Committee on Standards

David Davis Excerpts

Tuesday 10th November 2020 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

I beg to move amendment (a), in line 1, leave out

“be appointed as lay member”

and insert

“and Ms Melanie Carter be appointed as lay members”.

I thank the Leader of the House for finally tabling this motion, but I am extremely worried and concerned about what he has done today. I was in politics in 1987, and the reason that I am taking this personally and have tabled this amendment is that this sort of thing has happened to me. It used to be known as blacklisting. I was prevented from having certain posts because people thought I had a particular political viewpoint. I thought that we had moved away from that and that this country had changed—that it did not really matter what someone’s politics were, but was about the kind of job that they did.

I am deeply concerned that some of the conversations that we have had in the Commission are public. The Leader of the House has said in some accounts that he apparently knows why Melanie Carter joined the Labour party and why she resigned from it; he appears to know exactly what those reasons are. The difficulty that we face is that Melanie Carter is not here to defend herself. She cannot question the Leader of the House or state what he has said in public; she does not have a chance to do that. That is not right in any forum, not least the House of Commons.

As I understand it, Melanie cannot have resigned from the Labour party. I do not know who she voted for in the leadership election. I do not even know that she joined the Labour party to vote for a particular candidate. I have no idea and I do not know where that has come from. I understood that she had resigned because she had applied for a post. I do not know where all this information is coming from. Is it tittle-tattle, gossip or just politicking? It really is unbecoming of the Leader of the House.

The Leader of the House failed to answer the question from the hon. Member for Harwich and North Essex (Sir Bernard Jenkin); he failed to say how the process was at fault or how it was flawed. Let me take hon. and right hon. Members through the process, because it is important for the House to know that there were 331 applicants. There was a sift and 10 applicants were interviewed. Those 10 applicants were actually whittled down through questions and an interview. That was all done by other impartial people, away from politics.

The applicants then went before an experienced panel that included Jane McCall, who is an external member of the House of Commons Commission. There was also my hon. Friend the Member for Stretford and Urmston (Kate Green), who chaired the Committee on Standards at the time. She had resigned because she had been given a new post, but we agreed that she would stay on even though my hon. Friend the Member for Rhondda (Chris Bryant) was the new Chair of the Committee. The other members of the panel were Mark Hutton, the former Clerk of the Journals, and Dr Arun Midha, who is a lay member of the Committee on Standards. The top two applicants were chosen: Melanie Carter and Professor Michael Maguire—in that order. I thank the panel all for their hard work, because sifting through all those experienced applicants is not an easy task. We should be pleased that all those people applied for the post.

[Mr David Davis (Haltemprice and Howden) (Con)]

I am interested in the impartiality. Was there guidance to the candidates and to the selection committee about whether being a member of political party would disqualify a candidate?

[Valerie Vaz]

As my hon. Friend the Member for Stretford and Urmston said earlier, it was very clear that it was not in the criteria for disqualification, and it cannot be. It reminds me of when Brian Redhead was on the BBC. I think he was accused of voting in a certain way, and he said to the now Lord Tebbit, “How dare you know how I voted? Nobody knows how anyone votes when they go into that booth with that pencil. It is a private matter—nobody knows.”

Let me go back to the way interviews were done. I want to thank all the panel for finding these two excellent candidates. This came to the Commission for discussion, which I will not go into, but concerns were raised. I will not say who the concerns were raised by. The panel members were asked to go and ask questions of the candidates again, and so they did. They did the due diligence and they came back. That is the process.

If Members are asking about impartiality, let me just set out exactly what Melanie Carter is. Her current role is senior partner and head of the public and regulatory law department at Bates Wells solicitors. She is an independent adjudicator for the Marine Stewardship Council. She is a tribunal judge. She is a founder member of the Public Law Solicitors Association. She has previously worked as a partner at DMH Stallard and a solicitor with Bindmans, as director of standards and deputy registrar with the General Optical Council, and with Mayer, Brown, Rowe & Maw solicitors. She also worked for the Government Legal Service. Her previous public appointments were as an independent member of Brighton and Hove Council standards committee, as the legal chair of the Adjudication Panel for England and as a magistrate on the south-west Bench in London.

