G7 Summit
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Lord McConnell of Glenscorrodale
To ask Her Majesty’s Government what priorities they will set for the G7 Summit to be held in the United Kingdom in 2021.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, the Government are developing an ambitious agenda for the UK’s G7 presidency, focusing on our people, prosperity and planet. We will seek to build off the G7’s shared values as democratic and open societies to address the key health, economic and climate challenges of the day and build back better for all.
Lord McConnell of Glenscorrodale (Lab)
My Lords, I am certain that I speak for noble Lords on all sides of your Lordships’ House when I express my disappointment at the resignation of the noble Baroness, Lady Sugg. She has been an excellent Minister who has done an incredible power of work, particularly for women and girls around the world, and enhanced Britain’s reputation as she did so. We are disappointed that she has left the Government.
In 2005, I felt an enormous sense of pride at Gleneagles in Scotland as the UK used our leadership of the G8 summit to bring the world together, to unite the world and ensure that there were increased and accelerated commitments from G8 leaders and others to help those living in extreme poverty. Is it not shameful that in 2021, the Government will use the months ahead of the G7 summit in the UK to do the exact opposite and, like the worst kind of playground bully, after a year in which a pandemic has reminded us of the interdependence of our world, to pick on the most vulnerable and break a promise to the poor?
Lord True (Con)
My Lords, I share the noble Lord’s tribute to my good friend and noble friend Lady Sugg. The Government are committed to supporting international development and helping the world’s poorest people, as we have shown already in 2020, hosting the world’s biggest ever summit to raise funding for vaccinations in the poorest countries, and we continue to commit to supporting developing nations against the coronavirus problems.
Lord Sikka (Lab) [V]
My Lords, I draw attention to the Register of Members’ Interests, which states that I am an unpaid adviser to Tax Justice Network. We all know now that tax revenues are vital for economic recovery. A report by Tax Justice Network has estimated that, globally, more than $427 billion is lost each year due to corporate tax abuses and private tax evasion. The UK’s Crown dependencies and overseas territories are responsible for more than one-third of global tax losses. Will the Government ensure that curbing tax abuse is on the G7 agenda?
Lord True (Con)
My Lords, of course I note the points made by the noble Lord. The Prime Minister will give further details on the agenda for the G7 shortly.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
Is the noble Lord, Lord Walney, with us? I do not see him, so I call the noble Baroness, Lady Fall.
Baroness Fall (Con) [V]
My Lords, the G7 started life as a fireside chat between the most powerful people in the world, a chance to resolve some of the most critical issues of the day—at the moment they will be spoiled for choice. If we want to see global action on climate change, Covid, mass migration, combating terrorism, eradicating poverty and dealing with China’s growing influence in the world, the provision of 0.7% is a very good way to start. Will the Minister explain how the cutting of ODA at this particular time, when we are about to take over the leadership of the G7, will prepare for those huge challenges?
Lord True (Con)
My Lords, the Chancellor set out very clearly yesterday that our intention is to return to 0.7% when the fiscal situation allows. According to the latest OECD data, the UK will remain the second-highest aid donor in the G7.
Baroness Smith of Newnham (LD)
My Lords, in his initial Answer the Minister talked about “our people”. Can he reassure the House and, indeed, any current recipient of overseas development aid, that “our people” means everyone, and that the United Kingdom, with the presidency of the G7, will be outward looking and supportive, not introspective, inward looking and narrow minded?
Viscount Trenchard (Con)
My Lords, today it is increasingly the Indo-Pacific that holds the keys to global stability and prosperity. An international commission established by Policy Exchange has put forward the idea of an Indo-Pacific charter, modelled on the Atlantic Charter. Does the Minister agree that Britain should seek G7 backing for an Indo-Pacific charter, as already endorsed by Stephen Harper, Shinzō Abe and Scott Morrison? Does he also agree that our playing a leading role in that would fit well with our intended accession to CPTPP, signalling our repositioning as “global Britain”?
Lord True (Con)
Again, my noble friend touches on very important aspects of international relations for this country and within the G7. But, as I must repeat to the House, the detailed policy agenda is being discussed with G7 partners and will be announced by the Prime Minister in due course.
The Earl of Sandwich (CB) [V]
My Lords, I declare an interest as an adviser to the British College in Kathmandu. The UK-led global education summit next year proves how much this Government value international development. So how can HMG maintain their G7 leadership role in aid giving if, against the advice of senior colleagues, they are determined to sacrifice soft power and legislate against the 0.7% target which has brought so much relief to the poor throughout the world?
Lord True (Con)
My Lords, I repeat that, despite the budgetary decision announced by the Chancellor yesterday, the UK will remain the second-highest aid donor in the G7—more than France, Italy, Japan, Canada or the United States—with next year’s figure estimated at around £10,000 million.
Lord Collins of Highbury (Lab)
My Lords, this crisis is global as much as it is domestic. In 2008 Gordon Brown persuaded fellow leaders to act as one, agreeing a synchronised stimulus alongside aid for developing countries. What is shocking this time is that the world’s leaders have done so little work together in response. On the progressive agenda for the G7, can the Minister tell us whether the work already started with the Finance Ministers in relation to debt relief will continue? Will he give us an update on this and will it be a priority for the G7 presidency ahead?
Lord True (Con)
My Lords, as I have said, the Prime Minister will be announcing details in due course. I understand that my right honourable friend the Foreign Secretary will make a Statement in another place later; I cannot anticipate that. But I agree with the noble Lord opposite that the G7 does have a track record of delivering meaningful outcomes under successive leaderships. Indeed, it has taken action to save 27 million lives from AIDS, tuberculosis and malaria.
Lord Oates (LD)
Does the Minister recognise that a key priority for the G7 must be how it supports developing economies, which have suffered the severest economic impacts from Covid? Is it not therefore disgraceful that the Government have chosen this exact moment to betray our commitment to the poorest in the world in order, shamefully, to spend the money on weapons instead?
Lord True (Con)
My Lords, the noble Lord’s intervention was strong on adverbs and adjectives. I will give your Lordships a fact: 0.5%, or £10,000 million, whatever noble Lords say, is more than all 29 members of the OECD development committee contribute. Their average is 0.38%. I repeat that we are the second-highest donor in the G7 and will remain so.
Baroness Boycott (CB)
Several countries have announced contributions to help replenish the Green Climate Fund to reach a total of £5.5 billion. The Minister has made it clear that climate change will play a big part in the G7. Presumably, a lot of agreements will get made around this table which can then be presented in Glasgow next year. How far has this particular fund got, taking into account that Covid has caused a lot of financial problems? Is it going to meet that target?
Lord True (Con)
My Lords, unfortunately, I was not able to catch every word of the noble Baroness’s question but certainly, as I have said, the commitment to helping the fight against Covid, such as through the COVAX initiative, will continue, and I can confirm that climate change will be one of the priorities, as I said in my opening Answer.
Baroness Verma (Con)
My Lords, does my noble friend agree that the G7 also has a responsibility to look at how it will respond to women and girls, post Covid, because the biggest impact has been on them? Will he please ensure that, as we hold the presidency, they will be at the forefront of access to finance for enterprise and education?
Lord True (Con)
My Lords, my noble friend makes a profoundly important point. Again, within the constraints of not being able to anticipate announcements, I say that further details will come. What I can say to her is that, as she and I are both aware, girls’ education and training have always been a priority for the Prime Minister, and I am certain that he will drive that forward through the G7 discussions.
The Deputy Speaker (Baroness Garden of Frognal) (LD)
My Lords, all supplementary questions have been asked and answered and we now move to the next Question.
Parliamentary Constituencies Bill
Lord True ExcerptsThursday 26th November 2020
(3 years, 5 months ago)
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The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, in moving Motion A, I will also speak to Amendments 2, 6, 7 and 8, on which I shall also beg to move that the House do not insist on those amendments, to which the Commons have disagreed.
Amendments 1 and 2 provide that a boundary review would be carried out every 10 years. The Commons have opted to disagree to these amendments, as eight years is deemed a better balanced and appropriate approach to ensure that parliamentary constituencies are updated sufficiently regularly without disruption to local communities and their representatives.
The Commons disagree to Amendment 6, which proposes a bespoke appointment system for boundary commissioners. The Commons consider that the existing public appointments system and the requirements of Schedule 1 to the Parliamentary Constituencies Act 1986 are sufficient. The public appointment system used to recruit commissioners is robust and has led to the appointment of impartial and effective candidates for decades.
The noble and learned Lord, Lord Thomas of Cwmgiedd, has since tabled an amendment in lieu on this topic, which we will return to in more detail later. However, I wanted to take the opportunity at this point to thank the noble and learned Lord for his constructive and positive approach to engaging with me and officials, and indeed other senior Ministers in the Government, on his amendment throughout the passage of the Bill. It was a model of the approach for a revising Chamber.
We have had many conversations at every stage since this Bill entered the Lords and have thoroughly debated the aspects of the amendment. Even though the Government were unable to accept the noble and learned Lord’s amendments, I hope he has found our exchanges of a good nature and believes that they have resulted in reassurances that made them worth while.
Under Amendment 7, the number of voters in each constituency would be permitted to vary from the UK average by plus or minus 7.5%, which equates to a total tolerance range of 15%. The Commons—the elected House—consider that the existing law on this matter, that of a tolerance range of 10%, is sufficient to ensure equal parliamentary constituency boundaries.
Finally, turning to Lords Amendment 8, this required the Government to make proposals for improving the completeness of electoral registers. The Commons consider that the Government have provided sufficient explanation of action they have taken and are taking to improve the completeness of the electoral registers.
I would like to take this opportunity to pay my respects to the noble Lord, Lord Shutt of Greetland, who so sadly passed away and who tabled the original amendment. It was a privilege to call him my noble friend when he was my Deputy Chief Whip during the years of coalition. In those Quaker values which have so enriched the Liberal party—as it was—and the Liberal Democrats over generations were rooted his principles of straight talking and straight dealing, which we all remember, as we remember his passion for his work and his good humour. He will be sorely missed, particularly by colleagues on the Liberal Democrat Benches.
