Standards of Behaviour and Honesty in Political Life
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The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I am very grateful for the opportunity to hear this important debate. At one point in what I thought was a very interesting and wide-ranging speech from the noble Viscount, Lord Colville of Culross, he referred to politicians being infuriated by things that they hear and by each other. I am never infuriated by your Lordships—certainly never at the Dispatch Box. One is always improved by hearing debates in your Lordships’ House, and I thank noble Lords for their contributions. They will not be surprised that I have not agreed wholeheartedly with all of them, but I thank all those who have spoken. Indeed, I thank the noble Lord, Lord Morse, for moving the Motion on this important topic, which I believe should be a topic of universal agreement. Who does not want to see the highest standards of behaviour and honesty in public life?
It would not be unreasonable to note that it was one minute and 15 seconds into the speech of the noble Lord, Lord Morse, when he moved from the general to the particular and launched an attack on my right honourable friend the Prime Minister. This remained a theme in his speech, and it seemed to be a theme that is quite congenial to many noble Lords who spoke. Noble Lords will not, with all respect, expect me to agree with that. I understand some of the criticisms, which the Prime Minister has acknowledged, which allude to faults and mistakes. Some ventured into hyperbole. The noble and learned Lord, Lord Brown of Eaton-under-Heywood, and the noble Lord, Lord Desai, in a characteristically fresh and interesting contribution, added some useful correctives.
I feel there was a sense behind some of the speeches that if one could somehow remove, without election, an elected Prime Minister with the confidence of the House of Commons, then we would all emerge as chevaliers sans peur et sans reproche, and public life would be wonderful. The noble Lord, Lord Mann, in the opening of a powerful speech, had a strong response on this: issues of trust are very wide, and I think the House was silent when he made what some might have felt was a shocking reference to this House’s performance in regard to the referendum result.
The standards for public servants in the United Kingdom, including those who serve in public life, are expected to be high, and I agree with my noble friend Lord Balfe and others, that we bear a particular responsibility, and that is the focus of today’s debate. Although we beat each other up, those standards are rightly regarded as among the world’s strongest still.
In relation to my right honourable friend the Prime Minister, there is, as noble Lords know, an upcoming Procedure Committee inquiry into subjects which some have alluded to, and I am not going to pre-empt the conclusions of another place. I acknowledge that the Government asked the country to make extraordinary sacrifices in the Covid pandemic, into which there will be a full and, I hope, searching inquiry which will reflect the principle of transparency—which, I agree with the noble Lord, Lord Mann, is very important. The Prime Minister has acknowledged, in the other place, people’s anger and hurt, and offered a full and unreserved apology for the mistakes made. I do not propose to repeat the Prime Minister’s words, but I reiterate that he has been clear he is committed to making changes to address the issues raised, and learn from those mistakes, which is one of the points that the noble Lord, Lord Collins, raised.
The Government have already been taking steps since the Second Permanent Secretary’s interim update to address some of the specific shortcomings identified in the report and ensure that there is stronger and more professional leadership. This includes appointing a new Permanent Secretary to lead the new leadership team in No. 10, charged with applying the highest standards of governance, as well as ensuring that every government department has a clear policy on the consumption of alcohol in the workplace.
I acknowledge your Lordships’ impatience to hear a response to all the very important reports that have been put to the Government. My erstwhile noble friend Lady Wheatcroft asked about the Boardman review. The Government are carefully considering both the Boardman review report and the other reports that have been referred to, such as the CSPL report on upholding public standards. They are wide-ranging reports.
Some of the recommendations from the CSPL report have already been responded to, as has been alluded to, in terms of the Ministerial Code. On the Boardman report, some changes have been implemented and made public. For example, the Treasury has issued revised guidance on the use of supply chain finance and the Government have recently made changes to the independent adviser role and the Ministerial Code, which are also alluded to in that report, in response. The Government will respond to those reports. Again, I have to disappoint your Lordships by saying that this will be in due course, but these are important matters. Your Lordships have rightly underlined their importance, and I will take that message back.
