Published on 17 October 2022

FOURTH SECTION

Application no. 23570/22 O.P. against the United Kingdom lodged on 10 May 2022 communicated on 27 September 2022

SUBJECT MATTER OF THE CASE

The applicant was elected as a Member of Parliament in 1987. He was a member of the Government from May 2010 until July 2014.

On 30 October 2019 the Parliamentary Commissioner for Standards (“PCS”) informed the applicant that an investigation was being commenced into allegations that he had breached the Code of Conduct for Members of Parliament. The PCS subsequently found that the applicant had acted in breach of the Code of Conduct by misusing Parliamentary resources, engaging in paid advocacy, and failing to disclose interests. In addition, it found that he had failed to demonstrate the selflessness and integrity which formed part of the principles of public life. Its report was placed before the Committee on Standards and on 26 October 2021 the Committee recommended a thirty-day suspension. The House of Commons approved the Committee’s report on 16 November 2021. That decision cannot be challenged.

The applicant resigned from office on 5 November 2021.

The applicant complains that his Article 8 rights were infringed, as the public finding that he had breached the Code of Conduct damaged his good reputation. In his view the process by which the allegations against him were investigated and considered was not fair in many basic respects. In particular, the PCS did not hear witnesses; it met in secret; he was given fifteen minutes to address the PCS, for the purposes of which he was not permitted to be represented by a lawyer; and there was no right of appeal.

QUESTION TO THE PARTIES

Is Article 8 of the Convention applicable? If so, has it been violated?