The former attorney general Sir Geoffrey Cox is the MP currently in the spotlight amid a wider controversy about second jobs and outside interests, after it emerged that in his work as a QC he has been representing the British Virgin Islands (BVI), both from London and the Caribbean. In a statement on Wednesday, the Torridge and West Devon MP insisted he had done nothing improper, and that his extensive outside work was “no secret”. Nonetheless, Labour and the Lib Dems have demanded an inquiry into Cox’s activities. Here are the main areas of controversy over his extra-parliamentary work: Doing outside work while in parliament While MPs are allowed to have other jobs, they are not permitted to use parliamentary resources to do them. This was one of the charges upheld against Owen Paterson, the now-resigned Tory MP whose paid lobbying instigated the current fuss. Paterson held meetings connected to his lobbying in his Commons office, and used Commons stationery for some letters. Footage has emerged of Cox taking part virtually in hearings in which he represented the BVI over allegations of misgovernance and corruption. He appears to be doing so from his parliamentary office. At one point on 14 September Cox apologised for an absence, saying “the bell went off”, thought to be an apparent reference to the division bell, which calls MPs to vote. Opposition parties want Kathryn Stone, the parliamentary commissioner for standards, to investigate what they believe is a breach of the rules. In his statement, Cox says he would accept Stone’s verdict, but “does not believe that he breached the rules”.
Working abroad while parliament was sitting As well as representing the BVI via video link, Cox represented its government and its premier, Andrew Fahie, in person in the Caribbean, in April, May and June this year, including periods when the Commons was sitting. Cox took part in a number of votes while he was away, doing so via a proxy. Proxy voting was first introduced to the Commons in January 2019, initially just for new parents. In June last year, amid Covid, the arrangement was extended for MPs who could not be in Westminster for medical or public health reasons, and then in November, to any MPs who preferred to not vote in person “for medical or public health reasons relating to the pandemic”. This element expired in July this year. Under the rules as set out, Cox would appear not be have been allowed to cast a proxy vote so he could do non-MP work. However, in his statement Cox said he “consulted the chief whip specifically on this issue and was advised that it was appropriate”. Travelling abroad amid the pandemic During spring, restrictions on travelling abroad remained notably tougher than they are now. Overseas trips from England were only permitted with a “reasonable excuse”. One of these was travel for business “where it is not reasonably possible to complete that work within the UK”. Among examples listed were work linked to critical infrastructure, national security or diplomatic purposes. Cox is likely to have a reasonable argument that his trip was necessary, both in terms of the difficulty of holding weeks of legal hearings remotely, and the fact he was representing a national government.
Working too many outside hours to be an effective MP Cox’s contribution to the register of MPs’ interests shows significant hours devoted to Withers, the international law firm representing the BVI, with a continuing commitment from this month of up to 41 hours a month, or around 10 hours a week. It does seem to be the case that Cox’s contributions to the work of the Commons have been minimal since he took on the BVI case. From 1 April this year until now, Cox has spoken just three times in the chamber, according to Hansard, all on the same day, 13 September. However, as long as MPs do not break rules, for example on paid lobbying, there is in effect no limit on how much outside work they carry out, and it is up to their electors to decide. Cox makes this point in his statement, one he opted to voice in the third person: “Sir Geoffrey’s view is that it is up to the electors of Torridge and West Devon whether or not they vote for someone who is a senior and distinguished professional in his field and who still practises that profession.”