Penny Mordaunt – 2022 Speech on Code of Conduct and Guide to the Rules (Response)

The speech made by Penny Mordaunt, the Leader of the House of Commons, in the House on 12 December 2022.

I will try to respond to all the points made by hon. Members. I appreciate everyone being in the Chamber at this late hour and listening as well as contributing to the debate. I turn to the points made by the shadow Leader of the House, the hon. Member for Bristol West (Thangam Debbonaire). She was disappointed that it has taken this long to get to the motion. If we had debated it earlier this year, we would have had not two points of disagreement but five. I hope she recognises that we have not been idle and that we have spent our time well. It has been my mission to try to find consensus on all these issues; that is the best thing for the House.

The hon. Lady made comparisons to the situation involving Owen Paterson. I would dispute that and point to the fact that the votes that we will have are free votes. It is controversial, but people can make up their own minds and decide what they think is the right thing to do. The Government clearly need to have a view, and that is what I set out. I also point out that we accepted the serious wrong issue put forward by the Standards Committee.

If the hon. Lady is to support amendments, I hope that she will be consistent in her party’s policy. The Labour Welsh Government’s hospitality threshold is higher than that for this House, and certainly that of ministerial thresholds. The Welsh Government also publish an annual list of gifts. So if she, as I do, wants us to move to monthly reporting, I hope that that Government will follow. I will also give her this quote from page 130 of Gordon Brown’s report, “A New Britain”, in which he says:

“The Ethics and Integrity Commission dealing with Ministers should be…separate from the system which investigates ethical breaches by MPs and members of the second chamber, comprised of the Committee on Standards, the Parliamentary Commissioner on Standards, and the Independent Grievance and Complaints System.”

That is a sensible approach.

It is difficult for us to conflate the two systems. I have tried to eradicate the word “soon” from my vocabulary—although I hope that the hon. Lady appreciates that, when I have said “soon”, I have delivered—so I did not say “soon”. I have said, “summer”. Looking at these issues, I think that is a reasonable timeframe—[Interruption.] That is to move to monthly reporting.

With regard to the point made by the hon. Member for Rhondda (Chris Bryant) about bringing forward guidance and publishing it, the motion originally would have come into effect on 1 January. He suggested that we push it out until March so that everyone can be brought up to speed and know where they are. That is a sensible approach. I will do my utmost to ensure that the civil service meets that deadline of when the motion comes into effect, which I think is reasonable. If hon. Members want this to work well and orderly, that is the timetable that we must work to.

The hon. Member for Livingston (Hannah Bardell) pointed out that it is incredibly important that we take care of hon. Members’ wellbeing. It is in our interests to remind anyone who might be listening to the debate that whatever motion is voted on tonight—amended or unamended—it will improve and strengthen the standards of this place. That is an important point.

My hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin), who is also a Member of the Standards Committee, was pleased that we had acted swiftly on the appeals process. We have a different view from him on the Nolan principles, but, as I explained to him earlier, people can vote on it. This is House business. Hon. Members can listen to different viewpoints and vote on that. That is how we should be doing things, and that is how we will do things tonight.

The hon. Member for Edinburgh North and Leith (Deidre Brock) also supports amendment (b), which would move us immediately to monthly 28-day reporting. That came as a surprise to me, because my understanding is that the Scottish Parliament reports on a quarterly basis. I look forward to the Scottish Parliament moving in line with amendment (b). Maybe we could have a race and see who gets there first.

My right hon. Friend the Member for South Northamptonshire (Dame Andrea Leadsom) spoke about many issues, some directly related to the motion, and she was supported by my right hon. Friend the Member for Basingstoke (Dame Maria Miller). She is right that we have to build trust in Parliament. We want to be the best legislature in the world. We have to continually address those issues, and I have heard what she has said.

Turning to the hon. Member for Rhondda, the Chairman of the Committee on Standards, I will not repeat the arguments I have made before, but I will just touch on a few points. First, I agree with him when he says it is important that justice is served swiftly. I have shared some concerns with him on how quickly we carry out investigations, and we want to do better on that. I was grateful to him for outlining the many positives that I hope the House will support tonight. We still disagree on the Nolan principles issue. I looked into the police issue he raised; I do not think the police have done as he outlined. What they have done is produce a code of ethics, which was signed off by the Home Secretary, but that is different to what is being proposed for Ministers.

