Point of Order

Baroness Winterton of Doncaster Excerpts

Wednesday 12th May 2021 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

On a point of order, Madam Deputy Speaker. Earlier this week, the Parliamentary Commissioner for Standards published the names of nine Members currently under investigation for breaches of the code of conduct. Their names were published along with the allegations made against them. She was able to do that following a motion passed by the House on 21 April amending Standing Order No. 150. This was brought before the House as part of a package of changes, which passed after a very brief debate, without a vote.

This is a very serious matter. A finding of a breach of the code of conduct can destroy reputations, end careers and, in effect, end the working lives of the individuals concerned. Perhaps most importantly, it can have a devastating effect on their families. Yet under the commissioner’s amended power she is able to publish the allegations without the individuals being able to defend themselves or respond publicly. Those who claim that Members can defend themselves are wrong—I have had access to legal advice on the matter.

Paragraph 17 of the report by the Committee on Standards requires any Member’s proposed statement in response to be subject to approval by the commissioner; in effect, this is the prosecutor being given the right of veto over the defence. This situation allows information to be issued under the power of privilege of this House, which can then be used by others to attack the reputation of hon. Members without them having the right—the ability—to freely defend themselves. That defies natural justice.

If any one of my constituents were to face such a procedure, I would be raising hell on their behalf. I imagine other Members would do the same for their constituents. It cannot be right that we do not allow to Members of Parliament the same rights that we would fight for for our constituents here in the mother of Parliaments, particularly today, on the 80th anniversary of its destruction by an authoritarian powers. This situation also allows the political weaponisation of a process that is supposed to be fair and just. It is, in my view, in complete defiance of natural justice and accordingly contrary to access to justice under the European convention on human rights.

I would be grateful, Madam Deputy Speaker, if you let the House know whether Speaker’s counsel has asked for an opinion on compliance with the convention before the vote was put to the Commons, and if not—and it is perfectly proper if not—please can such an opinion be requested, to guide the Committee and the House to ensure that Members’ rights are not trampled? I have been party on a number of occasions to the defeat of the British Government in the European Court of Human Rights. I would hate to see the same happen to this Parliament.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am grateful to the right hon. Gentleman for giving me notice of his point of order. He is right to state that on 21 April the House endorsed the recommendations of the Committee on Standards, which included a recommendation that the commissioner should have authority to publish a list of non-independent complaints and grievance scheme investigations, returning the situation to that before 19 July 2018.

The right hon. Gentleman is also correct that the process endorsed by the House contains a provision in some circumstances for a rebuttal to be issued, but that the wording of any such rebuttal requires the approval of the commissioner. The Committee’s deliberations on the report and the advice taken are a matter for the Committee, not for me or the Speaker. As the House has endorsed the process we are discussing, it is also not for me to comment on the right hon. Gentleman’s criticisms of it. However, he has put his views on the record and he might wish to pursue the issues he has raised with the Committee itself.

[Chris Bryant (Rhondda) (Lab)]

Further to that point of order, Madam Deputy Speaker. I want to be helpful to the House on this point, and I have already had a private conversation with the right hon. Member for Haltemprice and Howden (Mr Davis) about this. The Committee on Standards will obviously consider the matter that he has already raised. I am absolutely clear in my mind, and I am sure the Committee is, both that the commissioner was granted the power to do this by the House—indeed, was required by the House to do this, in returning to the situation that existed before July 2018—and, even more importantly, that the Committee will always consider every single instance that comes before us on an entirely impartial basis, so as to secure justice and fairness for every single Member of this House.

[Madam Deputy Speaker]

I thank the Chair of the Committee for that clarification and suggest that we now move on.

Bills Presented

Advanced Research and Invention Agency Bill

Presentation and resumption of proceedings (Standing Order No. 80A)

Secretary Kwasi Kwarteng, supported by the Prime Minister, the Chancellor of the Exchequer, Secretary Matt Hancock, Secretary Oliver Dowden, Secretary Ben Wallace, Secretary Grant Shapps and Amanda Solloway, presented a Bill to make provision for and in connection with the establishment of the Advanced Research and Invention Agency.

Bill read the First and Second time without Question put (Standing Order No. 80A and Order, 23 March); to be considered tomorrow, and to be printed (Bill 1) with explanatory notes (Bill 1-EN).

Armed Forces Bill

Presentation and resumption of proceedings (Standing Order No. 80A)

Secretary Ben Wallace, supported by the Prime Minister, Secretary Priti Patel, Secretary Brandon Lewis, Secretary Alister Jack, Secretary Simon Hart and the Attorney General, presented a Bill to continue the Armed Forces Act 2006; to amend that Act and other enactments relating to the armed forces; to make provision about service in the reserve forces; to make provision about pardons for certain abolished service offences; to make provision about war pensions; and for connected purposes.

Bill read the First and Second time without Question put, and stood committed (Standing Order No. 80A and Order, 8 February); to be printed (Bill 2) with explanatory notes (Bill 2-EN).

Environment Bill

Presentation and resumption of proceedings (Standing Order No. 80A)

Secretary George Eustice, supported by the Chancellor of the Exchequer, Michael Gove, Alok Sharma, Secretary Kwasi Kwarteng, Secretary Robert Jenrick, Secretary Grant Shapps, Secretary Brandon Lewis, Secretary Alister Jack, Secretary Simon Hart and Rebecca Pow, presented a Bill to make provision about targets, plans and policies for improving the natural environment; for statements and reports about environmental protection; for the Office for Environmental Protection; about waste and resource efficiency; about air quality; for the recall of products that fail to meet environmental standards; about water; about nature and biodiversity; for conservation covenants; about the regulation of chemicals; and for connected purposes.

