Cabinet Manual

Lord Foulkes of Cumnock Excerpts

Monday 25th March 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I hear what the noble Baroness says. Indeed, we have made it clear that draft material will be made available to both the Constitution Committee and PACAC in the other place before the second version of the Cabinet Manual is finalised.

[Lord Foulkes of Cumnock (Lab Co-op)]

Our Constitution Committee, of which I am a member, in the same report in which we recommended the revision of the Cabinet Manual, also welcomed the promise by the Cabinet Secretary to rein in improper expenditure by the Scottish Government. That has still not been done. Will the Minister tell the Cabinet Secretary, Simon Case, that if he does not do it soon, I will find every opportunity to raise the issue again and again?

[Baroness Neville-Rolfe (Con)]

I will make two points. First, I told the noble Lord that we were looking at this issue and that we might issue guidance on the subject, because the Cabinet Manual is about bringing conventions and rules together, rather than creating them. Secondly, much of the Cabinet Manual is on matters specific to the UK Government and reserved matters. However, my noble friend the Foreign Secretary—to mention him again—has written to the First Minister of Scotland about the importance of a reserved area for foreign affairs and how that should be conducted.

Scottish Government: Devolved Competences

Lord Foulkes of Cumnock Excerpts

Wednesday 13th March 2024 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask His Majesty’s Government what discussions they have had with the Scottish Government regarding any activities it is undertaking that fall outwith its devolved competences.

[The Minister of State, Cabinet Office (Baroness Neville- Rolfe) (Con)]

My Lords, I start by welcoming my noble friend Lord Cameron of Lochiel and congratulate him on his recent appointment. I am sure he will prove to be a valuable Member of this House, and I look forward to working with him on all these issues.

It is a matter of public record that my right honourable friend the Foreign Secretary wrote recently to the Scottish Government to raise concerns about the need for FCDO representation when their Ministers were meeting overseas Governments. More broadly, as I set out in the House last month, the Government are also in the process of considering what further guidance may be needed for civil servants working in the devolved Administrations.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, that is all very well, but there is fury all over Scotland at the Scottish Government spending money outwith their responsibilities, particularly on vanity projects and jaunts overseas, while the services at home for which they are responsible are being cut again and again. I have had promises from the Cabinet Secretary himself that action is going to be taken. I have had Minister after Minister, including this current one, say that they are sympathetic to the point I am raising. When is someone going to grasp the nettle—I suppose grasp the thistle is more appropriate—and take some real action? If it is the noble Lord, Lord Cameron of Lochiel, then I will welcome him. Somebody has got to take action to stop this abuse of taxpayers’ money.

[Baroness Neville-Rolfe (Con)]

I hope the noble Lord, Lord Cameron, and myself will be able to take on the challenge of the thistle. I reassure the noble Lord that there have been official-level discussions on these matters, as you would expect. I am afraid that it would not be appropriate to provide a running commentary, but I will update the House in the coming months on the outcome of this work.

Devolved Authorities: Expenditure outwith Competences

Lord Foulkes of Cumnock Excerpts

Monday 5th February 2024 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask His Majesty’s Government whether they expect to receive a report from the Cabinet Secretary on the arrangements for ensuring expenditure by the devolved authorities is spent in accordance with their competences and, if so, when.

[The Minister of State, Cabinet Office (Baroness Neville-Rolfe) (Con)]

The Government agree with the House of Lords Constitution Committee that the principle of a single Civil Service across England, Scotland and Wales should be maintained. The Government are in the process of considering what further guidance may be required for civil servants working in the devolved Administrations. I anticipate that this process will be completed in the coming months.

[Lord Foulkes of Cumnock (Lab Co-op)]

But my Lords, it is now more than six months since Simon Case gave that commitment to the Constitution Committee. We have had fine words from the Dispatch Box—we have them again today—yet the Scottish Government have actually intensified their spending on reserved areas, with a campaign for independence, overseas embassies and a whole range of other things, as if they are deliberately defying the UK Government. When will the Government at last take their courage in their hands and take some action on the ground to back up their fine words?

