Prime Minister’s Adviser on Ministers’ Interests

Bernard Jenkin Excerpts

Tuesday 17th July 2012 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I beg to move,

That this House calls on the Government to implement the recommendation made by the Public Administration Select Committee in paragraph 44 of its Twenty-second Report of Session 2010-12, The Prime Minister’s Adviser on Ministers’ Interests: independent or not?, that the Independent Adviser on Ministers’ Interests ‘should be empowered to instigate his own investigations’; and notes that this motion has been agreed by the Public Administration Select Committee.

I am extremely grateful to the Backbench Business Committee for giving the House this brief opportunity to express an opinion on this question today. The Public Administration Select Committee motion is supported by no less than 18 Select Committee Chairmen. The issue turns on a simple question of principle, which is whether or not the Prime Minister’s adviser on Ministers’ interests should be able to decide for him or herself to investigate a potential breach of the ministerial code. All the credible advice that we have received suggests that such a decision should be a matter for the adviser and not for the Prime Minister.

The Public Administration Select Committee—PASC—has advocated that course of action since the first adviser, Sir John Bourn, was appointed by Tony Blair in March 2006. The ministerial code sets out the circumstances in which the adviser—always referred to as the “independent adviser”—is requested to investigate alleged breaches of the code. Under the present arrangements, the question of whether or not to investigate is therefore in the hands of the Prime Minister of the day, on the advice of the Cabinet Secretary.

In 2006, in paragraph 17 of PASC’s report entitled “The Ministerial Code: the case for independent investigation”, the Committee warned:

“It is hard to see how the Independent Adviser can command public confidence if the Prime Minister can decide that prima facie breaches of the Code will not be investigated. Put simply, there is no point in having an investigator in post if he is not given discretion to investigate very public allegations that the Code has been breached.”

Paragraph 20 of the report points out:

“The decision to instigate an investigation still lies with the Prime Minister. The Prime Minister is clearly not an impartial figure when it comes to deciding whether or not to instigate an investigation. If the regulatory system is to have credibility, that decision must be taken out of political hands.”

In paragraph 34 of the report, the Committee therefore concluded:

“Until the changes we outline have taken place, it is inappropriate to refer to the new investigator as an Independent Adviser.”

The previous Government refused to accept PASC’s recommendation because they believed that

“it must ultimately be for the Prime Minister to account to Parliament for his decisions and actions in relation to the appointment of his Ministers”.

I have to say that that rather missed the point. The Committee was not suggesting that the Prime Minister should cease to make decisions about who to appoint or to dismiss as Ministers, or that he should cease to account to Parliament for those decisions. It merely suggested that he should be supported by truly independent advice.

PASC’s most recent report on the subject, entitled “The Prime Minister’s adviser on Ministers’ interests: independent or not?” was published this year. In it, we concluded that, because our previous recommendations had not been implemented,

“the title of ‘independent adviser’ is a misnomer.”

Paragraph 44 of that report also reiterated PASC’s central recommendation

“that the independent adviser should be empowered to instigate his own investigations. The Prime Minister could do this on his own initiative, without any need for legislation, but placing the post on a statutory footing would be preferable.”

The disadvantages of the present arrangements have been manifest in recent months. Sir Philip Mawer, the previous incumbent, expressed his frustration to the Committee that he was given no role in the investigation of the conduct of my right hon. Friend the Member for North Somerset (Dr Fox) in respect of Adam Werritty, and suggested that there needed to be a willingness to engage the adviser earlier in the process of investigating potential breaches of the ministerial code. In that case, the Cabinet Secretary conducted the investigation instead of the adviser. Why? We were told that the adviser would have taken too long. However, PASC has established that Sir Philip’s successor, Sir Alex Allan, will conduct swift preliminary inquiries if asked to do so, so that he can play his proper role. The problem of public perception was all the more acute in the case of the Secretary of State for Culture, Olympics, Media and Sport and the conduct of his special adviser, Adam Smith.

The problem with the present system is that as soon as the question of a serious potential breach of the code and a possible referral to the Prime Minister’s adviser arises, the Prime Minister is damned if he does, and damned if he does not. Referral is seen either as condemnation of the Minister’s conduct or as an attempt to protect the Minister from a full investigation. The same damage is done to the reputation of the Minister in question who, if innocent, would doubtless prefer the clean bill of health given by an independent investigation. In the more recent case, we finished up with one of the most unpleasant and acrimonious debates in the House of Commons that I have ever witnessed. The office of the independent adviser was set up to improve public confidence in the conduct of Government, but that episode does not vindicate it as a success.

Changing the procedure would avoid all that. It would make the adviser more genuinely independent, and it would help to remove the public suspicion that ministerial conduct can be protected from proper investigation. Short preliminary investigations, unimpeded by political considerations, would speed up the whole process.

[Alun Cairns (Vale of Glamorgan) (Con)]

I pay tribute to my hon. Friend for his chairing of the Committee and for the contribution that he is making today. I strongly support what he is saying. Can he offer the House any guidance on how we can best protect against potential witch hunts by those in the media who simply want to make life difficult for a Minister and get an investigation under way?

[Mr Jenkin]

I submit that that would be a question of the robustness of the adviser. The process would operate in a similar way to that of the Parliamentary Commissioner for Standards, in that if the adviser felt that there was a serious case to answer, he would pursue it. If he thought that it was based on hearsay or tittle-tattle, he would dismiss it. Obviously, the moment at which he announced an investigation would be a threshold moment, but we have experience of that with the Parliamentary Commissioner for Standards, who operates in that manner.

[Kelvin Hopkins (Luton North) (Lab)]

I support what the hon. Gentleman is saying. In response to the hon. Member for Vale of Glamorgan (Alun Cairns), I think that media witch hunts would be less likely if the new arrangements were to be adopted, because the media would be less suspicious that anything untoward was happening.

[Mr Jenkin]

The hon. Gentleman also serves on the Committee, and I am grateful to him for his participation. He makes his point extremely well. Witch hunts start when there is a suspicion that the Prime Minister is seeking to protect a Minister from an investigation. That is when the media—and, indeed, Her Majesty’s official Opposition—tend to jump on the bandwagon.

[Andrew Miller (Ellesmere Port and Neston) (Lab)]

I want to express my full support for the motion and for the Committee’s report. There are certain questions that many people will ask, and they need to be put on public record. To whom should the independent adviser be directly accountable, and who should appoint him if we are to ensure the maximum degree of genuine independence?

[Mr Jenkin]

The hon. Gentleman raises a salient point. The manner of the adviser’s appointment was mentioned in the report, although I am not going to address it directly today. In 2003, before the post was established, the Committee on Standards in Public Life originally recommended that the appointment should be made through the public appointments process and overseen by the Commissioner for Public Appointments. That has not happened. It did not happen with the appointment of Sir Alex Allan, and we have been highly critical of that fact. We believe that there should be an open public appointments process for this role, as there is for any other significant public appointment.

[Dr Julian Lewis (New Forest East) (Con)]

My hon. Friend seems to be making an unanswerable case. Will he explain to the House the present position if a Minister chooses to refer him or herself to the independent adviser? Would that position change if his proposals were adopted?

[Mr Jenkin]

I imagine that any Minister who pressed the Prime Minister for referral should be granted one; however, it might be granted or it might not be—it is a matter for the Prime Minister. That is that. I do not know what a Minister who wanted to be referred would do if the Prime Minister refused that; I think he would just have to lump it.

