Ministerial Statements

Debate between Lord Young of Cookham and Paul Beresford

Monday 5th December 2011 Commons Chamber

[Sir George Young]

My hon. Friend is absolutely correct and I believe that I touched on that a moment or two ago.

The motion would create new, enforceable rules of the House, and that is a novel step. In 1995, the House passed a resolution setting out the principles that should govern the conduct of Ministers of the Crown in relation to Parliament. The resolution referred to broad principles of accountability, and the duty not to mislead Parliament and to be as open as possible. It made no mention whatsoever of a duty to make statements in the House first.

I shall now deal briefly with the process outlined in the motion, which my hon. Friends did not touch on. The first step in any case where a Member believes the standards had been breached—

[Sir Paul Beresford]

Will my right hon. Friend give way?

[Sir George Young]

If I may, I will make some progress and then give way.

The first step in those circumstances would be to refer the matter to Mr Speaker. The relevant recommendation of the Procedure Committee says the following about what happens next:

“If he determined that the complaint was without basis or trivial, it would be open to him to dismiss it.”

The motion makes no mention of that. Where a minor breach has occurred, the motion, like the recommendation, refers to Mr Speaker taking steps. But Mr Speaker already has the power to summon Ministers to the House to answer urgent questions—a power used more extensively by this Speaker than by any of his predecessors. One should not underestimate the value of that tool. The former shadow Leader of the House, the right hon. Member for Leeds Central (Hilary Benn), told the Procedure Committee that Ministers take urgent questions very seriously indeed.

A range of other options are already available to the House to hold Ministers to account and can be used as sanctions. Ministers can be cross-examined by departmental Committees, they can be called to account through debate in the House—more so than ever before as a result of the Backbench Business Committee—and there can be a debate, in extreme circumstances, on a motion of censure. Indeed, I recall answering a debate in which it was proposed that my salary as a Minister should be reduced—a motion that, in its wisdom, the House did not carry.

In those circumstances, we oppose the suggestion that it would be a useful addition to give Mr Speaker the power to refer a more serious or complex breach to the Committee on Standards and Privileges. That proposal was made by the Procedure Committee, although I note that the Committee has not published any written or oral evidence to show the views of the Standards and Privileges Committee on the proposal, a point made by my hon. Friend the Member for Mole Valley (Sir Paul Beresford). Given that there is no proposal to change the terms of reference of that Committee, I assume that a referral would be treated as a matter of conduct. The code of conduct, which applies to all Members, contains no reference to the conduct of Ministers. Indeed, this subject was not raised in the recent consultation on the code. Out of the blue, the motion seeks unilaterally to change the principles behind the code before the House has even had an opportunity to review them.

As a former Chairman of the Standards and Privileges Committee, I think that those proposals could conflict with the fundamental role of that Committee, which is to regulate the conduct of individual hon. Members. It is not the function of the Standards and Privileges Committee to enforce the ministerial code and there is a real risk of double jeopardy if two institutions—the Prime Minister and the Standards and Privileges Committee—police the same code.

My right hon. Friend the Member for East Yorkshire, who chairs the Procedure Committee, said that the Government preferred the status quo. That is not quite the case. We proposed a number of reforms to his Committee. First, we suggested that there should be time limits on certain oral statements, so more could be made. That was rejected. Secondly, together with the then Shadow Leader of the House, I expressed an open mind on the proposition that oral statements could be made in Westminster Hall, but the Procedure Committee made no recommendation on that. Thirdly, I proposed that the earliest time for the release of written ministerial statements should be brought forward from 9.30 am to 7 am, which could be coupled with arrangements that the House already has to ensure the prompt availability of such statements on the parliamentary website. The Procedure Committee rejected that suggestion.

The Government are keen to pursue proposals that enable the House and its Members to be informed first of the most important announcements of Government policy in helpful and innovative ways. In the light of recent events, I will remind all Cabinet colleagues of the terms of the code and the strong views of the House in the debate this evening. However, the proposal before us does not take matters forward constructively. It seeks unrealistically to change the standards expected of Ministers and then seeks to subject them to additional policing that muddies the waters surrounding the role of the Standards and Privileges Committee. For those reasons, I urge the House to reject the motion.