Melanie Carter qualified as a barrister and a solicitor. As solicitors, we owe a duty to the court first. We have to uphold the truth and the rule of law. She does all that, and she does it independently. That is why the panel recommended her. Let me tell hon. Members exactly what the report says, through the Commission:

“The two candidates represent a combination of experience and qualities which should reinforce public confidence in the independent element in the House’s disciplinary processes.”

This House is now saying to all those highly qualified people who sat on the panel, “You are talking rubbish. We don’t agree with you. We don’t agree with one part of what you say, but we agree with the other part.” That is absolutely outrageous.

--- Later in debate ---

[Mr David Davis (Haltemprice and Howden) (Con)]

I am afraid that the 203 votes that the Deputy Chief Whip casts on behalf of Members have become 202.

The process is flawed in four ways. First, it is a breach of natural justice. This lady applied under terms that were explicit. They did not exclude her being a member of a political party. If my hon. Friend the Member for Warrington South (Andy Carter), who is a member of the Committee, thinks that should have been different, he should have changed the rules at the beginning. It is a breach of natural justice.

Secondly, it is a failure of judgment. The term “beyond reproach” has been used, in not being a political party member. I do not think being a political party member is a matter of reproach. It is a matter of pride for all of us and it should not be seen as necessarily undermining our ability to make a judgment. The argument does not work there either.

Thirdly, in terms of impartiality, if it really is the case that membership of a political party automatically corrupts judgment, there should not be a single hon. Member on the Committee because, by definition, they are members of a political party.

Finally, this is a matter of House business. One of the tests is how it would feel if it was the other way round. I would be outraged if I was on the other side of this argument. I say that with some knowledge, because I was on the other side of the argument through all the Blair years, when House business was not treated as House business. I am afraid that I propose to support the amendment.

Proceedings During the Pandemic (No. 4)

David Davis Excerpts

Wednesday 2nd September 2020 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

I am going to disappoint the hon. Member for Glasgow North (Patrick Grady) by breaking the consensus. It is a paradox that one of the great champions of Back-Bench rights, my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg), has been forced, now that he is Leader of the House, to introduce measures that massively undercut Back-Bench rights.

I have been in the House for 33 years; to call this arrangement sub-optimal is to use a very delicate phrase. This is the weakest House of Commons that I have ever seen. It does not do its job. The House of Commons, at its best, is far greater than the sum of its parts. It is an organic entity that reflects our constituents’ interests and pushes the Government to do better, govern better and make the right decisions first time, not after several preliminary attempts. It has been bled dry—I am being as delicate as I can about what others would call U-turns—and it gives Ministers a pathetically easy time. That is actually not a benefit to Ministers. Having to stand at the Dispatch Box to defend their case, and think through before they arrive all the weaknesses that might be in it, is a way for our Government to improve their case. Those who have been special advisers or Ministers in the past know exactly how the process works. It is one of the things that makes our Government, our Parliament and our democracy better than almost any other in the world.

That is particularly true given that, in late March, under the coronavirus emergency legislation, we gave Ministers huge powers, which were exercised almost straightaway to go into lockdown, and almost straightaway ran into problems because the Government had not had to face this House over several hours to talk about what would happen if somebody’s constituent has a disabled child or a mother they could not look after, or about all the other small, detailed things that make legislation work properly, keep it effective, and keep the confidence of the public.

Frankly, I am not bothered by the performance of the House in the next month, because it is September and we are not doing many very, very important things, but the House, the Government and the country face three massive sets of decisions. Decisions on the recovery of the economy will be critical before the end of October. That is when the various funding schemes run out and we face the brick wall in our economic future. We have Brexit still coming, and October will be the key month there—that is when the rubber is going to hit the road. And of course there is covid-19 running into winter; again, October will be the key time.

