Conduct Committee

Lord Oates Excerpts

Tuesday 20th April 2021 Lords Chamber

[Lord Oates (LD)]

My Lords, I will also not trespass on the House’s time for too long, because the principal arguments have been made, from both sides, by far more accomplished advocates than I could hope to be. But I want to underline a few specific points.

I accept that the rule may pose difficulties for some individual Members. We heard, for example, from the noble and learned Lord, Lord Goldsmith, for whom I have a huge amount of respect and on whose committee I have the privilege to serve, about some of these difficulties. Notwithstanding those, the essence of this matter is simple, to my mind: it is whether the public interest should prevail over private interests; whether the manifest public interest in transparency regarding the relationships that legislators choose to have with foreign Governments trumps the private professional interest that individual Members may have in the confidentiality of their relationships with such clients.

We have heard much this afternoon about the obligation on lawyers to protect client confidentiality. With respect to noble Lords who have deployed those arguments, including my noble friend Lord Marks, they do not seem relevant. The Conduct Committee report does not interfere in the duties that lawyers or anyone else owes their clients, nor do I suspect that the committee has the power to interfere, even if it wanted to. No lawyer or other professional is required to break any of their obligations under the proposals of the committee. Members of the House of Lords who choose to represent foreign Governments will be required to seek the agreement of a prospective client to transparency, in advance of taking on that client. If the prospective client is unwilling to agree to such transparency, the Peer then has a choice: whether to represent that client or whether their role as a legislator takes precedence, in which they case they will decline to act.

Many of us make choices in our professional life that are very different from the choices that we would make if we were not legislators. That is absolutely right. As soon as we become legislators, our primary obligation has to be to the public interest. From time to time, that may well curtail our private interests. If, at any time, we determine that our other interests need to take precedence, for whatever reason, we have the option of withdrawing from the House for a period of time via leave of absence, as I did a couple of years ago.

What we cannot do, with all due respect to Boris Johnson, is to think that we can have our cake and eat it. As recent events have served only to underline, transparency is essential to the health of a democracy. It is particularly important when it comes to the relationships that its legislators have with foreign powers. The public rightly demand that transparency. The Intelligence and Security Committee has recommended it specifically for this House, and reason and good governance require it. As we have heard, the Intelligence and Security Committee proposes that we should go further and disclose payments from all employment sources. I support the principles behind the amendment of the noble Lord, Lord Balfe. My reticence is only that it would delay this report being adopted. I will certainly support such a Motion if it comes back to us.

It may be that, on occasion, the obligation imposed by the Conduct Committee proves commercially disadvantageous to some Members, but that cannot be our concern. In determining this matter, our concern must solely be with the public interest. In endorsing this report without amendment, we will show that that is exactly where it is.