Since then, the noble Lord, Lord Woolley, who had not previously taken part in the Bill, has tabled a new amendment in lieu. The Government cannot accept this amendment for reasons I have privately explained to the noble Lord, Lord Woolley, but we will no doubt have an opportunity to discuss this further.
As is quite proper, this House asked the Commons to re-examine the detail of this Bill. The House of Commons did so and have returned a Bill to us that is now ready to go to Her Majesty for Royal Assent. The elected Chamber, to which this Bill directly relates, has considered your Lordships’ amendments, and indeed accepted three in relation to the automaticity provisions, and has made its will now known. I therefore urge noble Lords not to insist upon these amendments. I beg to move.
Lord Thomas of Cwmgiedd (CB) [V]
My Lords, I begin by thanking the Minister for the courtesy and pleasure, if I may say so, of being able to debate the issues that lay behind the original amendment I put forward. I am extremely grateful to him for the courtesy and the trouble to which he has gone, and to his officials, who went beyond their ordinary tasks even in these most difficult times to help me.
I have put forward today an amendment to the original clause that was carried by this House. It is plain that the original clause would have brought about a better appointment system, but the decision has been made by the other place that they do not agree. As regards the amendment I have tabled today, it deals with a narrow and specific point of some constitutional importance. That is why I have put the amendment forward: to amend the clause on a very narrow basis.
However, I wish to make it clear now that I do not intend to press this amendment to a Division because, in the ultimate analysis, it must be for the other place to accept it. However, given the times in which we live, I think it is important to record the matter formally, because it may turn out to be of great importance in the future. As regards the more general points, they are of very considerable relevance at the present time. Although in what I have to say I will be a little critical of the Government, I wish to make it abundantly clear that anything I say in no way criticises the present Secretary of State and Lord Chancellor. This is a more general point, directed at the Government as a whole, now and for the future.
The amendment today, on this narrow point, has the objective of bringing the provisions for the appointment of the deputy chairman of the Boundary Commission into line with the principles of the Constitutional Reform Act 2005, which changed the position of the Lord Chancellor. Noble Lords may recall that the debate on the position of the Lord Chancellor was an extensive one. There were very detailed discussions between the judiciary, at that time led by the noble and learned Lord, Lord Woolf, and the Department for Constitutional Affairs led by the Lord Chancellor— as he then truly was—the noble and learned Lord, Lord Falconer of Thoroton.
A concordat was reached in 2004, which sets out very clear principles that were embodied in the Bill. Those principles were that the deployment and appointments to posts of judges were for the Lord Chief Justice. In respect of some, the Lord Chief Justice was obliged to consult the Lord Chancellor and, in the case of one or two, obtain his concurrence, but the important point is that the decision was that of the Lord Chief Justice. That was because the Lord Chancellor ceased to have any judicial functions and to be head of the judiciary. That is a basic and fundamental constitutional position. The Lord Chief Justice became head of the judiciary and responsible for judicial deployment and the allocation of responsibilities and—importantly—of cases.
The power of appointment to the post of deputy chairman of the Boundary Commission dates from a time when the Lord Chancellor was a judge and head of the judiciary. It is noticeable in the Act that the powers of the Lord Chancellor did not extend to the appointment of the deputy chairman in Scotland or Northern Ireland, because the Lord Chancellor was not head of the judiciary there. Unfortunately, though I think it is hardly surprising, having been involved myself at the time, this provision was overlooked. There were literally hundreds of posts and duties that the Lord Chancellor had accreted over the centuries; that one or two slipped by is not surprising. It is essential to rectify the position now for two reasons: first, to correct an error and, secondly—far more importantly—because the position of the Boundary Commission has changed. It is no longer advisory and its decisions are not subject to any review by Parliament; it decides and Parliament and the Executive Government carry out the decision. The position, as I made clear on the last occasion, is no different to the selection of someone to decide a case. When a judge decides a case, the matter must be enforced by the Executive and adhered to by Parliament. It is quite clear that the Lord Chancellor could not pick a judge to decide a particular case; it would be wrong.
As I could not understand why the Government were opposing this change, I asked three question that I hoped would elucidate the reasons for the decision. I asked if the Lord Chancellor was satisfied that a decision by him as Lord Chancellor, or by any successor, personally to appoint the deputy chairman would be in accordance with legal principles, given that it would be a decision in which the Lord Chancellor—unless he were a peer, which was of course the case prior to 2005—had an actual interest, as the Commission would be determining the boundaries of the Lord Chancellor’s own constituency. The answer I got was that, in making such an appointment, the Lord Chancellor would have to act within established law principles. It seems clear that the Government accept that there is a personal interest in this matter. My second question was whether it would be susceptible to a legal challenge. To that I got the answer that in making such an appointment the Lord Chancellor would have to act within established public law principles. Thirdly, I asked whether it was consistent with the duty placed on the Lord Chancellor to uphold the continued independence of the judiciary. The answer was that is not inconsistent for the Lord Chancellor to have a role in appointments that involve the selection of one member of the judiciary over another. Indeed, because the Lord Chancellor is still ultimately accountable for senior court appointments, it was considered sufficiently important for there to be ministerial accountability to that extent for the judicial appointment system. The same could be said of these appointments.
Lord True (Con)
My Lords, I thank all noble Lords who have contributed to this debate. My brief rather optimistically said “this short debate”. In fact, it has not been a short debate because it has been an important one. Perhaps at times, as someone said, it has strayed a little closer to Second Reading than consideration of Commons Reasons, but I fully understand the passion and commitment with which all noble Lords have spoken on the amendments they are concerned with, including, of course, the noble Lord, Lord Woolley.
Not to waste time, I turn to the two amendments before us. They are in the names of the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Lord, Lord Woolley. As we know, the amendment in lieu tabled by the noble and learned Lord, Lord Thomas, relates to the role of the Lord Chancellor in appointing deputy chairs of the Boundary Commissions and proposes that the Lord Chief Justice appoints them rather than the Lord Chancellor. Some people have expressed concern about the nature of the Lord Chancellor, including the noble Baroness opposite, but I must remind her that it was her party which so sadly removed the Law Lords from your Lordships’ House, to its great detriment. Indeed, that created the nature of the Lord Chancellor about which she complains today. It was a creation at the back of a press release by the Labour Government. This is something that we have to deal with and people with the integrity of my right honourable friend the current Lord Chancellor are seeking to deal with it.
The noble and learned Lord, Lord Thomas, provided us with some questions and I undertook to answer them. However, the noble Lord read out the questions and the answers that we had provided. I shall not go through them all. The record is there in Hansard, but I will repeat that the Lord Chancellor has confirmed that the roles of constituency MP and Lord Chancellor—and indeed any other Minister—are separate and that the Lord Chancellor will always have to act consistently with public law principles in making this or any appointment.
As for whether it is susceptible to legal challenge, as the noble and learned Lord, Lord Thomas of Cwmgiedd, speculated, the Lord Chancellor’s role in making such an appointment is subject to established public law principles and could be challenged by way of judicial review. The noble and learned Lord lamented that. On other occasions I have been urged in this House not to press proposals and propositions that do not allow for judicial review. That is the position and your Lordships must draw your own conclusions.
I was also asked whether it was inconsistent for the Lord Chancellor to have a role in appointments that could involve the selection of one member of the judiciary over another. Indeed, the noble and learned Lord spoke at some length on this question. It is, however, the process currently for the appointment of High Court judges. The reason the Lord Chancellor is still ultimately accountable for senior court appointments is that it was considered sufficiently important for there to be ministerial accountability to that extent. Ultimately, for something so important, ministerial accountability to Parliament is of great importance. The same could be said of these appointments.
The noble and learned Lord referred to a letter that he had received from the Lord Chancellor, part of which he quoted. Perhaps with the authority of a Minister speaking from the Dispatch Box, I can read it out as binding on the Government:
“I would like to assure you”,
wrote the Lord Chancellor,
“that I will commit to the Lord Chancellor formally conducting the Lord Chief Justice on all future appointments.”
My right honourable friend the Lord Chancellor said that he hoped that would provide the noble and learned Lord, Lord Thomas, and the House with the assurance they seek. For that reason, I am pleased to hear that the noble and learned Lord is minded to withdraw his amendment and I hope he will do so.
I return to the amendment tabled by the noble Lord, Lord Woolley. As many noble Lords have said, it is an amendment in lieu to Lord Shutt’s original amendment. I will not repeat what I said about Lord Shutt at the start. I offered that spontaneously and I do not think I can do better than that, so I will not reiterate the fine, warm and justified words from other noble Lords in this debate. However, respect for an individual does not necessarily make a case for making law. Respect for an individual and their life’s work imposes a sense to remember the witness of that individual and to reflect on the things that they said.
My noble friend Lady Scott of Bybrook and the Leader of the House in another place spoke at length in Grand Committee, on Report and in Commons consideration of your Lordships’ amendments. The Government have taken and continue to take action in great detail in this important space of increasing voter registration. Noble Lords who been taking part in these debates will know that I have said that the House will have the opportunity to return to debate electoral issues such as this again when parliamentary time allows. I cannot make any promises, but it is legislation that I hope will come sooner rather than later.
We do not see this amendment as necessary. While the Government agree that the completeness and accuracy of the electoral registers is critical and have set out on numerous occasions the work we are doing, we do not believe that the amendment is necessary. We have introduced online registration, which has made it easier, simpler and faster for people to register to vote. It can take as little as five minutes. We are liberating more time for EROs, on whom the statutory responsibility for maintaining complete and accurate registers lies, to have more time to do their jobs efficiently and effectively, including making changes to the annual canvass. Improvements have been made and will be made in legislation in future Sessions. Scepticism was expressed about that sentiment but it is important to note that recent elections have been run on the largest ever electoral registers.
