The statement made by Dawn Butler, the Labour MP for Brent Central, on Twitter on 27 October 2022.
I’ve written to Kemi Badenoch regarding her inaccurate comments in the House of Commons, in which she used parliamentary privilege to spread misinformation about Benjamin Cohen and Pink News. I’m calling on her to follow ministerial code and return to the chamber to correct the record.
The comments made by Anneliese Dodds, the Chair of the Labour Party, on 21 October 2022.
Sad to see the passing of Baroness Blood, a political giant and tireless campaigner for women and on integration in Northern Ireland. She will be greatly missed.
The comments made by Michael Fabricant, the Conservative MP for Lichfield, on Twitter on 20 October 2022.
To be clear: he [Boris Johnson] may not be the 1st choice of MPs (I may be wrong) but he most certainly is amongst the membership. He’s a #winner and the only MP with legitimacy having been overwhelmingly elected by the country. Without him calls for a General Election will grow.
The comments made by Chris Bryant, the Labour MP for the Rhondda, on Twitter on 20 October 2022.
I have deleted the tweet I posted of a photo I took in the Commons lobby last night, at the request of the Sergeant at Arms. I accept I broke Commons etiquette in taking the photo. I did so to expose a wrong. I have apologised. I’m happy to take it down as requested.
The statement made by Liz Truss, the Prime Minister, at Downing Street, London, on 20 October 2022.
I came into office at a time of great economic and international instability.
Families and businesses were worried about how to pay their bills.
Putin’s illegal war in Ukraine threatens the security of our whole continent.
And our country had been held back for too long by low economic growth.
I was elected by the Conservative Party with a mandate to change this.
We delivered on energy bills and on cutting national insurance.
And we set out a vision for a low tax, high growth economy – that would take advantage of the freedoms of Brexit.
I recognise though, given the situation, I cannot deliver the mandate on which I was elected by the Conservative Party.
I have therefore spoken to His Majesty The King to notify him that I am resigning as Leader of the Conservative Party.
This morning I met the Chair of the 1922 Committee Sir Graham Brady.
We have agreed there will be a leadership election to be completed in the next week.
This will ensure we remain on a path to deliver our fiscal plans and maintain our country’s economic stability and national security.
I will remain as Prime Minister until a successor has been chosen.
Thank you.
The speech made by Yvette Cooper, the Shadow Home Secretary, in the House of Commons on 20 October 2022.
I notice that the Home Secretary is not in his place this morning, unless the Parliamentary Secretary, Cabinet Office, the hon. Member for Bassetlaw (Brendan Clarke-Smith), has been appointed Home Secretary in the last few hours. To be honest, nothing would surprise us at the moment, because this is total chaos. We have a third Home Secretary in seven weeks. The Cabinet was appointed only six weeks ago, but the Home Secretary was sacked, the Chancellor was sacked and the Chief Whip was sacked and then unsacked. We then had the unedifying scenes last night of Conservative MPs fighting like rats in a sack. This is a disgrace.
The former Home Secretary circulated a letter, and that seems to contradict what the Minister said. She said that the document was
“a draft Written Ministerial Statement…due for publication imminently”
that had already been briefed to MPs. Is that not true? Will he explain the answer to that? At what time did the former Home Secretary inform the Cabinet Secretary of the breach? Has a check been made of whether she sent other documents through personal emails, putting security at risk? Was there a 90-minute row about policy between the Prime Minister and the former Home Secretary? Given the huge disagreements we have seen in the last few weeks between the Prime Minister and the former Home Secretary on drugs policy, Rwanda, the India trade deal, seasonal agriculture, small boats—and with a bit of tofu thrown in over the lettuce for good measure—is anything about home affairs agreed on in the Cabinet?
What we know is that the former Home Secretary has been running her ongoing leadership campaign while the current one is too busy to come to the House because he is doing his spreadsheets on the numbers for whoever he is backing to come next. But who is taking decisions on our national security? It is not the Prime Minister, nor the past or current Home Secretaries. Borders, security and policing are too important for that instability, just as people’s livelihoods are too important for the economic instability that the Conservative party has created. It is not fair on people. To quote the former Home Secretary, this is indeed a total “coalition of chaos”. Why should the country have to put up with this for a single extra day?