[Robert Halfon (Harlow) (Con)]

It is a privilege to serve under my hon. Friend’s chairmanship on the Public Administration Select Committee. Will he confirm that, although the report recommends that the Prime Minister’s adviser should be independent in making the decision, he will nevertheless operate under a clear set of guidelines to help him make that decision?

[Mr Jenkin]

I think the guidelines are the ministerial code, and it should be for the adviser to determine his own process, but it is perfectly reasonable for the Government and the Prime Minister to insist that the adviser has a quick process to establish prima facie cases and decide whether they are worthy of further investigation rather than go into the full process straight away. I can understand the Prime Minister being reluctant to refer cases to Sir Philip Mawer, who had established a very long, tortuous and indisputably fair process, but not one that could be quick under the pressure of political events as required.

[Mr William Cash (Stone) (Con)]

Has my hon. Friend given any thought to his own Committee’s involvement in pre-appointment scrutiny in the light of the comments and thoughts of the Liaison Committee on such questions?

[Mr Jenkin]

We held a hearing with the new adviser on Minister’s interests, but we were anxious—at least, I was anxious—to make it clear that it was not a pre-appointment hearing. Personally, I have absolutely no doubt of Sir Alex Allan’s bona fides and integrity. Unfortunately, we expressed the view that the manner of his appointment undermined the idea that he is actually an independent adviser, although he is certainly an adviser. He has a day job, too, in that he advises Ministers on their respective private interests and potential conflicts of interests, and ensures that there is a register of Ministers’ interests. That is his main job, and I have no doubt that he does it extremely efficiently. As I say, however, the manner of his appointment does not lead the public to believe that he is truly independent.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

Does the hon. Gentleman have any plans to persuade his Committee to do further work in this area, perhaps in line with Sir Philip Mawer’s suggestions for trying to establish ground rules for assessing whether Ministers should be suspended as and when an investigation is taking place—a suggestion made in answer to an earlier question from the hon. Member for Vale of Glamorgan (Alun Cairns)?

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[Mr Jenkin]

We are certainly minded to conduct a further inquiry into the ministerial code at some stage. At the moment, we are waiting for the Government to respond to our latest report on the Prime Minister’s adviser.

To reiterate, the Parliamentary Commissioner for Standards has the power to instigate his own investigations. Who would suggest now that he should not? His office would command little public support and therefore provide little protection for the reputation of this House and its Members. Other systems in countries such as Canada allow political ethics regulators to instigate their own inquiries into ministerial conduct. How can the Prime Minister—any Prime Minister—be objective or, perhaps more importantly, be seen to be objective when he has to make judgments about close colleagues that could have far-reaching political consequences? I appreciate the fact that Government insiders, including my right hon. Friend the Prime Minister, see this as a potentially huge change, but those who are outside government and not imbued by being in government see this as a very obvious change to make.

Today, on the last day of term, not many colleagues are here, but I nevertheless intend to press this matter to a vote. I challenge Ministers not to resist, and I challenge Labour Members, too, to show how they now embrace what they resisted when they were in office. I have no doubt where public sentiment lies, so let us not delay any longer to bring about what should have been implemented years ago, for this issue will return again and again. PASC will return to it, too, until this recommendation is accepted.

[Several hon. Members]

rose—

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[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

This has been a brief but interesting debate. I commend the work of the Public Administration Committee, chaired by the hon. Member for Harwich and North Essex (Mr Jenkin). He has rightly received praise for the tenacious way in which he and his Committee have pursued these issues. I hope he will forgive me if I praise my hon. Friend the Member for Newport West (Paul Flynn), too, for he has also pursued these issues with considerable vigour and tenacity.

I studied the contributions of all Select Committee members. I carefully read the questions they put to Sir Philip Mawer and Sir Alex Allan, and noted in particular the contributions of my hon. Friend the Member for Luton North (Kelvin Hopkins), who is also a consistent campaigner on these issues, my hon. Friend the Member for Glenrothes (Lindsay Roy), and the hon. Member for Leeds North West (Greg Mulholland). They all made good contributions to this debate, too.

This debate would not have the resonance it currently has outside the House if it were not for the Prime Minister’s mishandling of key questions about possible violations of the ministerial code—a point that was implicit in the speech of my hon. Friend the Member for Glenrothes.

The Opposition remain determined to take the steps necessary to continue the process of restoring trust in the political process. When we were in government, we took steps to reform Parliament, passing new laws to protect our democracy. We acted to increase transparency and strengthen public accountability for Members of the House of Commons. On ministerial accountability, we also introduced further reforms. The then Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), introduced the publication of an annual report and a list of Ministers’ interests, again to increase transparency and Ministers’ accountability to this House. He also appointed Sir Philip Mawer as the independent adviser on Ministers’ interests, calling on him, as a number of Members have mentioned, to investigate the then Member for Dewsbury in May 2009, against whom a particular allegation—it was unfounded, as it turned out—had been made. Sir Philip investigated and the Minister was cleared and returned to his ministerial duties.

I have a number of questions for the Minister and, if I may, the Chairman of the Public Administration Committee, but the context of our debate is worth touching on. It is the Prime Minister’s refusal, using the Leveson inquiry as his reason, to ask Sir Philip’s successor, Sir Alex Allan, to investigate the conduct of the Secretary of State for Culture, Media and Sport, and the Prime Minister’s failure to call in the independent adviser in the case of the right hon. Member for North Somerset (Dr Fox), that form the backdrop to our debate. The fact that so many Members wanted this debate is in no small part due to the Prime Minister’s refusal to use consistently a system which the last Prime Minister established and used, but which the current Prime Minister now appears unwilling to use—except when he is sure of the outcome.

In short, the motion before the House today is the direct result of the belief of too many Members, on both sides of the House, that the Prime Minister has mishandled his responsibility for the ministerial code.

[Mr Jenkin]

I resent the hon. Gentleman making that implication, because I do not think that it does reflect why all the signatures are on the motion. What it does reflect, however, is the fact that the previous Labour Government did not accept this recommendation from the predecessor Committee. It is incumbent on him to explain whether the Labour party has now changed its mind and will support this motion, or whether he is just going to use this opportunity to make political points in this debate.

[Mr Thomas]

I will come to the position that Opposition Front Benchers are taking, but the Chairman of the Public Administration Committee is wrong not to recognise the considerable concern on the Opposition Benches—and the Government Benches—at the Prime Minister’s decision not to refer the case of the right hon. Member for North Somerset to the independent adviser, which I understand prompted the Committee’s original inquiry into this issue in this Parliament. The Prime Minister’s more recent decision to refer the case of the noble Baroness Warsi and not that of the Culture Secretary has galvanised interest in the Committee’s work in this area.

The shadow Leader of the House, my hon. Friend the Member for Wallasey (Ms Eagle), set out in her speech on 13 June some detailed concerns, which I do not intend to dwell on now, about the Prime Minister’s failure to uphold the code and to ensure that an appropriate investigation took place.

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[Mr Jenkin]

I am extremely grateful for the opportunity to reply to this debate, Mr Deputy Speaker. It is custom and practice in this place to say what an interesting debate we have had, but we really have had an interesting exchange on this occasion. I am very grateful for, and indeed touched by, the warm remarks of members of the Public Administration Committee who have made comments about how much they enjoy working on that Committee—that goes for me, too. I very much appreciate their participation and support for our activity.