Although I have not yet had the opportunity to discuss the matter with the noble Lord, Lord Woolley, I told him at a meeting we had on Tuesday—which I greatly appreciated and the Government look forward to working with him in future, as he asked for in his speech—that when a national insurance number is issued, the individual receiving it is informed that they can use the number to register to vote. That happens now. Could this wording be made clearer? I am sure it could. I can confirm that officials are already working with their counterparts across government in DWP and HMRC to see what can be done.
However, I do not believe that this requires a statutory amendment at this late stage; it can be done through non-legislative means. Obviously, the Government will report back on the progress of that consideration: if not, we will no doubt be probed in future electoral registration in this matter. I hope, in answer to the noble Baroness opposite, many of whose remarks towards the end of her speech I agreed with, that it is possible to take this forward through non-statutory means. I hope we will do so, having put that on the record in your Lordships’ House.
I hope we will not have a Division on this. As my noble friends Lord Cormack and Lord Blencathra reminded us, it is not the manner in which your Lordships normally operate at this late stage. I was surprised, therefore, to hear the intervention from the noble Lord, Lord Tyler, who had not had the kindness to inform me, as Minister responsible, that he was proposing to do this—I use the word “kindness” rather than another. I wonder whether the noble Lord had an IT problem when it came to tabling his own amendment. I am not following my noble friend Lord Blencathra’s speculations, but it is interesting that this action is coming from the Liberal Democrat Benches. It is an unusual action in this House to deny permission to a noble Lord wishing to withdraw his amendment. Surely, it is all the more unusual at this very late stage on a new amendment.
The House is facing great difficulties in conducting business in a hybrid way during the coronavirus crisis. It appears that all sides are behaving with great patience and restraint and deserve the highest praise. I believe that this is surely an occasion for restraint. The noble Lord, Lord Woolley, has asked to withdraw his amendment, and in all respect to him, I believe that he should be allowed to do so. The Boundary Commissions, as my noble friend Lord Cormack said, need to start their work; the elected House wishes them to start their work. The last review was delayed by the Liberal Democrat Party, as we know, and I hope it is not going to be a case of “Here we go again.”
I do not believe that there is any reason for further delay and I remind the House that, under the Bill, the review that we in this House and the other place are endorsing will be based on the number of electors, including attainers, on the electoral registers as at 2 March 2020, so it will not be possible for the Boundary Commissions to take into account any changes to registration levels after that date for the purpose of the 2023 review. Therefore, the amendment would, in any case, be ineffective in acting on the review before us. I sincerely hope, in these circumstances, saying as I do that we will give the highest respect, now and in future, to the sentiments expressed by the noble Lord, Lord Woolley, and others, that the noble Lord, Lord Tyler, will not take the exceptional action he proposes in denying permission to withdraw.
Throughout the passage of the Bill, noble Lords from all sides of the House have provided invaluable scrutiny and, in one respect at least, a major improvement through the amendment pressed by my noble friend Lord Young of Cookham. They have provided invaluable scrutiny and expertise, which we will carry forward when we consider electoral legislation in Sessions to come. The Government have listened to that advice and the Bill has been amended, as I said.
While we have not always agreed on the detail, this has been a novel experience for me: it is the first Bill that I have had the opportunity—the honour, I should say—of taking through your Lordships’ House. I thank all noble Lords who have taken part and tabled amendments for the brilliance and, often, the brio with which their arguments have been put. The word “passion” has been used, and I accept that word. In particular, I thank the noble Baroness, Lady Hayter, and the noble Lord, Lord Lennie, and the noble Lord, Lord Wallace of Saltaire, and his team for the constructive and courteous way we have gone about things. It has meant a lot to me personally, and it has been extraordinarily helpful, productive and reflexive in carrying our public debate forward. Like others, of course I thank all the officials involved, and particularly my own Bill team for the prompt service they have given us all.
The legislation will allow the Government to deliver a manifesto commitment to updated and equal parliamentary boundaries to ensure that every vote counts the same. Current boundaries are horribly out of date and there is no time for delay. It is surely time, as my noble friend Lord Cormack wisely urged, that the Bill now passes and the Boundary Commissions will be able to begin their next review without further delay and finally have constituencies that are updated and reflective of the past two decades of demographic change.
“Improving completeness of electoral registers for purposes of boundary reviews
(1) Within a year of this Act coming into force, the Secretary of State must lay before Parliament proposals for improving the completeness of electoral registers for purposes of boundary reviews.
(2) The proposals in subsection (1) may include requirements for the Department for Work and Pensions to notify individuals of the criteria for eligibility to vote and of the process for making an application to join the register when they are issued with a new National Insurance number, and to encourage them to do so.””
Ministerial Code
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Lord Tyler
To ask Her Majesty’s Government whether their Ministers are expected to abide by the standards of conduct in the discharge of their duties as set out in the Ministerial Code.
The Minister of State, Cabinet Office (Lord True) (Con)
Yes, they are, my Lords. The Ministerial Code sets out standards of behaviour that Ministers are expected to maintain. Ministers are personally responsible for deciding how to act and conduct themselves in the light of the code and for justifying their actions and conduct to Parliament and to the public to whom they are ultimately accountable. The Prime Minister takes any allegations about misconduct very seriously and is the ultimate arbiter of conduct.
Lord Tyler (LD) [V]
My Lords, on 2 November the Minister assured me and the House that the inquiry into bullying by the Home Secretary was wholly independent and free of all political and personal interference. Given that the Prime Minister prejudged that inquiry by expressing every confidence in her, promised to stick by her and then tried unsuccessfully to tone down the report before sitting on it for many months and rubbishing its recommendations, does the Minister now regret that he was misled? The Prime Minister promised that the Ministerial Code would outlaw bullying and harassment, but he has made the process a sham and the outcome shambolic. This is what Obama calls “truth decay”. Why should civil servants—or, indeed, anyone else—now trust the Prime Minister’s promises?
Lord True (Con)
My Lords, I infer from his remarks that the noble Lord did not prejudge the outcome of the inquiry. The Cabinet Office published the Sir Alex Allan’s findings on the Home Secretary’s conduct. The PM, as the arbiter of the code, considered all the findings carefully and, weighing up all the factors, the Prime Minister’s judgment is that the Ministerial Code was not breached.
Lord Howard of Rising (Con) [V]
My Lords, just as Ministers take responsibility for their department, good or bad, so civil servants do not publicly criticise their Ministers. Does the Minister agree that Sir Philip Rutnam behaved disgracefully badly when he crossed that boundary by rubbishing a Secretary of State? He brought even further disgrace on our superb Civil Service by appearing on television. Does the Minister agree that in future snowflakes should be barred from being Permanent Secretaries or, indeed, holding any other senior position in the Civil Service?
Lord True (Con)
Well, my Lords, my noble friend always asks his questions in a direct manner. I will not comment on any individual case, but it is certainly true that being at the top of a major department is a challenging role for Ministers and senior civil servants alike—and, frankly, I have not known many snowflakes in either of those capacities.
Lord Butler of Brockwell (CB)
My Lords, it would have been good if the Minister had condemned the terms of the question asked by the noble Lord, Lord Howard. Under this Prime Minister, the conduct of the Government and their Ministers has been criticised by the Supreme Court, the National Audit Office in relation to their conduct of procurement, the Commissioner for Public Appointments, the chair of the Committee on Standards in Public Life and the Prime Minister’s independent adviser on ministerial conduct. Do the Government take these criticisms seriously? If so, what proposals do they have to restore confidence in the probity of public life?
Lord True (Con)
My Lords, I do not agree that confidence in the probity of public life, as the noble Lord puts it, is destroyed. The Government take all criticism and comment seriously and reflect on all comment, positive and negative. That is the wise thing to do, and I am sure the Government will continue to do it.
Baroness Quin (Lab) [V]
My Lords, are there any previous cases of Prime Ministers overruling and ignoring the results of an inquiry under the Ministerial Code?
Lord True (Con)
My Lords, I would not characterise it in that particular way. The Prime Minister concluded in this case that the Ministerial Code was not breached. There was a prior case in 2012 when there was a finding that the code had been breached and the Minister also remained in office.
Lord Wallace of Saltaire (LD) [V]
My Lords, has the Minister read the lecture given by the noble Lord, Lord Evans, to the Institute of Business Ethics on 11 November? The noble Lord commented that
“too many in public life, including some in our political leadership, are choosing to disregard the norms of ethics and propriety that have explicitly governed public life for the last 25 years, and … when contraventions of ethical standards occur, nothing happens.”
Does the Minister agree?
Lord True (Con)
No, my Lords, I do not agree, because I do not consider that that generalised charge against people in public service is justified. I find high standards of probity among the colleagues I work with and among the people I have had the honour of opposing in the past when they were in government.
The Lord Bishop of St Albans
I am proud to be part of a House that places such emphasis on standards and codes of conduct when working with civil servants and staff, and I take this opportunity to thank those who serve us so brilliantly in every aspect of this House. The Civil Service needs to attract the brightest and best, and at the moment it is in competition with many other organisations which, equally, are trying to attract young people. If it is widely perceived that they will not be valued and respected, will that not, in the long run, affect recruitment to the Civil Service?
Lord True (Con)
My Lords, I am grateful for the right reverend Prelate’s first comment. It is not the case that this Government do not value civil servants. Indeed, the joint letter sent out by the Prime Minister and the Cabinet Secretary yesterday reaffirmed their admiration for the work of civil servants.
Baroness Noakes (Con)
My Lords, does my noble friend the Minister agree that it is a strength of the Ministerial Code is that it does not require the removal from office of a Minister who breaches it but emphasises that the Prime Minister is the final arbiter on whether a breach has occurred and, if so, what the consequences are, which then allows him to make considered judgments in cases that are not black and white?
