Code of Conduct

William Cash Excerpts

Monday 12th March 2012 Commons Chamber

[Mr Barron]

I have to say that I am not too sure about that, as I do not know the intent behind the amendment, which does not make things as clear as the change in the code does. It could be argued on a point of law that the action taken was not a matter for Parliament because it was a personal action. It might be a criminal action—

[Mr William Cash (Stone) (Con)]

Will the right hon. Gentleman give way?

[Mr Barron]

Wait. Under the circumstances I described, when someone was sentenced to six months in jail, according to the law and according to the current rules of this House, that individual concerned—obviously, I hope this never happens—would remain a Member because we do not have the legal provisions to get rid of him at present. That is something that we need to consider.

[Mr Cash]

We are looking at paragraph 15 of the current code of conduct and paragraph 16 of the amended code of conduct. It is curious that the wording has been changed. Paragraph 15, which is where we are at the moment and seems to me to be sensible, says:

“Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust”—

that is good—

“and confidence in the integrity of Parliament and never undertake any action which would bring the House of Commons, or its Members generally, into disrepute.”

The key is “into disrepute”, and it is well known; everyone understands it. Now, for some reason—I would be grateful if the right hon. Gentleman would be good enough to explain it—paragraph 16 says simply:

“Members shall never undertake any action which would cause significant damage to the reputation and integrity of the House of Commons as a whole, or of its Members generally”,

but leaves out the whole question of disrepute. What is the difference and why the change?

[Mr Barron]

rose—

--- Later in debate ---

[Mr Walker]

In his usual helpful way, the broad-minded Leader of the House made it clear in his response to the consultation that he was not aware of any recent cases where a Member’s conduct in their purely private and personal life had been so outrageous that the House or the general public would have wanted action to be taken against the Member. Those pushing this proposal cannot come up with any sensible examples.

The Leader of the House has been in this place for almost 40 years, but while it seems he cannot think of anything worth investigating, the commissioner clearly can. That is why he is promoting this change to the current code of conduct.

[Mr Cash]

This issue boils down to how the provisions are drafted. No one has any serious doubt about the intentions and the parameters, but problems do arise. The code states that it does not

“seek to regulate what Members do in their purely”—

I emphasise that word—“private and personal lives”, or in the conduct of their wider lives. Rule 16, however, says:

“Members shall never undertake any action which would cause significant damage.”

Therefore, on the one hand we are told the code does not seek to “regulate”, yet on the other hand we are told Members shall “never” undertake certain actions. I do not think there is any real doubt about what is intended, but I am worried about the interpretation that might be drawn if this proposal is passed. That is the problem. This is more an issue of drafting than of intention.

[Mr Walker]

I thank my hon. Friend for his intervention.

I appreciate that the Committee and the commissioner are at pains to point out that it is not their intention to create a “red top” charter. I accept that that may not be their intention, but the fact remains that real reputational threat to this place is contained in this flawed proposal.