Johnson referred to the Committee on Privileges:
In April 2022, Prime Minister Boris Johnson was referred by the House of Commons (where the Conservative Party has a large majority) to the House of Commons Committee on Privileges (which has a Conservative majority but is chaired by Opposition MP Harriet Harman)..
Referral of Prime Minister to Committee of Privileges - Hansard - UK Parliament.
During the Covid-19 pandemic, the Police had issued Fixed Penalty Notices in connection with events at No. 10 Downing Street and the Cabinet Office. Johnson, Rishi Sunak, and others accepted the notices.
In the House of Commons, Johnson asserted on several occasions either that "all guidance was followed" or that he had been "repeatedly assured" that "no Covid rules were broken."
The House asked the committee to consider whether Johnson's conduct amounted to contempt of the House.
Committee procedure:
The committee decided a Resolution on Procedure dated 19 July 2022 - Matter referred on 21 April 2022: proposed conduct of inquiry (parliament.uk).
The committee was advised by Sir Ernest Ryder who, until retirement from the judiciary in September 2020, was Senior President of Tribunals and a Lord Justice of Appeal - (see Judiciary).
On 1 September 2022, a legal opinion by Lord Pannick QC and Jason Pobjoy was published by No 10 Downing Street. They were asked to advise the Prime Minister (Boris Johnson MP) in relation to the inquiry being conducted by the House of Commons Committee of Privileges.
Legal Opinion by Lord Pannick QC relating to the Privileges Committee - GOV.UK (www.gov.uk)
That opinion concluded that the Committee was proposing to proceed "by reference to substantive errors as to the ingredients of contempt and the standard of proof required, and is proposing to adopt an unfair procedure. But for Parliamentary privilege, a court hearing a judicial review application brought by Mr Johnson would declare the Committee's Report to be unlawful."
The Pannick opinion was the subject of blogposts from several notable commentators - e.g. Legal opinion on the Privileges Committee’s ‘Partygate’ inquiry: Some comments – Public Law for Everyone.
For me at least, the opinion set alarm bells ringing. I wrote (September 2022) - 'If the committee finds Johnson in contempt there is the possibility that Johnson and his supporters - (and he still has them) - will claim that the whole process is unfair and, in effect, a kangaroo court. Such views (or narratives) are perhaps best avoided.'
To try to avoid such narratives it would have been necessary for the committee to adopt the Pannick opinion BUT, because of parliamentary privilege, it was under no legal obligation to do so.
On 26 September 2022, the Committee rejected Lord Pannick's opinion - Privileges Committee comments on legal opinion - Committees - UK Parliament - 'The Committee accepts the view of its impartial legal advisers and the Clerks that Lord Pannick’s opinion is founded on a systemic misunderstanding of the parliamentary process and misplaced analogies with the criminal law.'
Further legal opinion:
11 October 2022 - There was a further opinion by Lord Pannick and Jason Pobjoy - HERE. The barristers addressed criticisms from the committee of their earlier opinion.
24 April 2023 - A third opinion by Lord Pannick KC and Jason Pobjoy - HERE.
Sir Ernest Ryder in a Memorandum provided further advice to the committee - HERE. Ryder addressed points made in Pannick's third opinion.
Issues and hearing:
On 3 March 2023, the committee issued a report setting out a summary of issues to be raised with Johnson at a hearing to be held on 22 March - see Matter referred on 21 April 2022: Summary of issues to be raised with Mr Johnson (parliament.uk) and also Committee of Privileges - House of Commons Library (parliament.uk).
The committee held its hearing on 22 March 2023 and this can be viewed at Privileges Committee publish documents for reference in oral evidence hearing with Boris Johnson - Committees - UK Parliament.
Although the evidence session lasted over 3 hours it is a "must watch" for anyone seriously wishing to know the detail.
Johnson informed:
In early June 2023, in accordance with procedure published by the committee, Mr Johnson was given the committee's draft report and had 14 days to respond.
Boris Johnson studies MPs’ report into partygate allegations | Financial Times (ft.com)
On Friday 9 June 2023, Johnson announced that, with immediate effect, he was resigning as MP.
Boris Johnson to step down as MP with immediate effect (inews.co.uk).
Johnson's statement:
Johnson issued a statement - Read it here. - condemning the entire committee process and containing comments such as - "Their purpose from the beginning has been to find me guilty, regardless of the facts. This is the very definition of a kangaroo court."
The Committee has NOT published any report though it seems likely to do so in the near future. A further question is what will the House do with the report now that Johnson has resigned. It also remains to be seen whether either the committee or the House will try to refute the statement by Mr Johnson.
As for Mr Johnson, I doubt that we have heard the last of him but, at the moment, there is only speculation.
Update 14 June 2023:
Boris Johnson calls for Tory MP on privileges committee to resign | Boris Johnson | The Guardian
Update 15 June - The final report:
Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report (parliament.uk) - a lengthy report but the conclusions are easy to find.
Johnson was found to have misled the House of Commons (several times), that this was deliberate, and there was a serious contempt of Parliament. In addition, the committee found that Johnson had breached confidentiality, had impugned the committee, and was complicit in attempted intimidation of the committee. A suspension of 90 days would have been recommended but for his resignation. If accepted by the House of Commons - (and the House has the final say) - that would have triggered the Recall of MPs Act.
Annex 1 of the report deals with the criticisms levelled at the committee's procedures by Lord Pannick KC and Jason Pobjoy.
Announcement of Commons debate on the committee report - Business of the House - Hansard - UK Parliament
Update 16 June
Committee of Privileges - House of Commons Library (parliament.uk)
Review of fairness and natural justice in the House's standards system (parliament.uk) March 2022
No comments:
Post a Comment