Privileges and Conduct — House of Lords, 2018-11-15
Topic: Government Operations
John McFall (Labour, Centre-left): My Lords, in moving this Motion, I will speak also to the amendment to the Motion in the name of the noble Lord, Lord Pannick The report before us relates to a finding that the noble Lord, Lord Lester of Herne Hill, sexually harassed the complainant, offered her a corrupt inducement to have sex with him and warned her of unspecified consequences if she did not accept his offer. The complaint was investigated by the House’s independent Commissioner for Standards. She found that the conduct of the noble Lord, Lord Lester, was in breach of the provision in our code of conduct that all members must act on their personal honour. The commissioner’s findings were considered by the Sub-Committee on Lords’ Conduct, whose role it is to recommend an appropriate sanction. That sub-committee recommended that the noble Lord, Lord Lester, should be expelled from the House The noble Lord, Lord Lester, appealed to the Committee for Privileges and Conduct against the findings and the sanction. That committee considered a detailed set of papers on appeal and heard from the noble Lord, Lord Lester, in person. We dismissed the appeal of the noble Lord, Lord Lester, against the finding that he had breached the code and we endorsed both the approach and the conclusions of the commissioner In relation to the appeal of the noble Lord, Lord Lester, against sanction, we upheld his appeal against expulsion and recommend instead a period of suspension. The committee was conscious that at the time of the breach of the code, the power to expel a Member of the House, which has now been conferred by the House of Lords (Expulsion and Suspension) Act 2015, was not available. At the time the noble Lord, Lord Lester, breached the code the maximum sanction available was suspension to the end of the Parliament in which the suspension started. We concluded that the noble Lord, Lord Lester, should be suspended for a period coterminous with the maximum expected length of the present Parliament. We accordingly recommend that the noble Lord, Lord Lester, be suspended from the House until 3 June 2022. I should be clear that this is our recommendation to the House irrespective of whether or not a general election takes place before 2022 My Lords, it may be helpful to the House if I say a few words in anticipation of the amendment of the noble Lord, Lord Pannick. The amendment suggests that the Commissioner for Standards did not conduct her investigation in a way that conformed with natural justice and fairness. This is a serious claim and one that the Committee for Privileges and Conduct considered very carefully, because it was a central point of the appeal of the noble Lord, Lord Lester. We were very clear in paragraph 12 of our report that we did not, "accept Lord Lester’s contention that the Commissioner was at fault in the way she carried out her investigation" That was the unanimous position of all 14 members of the committee. In coming to that position we listened with particular care to the opinions of two of our members with considerable judicial experience, the noble and learned Lords, Lord Mackay of Clashfern and Lord Hope of Craighead. I hope that they will both speak later in this debate The amendment of the noble Lord, Lord Pannick, directs us to consider the procedures the commissioner followed in her investigation. Let me remind the House what they are. They are set out in the guide to the code and they are kept under review by the Sub-Committee on Lords’ Conduct, chaired by another member with considerable judicial experience, the noble and learned Lord, Lord Brown of Eaton-Under-Heywood. Paragraph 124 of the guide to the code states: "Proceedings are not adversarial, but inquisitorial in character." Then paragraph 127 says: "Complainants have no formal locus once an investigation is under way: they have no right to be called as a witness, though they are expected to co-operate with any investigation and to supply all the evidence in their possession when asked to do so. Nor do members accused of misconduct have any entitlement to cross-examine complainants, though they are given an opportunity to review and, if they so wish, challenge the factual basis of any evidence supplied by complainants or others".