Code of Conduct

Robert Syms Excerpts

Monday 12th March 2012 Commons Chamber

[Mr Charles Walker (Broxbourne) (Con)]

It is a great pleasure to follow the right hon. Member for Rother Valley (Mr Barron). Let me begin by paying tribute to the work of his Committee and the Parliamentary Commissioner for Standards. A great deal of thought has gone into their review, and much of what is suggested makes perfect sense. However, my amendment seeks to address and limit the no doubt well-intentioned recommendation that will allow the commissioner to broaden his remit into investigating and adjudicating on Members’ conduct in their wider private and personal lives. I believe that that proposed intrusion into Members’ private and personal lives is a step too far, and I am worried about where it may lead the commissioner and the House if left unamended.

Justifying an extension of the commissioner’s powers, the Committee states on page 11 of its report, paragraph 2, that

“The Code does not seek to regulate the conduct of Members in their purely private and personal lives or in the wider conduct of their public lives unless such conduct significantly damages the reputation and integrity of the House of Commons as a whole or of its Members generally.”

If deconstructed, however, that statement, far from limiting the new powers of the commissioner in the area of Members’ private and personal lives, gives him almost unlimited scope to investigate any action committed in this space on the basis that it is potentially damaging to the reputation of Parliament and its Members. A less generous, but accurate, interpretation of paragraph 2, page 11, would read as follows: “The code will seek to regulate the conduct of Members of Parliament in their purely private and personal lives, if it is the view of the commissioner and the Committee that their actions could be deemed significantly to damage the reputation and integrity of the House of Commons as a whole, or of its Members generally.”

I worry about where this new activism by the commissioner might lead. Over the weekend, I racked my brain to try and imagine scenarios in Members’ private lives that would trigger the interest of the commissioner, and I could only come up with two topics: the bedroom and the bottle. In common with most people, these are the two weaknesses that seem most likely to compromise Members of Parliament in their private lives.

On page 24 of the report, the commissioner argues that his interest is warranted on the basis that

“a Member of Parliament 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 dispute that view. Despite living in his constituency full-time, the Member of Parliament for Broxbourne—namely, myself—is, on occasion, most certainly off duty, and be assured, Mr Deputy Speaker, if I were not off duty on occasions, I would slowly, but surely, go mad. Perhaps that point has already been reached.

[Mr Robert Syms (Poole) (Con)]

I find it refreshing that the commissioner thinks we are never off duty. I wonder whether that will be reflected in the Senior Salaries Review Body review of our salaries.

[Mr Walker]

My hon. Friend is leading me into territory into which I should not stray in this debate.

--- Later in debate ---

[Mr Walker]

The example given was fraud, and it was also extraordinarily tortuous.

The Leader of the House, whom I do not often pray in aid of my arguments—as he knows—has been here for 40 years and he cannot think of anything in that time that would have required this power to have been exercised. We in this place are brilliant at inventing new misdemeanours and crimes as sticks with which to beat ourselves.

[Mr Syms]

My hon. Friend talked about bed and the bottle. I have never been asked to go on a billionaire’s yacht, although it is something that one would perhaps look forward to, but some Members of this House do stay with important people when on holiday. Does he think that this proposal will give another hand to those who want MPs to have to declare where they are going on holiday?

[Mr Walker]

My hon. Friend leads me into the final part of my speech. Let us be clear that however well intentioned the power the commissioner is seeking, it will mean that Members’ private and personal lives will be in the ambit of investigation. Their actions will be scrutinised by the commissioner and a subjective view will be taken of whether or not those actions could cause significant damage to the reputation of the House. Every sexual peccadillo, domestic dispute or unguarded cross word would lead to tabloid calls for the commissioner to take action—“Something must be done”, the headlines will cry. The commissioner argues that in the event of an undefined personal scandal, the House’s status would be diminished if it

“were unable to take action to express its disapproval and uphold its standards in such circumstances.”

In a sense, that sounds like a return, after 17 years, to “back to basics”. We know what a disaster that was; we had all these moral judgments applied to the activities of Members. The one example that my hon. Friend the Member for Mole Valley (Sir Paul Beresford) did provide would be covered by criminal law in any case, so it is not relevant to this debate.

In conclusion, I am fully aware that Members of Parliament can do bad and unethical things in their capacity as Members of Parliament, which is why these standards and the code of conduct are so important. As importantly, I am also aware that people can do silly and stupid things regardless of who they are, because none of us was born an angel or a saint. So I strongly believe that the House should confine itself to worrying about the matters that directly pertain to the job of being an elected representative, and not those that relate to general human weakness or stupidity. For that reason, I urge the House, the right hon. Member for Rother Valley, for whom I have a huge amount of time, and my hon. Friends the Members for North East Hertfordshire (Oliver Heald) and for Mole Valley, of whom I am extraordinarily fond, despite our little spat this evening, to support my amendment. On this occasion, it is time that the House recognised that the Member of Parliament for Broxbourne is arguing for the virtuous and should carry the day.