Committee on Standards: Members’ Code of Conduct Review — House of Commons, 2022-02-03
Topic: Government Operations
Jacob William Rees-Mogg (Conservative, Centre-right): I am grateful to the hon. Member for Rhondda (Chris Bryant) and the Committee on Standards for their assiduous work in conducting a review of the Members’ code of conduct. I am pleased to participate in today’s debate, and I agree with the shadow Leader of the House, the hon. Member for Bristol West (Thangam Debbonaire), that it has been of very high quality, featuring many important contributions from across the House. I hope that it will be viewed as part of the evidence collected through the consultation process The hon. Member for Rhondda gave a good account of the complex issues that the Committee has had cause to consider in its review. The code of conduct for MPs rightly remains a matter for Parliament and, as we have said before, it is for the House of Commons to take forward any work on these issues on a cross-party basis. The Government will provide a response in due course on matters relating to the Executive and wider Government policy, but in the meantime I should like to make the following points The Government believe that, as public office holders, Members of Parliament have a duty to act in accordance with the seven principles of public life. These ethical principles form the foundation of the members’ code of conduct, and their value lies in the fact that they are applied consistently and commonly to all holders of public office, including Ministers. It is the fact that they are applied universally that gives these principles strength and meaning. I believe that we should maintain a consistent set of principles rather than tinkering with these commonly understood standards The Committee has also recommended that an additional principle of "respect" be added to the code of conduct. It is my view that adjustments of this kind, which would undermine the universality of the principles of public life, are undesirable. As drafted, the parliamentary behaviour code strikes the right balance between ensuring that all members of the parliamentary community and visitors to this place are treated with "dignity, courtesy and respect", and ensuring that different views can be freely exchanged in debate, and Members can fulfil their constitutional duty of representing their constituents As for the scope of the code and the potential for consideration of public complaints about the use of social media by Members, the Government believe that in the course of debate, whether online or in person, the views of all participants can be freely expressed and treated with tolerance. It is important to distinguish between strongly felt political debate on the one hand, and unlawful acts of abuse, intimidation and violence that seek to suppress free speech on the other We therefore do not support further strictures in this regard within the code. Such changes would risk undermining the fundamental principles of our constitution, or unduly limit the ability of Members to express their views. However, I would note that there is also a role for political parties in this area. The Government response to the report from the Committee on Standards in Public Life on tackling intimidation in public life asserted that each political party should put in place its own individual, tailored code of conduct, which should set out the standards of behaviour expected of its members and representatives. All the political parties represented in the House of Commons now have their own codes of conduct The Standards Committee has also looked at the existing rules on the registration and declaration of interests to ensure that they are clear and up to date. The Government see merit in several of those proposals, but at this stage I simply observe that the rules regulating the interests of Members and Ministers are necessarily distinct. The separation of powers is a fundamental constitutional principle and it remains the Government’s view that benefits received by Ministers in their ministerial capacity should not form part of the Members’ register I will give an example. In the unlikely event that I were made Minister for Sport—it is unlikely because this speech has been cleared by Downing Street, which did not question the thought that it was—I would see it as a great privilege to go to a test match at Lord’s. I would also receive many other invitations, however, and I am afraid to say that it would be more of a duty to go to the FA cup final, even though many other Members may think that a great privilege. So what Ministers do may be duty rather than pleasure, whereas Members do not have to accept invitations in that sphere, or certainly not normally.