Unlike the hon. Member for Glasgow North, I do not think 3 November is a good date. We have to think about the decisions that this House and the Government will have to make during October.

[Patrick Grady]

That is the whole point: if we get into a second wave in the winter, and there are more local lockdowns and more people who are ill or have to stay at home and shield, that is all the more for reason for people to be able to participate virtually.

--- Later in debate ---

[Mr Davis]

I will come back to participating virtually. I do not disagree that people should be able to participate virtually, but we have the worst of all worlds. At the moment, we have a Chamber that does not work. I have watched my colleagues in this Chamber make incredibly powerful speeches that would have moved the whole House under normal circumstances, and yet they have exactly the same effect as an Adjournment debate speech. That is what is missing; that is the problem. We are in the middle of some of the biggest problems this country has faced in peacetime, and we have a House of Commons that is not functioning. Parliament is not working.

I want the Government to look at ways of making it possible to use the Chamber better. There are small things we can do, like using the Galleries, but I think we should be testing every MP every day so that we can be sure that we can operate properly. People say, “But what about our constituents?” Well, that is what they want; I have had any number of communications in the past couple of weeks saying, “Why aren’t you going back to work? Where are you?” It is very important to do that. We do not have to do away with electronic voting, proxy voting and protecting the vulnerable—by the way, I count as a vulnerable Member in these circumstances—but we can make the House work.

My plea to the Leader of the House is this: by all means carry on for the next month, but before we get to November, when we have to make the decisions about covid—not after covid either has or has not blown up—about the next stage of the economy and about Brexit, we must ensure that we do it with a full and properly functioning House.

--- Later in debate ---

[Mr Rees-Mogg]

I am very keen that more Members should be present, and I would say that these motions are permissive—they are not compulsory; people do not have to appear remotely. However, it seems sensible to keep the opportunity for remote participation, because some Members may prefer to appear remotely if the area they represent is in a local lockdown. They would not be obliged to, because there is an absolute right to attend Parliament, but they may prefer that in those circumstances, and that ought to be facilitated. It ought to continue until we are confident that there will not be further local lockdowns. That is a reasonable position to have. It may be that the House will think that it should be more tightly drawn, but I do not think that is the consensus of the House at the moment. Members do not have to appear remotely, and I certainly encourage them to be here in person.

[Mr David Davis]

I do not think for a moment that we should do away with the ability of vulnerable Members to take part remotely, be it through voting or taking part in debate—it is too soon for that. There is no doubt about that. However, I wish to come back to the point about spontaneity and controversy in this House. Everything my right hon. Friend said before, resting on Public Health England and other “august” authorities, depended on ignoring what my hon. Friend the Member for Christchurch (Sir Christopher Chope) and I have said about testing. If this House undertakes proper testing—it is now technically possible to test, in 90 minutes, every Member of the House every day, if need be—this House could return to being what it was before, in short order.

[Mr Rees-Mogg]

The problem with testing is that it tells us only whether someone has this virus; it does not tell us whether someone is in the process of developing it. Therefore, as I understand it—I am not pretending to be the Health Secretary—if someone tests negative in the morning, they may, none the less, have caught it the night before and be positive by the vote at 10 pm. Therefore, much as I wish that what my right hon. Friend was saying were the case, I do not think it is as straightforward as that.

House Business during the Pandemic

David Davis Excerpts

Monday 8th June 2020 Commons Chamber

[Mr Harper]

My right hon. Friend is exactly right and makes that point very well. What is unique to us is that, even if a Member can send their children to school as a key worker, the children may go to school in the constituency, so if they cannot access paid childcare or family, the Member cannot perform their duties here. As I said, the Prime Minister himself accepts that that is a perfectly valid reason for not being able to attend. Such Members need to be able to participate in this House virtually and to vote by proxy.

The last point I wanted to draw to the attention of the Leader of the House is about legislation—the coronavirus regulations, which are the greatest restriction on liberty that we have seen in this country outside wartime, and perhaps ever. I accept that the first set of regulations were made by the Secretary of State using emergency powers under public health legislation and were not voted on by this House before coming into force, but those regulations have now been amended three times, and I do not think the urgency provision can really be brought into force, although the Secretary of State says it can. We have the absurd situation now where there have been two sets of amendments and the regulations have been amended a third time before this House has even had the opportunity to vote on the second set of amendments.

