Notification of Arrest of Members

Patrick Grady Excerpts

Wednesday 10th February 2016 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

I note that, according to the Order Paper, the debate can continue until any hour. I am surprised that my hon. Friends have decided to go to the Burns supper rather than taking this opportunity to explain their thinking on a range of matters. However, Mr Speaker, I thank you for calling me, and I congratulate the hon. Member for Broxbourne (Mr Walker) on his work in chairing the Procedure Committee, of which I am a member. I also acknowledge the work of the predecessor Committee, which did much of the heavy lifting. We inherited that hard work, and it has led to the report that we are discussing this evening.

The inquiry and the report—which proposes a small but fairly important modernisation of the House’s proceedings—were instigated by you, Mr Speaker. This morning, there was a debate in Westminster Hall about other aspects of modernisation of our procedure, led by the hon. Member for Hackney South and Shoreditch (Meg Hillier). I hope that in due course the Committee will be able to consider some of the issues that were raised then, not least that of electronic voting.

It is clear from the report that this reform of our procedure is overdue. I agree with what the hon. Member for Broxbourne said about, in particular, the European convention on human rights and his suggestion that Members should be given no special or differential treatment. The report seeks to strike a balance between the historic rights and privileges accorded to the House and the understood modern rights of individuals, especially the right to privacy. The procedure respects both by requiring the Clerk of the House to be notified, while requiring the details of an arrest not to be made public without good reason or without the consent of the Member involved. I note in particular provision 11, which states:

“There will be no notification under any of these provisions without previous contact with the Member concerned or his or her legal representative.”

The report elaborates on that thinking by giving a bit more detail, explaining, for instance, why the practice of notification should not be abandoned entirely. That is connected largely with the historic claim of the House on the attendance of Members, but the report notes that it has never been allowed to interfere with the administration of justice.

This is a comprehensive report, which has arrived at clear conclusions. It is the work of two generations of parliamentarians, and I pay tribute again to the predecessor Committee. This Committee has reached a clear and simple consensus, and I hope that, notwithstanding some of the questions that we have just heard, the House will be able to do so as well.