Many of those hon. Members spoke in this debate, but by far the most interesting contribution was made by my hon. Friend the Member for Rochester and Strood (Mark Reckless), who raised a number of interesting things about the ministerial code. We are not debating its content; we are debating how the code should be enforced. He should somehow take part in our inquiry into the ministerial code, when we get to it, because he has a lot of important and interesting contributions to make, but I submit to him that the code should be owned by Parliament and controlled by Parliament in order that it can become a mechanism that can be used by Parliament to hold Ministers to account.

Let us remember that the code was secret until quite recently. It was published only recently and it was only very recently that it started being referred to in statute. The point has been made that a change has been smuggled in whereby Ministers have to obey international law even if there is no statute that requires them to obey that law. That is an extraordinary constitutional innovation and it is one of the things that we would want to look at.

I want to complete my remarks by referring to the two Front Benchers. They are both erudite and intelligent people who have done their best to avoid addressing the crunch issue. I understand why the Government are reluctant to make the change, but I am prepared to press this to a vote because otherwise we will be back again having exactly the same debate as we always do. I put it to the Opposition spokesman: if we finish up with another debate moved by the Opposition on why somebody has not been referred—

House of Lords Reform Bill

Bernard Jenkin Excerpts

Monday 9th July 2012 Commons Chamber

[Jesse Norman]

My hon. Friend makes a shrewd point very quickly and elegantly.

The Bill is being pushed through the Commons by the Government—before the summer, on a whipped vote and with a guillotined debate—but the central question concerns the likely constitutional crisis that will arise from the Bill, which will transform the Lords into a Chamber competing with the Commons. The result will be gridlock, cronyism and a rise in special-interest politics.

The US offers a useful cautionary tale. The American political system is manifestly struggling: beset by gridlock; vulnerable to powerful special interests, from the gun lobby to the American Association of Retired Persons; and its politicians elected by corporate lobbyists through political action committees, recently liberated by the Supreme Court from any spending constraints under the first amendment. The two Houses have repeatedly found it impossible to achieve consensus on important legislation. Pork-barrel has been replaced by stand-off. President Obama’s health care Bill is a classic example and it ended up in the Supreme Court.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Is not my hon. Friend adverting to the fundamental conundrum at the heart of the Government’s presentation of the Bill? On the one hand, they are arguing for a more legitimate House; on the other, they are arguing that there will be no change in the relationship between the two Houses. It does not add up.

[Jesse Norman]

My hon. Friend is exactly right. As my noble Friend Lord Forsyth put it, what would be the point of electing these people if not to give them more power? Exactly the same thing as has happened in the US will happen here. I refer my colleagues and Members across the House to Lord Pannick’s brilliant memorandum on the issue, which has been published this afternoon. Lord Pannick is widely regarded as one of the most excellent lawyers and advocates of his generation, and is specifically expert in the Parliament Acts. He is also precisely the kind of person who would never be willing to stand for election to a new Senate. In his words:

“The Bill does not adequately address the central issue of constitutional concern: the fact that a House of Lords most of whose members will be elected will almost certainly be much more assertive than the unelected House of Lords and reluctant to give way.”

Lord Pannick states that the Parliament Acts

“only relate to the end of the legislative process, and not the day-to-day conventions which (at present) result in the Lords giving way to the Commons. Indeed, the Parliament Acts do not apply at all to Bills introduced in the House of Lords or to subordinate legislation.

The crucial question is this: should the Bill seek to regulate all these matters, or leave them to convention? If it leaves them to convention, then the result will be disputes between the two competing chambers. If it regulates these issues, then the result will be that relations between the chambers become justiciable in law, as they did over the Hunting Act, which went all the way to the Supreme Court.”

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[Mr Charles Kennedy (Ross, Skye and Lochaber) (LD)]

I will not follow immediately on from the tempting suggestion made by the hon. Member for Rhondda (Chris Bryant), because I want to direct the bulk of my remarks to the parliamentary Labour party.

I should begin by making my position clear because, as colleagues in my ranks and across the Floor of the House know, I have something of a reputation in this Parliament as a coalition sceptic, having not supported its formation. It is therefore with all the more enthusiasm that I am speaking strongly in favour of the coalition proposals, as outlined by my right hon. Friend the Deputy Prime Minister this afternoon.

One of the things that has driven me in politics over the decades is that when one comes into the British House of Commons in a third-party position—I have been part of the Social Democratic party, the Alliance and the Lib Dems—there is an overwhelming sense, which we are seeing in this debate, that the forces of small c conservatism within both the principal parties are ranged against one. Today, colleagues on both sides of the House have said, “Of course I am in favour of the principle of House of Lords reform.” To listen to their rhetoric or to read it in Hansard, one would think that they had been lying awake at night for years fretting about this issue. They go on to say, “But not this reform,” “Not at this time,” “Not in this way,” “Not for these reasons,” “Not because of that political context,” and so on.

This debate is reminiscent of one of the first cross-party debates that took place when I was first elected in 1983, which was about televising the House of Commons. When I look at those, particularly from the House of Lords, who have been in the public prints over the weekend warning of the pestilence, plague and Niagara falls of misfortune that will descend upon our nation if we try to reform the House of Lords as outlined in today’s proposals, I recall, funnily enough, that many of the same voices, many of the same names and an awful lot of the same arguments were raised against the pernicious effect that televising the House of Commons would have. Had they lived in a different generation, those people would have had the same instincts and the same conservative gut reactions against votes for women. It goes on and on. That is why I make my plea to the Labour party in particular.

I listened to the Labour leader on BBC Radio 4’s “World at One” at lunchtime today, speaking no doubt with sincerity. When he says that Labour will oppose the programme motion, while supporting the principle of reform, in the best-case scenario he is being breathtakingly naive in parliamentary terms and in the worst-case scenario he is displaying abject party political cynicism. I hope that it is not the latter, because I think a lot more of him than that.

I say that because of my experience, some 20 years ago, of the Maastricht treaty. That is what this occasion reminds me of more than anything else. Labour held themselves together in opposition brilliantly under John Smith’s leadership. He had the rallying cry of the absence of the social chapter, which united Eurosceptics and Euro-enthusiasts in the Labour ranks. That kept the Labour party together and kept the heat on John Major’s Government. We found ourselves having to vote on many an occasion, in circumstances that were bitter, controversial and politically damaging in the short term, to enable the Maastricht business to proceed, because Labour was seeking to thwart it. We are in a similar position here.

[Mr Jenkin]

Will the right hon. Gentleman give way?

[Mr Kennedy]

I will give way in a moment, of course, because the hon. Gentleman is a fellow survivor of that era.

The votes on Maastricht were a bad experience for the Conservative party because of its rebels. I fear that its rebels on this issue will find that they are stoking up an awful lot of trouble within their own parliamentary ranks later in this Parliament. The other message of that experience was that, no matter how much one tries to feed and placate the sceptics, they come back for more. They want more and more red meat, and eventually they end up devouring you. That will be the danger if the programme motion is not passed.

[Mr Jenkin]

I am in danger of agreeing with one or two things that the right hon. Gentleman is saying. The Maastricht debates were a disaster for Parliament because of the way in which they were conducted. The solution then would have been to have a referendum, and the solution now is to have a referendum to avoid the kind of disaster that he is talking about.

[Mr Kennedy]

We will see, assuming that we have the parliamentary progress that is required, what happens on that issue. I was a European spokesman for my party at the time of Maastricht and voted in favour of a referendum. Folk of my generation voted for a referendum, while people of David Steel’s generation voted against. If we have a vote on a referendum in the course of our proceedings, which I dare say we will, it will be interesting to see what happens. It might yet become a way of breaking the logjam—who knows? I am not going to declare on the issue yet because I want to get through 10 o’clock tomorrow night first. We will take it one step at a time.