The importance of that is illustrated by the events of the weekend. Under the third set of amendments, which have not yet been debated and voted on by this House, any gathering of more than six people is unlawful—it is against the law. So every single person who attended one of those demonstrations at the weekend was committing a criminal offence. The point about the debate in this House is important because I suspect many of those people were not aware that they were committing a criminal offence and this House has not had the opportunity to decide whether restrictions on protest are acceptable—

[Mr David Davis (Haltemprice and Howden) (Con)]

Will my right hon. Friend give way?

[Mr Harper]

I will not, because I have only 30 seconds left. The House has not had the opportunity to decide whether the restrictions on protest are a proportionate mechanism for dealing with the coronavirus. So I ask the Leader of the House to make sure that these two sets of regulations are debated and voted on by this House at the earliest possible opportunity. May I also suggest that, if the Secretary of State makes any further amendments, he does not use the power to do so without this House having had the opportunity to take that decision itself?

--- Later in debate ---

[Mr David Davis (Haltemprice and Howden) (Con)]

I will start by saying that I agreed wholeheartedly, and almost entirely, with the right hon. Member for Orkney and Shetland (Mr Carmichael), who opened the debate, and with every word of the remarks by my right hon. Friends the Members for Staffordshire Moorlands (Karen Bradley) and for Forest of Dean (Mr Harper). I agreed with the Leader of the House when he said that democracy is not an optional extra, or words to that effect, but the operation of democracy today, as we observe it in the House, is more enfeebled than I have seen it in 33 years here. That is a tragedy of the Government’s making, and one that we need to fix as soon as possible.

The aim of the House is to hold the Government to account, but also to drive the direction of policy. If the Leader of the House wants to see how that is not working properly, an example was given earlier: the six-person limit on gatherings, which has not been enforced of course, and truthfully cannot be enforced in a democracy. That would never have happened had the measure had to go through the proper procedures of this House. Similarly, the daft quarantine regulations we now have would never have survived the normal procedures of the House. Democracy is critical to good government, and that is not what we are seeing here today. I know it has always been an ambition of the Leader of the House to make the European Parliament look great,. Well, he has succeeded today.

I have one controversial point to make, which comes down to this: this House has no life. It does not challenge Ministers properly. It must be the easiest thing in the world—I have done this a few times—to come to the Dispatch Box and deal with this House as it currently stands. A large part of that arises because of the 2 m rule, and the fact that we can have only 50 people in the Chamber. The atmosphere, drive, ferocity, and the mood of the House just does not exist.

We have to think about how we get back to normal, and how quickly we can do that. Clearly, we have to do it in a safe way, both for ourselves and as an example to our constituents and the country. I can think of only one way that could be done. According to Government numbers, we currently have a surplus of 80,000 tests a day. So we are not short of tests anymore. We may not be exercising them all, but we have that surplus. Austria, at Vienna airport, manages to carry out tests in two to three hours, from test to result. Will the Leader of the House consider instituting that here? Every morning between 8 am and 9.30 am, and perhaps if we start late until 12.30, every person who comes into the Chamber could be tested and then we would not need the 2 m rule anymore. Then we can suddenly have back the Parliament that was, and is, the envy of the world.

Business of the House

David Davis Excerpts

Thursday 19th March 2020 Commons Chamber

[Mr Rees-Mogg]

I am grateful to the hon. Gentleman for the tone and the interest of his proposals. Everybody is open to ideas as to how things might be done differently and what the needs are on attendance. Mr Speaker received a letter from the Chair of the Procedure Committee, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), that sets out options for how Select Committees may be able to carry on with their important business without meeting in person. Parliament will consider what steps can reasonably be taken to allow things to be done remotely. It may be difficult to recreate the Chamber remotely, but there are certainly options with Select Committees and they are being considered.

