Standards

Baroness Winterton of Doncaster Excerpts

Tuesday 18th October 2022 Commons Chamber

[Relevant documents: First Report of the Committee on Standards, New Code of Conduct and Guide to the Rules: promoting appropriate values, attitudes and behaviour in Parliament, HC 227; Second Report of the Committee on Standards, Code of Conduct: Procedural Protocol, HC 378; and the Government response, HC 709.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must inform the House that amendments (a) and (b) to motion 6 have been selected, and I will call Wendy Chamberlain to move them at the end of the debate.

[The Leader of the House of Commons (Penny Mordaunt)]

I beg to move,

That—

(1) this House notes the First Report from the Committee on Standards, on New Code of Conduct and Guide to the Rules: promoting appropriate values, attitudes and behaviours in Parliament (HC 227), and approves the recommendations relating to appeals and the Procedural Protocol in paragraphs 141–143, 151, 153, 155–157, 166 and 169 of that Report.

(2) this House approves the Second Report from the Committee on Standards on the Code of Conduct: Procedural Protocol (HC 378), and the Procedural Protocol in respect of the Code of Conduct annexed to that Report, with immediate effect, subject to the following amendments to the Protocol:

(a) In paragraph 6, leave out from “under the Code” to end;

(b) In paragraph 7, leave out “and the rules relating to upholding the Code (the numbered paragraphs in the Code of Conduct)”;

(c) In paragraph 16, leave out “, under rule 10 of the Code”;

(d) In paragraph 18, leave out “rule 11” and insert “paragraph 17”;

(e) In paragraph 22, leave out “rules 1 or 16 in the Code” and insert “paragraph 18 of the Code, or the provision in paragraph 21 of the Code that ‘Failure to comply with a sanction imposed by a subpanel of the Independent Expert Panel shall be treated as a breach of the Code’”;

(f) Leave out paragraph 32 and insert, “Paragraph 20 of the Code provides that ‘The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.’”

(g) Leave out paragraph 62;

(h) In paragraph 83, leave out “rule 11” and insert “paragraph 17”;

(i) In paragraph 118, after “legal or medical adviser”, insert “; and/or d) a Member’s own staff”.

(j) Leave out paragraph 126 and insert, “Paragraph 20 of the Code provides that ‘The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.’”

(3) Paragraph 20 of the Code of Conduct for Members (HC (2017-19) 1882) be amended to read as follows: “The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.”

(4) the Committee on Standards shall have power to make any minor or purely administrative changes to the Procedural Protocol in respect of the Code of Conduct, including those necessary to reflect any future decisions of the House relating to the Code of Conduct and the Guide to the Rules relating to the Conduct of Members.

(5) Chapter 4 of the Guide to the Rules relating to the Conduct of Members (HC (2017-19) 1882) shall no longer have effect

(6) previous Resolutions of this House in relation to the conduct of Members shall be read and given effect in a way which is compatible with the Procedural Protocol in respect of the Code of Conduct.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Motion 6 on Standing Orders etc. (Committee on Standards, Parliamentary Commissioner for Standards, Independent Expert Panel).

Amendment (a).

Amendment (b).

[Penny Mordaunt]

The House is being asked to consider the creation of an appeals process for non-Independent Complaints and Grievance Scheme cases to be heard by the Independent Expert Panel. The motion would introduce the formal appeals process that Sir Ernest Ryder recommended and proposes that the panel would hear appeals against the decisions and sanctions of the Committee on Standards. The motion also puts to the House the new procedural protocol, which would sit alongside the new appeals process.

I am grateful to the Committee on Standards for its work reviewing the code of conduct for Members and the overall operation of the standards system in the House of Commons. Since becoming Leader of the House, I have had some discussions with the Chair of the Committee, the hon. Member for Rhondda (Chris Bryant), who I look forward to hearing from today. I assure him and the House that the Government have carefully considered his Committee’s recommendations, alongside the procedural protocol and covering report.

I am sure that the whole House agrees that Members of Parliament must uphold the highest standards in public life and that the procedures we have in place must be fair, robust and command the respect and confidence both of Members and the wider public. I believe that today’s motion takes a positive step in the right direction.

There are other issues that are not covered in the motions today, and I plan to seek consensus on a wider package and to come back to the House in due course, but it is good to make progress on the issues as we can.

