House of Lords Conduct Committee: Code of Conduct Review

Lord Evans of Weardale Excerpts

Tuesday 8th October 2024 Grand Committee

[Lord Evans of Weardale (CB)]

My Lords, I am grateful for the opportunity to contribute to this debate. I should declare that I am the former chair of the Committee on Standards in Public Life.

The Committee on Standards in Public Life is the custodian, so to speak, of the Nolan principles—the Seven Principles of Public Life—to which the noble Baronesses, Lady Donaghy and Lady Manningham-Buller, have already referred. When Lord Nolan drew up his seminal report on public standards, he envisaged that the principles would stand at the apex of the system but would not stand alone and would not be justiciable. He envisaged that there would also be two other key parts: first, codes of conduct, which we are discussing today, in order to read down those overarching principles into the particular circumstances of different institutions; and, secondly, training and an opportunity for people to learn and consider what standards meant in their particular environments. It seems to me that that model of how standards should operate has stood the test of time.

One of the privileges of being in that job as chairman of the Committee on Standards in Public Life is that one got exposure to a very large number of different organisations and the way they approach these problems. We took evidence from government, Parliament, the private sector, charities and other organisations. Of course, the issues are different in different parts of the system, although one of the things that I was struck by was that the seven principles seemed to command considerable support even, for instance, from people in the corporate sector. They took notice of them and an interest in them and in how we applied them in public life, so we have something there that we can be proud of. I was also struck that quite often there would be delegations from a variety of countries coming to talk to the UK about the way in which standards issues were managed here. You might say from a purely UK perspective that that was slightly surprising if you read the papers at the time that I was chairman. Respect for public standards was not the most evident aspect of what was going on, but nevertheless we have traditionally had quite a strong reputation in this area.

Of all the areas that we looked at, the most difficult was Parliament. I say that for two reasons. The first is the immense complexity of the arrangements in Parliament at both ends, and of the systems, some of which are specific to particular Houses, some of which are common across Parliament. The interplay between them takes a considerable amount of detailed work to understand. I remember spending a lot of time talking to all the relevant stakeholders to try to work out how the bullying aspects, the conduct aspects and so on relate to each other, so I strongly support the suggestion that there should be greater clarity. However, I do not underestimate how difficult it is to achieve that clarity, partly because it is much easier in an environment in which everybody is an employee and you can set a policy and say that if you do not like it, you can leave. That does not apply in political life or in your Lordships’ House.

The Code of Conduct in the Lords in some ways bears even more weight and does more work than is the case in the Commons. The reason I say that is that ultimately in the Commons there is a political price to pay for individuals who breach public standards. Partygate and the many other scandals that we saw over recent years led in due course to a political price, but Members of your Lordships’ House do not have that electoral jeopardy if they breach standards in a way that the public would find unacceptable. Therefore, it is particularly important that the Code of Conduct here should be as effective as it possibly can be. It is also particularly complicated because of the fact that Members of the House are not on a salary, and in that sense what is and is not acceptable in terms of payment for various aspects of individuals’ lives is difficult, and some of the complexities in the Code of Conduct reflect that. I suspect that, looked at from the outside, most people in the street would find the system perplexing. Certainly, the postbag that I used to receive when I was in that role suggested quite low levels of confidence that standards were being appropriately upheld in Parliament—probably more critical than the reality, so there is an issue of reputation and an issue of credibility that is an important part of the work that is currently in hand in the Conduct Committee.

Certainly, from my perspective, the Code of Conduct needs to do two things. It needs appropriately to regulate the business of the House so that we can be confident in the integrity of the way in which Members approach their responsibilities in the House, but it also needs to protect the House’s reputation and project the integrity of the House to a very sceptical public. Without that, our role, and the role of the House in general, is undermined.

Against that background—I have submitted specific evidence in writing—I highlight two things. The first is that I support a clause that suggests that anybody who undermines the reputation of the House is breaching the Code of Conduct. I recognise that there are those who feel that that is overreach, and I hear that, but it is completely normal in many environments for that to be included. If you look at the way in which the professional bodies look at their responsibilities today in the regulated professions, the question of who is a fit and proper person is taken into consideration.

I declare an interest as a member of the board of the KPMG Anglo-Swiss partnership. The regulator for audit looks at the way in which audit is done but also takes at least a glance at whether individual auditors are fit and proper people to take on that trusted role as an auditor. I find it difficult to understand why we would not expect a similar approach to those who are taking on the trusted role as a member of a parliamentary body. I believe that there should be a clause in respect of reputation, and that in doing so, we are not over- reaching; we are doing what is actually quite widespread in many organisations. If you looked at the concerns that certainly I have seen expressed about Parliament, you would see that people do not understand why things are so different now. In many ways they need to be different, but in a number of other ways they are different without needing to be so.

I have a second suggestion. I realise that in suggesting this I am tilting at windmills, but I will tilt anyway. I personally believe that—

[Lord Forsyth of Drumlean (Con)]

On this point about the reputation of Parliament, which is obviously very important, what is the noble Lord’s view on former chairmen of the Committee on Standards in Public Life who appear regularly in the media to provide a commentary about how dreadful standards are? Is that not far more damaging than anything any individual would do?

[Lord Evans of Weardale (CB)]

I do not want to comment on my predecessors in the role, but I point out that I have not appeared myself in the media to comment on that, despite many invitations. Rather similarly to the people who run the security service, it is probably better to shut up and go. Although predecessors in the committee take their own judgments on these things, it does not seem to me that opining on matters about which you have no current knowledge is necessarily a wise approach. But that is a matter for myself.

My second point, my windmill, was that I personally do not think that the phrase “acting upon personal honour” is very helpful. As the noble Lord, Lord Forsyth, said, things have changed a bit. Although we in the House of Lords understand what we mean by that, almost anybody looking at it from the outside would roll their eyes and say, “What on earth is that about?” I realise that we have definitions which are derived from it, all of which I think I support. Nevertheless, the use of the phrase, despite the fact that it is time-hallowed, is difficult reputationally to present. It suggests an approach to standards which is not actually the one that we see. There has been very considerable progress on the way in which standards issues are tackled in your Lordships’ House, but I do not think that that is the way in which it would be perceived through use of language which I think would be widely misunderstood.