it has—either a procedure which would have introduced potential sanctions on former Members who were found to have been engaged in fraudulent or other activities, or suspension of any retirement or any right to retirement for those under investigation. I think that any member of the public reading this document would be astonished that we give people a “get out of jail free” card simply because it is more convenient for us to reduce the size of the House than to maintain the standards that we set.

--- Later in debate ---

[The Chairman of Committees]

That is absolutely right. I am very grateful for the question because further thought is being given to that precise point and I hope that it will be possible to produce a report on that matter in the very near future.

[Lord Cormack]

It may be unnecessary to say this, but the inference I drew from the comment of the Chairman of Committees was that, if somebody who was on leave of absence was suspected of an infringement, he or she could not be investigated if it happened while that person was on leave of absence, because a Member on leave of absence remains a Member of your Lordships’ House and can come back at any time. I should like clarification on that point.

[The Chairman of Committees]

This is an interesting area. The code relates only to parliamentary conduct, and that would have to be dealt with if a Member of the House wished to return.