I was deeply disappointed by the opening contribution from the right hon. Member for Tooting (Sadiq Khan) on behalf of the Labour party. If that represents the Front-Bench apotheosis of Labour enthusiasm for Lords reform, then God help us, whether we are debating the matter for 10 days and nights on the Floor of this House or for a longer period if the programme motion is defeated tomorrow evening. I can only assume—I am being charitable to him—that his speech on this occasion had to be a non-committal holding operation, while Labour weighs up the advantage, sees what happens tomorrow night and decides where to go from there. He showed studied ambiguity about what the Opposition would do if they were successful in thwarting the programme motion tomorrow night, and how much time they would insist upon for debate on the Floor of the House. The repeated delphic absence of a response to those questions spoke volumes. I plead with the Labour party: do not just play the Bill for narrow party advantage, play it for the historic opportunity that it is.

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[Angela Smith]

That depends entirely on what the Bill looks like when it is presented to the British people. Hon. Members who have sat through the past seven hours of the debate will realise that the vast majority of Members of the House want the Bill debated thoroughly and amended to make it fit to put before the British people. The Joint Committee agreed unanimously on that point. It remains a mystery to Opposition Members that the party that was so keen to hold a referendum on the alternative vote system is so shy of supporting a referendum to determine the essence of our democracy and our parliamentary institutions. What on earth are they afraid of?

[Mr Jenkin]

I remind the hon. Lady that the Liberal Democrats were not keen to have a referendum on the AV system; it was forced on them by circumstance.

[Angela Smith]

The hon. Gentleman makes a good point.

The Bill clearly needs improvement if it is to work effectively to strengthen our democracy and our law-making processes. It needs to be informed by rigorous debate and further consideration of constitutional expertise. It needs scrutinising not only in relation to the issues I have already referred to, but in relation to the size of the proposed Chamber, which was mentioned by a large proportion of the Members who contributed to the debate; the proposed length of terms of representation; the transition period; and the voting system for the election of its Members. The Bill currently recommends a semi-open list system, as opposed to the single transferable vote proposed in the draft Bill. Today, however, we have witnessed a lack of clarity about what the numerous variations of proportional representation mean, so once again the need for thorough debate has been firmly underlined.

The Bill proposes the biggest constitutional change our country has seen since the Parliament Act 1911, which is why we need to take care over its progress—we need to get it right. It would damage our democracy if the House were to force through the Bill without adequate debate and scrutiny—an argument that has asserted itself at every twist and turn of this debate. It was mentioned by my hon. Friend the Member for Wrexham (Ian Lucas), my right hon. Friend the Member for Stirling (Mrs McGuire), my hon. Friends the Members for Rhondda (Chris Bryant) and for Stoke-on-Trent Central (Tristram Hunt), my right hon. Friend the Member for Birkenhead (Mr Field), my hon. Friend the Member for Lewisham West and Penge (Jim Dowd) and my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett)—to mention just a few.

My right hon. Friend the Member for Sheffield, Brightside and Hillsborough pointed out that a range of views are present in this debate. The fact of those views absolutely makes the case for a period of thorough scrutiny. I would particularly mention the right hon. Member for Mid Sussex (Nicholas Soames), who pointed out rightly that Members need to read carefully the comments of the Clerk of the House about the reforms, particularly in relation to Commons primacy. That is a really important point. Members need to acquaint themselves with those comments and concerns before making up their minds about the Bill on Third Reading. Moreover, it would help the Bill if the Commons arrived at a consensus on the way forward by hammering out agreed positions via a process of debate and amendment.

The Opposition welcome reform of the House of Lords, and want to secure its progress and conduct the process constructively. My concluding words are therefore directed at the Deputy Prime Minister, who was asked in a letter sent to him last week by a Member of the other place to show a little more respect for our ermine-clad colleagues:

“If the future of one of the key parts of our British Constitution is to be debated in a responsible way, it is surely important that deliberate factual errors and insulting insinuations should not be part of the debate.”

The House is familiar with the cavalier manner that the Deputy Prime Minister deploys when making his arguments, and we are well accustomed to his tendency to exaggerate to make an argument, but today’s debate has underlined the point made by the other place. For the most part, this debate has been good humoured and civilised. He should respond by curbing his excesses and working with colleagues, not against them.

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[The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)]

I do not think that any self-imposed injunction on personal and disparaging comments could have been breached quite so promptly as it was by the hon. Member for Penistone and Stocksbridge (Angela Smith) just then, with her reference to my right hon. Friend the Deputy Prime Minister. Nevertheless, this has been a good debate, in which 36 Back Benchers have had the opportunity to speak so far—and of course, it is only half-time.

There has been good support for the Bill—some qualified and some wholehearted—and it has been expressed by many. We have heard good speeches from my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso), my right hon. Friend the Member for Ross, Skye and Lochaber (Mr Kennedy), the right hon. Member for Neath (Mr Hain), and the hon. Members for Nottingham North (Mr Allen), for Stoke-on-Trent Central (Tristram Hunt), for Cities of London and Westminster (Mark Field), for Rhondda (Chris Bryant), for South Thanet (Laura Sandys), for Bishop Auckland (Helen Goodman) and for Carlisle (John Stevenson). Let me single out for special comment the exceptional speech by the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), who made the important point that what we have before us builds on what the right hon. Member for Blackburn (Mr Straw) started and what Robin Cook produced in conversation with other parties, which is the bedrock of the consensus—which I hope we can still reach—on reform of the House of Lords.

There have also been speeches against the Bill. I am afraid that some have erected straw men so as to knock them down, mentioning things that have simply never been suggested by the Government, but which hon. Members nevertheless felt the need to speak against. However, some speeches were well argued. I would like to single out the hon. Members for Altrincham and Sale West (Mr Brady), for Mid Sussex (Nicholas Soames) and for Ealing Central and Acton (Angie Bray), who I know will have had difficulty making the comments she did today. We can disagree with people but still respect the arguments they put forward. Of course I do not agree with them in opposing the legislation, but I respect the way they put their arguments.

Some Members are simply against an elected House. I respect that, although of course I do not agree with them. It is not what their respective parties put before the electorate—it is not what they said in their manifestos—but it is frankly a pointless endeavour trying to bash round the head someone who is committed to unicameralism, such as the right hon. Members for Derby South (Margaret Beckett) or for Salford and Eccles (Hazel Blears), or the hon. Members for Blackley and Broughton (Graham Stringer) or for Lewisham West and Penge (Jim Dowd). Someone who believes that there should be no second House will not support proposals for reform. I understand that: it is a perfectly proper argument.

Many others appear to think—this is a view shared by many appointed peers—that any system that appointed such exemplars of legislative acuity and perfection as themselves must be an exceedingly good system indeed. I do not necessarily share that view. I have great respect for the quality of much of the work of the present House of Lords—and, indeed, for the quality of many individual peers. However, that is not a sufficient argument for a system that, I believe, is simply not sustainable.

Many Members—particularly, I have to say, those sitting on the Government Benches—are those who I remember railing against the prospect of a House of cronies when we last debated this subject, but they seem content with the idea of a fully appointed House. It is not a view I share.

[Mr Jenkin]

I remember the hon. Gentleman railing against Governments who impose timetables and guillotines when he was in opposition, so how can he now come to this House and guillotine a constitutional measure—which would have been unthinkable under Winston Churchill, incidentally—which is not going to be subject to a referendum and may be Parliament Acted, so that when it is being scrutinised by the other place, he will have no option but to propose that the same damaged and inadequate Bill go back to the other House, as he tries to force it through?

