House of Lords (Expulsion and Suspension) Bill

Peter Bone Excerpts

Friday 6th March 2015 Commons Chamber

[Sir George Young (North West Hampshire) (Con)]

I am grateful to my hon. Friend the Member for Christchurch (Mr Chope) for the reasonable way in which he moved his amendment. As he said, we had a one-hour discussion on this group of amendments last Friday, but we did not focus enormously on amendment 6. It is a serious amendment and I hope to be able to address his concerns. I was heartened by one thing he said last Friday, namely:

“I am sure the Bill will get on to the statute book before the end of this Parliament.”—[Official Report, 27 February 2015; Vol. 593, c. 644.]

That remains my ambition.

I hope I can allay my hon. Friend’s concerns about the scenario he outlined. First, as in the House of Lords, so in the House of Commons: Members can be judged for a breach of conduct only according to the code of conduct that was enforced at the time the alleged offence occurred. That is natural justice, so the code of conduct could not be tweaked in order to catch something that happened before the code was changed and then say that it was an offence. I agree with my hon. Friend that that would not be right. The Standing Orders and code of conduct specifically say that it has to be a breach of the code at the time the offence was committed.

I also assure my hon. Friend that the Bill does not amend the code of conduct as to what sort of behaviour is considered to be a breach. The only thing the Bill does is change the penalty that can be applied in the case of a breach. As far as I know, there are no plans immediately to review the code of conduct, although it is kept under review from time to time and brought up to date. The impact of the Bill is simply to change the penalties that apply to a breach of the existing code of conduct.

My hon. Friend is, I think, worried about the gap between the new Standing Orders coming into effect and the Bill receiving Royal Assent. Again, perhaps I can give him an assurance on that. If one looks at the Standing Orders that were activated by the last relevant Act, namely the House of Lords Reform Act 2014, one will see that they were accepted by the relevant Committees in June and adopted by the upper House in July following Royal Assent on 14 May. That gives an idea of the speed with which the Standing Orders can be changed and brought into effect without any long interval.

If one were to make an informed guess as to when the Bill might get Royal Assent, it would be that it might, at the very earliest, be next week, though that would be slightly unusual. It is more likely to be towards the end of this particular Session. It would then not come into effect until three months thereafter, which will be in June. Following our exchange in Committee, I made some inquiries. I would expect work to start on the necessary Standing Orders as soon as possible and that they would certainly be completed by the summer recess, but hopefully before that.

The window that my hon. Friend is worried about is a very narrow window indeed. Given what I said right at the beginning about not retrospectively judging people by a new code of conduct, I very much hope he will agree with that.

[Mr Peter Bone (Wellingborough) (Con)]

I understand entirely what my right hon. Friend is saying, but why is there any danger in accepting the amendment?

[Sir George Young]

I do not think that the amendment is necessary. Some of the concerns expressed by my hon. Friend the Member for Christchurch do not arise. He was worried that the code of conduct could be changed and then find someone guilty, but that cannot happen under the existing code. Moreover, when we went around this course before, the Standing Orders were changed soon afterwards. The key thing, however, is that peers already know what is right and what is wrong under the code of conduct. We are not changing the code of conduct; all we are changing is the penalties. I do not see how the scenario my hon. Friend outlined could arise, because the question of conduct is wholly unchanged by the Bill and, indeed, by his amendment. We are just giving the other House some additional sanctions, which it wants in order to deal with conduct and extend the period of suspension beyond the lifetime of a Parliament. My hon. Friend conceded that that was logical. We are also giving it the ultimate power of expulsion for behaviour that is beyond the pale. Again, that cannot be applied retrospectively under clause 4.

--- Later in debate ---

[Joseph Johnson]

The application of the power is wisely, in the Government’s opinion, left to the judgment and discretion of the House of Lords. Amendments 13 and 15 would require “public knowledge” to be further defined. The Government consider that that would be likely to lead to more difficulties than leaving it in broad terms. The Bill allows for

“the opinion of the House of Lords”

to be given so that each case may be taken on its own merits, rather than attempting to fix the phrase “public knowledge” as a legal concept.

[Mr Bone]

There is just one point that I am trying to grasp. If somebody committed misconduct in the past, but it was not in the public realm, the sanction against them under the Bill—that is, the possibility of expulsion—would be different from the sanction they would have faced if the conduct had been known about at the time. That does seem to be retrospective.

[Joseph Johnson]

There is a limited ground there.

Without primary legislation, the House of Lords cannot override the right of individual peers to receive a writ of summons. That would encroach on the Lords position as a self-regulating Chamber and could have other unintended consequences for parliamentary privilege, in that the courts could be asked to judge on the exercise of the powers.

To answer the question from my hon. Friend the Member for Wellingborough (Mr Bone), the Government support the retrospective application of both the Bill’s sanctions because the House of Lords already has the power to sanction a Member who is found guilty of misconduct as part of its inherent power to preserve honour and decency. Therefore, a peer who engaged in misconduct before the Bill came into force would have known that their actions had consequences. Although the power currently extends only to the ability to suspend a peer, it would seem extremely odd if the Bill allowed more serious past conduct to go unpunished or to be sanctioned less severely than it could be under the Bill. The public will expect misconduct that comes to light after the Bill comes into force to be dealt with, particularly the most serious misconduct.

On the final point that my hon. Friend the Member for Christchurch raised, given that there is considerable support for the Bill in the House of Lords, it can be expected that the Standing Orders that will give effect to the provisions will be passed swiftly after the Act comes into force. It therefore makes little practical difference whether the powers are dated from the coming into force of the Act or the coming into force of the Standing Orders. The Government therefore do not support any of the amendments in the group.