Code of Conduct: Consultation Debate

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William Cash

Main Page: William Cash (Conservative - Stone)

Code of Conduct: Consultation

William Cash Excerpts
Thursday 2nd December 2021

(3 years ago)

Commons Chamber
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Chris Bryant Portrait Chris Bryant
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I am not sure whether the hon. Member means a statutory footing, as in putting it in a piece of statute law. It might be a relevant change to Standing Orders. If she wants to make that recommendation to our Committee, I am sure we would listen to it.

William Cash Portrait Sir William Cash (Stone) (Con)
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On the issue of natural justice and a fair hearing, as I have said several times recently, all Members of the House, because of article 9 of the Bill of Rights 1689, are treated differently from every other citizen in the country. I welcome the consultation, but in regard to paragraphs 196, 243 and 244 of the report, will the Chairman accept that there must be full and proper consultation before any judicial figure is appointed, and therefore before his or her report comes about? Otherwise, we will have a prejudgment on the question of fairness, article 6 and all that goes with it and the issue of a fair trial with Members. The person in question must be approved by the House by resolution, and the House must not be bounced.

Chris Bryant Portrait Chris Bryant
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No, I disagree with the hon. Member. There is an issue about appeals, but it is not as simple as he would like to have us suppose. At the moment, a Member who has been found in breach of the rules by the commissioner can effectively appeal to our Committee. They can appeal on any basis whatever—no formal ground of appeal needs to be advanced. We might go to a more formal process, but that might limit a Member’s right to appeal; they might be allowed to appeal only on certain fixed grounds, as happens in most other appellate bodies. Members might think that that ended up leaving them in a worse position, rather than a better one. It is for our Committee to decide who we appoint to advise us. That is the standard way in which every Select Committee of the House works. If the person we are thinking of and are trying to secure ends up taking up the post, I am sure the hon. Member will be happy with the appointment.