Lord True (Con)
Yes, my Lords, these things are a matter of judgment. No one has referred to the fact that my right honourable friend the Home Secretary has made a very strong apology for her actions.
Baroness Smith of Basildon (Lab)
My Lords, I was disappointed with the Minister’s response to the noble Lord, Lord Butler of Brockwell, who sought to place this issue in the context of how the Government see their role. The Prime Minister has to understand—as Donald Trump has had to do—that his saying something does not make it true. In his introduction to the Ministerial Code in 2019, the Prime Minister was resolute that there would be no bullying. Yesterday, in the extraordinary letter to civil servants and Ministers, he repeated that there is no place for bullying. He may be the final arbiter, but in the first test that he had, he overruled an independent report into a senior Minister who urges the rest of us to uphold the rule of law. Perhaps I may ask him one specific question on this. Did the Prime Minister seek—albeit unsuccessfully—to have the final report watered down before it was officially presented to him?
Lord True (Con)
My Lords, I said in answer to an earlier question that I am not commenting on any part of the process. The Prime Minister’s conclusion was that the Home Secretary was not a bully. That does not mean that there were not difficult circumstances, which were brought out in Sir Alex’s report, or that bullying should not be something that we all take extraordinary seriously and combat.
Lord Harries of Pentregarth (CB) [V]
I absolutely accept that the Prime Minister should make the final decision on these matters, and I respect the fact that the Home Secretary has apologised, but does the Minister agree that the fact that the Prime Minister immediately sent round an email saying that there must be no bullying, against the background of rejecting the advice of his adviser, is bound to at least raise a great number of eyebrows?
Lord True (Con)
I am afraid that I cannot follow the noble and right reverend Lord. I have answered that the Prime Minister did not consider that the Home Secretary was a bully, and the noble and right reverend Lord referred to the Prime Minister’s views on the matter. I learned in Sunday school that forgiveness is a Christian quality, and I believe that we should accept the apology and move on.
Lord Forsyth of Drumlean (Con) [V]
My Lords, given that four senior civil servants who gave evidence under oath to the Salmond inquiry have had to return with corrections to their testimony, is my noble friend sure that the Civil Service Code is fit for purpose? On the enforcement of the Ministerial Code, does he share my concern that, unlike the Prime Minister, Sir Alex Allan was able to reach his conclusions without interviewing the Home Secretary himself?
Lord True (Con)
My Lords, as I have said, I cannot comment on the details of the investigation or on who was involved. I think that many would be surprised by my noble friend’s hypothesis. However, I can say again that the Prime Minister has reviewed the matter, including Sir Alex Allan’s report, and does not consider that the code was breached. The Prime Minister and the Cabinet Secretary have issued a letter setting out the joint responsibilities of Ministers and Permanent Secretaries. As my noble friend implies, there is a duty on both sides to work together harmoniously. I believe that we should now all get on with the job of doing good public service.
The Lord Speaker (Lord Fowler)
My Lords, the time allowed for this Question has elapsed and it brings Question Time to an end.
Union Capability: Dunlop Review
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Lord Foulkes of Cumnock
To ask Her Majesty’s Government when they expect to publish the report of the Dunlop Review into UK Government Union capability.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, as the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office told the House of Commons Public Administration and Constitutional Affairs Committee on 10 September, the Government intend to publish the Dunlop review before the end of the year.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, does the Minister recall that the noble Lord, Lord Dunlop, was asked to review the strengthening and sustaining of the union? Given the Prime Minister’s gaffe when speaking to northern MPs earlier this week, which fuelled the fires of nationalism, is it not time for the Dunlop report to be published now and for the Prime Minister to act on it?
Lord True (Con)
My Lords, as I have said, the review will be published before the end of the year. It makes a number of recommendations, which Ministers are taking the time to consider carefully, before setting out how they will take them forward. Unfortunately, work has been delayed by a focus on the UK-wide response to Covid.
Baroness Clark of Kilwinning (Lab)
Polling carried out in September showed that the Prime Minister Boris Johnson was himself the major driver of voters in Scotland towards support for independence. Given that, does the Minister not agree that it is time for the Government to review their policies and attitudes towards Scotland?
Lord True (Con)
My Lords, the Government believe in devolution. The individual devolution settlements and their effectiveness have been appraised on a range of occasions, in the last 20 years. The Prime Minister, quite rightly, drew attention to the threat posed by the SNP to the unity of our kingdom.
Lord Bruce of Bennachie (LD) [V]
I have no doubt that the Dunlop review will be well informed and constructive, but I echo the comment of the noble Lord, Lord Foulkes, that the Government must address this issue urgently, given the Prime Minister’s recent remarks and the almost universal opposition expressed to almost all aspects of the UK Internal Market Bill. Does the Minister accept not only that we need clarity now to secure the devolution settlement, but that there is a case for a constitutional convention that respects devolution and achieves a collaborative approach to UK decision-making, rather than unilateral decisions by the UK Government?
Lord True (Con)
My Lords, good contacts exist between the UK Government and devolved Administrations. I recently reported to the House on the positive development in the review of intergovernmental relations. I assure the House that the Government take these matters seriously. The Prime Minister has set up a Cabinet committee for union policy implementation to support the delivery of policies that sustain our union.
Lord Caine (Con)
My Lords, does my noble friend agree that, far too often, the unionist case is framed by references to what we achieved together in the past, when we urgently need a modern compelling unionist vision for the future of our United Kingdom? This is unlikely to be the preserve of any one party; what is required is for unionists across the United Kingdom to come together and make common cause, if we are to preserve our great union and defeat those who would tear it apart.
Lord True (Con)
My Lords, I very strongly agree with my noble friend, and spoke yesterday of the importance of not imputing bad intent where there is none. We are at our strongest when we work as one union, with the needs of all our citizens as the priority. The UK Government have provided billions in support of businesses and individuals in all parts of the UK during the Covid crisis. Our welfare system has been able to support people across the UK and our armed services have been invaluable. My noble friend is quite right: this is a story that unionists from all parties should tell.
Lord Kerr of Kinlochard (CB) [V]
The Prime Minister may choose to disparage the devolution settlement, but this House showed yesterday that it is not ready to destroy it, and we can infer that—like the noble Lord, Lord Dunlop, and Sir John Major—the House thinks that it is better to improve and use rather than abuse the intergovernmental consensus-building mechanisms which exist. Why can we not get on with that now? Why must we wait until the end of the year before we see the Dunlop report? Can the Minister answer the pertinent questions which the noble Lord, Lord Dunlop, put to him in the Chamber on 19 October? How do the Government react to Sir John Major’s lecture 10 days ago?
Lord True (Con)
My Lords, I have not had the time to read Sir John’s lecture. I said that the review would be published before the end of the year. It is important that we do not denigrate the substantive progress being made in the review of intergovernmental relations. I commend the devolved Administrations and the UK Government in the work going on there. It is very risky to claim that there is no co-operative work going on in this kingdom.
Baroness Smith of Basildon (Lab) [V]
My Lords, can I take the Minister back to his first Answer? He said that Michael Gove had said that the review would be published before the end of the year. In fact, Michael Gove linked this review to the UK internal market Bill, which is currently going through the House, and said that it would be published before the Bill received Royal Assent. Most of us assumed that to mean that what is in that review will be helpful to our deliberations on the Bill, which has the devolution settlement at its heart, and most of us think that the Government have got this wrong. Would the review by the noble Lord, Lord Dunlop, not be a helpful way to get to the bottom of some of these issues and have a proper informed discussion? It could help us with that, so why do the Government not publish it now, while we are discussing these very issues in legislation in your Lordships’ House?
Lord True (Con)
My Lords, I have underlined the importance of the issues and said that the Government gave a Written Ministerial Statement recently about relations and transparency. The Government are determined to carry this work forward, so far as the UKIM Bill is concerned. I do not agree with the characterisation of it, and the Government will reintroduce Part 5 in the House of Commons.
Lord Campbell of Pittenweem (LD)
Does the Minister understand the extent of the damage caused by the recent remarks of the Prime Minister, underlined by the sophistry of his subsequent attempt at explanation? He will be familiar with the old dictum that careless talk costs lives. In this case, careless talk costs votes.
Lord True (Con)
My Lords, the Prime Minister told the House of Commons:
“I think what has unquestionably been a disaster is the way in which the Scottish nationalist party has taken and used devolution as a means not to improve the lives of its constituents, not to address their health concerns or to improve education in Scotland, but… constantly to campaign for the break-up of our country”.—[Official Report, Commons, 18/11/20; col. 315.]
I agree with him.
Lord Empey (UUP) [V]
My Lords, on 10 November in Grand Committee, introducing the Common Rules for Exports (EU Exit) Regulations 2020, the noble Lord, Lord Grimstone, said that the EU Commission
“will exercise these powers in Northern Ireland.”—[Official Report, 10/11/20; col. GC 421.]
Can my noble friend explain how allowing a foreign power to exercise executive authority in a part of the United Kingdom is consistent with the Government’s commitment to taking back control and to the maintenance of the union?
Lord True (Con)
My Lords, I have not seen my noble friend Lord Grimstone’s remarks in context, so I will respond to the noble Lord by letter.
Lord Lexden (Con)
Can the Minister, who throughout his career has been a powerful advocate for the union, agree that a strengthening of it is the cardinal requirement at this moment? Does he think that the recommendations of the Dunlop report will help to secure that great objective?
Lord True (Con)
My Lords, I cannot anticipate the detailed response to the Dunlop report. I commend both my noble friends Lord Lexden and Lord Dunlop for their commitment to the union. I hope that the package of measures in the intergovernmental review, and in response to the Dunlop review and other work, will make very clear this Government’s commitment to sustaining our vital and precious union.
