Privileges Committee Special Report

Baroness Winterton of Doncaster Excerpts

Monday 10th July 2023 Commons Chamber

[Sir Jacob Rees-Mogg]

I was pointing out that, from a reading of paragraph 15, what I said is seen as part of a sustained attempt to undermine and challenge the impartiality of the Chairman in the very debate in which, under paragraph 8, we are allowed to make criticisms once the report has been brought to the House. It is a very odd footnote at the very least, and unclear about what it is trying to achieve.

The problem with the Chairman’s position was that it undermined the whole validity of the Committee, because it is well known that if a body comes to a conclusion, with one person on it whose partiality is questionable, the whole process is then nullified and needs to start again. There is also, as we know, currently an investigation into my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin), but that was not known during the course of the Committee’s deliberations. Therefore, nobody could raise that as a question of impugning his integrity until, as I understand it, the report was completed. There may have raised questions and there may have been valid questions to raise, but they were certainly not raised by me or by any others.

Let us delve into the details of the report. It bases its privilege claims on “Erskine May”, but I have a nasty feeling that the Committee read just the headline of “Erskine May” without reading the relevant footnotes and examining the Commons Journal to see what they refer to. I have done that, with considerable help from the Library and the Journal Office. Footnotes 5 and 6 of the report point to “Erskine May”, 25th edition, paragraph 15.14. That paragraph has 35 further footnotes. The House may be relieved to know that I will not go through them all, because many are irrelevant to the report.

The footnotes deal with matters such as assaulting Members en route to Parliament, which is deemed a breach a privilege—one that seems to happen most days to some, but never mind. It is a breach of privilege of great antiquity that the Committee seems unconcerned about. The footnotes deal with reflections on the Lord Chancellor or allegations of corruption—none of that applies. However, notes 4, 7, 21, 22, 26 and 27 are worth looking at. Note 4 concerns “insulting or abusive language”. The first example cited comes from 1646. We are making a claim for privilege based on a time when this House was at war. And what was it? The claim was that one Francis Godolphin—a turncoat who had been ruling on the Isles of Scilly—should not in future be criticised because he now supports the House of Commons. The House of Commons was protecting one of its own in a time of war. That is hardly the greatest precedent for Committee members not being able to withstand a little criticism today.

In 1660, there was rudeness in the Lobby—an outsider was rude to a Member in the Lobby, and Members were very shocked. In 1877, Dr Kenealy was rude to another Member in the Lobby and was forced to apologise. Likewise, in 1887, Dr Tanner was rude to another Member in the Lobby. On that occasion, the motion of censure was withdrawn. There is a clear precedent, I accept, that we are not allowed to be rude to fellow Members in the Lobby. I was very careful throughout this whole process—had I done other, there would have been grounds for complaint—not to talk to any members of the Committee about what was in front of their Committee. That, it seems to me, would have been improper and private lobbying that should not take place. I was careful, as I say, not to do that, in spite of the fact that inevitably I met one or two of the Conservative members on many occasions during this process. That seems to me to be covered in broad terms by what is set out in footnote 4.

We come now to footnote 7. Footnote 7 is why I think the Committee did not bother reading the footnotes, because—if this is not my proudest achievement in Parliament, I do not know what is—I have actually discovered a mistake in “Erskine May”. I see the Clerks at the Table almost swooning with horror at that thought. I thank the Commons Journal Office for pointing this out. The footnote quotes the 1862-63 Journal; it is in fact the 1863-64 Journal when a Mr Reed was summoned to apologise to the House for writing a rude letter to a Member of Parliament. Madam Deputy Speaker, what a pity the Privileges Committee has not got on to that! Just think how busy it would be if it looked into every rude letter sent to a Member of Parliament by a constituent. Perhaps it should have done a rolling report, with powers accrued to itself to do that. I might have one or two I could send in myself. One or two remainers write to me in the most excoriating terms, but I am afraid I have always taken that as part of the flotsam and jetsam of political life.

