(8 months, 4 weeks ago)
Commons ChamberAt this juncture of the evening, at the risk of making myself even more unpopular with colleagues, I intend to speak briefly to the motion. I was prepared to allow the Minister at least five minutes for an exposition of why we are in this situation and to happily take the remaining 85, but I might be more charitable for the sake of colleagues.
The motion as it appears on the Order Paper is seemingly innocuous, but behind it there is a short story to be told—one that very few are aware of. The saga, if I may call it that, of the appointment of a new Parliamentary and Health Service Ombudsman for England began in the summer of last year. An appointments panel was assembled, of which I was a member. The second permanent secretary at the Department of Health and Social Care, an independent member and the former president of the International Ombudsman Institute were also members, and the panel was ably chaired by Philippa Helme, late of this parish—as many of us will remember, she was a senior Clerk. We went about our business diligently, sifting through an initial 52 applications for the role, longlisting and shortlisting. We then took on a day’s interviewing during which we interviewed four candidates. We judged three of them to be appointable, and put forward a recommended name to the Prime Minister.
I am sure we are all aware, but I shall repeat it to refresh our memory, that “The Cabinet Manual” makes it very clear in paragraph 5.40 that
“The Parliamentary Commissioner for Administration, known as the Parliamentary Ombudsman, is an officer of the House of Commons appointed by the Crown and is independent of the Government. In recognition of the Ombudsman’s relationship with Parliament, the House now leads on the recruitment to the role.”
Unfortunately, the name put forward—I am not going to say that person’s name, so as to protect their privacy at this juncture—has seemingly been declined by No. 10. Given that No. 10 was notified of the name in January and it is now March, some time has elapsed, during which it would surely have been possible to confer that seal of approval.
Clearly, things are now more topical, given last week’s report from the ombudsman on the women’s stage pension age. Maybe that has sharpened the focus, but in winding up the debate—if we can call it that—might my very able hon. Friend the Minister for the constitution, in whose hands the constitution of this country is always safe and sound, be able to elaborate on what has happened? Why is there the need to appoint a temporary ombudsman? I have absolutely no problem at all with Rebecca Hilsenrath, who is the chief executive of the organisation; I am sure she will do a splendid job. None the less, it is somewhat irregular that after a recruitment process lasting several months in which proper procedures have been followed, it seems that No. 10 is not prepared to recognise the recommended name from the recruitment panel. Could my hon. Friend explain?
At the outset, I would like to pay tribute to the outgoing ombudsman, Rob Behrens CBE, who steps down at the end of this month after serving the statutory maximum term of seven years. I would like to thank him for the great work he has done to transform the PHSO. For example, he has improved complaint handling, established an independent expert advisory panel to inform decision making, and set up Europe’s first ombudsman academy to build capability. He has also introduced new ways of working, including mediation in casework. On this House’s behalf, I praise Rob for his achievements and wish him all the very best for the future.
The campaign to recruit a new ombudsman commenced at the beginning of October 2023. The House-appointed recruitment panel made a recommendation to the Prime Minister in January, as my hon. Friend the Member for Hazel Grove (Mr Wragg) said a few moments ago. This is an important and high-profile role, so it is very important that the process takes as long as is necessary to appoint the right person. Until then, and to ensure continuity for the PHSO, it is necessary to appoint an acting commissioner. Mr Behrens had reached the end of the statutory maximum term of seven years, so it is necessary for us to have an acting commissioner before a final appointment is made.
The Government very much support Rebecca Hilsenrath’s appointment to this role, as we believe she has the ability and experience to lead the PHSO until a new ombudsman is appointed. She joined the PHSO as director of external affairs, strategy and communications in 2021, and she was appointed its chief executive officer in July 2023.
That will be a matter for the Prime Minister. As my hon. Friend will have heard me say a few moments ago, it is very important that this process is followed thoroughly and diligently to make sure that the correct appointment is made.
(1 year, 6 months ago)
Commons ChamberI call the Chairman of the Select Committee on Public Administration and Constitutional Affairs.
