Standards in Public Life

Baroness Smith of Basildon Excerpts

Thursday 9th September 2021 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I join those who have congratulated my noble friend Lord Blunkett not just on initiating the debate but on the way in which he did so and the points he made. One of the most poignant things he said in his introduction was that the integrity and conduct of our Government is not just important for the functioning of democracy at home; it impacts on our international reputation and authority.

What I have found so encouraging about this debate is, first, that despite the comments by the noble Lord, Lord Balfe, Members have been here to listen to other Members and not just make their own speeches; and, secondly, how deeply colleagues feel about the integrity of the political and parliamentary processes of public service. I draw particular attention to the comments of my noble and much valued friends Lord Davies of Oldham and Lord Dubs, with their own long public service in both Houses, and their concerns that this can be denigrated and affect our ability to be effective in what we do.

In some ways, today’s debate follows on from the debate on Monday in the name of the noble Lord, Lord Norton, about the status of the House of Lords Appointments Commission and the Government’s approach to appointments. The issue of standards is about not just politicians and politics but the behaviour of all those in responsible positions in public life. That has to start with government and Parliament. The comments about our personal responsibility by my noble friend Lord Hunt and the noble Baroness, Lady Stowell, are points extremely well made. What we do and say, and what government does and says, has an impact on the national behaviour. The comments made by my noble friends Lady Donaghy and Lord Puttnam showed just how much this House values the integrity and credibility that we bring to our work.

Let us be realistic: there has never been a golden age in which politicians have been universally loved and admired. I recall a meeting with a former Secretary of State for Health, speaking to a room full of medics. He said to them: “Between us, we have the support of 99% of the population. You’ve got 97% and I’ve got 2%.” These are not golden times, but perhaps that is a little harsh. The question today is: has there been a fundamental change in political responsibility that has had a deep impact on the respect and, more importantly, the confidence in which politicians are held?

My starting point on this is a ministerial resignation—understandably not recent, but the one referred to by the noble Lord, Lord Stunell, from 1947. As Chancellor, Hugh Dalton made his way to the Chamber—this Chamber, incidentally, because the other was damaged—to present the Budget in 1947. He was stopped by John Carvel, a reporter from the evening Star, who asked an innocuous question about what he was going to drink at the Dispatch Box. Unfortunately, like most politicians he chose to talk too much, got into a brief conversation and gave him a few bullet points from the Budget as he was going to the Chamber to present it. The Star immediately got a stop press of a few bullet points on the front of the local paper. MPs were in the Chamber—he was presenting the Budget—and very few people outside could have read it before he presented it to Parliament. An inquiry that later took place even said it had no economic impact whatever, but he took full responsibility and resigned his post. His integrity was praised.

By contrast, when the independent adviser Sir Alex Allan investigated the Home Secretary following allegations of bullying civil servants, he advised the Prime Minister that she had broken the Ministerial Code. It was not the Minister who resigned but the adviser.

As the noble Lord, Lord Kerr, referenced, when the Falkland Islands were invaded in 1982, the Foreign Secretary resigned, saying in a letter to the Prime Minister:

“The Argentine invasion of the Falkland Islands has led to strong criticism … of the Government’s policy. In my view, much of the criticism is unfounded. But I have been responsible for the conduct of that policy and I think it right that I should resign.”


Contrast that with a Foreign Secretary going on holiday and then remaining out of the country as an international crisis unfolds.

So, yes, there is clear evidence of a fundamental shift. I do not think that our expectations are lower, but we have ceased to be surprised when a Minister clings on to their job by their fingertips. In this regard, I was struck by the comments of the noble Lord, Lord Smith of Finsbury, on the consequences of flouting standards of behaviour. While the individual Minister and the Prime Minister may breathe a collective sigh of relief at getting away with it, they need to recognise that this chips away at the moral integrity and authority of government, and indeed of politics as a whole. That is the danger in some of the behaviour we have seen.

We have heard a number of examples today, but I will focus on three areas in which changes could and should be made: government procurement; appointments, particularly of non-executive directors; and the Ministerial Code and the Committee on Standards in Public Life.

On procurement, it has now been exposed that companies with no relevant experience or track record were awarded contracts for PPE during the Covid crisis. The noble Lord, Lord Bethell, has had to admit to Parliament that there was potential litigation in respect of 40 PPE contracts to the value of £1.2 billion, involving 1.7 billion items of PPE that were not delivered or were unsafe. That is a scandal of historic proportions. The noble Lord shakes his head, but I got this from a Parliamentary Answer he gave. He said discussions are ongoing that could lead to potential “legal action”.