If we go to 1890, a Mr Atkinson was suspended for seven days for offending the Speaker, both on the Floor of the House and in correspondence. Epistolary offence was given to Mr Speaker. That is a much more serious matter—surely, Madam Deputy Speaker, you would agree with this—than it is to argue with a member of a Committee, or indeed even the Chairman of a Committee. In 1781, the wonderfully named Theophilus Swift was called to the Bar and had to apologise for causing offence, and a couple of duels were claimed by Members against Members. In 1845, Mr Somers, the Member for Sligo, challenged Mr Roebuck, the Member for Bath; and in 1862, a rude letter was sent to Sir Robert Peel by The O’Donoghue, the MP for Tipperary. These were considered to be great breaches of privilege, though only apologies were required—no further sanction. There was a challenge from Mr O’Kelly, who apologised to Mr McCoan for another duel.

A Mr France was admonished at the Bar in 1874 for being rude about the Chairman of a Committee, but in 1968-69 it was deemed that criticising the impartiality of the Chairman of a Sub-Committee was not contempt of Parliament, when it was thought the issue faced by the Chairman of the said Sub-Committee was one where he had a constituency interest and therefore could not be impartial. So I would say—it is unlike me to be such a modernist—that the more modern precedent is on the side of being able to challenge the position of a Chairman of a Committee.

In 1900, there was a letter written by a non-Member about a Select Committee on Government contracting being partial. It was deemed a breach and motions were put, but what did the House decide? The House decided not to vote in favour of the motion, or on the amendment to the motion, but that it now proceed with the business of the day. Once again the House in recent centuries, let alone decades, has become less and less prissy about this type of privilege, because it risks ridicule when it stands upon its honour in this way.

In 1901 and 1926, there were arguments with the Daily Mail—some things never change. It was suggested that the editor of the Daily Mail be brought to the Bar of the House. I believe the Bar is the gift of Jamaica. If we pull it out—which we are not meant to do, because it usually has a sign on it when the House is not sitting saying, “Please do not touch”, although I confess I have pulled it out and it is very interesting to see—it says it is the gift of Jamaica. The editor of the Daily Mail was not called in. In 1901 he said that had a Member of Parliament criticised him outside of the House in the way he had been criticised in the House, he would have sued for libel. That was deemed to be threatening, but he was not called in.

Perhaps my favourite case is from 1880. It is a very interesting case. A certain Mr Plimsoll put out a leaflet to the electors of Westminster wherein he said that Sir Charles Russell, the Member of Parliament for Westminster, had used a parliamentary tactic to stop a vote on a Bill. Some of us who come on Fridays—I am looking to catch the eye of my hon. Friend the Member for Christchurch (Sir Christopher Chope)—may think that using tactical efforts to stop Bills is not such a bad thing altogether, but Mr Plimsoll took offence at it and put out a rude leaflet. This was brought to the attention of the House, and the House voted:

“That, in the opinion of this House, the conduct of the honourable Member for Derby in publishing printed placards denouncing the part taken by two honourable Members of this House in the proceedings of the House was calculated to interfere with the due discharge of the duties of a Member of this House and is a breach of its Privileges:—But this House, having regard to the withdrawal by the honourable Member for Derby of the expressions to which the honourable Member for Westminster has drawn its attention, is of opinion that no further action on its part is necessary.”—[Official Report, 20 February 1880; Vol. 250, c. 1114.]

I wonder whether hon. Members have worked out what the Bill was that Mr Plimsoll was bringing forward, for which he had to apologise to the House—a precedent quoted indirectly by this report, favourably. Mr Plimsoll was trying to get a Bill through to put the Plimsoll line on ships to save hundreds of lives, and this House criticised him for breach of privilege.

We should be very wary of standing on our dignity, because this House is the cockpit of freedom of speech. It is where democracy must run. When we try to silence people because they say things that we do not like, we risk looking ridiculous.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Committee of Privileges.

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[Mark Jenkinson]

On a point of order, Madam Deputy Speaker. I fear that the right hon. and learned Lady may have just inadvertently misled the House by suggesting that I called the Committee a “witch hunt”. There was no reference to the Committee, and the four-part Twitter thread is quite clear that it was not in relation to the Committee or its investigations. I wonder how I might seek redress on this matter.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for that point of order. I do not know whether he was here at the beginning but, if he was and if he wishes to speak later, he can catch my eye. He has already made his point, and I think the right hon. and learned Member is addressing that point.