The problem is that if Government business is conducted by means of WhatsApp, public inquiries will express an interest in reading what was transacted. My right hon. Friend is well aware of what a statutory public inquiry is and how that is established under the Inquiries Act 2005. Indeed, he referenced section 21 of that Act, which makes it clear that it is for the inquiry chair to decide what is required. When he says that the question is about material that might be “unambiguously” irrelevant, surely it is for the chair to determine that. It was spurious nonsense to hear some Ministers witter on about personal information about their children being disclosed—that is not the case. Nor is it my understanding that any of this material will be subject to a freedom of information request. May I ask my right hon. Friend why, sadly, the Government have chosen this course of action?
I thank my hon. Friend, but in my recollection the Act refers to related material. However, we will not dwell on that as it is a matter for the courts.
I have some sympathy with my hon. Friend regarding WhatsApp messages. Such messages should not be used for taking policy decisions; those decisions should be taken formally and through the proper course. Any WhatsApp information presented will cover all manner of things between individuals and may well include illness, family or other personal issues. That is simply a statement of fact.
I think it is absolutely vital that we have guidance on this technical point. When other inquiries reported, we were perhaps in an era before a whole range of means of communication, including WhatsApp. I would point out to my hon. Friend that while WhatsApp has got the attention, the technical point of law applies to all manner of communications, not simply WhatsApp, about what is unambiguously irrelevant or what is relevant, and the process will determine that.
(1 year, 7 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I call the Chair of the Select Committee.
It surely cannot be beyond the wit of man, notwithstanding the constitutional differences between Members of Parliament and members of the Government, that some form of co-operation might not be devised by talking to one another. Might I make the suggestion to my hon. Friend, who is one of the ablest Ministers in the Cabinet Office, that he would be just the person to reach out in such circumstances, so that some degree of co-operation and co-ordination on this issue might be found?
My hon. Friend is an assiduous student of the constitution, the workings of this place and the Cabinet Office, and he will know that, while it is very important that we have separate lists, it is also within the remit of anybody who wishes to pick up those two separate reports—the list and the register—to compare them and to draw their conclusions, as necessary.
(1 year, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I call the Chair of the Public Administration and Constitutional Affairs Committee.
May I say how heartened I am to see the Chamber so well-attended for a Cabinet Office urgent question on matters of constitutional propriety? It has not always been like that in here.
On a personal note, may I say that I consider this appointment to be somewhat ill-judged? I think that those who are of reasonable mind on all sides of this argument would accept that. Does my right hon. Friend share my confidence in our noble Friend Lord Pickles and his Committee, the Advisory Committee on Business Appointments, to discharge their functions correctly? I wonder also whether he has any more thoughts about making ACOBA rulings underpinned in statute. Finally, given the individual at the heart of this, it is important to ask whether he shares my concern that it is wrong to impugn an entire civil service for political bias, and that it is important that he asserts that from the Dispatch Box?
On my hon. Friend’s most important point, I absolutely back him up on the standards of the civil service. We are lucky and fortunate to have good people working throughout the civil service. I know that a large number of them will be very concerned by these events, because they know the critical importance of the bond of trust between a Minister and their most senior advisors. I totally respect the work of ACOBA and all members of the committee. I know that they will consider their processes, that they will go through this thoroughly, and that, in due course, the Prime Minister will receive their advice.
On my hon. Friend’s wider point, clearly, the Government have received recommendations from his own Committee, PACAC, from Sir Nigel Boardman, and from the Committee on Standards in Public Life. The process of coming up with a Government response is well advanced, and I expect to share that with the House in due course.
(2 years, 3 months ago)
Commons ChamberIf I was asked by primary school children, “Did you ever meet Her late Majesty the Queen?”, I would sadly have to say no—there has been no practising of bows and curtsies as my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) described. Perhaps I have finally learned this afternoon the attraction of being a Government Whip: not only does it seem to increase the likelihood of being called early in a debate such as this, but they certainly got to spend a great deal of time with Her late Majesty.
Bagehot described our easily understood constitution as the distinction between the dignified and the efficient. Supposedly, the efficient is the Government, but I will let new Ministers discover that in due course. The dignified is the monarch, of whom there can be no greater embodiment than Her late Majesty.
