List of Ministers’ Interests and Ministerial Code

Alex Burghart Excerpts

Monday 24th April 2023 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

(Urgent Question): To ask the Prime Minister if he will make a statement on the register of ministerial interests and the ministerial code.

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

I am pleased to confirm that the latest list of Ministers’ interests was published last week on 19 April by the Prime Minister’s independent adviser on Ministers’ interests, Sir Laurie Magnus. The list has been deposited in the Library of the House and is also available online on gov.uk.

I note that the hon. Lady’s question talks of a register of ministerial interests. I am afraid that I must point out, for the sake of clarity, that that is not an accurate term. It is important that I provide a little explanation about the list, what it contains and the role it performs. The ministerial code makes it clear that

“Ministers must ensure that no conflict arises, or could reasonably be perceived to arise, between their public duties and their private interests, financial or otherwise.”

It is their personal responsibility

“to decide whether and what action is needed to avoid a conflict or the perception of a conflict, taking account of advice received from their Permanent Secretary and the Independent Adviser on Ministers’ interests.”

On appointment, each Minister makes a declaration of all interests. They remain under an obligation to keep that declaration up to date throughout their time in office. Ministers are encouraged to make the fullest possible disclosure relating to themselves, their spouses and partners, and close family members, even where matters may not necessarily be relevant. The information supplied is then reviewed and advised upon by their permanent secretary and also by the independent adviser. Where needed, steps are taken to avoid or mitigate any potential conflicts of interest. That is the process by which Ministers’ interests are managed. It is thorough and ongoing, and it provides individual advice to all Ministers that reflects their circumstances and responsibilities.

Twice a year, a list is published, covering those interests that are judged by the independent adviser to be relevant to each Minister’s portfolio. The list is not a register. It is designed to be read alongside the Register of Members’ Financial Interests, which is maintained by this House, and the register of Members’ interests that operates in the other place. For that reason, the list does not generally duplicate the information that is available in the registers.

The independent adviser, Sir Laurie Magnus, makes it clear in his introduction to the list published last week that it would not be appropriate for all the information gathered as part of the ministerial interests process to be made public. He states that such a move would

“represent an excessive degree of intrusion into the private affairs of ministers that would be unreasonable, particularly in respect of”

hon. Members’ families. I am sure hon. Members will understand that the system is designed to gather the fullest amount of information, provided in confidence, so that the most effective advice can be given.

All Ministers of the Crown uphold the system that I have described. That is true for all Ministers, from the Prime Minister, who has been clear that all his interests have been declared in the usual way, all the way down to, and including, an assistant Whip. In the latest list, the independent adviser highlights the importance of Ministers and their permanent secretaries remaining alert in the context of their respective portfolios if Ministers’ interests change. That is, of course, right. Importantly, though, Sir Laurie Magnus provides his opinion as independent adviser on Ministers’ interests that

“any actual, potential and perceived conflicts have been, or are in the process of being, resolved”.

[Wendy Chamberlain]

When he was appointed, the Prime Minister promised that he would govern with integrity. He went inside No. 10 and his first act was to appoint Ministers. Of that cohort, three have now departed in controversy, including two in relation to allegations of bullying.

One thing the Prime Minister did not do at that time was publish an updated list of ministerial interests. It was finally released last week, 320 days after the last publication. That list does not include the interests of Ministers from the past year who have either been dismissed or resigned, such as the right hon. Member for Stratford-on-Avon (Nadhim Zahawi). That means that, on my count, there are almost 120 missing registrations from that period. Nor is there any setting out of what is referred to by the ethics adviser in his introduction to the list as

“actual, potential and perceived conflicts”

that are

“in the process of being…resolved”.

I hope the Minister can give more clarity on that situation.

Will the Minister accept the ethics adviser’s statement that a Minister’s interests are only clear when reading the ministerial list and the MPs’ register together? That is difficult to do, with one being published monthly and the other twice a year, or—as we have found—much less frequently. Members rightly disclose their interests regularly, because transparency is essential. The Leader of the House promised swift action to strengthen the system and agreed to consider more regular reporting. The publication last week suggests that she has failed in that effort to provide more transparency, so will the Government end this undemocratic two-tier system and bring publication forward to every 28 days, and will they publish the missing interests of former Ministers? It is absurd to think that had the former Deputy Prime Minister, the right hon. Member for Esher and Walton (Dominic Raab), resigned just three days earlier, we would never have been told what his interests were during his time as Justice Secretary.