Brendan Clarke-Smith
I am sure that the right hon. Member is aware that breaches of the ministerial code are a matter for the Cabinet Office, not the Home Office, and that is why I, not the Home Secretary, am here to answer the urgent question. The Prime Minister took advice from the Cabinet Secretary, as we saw from her letter, and she is clear that it is important that the ministerial code is upheld and Cabinet responsibility is respected. The Prime Minister expects Ministers to uphold the highest standards. We have seen her act consistently in that regard.
These were breaches of the code. The Prime Minister expects her Ministers to uphold the ministerial code, as the public also rightly expect, and she took the requisite advice from the Cabinet Secretary before taking the decision.
I am mindful that it is not usual policy to comment in detail on such matters, but, if some background would be helpful—I appreciate that much of this is already in the public domain—the documents in question contained draft Government policy, which remained subject to Cabinet Committee agreement. Having such documents on a personal email account and sharing them outside of Government constituted clear breaches of the code—under sections 2.14 and 2.3, if that is helpful to look at. The Prime Minister is clear that the security of Government business is paramount, as is Cabinet responsibility, and Ministers must be held to the highest standards.
The statement made by Lindsay Hoyle, the Speaker of the House of Commons, in the House on 20 October 2022.
I wish to say something about the reports of behaviour in the Division Lobbies last night. I have asked the Serjeant at Arms and other senior officials to investigate the incident and report back to me. I will then update the House.
I remind Members that the behaviour code applies to them as well as to other members of our parliamentary community. This gives me another opportunity to talk about the kind of House that I want to see, and that I believe the vast majority of MPs also want to see. I want this to be a House in which—while we might have very strong political disagreements—we treat each other courteously and with respect, and we should show the same courtesy and respect to those who work with and for us. To that end, I will be meeting senior party representatives to seek an agreed position that behaviour such as that described last night is unacceptable in all circumstances.
The comments made by Nadine Dorries, the Conservative MP for Mid Bedfordshire, on Twitter on 20 October 2022.
One person was elected by the British public with a manifesto and a mandate until January 2025.
If Liz Truss is no longer Prime Minister there can be no coronation of previously failed candidates.
MPs must demand return of Boris Johnson – if not it has to be leadership election or a General Election.
The speech made by Allan Dorans, the SNP MP for Ayr, Carrick and Cumnock, in the House of Commons on 18 October 2022.
Good evening, Madam Deputy Speaker. I declare an interest in this matter as a member of both the Committee on Standards and the Committee on Privileges, appointed by this House in May 2021. I regard it as a privilege to serve on those Committees.
I start by agreeing with my friend the hon. Member for Warrington South (Andy Carter) about the lay members. The Committee on Standards consists of 14 members, seven of whom are MPs and seven of whom are lay members appointed by the House of Commons Commission following an extensive and comprehensive open recruitment process. All seven lay members have extensive knowledge and experience of public life at a senior level and bring a fresh non-political and unbiased perspective to the work of the Committee. I commend and thank them for their commitment and contribution not only to the report we are debating tonight but to the other work undertaken by the Committee on Standards. The lay members are invaluable in enabling the Committee to reach decisions that more accurately reflect the mood, consideration, interpretation and judgment of the country as a whole, rather than the narrow conclusions that might be reached by elected Members, with conflicting pressures and interests of their own in their Westminster role and in this echo chamber in which we operate.
The Committee’s recommendations followed our code of conduct review that started in 2020. The Committee took an extensive range of written and oral evidence and commissioned a survey of Members to draw up balanced and informed recommendations, and we were greatly assisted by independent advice from Sir Ernest Ryder, former Lord Justice of Appeal and Senior President of Tribunals for the United Kingdom. Sir Ernest carried out a review of fairness and natural justice in the House’s standards system, and the Committee published his review in March 2022.
Sir Ernest concluded that the inquisitorial process for code of conduct cases is fair and compliant with article 6 of the European convention on human rights—the right to a fair trial. Two of Sir Ernest’s principal recommendations were to create a single code of procedure, to be approved by the House, and to introduce a formal appeal system. The motions before the House today would implement those two central recommendations.
