Committee on Standards

Michael Fabricant Excerpts

Wednesday 3rd November 2021 Commons Chamber

[Mr Rees-Mogg]

The right hon. Gentleman is absolutely right, and this is one of the key things that the Committee will be asked to look at, to see whether it can clarify the interpretation on the whistleblowing exemption.

Let me return to Standing Order No. 150, which appears to provide a mechanism for the investigation of contentious cases that respects natural justice, ensures that legal counsel is appointed, is appropriate for what is a quasi-judicial process, and introduces significant checks and balances into the investigation, such as the appointment of a separate member by the Speaker to act as an assessor and the right of the Member being investigated to call witnesses and be able to examine other witnesses, rather than leaving this to the discretion of the Commissioner. In a case where so many witnesses and so many Members have made their concerns known, it is unfortunate that the Commissioner did not appoint such a panel. Indeed, the Parliamentary Commissioner for Standards and the Committee on Standards have never opted to use this mechanism, despite having had many contentious cases before them.

[Michael Fabricant (Lichfield) (Con)]

Some 17 individuals have come forward saying that they wish to give oral evidence, but that was refused. Is not the point that, whether or not someone is guilty of paid advocacy, there must be justice and that justice must be seen to be done? In this case, many right-minded people would say that justice has not been seen to be done.

[Mr Rees-Mogg]

I am sure that the Committee we are setting up will want to consider the appearance of witnesses and whether that ought to be a fundamental right of people accused of serious cases—

--- Later in debate ---

[Mr Rees-Mogg]

The point is that there was this facility to set up an investigatory panel, which was not used. It would have been able to see all the witnesses that my right hon. Friend wanted.

[Michael Fabricant]

Is not the point on natural justice in this country about the ability to cross-examine witnesses? Is it not the case that written evidence is not the sort of evidence that can be cross-examined?

[Mr Rees-Mogg]

Mr Speaker, my hon. Friend has made a mini-speech very pithily.

--- Later in debate ---

[Dame Andrea Leadsom]

I am grateful to the hon. Lady. We have worked together on this for many years. I must make clear to her that the amendment is not looking at the independent complaints and grievance scheme. As I have set out, that was established under a cross-party review, and it had all the laws of natural justice taken carefully into account in its establishment.

Today’s amendment is an opportunity to review the process for fairness, natural justice and impartiality in the system that oversees Members of Parliament. The review is proposed to take place within three months from today, at which time the specific case can be brought back to the House for reconsideration.

[Michael Fabricant]

Will my right hon. Friend give way?

[Dame Andrea Leadsom]

I will just finish, because time is pressing. A colleague texted me today to say:

“Achieving change in this place is tough, but today’s amendment could lead to a standards system that is fairer for all. It is so sad that it takes a tragedy for the House to act.”

There is never a right time to act, but let us please do our best for fairness and support the amendment today.