Registration of ministerial interests is a key principle of the ministerial code; so, too, are behavioural standards. Last week, the former Deputy Prime Minister was found to have bullied civil servants in line with the definition under the code. According to the independent report, he acted in a way that was “intimidating” and

“involved an abuse or misuse of power in a way that undermines or humiliates”,

but Ministers have remained silent. Will the Government therefore publish any advice the Prime Minister was given on conduct before appointing the former Deputy Prime Minister? Is it the view of the Government that the former Deputy Prime Minister did breach the ministerial code? Will the Minister affirm that there is a duty on Ministers under the code to uphold the impartiality of the civil service, and will he accordingly affirm that impartiality today? Finally, does he acknowledge that the Government’s silence is deeply damaging and demoralising for hard-working officials?

[Alex Burghart]

I thank the hon. Lady for her question. She will be aware that Sir Laurie Magnus, who took up his post in December, has said that he will return to the regular cycle of publications. This list is his—he has oversight of it. It would be wrong if the Government were to interfere in that process, and we will obviously continue to engage fully with him to make sure that the list is up to date and reflects the ongoing interests of Ministers, so that the system can operate effectively.

On the point that the hon. Lady makes about the former Deputy Prime Minister, she will know from listening to previous statements and debates in this House that no formal allegations were made against my right hon. Friend the Member for Esher and Walton (Dominic Raab) before the Prime Minister appointed him. The moment those formal allegations were made, the Prime Minister and the Deputy Prime Minister agreed that there should be an independent investigation. Adam Tolley KC conducted his investigation, and the Deputy Prime Minister then resigned.

On the hon. Lady’s point about civil service impartiality, of course we accept and respect civil service impartiality. It is one of the things that makes government work so effectively in this country.

[Sir Peter Bottomley (Worthing West) (Con)]

The Minister will agree that there is much more openness and transparency now than 13 years ago. Through him, can I put it to the Prime Minister that Sir Laurie Magnus should be asked each year whether he would like to write a public letter to the Prime Minster on how the system is working, and any changes or improvements he would like to see made?

[Alex Burghart]

I thank the Father of the House for his long view on these things, and I am sure that Sir Laurie will have heard his remarks.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.

[Fleur Anderson (Putney) (Lab)]

I thank you, Madam Deputy Speaker, and Mr Speaker for granting this urgent question. Last week, the Prime Minister saw a third senior Minister resign in disgrace, jumping because he was not pushed. Can the Minister confirm that the former Deputy Prime Minister, the right hon. Member for Esher and Walton (Dominic Raab), did break the ministerial code? Did the Government know of or approve his statements blaming the victims, which appeared before the official findings of the report? Can the Minister say whether he agrees with the brave victims who came forward for that report, or with the former Deputy Prime Minister himself, that unacceptable bullying and misconduct took place? Does he think that the former Deputy Prime Minister should apologise to victims?

We also saw the list of ministerial interests miraculously appear just minutes before Prime Minister’s questions. Can the Minister say whether the Prime Minister declared his financial interest in Koru Kids as a Minister and as Chancellor before he became Prime Minister? Will the Minister meet his own commitment to more regular updates of the ministerial interests list and put it on the same basis as the Register of Members’ Financial Interests, which is published fortnightly while the House is sitting? The Ministers’ list seems to be annual. Will the Prime Minister finally introduce an independent adviser with the power to launch their own investigations? Have all the recommendations of the Boardman review been implemented? How many of the recommendations from the Committee on Standards in Public Life report have been implemented? A recent audit by Spotlight on Corruption revealed that, 18 months after both reviews were published, just 7% of the recommendations have been implemented.

While the Government have been preoccupied with yet more Tory psychodrama, working people are still battling the worst cost of living crisis for a generation. Labour is focused on cutting the cost of living, cutting crime and cutting waiting lists with our long-term plan to give Britain its future back. Has not this past week proved beyond doubt that it is time for a Government laser-focused on delivering for Britain, instead of one mired in misconduct?