The Committee recommended that the Independent Expert Panel, which was established by the House in June 2020 to hear appeals and determine serious sanctions in bullying, harassment or sexual misconduct cases, should be the appeal body. If today’s motions are agreed, there will be an additional step in the process of investigating and adjudicating on breaches. The independent Parliamentary Commissioner for Standards will continue to investigate allegations of breaches of the code. If the commissioner’s opinion is that the MP has breached the code and it cannot be rectified using her own powers, she will refer the case to the Committee for a decision; this is what already happens.
Once the Committee has published its report, the MP will then have 10 working days to lodge an appeal, if they wish to do so. The grounds are in line with the appeals grounds in Independent Complaints and Grievance Scheme cases. The Independent Expert Panel would then publish the final outcome unless, in the case of a successful appeal, a case is remitted back to the Committee or Commissioner for fresh investigation or decision.
The Committee published its proposed procedural protocol in July 2022, which brings together material from the Commissioner’s information note, the current chapter 4 of the guide to the rules, and parts of the Committee’s own internal guidance into a single document that we hope is accessible and easy to understand. The protocol also sets out the new process for appeals.
I welcome the Government bringing forward today’s motions and I hope that the new protocol and appeals process will give hon. Members and the public confidence in the integrity and fairness of our standards system. I also sincerely hope that the Government will bring forward motions before too long to allow the House to debate and decide on the proposed new code of conduct and guide to the rules, and the important changes that the Committee is suggesting.
The SNP and I support the reform of practices to ensure that hon. Members of this Parliament have a fair process when allegations have been made against them. We also welcome the motion and proposals to ensure that standards in this House are strengthened, and we look forward to engaging on the proposed reforms. We also welcome the Government bringing forward the motions to implement the Committee’s recommendations on appeals and to approve the proposed new procedural protocol.
In addition, we recommend that consideration be given to training and awareness among hon. Members to provide them with information on the proposed changes. An incredible amount of work has been undertaken by the Committee on Standards regarding the motions being brought before the House today. I also lend my support and that of the SNP to the amendments tabled by the hon. Member for North East Fife (Wendy Chamberlain).
The speech made by Chris Bryant, the Labour MP for Rhondda, in the House of Commons on 18 October 2022.
I start by being slightly pernickety, which is to say that I am not a right hon. Gentleman. I do not know whether the Lord President of the Council can do anything about that, but I note that she referred to me as such, for which I am grateful.
On a serious point, historically, we will probably be considered the standards Parliament, because standards have been such a prominent part of the politics of this whole Parliament. As a colleague of 649 of my closest friends, I feel quite painfully the fact that, in this Parliament, 16 Members have already been suspended for a day or more, or have withdrawn from the House before any investigation was completed. That puts this Parliament as having suspended more people than any Parliament in many decades. That, I suspect, is partly because we have put in place the ICGS, which is dealing with work that would previously have been swept under the carpet. Even in my own time in the House, these issues would have simply been dealt with by the Whips and somebody would have been either quietly paid off or told not to complain. I am really glad that that culture is changing, that people feel able to complain when they feel bullied or sexually harassed and that behaviours that were thought to be acceptable 15 or 20 years ago are no longer considered so in the House. We may have more of this before the end of this Parliament, and we just need to bear cognisance of that. Even if we look only at the code of conduct cases, we have ended up suspending more in this Parliament than for a very long time.
I had some very wealthy relatives. When I was young, they taught me that if a person ever inherited money, it was because it had been held in trust. As Members of Parliament, we inherit our seats—not normally hereditary seats, but in some cases they are—and we inherit the reputation of the House that came from previous generations. It is important for us to hold that in trust and pass it on to the next generation of Members of Parliament burnished rather than tarnished. We will have to do a job of work throughout the rest of this Parliament to be able to do that effectively.
The system, I believe, also has to be fair to Members of Parliament. It is phenomenally complex and sometimes, in addition, complicated. An individual Member will be subject to rules of their own party, the ICGS rules, the code of conduct, the Electoral Commission, and the law of the land, and sometimes it is difficult for them to have all those things in their mind. That is why it is so important that the system for Members of Parliament is completely fair, embodies natural justice, and makes sure that the individual complainant—if there is a complainant—and the Member themselves are given an opportunity to put their case and for it to be heard fully. The court of public opinion is not often a fair place. It often jumps to conclusions and decides things far too rapidly. My worry is that, sometimes, our processes happen far too slowly, and that is not justice for either the complainant or the Member, especially as politics has a shelf life—we have elections, for example—and sometimes cases keep going for years, which is not fair on anybody’s mental health either.
