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House of Lords: Code of Conduct

My Lords, I shall say a few words based on my extremely limited experience as chairman of the Committee for Privileges Sub-Committee on Lords’ Interests. I was encouraged to take that role on the basis that it would not be a particularly demanding one, based on the previous experience of the House. I learnt quickly, however, that that was far from the case. I have to tell your Lordships that I found it one of the most difficult tasks that I had had, notwithstanding the fact that I had rather long experience as a judge. The difficulties were created by the lack of certainty about both the process and the matters to be investigated. I congratulate the committee over which the noble and right reverend Lord, Lord Eames, presided on the significant improvement that it has achieved. Before listening to this debate, I would have been quite content to say, "This is something that the House should wholly welcome, and it would undoubtedly improve the situation". However, because of the amendments proposed, I thought that it may be of assistance if I said a word about the commissioner, whose role I believe has just been correctly identified. I am bound to say that I would have found a commissioner of that sort—an independent person finding the facts—a huge benefit during my period on the sub-committee. I feel that we must accept that recommendation, whatever other parts of the report are qualified by the House. Some of the matters that it is clearly intended should not be permitted need the most careful definition possible. It is only, I believe, with experience of the investigation of complaints about them that their proper definition can be determined. I suggest that the division between the two roles—a firm code that sets out general principles, supported by what I would call a case law system—is something that we should welcome because it will achieve the practical and fair results that we want. I listened with great care to what my noble and learned friend Lord Scott said about the dangers of seeking to take this investigation to Strasbourg. I hope that any such event would be rare and that Strasbourg would deal promptly and summarily with any attempt to take such action. The article that would be relied on would be Article 6, which requires fairness. I hope that, where there was an investigation into the conduct of a Member of this House, the sub-committee and the committee would ensure that fairness would occur. Nothing that I have read about what is proposed would prevent the two committees from achieving fair procedures. As long as they took that course, it seems to me that in practice there would be no danger of any interference by the European Court of Human Rights.