[Alex Burghart]

I will take the hon. Lady’s questions in reverse. This Government are absolutely committed to tackling the cost of living crisis. It is because of that that the Prime Minister’s No. 1 preoccupation is ensuring that inflation comes down. Without inflation coming down, we cannot have growth, and without growth we cannot have more money for our public services. The Labour party would do very well to support us in that endeavour, otherwise we will fall into exactly the same trap that it fell into in the 1970s, where unions chase pay, pay chases inflation and the economy cannot grow for 10 years.

On the point that the hon. Lady made about the Prime Minister’s declarations, I draw her attention to the remarks made by the previous independent adviser Lord Geidt, who said that the Prime Minister had been “assiduous” in declaring all his relevant ministerial interests in all his roles. The Prime Minister personally asked Lord Geidt to look into that, and Lord Geidt was satisfied, as, it must be said, is Laurie Magnus likewise. On her remarks about the former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), I draw her attention to the fact that in his letter to the Prime Minister last week, the Deputy Prime Minister said:

“I am genuinely sorry for any stress or offence that officials felt”.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Chair of the Select Committee.

[Mr William Wragg (Hazel Grove) (Con)]

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?

[Alex Burghart]

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.

[Madam Deputy Speaker]

I call the SNP spokesperson.

[Kirsty Blackman (Aberdeen North) (SNP)]

We have ministerial declarations—interests list—that are updated not timeously, if they are updated at all. Will the Minister ensure that all ministerial declarations are published, not just those of Ministers who happen to have been sitting in the hot seat when the music stopped? We have Ministers and the Prime Minister announcing policy to the press first on a regular basis. The Prime Minister has lost numerous Ministers as a result of code breaches and there are various investigations ongoing. It seems that Ministers are happy to carry on erring until the point—beyond the point, in fact—that they are caught and until the point that the investigation finally reports and they finally choose to resign. What is the point in having a ministerial code if Ministers do not abide by either the letter or the spirit of that code, and continually breach it?

[Alex Burghart]

I think the hon. Lady is arguing for no due process. The moment that formal allegations were made against the former Deputy Prime Minister, both he and the Prime Minister decided it would be necessary to call an independent investigation into the Deputy Prime Minister’s conduct. That was conducted by a leading KC and, following the conclusion, the Deputy Prime Minister resigned. The alternative would have been to have no investigation at all—no independent assessment—and in our opinion that would have been wrong.

[Sir Desmond Swayne (New Forest West) (Con)]

How swiftly will the Government act to reduce the time in which complaints about ministerial behaviour can be made?

[Alex Burghart]

My right hon. Friend is a lover of brevity, and the truth is that he will have seen in the Prime Minister’s letter to the former Deputy Prime Minister that it is necessary to make sure any

“shortcomings in the historic process”

are addressed. He has asked the Cabinet Office to look at that and we intend to do so swiftly.

[Dame Angela Eagle (Wallasey) (Lab)]

But the system that we came into this Parliament with only works if the Prime Minister has integrity and he does not keep ignoring the adviser on ministerial interests and the reports that they come up with into things like bullying by Cabinet Ministers. The fact is that we have had two of those advisers resign because their reports were not followed, and that has led to the ministerial list of interests being unavailable to the public for many, many months and many, many more changes of Government. That is completely unsatisfactory. Does the Minister not therefore agree that we need a much more rigorous, transparent system that does not rely on the honour of Prime Ministers, which can now no longer be counted upon?

[Alex Burghart]

I hope that the hon. Lady was not suggesting that my right hon. Friend the Prime Minister was dishonourable, because I think that would have been out of order, Madam Deputy Speaker. However, I am sure she will appreciate that the former independent adviser Lord Geidt said that the Prime Minister had been “assiduous” in his reporting. The report—the list— published by Sir Laurie Magnus just a few days ago suggests that he has been likewise in this return, as have all Ministers, and that wherever any perceived conflicts of interest have been found, they are being dealt with.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I want to just make absolutely certain that nothing has been said that ought not to have been said. I totally trust the hon. Member for Wallasey (Dame Angela Eagle) not to have said anything that she should not have said, but just let me make it clear to the House as a whole that, when we are discussing a sensitive subject such as this in particular, moderation is important and that reputations are important. I am sure the hon. Lady was indeed moderate in her use of words, as the Minister has been. I just want to make sure everybody else is.