Ever since I joined the Committee, I have always wanted us to have some formal process of appeal. I have argued that the system that we have had heretofore provides a sort of form of appeal: if the Commissioner finds against the Member, the Member is allowed a very full opportunity to make their case to the Committee in oral or written evidence. To be honest, it is better that we have a much clearer definition of the roles of the Commissioner and the Committee. That is what Sir Ernest Ryder has provided us with. He gave us a clean bill of health on how we have been operating in the past. He was quite clear in saying that there is not only one way of having a fair trial or hearing; there are many different ways. It might be an inquisitorial system such as we have, but it might be a confrontational system, or an adversarial system, as we have in a court of law. Of course, Committees of the House of Commons are not a court of law; they are fundamentally different. If we went down an adversarial route, the costs would increase dramatically and the length of proceedings would be very different. We have also always had a fundamental principle in the House that a Member speaks for themselves; if they cannot, then I would argue they have slightly lost the plot.
Andy Carter (Warrington South) (Con)
I want to put on record my thanks to the lay members on the Committee. It is a unique Select Committee in Parliament and lay members—members of the public who are selected—play an important part. I am sure the hon. Gentleman will agree with me that the Committee is much stronger for having lay members sitting there alongside parliamentarians.
Chris Bryant
Indeed; that was the next point I was going to make. The hon. Gentleman is very good at doing that in Committee, incidentally, and persuading me of the view that I already hold, but that may just mean that we proceed very much on a consensual basis in the Committee and there is no partisan divide at all. Nor is there a divide between the lay members and the Member members.
There was a point at which people were arguing that MPs should not be involved at all in any of these processes, but I think that is wrong in relation to code of conduct cases. We often end up having a discussion about what casework really involves, or what an all-party parliamentary group does, and I think we make better decisions thereby. However, I do not think we could do that without the lay members and without their having a vote. The balance between the two, the seven lay members and the seven Members, is a good one, and it is sometimes a genuinely fascinating debate, with people offering different perspectives.
On the motions before the House, first, I hope that introducing a procedural protocol that lays out all the processes and what a Member can expect if they have to go through an investigation that ends up going all the way to the Committee will be helpful to all Members. We have laid all that out.
There has been some criticism in the past about whether the Parliamentary Commissioner for Standards, who is an adviser to the Committee, should be present when the Committee is considering a memorandum and producing a report on an individual Member. We have decided that from now on—and we are already operating this—the Commissioner will not be present. If we have questions for the Commissioner, we will send them in writing and receive answers in writing, and that will also be available to the Member under consideration.
Secondly, as the Leader of the House has already said, we are introducing an appeal through the Independent Expert Panel. That is a formalised process, and some people may find that that process is stricter than the previous system, because Members cannot appeal just to have a regurgitation of the facts or the argument; there are clear reasons why someone might be able to proceed to appeal, and the appellate body, the IEP, might decide, “I’m sorry, that doesn’t really count. You just want to rehearse the arguments all over again.” Members may find that this is a stricter process, but it closely parallels the situation in many tribunal systems and Sir Ernest Ryder, who had responsibility for the tribunals system in England and Wales, has helped us to get to that position.
There is one other thing that the Leader of the House did not mention, but which I am grateful that the Government have included in the motions. Let us say that the Commissioner recommends that a Member has breached the rules and the Committee decides that there has been a breach of the rules and wants to impose a sanction. We will publish our report, in the way we have done, with the Member concerned getting an embargoed copy an hour before it is published. They will then have a period of time in which to decide whether to appeal. If they do, that goes to the Independent Expert Panel. However, at the end of that process, if the IEP upholds the Committee’s decision and the sanction, the motion should be put to the House forthwith—that is to say, without debate and without amendment, exactly like any other recommendation from the Independent Expert Panel in relation to independent complaints and grievance scheme issues. That makes for perfect clarity and simplicity.
