Privileges Committee Special Report
Andrea Jenkyns Excerpts(10 months, 1 week ago)
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Dame Andrea Jenkyns (Morley and Outwood) (Con)
I welcome the opportunity to finally put forward my case.
Magna Carta was issued in June 1215, and was the first document to limit power and formalise the concept that no authority, not even the King, was above the law. It sought to limit the abuses of royal prerogative and birthed an idea, which through the long arc of human history, led to the principle and fact of equality under the law. Further, it led to the long-standing right that every Member of this House would be able to speak without fear or favour. My great ancestor William Marshal, the Earl of Pembroke, who served five monarchs and saved us from the French in the battle of Lincoln, was present at the signing of the great charter and then reissued it in its own name. His statue clutching the great Magna Carta is in the House of Lords looking down on the throne and the Chamber, and, I would imagine, keeping an eye on the monarch and proceedings.
I say that because from this House and from this nation has flowed an example of parliamentary authority through the people; democratic law making, and just and reasonable power. My deep concern is that the Committee may not have followed the example of just or reasonable power, and that it has, I believe, in my opinion, taken three roles as judge, jury and executioner. In its own way, the Committee’s approach has prompted just and reasonable questions. Why is the Committee trying to limit the speech of Members of this House? Why were we, the named MPs, not given the opportunity to defend ourselves before the publication of the report? I believe that the answers to those questions point to the fact that the Committee overstepped the remit given to it by this place to the detriment of democracy and the dialogue that flows from it.
Furthermore, we must ask why, if this House is now policing the speech of hon. Members, has the House not taken action previously? Why was no action taken when the right hon. Member for Hayes and Harlington (John McDonnell) said, “Why aren’t we lynching the bitch?” in reference to my right hon. Friend the Member for Tatton (Esther McVey)? The right hon. Member for Ashton-under-Lyne (Angela Rayner), someone who aspires to be the Deputy Prime Minister of our great country and is a Privy Counsellor, said in public that Conservatives were scum and no action was taken by the House. Then compare that to my tweet, in which I said in reference to the former Member for Uxbridge:
“I hope to see him fully exonerated and to put an end to this kangaroo court.”
Allan Dorans
Does the hon. Lady agree, on reflection, that to make such a statement, posted on Twitter on 21 March—
“I hope to see him fully exonerated and to put an end to this kangaroo court.”—
during a formal live investigation, ordered unanimously by this House, was at least disrespectful to the members of the Privileges Committee and potentially a contempt of this House, on whose behalf the inquiry was being conducted?
Madam Deputy Speaker (Dame Rosie Winterton)
Before the hon. Lady answers, I presume she did notify—
Dame Andrea Jenkyns
I thank the hon. Member for his prepared question. I believe in freedom of speech. My tweet clearly shows the overreach of the Committee. This is an argument for the right to free speech held not just by Members of this House, but as an ancient right of every citizen of this democracy. The actions of the Committee could mark a dangerous precedent, a slippery slope. Are we, as MPs, to be sanctioned for voicing an opinion on the work of Members’ Committees or the outcomes of this place? If so, colleagues may want to consider how they vote today and what precedent they set, because they may be next. Surely an MP’s job is not only to represent their constituents but to speak truth to power, however uncomfortable that truth may be.
So, Members across the House, let us look at some facts, shall we? My crime is that I wrote a tweet in March expressing an opinion. I have not personally criticised or even spoken with any member of the Committee, or incited any action to be taken against them. I have merely relied on my rights as a Member of this House, which may go against the popular opinion held in this place. Democracy is dialogue, made richer by a range of opinions, views and values.
Six colleagues and I are named in the second report. As has been mentioned, that was not authorised by Parliament. No evidence was heard from us. The Committee makes factual errors. The Conservative Democratic Organisation does not own the Conservative Post; they are two entirely separate organisations. The Committee also lambasts three Members of the House of Lords and the press, the Conservative Post, demonstrating constitutional overreach. It grossly over-interprets what “intimidate” means. How can one tweet, in which I do not refer to any member of the Committee personally, be considered intimidation?
The Committee denounces my hon. Friend the Member for Lichfield (Michael Fabricant) for merely saying that serious questions must be asked. It has selectively targeted Members, ignoring others. My hon. Friend the Member for Isle of Wight (Bob Seely) referred on the BBC to the Committee as a kangaroo court. Now, I have nothing against Mr Seely. He is a very good MP and I have lots of respect for him, but—
Madam Deputy Speaker
Order. The hon. Lady knows that she cannot refer to Members by name; she needs to refer to them by constituency.
Dame Andrea Jenkyns
Thank you, Madam Deputy Speaker. I have nothing against him—he is a very good MP—but why has he not been included in the report?
The Committee, in my opinion, is attempting to police language and criticism. It is claiming that what has been said about it, but not to it, on TV and Twitter is an attempt to intimidate it directly. Does the Committee have an issue with the right of reply? We never got a right of reply before the report was published. Interfering with the freedom of any Member of Parliament to comment on the Committee’s work sets a dangerous and chilling precedent, not only for freedom of speech but for any work that Committees of this House do in future. MPs will not dare criticise—and if that stands, what a sad place our great House of Commons will have become. Once a great beacon of democracy and freedom, it risks being tainted by silencing those who merely speak up.
Our freedom of speech-loving Prime Minister recently appointed the first ever free speech tsar. Well, maybe he should include the House of Commons in his remit. The Leader of the House, my right hon. Friend the Member for Portsmouth North (Penny Mordaunt), said during her recent leadership bid:
“Our democracy thrives on freedom of speech”.
I completely agree. On his website, the Chief Whip, my right hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart), wrote:
“The Government and the opposition are determined to lead the world in making sure that being online in the UK is a safe place to be…somewhere that freedom of speech can thrive”.
I agree 100%, Chief.
The hon. Member for Rhondda, Sir Chris Bryant, has said—
Madam Deputy Speaker
Order. The hon. Lady must stop calling people by their name—that is twice now that I have had to say that. Can she assure me that she notified the Chief Whip and the hon. Member for Rhondda (Sir Chris Bryant) that she was going to mention them?
Dame Andrea Jenkyns
After the BBC cancelled an interview with the hon. Member, he wrote that
“some oligarchs’ lawyers are cracking down on free speech.”
The former leader of the Liberal Democrats, the hon. Member for Westmorland and Lonsdale (Tim Farron), commented about Gary Lineker:
“I’m sure we can count on the Free Speech Union to stand up against this hysterical act of cancellation…”.
Dame Andrea Jenkyns
I am sorry; I am nearly at the end.
The hon. Member for Brighton, Pavilion (Caroline Lucas) stated:
“Those on the frontline of environmental destruction are freedom fighters”.
Yet seven MPs who express an opinion are hauled into the Chamber to defend themselves in this debate.
If the House truly believes in free speech for all, it should vote down this motion and send a message that this House will not tolerate the policing of speech for Members of this House. By the way, out of common courtesy, I would like to reiterate that I contacted the hon. Members I have mentioned in my speech to say that I would be doing so—a privilege that the seven of us were not afforded by the Privileges Committee, as we had no prior notice that we were to be mentioned in its report.
I conclude by quoting from our greatest Prime Minister ever, Sir Winston Churchill:
“Everyone is in favour of free speech. Hardly a day passes without its being extolled, but some people’s idea of it is that they are free to say what they like, but if anyone says anything back, that is an outrage.”—[Official Report, 13 October 1943; Vol. 392, c. 923.]
Sir Winston was right.
Several hon. Members rose—