[Mr Heath]

I will return to the issue of the programme motion in just a moment, but let me deal first with the rather familiar arguments that have been marshalled.

There are those who say that they are for reform, but not yet. They say it is too precipitate and that there has been insufficient scrutiny. This process has been about as precipitate as the reckless progress of a particularly arthritic slug. We have had what I would describe as pre-legislative scrutiny on this for 101 years. This is not a quick process.

Civil Service Reform

Bernard Jenkin Excerpts

Tuesday 19th June 2012 Commons Chamber

[Mr Maude]

I am grateful for the shadow Minister’s welcome for much of what we have said, although I regret the tone of some of his contribution.

On the hon. Gentleman’s last point about potential politicisation, we are very concerned that that should not happen. Any proposals about the involvement of Ministers in appointments, which has operated in various ways for a long time, must be regulated properly by the Civil Service Commission, whose task it is to ensure that there is no taint of cronyism or favouritism. There have been many suggestions, particularly in the time of the previous Government, that cronyism has been a feature of the way in which Governments operate. Because of that, the Civil Service Commission is particularly concerned to ensure that any changes are made extremely carefully. I and my colleagues strongly support that.

I have not announced any further reductions in the size of the civil service. The figure of 380,000, which is the consequence of the plans that Departments already have, is already out there. The reductions are obviously taking place in a planned and considered way by Departments, and they are alert to the need for front-line services to be protected wherever possible.

The hon. Gentleman mentioned issues of morale in the civil service. However, the people survey, which is a consistent survey across the whole civil service that is done every year—a welcome innovation by Lord O’Donnell under the previous Government—suggests that morale has remained remarkably stable at a time of uncertainty, a pay freeze, the reform of pension schemes and significant downsizing. Turnover, as measured by resignations from the civil service, has also remained stable. There is obviously a reduction in the size of the senior civil service, but that is simply a consequence of the overall reductions in size across the civil service.

I am grateful for the hon. Gentleman’s support for our plans for digitisation. That will not always be without controversy, but it is important. The Government lag behind most providers in making services available to consumers online. Too many online Government services fail, meaning that the non-digital delivery of transactions by post, phone or physical contact has to be retained. That is much more expensive and a lot less convenient for the user. It is important to tackle that problem. He will be aware of the invaluable review that was done by Martha Lane Fox 18 months ago, on which we are drawing heavily to drive our plans forward with urgency.

I accept the hon. Gentleman’s point about interaction with the private sector. I do not make the assumption that the answer to every problem in the civil service is to bring in people from the private sector. In fact, much more needs to be done to equip existing civil servants with skills. That is where interaction is so important. The culture in the civil service needs to feel much more recognisable to people from the private sector, so that when there is interaction, they do not feel like they have stepped on to a different planet. We believe that enhanced interaction will contribute to that.

The only moves that there have been towards regional pay were made under the previous Government, when the Ministry of Justice introduced a degree of regional pay. No final decisions have been made on the matter and we will not proceed without good evidence and a strong rationale for doing so.

Finally, the hon. Gentleman’s response reflected the widespread consensus that there is a need for change. Our proposing change which responds very much to concerns within the civil service does not mean that we think that the fundamental model is wrong. Arguments are made for a more American approach, but one would lose many important benefits such as the institutional knowledge, continuity and ease of transition through that approach. We have therefore worked within the constraints of the model as it is, but much can be done within those constraints. None of the changes need be massively controversial or dramatic, but together they will make a real difference to the way in which the country is governed.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I thank my right hon. Friend for publishing a civil service reform plan, which will prove to be the comprehensive cross-departmental change programme that the Public Administration Committee has long been calling for. Will he engage all his fellow Ministers to ensure that they lead the programme alongside permanent secretaries? Without effective leadership, no change programme will succeed. Finally, will he reaffirm that the civil service must remain one of our great institutions and a force for the stability of government, our constitution and our nation?

[Mr Maude]

I am grateful to my hon. Friend, who has been urging me to publish a civil service reform plan for some time. I have said many times that I am keener on civil service reform than I am on civil service reform plans, but we have set out the plan and what we aim to achieve. It will require concerted political leadership, and there must be no hiding place. The political leadership of the Government and wide consensus across the party divide, which I think there is, together with the leadership of the civil service, will provide the best chance of implementing the plan successfully. I completely accept his point that the civil service is an important component of our stability, but we need to ensure that stability does not equate to a lack of any movement.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 13th June 2012 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend confirm that next week the Government are going to publish their civil service reform plan, and that this issue may be one that the plan addresses as the Government try to set out a clear change programme for the whole of government?

[Mr Maude]

We will publish in due course a plan for civil service reform, the pattern of which will be incremental reform that is capable of implementation. It should not be another civil service reform plan that lies unimplemented, gathering dust on library shelves.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 21st March 2012 Commons Chamber

[Mr Letwin]

The hon. Lady will be aware that, as I mentioned in my first answer, there has been a massive reduction in the headcount of the civil service as a whole. Of course there have been particular cases in which particular people needed to be hired, but the broad effort we have been making has brought down the deficit and increased dramatically the efficiency of the civil service.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I remind my right hon. Friend of the findings of the Public Administration Committee report, “Change in Government”, published last autumn, which identified the reduction in resources as just one of the many changes the Government are trying to achieve in the civil service? We await the plan for civil service reform with great interest, because our main conclusion was that the Government need a plan in order to effect this change.

[Mr Letwin]

My hon. Friend, the Chairman of the Public Administration Committee, is absolutely right. My right hon. Friend the Minister for the Cabinet Office and Paymaster General and I have had meetings with the Prime Minister, the head of the civil service and the Cabinet Secretary, and under the aegis of those two very senior officials the review to which my hon. Friend refers is now being carried forward. There will be a strategy—much beloved of the Committee—that will emerge from that review, and once it is available Ministers will consider it and produce a plan for further changes in the civil service.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 8th February 2012 Commons Chamber

[Mr Maude]

It is becoming increasingly clear that the Government have opportunities to handle their IT and increase their digital offering in transactional public services very differently from that which we inherited. It is also becoming increasingly clear that it will be possible for both the quality of those public services and public interaction to be massively improved, at a fraction of the cost incurred by the previous Government.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Has my right hon. Friend had a chance to read the latest report on IT procurement by the Select Committee on Public Administration, which includes the Government’s response to our original report? We commend the Minister for that response, but there is further progress to be made. In particular, how will the Minister tackle the cartel-like behaviour of the large prime contractors?

Informal European Council

Bernard Jenkin Excerpts

Tuesday 31st January 2012 Commons Chamber

[The Prime Minister]

The Chancellor said that we are founder members of the IMF and strong supporters of it as an institution, but that the IMF must always lend to countries, not currencies; that we would not be part of an EU bail-out fund; that we would take part only if other countries came forward too; and that that would happen only after eurozone countries and eurozone institutions had done what they needed to do to stand up and support their currency. That is the position, and I think that it is right.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Will the Prime Minister say something about the nature of the EU of which we are now a member, given that a subset of member states can bypass a veto and hijack the institutions for their own purposes without the consent of the dissenting member states? He is entirely right to maintain a reservation to ensure that that does not happen.

[The Prime Minister]

The point is that, as my hon. Friend knows, there are organisations within the EU, such as the eurozone group and the Schengen group, of which we are not a part, that use the European institutions. The fact is that this treaty is outside the EU treaties, which gives us that extra protection. Furthermore, we have the ability to exercise leverage to ensure that they stick to fiscal union, rather than getting into the single market, which is what we want to protect. That is absolutely important and the approach that we should take.