The seven principles of public life are woven into the codes of conduct for Members of this House and those of another place. The noble Lord, Lord Collins, complains that the seven principles are not in the foreword. They were put in the foreword of the previous version by the current Prime Minister, and I believe they are in section 1 of the Ministerial Code. The principles are central to the code, which sets the standards of behaviour expected of those of us who have served, do serve and will serve in Her Majesty’s Government, which I hope Her Majesty will oversee for many more years to come. The seven principles of course apply much more widely too. They apply to all civil servants, to those in local government and across public life.
There were some interesting references and thoughts in the debate on honour and a moral framework. The noble Lord, Lord Mann, said with a touch of regret that the time when honour was enough has passed. The right reverend Prelate spoke of the need for a moral framework, as did my noble friend Lord Cormack. It is certainly true that, long before the seven principles, there was a good and simple principle that reigned in your Lordships’ House which did not, in those days, have an army of institutions to police: that every Peer should stand on his or her honour. That may not be the whole answer, but I believe it is for each of us. The noble Lord, Lord Wallace of Saltaire, talked about conscience. Each of us must stand on what we believe is our honour and I will certainly always try to be truthful at this Dispatch Box.
I reject the assertion that standards of behaviour and honesty across public life or in other areas have declined to the degree that some of your Lordships have asserted. I would argue that there are some areas of public life where standards are higher and enforced more firmly, by both colleagues and opponents, than they ever were. All of us have the overriding duty not to betray the trust of the people, returning to the point made by the noble Lord, Lord Mann. There are big issues. The noble Lord, Lord Desai, reminded us that policies and politics are also things we are all judged on. We are not complacent about matters of ethics and conduct, or about upholding the principles of public life. We should all remain vigilant about the need to hold ourselves to the high standards the public expect of us, and to account for our behaviour.
There is another side to that. I have been guilty in the past and doubtless will be again of lashing out with criticism of people in other political parties who strive in all honour to do their best for the public and the public polity. I challenge the remark of the noble Lord, Lord Wallace of Saltaire, when he perhaps impishly said that the Church could not be Conservative because of a concern for the poor. Does he not believe that Conservatives strive to elevate the condition of the people and have ever done so since the days when Disraeli spoke of the two nations in our country? We should not throw so many stones at each other so furiously that perceptions, which many noble Lords have alluded to, that standards of behaviour have deteriorated become self-fulfilling prophecies.
We must be held to account. The noble Viscount, Lord Stansgate, made some interesting remarks on that, saying that we perhaps place ourselves at the mercy of powerful interests outside the House if we criticise each other when it is not justified. I do not challenge justified criticism. He also made some interesting remarks about resignation, which is of course the ultimate weapon—the ultimate resort—and he gave some very good examples.
Turning to some of the specifics in the debate before I run out of time, many noble Lords addressed the role of the independent adviser on Ministers’ interests and the Ministerial Code. The noble Lord, Lord Butler of Brockwell, in a thoughtful and in some places challenging speech, said that there is a balance here. There are difficult issues which must be reflected on. The reforms recently made represent the most substantial strengthening of the role of the independent adviser since its creation in 2006. I will not go through all the changes that were made but I will touch on a couple of the most important, which some of your Lordships alluded to. The independent adviser’s role has been expanded to include a new ability to initiate investigations in relation to allegations where there has been a breach of the code. That is a significant change. Some say that the long-stop demur of the Prime Minister is unacceptable. I have given instances where that might be necessary. The noble Lord, Lord Butler of Brockwell, added his own insights on that. However, it is a move forward.
The Ministerial Code now also includes new detail on proportionate sanctions for a breach of the code. I agree with what the noble Lord, Lord Butler of Brockwell, said on that. That was a recommendation, which we supported, of the Committee on Standards in Public Life. The Government have agreed that the independent adviser will also be consulted about revisions to the code, again as recommended by the Committee on Standards in Public Life. It was the opinion of the former independent adviser that this new regime was workable but now, in light of the recent resignation of the noble Lord, Lord Geidt, the Government have further committed to considering the adviser’s role and to reviewing how best this important function can be delivered.