[Ms Harman]

Thank you, Madam Deputy Speaker. If the hon. Member for Workington (Mark Jenkinson) is saying that he does not believe the Privileges Committee’s inquiry into Boris Johnson was a witch hunt, I warmly welcome the fact that he has said so. I thank him for putting it on the record that he does not believe our inquiry was a witch hunt.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I have not called the hon. Gentleman to make a point of order. If the right hon. and learned Member does not want to give way, which is her right, it is detrimental to the debate if Members who cannot get their own way then make a point of order.

[Michael Fabricant]

But I am making a point of order.

[Madam Deputy Speaker]

Make your point of order.

[Michael Fabricant]

My point of order is that it is also discourteous to partly quote something, actually. And what it clearly—

[Madam Deputy Speaker]

Order. The hon. Gentleman must resume his seat. That is not a point of order. He is addressing it directly to the right hon. and learned Lady, not to me. No more of that, thank you.

[Ms Harman]

Thank you, Madam Deputy Speaker. If the hon. Member for Lichfield (Michael Fabricant) wants to say that he does not believe the Committee was motivated by malice and prejudice, we would warmly welcome that correction.

Our special report makes it clear that it is not acceptable for a Member of this House who does not want a particular outcome to seek, by pressure or lobbying, to influence the Committee’s decision. The House, by supporting this motion tonight, will be making it clear that, in such an inquiry, the Committee’s responsibility is to gather the evidence, and that it is the evidence that must prevail. That is the only basis on which a decision should be made. Members must not try to wreck the process by pressing Committee members to resign.

If members of the Committee are not prepared to undertake such inquiries, the House would have no protection from those who mislead it. I have nothing but admiration for my colleagues on the Privileges Committee, particularly the Conservative Members. Despite the pressure they were subjected to, they were unflinching. They came to each of our more than 30 meetings and persisted to the conclusion of the inquiry with a complete and total focus, which was a credit to the House. They gathered the evidence, analysed it and based their decision on it, exactly in the way that the House requires them to. That was then put to the House.

By supporting this motion tonight, the House will be making it clear that when it appoints members to the Committee, those members will have the support of the House to carry out their work. They are doing a worthy thing by serving on the Privileges Committee.

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

The initial Privileges Committee investigation into the former Prime Minister, the then Member for Uxbridge and South Ruislip, has set a clear and fundamental precedent. If a Prime Minister deliberately misleads this House and, by extension, the public, there will be consequences. I put on record my thanks to the hon. and right hon. Members who served on the Privileges Committee. Considering the weighty matter of whether a former Prime Minister misled the House was clearly a significant task, and it is regrettable that, as the report outlines, the actions of some hon. and right hon. Members made the task harder for Members serving on the Committee. As we have heard, that was not without personal consequences for those Members.

As the Leader of the House pointed out in her opening remarks, there are ways and means of raising issues of privilege. We should remember that the investigation had its genesis in a motion that was passed in this House without Division; not a single Member named in the report voted against the motion. Not only is the Committee cross party, but it has a Conservative majority. It is worth pointing out that there is no Liberal Democrat on the Committee, but I accept as an individual MP that the current process involves a cross-party group of MPs, and they are trusted by this House to investigate with impartiality and to make their findings available for consideration by the House. Those recommendations are then to be approved or rejected by this House. Had Boris Johnson been suspended from Parliament for more than 10 days and chosen to remain an MP, it would have been up to the people of Uxbridge to determine whether they wanted to re-elect him as their MP. Members from all parts of the House must make it clear that we will not tolerate attempts to undermine or attack the vitally important work of this Committee.

We were promised integrity, accountability and professionalism at all levels of government, and I have to note, like the shadow Leader of the House, the hon. Member for Bristol West (Thangam Debbonaire), the current Prime Minister’s steadfast refusal to declare where he stands on this issue, let alone to engage with the substantive content of this report and the previous one. That is an abdication of his duty not only as Prime Minister but as an individual MP. It is unfortunate.

The hon. Member for Wallasey (Dame Angela Eagle) said she was pleased that the report was not amended, but there is a sign of weakness from the Government, where they have said “no, thank you” to the offer in the Privileges Committee’s report. It stated:

“It will be for the House to consider what further action, if any, to take in respect of Members of the House referred to in this special report.”

