Standards: Code of Conduct and Guide to the Rules

Wendy Chamberlain Excerpts

Monday 12th December 2022 Commons Chamber

[Penny Mordaunt]

I am grateful to the hon. Gentleman for raising this point, because this does apply to those on his side of the House: among his colleagues on his Benches there will be trade envoys and other people undertaking work for the Government, and this will apply to them. I do not disagree that there should be parity between the two systems in access, transparency and timeliness; what I am saying is that the way in which the Committee has suggested this happen in amendment (b) will fail, and in a few months’ time—beyond March, when this system will come in—we will be in a position where we can succeed. That is what I am setting out for the House; it is for Members to decide, and they can vote whichever way they like. I am just apprising them of the facts. Anyone who wants to come and look at the audits I have done will regret it, but they are more than welcome.

[Wendy Chamberlain (North East Fife) (LD)]

Given that we have not had ministerial reporting since the end of May 2022 and the Leader of the House is now asking us to give her more time to bring a process into place, when can we expect to see up-to-date ministerial reporting?

[Penny Mordaunt]

As I have outlined in my speech, the new guidance has been put in place and will come into effect this spring. By the time the Committee wants the reforms we are voting on today to come into effect, Whitehall will be back up to what it is supposed to be doing now, and I think a few months after then, as we head into summer, we should have a system in place that will enable us to report at the same timeframes as MPs’ interests. Then we can potentially look at moving to having just one system rather than separate reporting by each ministerial Department. Those are the conversations I have had with the propriety and ethics team.

The effectiveness of our standards system and the code of conduct rests on its commanding the confidence of both the public and Members on a cross-party basis. Approval of the proposed reforms and strengthening of the rules will represent an important step towards restoring and strengthening trust in our democratic institutions. We support the work being done to undertake and introduce measures to empower the standards system in Parliament, and I am committed to continuing conversations both within Government and with parliamentary colleagues to continue to bring forward any further improvements proposed by the Committee on a cross-party basis.

I assure the House that my door is always open to discuss these matters with all Members. I hope that hon. Members will approve the reforms in the main motion, which I commend to the House. I thank the Committee for its work.

--- Later in debate ---

[Wendy Chamberlain (North East Fife) (LD)]

I thought I would start by reflecting on something the Prime Minister said back in his days as a junior Minister in the then Department for Housing, Communities and Local Government:

“The conduct of local councils and their councillors has a direct impact on the reputation of an area and of their fellow members. Their ability to lead a community and impact the lives of all those they serve is significant, and it is only right that they are held to a high standard.”—[Official Report, 25 January 2018; Vol. 635, c. 521.]

He was speaking in his role relating to local government, but as we again debate how we carry our duties, those words are incredibly relevant to why this issue is important. We could equally say that the conduct of parliamentary parties and their MPs has a direct impact on the reputation of a country and their fellow members—or even the conduct of the Government and its Ministers.

The Prime Minister said it himself: how elected officials behave matters immensely for their institution and for the people they serve. That is why I am pleased that we have consensus on some much-needed improvements to our code of conduct, which will come in as a result of this motion, but it is also why I am disappointed that the Government are failing to implement the code of conduct as recommended by the Committee in its entirety. I hope the Prime Minister has not changed his mind on the importance of integrity in public life since taking senior Government office.

I place on record my good wishes to the Commissioner for Standards, Kathryn Stone, as she departs her role at the end of the year, and thank her and her team for their efforts to date. Several hon. Members have brought up the Owen Paterson vote in November last year. Part of my own compunction to table the application under Standing Order No. 24 after that debate was driven by the importance of understanding—given that we all make decisions here as individual Members about what we hear during debates—that what we do and say in this House can have a direct impact on those outwith it. I know the abuse the Commissioner for Standards experienced following that debate.

I will start with the first of the two amendments tabled by the hon. Member for Rhondda (Chris Bryant), amendment (a)—I, too, thank the Standards Committee. I have put my name to both amendments, because it seems frankly ridiculous that in this place of a million minute rules the Government would push back on something so sensible as tailored descriptors for the Nolan principles.

