EU Referendum: Civil Service Guidance

Lord Watson of Wyre Forest Excerpts

Monday 29th February 2016 Commons Chamber

[Matthew Hancock]

Let me answer those points in turn. First, the Government are functioning perfectly well—in fact, I came to this House from a meeting with the Minister for Employment, my right hon. Friend the Member for Witham (Priti Patel), on childcare policy, and it was carried out in an entirely normal way. On Friday I visited a prison with the Justice Secretary, and those two points demonstrate that things are functioning as normal.

The civil service code, and the Constitutional Reform and Governance Act 2010, makes it clear that it is the duty of civil servants to support the position of the Government of the day, and it is only because the Prime Minister is allowing Ministers to remain in government while disagreeing with a single policy—the in/out position—that this situation arises at all. The letter from the Cabinet Secretary makes it clear that factual briefing is allowed.

Finally, the 1975 guidance made it clear that no briefing or draft speeches contrary to Government consideration were allowed to be drafted by civil servants. In fact, it went further because it said that if someone wanted to oppose the Government position, they had to inform No. 10 of any invitations to appear on the radio or TV. We have not put that provision in place. On all these things, the clarity in the guidance from the Cabinet Secretary that was published on Monday last week shows the rules, and those rules are consistent with the civil service code and, indeed, the law.

[Mr Tom Watson (West Bromwich East) (Lab)]

I fear that the Minister is having a Jim Hacker moment. In 114 days, the country faces an important decision. The referendum will dictate how in future the UK handles exports and imports, the world of work, the new contours of the digital age, human rights, intelligence sharing, the fight against crime, and how we adapt to climate change, and here we are today discussing guidelines for civil servants and special advisers.

Sadly, I am not in the strongest of positions to lecture the poor Minister on handling splits in his party, but in the way that Opposition Front Benchers are almost duty bound to do, I would like to give him some advice. The Justice Secretary has a history of letting his special advisers off the leash. Does the Minister really think that a memorandum from a mandarin will change that?

When we have a Prime Minister who allows his spin doctors to brief that the Justice Secretary will be sacked after the referendum, or that his chum the Mayor of London has breached the old school code and that the Prime Minister is “hurt and upset”, I understand how the Minister would have been overcome with a wave of ennui at the prospect of answering an urgent question from the Chair of the Public Administration and Constitutional Affairs Committee about the conduct of special advisers. However, answer for their conduct he must, and I wish to ask him how many special advisers have informed No. 10 of their intention to work on the no campaign. In the event of ministerial visits where a Minister and their special adviser campaign for a no vote after the event, will the cost of travel be carried by the Minister? How will that be monitored and made public? The guidelines state that special advisers are not allowed to campaign for a no vote in office hours. For the avoidance of doubt, please define “office hours”.

When the inevitable happens and special advisers to those Ministers who are defying their leader completely ignore the memorandum from the Cabinet Secretary, on a scale of one to 10 how confident is the Minister that the Prime Minister will enforce the code? Does the Minister have the confidence to admit that these attempts to dilute the freedom of rebellious Ministers will only detract from the key issues that matter to voters in the referendum? It seems that the out campaign is attacking the referee, not the captain of the opposing side, yet the Prime Minister has a simple choice: either he gives his Ministers free rein to run their Departments, or he sacks them. It cannot be fudged for the next 114 days.

[Matthew Hancock]

Unfortunately, I have had to scrap most of my proposed reply to the hon. Gentleman, given his gracious acknowledgement that he is not best placed to throw rocks on this particular subject. I will, however, agree with him on this: questions on this matter are a distraction from the main event and the main substance, which is whether Britain is better off inside or outside a reformed European Union. I strongly believe that, thanks to the deal the Prime Minister achieved, we are better off and more secure inside a reformed European Union.

The hon. Gentleman asked some specific questions. First, on the efficacy of the guidance, the guidance is for civil servants to follow. Civil servants do follow guidance of that sort and I have every confidence that they will do so. On what constitutes office hours, I will merely say that office hours means the normal working day. I hope that clears that one up. On the broader question of whether this is necessary, and his point that Ministers need both to run their Departments and be able to differ on this one question, this is why the guidance is very specifically and solely about the in/out question, not other EU business or other business. After all, we have Departments to run.