News Corporation: Conduct of Secretary of State for Culture, Media and Sport

Debate between Lord Armstrong of Ilminster and Lord Strathclyde

Monday 30th April 2012 Lords Chamber

[Lord Strathclyde]

My Lords, that is clearly set out in the Ministerial Code. In this instance, one would expect a special adviser to stick to the agreements and instructions they had been given by their Secretary of State.

[Lord Armstrong of Ilminster]

My Lords, as the Leader of the Opposition has referred to what I said about this matter, I should like to clarify that if I may, and ask the Leader of the House whether he agrees with it. I have said that the Prime Minister is responsible for decisions about ministerial conduct and for deciding whether a Minister has or has not breached the code. If he has, or thinks he has, sufficient evidence to justify a decision not to refer the matter to Sir Alex Allan, or to confirm the Minister in his position, he is entitled to do that. If he has doubt, he can ask Sir Alex Allan for advice. He is not obliged to take that advice, but clearly the advice will be very important.

In this case, as I understand it, the Prime Minister takes the view that the evidence that comes before Lord Justice Leveson will be more pervasive, extensive and comprehensive than anything that Sir Alex Allan could get. Lord Justice Leveson is not being asked to take the decision about the Ministerial Code. As I understand it, it is being suggested that the evidence given to his inquiry, elicited by questions from counsel and by all the other procedures, is likely to be more comprehensive and more reliable, since it will be evidence taken on oath, than anything that Sir Alex could achieve. However, Lord Justice Leveson is quite right in saying that he cannot take the decision or give advice about the Ministerial Code. The only person who can take a decision is the Prime Minister, and if he wants advice, he will have to ask Sir Alex Allan.

[Lord Strathclyde]

My Lords, it is good to hear the noble Lord, Lord Armstrong of Ilminster, put his question, and the tone in which he did so will no doubt calm the atmosphere of the House. He described the situation entirely correctly. This is a decision for the Prime Minister. When it comes to disciplining Ministers, the Prime Minister is entitled to make that decision in any way that he wants. Equally, the decision that he has taken, as the noble Lord has laid out, is that the evidence laid before Leveson—in the manner and way in which it will be laid—will be more authoritative and ultimately gain more public acceptance if it is done publicly at the Leveson inquiry rather than secretly by Sir Alex Allan, although I have no doubt that he would do it extremely well. Finally, I agree that Lord Justice Leveson himself cannot make the decision under the Ministerial Code; he has no locus to do so. The Prime Minister will no doubt be able to make a decision once the evidence has been given, and that decision is entirely up to him.