Last week, the noble Lord, Lord Geidt, raised a number of issues in relation to the role of the independent adviser, as did the PACAC, to which he gave evidence just prior to his resignation. It is right that these comments be carefully considered, which means that time will be taken to reflect on them before a decision is taken on how best to fulfil the Prime Minister’s commitment to ensuring rigorous oversight and scrutiny of ministerial interests. I know that some concern has been expressed about the timing and potential outcome of this review. Let me echo the commitment made by my right honourable friend the Minister for the Cabinet Office earlier this week in the other place. The Government will undertake this work in good time. The independent adviser’s role is an important one and our commitment is that it should continue.
Be in no doubt that we remain fully committed to making sure that all Ministers maintain high standards of behaviour and behave in a way that upholds the highest standards of propriety, as the public rightly expects—and, frankly, carefully watches. Woe betide those whom the public conclude are irredeemable. We want to ensure that whatever arrangements are made, they are workable and can be trusted by Parliament and Ministers alike.
I reassure noble Lords that during this period of review, the process of managing ministerial interests will continue, in line with the Ministerial Code. I heard what the noble Lord, Lord Butler of Brockwell, said about Permanent Secretaries. In the interim, the code sets out that Permanent Secretaries in each department and in the Cabinet Office can provide advice to Ministers and play a role. We published transparency information just two weeks ago, in the form of the latest list of ministerial interests. I assure the noble Lord, Lord Mann, that transparency information is a key part of accountability. Accountability is one of the issues that one must reflect on in talking about creating statutory bodies which have oversight of elected officials or Ministers. To whom are such bodies ultimately accountable, in the way that the Prime Minister is accountable for the conduct of matters?
I agreed with what the right reverend Prelate the Bishop of Blackburn said about the need to adhere to a moral framework and with his remarks about a growing illiberalism in our society. That is not a comment about the Liberal party but about how a sense that one has to think one way appears to be emerging—he referred to the so-called cancel culture. That is a form of intolerance which is unattractive.
I was asked about the Northern Ireland protocol, and some noble Lords referred to breaking international law. We will have opportunity to debate the Northern Ireland protocol and indeed, shortly, matters relating to retained European law and the Bill of Rights proposals. The Government’s position as to the Northern Ireland protocol legislation is that it is lawful under international law, and the Government’s legal position is set out in the policy paper that the Foreign Office published online on the Government’s website on 13 June.
On secondary legislation, I accept that there is a widespread feeling in your Lordships’ House that this is a thorny topic. It is the position constitutionally that delegated powers are granted only by Acts of Parliament, each one of which will have been thoroughly scrutinised in both Houses of Parliament. Your Lordships’ Delegated Powers Committee rightly challenges the Government, and the Government will seek to make sure that there is an appropriate balance between measures that are put in a Bill and those which, for various reasons, will need to be delegated. Ultimately, however, it is for Parliament and your Lordships’ House in the passage of legislation to consider these matters. For example, the Schools Bill was referred to as being currently scrutinised in Committee in the Lords; the Government are listening carefully and engaging closely with Peers on these important debates.
My noble friend Lord Wolfson, in an opening speech which one could not forget although it was quite early in the debate, made a powerful contribution on the rule of law. He recalled the events of 2005, which I think were a great sadness to many of us who were either working here or Members of the House at that time, when, I believe, ill-considered reform led to the changes in the office of Lord Chancellor which have taken place. He made no criticism of successor Lord Chancellors, and I endorse what he said about my right honourable friends Sir Robert Buckland and Mr Raab—I assure the House that their intent and desire to uphold the rule of law is absolutely clear. I will reflect carefully on my noble friend’s speech, but it is not a current priority for the Government to assess whether further legislative changes to the office might be necessary. The Ministry of Justice submitted evidence to this effect to your Lordships’ Constitution Committee inquiry into the role of the Lord Chancellor, which is published on the committee website.
I finish by saying that the Government continue to regard standards in public life as of paramount importance and the seven principles of public life as the bedrock of ethical conduct and integrity. The whole Government, from the Prime Minister down, are committed to making sure that all Ministers are held to account for maintaining high standards of behaviour and behaving in a way that upholds the highest standards of propriety, as the public rightly expect. As part of that commitment, we continue to consider carefully the recommendations of the Committee on Standards in Public Life and the other committees that have been referred to, and will update your Lordships’ House on this work in due course.