Viscount Waverley (CB) [V]
My Lords, I am a unionist but, given where we are and before the United Kingdom implodes, what workable alternatives can the Government advance beyond federalism as possibly the most equitable and pragmatic form of governance that would best serve the regions of the United Kingdom? We have divorced ourselves from the concept of EU regionalism and face challenges north of the border, the long underinvestment debate in the north of England, the current Northern Ireland complexities and, importantly, the UK’s citizenry across the regions generally feeling distanced from each other. It is all coming to roost.
Lord True (Con)
My Lords, I do not agree that the United Kingdom is imploding. That is unhelpful talk. No political party in this country wishes to actively and swiftly break up the United Kingdom, except the one that I have mentioned. There is important co-operative work going on which will continue in full respect of the devolution settlement. We should all, in all parties, subscribe to that, as the noble Lord, Lord Caine, said.
Northern Ireland Protocol: Implementation Proposals
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Lord Murphy of Torfaen (Lab) [V]
My Lords, yesterday Northern Ireland business leaders told Members of Parliament that the Government have left them without clarity, details or time to deal with the huge change that is coming. The president of the Ulster Farmers’ Union said they are being asked to prepare with both arms tied behind their back and a blindfold on. So what are the contingency plans for business if the customs declaration service is not available by 1 January? Why have businesses had no information on how a tariff rebate system would work? As noble Lords know, businesses always need certainty, and certainty here is absolutely lacking.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, the Government are committed to ensuring that businesses and communities are ready for the end of the transition period. I am sorry to hear of the remarks reported by the noble Lord, but our intensive programme of engagement with industry continues at pace. The Business Engagement Forum has now met 20 times since May, and this month the Chancellor of the Duchy formed a UK-wide business readiness task force. We have also made considerable progress on the provision of guidance, publishing over 25 pieces of sectoral guidance for businesses moving goods between Northern Ireland and GB in recent weeks.
Lord Bruce of Bennachie (LD) [V]
Yesterday’s Statement in in the House of Commons was a bravura performance, but completely out of touch with reality. Is it not the case that any small business in Northern Ireland planning for Brexit is faced with a nightmare of distraction, with few hard facts on which to base any decisions? The five essential steps on InterTradeIreland pose detailed questions on the supply chain, customs, people and data, to which answers are not available. If you ask your supply chain, they do not yet have the answers; if you ask customs, neither do they, and so on. When will the trader support service be in a position to deliver to businesses that register? Does the Minister accept that, given the continuing uncertainty, services in support of the trader support service will be needed for years to come?
Lord True (Con)
My Lords, in relation to the trader support service, I can report to the House that, whereas my honourable friend in the House of Commons said that 7,000 businesses had signed up, 9,000 businesses have now signed up, with hundreds more joining every day. We will shortly set out further support for agri-food producers engaging with new SPS processes.
Lord Caine (Con)
My Lords, does my noble friend share my concern that far too many people see this issue solely through the prism of strand 2 of the Belfast agreement and of avoiding a hard border on the island of Ireland? Will he confirm that the 1998 agreement contains three strands, while the consent principle underpins Northern Ireland’s position as an integral part of our United Kingdom? As such, is it not imperative that Northern Ireland continues to benefit from free and unfettered access to what is by far its largest single market?
Lord True (Con)
My noble friend raises an important point and I can certainly reassure him that the Government remain committed to the Belfast/Good Friday agreement in its entirety, including all three strands; east-west is vital, as he says. We are delivering on our unequivocal commitment to deliver unfettered access, and I hope very much that noble Lords will reconsider their obstruction of the legislation on that subject.
The Earl of Kinnoull (Non-Afl)
My Lords, I warmly welcome the joint letter of 5 November from the First Minister and Deputy First Minister to Commissioner Šefčovič. In view of the significant concerns that they jointly expressed, what is being done to allow supermarkets to continue to service Northern Ireland from Great Britain? Can the Minister confirm reports that the UK and the EU are considering agreeing a grace period to allow supermarkets time to adapt to the protocols approach, which is still under discussion in the Joint Committee?
Lord True (Con)
My Lords, the noble Earl raises an extremely important point. I cannot go into matters that are, as he implies, under active discussion, but we have certainly committed to an intensified process of engagement with the EU to resolve all outstanding issues such as this, which includes securing flexibilities for trade from GB to NI. That is particularly important for supermarkets, where we have been clear that specific solutions are required. The recent joint letter from the First Minister and Deputy First Minister reflects how important that issue is for Northern Ireland, and we will continue to work closely with the Executive to get a solution to this problem.
Lord Bilimoria (CB) [V]
Agreement with the EU is key for the sustainability and implementation of the protocol. As president of the CBI, I hear from businesses on a daily basis about the urgent need for the clarity that is needed on the transfer of goods from Great Britain to Northern Ireland. Businesses want clarity, but they also want to ensure that the protocol works long-term for peace, trade and investment—and this starts with a deal. Does the Minister agree that clarity is needed to ensure the continued flow of goods between Great Britain and Northern Ireland?
Lord True (Con)
I certainly agree on the importance of clarity. As I have said, certain matters are still under discussion in the joint committee, but the Government have already issued 25 documents of sectoral guidance. We are actively engaged with business in Northern Ireland and we attach the highest importance to these points.
Baroness Goudie (Lab) [V]
This situation threatens the rights and equality clauses in the Belfast agreement, because European law has long been crucial to support those rights. At the time of the Belfast agreement, it was guaranteed that there would be no diminution of such rights as a result of Brexit. These rights are also threatened with regard to Britain’s future membership of the European Convention on Human Rights. In addition, the UK Government’s lack of commitment to guaranteed labour, anti-discrimination and environmental rights in Northern Ireland equal to those enjoyed during the EU membership suggests that they are also under threat.
Lord True (Con)
I disagree with the noble Baroness. The Government are committed to human rights principles and to the maintenance of the Good Friday agreement.
Baroness McIntosh of Pickering (Con) [V]
My Lords, the Northern Ireland protocol commits to “unfettered” access for all goods, including agri-foods. Does my noble friend accept that there will be a new legal obligation for submitting a customs declaration for import and export purposes that will both take time and incur expense to fill in? How does that square with the commitment to unfettered access?
Lord True (Con)
My Lords, unfettered access from Northern Ireland to GB will be sustained and there will be no customs checks. So far as GB-NI is concerned, any control will be at a very minimal level, with risk assessment and administration undertaken by UK authorities.
Lord Singh of Wimbledon (CB) [V]
My Lords, would the Minister agree that we are being a little hypocritical in admonishing China over Hong Kong while preparing to renege on provisions in the EU withdrawal agreement and the Northern Ireland protocol? Would he also agree that trying to get the best of all worlds in trade could seriously affect progress under the Good Friday agreement?
Lord True (Con)
No, I do not. The maintenance of the Good Friday agreement requires unfettered access, which was committed to by the EU and in the reformation of the Northern Ireland Executive. So far as comparing the actions of the UK Government with those of communist China, I indignantly reject the parallel.
Lord Robathan (Con) [V]
My Lords, does Her Majesty’s Government consider that both sides in the negotiations regarding the protocol and the withdrawal agreement are acting in good faith? Would it not cause much greater harm to, and further undermine, the Belfast agreement if we were to separate Great Britain from Northern Ireland, contrary to the wishes, or without the consent, of all the people in Northern Ireland?
Lord True (Con)
My Lords, consent—and the consent of both communities—is absolutely fundamental to this whole process. I agree with my noble friend that it would be to the benefit of all if a reasonable agreement could be reached sooner, as the UK Government hope is still possible.
Lord Hain (Lab) [V]
My Lords, has the Minister any idea of how desperate businesses in Northern Ireland, especially those trading across the Irish Sea—as many do—are to know what their future will be in a month’s time? I say bluntly: please do not give us the same old warm waffle about how it will be all right on the night. People’s jobs and livelihoods are at stake here, and they have no idea what the future holds for them.
Lord True (Con)
My Lords, to say that the Government are wholly committed to the future security and prosperity of business in Northern Ireland is not “warm waffle”; it is the truth of the matter. We are providing extensive support through the trader support service. I have referred to other measures, including the £150 million that has been put into IT systems, and we are working at pace to deliver all that is necessary. I hope that agreement can be reached in the joint committee and that any uncertainties there can be resolved.
The Deputy Speaker (Lord Haskel) (Lab)
All the questions have now been answered.
Public Procurement (Amendment etc.) (EU Exit) Regulations 2020
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Public Procurement (Amendment etc.) (EU Exit) Regulations 2020
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The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, procurement by the Government and public sector bodies represents a significant part of the UK economy. It is essential to the day-to-day running of government and should be appropriately regulated. The Government are committed to ensuring the continued functioning of this important marketplace when we leave the EU.
This statutory instrument will ensure that the UK will meet the requirements of the withdrawal agreement and the Northern Ireland protocol and replaces the earlier statutory instruments that did not take these matters into consideration. This legislation is essential to provide legal clarity for public procurement and certainty going forward, as we look at the possibilities for wider procurement reforms, which may be brought into domestic legislation.
The majority of this SI is unchanged from the Public Procurement (Amendment etc.) (EU Exit) Regulations 2019, as amended by a second SI made in 2019, instruments that were debated in both Houses before being signed. Those instruments however, addressed deficiencies in a no-deal scenario. This instrument consolidates the first 2019 SI as already amended, incorporating further changes and new provisions, where relevant. The amendments made by this instrument do not amount to a material change in procurement policy. They will ensure that the UK’s procurement system continues to function as intended at the end of the transition period. UK contracting authorities will be able to continue to procure goods and services without substantial changes in the process. In that way, the Government are ensuring that those entities can continue to be able to obtain value for money for UK taxpayers.
The instrument makes amendments to the three sets of regulations that implement the EU directives on awarding contracts and concessions in the public and utilities sectors outside the field of defence and security. Your Lordships debated a separate instrument amending the Defence and Security Public Contracts Regulations last week. Where this instrument differs substantially from the 2019 instrument is that it seeks to provide a level of continuity for procurement procedures which began before the end of the transition period. Procurements that fall within this category, including orders from ongoing contracts, will continue in substance to follow the unamended procurement regulations. We do not expect that there will be many procurements which fall into this category; however, it would be difficult to measure these exactly. A number of new technical amendments have also been included in this instrument.