Oral Answers to Questions

Bernard Jenkin Excerpts

Wednesday 14th December 2011 Commons Chamber

[Mr Maude]

There is a whole range of procurement opportunities that are particularly suitable for smaller businesses. Even when we aggregate, that does not exclude small businesses. For example, we have just let the contracts for travel for the whole of Government and one of the successful two bidders is a very small business, which, as a result of winning that contract, will become a much bigger one.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Can my right hon. Friend include in that assessment the ability of charities and small organisations, mutuals and so on to bid for public sector contracts as providers of public services? May I commend the report that the Select Committee on Public Administration has published today on the big society, which recommends that the Government extend the eligibility for the VAT refund scheme, which currently applies to public sector bodies, to charities that deliver public services under contract with a public sector organisation?

[Mr Maude]

I shall ensure that my right hon. Friend the Chancellor takes note of my hon. Friend’s suggestion. We want to make it easier for small voluntary organisations and mutuals to bid successfully. One thing that we aim to do is to get contracts chunked up into smaller lots. We have much bigger contracts, generally, than France or Germany would have in equivalent circumstances, which tends to militate and be biased against the interests of smaller businesses and voluntary and charitable organisations.

United Kingdom Statistics Authority

Bernard Jenkin Excerpts

Tuesday 13th December 2011 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I am grateful for the support of the official Opposition for this appointment, although I wondered whether the hon. Member for Barnsley East (Michael Dugher) was going to declare an interest during his remarks. He might have forgotten—it is a failing of us all, I suppose—but if he looks at the inside cover of the report from which he quoted, he will see that he is still a member of the Public Administration Committee. He has very honourably absented himself ever since he joined Labour’s Front-Bench team, but I hope that he will involve his party in putting forward a new nominee for the Committee, because it would be of great service to the Committee and the House. I make no personal criticism of him whatsoever.

When he appeared before my Committee last week for his pre-appointment hearing, Andrew Dilnot was invited by the hon. Member for Newport West (Paul Flynn) to reflect on a statement that he made in 2007 during the passage of the Statistics and Registration Service Act 2007. Andrew Dilnot confirmed that he still held the view that he held then: that the passage of the 2007 Act, which set up the UK Statistics Authority, was

“a turning point. It has made possible something that otherwise was not possible, which is the recovery of a sense of independence and integrity for statistics…This Act gives the control and management of statistics back to Parliament…I think that was a very, very important step.”

I shall briefly remind the House of what the 2007 Act did. It established a new authority, now known as the UK Statistics Authority, with the statutory objective

“of promoting and safeguarding the production and publication of official statistics that serve the public good.”

To many of my right hon. and hon. Friends, that might seem rather a dry subject, but the public good in this instance is defined as

“informing the public about social and economic matters”

and

“assisting in the development and evaluation of public policy.”

This is serious stuff. The authority has the statutory duty

“to promote and safeguard the quality of official statistics, good practice in relation to official statistics and the comprehensiveness of official statistics”.

In this respect, “quality” means the “impartiality, accuracy and relevance” of official statistics and their coherence with other official statistics.

[Robert Halfon (Harlow) (Con)]

I am grateful to my hon. Friend for giving way, and for the chance to serve under his chairmanship when approving the appointment as head of the UK Statistics Authority of this excellent candidate. He mentioned the importance of informing the public about statistics. Does he agree that one of the main priorities for Mr Dilnot will be to improve the website to make it accessible to the public, to make it easy for them to use and to allow them to give some feedback on how statistics are presented?

[Mr Jenkin]

I am most grateful to my hon. Friend for raising that point, which he raised in the pre-appointment hearing and to which Andrew Dilnot responded favourably. I think he sees the potential of improving public access to statistics and the public’s ability to understand why they appear as they do, what value they offer and, therefore, how they can influence the democratic process. This goes to the heart of so much of what we do in this place, and the way in which we try to engage our public. Technology, particularly the internet, enables us to do that in an unprecedented way. There is no reason why every citizen cannot have access to the same information that we have—the information that informs the decisions that we make in this Parliament. We should therefore involve the public much more in that. Indeed, we have an obligation to ensure that what the Government and the Opposition say is objective, truthful and properly informative, rather than otherwise; we all know what Disraeli said about damned lies and statistics. We need to ensure that the quality of the numbers and the data that the Government produce genuinely informs the debate, rather than just advancing the partisan interests of those producing them.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

Does my hon. Friend share the view that it is a proper function of the UK Statistics Authority to be fully separate, over and above the Office for National Statistics, or does he see some scope for reducing the number of quangos in this area?

[Mr Jenkin]

We are talking about a quango that survived the cull. Given that it was so recently established by an Act of Parliament, it would have been an absolute travesty if it had fallen to the cull. The reason is that for many years those who understand the rather arcane world of statistics have been campaigning for much more independent oversight of statistics. Indeed, independence is one of the key tests that the Government applied in the Public Bodies Bill and the review of arm’s length bodies. If a body’s independence is fundamental to the function it performs, that justifies its existence. Therefore, the United Kingdom Statistics Authority was never on the list.

[John Healey (Wentworth and Dearne) (Lab)]

Perhaps the hon. Gentleman would like to remind his hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman) that the Office for National Statistics and the UK Statistics Authority are not two separate bodies, but are one and the same. Indeed, the Statistics and Registration Service Act 2007 sets out the delicate balance between the regulator and producer of statistics, which is one of the big challenges that any chair of UKSA must be able to manage.

[Mr Jenkin]

I am grateful for that intervention, because one of the things that we discussed in our pre-appointment hearing was the balance between oversight and production. The ONS is basically the producer of statistics, while UKSA should provide the oversight. However, the two are not directly separated in the way that one would expect, which is why the independence of UKSA’s chair is such an important feature of the arrangement. Therefore, the authority has a particular duty to ensure the accessibility of statistics.

Since its establishment in 2008 the authority has had the duty to monitor and report publicly on areas of concern in relation to good practice and the quality and comprehensiveness of all official statistics across Government and arm’s length bodies. The authority consulted on and established a code of practice for official statistics in 2009. Indeed, it seems astonishing that there was no such code of practice until UKSA established it. UKSA set independent professional standards for statistics in government, and is assessing against those standards all government statistical products that are classified as national statistics. There are some 1,300 series of statistics produced by government. One third of those statistical products are issued by the ONS, for which the authority performs the governance function.

The other key function of the new authority has been to challenge Departments and Ministers on the quality and integrity of the statistics for which they are responsible. As hon. Members, including several Ministers past and present, will know—I see in his place the right hon. Member for Blackburn (Mr Straw), the former Home Secretary—the authority’s first chair, Sir Michael Scholar, has been ready to challenge Government practices in the preparation and release of statistics where he and the authority have considered these practices to be corrosive of trust in official statistics. I must say that UKSA should have a sense of mission about its purpose; the Public Administration Committee certainly shares this sense of mission.

Sir Michael’s interventions, made in public and invariably copied to my Committee and to the relevant departmental Select Committee, have, I can reliably attest, been regarded with a mixture of fear and outrage in Whitehall. I think the House would be worried if the pronouncements of the authority—a non-ministerial department accountable to the House through my Committee—were not feared and respected in Departments and ministerial private offices, or, indeed, by Her Majesty’s official Opposition. My right hon. Friend the Prime Minister would attest that when we were in opposition, we suffered from the whiplash of Sir Michael’s interventions.

