APPENDIX: REPORT FROM THE SUB-COMMITTEE
ON LORDS' INTERESTS |
The Sub-Committee on Lords' Interests has examined
a complaint about Lord Hoyle from the Guardian newspaper.
The complaint is that Lord Hoyle took money to introduce a lobbyist
for arms companies to Lord Drayson, who was at the time the Minister
for Defence Procurement.
The essential facts appear to be as follows. Lord
Hoyle has been retained as a consultant to Whitehall Advisers
for various periods since 1999. He registered the interest for
the periods of his employment. For present purposes the relevant
date is June 2005 when Lord Hoyle notified the Registrar of Lords'
Interests that he had been re-engaged by Whitehall Advisers as
a non-parliamentary consultant, and his register entry was amended
accordingly. Later that same month a meeting took place between
Lord Hoyle, Mr Michael Wood of Whitehall Advisers, and Lord Drayson.
Mr Wood is the lobbyist referred to in the Guardian's complaint.
The meeting took place in the House of Lords Guest Room.
The Guardian complain that Lord Hoyle arranged
the meeting with Lord Drayson at Mr Wood's request but failed
to declare to the minister that he was retained and paid by Mr
Wood as a consultant. They suggest that Lord Hoyle has at the
very least given rise to a perception that he has broken the "no
paid advocacy" rule by arranging this meeting: the rule prohibits
a Member of the House from promoting any matter in return for
payment or other material benefit. They also allege that Lord
Hoyle misled the House over the true nature of his paid work for
Whitehall Advisers, because he was in fact engaged in advising
on or facilitating matters that were essentially parliamentary
rather than non-parliamentary in character.
Lord Hoyle denies the allegations made by the Guardian.
He says that his consultancy with Mr Wood was properly registered
and a matter of public record. He points out that his consultancy
did not require him to arrange meetings with ministers and that
he was not specifically paid for the purpose of introducing Mr
Wood to Lord Drayson. Lord Hoyle says that he cannot recall whether
he informed Lord Drayson that he had a retainer from Whitehall
Advisers. He disputes the nature and purpose of the meeting with
Lord Drayson and says that the meeting was a social rather than
a business occasion. He says that Mr Wood is in any case not a
lobbyist for the arms' industry but an adviser to the defence
and aerospace industries.
Lord Hoyle also says that his consultancy is a non-parliamentary
consultancy, based on his experience and knowledge of trade unions,
and that he did not give advice to Whitehall Advisers on parliamentary
or related issues.
The Sub-Committee's findings
We have considered carefully over a period of months
the Guardian's complaint and the evidence they have submitted
in support of it, and also Lord Hoyle's rebuttal. In the course
of our work some fundamental questions have arisen about the appropriate
way to handle complaints against Members of the House. We note
that the Committee for Privileges met the day before our final
meeting on the Guardian's complaint to review these questions
and others, and has undertaken to meet in the near future to consider
and give guidance on the handling of complaints.
In the meantime we must settle the matter according
to the present rules. We are satisfied that we have received enough
written material from both Lord Hoyle and the Guardian
to reach a decision without the need to invite them to submit
supplementary material or to attend the Sub-Committee in person.
We are satisfied that no further investigation is needed.
We note that Lord Hoyle registered properly his connection
with Whitehall Advisers and so there can be no criticism that
he was trying to hide that relationship. This view is strengthened
by the fact that the meeting with the minister took place in the
House of Lords Guest Room, which is not a place that would normally
be chosen for cloak-and-dagger activities inconsistent with the
House's code of conduct.
It is not possible on the basis of the evidence that
we have received to know whether Lord Hoyle did disclose his relationship
with Whitehall Advisers to Lord Drayson at the meeting. But if
he did not do so, then to that extent he was in error, because
the House's code of conduct requires Members to disclose relevant
interests when communicating with ministers (para. 8(b)).
Members of the House hardly need to be reminded by
us that, in the present climate and given the interest in the
media and general public about standards of conduct in public
life, they should be especially careful to avoid situations that
might give rise to a perception of misconduct by them.
Having considered carefully the evidence we have
received, we do not believe that there was any deliberate misconduct
by Lord Hoyle. So we do not uphold the Guardian's complaint
against him. In any event, this is not a case that in our view
would warrant any further action against Lord Hoyle.