EU Referendum (Privy Council)

Debate between Lord Watson of Wyre Forest and Lord Grayling

Monday 14th March 2016 Commons Chamber

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

(Urgent Question): I seek not to embarrass you in any way, Mr Speaker, but to ask the Lord President of the Council if he will make a statement on the adherence to the rules and conventions of the Privy Council in the light of the suspension of collective responsibility in connection with the European Union referendum.

[The Lord President of the Council (Chris Grayling)]

The Privy Council provides support to Her Majesty in the implementation of the functions of the Crown. The members of the Council also have access to confidential national information and documentation related to national security, and receive briefings about secrets related to these matters. They swear an oath to maintain the confidentiality of these briefings. None of that has changed because of the current circumstances.

[Mr Watson]

Last Wednesday, The Sun published a front-page story relating to the EU referendum, which it said was based on two “impeccably placed” sources. The right hon. Gentleman will know that every member of the Privy Council swears a solemn and binding oath to the Queen that they will, in the words of the oath,

“keep secret all Matters committed and revealed unto you”.

My hon. Friend the Member for Rhondda (Chris Bryant) has written to the right hon. Gentleman asking for an investigation. Will he please confirm that that will take place? Will he also confirm that the Privy Council rules have not been suspended as a result of the referendum? Three members have categorically denied that they are the source, yet the Justice Secretary has only said:

“I don’t know how The Sun got all its information”.

That is hardly categorical.

The sovereign’s constitutional impartiality is an established principle of our democracy, and it is incumbent on those in political office to ensure that that remains the case. Such a breach would be particularly serious and significant. Had the Justice Secretary disclosed this information, he would have breached the principle of confidentiality and prayed in aid the monarch in a politically controversial manner, but he would also have undermined his role as the Minister responsible for upholding the rule of law. Does the Lord President of the Council and Leader of the House therefore agree that the public have a right to know whether the Justice Secretary was a source of this story, and will he now urge his colleague to confirm or deny such allegations?

There has been a referral to the Independent Press Standards Organisation to investigate a complaint about the story, but IPSO cannot investigate whether a Privy Counsellor has broken his oath. Only the Minister or the Prime Minister can order that investigation. A cover-up will not do. Surely any member of the Privy Council who was a source of this story, or whose special adviser or ally was, stands in contempt of his Privy Council oath, and should be removed from office if he will not honourably resign himself.

[Chris Grayling]

As the hon. Gentleman said, last week a national newspaper published a story that was allegedly based on a conversation that had taken place at a lunch following a Privy Council meeting. However, my predecessor as Lord President, the right hon. Member for Sheffield, Hallam (Mr Clegg), has said very clearly that the story is categorically untrue. As the House is aware, Buckingham Palace has referred the matter to IPSO, the new press complaints body, which is now investigating. Given all those facts, I do not believe that there is any need for further action here.