[Jackie Doyle-Price (Thurrock) (Con)]

The ministerial code is, of course, there to regulate the broader aspects of ministerial behaviour, not just financial interests—that tends to be the issue that the House gets really concerned about, but actually it is the broader behaviours that are more important. Given that we have had such a turbulent 18 months with regard to the code, will my hon. Friend, or the Prime Minister, consider rebooting it and focus on exactly the values that we expect of Ministers? Specifically, could I invite him to clarify that the ministerial code is very important when Ministers are deploying their operational responsibilities?

[Alex Burghart]

The ministerial code is obviously a bedrock of the way the Government operate and, on my hon. Friend’s point about operations, she is right. One reason the code exists is in order to give guidance to Ministers in that regard.

[Sir Chris Bryant (Rhondda) (Lab)]

Of course the Minister is defending the status quo—that’s his job—but I gently suggest that the whole system of the ministerial code is now bust. It does not fit with the parliamentary code of conduct. There are lesser rules for Ministers than there are for ordinary Back-Bench MPs. The new list, which was published only last week, is already an inaccurate list of Ministers, let alone a list of ministerial interests. It seems bizarre that a Minister would declare something to their Department and to the adviser, who would then say, “Oh yes, but we’re not going to bother telling the public about that.” Surely the time has come to have a new system for the whole ministerial code that is truly independent, so that the Prime Minister does not make the ultimate decision, others make an independent decision on when there has been a breach of the code, and we unite the two codes—the ministerial code and the code of conduct—because all Ministers have to be members of one or other House.

--- Later in debate ---

[Alex Burghart]

The hon. Gentleman is a powerful advocate for the approach he has outlined. On his point about examples of declarations of interest that might be made to a permanent secretary that may not be relevant—[Interruption.] If he gives me a moment, I will come to an example. For example, a Minister in the Department for Environment, Food and Rural Affairs may declare that their brother-in-law works in a company producing electric car parts in their declaration of interest form. That will be considered by the permanent secretary and the independent adviser. That may not be included in the published list, on the ground that it would be unlikely to present a conflict in relation to a DEFRA portfolio. It also would not be relevant to the register of the Minister’s parliamentary interests. If the Minister then moved to the Department for Transport, the Department for Business and Trade, or the Department for Science, Innovation and Technology, the interest would become more relevant and would be much more likely to be published in a list. I use that lengthy and exciting example to outline to the hon. Gentleman that the two things are not the same. The list and the register are different and are there for different reasons. They operate in different ways and consequently have different rules pertaining to them.

[Simon Hoare (North Dorset) (Con)]

If we are serious about supporting and defending the independence and sagacity of our senior civil servants—I certainly am and I know my hon. Friend is—their advice on whether something should be in the public domain or not should surely be enough. Otherwise, it is a direct challenge to the authority of those senior civil servants to whom a Minister is making a declaration. Does the Minister agree with that? Does he also agree that the clue is in the title—a blind trust is just that?

[Alex Burghart]

Absolutely. A blind trust must be a blind trust. On my hon. Friend’s point about the integrity of official advice to Ministers, absolutely, our system requires officials to be able to give advice candidly and freely, safe in the knowledge that it will not routinely be disclosed.

[Karin Smyth (Bristol South) (Lab)]

In our Public Administration and Constitutional Affairs Committee report into the Greensill affair, we suggested:

“The Government should outline the range of sanctions and indicative examples of breaches to which they might apply. Without this, the suspicion is that the only determinant of the level of sanction will be political expediency.”

In the discussions with the Deputy Prime Minister last week, was he offered a range of sanctions with regard to the breach of the ministerial code before he resigned?

[Alex Burghart]

I was not party to those discussions, so I am unable to say.