I would go as far as to suggest that had the Government taken the opportunity to make some process clear following today’s report, they might have seen off some of the accusations of lack of due process that we have heard today from Members named in the report and those supporting them. Today should have served as an opportunity to set another precedent and to make it clear that there are consequences for those who seek to obstruct the important work of a cross-party, independent Committee. It is a shame that the Government have not done so. That is why I tabled my amendment.

I accept that my amendment has not been selected, but the clear route forward would have been for the Committee to consider whether contempt had been committed and to return a verdict and, if necessary, a sanction. As the right hon. Member for Witham (Priti Patel) said, that could have given her an opportunity to make her case in relation to what has been reported. The same process was used for the Committee’s report into the former Prime Minister, Mr Johnson. I also point out that today’s debate does not shut the window on that opportunity. The Government could bring forward such a motion if they wished at any future point; they could bring it forward tomorrow, and I hope they do so.

This place is still suffering from the Owen Paterson decision, because that was the point where the convention of this House to accept Privileges Committee and Standards Committee reports on the nod was broken by the Government. Now is the time for a reset.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Procedure Committee.

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[Simon Baynes (Clwyd South) (Con)]

Given the hon. Member’s point about how we in this House are custodians, does he agree that a report of this nature should at least provide some evidence when it makes a statement such as

“the most disturbing examples of the co-ordinated campaign”?

As far as I can see, there is absolutely no evidence whatsoever to support that statement. If you are custodians of the House—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Gentleman knows, as happened previously with the hon. Member for Workington (Mark Jenkinson), that he must not address other Members directly. “You” means me—okay?

[Justin Madders]

There is evidence—it is in the annexes. It is pretty clear that there was a co-ordinated campaign from a Conservative organisation to lobby Committee members. If people are insisting that what is there in black and white is not what happened, we are in a very strange place indeed. We will not survive if that is how we carry on.

Our democracy is fragile and needs to be protected. It cannot be taken for granted. It has to be cherished, supported and nurtured. We are its current guardians. Sometimes, we have to accept that we have said things that we should not have said, and we have to apologise and move on. We have to accept that saying the right thing is not always easy. Sometimes, “sorry” is the hardest word to say. Sometimes, we have to accept that someone on our own side may not have met the standards that we would expect everyone to adhere to. No one should be bigger than democracy—no individual, no Government.

This place should be a force for good. It should be here to tackle injustices in all their forms. When there is an assault on the rules that govern this place—as we have seen in this report—to suit a short-term political agenda, we will all pay a much harsher price in the long term. This all about leadership. We are all required to be leaders. Our parliamentary system has relied on people behaving with honour and according to respected conventions. When a strand of political thinking does not respect the rules and does not think that constitutional road blocks are anything other than something to be driven around, the weaknesses in our current system become all too apparent. Over time, democracy will be eroded until we end up in a place where no authority is respected, no rules matter and nobody believes anything we say any more.

It will not have escaped Members’ notice that deepfake videos are becoming more commonplace. We face a huge challenge as a Parliament and a country to maintain trust in the face of that and the cesspit of social media. We need to put in the hard yards to ensure that people can believe the words that come out of our mouths—that they are ours, and true to our values and principles—and that honour still matters in this place. Attacking the institutions that uphold the veracity of what is said in here is causing an additional problem that we could do without. By God, we have enough challenges as a country without making it harder for ourselves by attacking each other over what we believe is a question of integrity.

We can do better. We can disagree without being disagreeable. Parliament should be the beacon of fair play, and an example for others both in this country and abroad of how democracy can work, how it can be a good thing and how it can change lives for the better. Despite our differences, we are not always so bound up in our own tribal disputes that we cannot agree what the truth is and, most importantly, that the truth always matters.

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[Allan Dorans]

Does the hon. Lady agree, on reflection, that to make such a statement, posted on Twitter on 21 March—

“I hope to see him fully exonerated and to put an end to this kangaroo court.”—

during a formal live investigation, ordered unanimously by this House, was at least disrespectful to the members of the Privileges Committee and potentially a contempt of this House, on whose behalf the inquiry was being conducted?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before the hon. Lady answers, I presume she did notify—

[Dame Andrea Jenkyns]

indicated assent.

[Madam Deputy Speaker]

Thank you.