The Government share the hon. Gentleman’s concern about people profiteering from the crisis and are aware that some people are behaving extremely well and others are using this as an opportunity. One has heard stories of people charging exorbitant prices for hand sanitiser, loo roll and so on, so the Government are aware of the issue and will act if necessary. As yet, it does not seem to be so widespread a problem as to require Government action, but we are not ignoring the point.

On universal basic income, the Government are willing to consider all ideas. Lots of ideas are coming in. The priority is to proceed with things that can be implemented rapidly and for which systems already exist. It may prove difficult to introduce entirely new systems, but I am sure that the Prime Minister, having said that he is open to meetings on this matter, will prove open to meetings on this matter.

As regards the week after next, the House voted for the recess dates, but it can obviously vote for new recess dates. We want to maintain flexibility, because I cannot make an absolute guarantee that all the emergency legislation that could possibly have been thought of is in the Bill coming before the House today. There may be other things that we need to legislate on, and there is also a demand for scrutiny, so we have to get the balance right. Nothing will be done without consulting the Opposition parties—I emphasise the plural.

[Mr David Davis (Haltemprice and Howden) (Con)]

The Opposition have a serious point in terms of the duration of the debate on the emergency legislation, given that it appears that we will debate it only for one day. There is a qualitative difference between a single-day debate on major legislation and even a two-day debate. I know that the upper House has different constitutional arrangements, but can the Leader of the House tell us how much time he expects it to spend considering the legislation, before it sends it back to us?

[Mr Rees-Mogg]

I note my right hon. Friend’s point, of which the Government are aware. The Bill needs to progress with support in this House. Emergency legislation is best done and tends to go through successfully only when there is widespread consensus, so his point is important. Unfortunately, I cannot say what proceedings will be in the other place, and I do not think it would be right for me to try; it would be slightly impertinent of me to say what their lordships will do.

Business of the House

David Davis Excerpts

Wednesday 3rd April 2019 Commons Chamber

[Sir Oliver Letwin]

The idea that after all these years of many charming conversations with my hon. Friend that I would not accept that he might often have a very different view from mine is of course fanciful. I entirely accept that he might have a very different view from mine—he very probably would do.

On this particular point, I do not think that the Gina Miller case is relevant, because the decision by the Supreme Court in that case was in essence based on the question of individual rights. The argument, whether right or wrong, was that in invoking article 50 there was an attempt to use the prerogative power in a way that the Supreme Court believed would arguably deprive individuals of rights. No one can argue that seeking an extension of the existing position, which is that we are in the EU, deprives anyone of their rights. I therefore very much doubt that the Gina Miller case could be used as a means of injuncting the Government to seek parliamentary approval.

In this case, in any event, we have empirical proof. As my hon. Friend the Member for Dover pointed out, the Prime Minister has already sought an extension, and she did that quite properly without asking the approval of the House of Commons. Therefore, she and the Government lawyers on this occasion obviously agree with me. I accept that my hon. Friend the Member for Stone (Sir William Cash) might well be right and the Government lawyers wrong, but at least I have some backing on the matter.

[Mr David Davis (Haltemprice and Howden) (Con)]

I am worried about the process we are debating. My right hon. Friend knows that I concern myself with process and, indeed many times in government I fought his corner on process, unbeknown to him. The last time that we took such a controversial Bill through the House so quickly was actually on the day when he became the Chancellor of the Duchy of Lancaster. The Data Retention and Investigatory Powers Bill went through almost equally quickly with equally strong, powerful arguments. The hon. Member for West Bromwich East (Tom Watson), now the deputy leader of the Labour party, and I spent nearly a year and a half in court challenging the quality of the decision on that Bill. We won and in effect had it struck down. Does my right hon. Friend not worry about the quality of what he is doing today?

