Do the public really care about lying to parliament? Yes, they do

MPs must weigh up this weekend how to approach the debate – and possible vote – on the Privileges Committee report on Boris Johnson. Snap polls show the public mood to favour strong action. Alan Renwick draws on Constitution Unit research showing that this desire for honesty in politics is deep and enduring. People want a robust standards system, in which lying to parliament is punished.

Snap polling conducted in the wake of this week’s Commons Privileges Committee report on Boris Johnson indicates that most people think the former Prime Minister did mislead parliament; they are far more likely to think that he was given a fair hearing than not and to believe that his punishment was too lenient rather than either too harsh or about right.

Such rapid polling always raises the question: are these views just a knee-jerk reaction, reflecting no deeper public sentiment? The answer is a simple ‘no’.

We at the Constitution Unit have carried out detailed investigations over the past two years into public attitudes towards the state of our democratic system. We conducted large-scale surveys in the summer of 2021 and again last summer. And we held a Citizens’ Assembly on Democracy in the UK over the final months of 2021. The first survey took place before partygate, while the second was in the field during Johnson’s final days in office, after he announced his resignation. The Citizens’ Assembly – which shows what a representative sample of the UK population thought about our democratic institutions after learning about the issues and discussing them over six weekends – reached its conclusions as the first partygate allegations were breaking, but before they peaked in early 2022. These sources thus provide a medium-term view on patterns of public thinking over the last two years, rather than being driven by this week’s events.

All the evidence shows that most people in the UK care a great deal about whether their elected representatives are honest. They think those who are not honest should be punished. They do not think it should be left to voters to use the one ballot they get to cast every four or five years to serve up this punishment. They want parliament to act against wrong-doing. If parliament fails to uphold the rules, they think matters may need to be taken out of MPs’ hands.

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The misleading of parliament greatly troubles the public: something should be done

The recent case of Boris Johnson, now referred to the Committee of Privileges, highlighted perceived problems in handling allegations of MPs misleading the House of Commons. Meanwhile, Constitution Unit research shows that the public want tough sanctions for such behaviour. Meg Russell summarises these findings, in the context of the Johnson inquiry, and a parallel inquiry by the Commons Procedure Committee on correcting the record – arguing that serious consideration should be given to tightening the rules.

Recent context

Concerns about the truthfulness of politicians are nothing new. Indeed, historically politicians may often have been subject to unfair criticism in this area. Within parliament, and particularly with respect to ministers, there is a strong expectation that members should tell the truth. The December 2022 edition of the Ministerial Code states in its very first article (as did its predecessors) that:

It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister.

Within parliament, this matter is in theory handled equally seriously. Erskine May states that ‘The Commons may treat the making of a deliberately misleading statement as a contempt’. As such, this behaviour may be referred to the Committee of Privileges for investigation leading to possible punishment.

These matters reached prominence under the premiership of Boris Johnson, who was frequently accused – by MPs and others – of misleading parliament. Things came to a head over statements that he had made about ‘partygate’ (the holding of social gatherings in 10 Downing Street during the COVID-19 lockdowns), which ultimately resulted in Johnson being referred to the Committee of Privileges. It is currently undertaking an investigation. Aside from the allegations themselves, controversy has reached the news over Johnson submitting a legal opinion to the committee questioning its processes, and over his legal advice being funded by the public purse. Hearings by the committee are expected in due course, with a report later this year.

Meanwhile, the House of Commons Procedure Committee is conducting a parallel inquiry which also addresses handling of misleading statements to parliament, with a focus on ‘correcting the record’. Unlike the Committee of Privileges, the Procedure Committee has invited evidence on general issues, rather than a single case, and it exists to propose changes to Commons procedures. Understandably, therefore, it has attracted evidence from those concerned about recent events.

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