Before coming to the substance of today’s motion, I wish to briefly cover some areas in relation to the wider proposed package of changes from the Committee on Standards that we are not debating today. Let me be clear: I am very conscious that there is further progress to be made and the House should have the opportunity to consider the additional recommendations proposed by the Committee. I reassure the House and the Committee that we are seeking to identify solutions that can command cross-party support on those outstanding issues.

Specifically, the Committee made recommendations on measures to improve the transparency and timeliness of ministerial declarations. The Government are clear in their views that the rules regulating Members’ interests and ministerial interests are necessarily distinct, reflecting the underlying constitutional principle of the separation of powers. There are differences between the role of an MP and that of a Minister and, reflecting that, the rules differ on what interests are permitted and how potential conflicts of interest are managed. There are clear rules regarding the registration of interests and the receipt of gifts in the ministerial code and Ministers should, and do, take their responsibilities very seriously. Nevertheless, I recognise the concerns of the Committee. Since being appointed Leader of the House, I have raised those concerns and have instructed officials to bring forward proposals for an improved system.

I can confirm to the House that revised guidance on ministerial transparency data will be published in the coming weeks. We will also publish it on gov.uk for the first time. The guidance has been updated to more closely reflect modern working practices and Ministers’ obligations under the ministerial code.

It is important that the Government conduct ourselves openly. I will continue to work with the Cabinet Office and across Government to ensure that we are fulfilling our obligations. In doing so, I keep very much in mind the challenge set for me by the Chair of the Committee on Standards: that a Member who attends an event such as the BAFTAs should report in a particular way, so a Minister who attends the same event should report in a similar way and their interests should be transparent to the public. I hope that the House and the Committee will support these changes; I will happily engage with the Committee should they not have the desired effect. [Interruption.] For the benefit of Hansard, the Chair of the Committee chuckled knowingly.

The House will be aware that an appeals process is already in place within some aspects of the parliamentary standards system. Those who are subject to investigation under the Independent Complaints and Grievance Scheme have the right of appeal to the Independent Expert Panel, which is chaired by the former High Court judge Sir Stephen Irwin. The ICGS and the IEP have been an essential part of achieving positive culture change in the House and demonstrating its rigorous judicial process, its transparency of operation and the right to appeal.

The Government have therefore welcomed Sir Ernest Ryder’s report and his timely review of the Commons standards system and its compatibility with the principles of fairness and natural justice. As we set out in a letter to the Committee on Standards, the Government supported the majority of the proposals, including the introduction of a formal appeals process. We note that the Committee has accepted all the recommendations, with a few minor modifications. I welcome the proposal that appeals be heard by an independent body with judicial expertise. We also welcome Sir Ernest’s consideration of the grounds for appeal and the acceptance that the Independent Expert Panel is the appropriate body to hear appeals.

We propose two main amendments to the procedural protocol. First, we propose to amend paragraph 118 to allow MPs to inform their own staff in the event that they are subject to investigation by the Parliamentary Commissioner for Standards. Secondly, we propose to leave out paragraph 62 on Members recusing themselves if not present for all but a “small proportion” of evidence sessions. These amendments reflect the Government’s position, as set out in our response to the Committee; I hope that the House and the Committee will support them. The other proposed amendments are purely technical changes to ensure that the protocol works with the current version of the rules and guide.

I wish to speak briefly about amendments (a) and (b) in the name of the hon. Member for North East Fife (Wendy Chamberlain) and others. The amendments stipulate that

“no Member shall be eligible to participate in any division on such a motion where it relates to their own conduct.”

That stipulation would apply both to conduct motions related to breaches of the code of conduct and to motions related to the ICGS. This is, of course, a matter for the House to consider. I note that the Committee on Standards chose not to pursue the issue in detail as part of the inquiry.

I am aware that the Chair of the Procedure Committee, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), has raised the issue of Members being permitted to vote on their own suspension. My predecessor wrote in response to her that there would be benefit in the Committee’s looking into whether such changes are needed. If necessary, they could be put to the House for consideration. Hon. Members will be aware that there is a convention that Members should not participate in such votes. In our parliamentary democracy, conventions guide how we work in this place, and codification of these norms should be carefully considered; I would therefore welcome it if the matter were considered by the appropriate Committee. Subject to its approval, the Government would be happy to bring the matter back to the Floor of the House for approval in due course.

