Code of Conduct and Modernisation Committee

Nusrat Ghani Excerpts

Thursday 25th July 2024 Commons Chamber

[Madam Deputy Speaker (Ms Ghani)]

Before we come to the motions in the name of the Leader of the House, I remind the House, in relation to motion no. 4, of the requirement for hon. Members to declare any relevant interest or benefit that might relate to the proceedings in which they are participating.

I must draw attention to the fact that the motion on the code of conduct and guide to the rules appears on the printed Order Paper with a small error. Paragraph 2(a) of chapter 4 to the guide to the rules refers to

“advice about public policy and current affairs”,

which appears incorrectly as

“advice about public policy and public affairs.”

That has been corrected online and a corrigendum has been issued.

The motion on the Modernisation Committee will be debated with this motion. I inform the House that Mr Speaker has selected amendments (b), (c), (d) and (e) to the Modernisation Committee motion as listed on the Order Paper. I shall call Members to move their amendments formally and explain proceedings further at the appropriate time.

Standing Order No. 22C requires the Clerk of the House, as accounting officer, to set out the expected financial consequences of motions that have direct consequences of additional expenditure of at least £50,000. I should inform the House that a memorandum on the financial consequences of the Modernisation Committee motion is available in the Vote Office.

I call the Leader of the House to move the first motion, on code of conduct and guide to the rules, in the form it appears online.

[The Leader of the House of Commons (Lucy Powell)]

I beg to move,

That, with effect from 25 October 2024, paragraph 2 of Chapter 4 of the Guide to the Rules relating to the conduct of Members be amended to leave out:

“a) advice on public policy and current affairs;

b) advice in general terms about how Parliament works; and”.

[Madam Deputy Speaker]

With this we shall discuss the following:

Motion 5—Modernisation Committee—

That—

(1) There shall be a Select Committee, to be called the Modernisation Committee, to consider reforms to House of Commons procedures, standards, and working practices; and to make recommendations thereon;

(2) The Committee shall consist of not more than 14 Members, of which 4 will be the quorum of the Committee;

(3) Members shall be nominated to the Committee by a motion in the name of the Leader of the House;

(4) Unless the House otherwise orders, each Member nominated to the Committee shall continue to be a member of it for the remainder of the Parliament;

(5) The Committee shall have power to send for persons, papers and records; to sit notwithstanding any adjournment of the House; to adjourn from place to place; to report from time to time; and to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the Committee’s order of reference;

(6) That this Order be a Standing Order of the House until the end of the present Parliament.

Amendment (b) to motion 5, in paragraph (2), leave out “14” and add “18”.

Amendment (c) to motion 5, in paragraph (2), after “Members” insert—

“which shall include the chairs of the Procedure Committee, the Committee of Privileges, the Committee on Standards and the Administration Committee; the Parliamentary Commissioner for Standards may take part in proceedings of the Committee, may receive Committee papers and may give such other assistance to the Committee as may be appropriate;”.

Amendment (d) to motion 5, in paragraph (2), leave out “, of which”.

Amendment (e) to motion 5, after paragraph (4) insert—

“() The Committee—

(a) when it announces an inquiry, shall consider relevant reports from the Procedure Committee, the Committee of Privileges, the Committee on Standards and the Administration Committee and shall invite those Committees to report on the issues within the terms of reference of the inquiry;

(b) shall not consider matters that fall within the functions of the House of Commons Commission, as set out in the House of Commons (Administration) Act 1978; and

(c) shall seek the views of the Speaker on matters within its order of reference;

() The recommendations of the Committee shall be subject to a motion in the name of the Leader of the House;”.

[Lucy Powell]

Thank you very much, Madam Deputy Speaker. I congratulate you on your election as Chairman of Ways and Means. I look forward to working with you in the coming weeks.

Over the past two weeks, it has been fantastic to watch so many new Members hit the ground running in representing their constituents, and it has been a pleasure to see returning Members resume their business, bringing their considerable experience and wisdom to the Chamber.

