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We have the expertise and experience required to advise those who have been requested to attend and give evidence to Parliamentary Select Committees. We are able to meet with clients beforehand, brief them and explain the process and procedural rules.Our specialised team represents large organisations, many of whom have significant turnover and large contracts with central government departments. We understand the importance of risk management and how appearances before Select Committees have the very real potential to blemish reputations and affect future business.

We assist in training, preparing preparatory letters and statements with a view to addressing likely areas of MP orPeer questioning.

This briefing outlines the process of Select Committees so that those involved are well-prepared to deal with the style of questioning to be faced and provide constructive responses. We will also assist clients to provide written responses where questions have been asked and time to respond has been given.

The role and purpose of a Select Committee The influence of Select Committees has grown since 1979. We have seen from ongoing or recent investigations into BHS and Sports Direct how appearing before a Select Committee can feel like an onerous task, particularly if you are attending for the first time. Of note is the widening of scope of Committee inquiries – those advising clients, whether they be financiers, lawyers or others, are no longer excluded and interesting issues of legal professional privilege are raised.

In order to make the best impression, it is important that you understand the Committee Rules (Erskine May), the Standing Orders of the Houses of Parliament and be prepared ahead of time so that you can effectively address any issues relating to your area of expertise.

WitnessesThere have been a number of high profile occasions where witnesses have appeared unprepared or startled by MPs’ questions. Google’s executives have been asked about annual salary packages, and on other occasions seemingly over-promoted individuals have been questioned about their suitability for post. Witnesses frequently face speeches rather than questions, and from our many years of court experience we can provide guidance on the best approach to analysing the committee’s interests to seek to equip clients to answer unexpected, loaded or difficult questions. We can also adviseon steps in advance of attendance.

ParliamentarySelectCommitteesA practical guide for those invited to give evidence to Select Committees of the Commons and Lords

“We assist in training, preparing preparatory letters and statements with a view to addressing likely areas of MP or Peer questioning. ”

ScopeIt is important to bear in mind that not all of these hearings are high profile; some recent Health Committee investigations have included: end of life care, establishment and work of NHS Improvement, current issues in NHS England, the handling of NHS patient data and primary care.

Lords Select Committees do not shadow the work of government departments and their investigations look into specialist subjects instead. These committees concentrate on five main areas: Europe, science, economics, communications and the UK constitution. They too run inquiries, gather evidence and publish reports on issues within their specific areas.

Can you refuse to attend?The power to send for persons, papers and records is long established and given to each committee by the House in the standing orders.

Most witnesses attend parliamentary committees willingly. Very occasionally there are some discussion between the committee and people they would like to give evidence about timing and substance. On the rare occasion when a witness does not agree to attend, the committee may order their attendance. There have been no modern examples of a witness disregarding such an order. If that were to happen, the Committee would report them to the House for contempt and the matter would be investigated by the Privileges Committee. Historic sanctions such as imprisonment and fines are no longer available to enforce these powers.

Chief executives and finance officers of organisations such as News Corp, G4S, HSBC, Google, Sports Direct and those involved in the collapse of City Link have answered questions.

A Select Committee may exercise this power, first by sending a request or invitation to a potential witness to attend a committee hearing and then, if the request is not complied with, by issuing an order or summons. However, neither of these options reflect the existence of any power of compulsion that could ensure a witnesses’ attendance at the hearing. Although there is no apparent enforcement power, those refusing such a request could be found to be in contempt of Parliament, for which there are consequences.

The issue of contemptIf a Select Committee believes that its inquiry is being obstructed it could make a special report to the Privileges Committee, who would then consider the matter and make a recommendation to Parliament as to whether there has been a contempt and whether any punishment such as a fine or imprisonment should follow. It may be unlikely that the matter would be taken any further than the special report, but those potentially in contempt of Parliament must be aware of the reputational damage which a reference to the Privileges Committee and a finding of contempt could cause.

“We will also assist clients to provide written responses where questions have been asked and time to respond has been given.”

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The extent to which lawyers can interveneA number of high profile clients have attended hearings with lawyers or PR advisors and when the advisors have taken a seat by their clients found the committee chair asking them to sit in the public gallery. In an appropriate instance it may be possible to arrange for your advisor to sit with you.

With the lack of enforcement powers or penal consequences, there is little need for lawyers to ‘intervene’ once a witness has been summoned, other than to advise witnesses of the damage to their reputation and that of their organisation if they behave in an obstructive manner. However, we can aid witnesses in their preparation for the hearing at which they have been asked to give evidence. Any organisation will need to consider carefully who to send to answer the Select Committee’s questions and what they might say in response, as well as the general approach to adopt in relation to the proceedings. Poor performance before a select committee could cause almost as much reputational damage as a finding of contempt and, as with anything, preparation is key.

Top tips

• Preparation, preparation, preparation is the key route to a successful appearance before any committee

• Consider submitting a detailed statement or letter ahead of any appearance

• Know your facts

• Familiarise yourself with the names of MPs or Peers you are due to appear before

• Don’t be tempted to tell jokes but humour can play a role

• Be brief and give concise, clear and truthful answers. Avoid jargon.

• Do not volunteer information

• Ignore any goading questions or statements and remain calm (at all times)

• Don’t ask questions of the committee

• Offer to respond in writing to any questions you cannot answer or feel you may have answered better had you had time to reflect

Press interestAlmost all Select Committee hearings are held in public and members of the press can attend. If the evidence you wish to give is commercially confidential or touches on national security, the Select Committee may agree to hold part of the evidence session in private, but this would be rare. Many of the hearings are broadcast live or archived on the Parliament TV station. It is generally not advisable to speak to the press ahead of any appearance. We have links with expert PR firms who can offer specialist advice where needed.

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If you require further information, our team will welcome your enquiry.

Andrew ParsonsPartner, Head of Healthcare – Providers

T. 020 7227 7282E. andrew.parsons@rlb-law.com

Disclaimer This briefing is for guidance purposes only. RadcliffesLeBrasseur accept no responsibility or liability whatsoever for any action taken or not taken in relation to this briefing and recommend that appropriate legal advice be taken having regard to a client’s own particular circumstances.

ContactAndrew Parsons I andrew.parsons@rlb-law.com I +44 (0)20 7227 7282

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