[Baroness Neville-Rolfe (Con)]

I know there are strong feelings about this, and people in Scotland want both their Governments to concentrate on the issues that matter most to them: growing the economy, gripping inflation and improving public services. On the point about timing, as I said, the Government only recently, on 24 January, responded to the committee’s inquiry, reiterating the work that is under way. I am delighted that the Cabinet Secretary is back; these issues are being given active consideration.

Cabinet Manual

Lord Foulkes of Cumnock Excerpts

Monday 24th July 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I thank my noble friend. As I explained, it is to some extent an outline document. There is guidance on ministerial correspondence, which he may not be aware of; I will certainly send him a link to it.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, when the last Cabinet Manual was considered and the Scotland Act was passed through both Houses of this Parliament, it was never envisaged that a Scottish Government would stray into reserved areas, as they are now doing. Therefore, there are no sanctions that the UK Government can impose on that kind of action. Could this be considered when the Cabinet Manual is revised?

[Baroness Neville-Rolfe (Con)]

I will certainly take that point away. It is obviously a UK Government document; it is signed off by UK Ministers, who are accountable to the UK Parliament. However, one of the revisions that will be needed relates to the changes in the devolution settlements. I think there have been two Wales Acts and two Scotland Acts since the manual was last revised.

Covid-19 Inquiry

Lord Foulkes of Cumnock Excerpts

Thursday 8th June 2023 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask His Majesty’s Government what range of information they have now agreed to provide to the COVID-19 inquiry.

[The Minister of State, Cabinet Office (Baroness Neville-Rolfe) (Con)]

My Lords, we have provided, and will continue to provide, the inquiry with all relevant material as requested. Following the request of the chair, the Cabinet Office will share a schedule of WhatsApp messages by the end of this week, and additional witness statements will follow. We have provided enormous quantities of material to the inquiry so far and will continue to do so. We remain determined to provide any potentially relevant material that the chair requests so that we can learn the lessons from this dreadful pandemic.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, this is a total shambles—and there is more to come. As well as this totally futile dispute, I understand that the noble and learned Baroness, Lady Hallett, has met with Lord Brailsford, who is chairing the separate Scottish report. Members will recall that the separate guidance and response in the different countries of the United Kingdom caused confusion and distress. Two separate reports could cause additional confusion and distress. Will the Minister give a clear indication as to when the reports will be published so that those whose relatives died needlessly will know who was responsible?

[Baroness Neville-Rolfe (Con)]

It is indeed the case that the Scottish Government are doing their own separate inquiry, and they organised separate arrangements during the pandemic. The inquiry is in the hands of the noble and learned Baroness, Lady Hallett. She is doing a very wide-ranging inquiry, and the timing of its results depends on her work, which, as I have explained, we are trying our very best to progress. We are providing a huge amount of support from right across government.

Security of Government Devices

Lord Foulkes of Cumnock Excerpts

Tuesday 21st March 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I do not have anything to say specifically on the review of the Ministerial Code; it is of course kept under review, and we now have a new ethics adviser. These sorts of matters are certainly being considered in the context of the new guidance on the use of non-corporate forms of communication, and I look forward to making a public statement on that in the not too distant future.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the Minister said in reply to a question from my noble friend on the Front Bench that Ministers are given security advice. But that is useful only if they take notice of the advice they are given. How can we believe that they do that, when Boris Johnson, when he was Foreign Secretary, went to parties in Italy as a guest of Alexander Lebedev, and then later on promoted Alexander Lebedev’s son, Evgeny—the noble Lord, Lord Lebedev—to the House of Lords, against the advice of the security services? Surely that gives some evidence that he may well have been compromised.

[Baroness Neville-Rolfe (Con)]

I always resist commenting on individual cases. Of course, that comment does not necessarily take account of the steps we have made on briefing Ministers, including new Ministers, on security matters. The evolution of social media has been beneficial in many ways; I am sure that noble Lords use it for non-security matters, and we believe that that is perfectly all right on people’s private phones as a complement to the use of government phones for government business. We are very clear that, where people use private phones for government business because they cannot do anything else, it is important that substantive government exchanges are passed on to the private office or elsewhere, so that they are added to the public record. You have to have a balance in this system; we have to have rules which make sense and respect security but are also workable.