Bill read the First and Second time without Question put (Standing Order No. 80A and Order, 26 January); to be considered tomorrow, and to be printed (Bill 3) with explanatory notes (Bill 3-EN).

Finance Bill

Presentation and resumption of proceedings (Standing Order No. 80B)

The Chancellor of the Exchequer, supported by the Chairman of Ways and Means, the Prime Minister, Secretary Kwasi Kwarteng, Secretary Thérèse Coffey, Secretary Robert Jenrick, Secretary Oliver Dowden, Steve Barclay, Jesse Norman, John Glen and Kemi Badenoch, presented a Bill to grant certain duties, to alter other duties, and to amend the law relating to the national debt and the public revenue, and to make further provision in connection with finance.

Bill read the First and Second time without Question put (Standing Order No. 80B and Order, 13 April); to be considered tomorrow, and to be printed (Bill 4) with explanatory notes (Bill 4-EN).

Police, Crime, Sentencing and Courts Bill

Presentation and resumption of proceedings (Standing Order No. 80A)

Secretary Robert Buckland, supported by the Prime Minister, the Chancellor of the Exchequer, Secretary Priti Patel, Secretary Grant Shapps, Secretary Oliver Dowden, the Attorney General, Victoria Atkins and Chris Philp, presented a Bill to make provision about the police and other emergency workers; to make provision about collaboration between authorities to prevent and reduce serious violence; to make provision about offensive weapons homicide reviews; to make provision for new offences and for the modification of existing offences; to make provision about the powers of the police and other authorities for the purposes of preventing, detecting, investigating or prosecuting crime or investigating other matters; to make provision about the maintenance of public order; to make provision about the removal, storage and disposal of vehicles; to make provision in connection with driving offences; to make provision about cautions; to make provision about bail and remand; to make provision about sentencing, detention, release, management and rehabilitation of offenders; to make provision about secure 16 to 19 Academies; to make provision for and in connection with procedures before courts and tribunals; and for connected purposes.

Bill read the First and Second time without Question put, and stood committed to a Public Bill Committee (Standing Order No. 80A and Order, 16 March); to be printed (Bill 5) with explanatory notes (Bill 5-EN).

Telecommunications (Security) Bill

Presentation and resumption of proceedings (Standing Order No. 80A)

Matt Warman, supported by the Chancellor of the Exchequer, Secretary Dominic Raab, Secretary Priti Patel, Michael Gove and Secretary Kwasi Kwarteng, presented a Bill to make provision about the security of public electronic communications networks and public electronic communications services.

Bill read the First and Second time without Question put (Standing Order No. 80A and Order, 30 November); to be considered tomorrow, and to be printed (Bill 6) with explanatory notes (Bill 6-EN).

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Brandon Lewis, supported by the Prime Minister, Michael Gove, Secretary Alister Jack, Secretary Simon Hart and Robin Walker, presented a Bill to make provision about Ministerial appointments, extraordinary Assembly elections, the Ministerial Code of Conduct and petitions of concern in Northern Ireland.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 7) with explanatory notes (Bill 7-EN).

Dissolution and Calling of Parliament Bill

Presentation and First Reading (Standing Order No. 57)

Michael Gove, supported by the Prime Minister, Secretary Robert Buckland, Steve Barclay, Mr Jacob Rees-Mogg, Mark Spencer, the Attorney General and Chloe Smith, presented a Bill to make provision about the dissolution and calling of Parliament, including provision for the repeal of the Fixed-term Parliaments Act 2011; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 8) with explanatory notes (Bill 8-EN).

Compensation (London Capital & Finance plc and Fraud Compensation Fund) Bill

Presentation and First Reading (Standing Order No. 57)

John Glen, supported by the Prime Minister, the Chancellor of the Exchequer, Secretary Thérèse Coffey, Guy Opperman, Steve Barclay, Jesse Norman and Kemi Badenoch, presented a Bill to provide for the payment out of money provided by Parliament of expenditure incurred by the Treasury for, or in connection with, the payment of compensation to customers of London Capital & Finance plc; provide for the making of loans to the Board of the Pension Protection Fund for the purposes of its fraud compensation functions; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 9) with explanatory notes (Bill 9-EN).

National Insurance Contributions Bill

Presentation and First Reading (Standing Order No. 57)

The Chancellor of the Exchequer, supported by the Prime Minister, Secretary Ben Wallace, Secretary Kwasi Kwarteng, Secretary Elizabeth Truss, Steve Barclay, Jesse Norman, John Glen and Kemi Badenoch, presented a Bill to make provision in relation to national insurance contributions.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 10) with explanatory notes (Bill 10-EN).

Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Robert Jenrick, supported by the Prime Minister, the Chancellor of the Exchequer, Michael Gove, Secretary Kwasi Kwarteng, Jesse Norman, Paul Scully and Luke Hall, presented a Bill to make provision about matters attributable to coronavirus that may not be taken account of in making certain determinations for the purposes of non-domestic rating; and to make provision in connection with the disqualification of directors of companies that are dissolved without becoming insolvent.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 11) with explanatory notes (Bill 11-EN).

Higher Education (Freedom of Speech) Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Gavin Williamson, supported by the Prime Minister, the Chancellor of the Exchequer, Secretary Dominic Raab, Secretary Priti Patel, Michael Gove, Secretary Robert Buckland, Secretary Kwasi Kwarteng, Secretary Oliver Dowden and Michelle Donelan, presented a Bill to make provision in relation to freedom of speech and academic freedom in higher education institutions and in students’ unions; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 12) with explanatory notes (Bill 12-EN).