Code of Conduct

Nigel Evans Excerpts

Monday 12th March 2012 Commons Chamber

[Sir George Young]

My right hon. and learned Friend is right. Once an inquiry has been started by the commissioner, Members are obliged to co-operate and if they do not, they will face consequences from the Committee on Standards. That paragraph would then kick in.

The commissioner has concluded that being an hon. Member is a way of life. As he put it, an hon. Member

“is never off duty. Once elected, a serving Member is likely always to be seen as a Member of Parliament, with the duties and obligations that go with that position, wherever they are and whatever they are doing.”

I personally paused at the assertion that I am never off duty, and I think my hon. Friend the Member for Broxbourne and other colleagues might have had the same reaction. I think that there are times when I am off duty. The commissioner’s conclusion is that an hon. Member’s conduct in both their private and wider public lives is excluded from the provisions of the code

“unless such conduct significantly damages the reputation and integrity of the House of Commons as a whole or of its Members generally”.

This is a very high hurdle for investigation, and that approach was endorsed by the Committee on Standards and Privileges.

The amendment, if the subject of a complaint related only to the conduct of a Member in his or her private and personal life, would have the effect of providing that it could not be investigated. I am confident that the Members who have proposed the amendment have no wish to argue that Members should be subject to special treatment that is not available to others. The issue at stake is simply whether there would ever be circumstances in which it would be appropriate for the commissioner to undertake an investigation into a matter that did not intersect at all with an hon. Member’s conduct in his or her public capacity. That is a matter for the House and each hon. Member to consider and it is not an issue on which it is appropriate for the Government to take a collective view, although I am personally sympathetic to the case made by my hon. Friend the Member for Broxbourne.

The House will also want to reflect on the offer made by the Chair of the Standards and Privileges Committee to take the House’s concern and address it in the revised guide, which, as I understand it, would leave the code unamended and insert an additional step in the process, in that the Committee would have to agree to the commissioner conducting an inquiry in this particular domain. I am sure that the House will welcome those offers and will want to reflect on them.

Another potential matter of contention is the application of the code to constituency matters. In his memorandum, the commissioner makes it clear that the way an hon. Member handles constituency business should not be adjudicable by the commissioner, and I agree. He suggests that the House would only wish to consider an instance that was

“so serious and blatant as to cause significant damage to the reputation of the House”.

I agree that it is very hard indeed to envisage these criteria being met.

On the third issue, in my submission to the review I supported proposals for redrafting the code in line with recommendations by the Committee on Standards in Public Life

“so that the House has a clear basis to take action against any Member who has abused the IPSA scheme”.

The commissioner proposed to do that by means of a provision that stated that the use of public resources may not confer a political benefit. The Committee on Standards and Privileges has suggested a change, arising from its observation that it is unrealistic to expect that parliamentary activities legitimately funded from the political purse might never confer an indirect political benefit. The new code rightly makes it clear that Members should be clear that the use of public resources must always be in support of their parliamentary duties and should not confer any undue personal or financial benefit on themselves or anyone else or confer undue advantage on a political organisation. I agree that that formulation is in line with the original proposals of the Committee on Standards in Public Life, which used the phrase “undue advantage”.

Finally, the commissioner considered and rejected a number of proposals that would involve separate rules for hon. Members who were former Ministers or who were Opposition Front Benchers. He did so on the basis of the principle that

“the Code should apply equally to all Members”.

That is a principle that I wholeheartedly support.

The second motion, as the right hon. Member for Rother Valley said, is more straightforward. It seeks the approval of the twenty-first report from the Committee on Standards and Privileges, which recommends extending the scope of registration to individual staff of all-party groups who hold passes and to transfer the onus of registration from the registered contact of the group to the staff member him or herself. As my hon. Friend the Deputy Leader of the House stated in the debate on all-party groups on 7 February last year, all-party groups can play a valuable role provided they are transparent. That measure seems sensible and does not represent an abdication of responsibility by hon. Members who are officers of all-party groups. Instead, it reflects the proper situation whereby individuals who have the benefits of being a pass holder in this place should personally accept the responsibilities that flow from that.