This new Parliament offers a chance to turn the page after the sorry and sordid record of the last. We face a crisis of trust in politics, politicians and Parliament. As we know, it is a great privilege to sit in this House: to be an MP represents an opportunity to change the country for the better. Underpinning that privilege is a set of solemn responsibilities. Chief among them is the responsibility that we all have to embody the highest standards of public service. Those standards are articulated in the seven principles of public life, which apply to all those who operate in public life and that inspire and inform the code of conduct for MPs. It is perfectly reasonable for a constituent to expect that when they cast their vote in a general election, their candidate will be sent to this House to serve them, not themselves. An MP’s first priority, therefore, must be to their constituents, and the rules of this House must reflect that obligation.

This Government were elected with a mandate for change and the Prime Minister pledged to return us to a politics of service. Today, we take our first steps to deliver that. In line with the Government’s manifesto commitment, I am proposing a tightening of the rules on second jobs for Members of this House in the first instance. Under current arrangements, Members must not provide, or agree to provide, paid parliamentary advice. They must also not undertake services as a parliamentary strategist, adviser or consultant. The rule prohibits Members from advising, in return for payment, outside organisations or persons on, for example, how they may lobby or otherwise influence the work of Parliament. However, the guide to the rules contains exemptions. The exemptions mean that advice on public policy in current affairs, and advice in general terms about how Parliament works, are not considered parliamentary advice.

--- Later in debate ---

[Richard Tice (Boston and Skegness) (Reform)]

My hon. Friend the Member for Ashfield (Lee Anderson) has just made a very good case, and has asked you a specific question: is it fair? From your lack of reply, I think it is implicit that you agree that it is not fair. You have it in your power to change that, as a matter of fairness and of listening to smaller parties. If you do not agree with that, I think constituents all over the country will find it absolutely astonishing.

[Madam Deputy Speaker (Ms Ghani)]

Order. Will Members refrain from using the word “you”? You are speaking through the Chair.

[Lucy Powell]

What is fair is that this House is made up of Members of Parliament who are elected by their constituencies, and Select Committees or Sub-Committees are made up of proportions of those Members. That is fair, and it has always been the case. As an incoming Government with a clear mandate for change—a clear mandate to rebuild trust in politics and restore respect for Parliament—and with a very large majority in the House, we could have proceeded without trying to take the House with us, not setting up a Committee but simply tabling various motions on a diktat basis, but I did not want to take that approach. I wanted to take the House with us and to represent Parliament as a whole—all parties and all Committees. That is why I commit myself again to enabling the smaller parties to have regular, meaningful engagement with the Modernisation Committee on issues of particular concern to them.

--- Later in debate ---

[Chris Philp]

My right hon. Friend makes an excellent point, based on his long experience of the House. Amendment (b) does indeed address some of the points made in earlier interventions.

I would like to take this opportunity to thank the Leader of the House for the consultations we have had in the past three weeks following our appointments. She has been collegiate and constructive in our conversations, and I look forward to those conversations continuing in that spirit. But I might be permitted one very small grumble: the motion we are debating today was laid relatively late on Tuesday evening. Under the rules, it could have been laid later, so I appreciate that it was laid a little in advance, but we did not have a lot of time to discuss potential amendments between the two of us, or indeed with other parties.

I will make a request for the future. If we are considering motions that touch on these issues and seeking a cross-party approach, it would be really helpful to have some more time so as to be able to hold discussions between the Leader of the House, me and other parties to see whether we can improve the motions. I know that we have discussed this in general terms, but it is only when we see the detail of the motion in black and white—for example, the one on the Modernisation Committee—that we can discuss it in proper detail. I would appreciate having a bit more time in future, so that we can discuss that between us. That might avoid the need to table amendments, and it would enshrine the consensual approach that I hope she will take.

Let me turn to motion 4, which is listed on page 7 of today’s Order Paper under “Business of the Day”. As the Leader of the House has said, the motion removes two exemptions that exist in paragraph 2 of chapter 4 of the guide to the rules, which means that Members will not be able to be paid for providing advice on public policy or current affairs, or general advice about how Parliament works. That is a broadly reasonable proposition that we are happy to support.

