---

House of Lords: Code of Conduct

My Lords, I had hoped that we would first discuss the Eames report, if I can call it that, of the Leader’s committee and then come to conclusions about it. The reason I put down my amendment then is that that opportunity did not arise. Decisions are to be made on it of a fundamental and innovative character. I have outlined those in the two amendments that I tabled, and that is the reason for them. I would have preferred the opportunity to have made these points and then taken a decision at a later date. However, that has not happened and I shall move the amendments at a later stage. I have a few words about the report in general. First, I congratulate the Leader’s Group on the work that it has done and in particular the noble and right reverend Lord, Lord Eames, and the Leader of the House on the way that they have handled the report today, on the information that they have given and the explanatory notes to their report. I agree with most of the report. Indeed, in my written submissions to the group, I supported a good deal of what is now in the report. However, the first thing I said in my written submission was that: ""I am not at all sure that this exercise is really necessary and neither the Leader’s Group nor the House itself should allow themselves to be panicked into making hasty and ill considered decisions in the wake of problems which have arisen in the House of Commons over expenses"." That puts my view on the committee generally. I think that it was not necessary, but nevertheless it has done the job and done it very well. The exercise has taken place and certainly clarity has now been given to the standards of behaviour and actions that are expected of noble Lords and the circumstances in which they should declare their interests in the Register and the Chamber. As I said, most of the recommendations are in line with the points I made in my submission. However, as my amendments indicate, there are two recommendations with which I do not agree. In fact, I fundamentally disagree with them. I do not believe that the House would be wise to accept those particular items. In tabling the amendments, I hope to concentrate minds on two fundamental changes to our procedures. The first amendment seeks to remove paragraph 5 of the Code of Conduct, which states that: ""Members are to sign an undertaking to abide by the Code as part of the ceremony of taking the oath upon introduction and at the start of each Parliament"." That means signing to be of good behaviour. For Members of this House to have to do that is demeaning to the House and insulting to noble Lords. Most if not all noble Lords follow the broad tenets of the Code of Conduct and live by its ethos, and to require that they should sign an undertaking to do so must surely be unthinkable. Why on earth in this place would you sign on a piece of paper that you are going to be decent and honest? I do not believe that that is the right thing to ask noble Lords to do. To treat people of experience, standing, intelligence and probity like naughty delinquents is not acceptable. It is not acceptable to me, anyway, nor, I hope, to noble Lords. Furthermore, by signing such an undertaking noble Lords may well be signing a written contract which could, perhaps, be justiciable. No doubt this matter will be covered by parliamentary privilege. Indeed, I think we have already had that assurance from the noble and right reverend Lord, Lord Eames. We really have to be careful about that. Members of the House of Commons believed that they would be covered by parliamentary privilege over disclosure of details of their expenses claims. How wrong they were. We have to be careful of assurances over what privileges this House has. We should all be very careful about signing such a document. There are other problems. I had a look at my letters patent over the weekend. It is worth quoting from. The extract says that, ""he may have, hold, and possess a seat, place, and voice in the Parliaments and Public Assemblies … of Us, Our heirs and successors … amongst the Barons, and also that he may enjoy and use, all the rights, privileges, pre-eminences, immunities, and advantages to the degree of a Baron"." That cannot be taken away under any circumstance, whatever this House might decide to do. The Writ of Summons itself is a command from the Queen, not a request. No resolution must impede noble Lords from obeying that command. That leads naturally to the question of what happens to any noble Lords who refuse to sign such an undertaking. That is the question that I hope the noble Baroness will answer. This House does not, I believe, have the power to disbar a person because he will not sign a piece of paper saying that he is honest. I give way.