One such early intervention, in December 2008, was to raise in public with the permanent secretary at 10 Downing street an allegation that No. 10 Downing street special advisers had

“caused the Home Office to issue a Press Release which prematurely published provisional statistics for hospital admissions for knife or sharp instrument wounding…These statistics were not due for publication for some time, and had not therefore been through the regular process of checking and quality assurance. The statisticians who produced them, together with the National Statistician, tried unsuccessfully to prevent their premature, irregular and selective release. I hope you will agree that the publication of prematurely released and unchecked statistics is corrosive of public trust in official statistics, and incompatible with the high standards which we are all seeking to establish.”

This intervention resulted in an apology from the then Home Secretary on the next sitting day and a swift investigation by the Cabinet Secretary, which led to substantial changes to guidance to officials on how statistics should be handled, particularly on selective publication from unpublished data sets. An explicit reference was also inserted into the ministerial code, requiring Ministers to abide by the code of practice for official statistics. I regard it as part of the mission of UKSA and my Committee to empower the professional statisticians in government to stand up for the integrity of statistics when under the political pressure that inevitably arises in modern politics.

More recently, Sir Michael has raised with the Chancellor the issue of pre-release access by Ministers, advisers and officials to sensitive economic statistics such as the consumer prices index and retail prices index inflation figures. Sir Michael has asked—I tend to agree with him—what reason there can be for allowing prior access to these figures to a group of up to 50 individuals some 24 hours before publication. I would add that that can be to the advantage only of the Government. For the sake of trust in the use of official statistics, Sir Michael has requested that the number of recipients of these figures be cut to an absolute minimum and the time reduced to the shortest period necessary. I would add: why not?

My Committee is very concerned by the Government’s adherence to pre-release practices. It greatly concerned our predecessor Committee under Tony Wright, and we thought that those practices would be abolished by this Administration when they took office. When the Statistics and Registration Service Bill was going through Parliament, the Minister for the Cabinet Office and Paymaster General gave explicit assurances when we were in opposition that we would abolish pre-release when we were elected. I have to say that we expect the Public Administration Committee to return to the issue in the new year.

Sir Michael Scholar has exemplified an independence of mind and a desire to be independent of Government, which we have thoroughly supported; it could be considered all the more galling as he also served as a most distinguished senior civil servant in Whitehall before he took up this appointment. When he gave evidence to us on the challenges facing his successor he was clear that the single most important feature of his office was its independence. We have been concerned that his successor should be similarly independent, with the judgment to know when to stand up to Ministers to make crucial points about the proper use of official statistics.

In March 2011 Sir Michael indicated his desire to step down, and a competition was initiated to find a successor. A panel—which I understand was chaired by the permanent secretary to the Treasury, and included the Cabinet Secretary—recommended a candidate who was presented to us for approval as the Government’s preferred candidate. I commend my right hon. Friend the Minister for the Cabinet Office on the fact that this debate is taking place, because he conceded, in answer to a question in the Committee, that it would be appropriate for the appointment to be confirmed by a resolution of the House, and for the appointment to be made only after having been so confirmed. If I am correct, that procedure did not apply to Sir Michael Scholar’s appointment and is not required by Act of Parliament.

That is a testament to the Government’s determination to ensure the independence of the appointment, although, perhaps ironically, my right hon. Friend will have rued the day that he made that undertaking. Earlier this year we held a pre-appointment hearing with Dame Janet Finch, an academic of great distinction and experience, to examine her professional competences and personal independence with regard to the appointment. It is a matter of record that the hearing was a somewhat difficult occasion. Subsequently Dame Janet wrote to the Cabinet Secretary, on her own initiative, to say that it had become clear during the course of the hearing that she and the Committee

“had differing views over how the job should be undertaken, and in particular how the independence of the Chair should be exercised.”

I commend her for applying for the post, for gamely putting herself up for the post, and for behaving in such a dignified way. She withdrew from the selection process entirely voluntarily. May I place on record the Committee’s appreciation for the dignified way in which she handled a difficult personal situation? Her conduct in the matter was exemplary, and the Committee continues to hold her in the highest esteem.

[David Heyes (Ashton-under-Lyne) (Lab)]

I have served on the Public Administration Committee both under the hon. Gentleman’s chairmanship and for many years before that, and only recently have we taken on the responsibility for pre-appointment hearings. Does he agree that this is a fine example of how a pre-appointment hearing can work to produce an excellent candidate, whom we talked about earlier, in a sensitive and intelligent manner?

[Mr Jenkin]

I am grateful for that comment. I also want to place on record my appreciation for the action subsequently taken by my right hon. Friend the Minister for the Cabinet Office, who readily agreed that the competition should be rerun and generously consulted my Committee on the arrangements for rerunning it, as it was clear that the previous arrangements had led to the situation. He decided that the nomination panel should be chosen afresh, and the new panel did not include the Cabinet Secretary or anyone else of permanent secretary rank. He agreed that a parliamentarian should serve on the panel, to assess the independence of the panel from the Executive, and we are pleased that he accepted our suggestion that the hon. Member for Luton North (Kelvin Hopkins), a member of the Public Administration Committee and academic statistician of some distinction himself, should serve on that panel, which he duly did.

Having been consulted and had our views taken into account, the Committee was confident that the fresh panel was well placed to select an independent and capable candidate. The House has before it the transcript of the pre-appointment hearing held with the Government’s preferred candidate, Andrew Dilnot, who gave a stellar performance. He is no stranger to any of us—his work with the Institute for Fiscal Studies was for many years required reading at Budget time—and I am sure that many right hon. and hon. Members on both sides of the House have been briefed by him on occasion. As he pointed out to us, he was always able to conduct his analysis of Budget documents without the benefit of pre-release access. He is an accomplished communicator of statistical issues, and communicates in a way that can make him truly engaging and relevant to the wider public. He was the first presenter of BBC Radio 4’s “More or Less” programme, which, whenever I turn it on, I find myself unable to turn off, because it is so revealing about what we need to know in public life.

In the arena of fiscal statistics, Andrew Dilnot has long demonstrated an independence of mind and confidence that have attracted criticism only from those who have found his truths inconvenient. He has made it clear that, if appointed, he will want to work constructively with the Public Administration Committee, and to improve the standing and presentation of official statistics. Certainly my colleagues and I did not hesitate to conclude that he had the professional competences and personal independence necessary to fulfil the role of chair of the United Kingdom Statistics Authority. In fact, the two—he and the job—seem to have been made for each other.

I also look forward to Mr Dilnot’s introduction of a number of innovations that will benefit the public. The authority faces considerable challenges in the years ahead. For instance, it must steer a course towards a more efficient and cost-effective way of collecting population data to replace the census in 2021. Its governing legislation gives it the dual role—mentioned earlier by the hon. Member for Barnsley East (Michael Dugher)—of producer and regulator of official statistics, which is sometimes uncomfortable to negotiate, and which Mr Dilnot will wish to clarify. It must represent the statistical profession in Government effectively at a time when budget reductions mean the loss of statistical resources and the axing of whole statistical series. It must also act as cheerleader for official statistics when public trust in them is generally accepted to be low, and remains low despite the progress that has been made in recent years.

The Public Administration Committee is very confident that Andrew Dilnot is the right candidate to address those challenges, and to build on the considerable legacy left by Sir Michael Scholar, to whom I pay tribute. I particularly wish to mention that Sir Michael stayed on willingly for the extra months during what would otherwise have been an interregnum between his retirement and the delayed appointment of his successor. I wholeheartedly support the motion.

