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deliberately misled when it debated and voted on the issue on 7 March 1990. Therefore, as I have said before, I do not hold the vast majority of hon. Members to blame in any way whatever.I have said that the right of appeal is very basic. It isenshrined in clause 5 of article 15 of the UN convention. It is also enshrined in the European convention. Governments talk much about human rights, and rightly so. Our Government have signed those two conventions, but I understand that they have not signed the protocols that allow individuals to bring cases against the Government under the United Nations convention. Why not? Be that as it may, I have to accept--and I had to accept--that there was no appeal.
I believe that my case is similar to the Dreyfus case in Paris in the 1890s.
Mr. Skinner : Similar to what?
Mr. Browne : Yes, similar to the Dreyfus case. He was a captain in the French army. He was falsely charged, falsely convicted, disgraced and imprisoned for five years on Devil's Island.
Mr. Skinner rose --
Mr. Browne : I am anxious to get on.
His case was then covered up by the state, and a state cover-up is very powerful. As Anatole France said in describing the Dreyfus case :
"Some people began to recognise the injustice done, but it was supported and defended by so many open and secret powers that even the boldest hesitated. Those whose duty it was to speak up kept silent."
As no official avenue of appeal was open to me, I approached some of the most powerful Ministers, from the Prime Minister downwards, with my appeal, listing what the House has now heard. I approached some of the most influential people in the realm. My hope was that honourable people would move to correct this injustice. My hope was that they would certainly move to root out deliberate injustice, for what greater crime can there be than deliberate injustice? Sadly, the result of my approaches was silence, in all but one case--yes, a constructive suggestion from the right hon. Member for Finchley. In the case of the Government Chief Whip, it even aroused hostility. I was even threatened. Certainly, my constituency has been put into trouble by it and has become almost a laughing stock. Does that state silence amount to a cover-up--a cover-up so powerful that even parts of the media are silenced? Does deliberate injustice by the Government amount to corruption, and if a little corruption is accepted for the good of the party, where does it stop? Who will be next? Which right hon. or hon. Member of the House would be selected in future? For if Ministers, given charge of secret agencies such as M16 and M15, can take such blatantly discriminatory and unjust action against a loyal colleague, no citizen of this land is safe under the law.
Mr. Deputy Speaker : Order. The hon. Gentleman is getting close to impugning the integrity and honour of other hon. Members of the House. He knows that that is not in order. The only way in which he can do that in order is by putting down a motion. Criticism is in order--even strong criticism--but he must not impugn integrity and honour.
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Mr. Browne : Thank you, Mr. Deputy Speaker. I accept that ruling and I have put down early-day motion 585 to that effect.I fought my case in the knowledge of my innocence and also the knowledge of this great and deliberate injustice and that it could happen to other right hon. or hon. Members who have outside interests. I have fought my case in the hope that the House will urgently examine and change its rules and procedures to prevent the same deliberate injustice from ever happening again.
As Clemenceau said, again in the Dreyfus case :
"The cause of human justice admits no compromise. You must be either for it or against it."
I wonder who will be the first to break the silence--the silence of the lambs.
12.42 pm
The Lord President of the Council and Leader of the House of Commons (Mr. John MacGregor) : It may be for the convenience of the House if I intervene at this point.
The speech of my hon. Friend the Member for Winchester (Mr. Browne) covered three main topics affecting the House and those are the only topics on which I may comment.
The first topic is the debate on 7 March 1990, when the House considered the report from the Select Committee on Members' Interests, chaired by my hon. Friend the Member for Wealden (Sir G. Johnson Smith). The findings of the Select Committee in that report were fully covered in that debate, when a variety of different views were expressed before the House came to a clear decision on a vote. I have re-read that debate thoroughly. Certainly, a variety of views were expressed. I assure my hon. Friend the Member for Winchester that there was no whipping. It was a free vote and my hon. Friend mentioned the difference in the way that some of my hon. Friends voted.
As the House will know, and as my hon. Friend the Member for Winchester is aware--he and I have corresponded about this--there is no formal route of appeal following the decision that the House reached in March 1990, after the debate conducted in accordance with the rules of the House. The resolution that the House approved at the end of that debate is the final decision of the House.
Mr. John Browne : I find it hard to accept my right hon. Friend's statement. I know that he is an honourable man--I sincerely mean that--but he said that there was a free vote. Perhaps, on the surface, there was a free vote. Everyone in the House knows how the Whips operate, with the payroll and by applying pressures--what is called the informal vote.
