Privileges and Conduct

Debate between Lord McFall of Alcluith and Lord Warner

Thursday 15th November 2018 Lords Chamber

[The Senior Deputy Speaker]

My Lords, I thank noble Lords for their 18 contributions. Some of them made points that we consider absolutely valid; I think the noble Lord, Lord McNally, made that very point.

My noble friend Lord Hodgson of Astley Abbotts made the point that rules are rules. I can say definitively that the rules are the rules and that we and the commissioner adhere to them. Noble Lords will see that the first page of our code of conduct states:

“The following Code of Conduct for members of the House of Lords was adopted by resolution on 30 November 2009 and amended on 30 March 2010, 12 June 2014, 25 February 2016, 9 February 2017 and 3 April 2017”.


No one who suggested that the rules are flawed came here with any suggestions to change them. We in the sub-committee and the committee observed the rules faithfully.

A point was made about the commissioner freelancing. The commissioner went to the sub-committee and specifically asked to investigate this case. That sub-committee is chaired by an eminent judge, the noble and learned Lord, Lord Brown of Eaton-under-Heywood. The noble and learned Lord, Lord Irvine of Lairg, was on that committee. Permission was given to the commissioner, so she followed every rule of this House.

[Lord Warner]

I am sorry to interrupt my noble friend. Can he say how many cases of historical sexual abuse and harassment have been considered under these rules since they were formed?

[The Senior Deputy Speaker]

I have been the chairman for two years and this is the first case I have had; I undertake faithfully to write my noble friend on that question. That is not a problem.

My noble friend Lady Shackleton and the noble and learned Baroness, Lady Butler-Sloss, made a point about testing the evidence. The commissioner covered that point in the committee’s report, saying:

“I am not entirely sure what Lord Lester means by cross-examination … but if he means testing the evidence where there is a challenge or a good reason to do so, then the report shows that I did this, throughout the process, and where I did not, I gave my reasons”.


She refers to paragraphs 156 and 93 to 152 of her report. The evidence was tested very carefully.

The noble and learned Lord, Lord Woolf, said that the rules are not fit for purpose. Following his chairmanship, the noble and right reverend Lord, Lord Eames, looked at that point in the leader’s report and used the experience of the noble and learned Lord, Lord Woolf, so that they could take account of the problems. They did that by establishing an independent commissioner.

Other points have been made about the process being reviewed next week when the committee will meet, following the Cox report in the House of Commons. We will look at bullying and harassment. We want to ensure that the system is more accessible to complainants but there is no current suggestion to adopt a procedure involving cross-examination. If any Member wishes to put that to the committee for consideration, we are here to listen to all the evidence.