That makes me think of my own time in HR. I worked for multinationals and in the public sector, and in many of those organisations there were behaviours or soft skills that all people within an organisation would be assessed against in their appraisals. We provided guidance so that the chief executive of an organisation and somebody on the shop floor were assessed in relation to those behaviours at the level that was appropriate to them, and that is exactly what these descriptors are setting out to do.

The argument that the Government are making is that we do not need any guidance, but basic logic tells us that broad principles such as openness and leadership will mean different things to people carrying out different functions. As the hon. Member for Rhondda said, the Committee on Standards in Public Life acknowledged that in its 2015 report looking into how regulators embody those principles. For example, in the case of a regulator, selflessness—it is funny that we all seem to have touched on selflessness in this debate—means putting aside their own views and opinions, something that we as MPs we definitely do not do. For us, I believe it means ensuring that we cannot be compromised through any outside interests. I would argue that those two ways of interpreting the first Nolan principle for those in different sorts of public office are entirely compatible, and I can see no problem in giving specific guidance to Members, to regulators or, indeed, to any other office holder. In fact, I would argue that additional guidance benefits Members.

It is 12 December 2022. I think we were all up to something else exactly three years ago today. When I came to this place the following Monday, it was pretty overwhelming. There are lots of rules, customs and corridors to get lost in, and constituents instantly need help. But I can also imagine that for someone who has been here a few years, it might feel easy to feel too comfortable and simply to let things slide when we should, arguably, know better. We should never allow a lack of knowledge, or complacency, to be a barrier to how we conduct ourselves in this place. Guidance is arguably a way to help us in that. It sets expectations both for those following the rules and for those making the judgments on whether those rules have been adhered to.

Turning to amendment (b), I would like to hear from the Leader of the House why she does not support bringing the process for Ministers to declare gifts, hospitality and so on in line with that for other Members. Perhaps she will try again to argue that it is justified on the basis of the separation of powers, as she did when we debated this in October, but I simply do not buy that. Separation of powers takes place when the Government and the legislature are, well, separate. But in case the Government have forgotten, they too are Members of this legislature. This is a combined system—that has its pros and cons—but it is not separate. Even if it were, I just do not find it acceptable to argue that being in Government rather than on the Back Benches means being subject to less scrutiny, and I am pretty sure that my North East Fife constituents do not think so either. I would think that is the case for many Members in this House.

Perhaps I will be told that Ministers should be trusted to do the right thing, but we know that they get things wrong, as recent reports of Ministers using their personal emails for Government work, in breach of security, tell us. Clearly, it is easier for everyone when there is one straightforward system to be used so that mistakes cannot be made.

Furthermore, as colleagues have pointed out, Back-Bench MPs, and even Opposition spokespeople, have 28 days to register financial interests, which are then published every two weeks. We have had two Prime Ministers and countless Secretaries of State and junior Ministers—many of whom now sit on the Government Back Benches—since the last ministerial report was published in June 2022. That is simply not an equal system.

I am here representing my constituents, as is every single Member in this place. I remember the first Monday I was here. I saw the right hon. Member for—oh, I cannot remember where he represents, but I remember seeing him as he was getting coffee and thinking, “Oh my goodness! That’s such and such.” And a little voice in my head said, “No, at this moment in time, he is in exactly the same job as you: he is here to represent his constituents.”

What the Government are proposing is not an equal system. This country rightly has high standards for politicians to meet, and I believe that the vast majority of Members want to put procedures in place so that we meet those standards. We will fail without this change. Ministers are Ministers because they are elected as MPs in the first place. Their constituents should be able to find information about them in one place.

I could go into further changes we need to improve standards in this place and the trust that the country places in us, about which we have heard from other Members, but, in focusing on the two amendments, I will keep it simple: vote for amendment (a) to make it easier for Members to keep to the high standards that we all want in this place. Vote for amendment (b) to make it easier for Ministers to demonstrate the integrity that we rightly demand. If the Government fail to do that, it will not just be them explaining why not; it will be all of us in this place. This Government decision impacts on us all in how we conduct ourselves here.