Mr. Skinner : Well, we had a free vote.
Mr. Browne : Maybe, but I am talking about the Conservative side of the House. Even a Cabinet Minister came up to me and told me that he was pressurised. He actually said that he was ashamed of what he had done, but that he was ordered to do it by the Whips. He did not attend the debate, but he came in to vote because he was ordered to do so by the Chief Whip. My right hon. Friend must admit that although it was a free vote on the surface, it was very much a whipped vote, under the table, on this side of the House.
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Mr. MacGregor : If my hon. Friend looks at the Division lists, he will see that my hon. Friends voted in a variety of different ways. Therefore, I think that the position is clear.
The second topic raised in my hon. Friend's speech was the procedures followed once the Select Committee has made a report following a complaint against a Member. As my hon. Friend is aware, the rules of the House are clear in relation to reports from the Select Committee. They are set out in the annex to the report of the Select Committee on Members' Interests (Declaration) of the 1974-75 Session, and summarised in "Erskine May" at page 389. It is made absolutely clear there that the final decision is for the House to take. The proceedings in respect of Select Committee reports are of long standing and perfectly well understood by the House, and I see no need for them to be re-examined.
The third topic discussed by my hon. Friend for Winchester at great length was the procedures that the House has established for the registering of Members' interests and for the investigation by the Select Committee on Members' Interests of alleged breaches of those rules. The House will recall that on 7 March 1990 the House approved a second motion requesting the Select Committee on Members' Interests to study and report further on the questions raised by its report relating to, first, the definition of outside interests and the enforcement of obligations in relation to declarations of outside interests by hon. Members and, secondly, the procedures whereby complaints may be brought before the Select Committee and whereby the Select Committee investigates such complaints ; together with such other questions as might appear to it to arise therefrom. My hon. Friend spent a considerable part of his speech today examining the procedures in front of the Select Committee and also making various recommendations on the definition of "outside interests" and the "enforcement of obligations". I am sure that my hon. Friend the Member for Wealden will have noted the comments of my hon. Friend the Member for Winchester. At present, those matters are in the hands of the Select Committee, as the House requested. I do not think that it would be right for me to discuss them in detail today before the Select Committee has produced the report as requested by the House.
The matter was fully debated in March 1990 and the points that my hon. Friend raises about future issues affecting the Select Committee are ones which the Committee is currently investigating. I believe that it is right to leave it there.
Mr. Campbell-Savours : Will the Leader of the House ask those following our debate to note how the hon. Member for Winchester (Mr. Browne) has interpreted what happened during the Divisions that evening? Is not it significant that the hon. Gentleman stated that, 10 minutes later, the House took a decision in effect to change the rules, but that was not the decision taken? The House recommended that the Select Committee should consider the rules. There is a great distinction between the way in which the hon. Gentleman presented what happened and the way in which the House made its recommendation. Will the Leader of the House allude to that fact? The speech of the hon. Gentleman, which lasted about three
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hours, was littered with examples of slight distortions of the facts that he believes would benefit the presentation of his case. Mr. John Browne rose--Mr. MacGregor : I must reply to the hon. Gentleman's point. My hon. Friend the Member for Winchester has taken a great deal of the time of the House.
It is not right for me to comment on detailed points made today. My position as Leader of the House is to deal with key issues in the motion relating to the way that the Select Committee deals with Members' interests and the procedures thereafter. I have responded to both those matters.
The hon. Member for Workington (Mr. Campbell-Savours) is right about the recommendation--I have re-read all the papers and note that the Select Committee recommended a change but that, on 7 March 1990, the House did not approve that recommendation. Instead, it asked the Select Committee to look at the wider issues to which I referred. I understand that the Select Committee is now doing that. When the Select Committee makes its report to the House, that will be the time for the House to consider the matters to decide whether changes are required.
12.48 pm
Mr. Dennis Skinner (Bolsover) : What we have heard today is a catalogue of events from a Member of the Tory party who, in the run-up to the 1987 general election, did what many Tory Members do--made money on the side. Not content with being a Member of Parliament on a salary that was then about £25,000 or £26,000 a year, he wanted to line his pockets from outside. Many people do that--about 250 Tory Members and a small handful of Opposition Members, although the number of Opposition Members who make money outside this place is thank God, decreasing.