Much has been said of anecdotes, but I will briefly quote from Her Majesty’s Christmas broadcast in 1974, because what she said then more or less sums up where we are today. She said:
“Here in Britain…we hear a great deal about our troubles, about discord and dissension and about the uncertainty of our future. Perhaps we make too much of what is wrong and too little of what is right. The trouble with gloom is that it feeds upon itself and depression causes more depression. There are indeed real dangers and there are real fears and we will never overcome them if we turn against each other with angry accusations. We may hold different points of view but it is in times of stress and difficulty that we most need to remember that we have much more in common than there is dividing us.”
May Her late Majesty rest in peace. May God console her family in their time of grief. May God save the King.
(2 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
We now come to the Chair of the Public Administration and Constitutional Affairs Committee, William Wragg.
Thank you, Mr Speaker. My right hon. and learned Friend mentions the sophisticated and robust systems for upholding standards in public life, but those systems are, on the whole, irrelevant if the participants have no regard to them. The Government and, I suggest, my right hon. and hon. Friends sat on the Front Bench—I notice there is a preponderance of Government Whips there, rather than other Ministers—should consider what they are being asked to say in public, which changes seemingly by the hour. I ask them to consider the common sense of decency that I know the vast majority of them have, and to ask themselves if they can any longer tolerate being part of a Government who, for better or worse, are widely regarded as having lost their sense of direction. It is for them to consider their position. This is not a question of systems; it is a question of political judgment, and that political judgment cannot be delegated.
My hon. Friend is quite wrong. The Government know their direction, and that is to serve the British people by dealing with the issues that matter to them, including the cost of living, the crisis in Ukraine and the pandemic, which this Prime Minister and this Government have dealt with in an exemplary fashion.
(2 years, 6 months ago)
Commons ChamberIt is a pleasure to be called to speak in the debate.
The motion in the name of the Leader of the Opposition is deeply flattering to me—presumably—and to the Committee that I have the great pleasure of chairing. I appreciate the Opposition’s confidence in us, but would gently encourage them to have more confidence in themselves rather than deferring entirely to my Committee.
In the exposition with which he responded to the deputy Leader of the Opposition, my right hon. and learned Friend the Paymaster General remarked that the motion was unconstitutional, and I have to say that perhaps it is. However, I increasingly find that the Government themselves advance all sorts of propositions that could be described as unconstitutional in the first place, not least the assertion by some members of the Cabinet that we now have a quasi-presidential system of government. That, I imagine, would be news to Her Majesty. I might ask whether the reading of choice in the Cabinet is indeed Dicey and Bagehot nowadays, or perhaps something a little lighter.
The Public Administration and Constitutional Affairs Committee has not requested these powers, but I understand the sentiment behind them. It is the imperative to appoint a new adviser to the Prime Minister on ministerial interests, which, if I am to decipher what my right hon. and learned Friend said earlier, is something that they are keen to do.
I will, if I may, briefly reflect on what happened last week. Lord Geidt appeared before the Committee on Tuesday. He went through an astonishing transformation, it seems, over the course of that week—those who may have been a little critical of his appearance on Tuesday were regarding him as a great national folk hero by Wednesday. I am sure that he was touched by that change of heart. None the less, he certainly had a difficult time, not on the basis of him as an individual—a man of flawless reputation, I might advance, with a distinguished record of public service not least to Her Majesty—but probably because he was defending a sticky wicket. He found the need to bring clarification to the motivation behind his resignation in a letter to me on Friday. It is clear that Lord Geidt is not a political creature, but that is exactly the kind of quality that is needed in the independent adviser.
It should not go without challenge in this House when Ministers appear in the media, but some unhelpful perceptions have been created. I am afraid to say that the Secretary of State for Digital, Culture, Media and Sport was wheeled out on the radio on Friday—presumably for the nation’s entertainment rather than its edification. Her appearance was quite astonishing. I agree with her on one thing though. Let me paraphrase what she said. “Never heard of him”, she said. That is quite right. I do not think that the independent adviser to the Prime Minister on ministerial interests should be heard of, because the sort of the work that they undertake should be done thoroughly, but discreetly. It should never capture the public imagination—I think that that is more of a reflection of the times in which we are living, which, largely, are of our own making.