[Dame Andrea Jenkyns]

I thank the hon. Member for his prepared question. I believe in freedom of speech. My tweet clearly shows the overreach of the Committee. This is an argument for the right to free speech held not just by Members of this House, but as an ancient right of every citizen of this democracy. The actions of the Committee could mark a dangerous precedent, a slippery slope. Are we, as MPs, to be sanctioned for voicing an opinion on the work of Members’ Committees or the outcomes of this place? If so, colleagues may want to consider how they vote today and what precedent they set, because they may be next. Surely an MP’s job is not only to represent their constituents but to speak truth to power, however uncomfortable that truth may be.

So, Members across the House, let us look at some facts, shall we? My crime is that I wrote a tweet in March expressing an opinion. I have not personally criticised or even spoken with any member of the Committee, or incited any action to be taken against them. I have merely relied on my rights as a Member of this House, which may go against the popular opinion held in this place. Democracy is dialogue, made richer by a range of opinions, views and values.

Six colleagues and I are named in the second report. As has been mentioned, that was not authorised by Parliament. No evidence was heard from us. The Committee makes factual errors. The Conservative Democratic Organisation does not own the Conservative Post; they are two entirely separate organisations. The Committee also lambasts three Members of the House of Lords and the press, the Conservative Post, demonstrating constitutional overreach. It grossly over-interprets what “intimidate” means. How can one tweet, in which I do not refer to any member of the Committee personally, be considered intimidation?

The Committee denounces my hon. Friend the Member for Lichfield (Michael Fabricant) for merely saying that serious questions must be asked. It has selectively targeted Members, ignoring others. My hon. Friend the Member for Isle of Wight (Bob Seely) referred on the BBC to the Committee as a kangaroo court. Now, I have nothing against Mr Seely. He is a very good MP and I have lots of respect for him, but—

[Madam Deputy Speaker]

Order. The hon. Lady knows that she cannot refer to Members by name; she needs to refer to them by constituency.

[Dame Andrea Jenkyns]

Thank you, Madam Deputy Speaker. I have nothing against him—he is a very good MP—but why has he not been included in the report?

The Committee, in my opinion, is attempting to police language and criticism. It is claiming that what has been said about it, but not to it, on TV and Twitter is an attempt to intimidate it directly. Does the Committee have an issue with the right of reply? We never got a right of reply before the report was published. Interfering with the freedom of any Member of Parliament to comment on the Committee’s work sets a dangerous and chilling precedent, not only for freedom of speech but for any work that Committees of this House do in future. MPs will not dare criticise—and if that stands, what a sad place our great House of Commons will have become. Once a great beacon of democracy and freedom, it risks being tainted by silencing those who merely speak up.

Our freedom of speech-loving Prime Minister recently appointed the first ever free speech tsar. Well, maybe he should include the House of Commons in his remit. The Leader of the House, my right hon. Friend the Member for Portsmouth North (Penny Mordaunt), said during her recent leadership bid:

“Our democracy thrives on freedom of speech”.

I completely agree. On his website, the Chief Whip, my right hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart), wrote:

“The Government and the opposition are determined to lead the world in making sure that being online in the UK is a safe place to be…somewhere that freedom of speech can thrive”.

I agree 100%, Chief.

The hon. Member for Rhondda, Sir Chris Bryant, has said—

[Madam Deputy Speaker]

Order. The hon. Lady must stop calling people by their name—that is twice now that I have had to say that. Can she assure me that she notified the Chief Whip and the hon. Member for Rhondda (Sir Chris Bryant) that she was going to mention them?

[Dame Andrea Jenkyns]

indicated assent.

[Madam Deputy Speaker]

Okay.

[Dame Andrea Jenkyns]

After the BBC cancelled an interview with the hon. Member, he wrote that

“some oligarchs’ lawyers are cracking down on free speech.”

The former leader of the Liberal Democrats, the hon. Member for Westmorland and Lonsdale (Tim Farron), commented about Gary Lineker:

“I’m sure we can count on the Free Speech Union to stand up against this hysterical act of cancellation…”.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. If hon. Members are going to refer to somebody who is not in the debate, it is probably a good idea for them to say, “and by the way, I have notified them,” so that I do not have to keep interrupting.

Again, may I remind hon. Members that they cannot refer to other Members by name? But I can, so I call Sir Michael Fabricant.