In 1974 people in local government were told that they had to sign a register of their interests when they became councillors. We in Parliament said that that was a great idea because it would ensure that councillors discussing and voting on planning decisions had to tabulate in a register their interests and for whom they were speaking.
In our society there has always been a conflict of interests. Can you truly represent your constituents on a local authority or in Parliament and at the same time represent someone else? That is the classic question. Over the years, many people have said that they can do both jobs. They have even gone so far as to say that your need to do another job to keep up some interest. That is like me saying, "Where is the nearest pit?"--miners who come to Parliament cannot work in a pit for half a day a week, but Members who are lawyers can go off to the law courts and pick up £60,000 a year, quite apart from what they get for being in the House--if and when we see them. The reason why his place starts at half-past two in the afternoon, except on Fridays, is so that people can make money in the City and in the law courts. They could also make money at Lloyd's, but in recent years it seems that they have not been able to open the box and pull out a lot of money all the time. They are now squealing and they want their money back. They put their bets on in that posh
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gambling den of Lloyd's and they have nearly always made money, but now that they are not winning they want Parliament and the taxpayer to foot the bill.In that environment, along came the hon. Member for Winchester (Mr. Browne). He told his Tory friends that he had interests outside Parliament which were making him a lot of money on the side. When he became a Member of Parliament, I suppose that they told him that he had better declare those interests in the register which Skinner and his friends forced through the House of Commons in the early 1970s. We said that if it was right for people in local government to have a register, there should be one in Parliament, too.
That register was no big deal. We were not asking people to put in how much they made, although they ought to do that. A section of the register should record such facts. For example, the right hon. Member for Worcester (Mr. Walker) worked for two months for Maxwell Communication Corporation. He got a £300,000 pay-off when he packed in, £100,000 extra as redundancy pay for working two months, and a Mercedes for a quid. That should all have been in the register. Along comes the smart Alick hon. Member for Winchester. Given that none of his mates on the Tory side had disclosed their interests, he decided not to do so either. He picked up £88,000 from Saudi Arabia. I have always said that that money should have ended up in the miners' fund. During the strike, the hon. Gentleman accused the miners of getting money from the middle east, while all the time he was picking it up himself.
That 88,000 quid was not disclosed, but in the run-up to the 1987 election some bright-eyed spark at The Observer called David Leigh found out about it. It was a nice juicy little piece. OK--the story could have related to any of the 250 Tory Members, and for the hon. Member for Winchester it was sad that it was him, especially as he had a bit of trouble, to which I shall not refer, with another matter.
The net result was that the voters of Winchester decided that they had someone representing them who was making a lot of money on the side, and the Tory vote slumped. It is pretty obvious that someone in Winchester Tory party would have said, "We had better do something about this." So along comes the Select Committee. Here I am paraphrasing because I am not a member of it--I do not have owt to do with Select Committees.
Mr. John Browne : The hon. Gentleman has paraphrased a lot. It was not that the voters of Winchester thought that here was a chap who was making money on the side--the article by Mr. Leigh suggested that I had done something wrong. My point was that, according to the registrar, whom I asked in 1983, I had done exactly correctly. That was the point, and that is why I issued the suit. Mr. Skinner : So, along comes the hon. Member for Winchester and he says, "I don't like this article in The Observer, so I'll issue a writ--I'm going to stop it and I'm going to make a lot of money." After all the business of the Select Committee and the writ being issued, the case was never pursued. Like many other writs, it was issued to silence somebody. He has talked about being silenced, but he decided to silence The Observer for a convenient period, and he has never pursued the matter. If David Leigh had said something extravagant and outrageous why is it that,
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with all his money, the hon. Gentleman was not capable of pursuing the writ to make sure that he landed The Observer with a big, fat bill? The truth is that he did not follow it through. He blames the Select Committee for having looked into the matter, as he said earlier in his long tirade.Mr. Browne : That is not the point. How could a suit like that possibly be pursued successfully when the Select Committee came along and said that I was not right in the way that I gave information to the Register of Members' Interests?
Mr. Skinner : When I was at school, that was known in geometry as QED. The hon. Gentleman has proved my case. He is saying that his friends in the Tory party said to him, "I'm afraid we'll have to rap you over the knuckles, John." As a result, the paper realised that it had a first-class chance of sustaining its argument. The hon. Gentleman does not realise that he has made a statement which proves that The Observer had a case because a gang of his friends in the Tory party proceeded to do what The Observer thought they ought to do. The Observer is not supposed to be a Tory paper, although I am not sure about that.
