Committee on Standards

I inform the House that Mr Speaker has selected the amendment in the name of Valerie Vaz. I should also inform the House that the Order Paper today should refer to the report of the House of Commons Commission, “Lay Members of the Committee on Standards: Nomination of Candidates”, HC 437.

I beg to move,

That, in accordance with Standing Order No. 149A, Professor Michael Maguire CBE be appointed as lay member of the Committee on Standards for a period of six years, with immediate effect.

The motion today gives the House the opportunity to approve the appointment of Professor Michael Maguire CBE as a lay member of the Committee on Standards for a period of six years. Between 2012 and 2019, Professor Maguire was the Police Ombudsman for Northern Ireland. His previous role, from 2008 until 2012, was chief inspector of criminal justice for Northern Ireland. He will bring a wealth of experience to the Standards Committee.

The lay members of the Standards Committee play a vital role in providing an independent voice to the Committee’s decisions. When lay members were first proposed over a decade ago, the rationale given by the Committee on Standards in Public Life was that they would be

“a step towards enhancing public acceptance of the robustness and independence of the disciplinary process for Members of Parliament.”

The independent and impartial status of lay members is therefore critical to maintaining confidence in our process. If today’s motion is agreed, it will ensure that one of two lay member vacancies is filled with immediate effect. I ask the House to support Professor Maguire’s appointment.

Standing Order No. 149A requires that the House of Commons should decide on the appointment of lay members. It also stipulates that the decision should follow a debate of up to one hour. As I said in business questions on 22 October, it is only right that time is properly provided and that the House has the right to take a decision and debate a matter so that we should not assume that such a debate is simply a rubber-stamping exercise.

In the discussions I had yesterday, I was led to believe that the Government Chief Whip had indicated that the Government would be voting against that motion next week. That is the reason the amendment has been tabled tonight—for no other reason than because the Government were letting it be known that they were going to vote against.

It was a leader of the hon. Gentleman’s own party who once said that a week is a long time in politics and an opportunity for considerable discussion to take place.

Let me be clear: across public appointments as a whole, political activity is not and should not be a bar to appointment. Membership of a political party is an important right under freedom of association. However, some public appointments will necessarily be independent, and individuals must ensure they are separate from party politics precisely because of their public functions. This is especially the case for quasi-judicial or disciplinary roles, as in this case. The Standards Committee is an especially sensitive parliamentary Committee, with significant powers to adjudicate on the conduct of Members of Parliament. Its lay members must be able to command absolute trust and confidence across the whole House.

Will my right hon. Friend confirm that it is vital for lay members of the Standards Committee not only to be impartial but to be seen to be impartial?

My hon. Friend makes an absolutely right and important point. The perception of impartiality is as important with lay members of the Standards Committee as the reality, and just because somebody says “I am impartial” does not mean that they are necessarily impartial or that others will accept that assurance.

I very much regret it, but I do not think I can support my right hon. Friend on this particular matter, because I do not believe that being a member of a political party makes someone incapable of being impartial. Indeed, all the members of the Standards Committee who are Members of this House are members of political parties and we strive to be impartial, but my right hon. Friend has just indicated that we are not capable of doing that. Will he explain what he thinks was wrong with the appointment process that arrived at these two names? If there was no unauthorised departure from the appointment process—this is a question not of rubber-stamping but of making sure that a proper appointment process has been followed, and that seems to be the case—for us just to say, “We don’t like the look of this particular person so we are not going to approve them” does not seem to me to be a respectable way to conduct the business of this House.

Had my hon. Friend been a little more patient, he would have heard more details and might have come to an understanding of why the motion has been introduced. I disagree with him: this House, when a motion comes before it, has a right to make the decision. Motions of this House are important and our Standing Orders provide for an hour’s debate; they do that not for entertainment value but to ensure that the House is satisfied with the appointments process. It is important that if the House is not satisfied with the process, it has the right to debate it. Let me continue, because if I do, I think my hon. Friend will see why the opposition to this particular individual has arisen and why the question over impartiality is quite fundamental.

I became immediately concerned on learning from House of Commons Commission papers that this candidate was a member of an unspecified political party. It was not material to me—I said this both in the Commission and to my private office—which political party she belonged to—[Interruption.] I said that in the Commission. The point of principle that mattered was that the politicians on the Standards Committee should be the Members of Parliament, not the lay members.

