Standards Committee Call for Evidence: Government Response

On 29 November 2021, the House of Commons Committee on Standards invited responses to its proposals for reform of the code of conduct for Members. The Government’s joint response to the Standards Committee in the name of the Chancellor of the Duchy of Lancaster and the Leader of the House of Commons has now been published by the Committee.

The joint response reflects the Government’s view that the rules relating to Members of the Executive, in particular Ministers of the Crown, are different from those relating to Members of the legislature, in particular, Members of Parliament. The rules, and the application of those rules, are rightly separate, reflecting the different roles that these offices play and reflecting the underlying constitutional principle of the separation of powers.

The response makes clear that, first and foremost, Members have a duty to their constituents, and any outside work should be within reasonable limits, in order for an MP’s parliamentary duties to take priority. That is why the Government brought forward an amendment (which the House approved on 17 November 2021) to support the introduction of limits on Members undertaking outside work. These were that MPs should be prohibited from any paid work to provide services as a parliamentary strategist, adviser or consultant and that outside work should be undertaken only within “reasonable limits”. It is imperative that paid advocacy work is regulated in order that any employers—be they businesses, NGOs or trade unions—do not obtain undue access or strategic parliamentary advice.

The Government are also now considering with interest Sir Ernest Ryder’s review of the House’s current system of investigating and deciding upon breaches of the code of conduct and its compatibility with the principles of fairness and natural justice. The Government have previously indicated that they support the broad principle of a right to appeal.

The Government are grateful to the Standards Committee for its consideration of these important questions, await with interest its final report and look forward to further debate on the issues raised, to ensure that our standards system commands both the confidence of the public and Members on a cross-party basis.

The Government’s joint response to the Standards Committee can be found at: https://committees.parliament.uk/writtenevidence/106952/pdf/.

The Government are also today publishing their response to the Committee on Standards in Public Life’s review of local government ethical standards, setting out the Government’s position on the successful operation of the Localism Act 2011, which ensures transparency and accountability in local government. The Government note their willingness to take further steps to protect the home addresses of councillors, where there are concerns that disclosure could lead to intimidation.

In both cases, the Government have underlined the importance of protecting elected representatives’ rights to exercise free speech within the law. The Government express concern that some of the proposed changes to the Commons code of conduct could have a chilling effect on Members commenting on contentious matters of public policy.

It is important to distinguish between strongly felt political debate on the one hand, and unacceptable acts of abuse, intimidation and violence on the other. British democracy has always been robust and oppositional. Free speech within the law can sometimes involve the expression of political views that some may find offensive. A line is crossed when disagreement mutates into intimidation, which refuses to tolerate other opinions and seeks to deprive others from exercising their free speech and freedom of association. But standards rules should not be used to suppress the legitimate expression of different political views.

[HCWS699]