The hon. Gentleman has been whingeing this morning. He got 20 days. Somebody said to me, "What shall we do, Dennis, with this bloke who's up for trial?" Trial--I ask you! The hon. Gentleman has compared himself to Dreyfus. He has a lot of brass. According to the register, he is still making a big, fat packet on the side, as well as picking up his salary of 30,000 quid. A lot of Tories do that, but to come here and say that he has been treated like Dreyfus is worse. He may be a lot of things, but Dreyfus he is not. He got 20 days. Big deal! My hon. Friend the Member for Edinburgh, Leith (Mr. Brown) touched the Mace.
Mr. Frank Haynes (Ashfield) : He more than touched it.
Mr. Skinner : He dropped it. He tried to pick it up, but he dropped it and his case turned into a cause ce le bre. My hon. Friend got kicked out of Parliament for a longer time than the hon. Member for Winchester, and he has suffered in other respects. Others have been thrown out for other reasons. My hon. Friend the Member for Linlithgow (Mr. Dalyell) got thrown out because he said that the last Prime Minister was lying. Other people get kicked out and their penalty can add up to well over 20 days, and they have not lined their pockets. They have been kicked out of Parliament because they have said things that they believed in, as a matter of principle. The truth is that the hon. Member for Winchester has suffered at the hands of his friends. Let us put it on the record once again. The Select Committee has a Tory majority--his friends. One hon. Member who serves on the Committee has been referred to several times--my hon. Friend the Member for Workington (Mr. Campbell-Savours). The hon. Member for Winchester is trying to make us believe that my hon. Friend has twisted all the other members of the Committee--a majority of whom are Tories--round his little finger like some Machiavelli so as to do down the hon. Member for Winchester. I will believe a lot of things, but I ain't believing that.
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The hon. Member for Winchester should understand what really happened. His party decided in 1987, when it saw the Tory vote in Winchester slump, that it had better get rid of him and that he would be the casualty. He may be standing against the Tory candidate at the next election.Mr. Skinner : Quite frankly, he should get on with it. If I see Tories falling out, I will do everything that I possibly can to help, although I will not go down and speak for the hon. Gentleman. If they are to fall out and fight one another, that is their business. We all know that the Tories have divided the working class over the years. Divide and rule is their tactic.
The hon. Member for Winchester told us this morning that he is dividing against his right hon. and hon. Friends, and that is why he has found himself in a predicament. The hon. Gentleman talked about the attendance in the Chamber when a certain private Bill was considered. He got his facts wrong. When a private Bill is considered in this place, Members have to attend. He tried to make a comparison between a private Bill involving King's Cross and another private Bill dealing with the Register of Members' Interests. Of course fewer Members turned up here for the Bill on Members' interests. We all know that it was not a private Committee.
As I see it, the hon. Gentleman has produced his manifesto for Winchester when the general election takes place. I will give him some advice. I shall not give him a great deal today, but I will tell him this : that manifesto is too long for the general election. You need a few pictures and a shorter manifesto. If you make the speech that you used this morning when you are at the guildhall at Winchester, you had better complete it much more quickly than you did today. In other words, you should get to the point. You would also be better off not reading it all out.
Mr. Deputy Speaker (Mr. Harold Walker) : Order.
Mr. Skinner : I am just giving the hon. Gentleman some advice. You were not here this morning, Mr. Deputy Speaker. The hon. Gentleman went through it all and we heard it.
Mr. Deputy Speaker : Order. The hon. Member keeps saying "you" instead of "the hon. Member".
Mr. Skinner : I get your drift, Mr. Deputy Speaker. I was giving him serious advice if he is to stand against the Tory party. If that happens, the Labour candidate could slip through the middle and win the seat. That is one of the principal reasons for my involvement in the debate.
The hon. Member for Winchester should understand that this place is a gentlemen's club as well as a place for enacting legislation. I have been here for 20-odd years and I know that. I do not like the gentlemen's club part of it. I decided when I came here not to be part of it, but I knew it existed. The hon. Gentleman has been done by many of his hon. Friends who are in this club. He was not done by Labour Members. We had a free vote. The hon. Gentleman says that there was a whipped Government vote against him, and he must prove that. As I have said, we were not whipped. We did not get involved in the club. Many of my hon. Friends said, "We will not vote to send somebody out for 20 days." They did not want to vote. A hell of a lot of Members did not vote for that reason.
