Honesty in Politics

Martyn Day Excerpts

Monday 23rd October 2023 Westminster Hall

[Mrs Sheryll Murray (in the Chair)]

Before the debate begins, I remind Members that the motion is on a general topic. The normal rules about criticism of or accusations against Members of either House are not affected. I remind colleagues of the rules in “Erskine May” paragraphs 21.21 and 21.24 and, in particular, that “Erskine May” paragraph 21.21 makes it clear that it is not in order to try to evade those rules by quoting someone else’s words. I call Martyn Day to move the motion.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

I beg to move,

That this House has considered e-petitions 561730 and 576886, relating to honesty in politics.

Both petitions call for it to be a criminal offence for MPs to mislead the public or to lie in the House of Commons. I am delighted to see you in the Chair today, Mrs Murray, and equally delighted to lead this debate on behalf of the Petitions Committee. It is perhaps a pity that such major events are being discussed in the Chamber, or we would have had a larger attendance.

On a home visit just the other week to Blackburn, West Lothian, my constituent Glenn told me that

“the problem with Parliament is that it filled with”

a shower of “lying B’s”—Members can fill in the blank for themselves, but they will get the picture. In politics, public perception is everything, and even more so when the public are rightfully scunnered by the actions of some bad apples and by the non-correction of genuine mistakes. Addressing the issue is therefore crucial for all of us if we want to restore public trust in our democratic processes.

The Petitions Committee had to request a revised Government response to the first petition, “Make it a criminal offence for MPs to mislead the public”, because the Committee did not think that the Government’s original response directly addressed the petition’s request. The Government’s revised response stated categorically that the Government

“does not intend to introduce legislation”,

citing the MPs’ code of conduct and the Parliamentary Commissioner for Standards as suitable substitutes. However, I met with the Constitution Unit, the Institute for Government and Full Fact ahead of this debate, and we all agreed that those are not appropriate mechanisms to deal with the problem of MPs’ misleading the public or lying in Parliament. That the Government had to be asked for a response that actually addressed the petition’s request is an indication that this issue was not given due and proper consideration. I hope that today’s debate will correct that, and that agreement can be reached on how we achieve a mechanism that alleviates the existential high public concern over MPs’ misleading Parliament.

Both petitions are now closed, and over two years have passed since the Government responded to them. I will refer to the responses further during my speech, but it is appropriate at this early juncture to state the obvious: events have passed relating to this matter since the responses were given. Indeed, I will discuss one of those events at length to demonstrate how the current Commons procedures hinder accountability for MPs who mislead or lie. It will be interesting to learn whether the responding Minister agrees with the Government’s historical responses, or whether the passage of time and related events have since been given due consideration.

By way of background, it is relevant to note that this debate was originally scheduled to take place on 6 June 2022. However, it was delayed by the related event that I will discuss: an investigation by the Committee of Privileges on a matter referred to it about the conduct of the former Prime Minister and Member for Uxbridge and South Ruislip, Mr Boris Johnson. It concerned whether Mr Johnson misled the House of Commons and whether, in its nature, his conduct

“amounted to a contempt.”

That is an important word to which I will return very shortly. I raise the Privileges Committee’s inquiry because its investigation of six gatherings between 20 May 2020 and 14 January 2021 at No. 10 Downing Street, during Mr Johnson’s residency, substantiates the petitioners’ concerns, even though the gatherings were not public knowledge when the petitions were started in November 2020 and April 2021.

I recently met Mr Baccas, the creator of petition 561730, entitled “Make it a criminal offence for MPs to mislead the public”. I asked him what led him to start the petition more than a year before the allegations that covid rules had been broken in No. 10 emerged. He told me that it was due to the lies that had been told in relation to Brexit, and that he had been influenced by the failed legal challenge on the ground that Mr Johnson had

“repeatedly lied and misled the British public as to the cost of EU membership.”

I am spotting a pattern here.

