The Committee on Standards has today released a report on the conduct of Mr Marcus Fysh MP

This arose in the context of an earlier investigation by the Commissioner into whether the All-Party Parliamentary Group (APPG) for Education, of which Mr Fysh was Chair, had breached the requirements set out in the APPG Rules.

The Commissioner has supplied the Committee on Standards with a memorandum relating to the issue of confidentiality. Mr Fysh indicated to the Committee that he did not wish to supply any written evidence beyond that he provided to the Commissioner.

The Commissioner’s memorandum relating to the issue of confidentiality has been published as an Appendix to this report. The written evidence relating to the Commissioner’s inquiry have been published on the Committee’s website and can be found here.

The Committee summarises the Commissioner’s advice before setting out its decision.

• View the report in full here.

Background

The Commissioner opened his original investigation into Mr Fysh on 24 April 2023 after a complaint was made that during his tenure as Chair for the APPG for Education, Mr Fysh had breached the APPGs Rules. This investigation was subsequently concluded using the rectification procedure.

On 3 May 2023, BBC News ran a story on the investigation by the Commissioner, which included a statement by Mr Fysh. A further article with a statement from Mr Fysh appeared on the Somerset Live website on the same day. 

The Commissioner extended his original inquiry on 22 May to include whether Mr Fysh had breached paragraph 13 of the Code of Conduct, which concerns confidentiality during the investigation process. The Commissioner was required by the rules to bring this matter to the Committee’s attention.

The Commissioner’s opinion

The Commissioner has given his opinion that, based on the evidence he received, Mr Fysh gave a statement to media outlets which contained details of the ongoing investigation and therefore breached Rule 13 of the Code of Conduct. 

The Commissioner drew the Committee’s attention to the fact that his initial letter to Mr Fysh and the Procedural Protocol set out the confidentiality requirements, and the obligation under the Code not to disclose details in relation to an investigation.

The Commissioner has also, however, noted that:

a) In his opinion, Mr Fysh was attempting to be open and transparent in providing the information.

b) Mr Fysh has apologised to the Commissioner in writing and has accepted responsibility for his actions.

c) Mr Fysh has co-operated fully with the Commissioner throughout his investigation.

d) The statement made by Mr Fysh to the media did not impact the integrity of the Commissioner's investigation into the APPG rectification.

Mr Fysh’s position

Mr Fysh has apologised for his actions to the Commissioner. Mr Fysh further stated that his intentions behind speaking to the media were as follows: "to give information about the APPG that was already in the public domain and my activity as Chairman thinking again of a duty I thought I had to be open and transparent while not referring to your inquiry."

The Committee’s findings 

The Committee found that “It is clear that Mr Fysh breached rule 13 of the Code of Conduct by providing a statement to the media, in which he set out the actions he was taking in response to an ongoing investigation by the Commissioner”.

The letter provided by the Commissioner at the beginning of his investigation, and the Procedural Protocol appended to the letter, both highlight the need for confidentiality during the investigation process. Mr Fysh therefore should have been aware of the restrictions imposed upon him.

The Committee accepts the Commissioner’s view that Mr Fysh was attempting to be "open and

transparent" in making information public and that this did not impact negatively on the Commissioner's investigation. Mr Fysh has apologised for this inadvertent breach to the Commissioner and has been co-operative with his investigation and with the Committee’s inquiry.

The Committee urges all Members to take the injunctions on confidentiality in the Procedural Protocol, which was agreed by the House on 18 October 2022, with the utmost seriousness. It also draws Members’ attention to the provision in the Procedural Protocol where Members can apply to the Commissioner for permission to issue a factual rebuttal if significantly incorrect information has been made public.

The Committee’s recommended sanction

The Committee’s recommended sanction is that Mr Fysh should apologise to the House by a means of a letter to the Committee.

Further information

• Committee on Standards

Image credit: UK Parliament/Elspeth Keep