[Sir Oliver Letwin]

In a word, no. That piece of legislation was a serious one with effects on a wide range of our citizens so, good or bad, my right hon. Friend did indeed conduct an enormously impressive campaign at a time when he was an outrider of the sort that I have found myself, in an unaccustomed way, forced into being in the past few months. He was highly successful at it. This is a very different kind of Bill, because all it does—as the House will see when we come to consider it—is to enjoin Ministers to put propositions to Parliament. I do not think that that can possibly be regarded as a very dangerous or controversial activity. It might be one that some of my hon. Friends do not wish to see happen—a perfectly legitimate political dispute—but it is not a case in which in the interstices of the law lie questions of freedom.

Proxy Voting

David Davis Excerpts

Monday 28th January 2019 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

I commend the Leader of the House and the right hon. and learned Member for Camberwell and Peckham (Ms Harman) for pursuing this proposal. I also commend the hon. Member for Hampstead and Kilburn (Tulip Siddiq), who is not with us but will perhaps be the first gainer from it.

This proposal is overdue. Unlike my right hon. Friend the Member for Basingstoke (Mrs Miller) who wants radical change quickly, I am an incremental reformer of the House because reform of the House has unexpected consequences. This proposal, however, is overdue. It is overdue because pairing is obsolete. As the hon. Member for Wolverhampton North East (Emma Reynolds) made plain, in today’s politics being absent is not good enough. Whatever the real reasons, the public will not forgive us for not being there, so it is absolutely necessary that we put this measure in place and keep it after the year is up. I have no doubt that that will be the outcome.

There will be issues, some of which my hon. Friend the Member for Shipley (Philip Davies) raised. His concerns are not always popular in the House, but some of them are real. Quorum will be a serious issue on Fridays and so on, so we must deal with that. I agree entirely with his amendment on miscarriage. That should go nem con, as it were. He raised the issues of serious illness, irrespective of who the Member is, of being a primary carer for somebody who is seriously ill, and of the death of a close relative. The public will see it as necessary that we address those issues to maintain the fairness of this proposal. It is important that, in the public eye, we maintain the view that this is a fair and sensible proposal. I say to the Leader of the House that, although there will be a one-year review, I hope we will look at those issues before the year is up.

[Mike Wood (Dudley South) (Con)]

Like my right hon. Friend, I strongly support these proposals. To support the immediate point he is making, two years ago today is the day that I went into hospital, and as some Members know, I was in a coma for 11 days, during which time I missed the Second Reading of the European Union (Notification of Withdrawal) Bill, which attracted the kind of criticism that the hon. Member for Wolverhampton North East (Emma Reynolds) referred to. Although it is difficult to know quite how I could have appointed a proxy in those circumstances, does my right hon. Friend agree that we must ensure that, when people are ruled out of participating in parliamentary affairs, they can still represent their constituents?

[Mr Davis]

My hon. Friend is entirely right. It is important, in this context, that we do not throw the baby out with the bathwater—that is a terrible metaphor, now that I think about it. The simple truth is that we must retain our ability to do our job in a way that the public accept is fair, sensible and effective.

[Rebecca Pow (Taunton Deane) (Con)]

My right hon. Friend is making a very powerful case. Having three children, I fully support this move to help with maternity, but I want to make the case for people with relatives who are seriously ill or have died. At the moment, it is unbelievably stressful, because one has to wait to be with that person to see whether somebody on the other side of the House is also in the same boat so one can be paired.

[Mr Davis]

That is the last intervention that I will take, Mr Speaker, because I will finish in about 10 seconds.

This is a massively important issue and I hope we will carry it nem con tonight, but we must understand that this will not be the end of the reform. It will lead to a series of reforms that are right and proper for this House and will improve our Parliament.

Points of Order

David Davis Excerpts

Thursday 12th May 2016 Commons Chamber

[Mr Speaker]

I am very grateful to the hon. Gentleman for his point of order. Let me say the following. First, in so far as he has a concern about what he describes as the use of the Dispatch Box for “vicious party political campaigning”, that is somewhat beyond my purview. I have no ambition to try to bring an end to such activity, and I do not think that ambition would be a realistic one.