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The hon. Member for Winchester must understand that when he came to the House he came as part of the gentlemen's club. If he wants to be involved in the camaraderie of that club, he might have to accept some of the rules. When Mr. Speaker tells me that I must leave the Chamber, I do not like it. On those occasions, I should like to appeal. I should like to say to Mr. Speaker, "Look, there are good reasons for my saying that someone is lining his pockets." But that is not possible, and I have to leave. When I pass through the doors, there is a bobby waiting waiting for me to escort me from the premises. An hon. Member who finds himself in that position is not allowed to speak in front of a camera in the Norman Shaw building. Yet the hon. Member for Winchester is whingeing because there was no appeal. In fact, he secured one, whereas I have never had one--I have never had a chance to put my case on the occasions when I have been told to have an early bath.The hon. Gentleman should understand what the game is all about. That is all that I say to him. He has sat among those who want to make money on the side. I think that I know what is getting to his craw. It is that he has been done when many of his hon. Friends are making money. At the beginning of his speech I sat in my place thinking that he would reveal all their names. I thought that he would give us the figures that are absent from the register. I thought, "He might tell us what ex-Cabinet Ministers--who have 59 directorships between them--are getting". I thought for one fleeting moment that the hon. Gentleman would put numbers by the side of all those directorships, but he did not. Instead, he pulled back. Here is another bit of advice for the hon. Gentleman : if he means to fight the election, he must not pull back. He will get some good copy. Not only the Winchester press but the national press as well, will be interested. Chris Moncrieff will be ringing the hon. Gentleman every morning. Think about it. Name the names--they are all in the register. The hon. Gentleman could make 20 or 30 speeches in Winchester and they could be in --I was going to say The Sun, but I think that The Sun would black them. Anyway, he could be in the Daily Mirror every morning.
I know that there is something wrong with the register. We all know that. Two or three things need doing--and we should be sharp about it. We want to know how much money is being made by all the company directors and the rest. What would be wrong with that? I would go further, but the House would not carry it. Every Member of Parliament should have only one job. I would like to see that in the Labour manifesto--not many of my hon. Friends have outside interests. It would be a good thing, and we should sweep the country. There would be no talk of hung Parliaments and the like. I would like us to say to the millions of voters that the next Labour Government will insist that when someone enters Parliament he must represent his constituents--he should have one job and one job alone. But the hon. Member for Winchester would not support that.
Mr. Skinner : If the hon. Gentleman supports the idea of one job, and one job alone for a Member of Parliament, why has he still got so many interests in the register?
The hon. Member for Winchester had a choice in the gentlemen's club, and he did not take it. A lot of hon. Members who go before the Select Committee about such
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matters give in. I would not do that--I would take it on the chin. If I had stood up and said something in the Chamber or outside, or if I had done something, I should stand by it, but the hon. Member for Winchester wanted to have his cake and eat it as well-- he wanted to plead to the Select Committee, but he did not want to take the consequences of what he had done and said. He could have apologised at the beginning, and that probably would have been the end of the matter. But he chose to bluff it through, and the bluff did not work.The hon. Gentleman should be a man. He should understand what happens when someone enters to the House as a Member, with all this apparatus. It may be true that he is one of many Tory Members of Parliament who are making a lot of money. He feels, "Why should I get done?" He is like the bloke who speeds up the motorway at 100 mph--the Minister of State for Defence Procurement did so twice in a fortnight, and said that he thought that the police were escorting him. One cannot say in court, "Seven other people broke the speed limit as well, Mr. Judge, or Mr. Magistrate, so why have you picked on me?" Such things happen. Some people get picked on occasionally, and they think, "Why me?" The hon. Member for Winchester should understand that he has had his chance, but he wanted everything and it did not work.