If there is no objection from the Chair of the Committee on Standards or from other hon. Members present, I would certainly be content to support these amendments.

--- Later in debate ---

[Wendy Chamberlain (North East Fife) (LD)]

I rise today to speak in favour of the two amendments on the Order Paper in my name. I will confine my comments to those amendment, but first I want to echo the expressions of thanks to the Standards Committee and its Chair, the hon. Member for Rhondda (Chris Bryant), for their work. I also offer my thanks to the right hon. Member for Staffordshire Moorlands (Karen Bradley), the Chair of the Procedure Committee, who met me earlier this year in relation to this issue. I am grateful to her and her Clerks for giving me their time.

As has been highlighted by both the Leader of the House and the shadow Leader of the House, my amendments make a straightforward change to what happens when the House votes on a motion to sanction a Member for their conduct. At the moment, a Member in that situation can vote on their own censure. Some of us might think that would never actually happen after an independent investigation has found a Member not only responsible for breaking the code of conduct but responsible for such an egregious breach that their privileges as a Member of this place should be curtailed as a result. We would like to think that there would be a sober reflection and making of amends in that situation but, sadly, we know that is not always the case.

It is less than a year since the censure of the former Member for North Shropshire. In those two votes, the former Member voted against his own suspension. As a result, I secured a Standing Order No. 24 emergency debate on standards, as an opportunity for the House to begin repairing the potential damage that affects us all in this place when such things happen.

It might be the former police officer in me—I have mentioned being a former police officer a few times today, as I spoke in the debate on the Public Order Bill—but it infuriates me that a Member can vote on their own suspension. It puzzles me, too. Surely, with the million rules and conventions in this place about what we can and cannot do, it should not have been allowed.

I had a look and spoke to the Clerks, who are much appreciated by all of us as a fount of knowledge. I found that, yes, there is a convention that, although Members can speak at the start of a debate on their conduct, the expectation is that they should subsequently withdraw, with the implication being that they should not return for the vote. There is a further convention that a Member can lodge a motion objecting to another Member’s participation in a vote in which they have a financial interest in the outcome, but I think you would agree, Madam Deputy Speaker, that this is cumbersome and basically impossible with the rate of business and the number of MPs that we now have in this House.

Importantly, they are both currently conventions, not rules. Simply put, conventions last only as long as people choose to adhere to them. When people do not, it reflects on all of us. The Conservative party potentially had the most mud stuck to them as a result of what happened last year, but this is House business and it reflects on all of us to ensure that we uphold standards in this place.

My two amendments amend the Standing Orders to make these two conventions a rule. Members will not be able to vote on sanctions relating to proven breaches of the code of conduct by themselves. It is worth noting that the vast majority of cases considered by the Standards Commissioner are either not upheld or are rectified without further action, but there are always MPs under investigation, and I suspect there always will be. Although it has nothing to do with those individuals, it is important that we as a House are seen to be acting accordingly.

Where cases are more serious and there is a report to the Standards Committee, and where all the appropriate procedures, including those set down in the motion itself, have been followed and the recommendations reach the Floor of the House, we must ensure that due process is done and, most importantly, seen to be done.

Ironically, it was during Parliament Week last year that we saw the situation that the shadow Leader of the House mentioned, and it is almost Parliament Week again. When I talk to my constituents, they ask me about working here, fairness and transparency, and I genuinely think this is the best job I have ever had. It is an enormous privilege, and I think the vast majority of Members agree and want to act accordingly.

I want to be able to tell my constituents, and I feel very encouraged that I will be able to do so, that we have taken a long, good look at ourselves and that the vast majority of us who want to maintain those high standards and hold the respect of the people we serve did something to make things better.

I am keen that this is not seen to be a party political issue, and the hon. Members for Batley and Spen (Kim Leadbeater), for Brighton, Pavilion (Caroline Lucas), for Rutland and Melton (Alicia Kearns) and for Lancaster and Fleetwood (Cat Smith), and the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), all put their names to the amendments. For that reason, I hope very much that I will not need to press them to a vote. If there is an objection, I intend to do so this evening.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Committee on Standards, Chris Bryant.