Privilege

As referenced in the motion, there is the case of “Miss A” and “Mr U”. I have no idea who Miss A and Mr U are, and I have no idea what complaints about the Charity Commission were set out before the commissioner, but the Charity Commission has clearly taken umbrage or offence at what the PHSO has been seeking to do. The Charity Commission is bringing legal proceedings deliberately to prevent the laying of two reports before this House. That completely undermines the linkage between the ombudsman and this place, and, as I said at the start, it undermines our opportunity and decisions to look at any information that we deem to be of importance, or that matters to us, in order to allow us to advance policy.

The motion is a very simple one. If approved, it will compel the commissioner to lay before the House the reports that they have undertaken with regard to the complaints of Miss A and Mr U. I have tabled the motion as Chair of the Public Administration and Constitutional Affairs Committee, which is responsible for the PHSO. We will look at those reports and advise accordingly, if necessary. I make no prior judgment of whether the PHSO or the Charity Commission has got it right in this instance, because we have not seen the reports. However, it fundamentally undermines the rights and privileges of this place, and all of us as Members, when we are prevented from seeing reports that have been produced following due diligence and proper investigation and inquiry by a statutory body and the ombudsman, who is a servant of the House. Because there is concern, which I share, that the Charity Commission has acted perversely in bringing legal proceedings that would prevent the laying of the reports, the second part of the motion seeks to refer that action to the Committee of Privileges so that it can take a look.

In the general scheme of things, this may seem a very small element of parliamentary life, but the courts have hitherto always taken the standpoint that Parliament can and should see what it wants and needs to see, and that the courts should take no role in interfering with or obstructing that channel of communication. We are all familiar with Mr Speaker giving advice from the Chair about the sub judice rule, for example, but it does not mean that we cannot talk about things. We do so knowing full well that privilege entails both rights and responsibilities.

I hope the House is with us on this matter, which is important. It is time for us to robustly reassert our rights under the idea of privilege and having access to information. I remain to be convinced that the Charity Commission has acted advisedly in bringing the action. Even yesterday, the commission tried to put pressure on me to withdraw the motion, believing still that it is in the right. I decided not to do so, and I think it is an abuse of the commission to ask us to do that.

The Public Administration and Constitutional Affairs Committee will undertake an inquiry on arm’s length bodies, of which the commission is part, and a number of right hon. and hon. Members from across the House have privately raised with me concerns about decisions that the commission is taking. It is appearing to do so in a slightly abstract or perverse way, without any degree of accountability. That matter is separate from this motion, but it is important for all our arm’s length bodies, and particularly the Charity Commission, to understand that this House will not be bullied by arm’s length bodies seeking recourse to the courts to stop us doing our job properly, efficiently and professionally on behalf of all our constituents.