I think that the rules are wrong. They want tightening up. We want to ensure that the register is complete, and there is only one method of doing that. It is for all of us to represent our constituents, and there is an end of it. If hon. Members want to help someone they can do so and get nothing out of it. When I get up in the morning and the House does not start sitting until 2.30, I look in the papers to see if there is a strike, and I join in if it is within 20 miles of this building. That is my interest. I do not want to be paid for it. I may have to pay, to help the people who are on strike. But to think that one can make money and get away with it is another matter. The hon. Member for Winchester has achieved one thing in raising the issue today. He has again raised the question whether the register is satisfactory. The answer is clear : it is not satisfactory. It is time to change it, and I hope that that happens in the next Parliament, after Labour sweeps to power. If the Labour Government cannot introduce the idea that one Member of Parliament should have only one job, who can? My hon. Friend the Member for Norwood (Mr. Fraser) is very sound on such matters and I ask him to convey to the next Labour Government the fact that the least we can expect is for the register to be brought up to date. Not only that--we should ensure that we know fully how much money people are making on the side in the law courts, in the City and in the board rooms. If this debate has done that, it has served a useful purpose. 1.9 pm
Sir Geoffrey Johnson Smith (Wealden) : My hon. Friend the Member for Winchester (Mr. Browne) was courteous enough to give me notice that he intended to refer to me today as I am Chairman of the Select Committee on Members' Interests. Like my right hon. Friend the Leader of the House, I do not intend to reply in detail to the criticisms of that Committee.
As my hon. Friend the Member for Winchester will be aware, the Select Committee was faced in 1989 with a
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disagreeable and complicated task when it was required to investigate complaints made against him. Our inquiry took nine months, which was a long time. The Committee's report, and even more important, the 150 pages of oral and written evidence which were printed with it, must be seen and read as a whole. They are the basis on which the House took its decision in March 1990.To take any particular political part or passage in isolation can only distort the overall picture. If anyone in the House or outside, having read the report and the evidence in full, were to accept the interpretation of my hon. Friend the Member for Winchester of the events in preference to the Committee's findings, I would disagree with him profoundly. I must point out that the findings were unanimous and I stand by the integrity of my colleagues on the Committee in the discharge of their duties.
As I said, I do not want to go into the details. However, there is one very important point which is a matter of justice. My hon. Friend the Member for Winchester said many times today that he was specifically denied the authority to call witnesses. That is certainly not my recollection.
Mr. Campbell-Savours : Hear, hear.
Sir Geoffrey Johnson Smith : It is obviously also not the recollection of the hon. Member for Workington (Mr.
Campbell-Savours). My hon. Friend the Member for Winchester did not make any request to call witnesses either before or during his evidence. However, very much later, during our inquiry--
Mr. John Browne : Will my hon. Friend give way?
Sir Geoffrey Johnson Smith : I will finish my sentence first. Much later, during our inquiry, my hon. Friend asked to call a former business partner. That was the only occasion. Otherwise, in the course of his evidence, that was not the case. I am afraid that I must point that out to him. Although I do not want to go into detail, that is an important point that he has made today.
Mr. Browne : I respect what my hon. Friend has said, but I asked on a number of occasions to call witnesses. I asked the registrar, I think, on at least three occasions whether I could bring three specific people to address the Committee to have them
cross-examined--particularly Mr. Chattington, Mr. Merrick Denton-Thompson and the former registrar. I was told, "Certainly not." I was told that the only people who could call witnesses to the Committee were the members of the Committee themselves, and this was verified in the debate. The hon. Member for Streatham (Sir W. Shelton) said exactly that--that I was not allowed to call witnesses for cross-examination.
Sir Geoffrey Johnson Smith : I am very sorry, but I must tell my hon. Friend that he was given the chance to call witnesses. I will not go into the details about Mr. Chattington because if we go into that, we will get very involved and we will become involved in a situation in which we found ourselves so often in respect of our hearing evidence from him.
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Mr. Quentin Davies (Stamford and Spalding) : My hon. Friend referred to the report of his Select Committee which, of course, I read with the greatest attention before our debate two years ago. I have no doubt that he conducted the proceedings of that Committee with the great probity with which we all associate him in the House. Does he agree that that report did not reach any conclusions about the guilt or innocence of my hon. Friend the Member for Winchester (Mr. Browne)? It rejected a number of allegations against him and focused on two, on which it recommended further investigation. Those were the conclusions of the Select Committee report.
Sir Geoffrey Johnson Smith : No, that is not quite the story. In our view, not all the allegations were founded. In the course of our report, we indicated that that was the case, but in two particular instances we believed that there was a breach.
Mr. Campbell-Savours : Will the hon. Gentleman further qualify his reply to the invervention of the hon. Member for Stamford and Spalding (Mr. Davies) ? Is not it true to say that we did not recommend further investigation? We recommended that the House should make a decision on the decisions that we took. The words in our report are :
"We therefore uphold the complaint."
