Committee on Standards: Members’ Code of Conduct Review — House of Commons, 2022-02-03
Topic: Government Operations
Mark Peter Fletcher (Conservative, Centre-right): It is an honour to follow my right hon. Friend the Member for South Northamptonshire (Dame Andrea Leadsom), who spoke with clarity and purpose. I enjoyed her contribution. I want to place on the record my thanks to the Chair of the Standards Committee, the Clerks and the lay and parliamentary members. I serve on the Committee, although I was absent from the recent oral evidence sessions and therefore apologise. My back was spasming in a way that meant that I could neither sit down nor walk, which was not helpful I was a little disappointed that the opening remarks did not give some context to this report, which is something we have to do on a regular basis and—given the nature of the 2015-17 and 2017-19 Parliaments—is an overdue piece of work. As we have heard from various contributors, the requirements are constantly shifting and evolving, meaning that when the Standards Committee is doing its very best to solve one problem, something else can appear. I listened mindfully to the points made by my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) about the need to change culture as well as the rules and regulations. In terms of the level of interest, it is depressing, as he rightly pointed out, that there are so few participants present for a debate on an issue relevant to the governance of the whole House. I fear that the same is true of the consultation As the Chair of the Committee made clear, its members are not in unanimous agreement on many of the proposals. We agreed to put them forward, but it is important to note that our views differ. I have made my own written submission, so I will try to be as brief as possible in addressing the contents of the document On banning paid parliamentary advice, consultancy or strategy services, I think it is quite clear how we got there. The Chair of the Committee was quite kind in his comments about the reasonable definition provided by the 2018 report by the Committee on Standards in Public Life. I think that it is an entirely unworkable and deeply unhelpful suggestion. If the Leader of the House and the shadow Leader of the House will forgive me, I think that the Standards Committee has ended up in a slightly more sensible and workable position than any of the political parties have managed. That is to our credit I am disappointed that my hon. Friend the Member for South Leicestershire (Alberto Costa) is not here, but I think he would have focused on the review of processes and roles, and on the need for natural justice and fairness. I am sure that all those words would have appeared in his contribution, and we have appointed a senior judicial figure to ensure that our process is as good as possible I agree with what the Chair of the Committee said about appeals in his opening remarks, but I also think it is important to the Committee, as much as to anybody else, that we be reassured that our processes are as fair as possible. One thing I have mentioned perhaps more often than anyone else in the Committee, is the need to ensure that investigations happen swiftly and end swiftly. There are numerous reasons why that has not always happened, and this is certainly not a dig at the commissioner for her work, because she has worked through some remarkably difficult circumstances and cases. However, we must bear in mind that when a Member of this House is under investigation, it places a great strain and burden on them, and it is unfair for that process to drag on for a long period of time. I look to the Leader of the House to say that we must ensure that any resources that are required to speed up that process should be prioritised, because it is important that the investigations happen swiftly I treat some of the proposals with a bit of caution: the main one has already been referred to by the Chair of the Committee, and it relates to matters in the Chamber being referred to the commissioner. That has been widely misunderstood to mean, "If you say something that is out of line, you can now be referred to the commissioner and she will slap you down." That was absolutely not the Committee’s intention. There is a bit of wording in the report that, with the benefit of hindsight, I think we drafted poorly, but it is a matter of quite grave importance that staff members of this House are not necessarily entitled to have things referred to the ICGS or the commissioner if they happen during the proceedings of this House—in a Division, a Select Committee or elsewhere. When that proposal is explained, I think it will have widespread support, but it has been seen as an attack on freedom of speech when it is quite the opposite. I very much welcome the Chair’s comments on that front One other thing I want to mention is the feedback on written contracts. It has been pointed out to me that those who do public sector roles often sign a standard contract that has been agreed by trade unions. Therefore, getting a bespoke contract that would say that someone cannot lobby or be involved in certain activities might be difficult, and that is something the Committee did not necessarily consider There are two things I am against: first, the bespoke Nolan principles outlined in the report. As they are, the Nolan principles are widely understood, welcomed and easily applied. I think the suggestions that the Committee has put forward are too prescriptive and create an overlap between the rules and the principles that is unhelpful and creates some confusion. I also think they are a little bit pious. The Chair of the Committee looks shocked, but it is one of his favourite words Secondly, I disagree strongly with the proposal on the ministerial register of interests. Ministers operate in a separate role and under a separate code when they act in a ministerial capacity, and therefore the Committee is somewhat overreaching. From what I have seen on the Committee, that is not a particularly large problem, and it feels that we are straying into overreach. Other than that, I think this has been a very helpful debate.