Elected Representatives (Codes Of Conduct)

I want to acknowledge the role and work of the Parliamentary Commissioner for Standards and their office in regulating the Members’ code. I also recognise the work of right hon., hon. and noble colleagues on the Committee on Standards, the Committee on Privileges, the Public Administration and Constitutional Affairs Committee and the Committee on Standards in Public Life. I also pay tribute to their lay members. Those Committees’ recent reports and recommendations for changes to strengthen the various codes of conduct will, I believe, help in that regard. However, there is a need for much more significant reform in the accountability systems that regulate Parliament’s conduct. The current systems are spider’s webs, built up over the past 400 years or so, which interact and overlap. Inevitably, there are still issues.

My Bill cannot deal with everything that is needed for a whole-system reform, but it could tackle the most serious and urgent issues, the first and most egregious of which is the Prime Minister’s remaining the arbiter of the ministerial code. The terms of reference for the new so-called independent adviser to the Prime Minister on Ministers’ interests, appointed on 22 December last year, have not changed since the previous adviser under the former Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson). They still fail to give independence and autonomy to initiate new investigations into breaches of the ministerial code or to publish the findings of any investigations. That has to change.

My Bill proposes that, as in Northern Ireland, the ministerial code, including the seven Nolan principles, are put in statute, and that an independent commissioner on ministerial standards is established as a statutory office. His or her role would be: to advise the Prime Minister on all aspects of the ministerial code; to undertake investigations, both independently and referred, into potential breaches of the code; to appoint a panel of parliamentarians and lay members to take part in such investigations; to publish the findings of such investigations; and to make recommendations regarding sanctions for any breaches. He or she would also have the power to make a statement on ethical matters of general public interest affecting Ministers.

The second issue is how Members of Parliament are held to account outside of election time. The October 2022 code of conduct procedure set out what the Parliamentary Commissioner for Standards can and cannot do to hold MPs to account on potential breaches of the code. It defines other regulatory systems that hold Members to account—for example, expenses are for the Independent Parliamentary Standards Authority, and conduct in the Chamber is obviously the domain of Mr Speaker—but paragraph 17 expressly prohibits the Commissioner from investigating allegations solely about breaches of the seven principles of public life. Although it has been argued that that is because principles are not judiciable, for me, there is a gap. My Bill proposes that the Parliamentary Commissioner for Standards should also become a statutory office and that, under their purview, in addition to investigating Members for potential breaches of code of conduct rules, Members could be investigated for serious and serial breaches of the seven principles of public life.

Thirdly, I turn to the important role that our local councillors play in our communities and in our democracy as a whole. Again, the vast majority of councillors work tirelessly at trying to make a difference in their communities, but unfortunately a minority use their positions for their own purposes and threaten our democracy as a result. Although there is a requirement for councillors to have a councillor code of conduct under the Localism Act 2011, such codes vary greatly between different local authorities. My Bill proposes a standardised statutory councillor code of conduct, which includes the Nolan principles and is accompanied by a statutory accountability system.

Finally, we need to review how our parliamentary system, and the elective representatives within it, are regulated in a way that reflects the modern, inclusive, empowering democracy that we want to become in the 21st century and beyond. Polling by Compassion in Politics found that 76% of people believe that they should have the right to influence our codes of conduct. As such, my Bill proposes that an independent ethics commission of constitutional legal experts is established by Parliament to advise on system reforms. The ethics commission would also work with a citizen’s assembly to come up with final recommendations to Parliament.

As co-chair of the all-party parliamentary group for compassionate politics, I have argued for the need to reform the culture of our politics. The Prime Minister and other Ministers and Members have talked about the need for compassion in politics. Good policies can come only from good politics. That must start with the conduct of those in high office. As such, I hope that the Government will support my Bill.

Finally, I extend my thanks to Matt Hawkins from Compassion in Politics, George Hulme in my office and Jolyon Maugham of the Good Law Project. I commend the Bill to the House.

That Debbie Abrahams, Kim Leadbeater, Caroline Lucas, Layla Moran and Dr Dan Poulter present the Bill.

Debbie Abrahams accordingly presented the Bill.