We need a full and independent investigation to uncover the scale of this problem, including the involvement of Ministers and their political advisers, whether the rules were adequate and whether the rules were broken. It has to investigate whether there was any impropriety in the awarding of £2 billion-worth of Covid contracts to Conservative donors or friends of Ministers, because £2 billion is a lot of taxpayers’ money. It would be helpful if the noble Lord, Lord Bethell, could report back on the legal action as soon as he is in his place; we would welcome that.

On government appointments, it was Peter Riddell, as Commissioner for Public Appointments, who said that

“the precarious balance between ministerial patronage and appointment by merit ‘is under threat’.”

Personally, I am not against ministerial involvement in public appointments, but it has to be absolutely clear and transparent that the appointment is on merit. I wrote to Simon Case about the appointment of the noble Baroness, Lady Harding, to try to understand whether she was a civil servant and what the rules of appointment were. The response I got back was inadequate but honest: basically, there were no regulations in place and no transparency. She did not have to abide by the Civil Service Code and could be very party political. That seems to me an unacceptable position that we are in.

The noble Lord, Lord Kerr, drew specific attention to the appointment of non-executive directors in government. When the Government insist on appointing friends, donors and special advisers to non-executive director roles on departmental boards, it fundamentally alters the role of those boards. They are supposed to be there to provide challenge, scrutiny and insight to government. If they fail to do that, it undermines the role of the boards and good governance.

On Monday, we discussed appointments into your Lordships’ House; it was raised today by my noble friends Lord Griffiths, Lord Dubs and Lord Brooke. The Government seem to have torn up the rulebook on this. The House agreed to the Burns report—that two Members would come out and one would go in, to reduce the size and maintain political balance. That is not the Government’s view, and it is very sad. It is interesting that it has been universally condemned across the House.

Time is not allowing me to say as much as I wanted to on the Committee on Standards in Public Life. I was grateful to the noble Lord, Lord Evans, for his very thoughtful comments today, as well as his comments on the Elections Bill, with which I concur. It is quite clear—I have mentioned this to the Minister before—that there need to be changes. The Government should take forward some of the changes recommended to preserve the integrity of the work the committees do.

Perhaps the greatest obligation on Ministers and all parliamentarians is the responsibility and obligation of honesty and openness. I have had to write to the Leader of the House more than once about the inadequacy of ministerial answers to questions from Members of your Lordships’ House. We want to see full answers for good reasons, and I hope that the Minister will be able to address that today, but it has to start at the top, with the Prime Minister.

I am sure the Prime Minister wishes that he had never been caught on camera telling manufacturers in Northern Ireland that they would not have to fill in any forms and, if they had a customs form, they could throw it in the bin or send it to him. We have a Prime Minister who will give answers to get him through the moment with a throwaway line, and that does not help to improve public perception of the honesty of your Lordships’ House.

I think things have changed from the days of Hugh Dalton and Lord Carrington. I do not share the optimism of the noble Lord, Lord Young of Cookham, but I want to remain optimistic. I still believe that politics is a force for good. I also believe that the overwhelming majority of those in political and public service behave with decency, integrity and honour—and with enthusiasm for and commitment to what they do. When others do not, that undermines us all.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, it has been an extensive debate. It is customary on these occasions to say that it has been an outstanding debate, but let me not, on this occasion, be customary. Let me say sincerely that it has been an outstanding debate. I thank all those who have taken part. The subject being discussed is of profound importance, and I know I speak for all noble Lords present, as well as those who have spoken. So many people here in this Chamber have had the honour that I have had, over quite a long life, of public service in many different walks of life. I believe that we all share a common desire and a common interest to achieve the best, to root out wrongdoing and to reflect in the best way we possibly can a sense of honour— honour on the profession of politics and honour on our place in your Lordships’ House. I have been very grateful for the opportunity to listen to the debate; I assure all noble Lords that I have listened to it very carefully; and I am grateful to all those who have taken part.

I do not wish to single out the noble Lord, Lord Evans of Weardale, or the noble Lord, Lord Stunell, but it has obviously been particularly helpful to have their contributions from the perspective of the Committee on Standards in Public Life, and I thank them for the work they do. I must echo others in thanking the noble Lord, Lord Blunkett, for moving the Motion and, as many have said—including, I think at her conclusion, the noble Baroness, Lady Smith—for the way in which he moved it.