Will the Leader of the House confirm that both he and my hon. Friend the Member for Broxbourne (Sir Charles Walker) first raised objections before knowing which political party the person was a member of?

My hon. Friend is absolutely correct—that is absolutely true. The initial Commission papers did not say which party, and both my hon. Friend the Member for Broxbourne and I raised exactly the same concern before we knew that it was a member of the Labour party under question.

The Leader of the House is a member of the House of Commons Commission, which is of course responsible for the oversight of the whole process, including the issuing of the recruitment pack, which specifically indicated what party political activity would and would not be acceptable in a candidate for appointment. Why did he not raise his objection about the nature of the political activity that would be acceptable at the time that the Commission commenced the recruitment?

The Commission looked at a broad paper setting out the way the recruitment would take place; it did not look at the details and the questions that the Committee would ask in terms of political affiliation. The issue—[Interruption.] That is just such a fatuous point. It is not about packing it; it is about having people who do not have a political affiliation of a recent kind.

As I said, objections were raised before we knew what party this lady belonged to, because the politicians on the Standards Committee are the Members of Parliament, not the lay members, who need to be impartial. Lay members should be genuinely independent and that did not seem to be the case, so questions were raised. It was at that point that it emerged that Ms Carter had joined the Labour party this year to vote in the Labour party leadership election. It seemed to me that anyone who had recently joined any political party in order to cast a vote in favour of an individual to lead that party, believing that doing so would ensure a viable Opposition, would find it hard to persuade people that they were genuinely impartial. Under those circumstances, it is perhaps not surprising that the House of Commons Commission did not achieve consensus in approving the appointment.

In the light of this candidate’s noted support for one particular Labour leadership contender over another, I find myself in the perhaps unexpected position of juggling the interests of the rival factions of the Labour party. A lay member of the Standards Committee should be impartial towards politics that I do not like as well as politics that I do like.

As Leader of the House, I have a responsibility to all Members to protect their interest, which extends to all Members who competed in the Labour leadership election, some more successfully than others. Let me ask the House what view it would have taken of somebody who applied to join the Standards Committee who had joined the Conservative party just to vote for my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) in the Conservative leadership contest because they believed in the need to get Brexit done. Under those circumstances, we would not be having this conversation. The same principle applies to somebody who joined the Labour party to support one particular candidate.

The Leader of the House just said that this individual is a member of a faction. Is it not the case that the individual might have just wanted to vote for one candidate? Does he have any evidence that she is organised as part of a faction within the Labour party, because that is what he just implied?

The point is self-evident: if somebody joins a party specifically to vote for X, they also specifically vote against Y. Y is a Member of this House. The person in question who joined the Labour party clearly has a view that is unfavourable to Y and favourable to X. Y may appear in front of the Standards Committee. At what point could Y possibly have confidence that this lady, who claims not to be anything other than impartial in normal circumstances, should be impartial now, after she voted against them and specifically joined the Labour party to vote in that direction?

I have to say the Leader of the House is tying himself up in knots, because that is not the question that I asked. He said that she is a member of a faction. Does he have any evidence that, apart from casting a vote for a candidate in an internal Labour party election, she has been organising with others to support a certain candidate? If he does not, he should correct the record.

I said quite clearly that she supported a faction. If someone supports one candidate in a leadership election, they are self-evidently supporting a faction. That is just normal use of English, which I am surprised the right hon. Gentleman questions, because he is quite hot on that normally. Any perception of partiality undermines the important role of lay members, who are there to provide a vital balance to the political membership of the Standards Committee. That is why we ask for lay members in the first place.

I can honestly say that I do not think a single member of the Standards Committee, whether they are a lay member or an MP, thinks of themselves as a politician when they are engaged in the work of the Committee. It is a really important part of the way we try to do our business. There is no partisanship—party membership is completely irrelevant. The only reason anybody knows about this particular person’s party membership is because the Leader of the House asked about it. I have no idea whether all the other lay members on the Committee have been members of a political party, or were recently. The specific point is that the criterion for appointment was explicitly that party membership was not a bar, provided a candidate had not held office or campaigned on behalf of the party. She has done neither. I am afraid that this is turning the Committee into a party political football.