I have two questions asking for clarification, which perhaps she will address in her summing up. First, if a Member is pursuing a paid activity that is not specifically to do with offering advice of the kind mentioned—for example, they might be a lawyer or doing work with a trade union on a paid basis—and the thrust of the work is not to do with that sort of activity, but they briefly undertake activity that might fall into the definition, how would the Leader of the House view that? Is there an absolute and complete prohibition, or is there some sort of materiality test that she would expect the Standards Commissioner to apply? It would be useful if she could provide clarification from the Dispatch Box.

My second question was raised by a colleague. On occasion, Members may be paid for a party political position or a trade union position, in the course of which they might give advice. To give a specific example, it has been the case in the past that the chairman of the Conservative Party has been paid not as a Minister, but by the Conservative party. Would the new rule preclude that person, or indeed someone being paid by a trade union—probably on the Labour side—from offering the Conservative party or a trade union advice on public policy matters? I would be grateful if the Leader of the House could shed some light on how she envisages that working. Broadly, however, we support the changes and will not be opposing them—in the new spirit of cross-party working, which we are nervously embracing.

For complete clarity, it is worth mentioning that there is a third exemption in the rules that the Leader of the House did not refer to: limb (c) of the relevant provision, which is contained in paragraph 2 of chapter 4. Limb (c) allows Members of Parliament to be paid for making media appearances, journalism, writing books, and delivering public lectures and speeches. For the sake of complete clarity, it is worth saying that the motion before us does not make any changes to that third limb—the Leader of the House will tell me if I have got this wrong—so Members will continue to be able to be paid for those activities. She might just confirm that, but it seems a fairly clear consequence of the fact that only limbs (a) and (b) are being deleted, and not limb (c).

I will now move on to motion 5, on the Modernisation Committee, which appears on page 7 of the Order Paper. In principle, the Opposition will work constructively with the Leader of the House and her colleagues to achieve some of the objectives that she set out in her speech—we have no objection to the principle of the new Committee. Of course, we want to ensure that whatever proposals it brings forward are carefully scrutinised.

On holding the Government to account, there are lots of things about the way this House operates that are very important for Opposition parties big and small, but also for Back Benchers, including Government Back Benchers. I am sure that Labour Members have heard a bit about private Members’ Bills, which provide a really good opportunity for Back Benchers on both sides of the House to bring forward what are typically quite specific Bills to bring about a change that the Government might not have time to legislate for. Back Benchers can bring forward a Bill to do something that is important to them, and I think we all want to ensure that is protected.

Similarly, the Backbench Business Committee sets out the business for Thursdays. Government and Opposition Back Benchers can go before the Committee and organise a debate on a particular topic, which I did as a Back Bencher a few years ago. It is a really good way of making sure that an issue that matters to Back Benchers gets aired not in Westminster Hall or on the Committee corridor, but right here in the Chamber. I remember organising a debate on the persecution of Christians around the world, which would not necessarily have been debated on the Floor of the House; using that mechanism, it was debated.

Westminster Hall also provides a great opportunity to raise issues of concern to a Member or their constituency. Opposition day debates are very important as well, because they offer Opposition Members a chance to hold the Government to account. There are a whole load of areas that we want to ensure are protected for Government and Opposition Back Benchers, and for Opposition parties big and small. I am sure that it is not the Leader of the House’s intention to undermine the effectiveness of the existing mechanisms, but if they are considered by the Modernisation Committee, we will collectively need to ensure that the rights of Back-Bench Members of Parliament and Opposition parties are properly protected.

I want to speak to the amendments tabled in my name and those of my right hon. Friends, and I hope that the Leader of the House can offer some assurances that go beyond those she has given already. If she is able to offer such assurances, I will not move the amendments, but if her assurances are insufficiently robust, I will move the amendments and we will vote on them. I should tell Members that, typically, business of the House like this is not whipped. We will not be whipping Conservative Members, who are free to vote according to their conscience. I hope the Government are adopting the same approach and allowing Government Back Benchers to exercise their conscience. It is a long-standing tradition that the business of the House, which this is, is not whipped. We are each voting on the motion as individual Members of Parliament and not, I hope, according to a party political direction handed out by the Whips Office. That is the approach we are taking, and I hope it is the approach the Government are taking as well.