On these occasions, I try—although I am sometimes a little combative, I know—to avoid the yah boo thing that our dear friends in the other place sometimes get into of saying, “Well, he did that, but you did that”, et cetera. I agree with the very wise remarks of the noble Lord, Lord Dubs, and I do not agree with politicians criticising other politicians except where there is a very legitimate and strong case to do so. It does not help any of us. The tenor of this debate, where we have, in the words of the noble Lord, Lord Griffiths of Burry Port, come together in a common endeavour, is very important. I was not so happy about his use of the word “rotten” later in his speech, but I will forgive him for that.

I have listened with great respect. I agree with the fundamental point made by the noble Lord, Lord Blunkett, about the need for high standards. I differ with some on the idea that we have now descended into an age of rust and that standards now are uniquely poor or corrupt. I do not believe that is true and, as I said at the outset, it does a disservice to the vast bulk of those in this place and in public service.

I will try to address the main points that have been made, but before I move on, I give the noble Lord, Lord Blunkett, the fundamental assurance he asked for: these matters are constantly under review. The voices that your Lordships have raised today will be part of that review and consideration, and a number have been referred to in the debate.

I agreed with the remarks of my noble friend Lord Young of Cookham and others, notably the right reverend Prelate, about the need for proportionality. That informed this debate: the need to admit our own fallibility. It is certainly my personal credo that one is imperfect and must seek to do better day by day. We must all strive for the highest ethical standards, and I agreed with the point made in the thoughtful speech made by the noble Lord, Lord Brooke of Alverthorpe: it is about not just the processes of central or local government, but ourselves in this House. Yes, we need to examine ourselves and the way we do things and, in the old language of this House, as I said, to seek to stand on honour.

I agree, too, with what my noble friend Lady Stowell of Beeston and the noble Lord, Lord Hunt, said: meeting the letter of the law is not enough; we need to go beyond the letter of the law. I do not wish to impugn the legal profession, but this is not a House of small print lawyers; this should be a House which aspires, as should the Government as a whole, to do more than the letter of the law to uphold standards.

This House, with its Members drawn from so many walks of life and professions and with such experience to share—that is the strength of an appointed House—has always played an important role in preserving our national reputation for good government and high standards. I know it does not always seem that way but, while I am at this Dispatch Box, I welcome the challenge that comes to the Government from this place, from parties and colleagues opposite and—yes, I use the word used by the noble Lord, Lord Parekh, I think—friends.

We should never be complacent. We should continually hold ourselves to high standards. Many noble Lords have rightly continued that tradition today in the course of their comments.

The noble Lords, Lord Wallace of Saltaire and Lord Tyler, in particular, referred to the fact that it is 26 years since the Committee on Standards in Public Life completed its inaugural report. Before that, yes, indeed, I was present in No. 10—I think it was on a Monday morning—when we discussed these matters and decided to go forward with that proposal, which was a good policy and has stood the test of time, to set up the Committee on Standards in Public Life under the chairmanship of a former Member of your Lordships’ House, Lord Nolan.

He set down those principles, which have rightly been referred to by so many of your Lordships. We know what they are, but it is worth reading them into the record again, because they are fundamental: selflessness, integrity, objectivity, accountability—yes—openness, honesty and leadership. I have heard the call for a broader tapestry to be woven on top of them, and work is done constantly by the Committee on Standards in Public Life to do so, but we must never lose sight of those fundamental principles. Lord Nolan led the committee admirably, and his legacy through the Nolan principles will be remarked on for many years to come.

The noble Lord, Lord Puttnam, said that those seven principles of public life are the bedrock of ethical standards in government—in this Government and in all Governments. They give all of us who work in public life a set of principles to embody and to take pride in upholding, at every level—in my case, from my first day in local government as a young councillor upwards.

The noble Lord, Lord Foulkes, referred to devolved Administrations. I was grateful that he did not attack me today, although I always enjoy it when he does; I rarely go home from this House without a few lashes on my back. I will not go too far—as he knows, this is a delicate area—but I am aware that Article 9 of the Bill of Rights is not necessarily applicable to Members of the Scottish Parliament. However, it is a matter for the Scottish Parliament to consider, in our view, and I am sure that his powerful speech will have been heard and noted outside this House.

