Committee on Standards: Members’ Code of Conduct Review

Ruth Cadbury Excerpts

Thursday 3rd February 2022 Commons Chamber

[Chris Bryant]

I am very upset with the hon. Gentleman, because he said that I had written some books but he did not say “some very good books, which are available in all good bookshops.” However, I declare my interest, Madam Deputy Speaker, before I am reported to myself.

There is a serious point here. I think that voters are well equipped to make decisions about this. It does not quite work equally between marginal constituencies and what are considered to be safe constituencies, but, speaking for myself, I think it would be odd if we were to say that MPs should not be allowed to write. The written word is as important as the spoken word when it comes to pursuing the things that we all believe in. If the House feels differently, however, I will stop writing books. [Hon. Members: “No, no!”] We are not having a Division on that, Madam Deputy Speaker.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

There is a difference, surely, between declaring when one is doing something or has an outside interest, and the activity or interest being banned. There needs to be a clear distinction between those two.

[Chris Bryant]

This is what I return to. For me, the key issue is the conflict of interests. If you are pursuing a financial interest when you speak in the Chamber, or when you are talking to Ministers, or when you are in the corridors of power lobbying people, that is wrong. It is immoral, it demeans our political democracy, and it is rightly banned. The question is whether the public can come to a clear understanding of how you are operating as an MP, and whether you have resolved any conflict of interests in the interests of the public.



I want to say something about rules and principles. I know that some colleagues have reacted adversely to our suggestion of the inclusion of a new principle of respect—incidentally, I suspect that we may change “respect” to “respectfulness”—but let me be clear: we are adamant that while the Nolan principles of honesty, leadership, selflessness and so on are important and aspirational, the commissioner can only investigate a breach of the rules, not a breach of a principle. For instance, it would be impossible for her to investigate an alleged failure to be selfless enough. It would be equally invidious and bonkers for her to investigate a failure to show enough respect, which is why we are not proposing that she should be able to do so. We will make this abundantly clear in the next report that we produce.

We are not proposing that the commissioner would be able to investigate words said in the Chamber. That is solely a matter for Mr Speaker, or the Chair, and for nobody else. Yes, there are rules about our conduct. Bullying is wrong, and in a workplace such as this, which is hierarchical—I would say overly hierarchical—we forget too easily the power we have. However, what we say in the Chamber is a matter for the Chair, and for nobody else.

My final point is about appeals. We do have a form of appeal at the moment. If the commissioner finds that a Member has committed a serious breach of the rules, the Member can appeal that decision to the Standards Committee. However, it is my firm conviction—I am not sure that the Committee is quite there yet, but it is my personal conviction—that we should go further and create a formal appeal process, with established grounds for appeal on both the finding and the sanction. Sir Ernest Ryder, who formerly ran the tribunals service in England and Wales, is working on that for us at the moment, and I hope he will be able to lay out a firm set of proposals in this area by Easter.

I think that the former Leader of the House, the right hon. Member for South Northamptonshire (Dame Andrea Leadsom), who is in her place, is quite right to say that we need more alignment between Independent Complaints and Grievance Scheme cases and non-ICGS cases, but I would be reluctant to hive off all cases to the independent expert panel. The Standards Committee’s combination of lay members and Members works. She set it up, it works and I would not abandon it. When we get it right, as I think we did on Owen Paterson, we enhance the reputation of the House.

--- Later in debate ---

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

It is a pleasure and an honour to speak after such experienced Members: the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) and my hon. Friend the Member for Rhondda (Chris Bryant). I particularly thank my hon. Friend for the work he has done on chairing the Committee on Standards, and I thank the Members and his officers for this excellent report. I also thank my hon. Friend for the clarity and common sense that he has brought to the issue of standards in politics in numerous media interviews, as the issue of the conduct of MPs has had such prominence over the past few months. I do wonder, though, whether he has been taken off the Christmas card list of certain Government Ministers.

Anyone who saw the testimony of Ian Hislop at the Standards Committee last week would have seen at first-hand the labyrinthine nature of our existing transparency requirements, and how difficult they can be to navigate even for an experienced politics journalist let alone for members of the public. What is even more confusing is that there are standards that govern Members of this House, but not Government Ministers, and I shall pick up on that shortly.

I have stood, and been elected, in seven council elections and three parliamentary elections. At each point, when I was selected as a candidate by my party, and then on election, I had to sign up to agree to uphold the core standards expected of me by those who elected me. Eight years into my political career, in 1994, the Nolan principles of public life were established, codifying the essential behaviours expected of all in public life, and not only those elected to office. They gave us a clear set of defined principles; a defined code of conduct against which the conduct of anyone in public life can be measured and judged.

The Nolan principles were introduced at the height of sleaze—the cash-for-questions scandal, which had trapped an unpopular Prime Minister, who was facing revolt from his Back Benchers. That may sound familiar, but I have much greater faith in the integrity of John Major than I do in the current occupant of No.10. In fact, I very much doubt that the Prime Minister would be able to recite the Nolan principles, let alone stick to them.

This is about much more than our Prime Minister. The fish rots from the head and the disregard for ethics has spread across Government in the past few years. When the Prime Minister’s adviser on standards found that a member of the Government had broken the ministerial code, what did the Prime Minister do? He refused to act, whereas his predecessor, the right hon. Member for Maidenhead (Mrs May), had, when she was Prime Minister, done the opposite and sacked the right hon. Member for Witham (Priti Patel).

Over recent weeks and months, I have had an increasing number of emails from constituents who have told me that, for the first time in their life when they have travelled abroad or talked to friends and family abroad, people have lamented the decline in our political standards here in this Parliament, which is known across the world— perhaps incorrectly—as the mother of all Parliaments. Increasingly, scandal after scandal is weakening our reputation as a Parliament but also as a country across the world. Is that really global Britain in action? What we are experiencing now has happened in the past. Bad behaviour by a few politicians dragged us all down in the eyes of the public. How many doorsteps have we stood at where people say, “You’re all the same”? These scandals undermine us, undermine our Parliament and undermine our country.

The report has many excellent recommendations. I want to focus on the one raised by my hon. Friend the Member for Rhondda relating to gifts and hospitality, and the contradiction between the situation for Members—Opposition Members, Back Benchers and Committee Chairs—and that for Ministers. The Commissioner on Standards recommended that

“The Code should require Ministers who are also MPs to record in the Member’s Register the gifts, benefits and hospitality which they receive, including foreign visits, subject to the usual rules and thresholds.”

Take the hypothetical example of the gambling industry, which spends millions in engaging in lobbying all the time, including to oppose some often rather common sense reforms such as the limits on fixed odds betting terminals, which is the crack cocaine of gambling. If the gambling industry gave gifts or provided hospitality to a Back Bencher or Committee Chair, that Member would have to declare it within 28 days if it was worth more than £250, so tickets to the horseracing, with a hospitality box with food and drink, would have to be declared within 28 days. However, if the identical hospitality was provided to a Government Minister, who may well be making and signing off decisions about the gambling industry or horseracing, that gift would not have to be declared in the same way and at the same time. In the time between that and the Minister having to declare, they may push a Bill through Parliament, before the public know about the hospitality they had received.

In conclusion, MPs of all parties go into politics to make a difference, to be a voice for their constituents and to serve. I have worked across party lines on issues from the loan charge to cycling and walking, and I know that many Members across the House care deeply, but the failure to follow the rules and to clean up politics is corrosive. As the right hon. Member for Sutton Coldfield (Mr Mitchell) said, it is like battery acid sometimes. If we do not act and improve our standards, it will spread across all our politics and fuel cynicism and distrust about all of us in public life.