Mr Baccas believes that if an MP “intentionally or recklessly” does not speak the truth or misrepresents facts, they should face sanctions in the same way that other public servants would. It is simple: as public servants, MPs should face tangible accountability. Mr Baccas further believes that this would improve the quality of our politics, and I am inclined to agree with him. He shared his disappointment at what he described as the Government’s “expected response” to his petition, and revealed that his intention had been that the anticipated response would put on the record, and thereby highlight, the poor quality of UK politics. I agree that the response reflected the poor quality of our politics currently.

Mr Baccas added that he understood it was not in the Government’s interest to face sanctions for misleading people. I believe that self-interest should not be so apparent, given that the Government are supposed to serve the country and that MPs are elected to serve their constituents. Mr Baccas agrees, pointing out that it is in the interest of voters that MPs are expected to tell the truth due to the impact they have on other people’s lives. He believes that MPs are guardians of the morals and standards that create a civilised society, and that they should set an example to which the population aspires. In Mr Baccas’ own words:

“If MPs cannot be relied upon to maintain those standards, why should the electorate maintain them? The passive attitude towards dishonesty in politics opens the door to the breakdown of civilised society.”

Who can argue against improving the quality of our politics? I thank Mr Baccas and all the petitioners for making today’s important debate possible.

After allegations emerged about the Downing Street gatherings in December 2021, Mr Johnson proceeded between then and May 2022 to make over 30 statements to the House of Commons about compliance with covid rules and regulations in No. 10. The Committee of Privileges concluded that Mr Johnson’s statements “misled the House”, and it shared its provisional conclusions with him on 8 June 2023, inviting him to make further representations. That led to Mr Johnson announcing his intention to resign the next day, with his resignation being confirmed three days later. The fact that he made a statement ahead of the Committee’s final report being published on 15 June, knowing that the Committee would not be able to respond publicly, is significant. Indeed, Mr Johnson’s conduct on 9 June was considered

“in itself a very serious contempt”.

That brings me back to the importance of the word “contempt”. It strikes me that, in this context, the word is important for two main reasons. First, the House of Commons initially referred the matter to the Committee of Privileges to consider whether Mr Johnson’s statements amounted to a contempt. The reason for doing that is that, in parliamentary terms, the word refers to a contempt of privilege, which describes any act that might disrupt Parliament’s work. Additionally, the Committee’s final report used the word repeatedly, indicating its thoughtful consideration, and concluded that:

“Mr Johnson’s conduct was deliberate and…he has committed a serious contempt of the House.”

When the final report came to the Commons for debate on 19 June, the word “contempt” was again used multiple times by Members of different parties. On that day, I joined 353 other Members in approving the Committee’s findings. This is an opportune moment to thank all members of the Committee of Privileges for their diligent work in producing its final report. To be clear, the Committee found that the work of the House had been frustrated by the highest office of Government, and the House of Commons agreed with its findings.

The second main reason why the word “contempt” is important is that the seriousness of the findings is not reflected in the consequences, given that expulsion from the House is the worst penalty a Member can face when they do not speak truthfully in Parliament. Being expelled from the House pales in comparison to the penalties for committing a contempt of court, which can see someone going to prison for up to two years, getting a fine, or both. Being expelled from the House pales in comparison to the legal framework for coronavirus restrictions and fixed penalty notices, some of which amounted to thousands of pounds that ordinary members of the public had to pay.

Let us bear in mind that a false statement made in court amounts to perjury, or lying under oath—a crime treated with great seriousness because the very foundation of the legal system depends on trust and credibility. Let us remember that in many cases perjury leads to justice being perverted. The very foundation of democracy also depends on trust and credibility. Democracy must not be perverted, especially by those who have been entrusted to defend it. Why should lying in Parliament not be treated with the same seriousness?

Contempt is usually associated with legal jargon and is defined as disobedience to or disrespect for the rules or orders of a court or legislative body. The House of Commons is not a court, but it is a legislative body that debates and passes new laws, and changes existing laws as required. The Government introduce most plans for such laws and the Government actively seek public comment on some of the legislative change that they wish to pursue. For that reason, the Government should be cognisant that in this case the rules are perhaps reversed, and the public is asking them to

“introduce legislation to make lying in the House of Commons a criminal offence.”