I would further question why my right hon. Friend, the Secretary of State for Digital, Culture, Media and Sport, felt the need to observe that Lord Geidt had been complaining about the amount of work that he had to do. Well, we know what could be done about that perhaps. All I would say in praise of my right hon. and learned Friend on the Treasury Bench is that he is a complete contrast to the Secretary of State for Digital, Culture, Media and Sport, and I welcome his sensible and considered approach to these matters and indeed the emphasis that he placed in, I think, the urgent question last week, which was that it was vitally important to have such a position filled.
On the question of whether people care, I think that, yes, they do care. The British public are, on the whole, capable of having two thoughts in their minds at once. Yes, they are able—by their own painful experience quite often—to understand the cost of living crisis. Yes, they are entirely able to have empathy and grave concern about the situation in Ukraine, but they are also able to judge the Government on whether they think that they behave—not perfectly, because that is not what people expect—with at least an adequate degree of propriety. I say to colleagues that we might gently remember the Standards Committee report from the autumn, which I thought would have shown that, for many, this was an area of interest that the public thoroughly understood.
I shall conclude briefly, the House will be relieved to know, as this matter does not really need a great deal more from me. Why do we have an independent adviser? It comes from a 2006 recommendation from the Committee on Standards in Public Life. There are practical reasons why these advisers are necessary. It is that they can give objective advice to the Prime Minister of the day. In fairness to the Prime Minister of the day, or the Prime Minister at any time, they have a difficult role in forming a judgment on close colleagues and, indeed, even friends. They need to be able to draw upon and be able to back up their decision with that advice.
I completely support the idea that the Prime Minister has ownership of the “Ministerial Code”. It is his code, and it is right that it should be so. We should not be upsetting that constitutional principle. However, we need to make sure that there is an adviser, with the Prime Minister as final arbiter, in a way that allows for that transparency in the difficult decisions that they make.
So, although personally deeply touched by the Opposition’s confidence in me, and indeed in the illustrious members of my Committee, I am afraid that I will not actively support their motion, which I know will upset them dearly. But as the right hon. Member for Ashton-under-Lyne (Angela Rayner) and I go back an awfully long way, to the time when she was union representative at Stockport Council and I was a mere humble councillor for the Hazel Grove ward, I trust that she will take what I have said in the spirit that it is intended. I look forward to hearing the rest of the debate.
(2 years, 6 months ago)
Commons ChamberWe now come to the Chair of the Public Administration and Constitutional Affairs Committee, William Wragg.
I will channel my rare inner Lady Bracknell and say that for the Prime Minister to lose one adviser on Ministers’ interests may be regarded as misfortune, but to lose two looks like carelessness—I hope my right hon. and learned Friend will take that in the spirit it is meant. I thank Lord Geidt for appearing before our Committee on Tuesday, where I think he did his best—with what he would work with, I think was one thing he said, but he did his best none the less. I am very sad that he felt the need to resign, and I look forward to reading his letter and the reply from the Prime Minister. Can the Minister give the House some reassurance on this particular point? There was a five-month vacancy in the role upon the resignation of the previous independent adviser. How much more quickly will that be filled this time?
I am sure my hon. Friend will agree with me that it is important to ensure that whoever holds that role is not under constant political pressure to attack the Prime Minister for party political reasons and that, if they do not do so, they are not accused of being a lackey or a patsy. That is not something our independent advisers on Ministers’ interests deserve. We want the best public servants in our public life. We have had one in Lord Geidt, and we will work further in due course, but I know my hon. Friend will agree that it is in the public interest that party politics is not allowed to put pressure where it does not belong.
(2 years, 8 months ago)
Commons ChamberThank you for calling me so early in this debate to deliver my sermon, Mr Speaker. If I may, by means of parish notices, let me wish Her Majesty a happy 96th birthday.