This instrument makes it clear that specifications with an information and communication technology component can continue to refer to the common technical specifications recognised by the EU Commission. This is an extremely dynamic area of technical specifications, and the EU’s process for recognising them is based on accepted best practice that the UK Government have been instrumental in developing. We have decided that, pending a mechanism to identify these domestically, retaining the reference to the EU’s standardisation process is deemed the best solution.
The thresholds that govern the award of public contracts came into effect in the UK on 1 January 2020, and the sterling figures in this instrument reflect those updated figures. The procurement of certain legal services by a lawyer as defined by the lawyers’ services directive are excluded from the procurement regulations. So that EU lawyers do not receive preferential treatment over those from third countries, this instrument amends the definition of lawyer to mean a person practising as an advocate, barrister or solicitor in any part of the UK or in Gibraltar. That includes those Swiss lawyers entitled to practise under their domestic designation in accordance with the Swiss citizens’ rights separation agreement.
This instrument also makes various amendments to the procurement regulations to reflect recent amendments made to other domestic and retained direct EU legislation —for example, in relation to the acceptable formats for advanced electronic signatures, and the applicable rules for determining the origin of products. To enable the procurement regulations to reflect technological developments and full and ongoing interoperability in electronic invoicing, a power has been conferred on the Minister for the Cabinet Office to make regulations to substitute a different e-invoicing standard, a different reference from the same standard or make changes to specific syntaxes for e-invoices.
The instrument disapplies rights derived from Article 18 of the Treaty on the Functioning of the European Union and parallel provisions in other agreements, to the extent that they are not disapplied in other domestic regulations. Retaining these rights would leave a lack of clarity as to whether EU parties within the scope of Article 18 of TFEU would have additional rights in the UK compared to non-EU countries. For example, suppliers from the EU may be provided with additional rights compared to third-country suppliers.
The UK has been invited to accede to the government procurement agreement, or GPA, in its own right. This instrument repeats the contingency arrangements set out in the 2019 EU exit statutory instrument, in case we are unable to legislate for GPA accession, resulting from any delay to the Trade Bill. One of the amendments ensures continued guaranteed access, rights and remedies on current terms for suppliers from existing GPA parties who would no longer have the guaranteed access, rights and remedies that they currently enjoy. This will mitigate the risks of a short gap in GPA membership by facilitating continued market access. Due to delays to the Trade Bill, we have also included a similar measure to this in relation to certain bilateral trade agreements between the EU and third countries to which the UK is currently party via its membership of the EU. This will keep alive the existing obligations towards suppliers from countries with which the EU has, before the end of the transition period, entered into a trade agreement with provisions relating to public procurement by which it is bound. The period in the 2019 EU exit SI was set to 18 months. This has been reduced to 12 months in this instrument to reflect the progress made in the Trade Bill.
In summary, this instrument seeks to ensure that the current public procurement regimes will continue to function after the end of the transition period, and to implement the relevant sections of the withdrawal agreement. It does not seek to make major policy changes or introduce new frameworks; instead, it makes largely technical changes to correct the deficiencies that will naturally emerge within our legislation at the end of the transition period. Left unamended, the existing regulations would not work as intended, and the EU exit regulations made last year in the context of a no-deal scenario would come into force. This would amount to a breach of our international obligations as well as a cause of confusion and uncertainty for procurers and suppliers, hampering the public sector’s ability to obtain value for money from procurement. I commend the regulations to the Committee and beg to move.
Lord True (Con)
My Lords, I thank all those noble Lords who have spoken in the debate, and for their general welcome for these regulations. I will obviously try to answer at least some of the points made, but a number of them have been extremely detailed and not ones of which I have had prior notice. Where I cannot answer, I will obviously follow the usual conventions.
I was taxed about this being the third version of a procurement EU exit SI; I sought to explain in my opening speech the reason why. As I thought that I had explained, the previous two SIs were prepared for no deal, while this SI is to reflect the obligations in the withdrawal agreement and is within the powers provided under the European Union (Withdrawal) Act. It can correct deficiencies caused by our exit from the EU and it acts to implement the withdrawal Act. It is not dependent on the deal’s outcome.
Crown dependencies are not members of the EU and therefore are not subject to the public procurement regulated by the EU. The exception is Gibraltar, where the EU directive has been implemented. That is why Gibraltar is specifically included.
I am not going to follow the rather more political comments about alleged aspects of procurement. It is clear that a number of noble Lords are close readers of aspects of the press. No doubt a number of journalists will be gratified by the reference to allegations in the press. What I say on behalf of Her Majesty’s Government, and so far as I am concerned, is that no one would defend any form of impropriety in public life. That is a fundamental position to which all political parties have subscribed and, I trust, will subscribe. As the noble Baroness opposite generously observed, a number of the allegations relate to the procurement of PPE and other materials in the early stages of the Covid outbreak. In repeating what I have said—that no one will defend any improper or inappropriate action—I am sure that there will, quite rightly, be a long and continued examination of these aspects and allegations.
The reality is that the Government have been working tirelessly to protect people and save lives. Our approach has meant that we have secured 32,000 million items of PPE for now and in the future, as well as developing the biggest testing system per head of population of all the major countries in Europe. We have processes for carrying out proper due diligence for all government contracts. The noble Baroness asked for more specific information about this and we take these checks extremely seriously. For contracts relating to equipment such as PPE, we have a robust process in place ensuring that orders are of high quality and meet strict safety standards, but I am happy to provide her with further information.
I was asked about the devolved Administrations. Noble Lords will know that I attach great importance to them personally. I assure the noble Lords, Lord Wigley and Lord Hain, and the noble Baroness, Lady Hayter, that the devolved Administrations were consulted on the amendments to the procurement regulations and that they agreed with this SI. They support it and were, I am advised, involved in the drafting.
On the undertakings that the noble Lord, Lord Wigley, asked me about, those covered previously will continue as before. Essentially, that is the overall purpose of the statutory instrument before us.
I was asked about the GPA. Obviously, the UK currently participates in the GPA via its EU membership. The UK needs to the accede to the GPA in its own right to maintain legally guaranteed access to the public contract opportunities that the GPA provides. The offer that we have made to GPA parties maintains our existing commitments in the UK part of the EU schedule. As noble Lords know, the withdrawal Act aims to ensure as much continuity as possible. The UK has approval to join the GPA in its own right and a number of international agreements with procurements chapters have been signed. Therefore, all suppliers should continue to be treated equally and fairly through open competition. We expect a smooth transition, having received agreement for UK accession from January 2021. I acknowledge, as I did in my opening remarks, that delays to the Trade Bill have led to the instrument having a 12-month contingency to avoid any gap.
On advertising GPA opportunities to British firms, a national portal is a requirement of the GPA. Each GPA party will have space to advertise its opportunities and suppliers will have open access to them. The e-notification service is free of charge and will be openly accessible.
The noble Lords, Lord Blunkett and Lord Wallace, the noble Baronesses, Lady Boycott, Lady Bennett and Lady Hayter, and others made important points about the nature of future procurement. One advantage of where we are and where we hope to go is that we will be able to govern our own approach. We will use opportunities offered by our exit from the EU to consider carefully long-term options for reforming the procurement rules. I am sure that my colleagues will keep in mind the issues that have been raised, such as social value and the environment. We cannot provide further details on the possible outcomes at this stage but I can tell the noble Baroness that the Green Paper to consult on the proposed future changes to the procurement rules is currently being prepared. The plan is to publish it before the end of this year. Any changes will obviously be subject to separate legislation, which will enable your Lordships to probe these issues further.
I agree that not all the material is absolutely central but obviously I agree with the importance of high-quality food. Long ago, I worked with my noble friend Lord Goldsmith, then the MP for my local authority area, to promote the importance of good-quality food in public sector bodies. The Government are extremely mindful of the importance of these issues.
I was asked about the definition of lawyers. I believe that I included some remarks about what “lawyer” meant in my opening speech but if that is not the case, we will let the noble Baroness, Lady McIntosh, know. I think that I answered that point.
We need to ensure that the public procurement regulatory regime will function after the end of the transition period, providing continuity and legal certainty for UK public procurers and suppliers and signalling to suppliers from GPA and other countries that those regulations will guarantee them continued access, rights and remedies.
I know that I have not been able to answer all noble Lords’ questions in this short time but I hope that I have given the Committee some assurance and clarified the implications of the amended legislation. I trust, therefore, that noble Lords will support this statutory instrument.
Great Britain and Northern Ireland: Access for Goods
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The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, we have been unequivocal in our commitment to unfettered access for Northern Ireland goods moving to the rest of the UK market. We are delivering on that commitment in full, including through the draft statutory instrument we have laid to guarantee it from 1 January and the protections we wish to provide in the United Kingdom Internal Market Bill, which, regrettably, your Lordships opposed.
Baroness Ritchie of Downpatrick (Non-Afl) [V]
My Lords, supermarket chains and other business consortia in Northern Ireland are deeply concerned that goods supply lines will be cut off to them from 1 January 2021. Will the Minister, along with ministerial colleagues, and working with EU negotiators, ensure that flexibilities are built into food supply lines so that Northern Ireland businesses and consumers can continue to enjoy a wide range of choice and affordability with respect to all food products?
Lord True (Con)
The noble Baroness makes an important point. The UK Government recognise, of course, the unique position of authorised traders, such as supermarkets, with stable supply chains and comprehensive oversight of warehousing and distribution, moving pre-packaged products for retail solely in Northern Ireland. We are continuing to pursue specific solutions for this trade.