Following on from Lord Nolan, I pay tribute to the successive chairs of the Committee on Standards in Public Life, coming down to the present day with the noble Lord, Lord Evans. He and his committee have, a quarter of a century after the Nolan principles were first laid out, embarked on the second Standards Matter review to ensure that the highest standards are maintained. This work is in progress, but it has been a landscape review of the institutions, processes and structures in place to support high standards of conduct. Let me be absolutely clear: the Government welcome the work being undertaken by the committee, recognise the importance of such recommendations in ensuring the conservation of high standards in public life and will, of course, consider the final recommendations of the committee’s review carefully—as the committee would expect and all noble Lords would accept.

In the interim, the committee has set out its views on four main topics: the Ministerial Code and the independent adviser on ministerial interests; business appointment rules; transparency around lobbying; and the regulation of public appointments. Although we are at this interim stage and the final government responses will come later, since many of the observations made by noble Lords in the debate touched on these areas, I will venture to provide some comments on all four of those issues now.

The noble Baroness, Lady Smith of Basildon, and many other noble Lords, referred to the Ministerial Code and the role of the independent adviser on ministerial interests. The Government have discussed this frequently and believe that the Ministerial Code should remain the responsibility of the Prime Minister of the day. This reflects the Prime Minister’s constitutional position as the sovereign’s sole adviser on matters concerning the royal prerogative—in this case, on the appointment, dismissal and acceptance of resignation of other Ministers. From that position flows the accountability to this sovereign Parliament of the Prime Minister for the appointment and removal of Ministers.

In its valuable and important report—and I am not anticipating the final report or conclusions—the Committee on Standards in Public Life said in its findings that the Ministerial Code should be issued by the Prime Minister and that there should be a range of graduated sanctions for breaches of the Ministerial Code. This is being addressed. It said that the issuing of those sanctions should be a matter solely for the Prime Minister, and that rests on this constitutional doctrine, which most of us under successive Administrations have accepted.

However, the Ministerial Code does require Ministers to maintain high standards of behaviour and provides guidance on how Ministers should act and arrange their affairs in order to do so. The Prime Minister is the judge of that, ultimately, but to assist him in the responsibility a Prime Minister has an independent adviser. In May, the Prime Minister appointed a highly regarded Member of your Lordships’ House to that role, the noble Lord, Lord Geidt. Many noble Lords will remember that, as part of the process of appointment, my right honourable friend the Prime Minister agreed with the noble Lord new terms of reference for the role and set out his position on the role in a letter to the noble Lord, Lord Evans.

The letter confirms a number of important points. First, where, in the assessment of the adviser, the adviser believes an allegation about a breach of the code might warrant further investigation, he will raise the issue with the Prime Minister. Secondly, where a matter is referred to the adviser and his work is concluded, the adviser’s advice on his conclusions will be published in a timely manner. There should be a range of potential outcomes if the breach of the Ministerial Code is determined to have occurred—in fact, this has always been the case, but a more formal approach is suggested. The adviser should have a specific role in providing recommendations about the appropriate sanction in the circumstances where it is determined that a Minister has failed to adhere to the standards set out in the code. The adviser should be appointed for a non-renewable five-year term to give him or her independence. And when the adviser undertakes work, it should be supported by civil servants who act under his direction and report to him.

Many noble Lords today, including my noble friend Lord Young of Cookham, have commented that the changes to the terms of reference embodied in that letter do not go far enough and that the independent adviser should have the power to initiate their own investigations. In response, I point to the comments of the noble Lord, Lord Geidt, in evidence to PACAC in the other place, that he would wish to operate the new terms of reference for a period before drawing conclusions about their efficacy, but I take note of what noble Lords have said in the debate.

The noble Lord, Lord Blunkett, and others, referred to the role of ACOBA and business appointments. The noble Baroness, Lady Smith, also referred to this matter, which has been a focus within the Standards Matter 2 review. The business appointment rules are an integral part of how the Government uphold integrity and retain public trust. I share the concern of noble Lords that they should be effective and consistent, and as set out in my honourable friend the Minister for Constitution and Devolution’s Written Statement on government transparency and accountability in July, the Government have been working to improve the operation and efficacy of the rules.

Again, as the noble Lord, Lord Blunkett asked, we do not assert that this is completed work; it is all ongoing work—ongoing consideration. The work will consider and implement improvements to the scope and clarity, the consistency and proportionality, and the enforcement of the rules. The Government are working closely with the Advisory Committee on Business Appointments and departments across the Government to implement changes, and there will be an update to the rules later this year.