[Mr Jack Straw (Blackburn) (Lab)]

Let me begin by declaring an interest: I am an honorary fellow of the Royal Statistical Society. The society graciously bestowed that honour on me for my work in the 1990s in advancing the case for an independent national statistical service and proper parliamentary scrutiny of statistics.

I am delighted to observe that my right hon. Friend the Member for Wentworth and Dearne (John Healey) is present. It was he who introduced the Statistics and Registration Service Act 2007, which completed the journey from a statistical service that was half independent and half controlled by Government to a service in which the producers of the statistics, the Office for National Statistics and its agents, and the supervisor of that production, the United Kingdom Statistics Authority, became entirely independent of Government.

I also commend the Public Administration Committee for its work both in monitoring the work of the authority and in conducting the process of this appointment. It is interesting to recall, as I do, the nervousness that was abroad at one time about Select Committees having any role in public appointments, given that this appointment has effectively been made entirely by Parliament, and has been endorsed by a Select Committee with the approval—hopefully—of the House.

I know Sir Michael Scholar well and I think that he did an outstanding job as the first chairman of the UK Statistics Authority, in difficult circumstances. Nobody should underestimate the pressure that was put on him when he dared to criticise the Government of whom I was a member. He criticised the frankly preposterous behaviour of part of the Government—special advisers in No. 10 and in the Home Office—in allowing not just the pre-release of statistics, but the traducing of statistics that should have been properly released by the Office for National Statistics.

That was part of a culture that went back to previous Administrations, and we have seen one example of it during this Administration, whereby special advisers in No. 10, all jockeying among themselves to show that they are more adept than their colleagues in getting material into the newspapers and anxious for attention from the master, cajole the people they believe are their subordinates—the special advisers in the individual Departments. They say, “We can see this on the grid”—the wretched grid—“and we must know about this. We want early information. There is something else coming up. We have heard a rumour that those nasty people in the Opposition are about to do X or Y, or there is a terribly bad news story, Z, and if only we can get this good news out, all will be fine.” That is all without purpose, it never works, it always ends in tears and it carries on. The problem is that previously, unless a strong and confident Minister was looking after those statistics, it was all too easy for this abuse to run away with itself. I had only one occasion when those at No. 10 tried this on me and I told them to get lost, saying that if they wanted I would come to the House to make a statement about what they were trying to suborn my officials and special advisers, who are of the highest integrity, into doing. I was secure in my position but a very large number of Ministers, sadly, are not in that happy position.

I know what the chuntering was when Sir Michael Scholar criticised the practice of the Home Office and No. 10 in December 2008—I believe it was then. It is no coincidence that much of the attempt to bypass official release mechanisms has taken place in respect of Home Office statistics. That is not because the Home Office statisticians—or now the Ministry of Justice statisticians—are any less worthy or any less replete with integrity; it is because of the highly political nature of the information they convey. Sir Michael set out, in handling that abuse, to continue in a similar manner, and he put his foot down on a number of further occasions—two when the Labour Government were in power and once under this Government. I hope that, bit by bit, Ministers, officials and special advisers will get the message that in the 21st century it is no more appropriate to try to interfere with the generation, organisation, analysis and publication of official statistics than it is to interfere in the generation, analysis and publication of the accounts of a Department.

No Minister or senior official at any level would dream of saying, “We’ve got to alter the accounts. It is a bit inconvenient but this has come up and we seem to have lost some money.” Such alteration is a criminal offence for directors of companies. It is worth remembering that in the early part of the 19th century it was perfectly commonplace for Ministers to ensure that there was a bit of fiddling of the statistics. A lot of Ministers lined their own pockets, a few got charged with corruption but generally got away with it, and one or two were impeached. That was the culture of the times. We have moved away from that in respect of financial probity, but we now have to see a similar cultural shift in respect of statistical probity because otherwise the whole political debate and discourse in this country will be the loser.

We can have serious discussions when it comes to arguments about finance. We know what the deficit is and we can argue about what its components are, but no one suggests that it has somehow been made up. It is there. With other statistics—particularly social statistics, and particularly those on crime and immigration—there has been a ridiculous argument about whether crime has gone up or down. The same applies to unemployment and so on. We must move away from that, because it is a real turn-off for the public and it is very undermining for the quality of debate in this country.

Let me make two points, the first of which is on pre-release statistics. The hon. Member for Harwich and North Essex (Mr Jenkin) was quite right to draw attention to the fact that before the election the Minister for the Cabinet Office and Paymaster General made a lot of play of the fact that he was going to abandon pre-release notice, or move at best to one hour. We should have abandoned it when we were in government, but we did not do so. He said that he would and then, when he came into government, hey presto, he supped at the royal jelly—or something like that—or had a nod from somebody at No. 10 and suddenly decided that he was wrong.

[Mr Jenkin]

Will the right hon. Gentleman reflect on what interests prevented him from persuading his colleagues to abolish it and does he therefore have some sympathy with my right hon. Friend the Minister for the Cabinet Office and Paymaster General as regards the opposition he might be facing?

[Mr Straw]

I have sympathy with the Minister, of course. He happens to be my pair, anyway, so I declare that interest too. I have every sympathy with him, but the forces of darkness get tiring after a while. People always think that the Government will do better if only they can get early information and slip this or that past, but that is all nonsense.

My officials and others used to regard it as slightly tedious that I was not terribly bothered about when the figures were coming out—although I was early on, when I was neurotic about when the crime figures were being released. My view was that one had to ask what the point was of knowing in advance. It just led to a suspicion that we had somehow fiddled the figures because we had had them early and all the rest of it. There was absolutely no point at all. Why not find out at exactly the same time as anybody else? It is impertinent to think that Ministers should have any right to find out in advance. Why should they? They are not Ministers of figures—the figures belong to the public and Parliament. It is also self-defeating, in my opinion.

My advice to the Minister for the Cabinet Office and Paymaster General and his colleagues is: chill and defeat the forces of darkness. I am sorry I did not complete that task, notwithstanding being joined by my right hon. Friend the Member for Wentworth and Dearne. Ministers will do themselves an enormous favour if they abandon pre-release notice.

EU Council

Bernard Jenkin Excerpts

Monday 12th December 2011 Commons Chamber

[The Prime Minister]

I am afraid that that is completely wrong. Britain has been very consistent, tabling proposal after proposal for growth. It is a British proposal to complete the single market in energy, a British proposal to complete the single market in services and a British proposal, which has just been passed, to exempt all micro-businesses—those with fewer than 10 employees—from future European regulation. Britain has the most pro-growth, pro-enterprise, pro-single market Government, and that is the way it is going to stay.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I congratulate my right hon. Friend on sticking to a very simple principle of fairness in the European Union: that the institutions for the 27 are there for the 27? May I also remind him and those on the Opposition Benches—and, indeed, the BBC—that he has the support not only of the Conservative party but of the British people for what he has just done?

[The Prime Minister]

I am grateful for what my hon. Friend says. The absolute key to this issue about the institutions is actually what the new organisation does, rather than necessarily what the institutions do. The key is to protect the single market and those things that are vital for Britain. As I keep repeating, the fact is that an organisation outside the EU treaties is not allowed to cut across those treaties or the legislation under those treaties. It would be a greater danger to allow a treaty of 17 to go ahead within the EU, with all the additional powers, bureaucracy and everything else that involves, unless, of course, you can get the safeguards I was seeking.