House Standards System: Confidentiality and Sanctions — House of Commons, 2021-04-21
Topic: Government Operations
Christopher John Bryant (Labour, Centre-left): It is precisely as the Leader of the House adumbrated—namely, the independent expert panel has made clear that Members can seek advice from another Member if that is what they wish to do. It is on a confidential basis. Of course they should not do it so as to game the system or to lobby individual members of the Committee, because that is expressly a breach of the code of conduct, but Members are perfectly entitled, and it makes absolute sense, to go to their Whip to talk about the matter if they wish to do so. I urge colleagues not to use this as a means of lobbying the whole House to get support, because that undermines the whole system We wanted also to end the anomaly whereby the commissioner can neither confirm nor deny that she is investigating a particular case, even when the Member concerned has announced that he or she has referred themselves to the commissioner. That obviously brings the whole system into a degree of disrepute. I know that some colleagues were anxious about this clause, but in the vast majority of cases, this will mean that the commissioner will be able to confirm that she is not investigating a Member. Far too many hares have started running in the press without anybody being able to clarify the situation—neither the commissioner nor the Member—and that is an injustice to everybody Thirdly, we wanted to ensure that when something has gone wrong, the independent expert panel and the Standards Committee have more options in terms of sanctions than just a slap on the wrist or decapitation, which is basically what it has felt like for far too long. There are more effective means of enabling people to change their habits—perhaps the habits of a lifetime—or the way that they work, their attitudes or their behaviour in a way that aligns with the code of conduct and the rules. That is precisely what the suite of options that we have laid out in our reports do for both ICGS cases, for the independent expert panel to use, and for non-ICGS cases, for the Standards Committee to use. The Leader of the House is right to say that anything that affects the core functions of an MP would only be decided on by the House in the end. The final vote, as it were, would be for the House We wanted also to be absolutely clear with Members and the public what we consider to be mitigating or aggravating factors in considering a particular case when the commissioner has brought a report to us. This seems to us a simple matter of natural justice. It is exactly the same as the courts, which have mitigating and aggravating factors when sentencing. For instance, perhaps it is obvious that a Member who committed the same breach of the rules on more than one occasion or who did so after already having been admonished by the House for a similar breach—a recidivist—would face a tougher sanction from the Committee the next time round, but we thought it important to make this clear Perhaps it is also obvious that a Member who made a completely inadvertent error, apologised and swiftly made recompense would be able to rely on the commissioner and the Committee to treat such a breach as on the less serious end of the spectrum. Likewise, perhaps it is obvious that a Member who refused to answer an inquiry from the commissioner or the registrar, who deliberately dragged matters out, who was rude and abusive during the process or who refused to co-operate with an investigation or inquiry would face a more serious sanction from the Committee. My honest advice to colleagues—I think every member of the Committee would say this, and it is advice I would give anyone in life—is that a heartfelt apology goes a very long way towards putting things right. I think the House and the public respect that when people are able to do it. I also urge colleagues, if they ever want advice, to go to the registrar or the commissioner because they are there to help.