That was a decision that we took on the basis of all the evidence before the Committee. It was then for the House to decide whether, in the light of our upholding the complaint, action should be taken.
Sir Geoffrey Johnson Smith : The hon. Gentleman is correct. There is another aspect into which I do not intend to go in detail. It concerns the procedures which the Committee followed when investigating the case. They were the procedures which had been approved by the House in 1975 when it first instituted the Register of Members' Interests. Essentially, they are the same procedures that any Select Committee uses to establish the facts of a matter and then to come to a conclusion on the basis of those facts. At the end of the debate on my hon. Friend's case, the House gave the Committee a wide-ranging remit to review the rules of registration and declaration and the procedure for investigating complaints. The Committee has had a lot of other business to tackle in the intervening period, but it has not neglected the remit which the House gave it. I hope that the Committee will be in a position to agree a report on those matters before Parliament is dissolved. In the meantime of course, it would be quite improper for me to anticipate the report.
When the House eventually comes to debate that report, it will be able to take into account the points made in today's debate and in the debate in March 1990. However, it would be wrong to regard that review as in any way reopening the case on which the House reached a decision nearly two years ago. If the House had considered that the alleged deficiencies in our present rules and procedures were sufficiently serious to tilt the balance of judgment in my hon. Friend's case, it could have done so. It did not do so and, as my right hon. Friend the Leader of the House has made clear, its decision cannot now be reopened.
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1.16 pmMr. John Fraser (Norwood) : This has not been a very happy or pleasant occasion. We all know briefly the history of the matter. The hon. Member for Winchester (Mr. Browne) had a well-publicised matrimonial squabble. he was complained about by a journalist who, in the terms of the Select Committee's report, was not wholly without professional interest in the result of those matters.
The hon. Gentleman was suspended by the House for 20 days, which is not a terribly serious punishment, as my hon. Friend the Member for Bolsover (Mr. Skinner) has pointed out. His real complaint is that he was disowned by his party. That is a matter between him, his party and his constituency ; it is not a matter for rehearsal in the House today. The hon. Gentleman was lucky in the ballot, and he has chosen a matter of personal interest rather than a subject of interest to his constituents.
We have one very clear and one slightly vague obligation in relation to our interests. When we speak in a debate, we should declare our interest where the speech touches on that subject. That is a much wider responsibility than the responsibility for declarations. I used to have a caravan at one time. I do not think that that is a declarable interest, but, if I was speaking about caravan sites--indeed, I have done so--I should declare an interest, because, although it is not something that needs to go in the Register of Members' Interests, it is clearly relevant to what I am saying.
Equally, if I have a dwelling house that is in the path of a motorway or is subject to the channel tunnel connection, although I do not have to declare my dwelling house, nevertheless if I was talking about legislation about which directly affected my interests, it is something that I should declare. That is a clear, wide and relevant declaration which we all understand.
Except on private Bills, it is fanciful to think that hon. Members actually change their vote as a result of any payment that they receive from outside. I can hardly imagine the circumstances, when it comes to voting, in which the hon. Member for Winchester will go through the Labour Lobby because there is some financial interest. Everybody would soon be on to that.
A good deal of scamming goes on here. People have received money from outside interests as consultants in their capacity of Members of Parliament. They are taking outside interests for more of a ride than they are taking the House of Commons. I cannot think of any circumstances in which hon. Members would have been paid a consultancy and would have changed their vote in the House as a result of any such payment.
Parliament does not award contracts. Parliament does not determine expenditure, except in a general sense. The real thing that matters--it is much more akin to declarations of interest for local authorities--is when one is making representations to Ministers. It is not the House that has the mega-bucks, although we vote them ; the people who can really fix the mega-bucks are Ministers and senior civil servants. That is the really important part, and that brings us to the declaration of interests. It is relevant not so much to what is said in the House or how hon. Members vote here, as to representations made to Ministers who may be placing contracts.
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Mr. Tony Banks (Newham, North-West) : Will my hon. Friend go further on this? There is a whole range of interests, and he has rightly mentioned some that should be declared because people should know about them. I am particularly interested in whether or not a person is a member of a masonic order and of particular lodge. Does my hon. Friend agree that that should also be a declarable interest? I am not against people being masons--that is entirely up to them--but we should know. Does my hon. Friend agree that that should be added to the register?
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