Why should they not comply with such a reasonable request? After all, it is the collectively held will for the common good that forms the political legitimacy of the social contract and determines that we should all live by a common rule. Why should introducing legislation to make lying the House of Commons a criminal offence be opposed? Or is it indeed a case of one rule for them and another rule for everyone else?

Both petitions are clear that trust, truth and honesty are crucial elements in a modern democracy and that lying in Parliament should carry the same penalties as lying in court. I agree with the sentiments of the nearly 244,000 people who felt compelled to sign the petitions. As Members take an oath before they can take their seat in the House, just as anyone does ahead of appearing in court, the same principle should be applied to this legislative body as in a court.

Let us look again at the Government’s response, which states:

“Once elected to Parliament, all MPs must abide by the seven principles of public life which form the basis of ethical standards expected of holders of public office. These are set out by the Committee on Standards in Public Life and are: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.”

Honesty is there, but should truthfulness be introduced as an eighth principle in public life just for the avoidance of doubt?

The MPs’ code of conduct states,

“Members have a duty to uphold the law”

and it is part of the parliamentary commissioner’s job to oversee the code of conduct. Despite the Government’s response citing the MPs’ code of conduct and the Parliamentary Commissioner for Standards as suitable substitutes to legislation, it is noted in the code of conduct’s procedural protocol that

“The Commissioner cannot investigate allegations solely about breaches of the Seven Principles of Public Life.”

Will someone please enlighten me as to what sense these myriad procedures make? We have only to look at the length of time between public concerns being raised about Boris Johnson misleading the public and his referral to the Committee of Privileges to see that

“the hurdles to achieve this are very high.”

As the director of the Constitution Unit points out,

“In any less extreme case even triggering an investigation to examine the facts might have proved politically impossible.”

Would it not be more straightforward to make lying in Parliament to be an offence?

The UK Government should take the number of petitioners that want legislative change as a clarion call that legislative change is not just desired, but necessary. We must never forget that we are elected by people across the UK to represent their interests and concerns, not our own. We must never forget that as MPs our primary privilege is that we are elected to serve our constituents, not ourselves. We must also never forget that one of our duties, as laid out in the MPs’ code of conduct, is that we should act on all occasions in accordance with the public trust placed in us. At the very least that must mean being truthful.

It is a sign of the backwards nature of the Westminster system that in February 2022, after both of the petitions had closed and it was obvious to many that lies had been told, the then SNP Westminster leader, my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), was forced to leave the Chamber for telling the truth. At the same time, the then Prime Minister, who happens to be the guardian of the ministerial code, was able to use his position to spread misleading information and rebuke facts through lies, without recourse or accountability. The hon. Member for Brent Central (Dawn Butler) was also ejected for calling Boris Johnson a liar—she was expelled for telling the truth. This madness places a stain on both Members’ parliamentary records for getting it right. Can the Minister put on the record whether either Member has even received an apology?

When the House of Commons’ rules eject Members from the Chamber for calling out dishonesty, the rules are clearly not working. Parliamentary privilege grants Members the right to speak freely without fear of legal liability or other reprisal, but that privilege has been abused, and that abuse goes against our code of conduct with little repercussion. We should grab the opportunity to examine the challenges and complexities of this matter and come together to find a solution that works. Legislation should be brought forward that prevents the trust between Government and those who are governed being further eroded. It should be done at the earliest opportunity, so we can move the backward nature of this Parliament forward.

--- Later in debate ---

[Martyn Day]

We have had a good and wide-ranging debate. We have probably only scratched the surface of what could have been said. We have heard, basically, that it is very difficult for Members who genuinely wish to correct inadvertent mistakes to do so, and it is nigh-on impossible to hold people who deliberately mislead Parliament to actual account. There is no ultimate sanction other than the electorate at the ballot box, and that is not a proper sanction at all.

There is definitely something that we need to do if we are to restore public faith in our democratic processes. We have to send a message that honesty is not out of fashion, and the debate we have had today has helped to do that. We have got to ensure that there are repercussions when people wilfully mislead Parliament, and I hope the Minister will reconsider his position.

Question put and agreed to.

Resolved,

That this House has considered e-petitions 561730 and 576886, relating to honesty in politics.