WhatsApp: Ministerial Communications

Lord Foulkes of Cumnock Excerpts

Wednesday 8th March 2023 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask His Majesty’s Government what assessment they have made of the extent of the use of WhatsApp for ministerial communications.

[The Minister of State, Cabinet Office (Baroness Neville- Rolfe) (Con)]

Ministers use a variety of channels of communication. This may include non-corporate communication channels as well as conversations in person and telephone calls, as has long been the case. Arrangements and guidance are in place for the management of such communications to ensure that official records are kept where it is considered necessary for good governance, but it remains the case that official decisions are made and recorded through proper processes, including ministerial boxes and Cabinet committees.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I am really grateful to the Minister for her very helpful reply. However, is there any evidence that Ministers are using WhatsApp for government business on their personal phones rather than their work phones? Also, are they using the so-called “disappearing messages” that are removed after a set period, and, if so, is that consistent with government rules about record keeping? If the Minister is not able to deal with all those points today, could she write to me?

[Baroness Neville-Rolfe (Con)]

Of course. As I have said, if communications are substantive in nature, they need to be captured on government systems. But there is no requirement to retain every single communication, and that would include social media. As to disappearing WhatsApps, we will be producing new guidance shortly on the use of WhatsApp and other forms of communication, and that will include advice on the use of the facility for disappearing. As I have said, formal decisions must be recorded, but existing policy requires ephemeral and trivial information to be deleted.

Peerages: Letters Patent

Lord Foulkes of Cumnock Excerpts

Thursday 17th November 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I am so grateful to my former boss for that excellent point of clarification. I shall listen very carefully throughout the Norton debate, and bear in mind the need to look at the detail and be very careful.

[Lord Foulkes of Cumnock (Lab Co-op)]

May I suggest that the Minister visit the Members’ Cloakroom downstairs, where she will see eight red boxes containing seals that have not been collected by a number of Peers, including the noble Lord, Lord Lebedev? Would one way of achieving the excellent proposal from the noble Lord, Lord Burns, for reducing the size of this House be to find a way to get rid of the Peers who fail to turn up regularly without reasonable excuse?

Parliament: Deferred Peerages

Lord Foulkes of Cumnock Excerpts

Wednesday 16th November 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

She was an MSP—but the point is that she was nominated in Boris Johnson’s Dissolution List of 31 July 2020 and her Letters Patent, to respond to the noble Lord, were issued on 16 July 2021. She was introduced to the House later that month.

[Lord Foulkes of Cumnock (Lab Co-op)]

It is a different Parliament.

[Baroness Neville-Rolfe (Con)]

The point I was making right at the beginning, which I will reiterate, is that the Government are aware that there are some precedents for individuals delaying taking up their seats. However, this is limited and related, as in this case, to particular circumstances.

Older Persons Commissioner for England

Lord Foulkes of Cumnock Excerpts

Wednesday 19th October 2022 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask His Majesty’s Government what consideration they have given to the appointment of an Older Persons Commissioner for England.

[The Parliamentary Secretary, Cabinet Office, and Parliamentary Under-Secretary, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I fear I will disappoint the noble Lord, Lord Foulkes, because I must confirm that the Government have no plans to appoint an older people’s commissioner in England. The Government’s business champion for older workers, Andy Briggs, engages with business to promote the benefits of employing and retaining older workers in England. The Government are delivering a new enhanced support package for workers over the age of 50 to help them to stay in and return to work.

[Lord Foulkes of Cumnock (Lab Co-op)]

The Minister is right; I am really disappointed. I heard Heléna Herklots, the Welsh commissioner, speak to the National Pensioners Convention about how she seeks out ageism, tackles it and ensures that it is no longer continuing in Wales. Will the Minister at least meet a deputation consisting of representatives from this House and the other House, and the organisations concerned, so that we can persuade her that what is good enough for Wales—and indeed Northern Ireland—is also appropriate for Scotland and England?

[Baroness Stedman-Scott (Con)]

As I hope I have proved to the noble Lord on many occasions, I am very happy to meet him and others to discuss this.