[James Wild (North West Norfolk) (Con)]

The transparency provided by the list is important, which is why I welcome its publication. Does my hon. Friend agree with me that the Opposition should follow the Government’s lead on transparency, and publish details of all meetings and contacts that they had with senior civil servant Sue Gray before her appointment as Labour party chief of staff?

--- Later in debate ---

[Alex Burghart]

Like my hon. Friend, I await that publication.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

When the new, latest Prime Minister took charge, he promised integrity, professionalism and accountability, but after yet more sleaze and scandal was exposed by investigative journalists, and just minutes before Prime Minister’s questions, the register of interests was miraculously updated to include shares in Koru Kids which is owned by the Prime Minister’s wife, who would end up benefiting significantly from her husband’s policy changes. So, does the Minister not agree—[Interruption.]

--- Later in debate ---

[Mr Dhesi]

Thank you for that advice, Madam Deputy Speaker. Does the Minister not agree that we now have a Prime Minister who has to be forced—compelled, if not embarrassed—into showing any sort of transparency?

[Alex Burghart]

Absolutely not.

[Ronnie Cowan (Inverclyde) (SNP)]

When Sir Laurie Magnus gave evidence to PACAC on the compliance of Ministers with the ministerial code, he said:

“I think you have to rely on their honesty, their compliance with the seven principles of public life and their recognising that if they are to have the privilege of a ministerial position, they have to comply with the expected standards.”

What can we do in this place when they do not?

[Alex Burghart]

The hon. Gentleman, I am sure, as a member of PACAC, will have read Sir Laurie Magnus’s list, published last week, in which he outlines that Ministers are doing what they are expected to do and that permanent secretaries are helping them to do so.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

There are so many loopholes in the regulatory system for all the codes of conduct, but in that of the ministerial code in particular. The so-called Independent Adviser on Ministers’ Interests is anything but independent, and unable to initiate their own investigations or to decide on what sanctions are appropriate. When will the Government adopt my Elected Representatives (Codes of Conduct) Bill, which I introduced at the beginning of the year to close the existing loopholes?

[Alex Burghart]

With all due respect to the hon. Lady, it is completely the case that the Independent Adviser on Ministers’ Interests is independent. He is independent and he conducts his duties accordingly in that role.

--- Later in debate ---

[Patricia Gibson]

Thank you, Madam Deputy Speaker. I was simply going to ask the Minister if he can explain why he thinks the Prime Minister seems so accident prone when it comes to running his Government?

[Alex Burghart]

The Prime Minister is doing an excellent job of delivering on the people’s priorities. Scottish National party Members want to be very careful before picking up rocks in their glasshouse.

[Clive Efford (Eltham) (Lab)]

We had the fast track for covid contracts, where people did not have to be a Conservative party member or donor—but it didn’t half help—to get a contract. We have had Ministers having to resign over various misconducts. We have had gaps in their declarations of interest, and now we have this investigation into the Prime Minister. That is a fact: that is happening. Does the Minister not think it is time that we had an independent ethics investigator who could look into these matters? Regardless of who is in government, the public’s view is that these things bring down our politics. Should we not all work together to clean it up and make sure that there is an independent investigator with power to independently investigate?

[Alex Burghart]

We have an independent adviser and a ministerial code. This Government are delivering on the Prime Minister’s commitment to integrity and professionalism.

[Madam Deputy Speaker]

The last word, as ever, goes to Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

Thank you Madam Deputy Speaker. I thank the Minister for his clarification and the answers that he is trying to deliver. Will he further outline whether clear guidance will be issued on what constitutes a conflict of interest and how far that extends, to ensure that this House does not continue to consider these matters with the current greyness?

[Alex Burghart]

I refer the hon. Gentleman to Sir Laurie Magnus’s report and list published last week. The process by which it is decided what conflicts Ministers might have is in conjunction with ministerial declarations, the permanent secretary and the independent adviser.

[Sir Chris Bryant]

On a point of order, Madam Deputy Speaker. I am grateful for what you said earlier. It is important for the Standards Committee and the commissioner to be able to do their work that we do not refer—preferably anywhere but certainly not in the Chamber—to ongoing investigations by the Parliamentary Commissioner for Standards.