The Government do differ from some of your Lordships. They believe that a statutory system would be out of line with the general principle of UK law that Ministers and officials are subject to the same legal system and statutory framework as all others. The rules form part of civil servants’ and special advisers’ contracts of employment and, as such, are subject to legal processes. That is the same legal approach and potential sanctions for breach of contract as apply to all other private citizens who might have similar provisions in employment contracts with private companies.

The noble Baroness opposite asked about PPE and procurement in that respect. As the noble Baroness said, my noble friend Lord Bethell on hearing those remarks, I think, would say that is not true, and the Government would say that, in relation to whether the PPE in the cases referred to was necessarily inadequate, we are protecting the taxpayer’s interests—

[Baroness Smith of Basildon (Lab)]

I am so sorry to interrupt the Minister, but he is aware that the noble Lord, Lord Bethell, shook his head at me as I made a particular point, and he has just said that would not be true. This was a Written Question that was answered on 1 September 2021. The noble Lord, Lord Bethell, said:

“As of 27 July 2021, the Department was engaged in commercial discussions (potentially leading to litigation) in respect to 40 PPE contracts with a combined value of £1.2 billion covering 1.7 billion items of PPE.”


That is a direct quote from Hansard.

[Lord True (Con)]

My Lords, I did not deny that there were cases of litigation. I was making the point that, in those cases, it was not necessarily the case that the PPE concerned was inadequate. I do not challenge what the noble Baroness opposite said and was not seeking to do so.

The experience of Covid-19 shows that we could be better at ensuring consistency in the management of conflicts of interest. Updated commercial guidance on the management of actual and perceived conflicts of interest was published this May, to provide commercial teams across government with further information on the roles and responsibilities of those involved in decision-making and risk management and how provisions may be applied to suppliers. The future legislative scheme will continue to place a legal duty on authorities to prevent and remedy conflicts of interest, with additional policy and guidance provided by the centre where the need arises. Our broader proposals to strengthen transparency and non-discrimination measures will also complement the fight against conflicts of interest, which is an important fight.

Regarding the next theme in the committee’s Standards Matter 2 review on strengthening transparency around lobbying, I am pleased that, despite the need to reprioritise resources to respond to the Covid-19 pandemic, good progress continues to be made this year by central government departments in publishing core transparency data. Yes, transparency is important.

The noble Lord, Lord Clement-Jones, asked about AI transparency and standards. We recognise the need to develop appropriate mechanisms to increase transparency and accountability in decisions made by semi-autonomous systems, and to monitor their impact. Currently, data scientists across departments use the Data Ethics Framework and other guidance, including the guide to using AI in the public sector, to support a safe and fair use of algorithms. Building on the existing work on algorithmic and data ethics, the Government are developing appropriate and effective mechanisms to deliver more transparency on the use of algorithmic-assisted decision-making within the public sector. I can assure the noble Lord that that remains under consideration.

More broadly, the Cabinet Office supports departments to publish data that is consistent, timely and helpful, including with regular communications, guidance and training, and offers of more bespoke support where required. The Government will consider the committee’s recommendations on how the Cabinet Office should work

“To improve the quality of departmental transparency releases”.


Separately, I can assure noble Lords that the Government are reviewing Part 1 of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014. Part 1 of the Act increased transparency around the work of consultant lobbyists by establishing a statutory register of consultant lobbyists and an independent registrar with powers to monitor and enforce compliance. We will set out the conclusions of this review work in due course and take also into account the work of the Boardman review.

I do not wish to go into the matter of the Boardman review at great length, but I heard the remarks of the noble Baroness, Lady Donaghy, and understand her strong personal statement on that. Mr Boardman provided the Prime Minister with a report that sets out his findings of fact. It was published, as we all know, on 22 July, with the contested consequences the noble Baroness referred to. The Government thank Mr Boardman for all his work in examining the evidence. We will publish the second part of the Boardman recommendations shortly and consider them. The Government will also, in that context, want to consider the recommendations made by the parliamentary Select Committees which have looked at this and the Committee on Standards in Public Life. Again, this is work in progress, not in any sense work dismissed.

The final part of the review by the Committee on Standards in Public Life focused on the regulation of public appointments, on which a number of noble Lords have spoken. We also had some discussion earlier this week about the appointment of non-executives to government departments. I repeat that all non-executive appointments are subject to compliance with the Committee on Standards in Public Life. The process—

I am sorry, but I have been looking at the wrong clock.