Lord Reid of Cardowan (Lab)
My Lords, many of us in this House and elsewhere have long believed that the Government’s claims that the Prime Minister’s deal will produce unfettered trade are, quite frankly, delusional. Now that the Government have recognised that, instead of planning to breach our international obligations, would they not do better to look at constructive alternatives? For instance, what consideration has been given to the sensible proposals put forward by the noble Lord, Lord Empey, and his parliamentary colleagues, which might just get the Government off the hook?
Lord True (Con)
My Lords, I remind the noble Lord that the principle of unfettered access, and its legislative underpinning, was one of the key components of the re-formation of the Northern Ireland Executive. The UK Government are seeking to fulfil an obligation, and I regret very much that your Lordships, including the noble Lord, voted against it.
Lord Purvis of Tweed (LD)
My Lords, the sheer scale of the burden on businesses created by the wholly inadequate preparations for the wider border procedures by the Government was laid bare by the National Audit Office report on Friday. Regarding Northern Ireland, food and drink producers still do not yet know whether goods going to Northern Ireland will have to have EU labels, UK labels or both. Can the Minister be clear, with six weeks to go, what labels will food and drinks going to Northern Ireland from GB have to have, UK or EU? What contingency procedures are in place if the Government cannot be clear to businesses?
Lord True (Con)
My Lords, I will write to the noble Lord on his very specific point about labelling. Of course, I acknowledge that there are ongoing discussions in the joint committee, and that that is an issue. But the Government have a range of measures, already taken and in hand, which we have discussed with business, to facilitate GB-NI movement.
Lord Howell of Guildford (Con) [V]
My Lords, but is not unfettered trade access what we want, what we have always wanted all along and what the withdrawal agreement guarantees, both for trade between Great Britain and Northern Ireland—with a few minor checks—and of course trade between Northern Ireland and the Irish Republic? We are committed to all these things. Does my noble friend agree that, if President-elect Biden seeks reassurance against the destabilisation of the Northern Ireland peace process—reassurance that we all want—it is the European Union authorities and negotiators in Brussels who are his best port of call and whom he should be ringing?
Lord True (Con)
My Lords, I will not follow the noble Lord into international diplomacy. What I will say is what I said with some force to the House on Monday: this Government are absolutely dedicated to the Belfast/Good Friday agreement. That agreement has east-west as well as north-south aspects, and the rejection of the unfettered access commitment by your Lordships’ House was deeply unhelpful.
Lord Kerr of Kinlochard (CB) [V]
My Lords, to go back to the Question that the noble Baroness asked, I am sure the whole House understands the concerns about supply to retailers in Northern Ireland, well expressed in the joint letter from the First Minister and the Deputy First Minister. However, the NAO report last Friday shows where the problem lies, when it confirms that the new border control posts we are constructing at Larne, Warrenpoint and Belfast will not be ready. What interim plans have the Government in mind to ensure that supply to retailers in Northern Ireland continues unaffected?
Lord True (Con)
My Lords, I gave an assurance on supermarkets and food supplies in an earlier answer. The Government are constantly, on a daily basis, monitoring and considering the maintenance of all links between Great Britain and Northern Ireland, and have every confidence that they will be secure.
Lord Monks (Lab) [V]
We have long known that Brexit, plus a failure to negotiate a comprehensive free trade agreement, would lead either to new and more border arrangements in Ireland, and so to a likely breach of the Good Friday agreement, or, alternatively, to new barriers and obstacles down the Irish Sea, so threatening the integrity of the UK. At the general election, the Prime Minister assured us that neither of these unattractive options would be necessary, but does the Minister accept that, unless the Government find a third way, they will have failed their own tests and failed the country? What is this elusive third way?
Lord True (Con)
My Lords, there is one way: support for the Belfast/Good Friday agreement. I trust very much that when the unfettered access provisions come back to this House, the Labour Party will support them.
Lord Wallace of Saltaire (LD) [V]
My Lords, we are all aware of the extensive movement of animals across the internal Irish border and across the Irish Sea, and the extensive movement also of milk and milk products. If there is to be unfettered access across the Irish Sea, do the Government envisage that there will have to be checks at what will now become the EU’s external border? What progress, in that case, has been made towards recruiting the vets and inspectors needed to enforce the checks required there?
Lord True (Con)
My Lords, work is under way, as noble Lords have raised before, in seeking to recruit vets and, in other areas of this policy, customs agents. That work is ongoing. We are hopeful that we will achieve the desired end.
Lord Dodds of Duncairn (DUP)
My Lords, earlier this week, the First Minister and Deputy First Minister of Northern Ireland jointly wrote to the EU, imploring it to act sensibly and pragmatically to prevent any threat of disruption to food supplies to Northern Ireland. This is about defining goods at risk. We are in the ridiculous situation that the EU, unless it comes to a sensible arrangement, will ensure that all goods coming into Northern Ireland are goods at risk. Tins of beans on a Tesco lorry destined for Belfast, Portadown or Banbridge will be deemed at risk of being smuggled over the border by the supermarket at Dundalk. How ridiculous. If the EU does not see sense, will the Minister undertake that the necessary fallback, safety-net provisions will be there to safeguard Northern Ireland consumers—nationalist and unionist—as the First Minister and Deputy First Minister have said?
Lord True (Con)
My Lords, as I said earlier, the Government certainly take extremely seriously the need to ensure the security of this trade. I agree with the noble Lord that the protocol obliges both the UK and the EU to seek to streamline trade between GB and Northern Ireland.
Lord Lilley (Con)
Will my noble friend gently remind the European Union that any obstacles to trade between Northern Ireland and Great Britain would be contrary both to Article 6 of the withdrawal agreement and to the Act of Union, which is a fundamental part of our legal order which the European Union has pledged to uphold? I hope and expect that the EU will agree arrangements to prevent such obstacles, because to refuse such agreement would constitute bad faith, justifying the activation of those parts of the internal market Bill that I hope the other House will reinstall and this House will duly accept.
Lord True (Con)
My Lords, I very much agree with what my noble friend said. I underline his last remarks: it is astonishing that Keir Starmer required the Labour Party in this House to vote against a legitimate legal commitment to unfettered access.
Home Secretary: Allegations of Bullying
Lord True Excerpts(3 years, 5 months ago)
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Lord Tyler
To ask Her Majesty’s Government when they expect to publish the report of their investigation into allegations of bullying of officials by the Home Secretary.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, the Government take complaints relating to the Ministerial Code seriously. The Prime Minister asked the Cabinet Office to establish the facts in line with the code. To protect the interests of all involved, the Government do not comment on the specifics of this kind of ongoing process. The Prime Minister will make any decision on the matter public once the process has concluded.
Lord Tyler (LD) [V]
My Lords, justice delayed is justice denied. Surely for civil servants in the Home Office, past and present, this long delay of eight months is intolerable. In accord with natural justice, can the Minister now confirm that no one with a personal or political interest will have had any involvement whatever in the independent investigation into the behaviour of the Home Secretary, the report or the timing of its publication, and that that will clearly rule out any involvement by the Prime Minister?
Lord True (Con)
My Lords, I can certainly confirm that the process is independent, but I can only repeat that, to protect the interests of all involved, the Government do not comment on the specifics of this kind of ongoing process. I repeat that the Prime Minister will make any decision on the matter public once the process has concluded.
Lord Young of Cookham (Con)
My Lords, the last inquiry into the conduct of a Cabinet Minister in 2017 took one month. This has taken eight months so far, although at the beginning, Michael Gove said:
“It is vital that this investigation is concluded as quickly as possible.”
Does my noble friend agree that it is fair to neither the complainers nor the Home Secretary for this matter to last so long? Can he also confirm that the separate case being brought against the Home Office by Sir Philip Rutnam for constructive dismissal is not responsible for this delay as that case is not to be heard until September of next year?
Lord True (Con)
My Lords, I am sorry to disappoint my noble friend so far as the timing is concerned. However, it is not possible to comment on an ongoing process. What I can say in relation to the other matter he has raised is that he will know that they are separate legal proceedings and that, unfortunately, I cannot comment on ongoing legal proceedings either.
Lord Stirrup (CB)
My Lords, given the difference in their respective roles, it is not at all unusual for tensions to arise from time to time between Ministers and officials. Indeed, this is healthy if kept within reasonable bounds. Can the Minister assure the House that, whatever the outcome of the current case, the Government will foster between Ministers and officials a culture of robust debate carried out with courtesy and respect on both sides? Does he agree that such a culture is not advanced by the airing of differences in the media?
Lord True (Con)
My Lords, I agree with much of what the noble and gallant Lord has said, in particular that all civil servants must feel free to give independent and open advice, and that Ministers should respect all those who give such advice.
Baroness Quin (Lab) [V]
My Lords, is it not the case that the Prime Minister has undermined this process by declaring his full confidence in the Home Secretary from the outset? Is it also not the case that the Prime Minister has form, as we saw with the Russia report, with delaying politically inconvenient reports? How can this process be independent if the Prime Minister is the final arbiter?
Lord True (Con)
The process is independent. The Prime Minister asked the Cabinet Office to establish the facts, in line with the Ministerial Code, and the Independent Adviser on Ministers’ Interests, Sir Alex Allan, has a role through providing further independent advice to the Prime Minister. So far as the process is concerned, I regret that I must repeat that I cannot comment on that while it is continuing.
Lord Wallace of Saltaire (LD) [V]
My Lords, the noble Lord, Lord Young, in response to a previous answer from the Minister, said that the code is an honour code, implying that it is up to the Minister concerned to take responsibility and to resign in the case of a serious breach. Last month, the Cabinet Secretary said to a Commons committee that the Prime Minister is the ultimate arbiter. That seems deeply inappropriate in the current conditions. Does the Minister not think that there is merit in the First Division Association proposal that an independent arbiter, with status outside government, should be the final arbiter in these cases?