On ministerial declarations, I completely agree with the three principles that the hon. Gentleman set out. What I am interested in doing is getting there in an orderly way, to ensure parity with the House’s reporting system. I am telling hon. Members, having looked at this in detail and probably more than any other Leader of the House, that if they wish this measure to come into effect in March, they will have a problem. It will be a problem not just for Ministers, but for anyone undertaking an envoy role, including Labour Members. The hon. Gentleman also helpfully proposed a manuscript amendment earlier this evening, which chimed with the sentiments of the shadow Leader of the House, the hon. Member for Bristol West, with regard to having “scale and source”. Again, I think Members want clarity. They want an amount, a threshold. They want clarity on the rules. I do not know whether it would be means-tested. Is something that is materially important to me materially important to someone else?

Chris Bryant

I am sorry, but it seems to me that the clearest outcome for all right hon. and hon. Members is a single rule of £300 registration for everybody within 28 days, with the full value shown. Everything else is muddying the waters.

Penny Mordaunt

I completely agree with the hon. Gentleman. I am just addressing the point that he and the shadow Leader of the House raised earlier. The bottom line is that the Government agree that the system has to improve. We agree entirely with the principles that the hon. Gentleman set out. If amendment (b) goes through, he will be requiring Members who are also Ministers, or envoys of some description and trade envoys, to report in March at a pace that he knows the Whitehall machine will not currently be able to deliver on. In a few months after that point, it will. I suggest that we wait until Whitehall can deliver, which will not be far away—I did not say soon; I said summer—and we can move towards that in an orderly way.

Sir Peter Bottomley

When the Chairman of the Committee on Standards, the hon. Member for Rhondda (Chris Bryant), talks about his fallibility, he reminds me of article XXVI of the articles of religion. My right hon. Friend the Leader of the House has convinced me that amendment (b) is too soon and too rushed. Will she consider having a button or a link on both registers, so that people can find other information about a Member who is also a Minister?

Penny Mordaunt

On that point, which has also been made by the Committee Chairman, who accuses me of using the argument of saying “not yet”, we have already started this work. I have already been working with the propriety and ethics team, and we have audited every Government Department, which is why I can bore Members senseless about why there are some problems. We have already started to look at how we might have a system that everyone in Whitehall could report into, instead of doing it in a million different ways, but also at our goal being that transparency. For example, if someone is looking at their MP, they want to have a comprehensive picture, so we have already started looking at that, and I hear what hon. Members have said.

Ronnie Cowan

Can the Minister assure me that we are not trying to delay beyond March because it falls during the current financial year?

Penny Mordaunt

No, I can assure the hon. Member on that point. We have moved the date in the motion from January to March, at the request of the Committee Chair, because we want everyone to know what the new standards rules are that we are voting on today, and we felt that was right.

From the hon. Member for North East Fife (Wendy Chamberlain), we had a different view, but I thank her for her contribution. I would ask the hon. Member for Leeds East (Richard Burgon)—I am just trying to read my own handwriting—to read the report we have been discussing, because it does not come to the same conclusions that he does. I thank the hon. Member for Inverclyde (Ronnie Cowan) for his remarks. I do not think that colleagues are a bunch of rotters; I am sure he was not suggesting that.

Finally, I will end, rightly, on the very salient point that the hon. Member for Batley and Spen (Kim Leadbeater) raised, and she is absolutely right. Although we focused on the areas of disagreement, one of the areas where there is huge consensus is about the duty of care we have to each other. She is very genuine, for reasons we all understand, in her remarks.

I would conclude by saying that this is a huge step forward. I thank the Committee for its work. It made 20 recommendations, and the Government want 18 of them brought in. We want, particularly on ministerial interests, for us to move to the position the Committee wants, but in a way that is doable and orderly. This is a free vote. All Members will have heard the arguments and listened, and they will be voting and deciding what the best thing they think is to do. I do not expect, particularly given the subject matter we are debating, any party or Member to criticise the decision that hon. Members will have taken this evening in good faith, me included.

With that, I urge all Members to support the Government motion unamended. This is a big step forward. We do want to move to clarity and parity for both systems, but both systems of reporting should remain distinct.