Secondly, the hon. Gentleman has made his concern on this matter clear. As I said on Monday in response to his point of order on that occasion, what is said in this place by any Member—any Member—is the responsibility of that Member. It is for the Leader of the House to decide whether he wishes to correct or to clarify what he said about this matter. The hon. Gentleman referred to “vicious party political campaigning”, but, in trying to be helpful to him, I detect that what concerns him is what he judges to be an incorrect, inaccurate or false personal attack. My answer to that is that each Member must take responsibility. Members have parliamentary privilege. That parliamentary privilege must be used with care and responsibility. If it is not, it is damaging to the doctrine of parliamentary privilege and to the rights not only of the Member concerned but those of Members across the House. Whether it is necessary for anything to be said by the Leader of the House is not, at this stage, something that I can possibly judge. However, I have tried to give as full and fair a response to the hon. Gentleman as I can.

[Mr David Davis (Haltemprice and Howden) (Con)]

On a point of order, Mr Speaker. This is similar to the point of order made by the hon. Member for Kingston upon Hull East (Karl Turner). It is about qualified privilege, public record and the protection of the reputation of ordinary citizens, not necessary political people. On 20 April, in response to a parliamentary question, the Prime Minister referred to Mr Suliman Gani and said, “this man supports IS”—Islamic State. That is an incredibly serious allegation, with massive reputational implications. It might restrict somebody’s right to travel, perhaps to the US, and it could even put his safety and that of his family at risk.

It transpires that the allegation was not true. On Monday this week, I wrote to the Prime Minister asking him to correct this, and, to be fair, there was an apology and correction issued by a spokesman of 10 Downing Street yesterday. Of course, that did not have the same prominence as the original allegation and, in many ways just as importantly, does not correct the original allegation in the official record, which can still be published by others under qualified privilege—perhaps people who do not follow our affairs quite so closely. I am very concerned about the consequences of that, and I want to ask you, Mr Speaker, what can be done by the House or by the Government to protect people such as Mr Gani from the further consequence of a serious calumny—no matter how unintentional—against his reputation.

[Mr Speaker]

I thank the right hon. Gentleman for his point of order, and for his courtesy to me in providing notice of it. I understand that the Prime Minister has answered a written question on this matter today seeking to clarify what he said in the House, and this is available on the parliamentary website in the usual way. However, I appreciate that Members are here and they want a specific and informative reply. They may well not yet have consulted the parliamentary website.

The question was tabled by the right hon. Member for Broadland (Mr Simpson) and was answered by the Prime Minister. The Prime Minister has answered:

“I was referring to reports that Mr Gani supports an Islamic state. I am clear that this does not mean Mr Gani supports the organisation Daesh and I apologise to him for any misunderstanding.”

As I have said before—indeed, only a few moments ago, in response to the hon. Member for Kingston upon Hull East (Karl Turner)—what a Member says in this place is the responsibility of that Member. I reiterate, as I often do, that, while parliamentary privilege is an essential protection of free speech, all Members should reflect carefully before criticising individuals. As “Erskine May” notes, it is

“the duty of each Member to refrain from any course of action prejudicial to the privilege which he enjoys.”

I have already referred to the written answer, and the right hon. Member for Haltemprice and Howden (Mr Davis) has referred to what I understand to be an apology issued by a spokesperson last night. It is not for the Chair to require a Member to apologise on the Floor of the House, but it is perfectly open to a Member to do so, and good grace and magnanimity in these circumstances are, I know, always appreciated.

Council of Europe

David Davis Excerpts

Monday 16th November 2015 Commons Chamber

[Mr Paterson]

The hon. Gentleman is absolutely right. It is even more perverse than that, as for a couple of decades the Venice Commission has promoted the issue of Government neutrality in referendums.

Judges in the European Court of Human Rights are appointed for a seven-year term, which is non-renewable to protect their independence. How can members of PACE from the UK’s governing party express independent opinions in Strasbourg if there is a covert threat that their appointment will not be renewed if they step out of line with the Government’s wishes? Right at the heart of this issue is the question of the separation of powers; that is at the root of the whole debate. What could the Government possibly have to fear in trusting Conservative Back Benchers to elect Conservative representatives to the Parliamentary Assembly, as they do for departmental Select Committees?