Lord True (Con)
My Lords, I stated just now that there is an Independent Adviser on Ministers’ Interests, and that is Sir Alex Allan, who has a role. I have also studied the Cabinet Secretary’s evidence to PACAC on 22 October. He said what I have said, which is that, in the interests of all those involved in the process,
“We are not giving a running commentary on the process.”
That is a quotation from the Cabinet Secretary and I agree with him.
Baroness Hayter of Kentish Town (Lab)
The Minister keeps saying that this is an ongoing process. The review was completed eight months ago. I do not know whether the Prime Minister is a very slow reader or whether, as Laura Kuenssberg has said, this has simply been parked. If it is the latter, can we take it out of the underground garage, please?
Lord True (Con)
My Lords, I have nothing further to add to the replies I gave earlier about the ongoing process.
Lord Flight (Con) [V]
What sort of behaviour is sufficiently aggressive to be described by the Government as bullying?
Lord True (Con)
My Lords, the Government take bullying very seriously. In 2018, the Civil Service undertook a review of the arrangements for tackling harassment and misconduct within the service. The Ministerial Code is clear that
“harassing, bullying or other inappropriate or discriminating behaviour is not consistent with the Ministerial Code and will not be tolerated.”
That is the position of the Government.
Lord Browne of Ladyton (Lab) [V]
My Lords, no wonder trust in the Government is plummeting. In 2019, the Prime Minister updated the Ministerial Code and in the foreword he wrote:
“There must be no bullying and no harassment. The precious principles of public life enshrined in this document—integrity, objectivity, accountability, transparency, honesty and leadership in the public interest—must be honoured at all times.”
There are no qualifications; there should be transparency at all times. Those are his own words. Can the Minister explain in this case how those precious principles can be honoured in the absence of the publication of this report?
Lord True (Con)
My Lords, I refer again to what the Cabinet Secretary said about the process. On bullying, I underline again what I said earlier. The Civil Service helps those who wish to make complaints. In 2019, we ran a cross-departmental “speak up” campaign to encourage individuals to come forward and report poor behaviours. A further campaign is proposed for this year.
Lord Campbell of Pittenweem (LD)
My Lords, is not the irresistible inference both from the delay and from the answers that the Minister has given that the Government have something to hide? What is it?
Lord Mackenzie of Framwellgate (Non-Afl) [V]
My Lords, one of the main deterrents to reporting workplace bullying is the fear of retribution by the perpetrator. One way of facilitating the reporting of such incidents is through an independent hotline outwith the normal line management structure of the organisation. Having just attended the excellent parliamentary webinar course on Valuing Everyone, in which an independent hotline is paramount, can the Minister say whether the great departments of state provide such independent whistleblowing hotlines?
Lord True (Con)
My Lords, the noble Lord has made an important point. As I have indicated to the House, full assistance is provided to those who make complaints. There is also a facility to make complaints without the disclosure of names. I agree with what the noble Lord has about the Valuing Everyone training, and I confirm to the House that all Cabinet Ministers, including the Prime Minister, have either taken Parliament’s important Valuing Everyone training or have made arrangements to do so.
The Lord Speaker (Lord Fowler)
My Lords, the time allowed for this Question has elapsed and we have dealt with all the supplementary questions.
Civil Servants: Public Procurement
Lord True Excerpts(3 years, 5 months ago)
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Baroness Browning
To ask Her Majesty’s Government what plans they have to ensure that civil servants engaged in public procurement declare any conflict of interest in an accessible public register.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, there are currently no plans for an accessible public register centralising conflict of interest declarations of civil servants engaged in public procurement. Government departments are required to take appropriate measures to prevent, identify and remedy conflicts of interest in procurement procedures. This includes identifying and addressing situations where civil servants have financial or other interests that might be perceived to compromise their impartiality and independence in the procurement process.
Baroness Browning (Con) [V]
My noble friend will no doubt be aware of the concerns expressed by the National Audit Office about the lack of transparency in the recent procurement of Covid-19 contracts. I hope that he will agree that good governance means good transparency. While I hear what he has said about the current situation, I hope that he shares my concern that public confidence both in the Government and the way government works would benefit more if a register that was openly available to the public was made a matter of urgency.
Lord True (Con)
My Lords, of course I have listened to what my noble friend said. Like her, I have spent a lifetime in public service in different guises and I attach the highest importance to probity in every place and at every level. As she says, the NAO is undertaking an investigation to examine government procurement during the pandemic covering the period up to July 2020. The report is expected to be published in December.
Lord Clark of Windermere (Lab) [V]
What a disappointing reply from the Minister. Does he not realise the deep concerns over the relationship between HMG and various companies in recent months? Have any formal reservations or qualifications been lodged under their code of conduct by senior civil servants on Ministers’ proposals? Whatever, will he confirm that eventually, there will be an inquiry into these activities?
Lord True (Con)
My Lords, I have already referred to the ongoing NAO investigation. So far as the Civil Service Code is concerned, Section 4.1.3c is absolutely specific that
“civil servants must not misuse their official position or information acquired in the course of their official duties to further their private interests or those of others … Where a conflict of interest arises, civil servants must declare their interest to senior management.”
Every civil servant will be expected to abide by that.
Lord Scriven (LD)
My Lords, the Good Law Project has today published official government procurement documents which show that VIPs and Cabinet Office contacts have been awarded lucrative contracts for PPE above normal market rates and outside the usual procurement processes. As a matter of transparency, will the Minister set out what the total value of the contracts awarded in this way is and which companies that have links with Conservative Ministers, MPs or Peers were awarded business via this route?
Lord True (Con)
My Lords, the Government’s policy is to adopt and encourage greater transparency in commercial activity. Central government buyers must publish all tender documents and contracts with a contract value of over £10,000 on the Contracts Finder site. I am not commenting on press allegations. The Government are certain that the proper procedures have been and are being followed.
Baroness McIntosh of Pickering (Con) [V]
My Lords, in the absence of a register, can my noble friend explain who checks that appropriate measures have been taken, in particular if it is a close friend or family member who may have benefited from such a contract? Also, what is the sanction if a breach is found to have occurred?
Lord True (Con)
My Lords, any breach of the Civil Service Code will be dealt with by the appropriate procedures within the Civil Service. Every department is expected to develop and set up its approach under the central framework. Each department is responsible for defining the standards of conduct it requires and for ensuring that those are carried out. Internal guidance and procedures must be followed in all cases.
Viscount Waverley (CB) [V]
My Lords, the Minister has clarified some concerns. However, a response to my Question for Written Answer some time back stated, “It is a matter for each council to put in place whatever arrangement it considers appropriate for the recording and disclosure of officers’ interests.” I was surprised by that and I find it odd that there is no national standard. I will ask again whether the Government intend to instruct local authorities to maintain a public register of the disclosable pecuniary interests of officers to whom delegated authority has been granted by elected members to ensure that local government officials maintain transparency and compliance with the Nolan principles?
Lord True (Con)
My Lords, the noble Viscount is referring to local government, but I shall repeat what I said at the start. I believe that we need probity at every level of the public service. He has raised an interesting point about necessity. The current position is obviously that normally, departments require staff to complete a declaration of interest form prior to working on any new procurement and to provide details of any new interest which arises during the course of a procurement. Departments should have appropriate safeguards in place to ensure conflicts are properly managed throughout the procurement. That is good practice and ought to be followed.
Baroness Smith of Basildon (Lab) [V]
My Lords, I have listened to the answers given by the noble Lord, Lord True, but I am not sure that he has really understood the depth of concern about this matter. There are two issues. One is that these contracts on Covid-19 for test and trace and PPE were vital to public safety and remain so, and the second is that millions and millions of pounds are involved. The noble Lord says that he is not going to refer to press speculation following the investigation by the Good Law Project, but I would say that it is a little more serious than that. I think he has to be clear that we need complete and total transparency on all of these contracts from the National Audit Office report, which we will see. Is there not a case for a public inquiry or a Select Committee inquiry on this issue as well?
Lord True (Con)
My Lords, one of the delights of the United Kingdom is that the Government are not responsible for the actions of the Select Committees of either House of Parliament. So far as the NAO is concerned, I have already reminded the House that an inquiry is in progress.
Lord Tyler (LD) [V]
My Lords, in the light of the report from the Good Law Project on procurement referred to by my noble friend Lord Scriven and the noble Baroness just now, can the Minister confirm that there is comparable transparency where the personal and political interests of Ministers and special advisers are in question? I cite the specific example of the £276 million PPE contracts, to which I have drawn Ministers’ attention.
Lord True (Con)
My Lords, Ministers are bound by the Ministerial Code and civil servants are bound by the Civil Service Management Code, from which I have quoted. Special advisers are also required to conduct themselves in accordance with the code of conduct for special advisers and the Civil Service Code.
Lord Wigley (PC) [V]
My Lords, the Minister accepts that the public procurement system has to be whiter than white, I am sure, but does he accept that the registration of interests is as much to protect public servants as it is to protect the wider public interest in the objective and open placement of any public contracts?
Lord True (Con)
My Lords, these issues are important; in my initial reply, I tried to convey the importance that I attach to probity. I recognise the role of transparency therein. I have told the House about the current good practice inside government. I personally believe that it is efficacious but obviously I listen to everything said by noble Lords.
Lord Singh of Wimbledon (CB) [V]
Every day, the House starts its proceedings with Prayers, reminding us to set aside factional interests and private prejudices in the work we do, yet, with some notable exceptions, we frequently make appointments to the House as rewards for political loyalty or cash donations. Does the Minister agree that our concern about conflict of interest and civil servants would carry greater weight if we were true to the biblical injunction of looking to the defect in our own vision before criticising the lesser defect in our brothers?
Lord True (Con)
My Lords, as I said in my first Answer, humility, respect for proper conduct and ethics are the best guide for any person at any level or in any place in public service. To that extent, I agree with the noble Lord.
The Lord Speaker (Lord Fowler)
My Lords, the time allowed for this Question has elapsed. We now come to the fourth Question.