My intention was to vote against the Government’s amendment and that would still be my intention were it to be moved. I appreciate the efforts by my right hon. Friend the Chief Whip to find a way through—he is somebody we are lucky to have in his role—but we were at risk of making a mistake. The original motion is perfectly acceptable and allows for much of the spirit of the amendment. For example, the publication of the Gray report would be automatic upon the conclusion of the Metropolitan police’s work. There was no need to complicate matters.
The Ukraine situation is of huge importance, but the invasion of a sovereign nation by a dictatorial aggressor should not be a reason why we should accept lower standards ourselves. I have told the Prime Minister to his face that I think he is doing a good job in robustly supporting the Ukrainian Government. Her Majesty’s Government, along with our nation, can be proud of their role and generosity. Let us give credit where credit is due. However, much as I may have tried, I cannot reconcile myself to the Prime Minister’s continued leadership of our country and the Conservative party. I say this by means of context, so that everyone, particularly my constituents and colleagues, can understand my position, without hiding my views with ever more elaborate disguises. To those constituents who disagree with me, I say that I appreciate their anger, just as I can appreciate the anger of colleagues. However, say what you mean and mean what you say.
I submitted my letter of no confidence to my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady) in December last year. I did so for the following reason. It followed the leak of the Allegra Stratton mock press conference video. I believe that in that video she did nothing wrong. She nervously laughed and sought to make light of an embarrassing situation. To see her crying on her doorstep, feeling the full weight of responsibility and anger of a country, was deeply moving and I felt immensely sorry for her. I hope that she is well and will be able to continue her distinguished career. But what alarmed me most was that, later that evening, a press preview of the winter covid plan B measures was brought forward to try to move matters on. We debated those measures at length, but we can agree, if not on their extent or importance, that they none the less sought to compel or restrict what people in this country could do. I therefore thought to myself: if a Government were prepared to bring such measures forward earlier in order to distract from their own embarrassment, the Prime Minister was no longer fit to govern.
I care deeply about my colleagues. I know that a number are struggling at the moment. We have been working in a toxic atmosphere. The parliamentary party bears the scars of misjudgments of leadership. There can be few colleagues on this side of the House who are truly enjoying being Members of Parliament at the moment. It is utterly depressing to be asked to defend the indefensible. Each time, part of us withers.
I have questioned my place in this party in recent months and perhaps that is symptomatic of a swathe of our voters in the country, but I tell them firmly that I am not going anywhere and I urge them to stick with us in the forthcoming elections. But for us to maintain their trust and confidence, we must be seen to do the right thing. It is our responsibility—it is the Conservative parliamentary party’s responsibility. We must stop delegating and delaying our political judgment. We each only have our own limited and imperfect integrity. We cannot keep spending it on others whom we cannot be sure will not let us down.
I have great empathy for all those who worked at No. 10 and in the Cabinet Office. They bore an immense burden and worked under the most intense pressure. They worked hard and made sacrifices. I extend that same empathy to my right hon. Friend the Prime Minister, who knows more than most the personal challenges and personal battles that came from the pandemic. But the matter before us is one at the heart of this institution, of our Parliament.
I love this place, believing it to be a place of high ideals and purpose. What is said here matters. Quite apart from the Facebook clips about roundabouts and drains in our constituencies, or indeed the confected anger to wind people up, it should be a place venerated by those of us given the singular honour of being sent here. Of course it can be a pantomime, a farce, turgidly boring and obscure, but it should always be reasonably honest. It is for that, I hope not naive, principle that I cannot support the amendment and I will vote for the motion. [Interruption.]
Order. Come on, Mr McDonnell—you have been here longer than most people! We do not want to clap after every speech.
(2 years, 9 months ago)
Commons ChamberI am obviously not doing that. We are able to see where mistakes have been made and where things have gone well in the past, and we see that in the pre-2011 position—the position we are seeking to achieve and that Labour sought to achieve in its manifesto, as did my party. That tried and tested system worked well, and worked well for generations.
May I refer my right hon. and learned Friend to “The Crown”, of which I am sure he was an avid viewer? In answer to the intervention by the hon. Member for Cardiff West (Kevin Brennan), is my right hon. and learned Friend familiar with the Lascelles principles, as written to The Times under the pseudonym “Senex”, and can he update the House on whether they now form part of the Cabinet manual?