I look forward to the rest of the debate and to the House coming to a decision on these vexed matters.

[Mr Deputy Speaker (Mr Nigel Evans)]

Mr Walker, do you intend to press your amendment to a Division?

[Mr Charles Walker]

I would be delighted if the Government would accept it, if they could, but otherwise I would like to press it to a Division.

[Mr Barron]

With the leave of the House, Mr Deputy Speaker, before the amendment is pressed, I ask Members to remember my offer to look at the code of conduct and ensure that any commissioner—this current one or any in the future—would have to come to the House before considering any of the issues referred to in the amendment.

The current code states in paragraph 15:

“Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust and confidence in the integrity of Parliament and never undertake any action which would bring the House of Commons, or its Members generally, into disrepute.”

There is no mention in that paragraph of personal and private lives, or, indeed, of public lives, although they are mentioned in other parts of the code. The provision has never been enacted in such a way and I fear that if the House goes down the route of accepting that people’s personal and private lives are not covered by the code of conduct, that will be a step back. It seems to me that the House would be better advised to consider the genuine proposals that anybody wanting to look into someone’s private and personal life would have to come to the Committee to do so. This House should have confidence in its Members who sit on Committees and in the fact that we have an independent commissioner whom we appoint, whose terms and conditions we set and who is independent of us. It should have confidence in a Select Committee on Standards and Privileges that operates in a non-party political way that was unanimous in saying we should accept the paper before us. We certainly are not unanimous in accepting the amendment. The House should have confidence in itself that if the commissioner or the Committee ever did something wholly wrong, the House could reject that.

Let me finish by saying to hon. Members, including my hon. Friend the Member for Wallasey (Ms Eagle) on the Front Bench, who mentioned morals, that this is not about morals. I can tell the House, as the Chairman of the Committee, that if the commissioner came to me with a report about morals I would go around the Committee first before I would discuss the memorandum before us. It is not something we should do or that would be acceptable to Parliament or the general public. However, there are circumstances and occasions on which Members have gone overboard but have not been covered by the code. I genuinely think it would be wrong for us to agree to the amendment today. We can look at the guidance and these issues more widely if need be, but what is proposed would be a backward step. If the amendment is accepted the code will be weaker than the code I have in my hand. I genuinely think we should not do that.

[Mr Deputy Speaker (Mr Nigel Evans)]

Mr Walker, do you intend to press this to a vote?

[Mr Charles Walker]

I do: one’s personal and private life is one’s personal and private life.

Amendment made: (a), at end, add

‘, subject to the following amendment: After paragraph 16 of the Code, there shall be inserted the following new paragraph:

“16A. The Commissioner may not investigate a specific matter under paragraph 16 which relates only to the conduct of a Member in their private and personal lives.”.’.—(Mr Charles Walker.)

Main Question, as amended, put and agreed to.

Resolved,

That this House takes note of the Nineteenth Report of the Committee on Standards and Privileges (HC 1579), and approves the revised Code of Conduct set out in the Annex to the Report, subject to the following amendment:

After paragraph 16 of the Code, there shall be inserted the following new paragraph:

“16A. The Commissioner may not investigate a specific matter under paragraph 16 which relates only to the conduct of a Member in their private and personal lives.”.’.

All-Party Groups

Resolved,

That

(1) this House agrees with the recommendations in the Twenty-first Report of the Committee on Standards and Privileges, on Registration of Staff All-Party Groups (HC 1689); and

(2) accordingly the Resolution of the House of 17 December 1985, as amended on 10 March 1989, 29 July 1998 and 7 February 2011, relating to the registration of interests be further amended by:

(a) leaving out paragraph 3 (f); and

(b) inserting a new paragraph 4:

“Holders of permanent passes as staff of All-Party Groups be required to register:

i. any paid employment for which they receive more than 0.5 per cent. of the parliamentary salary; and

ii. any gift, benefit or hospitality they receive, if the gift, benefit or hospitality in any way relates to or arises from their work in Parliament and its value is over 0.5 per cent. of the parliamentary salary in the course of a calendar year.”.—(Mr Barron.)