[Mr David Davis (Haltemprice and Howden) (Con)]

I was tempted to raise this as a point of order. My right hon. Friend does not have to go to Europe to get the guidelines on this; he can look at “Erskine May”. On page 265, under the heading “Improper influence”, it says:

“Conduct not amounting to a direct attempt improperly to influence Members in the discharge of their duties but having a tendency to impair their independence in the future performance of their duty may be treated as a contempt.”

In other words, what the Government have done to Members of the House would be treated as contempt of Parliament if it had been done by anybody else in the country.

[Mr Paterson]

I am grateful to my right hon. Friend for his assiduous research. That is a most pertinent point. It is also particularly relevant when one considers the three characters in question, all of whom are established, respected, assiduous Members of this House.

My hon. Friend the Member for Christchurch (Mr Chope), if I may embarrass him first, has been on PACE for 10 years. He is the leader of the European Conservatives Group—a group with members from 17 countries. He sits on the Presidential Committee, which is made up of the President and the five group leaders. When my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) was Secretary of State for Wales, she guided a referendum so skilfully that none of us even noticed it. She is also Vice-Chairman of the Committee on Political Affairs and Democracy. My hon. Friend the Member for Gainsborough (Sir Edward Leigh), who sits on the Council’s Committee on Legal Affairs and Human Rights, has done splendid work highlighting the horrific persecution of centuries-old Christian communities in the middle east.

Parliamentary Assembly of the Council of Europe

David Davis Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

Mr Speaker, I would have thought that, after the ridiculous and mean-spirited attempt to get rid of you at the end of the last Parliament, the Government would have learned a lesson about taking punishment attitudes to appointments.

The PACE is not simply a representation for the Government in Europe; it is a representation for the House. The Assembly will become progressively more important as Europe becomes more unstable, and as matters such as the European convention on human rights become important to this Parliament. Will the Deputy Leader of the House therefore return to the House at a future date with a procedure for ratifying the proposal, so that the whole House can decide who represents it?

[Dr Coffey]

The convention has been that representation is split up by political party as represented in the House. Different political parties take different approaches on how they put forward their nominations. The Conservative party puts the decision in the hands of the leader of the party.

I should add for my right hon. Friend that there was no attempt by the Government on the last day of the last Parliament to remove you, Mr Speaker. It matters that that is very firmly put on the record.

Points of Order

David Davis Excerpts

Thursday 29th October 2015 Commons Chamber

[Paul Flynn]

rose—

[Mr David Davis (Haltemprice and Howden) (Con)]

rose—

[Mr Speaker]

I just want to hear some further observations on this matter. I call Mr Davis.

[Mr Davis]

Further to that point of order, Mr Speaker. I think we all agree with the right hon. Member for Gordon (Alex Salmond) on this, and indeed with the Leader of the House’s comments. However, the simple fact is that there have been many rumours that the Chilcot inquiry has been delayed by Whitehall not clearing things quickly enough, by not providing enough information and by challenging the ability to release information. It would be extremely helpful to the House if we could have a statement on this issue, and I ask you to encourage that to happen, Mr Speaker. Frankly, this is an insult and compounds the grief of the many families who lost loved ones in that war.

[Mr Speaker]

I say gently that I want to hear the points of order—we will hear from the hon. Member for Newport West (Paul Flynn) in a moment—but the Leader of the House was absolutely correct to say that it was not for him to pre-empt the delivery or publication of any letters. However, in the light of what I sense to be a strong feeling across the House, it would be extremely helpful if, when the Leader of the House is in full possession of the facts, he were to consider an early, short statement, on which there would be an opportunity for questioning, at the start of next week. I merely put that thought to him now. He will have an opportunity to reflect on it. Let us hear whether he wishes to say anything further in response to the right hon. Member for Haltemprice and Howden (Mr Davis).