I am grateful, in a way, that the Government have corrected our homework in two regards. The first is in relation to Members’ being allowed to inform their own staff. I think the Government have made that perfectly sensible amendment, which was a sin of omission of ours rather than a sin of commission. The Leader of the House referred to the issue of members of the Committee recusing themselves, which is mentioned in the report and has been raised by some Members. If a member of the Committee has attended only one of the sessions at which an individual case is considered, should they be able to take part in the final decisions? There is nothing in Standing Orders that allows a Committee to prevent a member from taking part; in the end, it is a matter for the member’s own conscience. Broadly speaking, in most of our minds, someone who had not attended the individual Member’s oral evidence would not be able to give them a fair hearing. It is not in the motion—we are relaxed about that—but I wanted to give the House an indication of where we are going on that issue.
I thank both Sir Ernest Ryder and Sir Stephen Irwin. I feel a bit surrounded by knights of the realm sometimes, but it is good to have a new knight of the realm on the Committee—the hon. Member for Broxbourne (Sir Charles Walker), who joined us today. I am grateful to the hon. Member for North East Fife (Wendy Chamberlain); her measure is perfectly sensible. The trouble with conventions and gentlemen’s agreements is that if there is no longer a gentleman on the other side of the agreement, it is no longer an agreement, so it makes perfect sense to put that on the face of the Bill.
The Leader of the House referred to some other issues. Obviously, I would have preferred it if we were dealing with the whole of our report. She referred to how she wants to achieve consensus. We on the Committee think that we have done so, we are open to discussion, but there are some issues I want to raise.
First, we want to ban the provision of paid parliamentary advice, including providing or agreeing to
“provide services as a Parliamentary strategist, adviser or consultant”.
That is self-evident. I think everybody supports it and I would like to make that the rule—it is not yet the rule.
We also think that Members who have second jobs, especially if they are ongoing, should have a contract saying what they and cannot do, because sometimes people will put in a contract, “You will provide contacts with Government on our behalf.” Well, Members cannot do that as that is, expressly, paid lobbying. We think they should be able to provide a contract; the Government disagree.
We want to clarify the serious wrong exemption, which Owen Paterson tried very aggressively and assertively to use as his excuse last year. It just did not wash, but it needs to be clearer for Members.
We want to clarify the paid lobbying rules, which would help out hon. Members a bit, because they are not clear in some areas. At the moment we draw a distinction between a Member “initiating” or “participating” in an approach to or a meeting with a Minister or an official. That is a completely false distinction and we need to get rid of it.
The one big difference I have with the Leader of the House is in relation to the registration of ministerial interests. I know the previous Leader of the House used the line about the constitutional principle of the separation of powers a lot. That is complete and utter baloney. It is nonsense. That phrase has carried on from the previous Leader of the House but one, now I think about it. We do not have a separation of powers. By definition, Ministers are Members of this House. My anxiety is that ministerial offices quite often get the rules about the House wrong, and sometimes Ministers or Members leave staff to do the registration when it is the responsibility of Members. I hope we can get to a better place on that.
It is a fundamental principle that a member of public should be able to look online for a Member—whether they are Minister now, were a Minister a month or six months ago, or have not been a Minister at all this year—and see all the facts about their registrable financial interests, so as to be able to judge whether that Member was acting “without fear or favour”, or was acting with some other consideration in mind. It is, in a sense, even more important for a Minister than it is for others. If two Members, one an ordinary Member of Parliament and one a Minister, go to an air show, with the hospitality, the accommodation and so on paid for by an arms company—it might come to £3,500—it is probably more important for us to know that the Minister was given that hospitality, because it is the Minister who might be making decisions on procurement from that company. Transparency and equality between all Members is really important, and all the information needs to be searchable and findable. We need to do more work on that.
The Government need an adviser on the ministerial code, and I hope that that will come as soon possible. I am very fond of Lord Geidt, who is a magnificent man. I think he felt crushed by the events of the last of years. If we are to hold in trust the reputation of Parliament and of the whole of politics, we must get someone in place as soon as possible.
Like the hon. Member for Warrington South (Andy Carter), I thank the lay members of the Committee. I shall mention only two fully by name, because they have just left: Jane Burgess and Arun Midha have served out their time, and we are recruiting new lay members at the moment. We are one down, and we will need another three next year. Paul, Rita, Mehmuda, Vicky, Michael and Tammy do a magnificent job, and I am enormously grateful to all of them.