Committee on Standards

Debate between Mark Harper and William Cash

Tuesday 16th November 2021 Commons Chamber

[Sir William Cash (Stone) (Con)]

The motion before the House should be viewed, as I have said in several debates over the last few days, from a fundamental perspective that affects all Members from all parts of the House. It is essential to review the workings of the fair trial system—the investigatory panel—created under the Labour Government in 2003 on the recommendation of the Committee on Standards itself, which consisted of six Labour members, two Liberal Democrats and only three Conservatives. This was to ensure fairness for MPs accused of misconduct in serious cases, as insisted upon by a series of high-level reports, which the House then accepted.

All those high-level reports—including the Joint Committee on Parliamentary Privilege in 1999, the Wicks report, and the 2003 Committee on Standards report, especially paragraphs 39 to 42, which set up the fair trial investigatory panel—made it clear that the fair trial requirements would only be applied in seriously contested cases, where the facts were in dispute in relation to alleged misconduct by a Member.

Appendix 2 of the third report shows that the particular case of the former Member for North Shropshire fell squarely within Standing Order No. 150(5). The Standing Order clearly states:

“The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards shall”—

I repeat “shall”—

“appoint an Investigatory Panel to assist”

the Commissioner “in establishing the facts”.

This was not done. I am astonished by how few people seem either to have read or understood this point, but it lies at the heart of the issue. No one in this House or elsewhere could say that a person was guilty or innocent, unless that panel had been set up, completed its work and reported, and that was not done in this case. Not to request, and thereby to require, the setting up of such a panel in seriously contested cases seriously impairs the principles of natural justice specifically referred to in Standing Order No. 150, affecting MPs accused of serious misconduct.

[Mr Mark Harper (Forest of Dean) (Con)]

I have listened carefully to my hon. Friend. Will he set out for the House perhaps just one example of a fact that is contested? Mr Paterson contested the interpretation of his behaviour, but I read the report in full and I did not find a single contested fact. Will he set one out for the House, please?

[Sir William Cash]

I will give my right hon. Friend one example: the question raised by Professor Elliott on the matter of public safety in relation to carcinogenic elements in ham or bacon. As I said in the previous debate on this matter, Professor Elliott recognised that in 35 years, he had never come across such a case. That is one example, but there are others.

Not to request the setting up of a panel also impairs the fundamental rules laid down by article 6—known as the fair trial provisions—of the European convention on human rights, drafted in accordance with British principles of justice in all civil and criminal cases. The failure to implement the requirement of the panel under Standing Order No. 150(5) impairs the report. The door to fairness is opened by the setting up of the panel, and for the sake of all Members of the House it was a mistake not to have done so in this case.

The failure to adhere to the clearly defined six principles of fairness for accused MPs as set out by the Joint Committee on Parliamentary Privilege in 1999 and article 6 of the European convention—including the examination of witnesses and the cross-examination of other witnesses—has adverse consequences as a precedent for Parliament itself. Not a single citizen in the land, even terrorists and criminals, is denied a fair trial under these principles of natural justice, and has the right of appeal in every court and every disciplinary tribunal. The Member in question should have been afforded the procedures under the fair trial arrangements laid down by Standing Orders because we, as Members, are exceptionally excluded from judicial review by article 9 of the Bill of Rights.

My hon. Friend the Member for South Leicestershire (Alberto Costa), who is a member of the Committee, argued convincingly that the Standing Orders must be reviewed to avoid conflicts of interest. The procedural reforms that will inevitably now have to be made need proper and full examination by the whole House, not only by the Committee on Standards, but it will be tragically too late for the former Member for North Shropshire when new reforms are properly introduced in the near future.