Committee of Privileges — House of Commons, 2022-06-16
Topic: Government Operations
Bernard Christison Jenkin (Conservative, Centre-right): I commend the report that the Privileges Committee has published this morning dealing with the powers of Select Committees to summon persons and papers, and I am grateful to the Backbench Business Committee for this opportunity. I am making this statement on behalf of the Committee, because the hon. Member for Rhondda (Chris Bryant) is no longer Chair of the Committee. He was discharged from it on Tuesday because he has recused himself from the new matter referred to the Committee, concerning the conduct of my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson). However, the hon. Member for Rhondda was in the Chair during all proceedings on the report published today, and I pay tribute to the effective way in which he chaired the Committee, enabling us to come to a unanimous conclusion on this somewhat vexed matter Today’s report is the second we have issued on this subject. A year ago we published our original proposals with a draft Bill. Both reports relate to the matter referred to the Committee by the House as long ago as 27 October 2016, namely, "the exercise and enforcement of the powers of the House in relation to select committees and contempts" Our earlier report set out different potential options for addressing the issue of recalcitrant witnesses. Its preferred option was legislation, and the creation of a criminal offence of refusing to obey a summons to attend a Select Committee meeting or to provide it with papers. A draft Bill was attached to the report. Following extensive consultation, including further written and oral evidence, the Committee now reaffirms its conclusion that "if the House wishes to address the problem of recalcitrant witnesses, then legislation is the only appropriate means to do so." A revised version of the draft Bill is annexed to the report On the role of Select Committees, the report notes that "select committees have a right to scrutinise matters of public interest beyond the main bodies of government." It adds "in considering government policy, it is legitimate to look at the effects of policy failure, or to identify emerging areas which need policy oversight. For that legitimate function to be effectively performed, Parliament needs appropriate powers." Explaining the intention behind recommending that Parliament legislates to empower Committees, the report asserts that "topical inquiries involving non-cooperation by witnesses will continue to occur from time to time." and that "individuals who feel that they have little to lose will test the ability of the House to enforce their attendance as witnesses or their production of papers." The report notes that while cases are few, "it is undoubtedly a real problem", which the Committee's proposed legislation "is intended to address." The Committee’s report concludes that, ultimately, and perhaps realistically, "the decision before the House in relation to powers is between accepting the status quo or introducing new powers by means of legislation, accepting there will be a role for the courts. A primary benefit of legislation is that it would put Parliament’s power to sanction beyond doubt." The other option—that the House should reassert its historical powers to fine and imprison through Standing Orders or by resolution—is rejected outright by the Committee on the grounds that the powers have effectively become unenforceable. A new word that I learned in studying the matter is desuetude The report analyses the consultation responses and makes modifications to the initial proposals as well as mounting a defence of them where it feels that criticism was misplaced. It clarifies some points, such as that the draft Bill does not seek to criminalise contempts of the House as such, and that the criminal offence will be that of failing to comply with a summons to attend a Committee or to produce papers without reasonable excuse rather than giving unsatisfactory responses to questions when attending a Committee. It revises the draft Bill to substitute a maximum sentence of six months’ imprisonment in place of the original proposal of two years’ imprisonment, and to give Mr Speaker the power to issue the statutory summons. It calls on the House’s Liaison Committee, which I chair, to develop a protocol on the treatment of witnesses to ensure that all witnesses get fair treatment. I will ensure that that occurs Now that the Committee has published its report and recommendations, it will be for the House to consider the proposals and make any final recommendations. I am happy to take questions.