The Lascelles principles are something we still respect. One of the fundamental tenets of Sir Alan Lascelles’ letter was the fact that we wished to avoid any suggestion that the sovereign be involved in politics.
The amendment, as I was saying, is silent on the issue of the negative consequences. The privilege to request that the sovereign exercise the Dissolution prerogative is an executive function that is enjoyed by virtue of the ability to command the confidence of the Commons.
We must also question how the amendment would work in practice. For example, how would the parliamentary process be sequenced and when would it apply? Would the Prime Minister be required to confirm the support of the House only when they intend to request that Parliament be dissolved before the maximum five-year term, or would it apply following a loss of confidence? There are myriad questions that the amendment would leave unanswered; as we can see, it adds undesired complexity to what is a simple proposition—a return to the status quo ante.
The Bill intends to return us to that status quo, reviving the prerogative powers for the Dissolution and the calling of Parliament and preserving the long-standing position on the non-justiciability of those powers. The amendment would undermine the entire rationale for the Bill. If it is amended as proposed, we would be entering into precisely the kind of ill-thought-through constitutional innovation that we are seeking to repeal.
The simplest and most effective route is to make express provision to revive the prerogative powers for the Dissolution and calling of Parliament, returning our country to tried and tested constitutional arrangements offering certainty around the calling of elections. The prerogative power to dissolve Parliament is the ultimate expression of humility on the part of the Executive, placing the future and power into the hands of the people.
Finally, with all due respect for the undoubted expertise and value of the House of Lords, I suggest it is not appropriate for the revising Chamber to ask the elected House to revisit questions, not least when they relate to the process and role of this House, on which this House has already definitively decided. I thank their lordships, but I hope that they will now take note of this House’s clear view. Therefore, I would welcome this House’s sending a clear signal and I urge it to vote against the amendment.
I apologise, Madam Deputy Speaker.
I say to the Government that it is not a one-way street and we think that having some checks and balances in our democracy is a good thing. In that spirit, I hope that hon. Members will vote in support of the Lords amendment.
I thank the hon. Member for Nottingham North (Alex Norris) for the introduction where he described me as being cheeky faced. It will stun the Opposition and surprise the Government that I will be voting enthusiastically with the Government in the Lobby later, so clearly my re-education is having the desired effect.
I rise to speak against the Lords amendment and in favour of the Government’s motion to disagree. I view the Fixed-term Parliaments Act 2011 not through rose-tinted spectacles as a great beacon of constitutional progress, but as a politically expedient measure that helped to secure a coalition in which the junior partner feared being unceremoniously dumped part way through an electoral term.
The lesson of the passage of this Bill thus far, and indeed of the work of the Joint Committee and of my Public Administration and Constitutional Affairs Committee, is that the genie cannot simply be put back in the bottle. I slightly disagree with the Minister, because by removing a prerogative power, the 2011 Act made it impossible to return completely to the status quo ante, hence the need for the Bill where we are codifying Dissolution for the first time. That cannot easily be argued against.
At the heart of the Lords amendment is whether the House should maintain a veto on Dissolution and the calling of an election, and I believe that it should not. It is for the monarch to dissolve the House following a request—I emphasise “a request”, unlike the early drafting of the Bill, which suggested that Her Majesty be advised to dissolve—from Her Majesty’s Government.
Why is it good enough for the Scottish Parliament, Welsh Assembly and Northern Ireland Assembly to operate on fixed terms but not this place?
The hon. Gentleman invites me to be intemperate about the difference between this House and the other Parliaments of the United Kingdom, which I will resist entirely. Places evolve through their own conventions and those Parliaments are doing exactly that. There is no need for universality; surely he would argue that the beauty of devolution is that it allows for difference. If he wanted uniformity, however, he would essentially support the United Kingdom.
The impetus for the Bill came from the logjam of the previous Parliament.
It is important to note where the impetus came for this Lords amendment, because it is a symptom of the mistrust that followed the Prorogation that never was, in 2019.