To be clear, the purpose of the amendments is not to impede or frustrate in any way the objectives that the Leader of the House set out in her speech, which we accept. In principle, we support them and will work constructively with her and her colleagues, but some concerns have been raised by my colleagues—some of whom may speak later—who have previously served on some of the Committees, such as the Committee on Standards. In the last Parliament, the Committee on Standards was chaired by the former Member for Peckham, Harriet Harman. She was the Mother of the House, and a very distinguished and highly respected Member for many years. The Committee has done a lot of work in this area, and it is quite complicated. The way that the standards regime operates is not straightforward, and the questions are complicated. When Harriet Harman chaired the Committee, she spent a lot of time thinking about this issue and published the report to which the Leader of the House referred.

Various existing Committees are relevant here, particularly the Procedure Committee, the Privileges Committee, the Standards Committee and the Administration Committee. They are all important Committees of the House and have all done important work in this area. They are all elected by the House, and at least one of them, the Standards Committee, has external members—I think one of them is a retired chief constable. The Committees have an element of independence, and I am concerned that the establishment of the Modernisation Committee might replace, cut across or in some way supersede or impede the work of the other House Committees, which are highly independent.

With the amendments, I have tried to make a couple of things clear, so I am looking for explicit assurances from the Leader of the House on the following points. The first assurance that I am looking for is that if the Modernisation Committee is going to consider a particular matter, it will consider all the previous work done by the four Committees that I have mentioned—the Procedure, Privileges, Standards and Administration Committees—and will commission the relevant underlying Committee to do a fresh report on the matter in hand and report up to the Modernisation Committee. I think that is what the Leader of the House has in mind, and it is what she said to me privately, if I understood her correctly, but I would be grateful if she could be explicit and make it clear on the record that that is how she intends it to work.

The second important assurance is that the views of the Speaker will always be sought and fully taken into account on matters that are relevant to the work of the Committee. The Speaker is elected by all of us— unanimously, as it happened—and his views and the views of the Deputy Speakers are important.

The third assurance is that matters that would ordinarily fall to the House of Commons Commission will not be usurped, as it were, by the Committee. The Leader of the House said to me previously that the functions of the House of Commons Commission are not defined, but they are in the House of Commons (Administration) Act 1978.

In amendments (b) and (c), I propose that the Chairs of the Procedure, Privileges, Standards and Administration Committees be added to the Committee so that it has 18 members rather than 14. That would make sure that there is an opportunity for a smaller party to serve in that capacity and that the expertise of those Chairs comes directly to the Committee.

In addition, I propose that the Parliamentary Commissioner for Standards attends the Committee. They would not be a member, because they would have to be a Member of Parliament to be a member of a Select Committee, but an attendee or an observer, so that the commissioner could offer his or her opinion on the matters before the Committee, receive papers, and give other assistance as required.

All those amendments are designed to ensure that the existing Committees are properly taken into account and involved, and that their voice is heard, because they are important Committees with a lot of experience. If someone looks at some of these issues at first blush, such as second jobs, they might think that they are quite straightforward, but often they are not. There are all kinds of questions about people who have family businesses or a farm, or people who practise medicine or are doctors, that require careful thought. I do not want the work that has been done previously and that will be done in future to be lost.

I am asking the Leader of the House to give explicit assurances. In her opening speech, she gave general assurances that those Committees have a vital role, and that the Modernisation Committee would draw heavily on their work and not duplicate what they do, but I am asking for the specific assurances that I have just set out. If she can give all those assurances, or a substantial amount of them, I will not move the amendments, because I want to proceed in a spirit of cross-party harmony if at all possible. The Opposition stand ready to work constructively on these issues to ensure that Parliament’s reputation remains the highest of any Parliament anywhere in the world.

[Madam Deputy Speaker (Ms Ghani)]

Harmony is in all of our gift.