Ministerial Code

Alex Burghart Excerpts

Tuesday 29th November 2022 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Vickers, and to respond to the hon. Member for Rhondda (Chris Bryant) in whatever capacity and with whichever hat he is wearing today. He, like me, has a second job—mine is currently as a Minister in the Cabinet Office. It was very good of him to enunciate how many days I was in my previous post; now I have a record in Hansard that I can refer back to when I want to check it.

Although my response today will be relatively brief, I want the hon. Gentleman to know that, as a new Minister, I am genuinely interested in the points he has raised and I will certainly consider them with colleagues. He has previously raised these important points in the House on a number of occasions, including 7 September, I think—it is my birthday; I remember it well—and again on 18 October. He is right to say that in the coming weeks we will have an opportunity to debate these matters again.

The hon. Gentleman raises substantial issues concerning transparency, timeliness and the independent adviser. As the Leader of the House said a few weeks ago of the recommendations proposed by the Committee on Standards, which the hon. Gentleman chairs, we are

“very conscious that there is further progress to be made and the House should have the opportunity to consider the additional recommendations”.

We are looking to identify solutions that command cross-party support on outstanding issues, including to improve the transparency and timeliness of ministerial declarations. The Government are very clear in our views that, as the Leader of the House said,

“the rules regulating Members’ interests and ministerial interests”—[Official Report, 18 October 2022; Vol. 720, c. 636.]

are distinct. However, the hon. Gentleman has raised important points about consistency that bear further cogitation.

I can confirm that we are talking to officials about proposals we are considering to bring forward and improve the system, and that revised guidance on ministerial transparency data will be published in the coming weeks, first on gov.uk. The guidance will be updated to more closely reflect modern working practices and Ministers’ obligations under the ministerial code. As the Leader of the House has said, we are mindful of the BAFTA challenge that has been set by the hon. Gentleman. As I said, there are important points on consistency.

[Chris Bryant]

The Minister entices me on the BAFTA point—and it is not just the BAFTA point, but the Bond point. If I were invited to a Bond premiere, with tickets worth something like £2,000 or £2,500, I would have to declare that within 28 days, detailing the cost and who had paid for it. All that would then be published within two weeks. However, several Home Secretaries and Foreign Secretaries ago, when the then Home Secretary, the right hon. Member for Witham (Priti Patel), and the then Foreign Secretary, the right hon. Member for South West Norfolk (Elizabeth Truss), went, they decided that they had gone in their ministerial capacities. A colleague of the Minister said that they had gone in a ministerial capacity because the Home Secretary has responsibility for MI6, which is incorrect.

Can the Minister see that the whole concept of going to a Bond premiere in a ministerial capacity brings the whole system into disrepute? Would it not be simpler for everything to be in a single place, so that members of the public could openly and transparently see the full range of a Minister’s interests?

[Alex Burghart]

The hon. Gentleman has made his point very clearly once again.

On timeliness, in autumn this year the Government reaffirmed their commitment to transparency, and said they would publish transparency data within 90 days of the end of each quarter. The Cabinet Office has strengthened advice to Departments on open access data, which will ensure that ministerial transparency is easily accessible to all. I appreciate what the hon. Member for Rhondda says about the importance of members of the public being able to see what is happening as promptly as possible. I can see that he is anxious to intervene again.

[Chris Bryant]

It is just that 90 days is not prompt; it is 28 days in this House. After 90 days, people have forgotten what they went to. I do not understand why it could not be within a fortnight, especially given the fact that Ministers might move on or make different decisions in the intervening time.

[Alex Burghart]

I can assure the hon. Gentleman that Ministers will not have forgotten what they went to. As he is aware, there is a very clear process, which involves permanent secretaries and good internal recording systems. He is right that the last account was published in May. It is ordinarily published every six months, so although we have been without an independent adviser, we would only be coming up for the next publication now. Because the new independent adviser is yet to be appointed, that will probably be delayed, but the Government expect it to be a very high priority for the new adviser, when he or she is appointed.

[Chris Bryant]

The obvious questions are, when will the adviser be appointed, and can the Minister confirm that at least three people have already been offered the post and turned it down?

[Alex Burghart]

The hon. Gentleman appears to have information, if it indeed is true, that is not available to me. I have not been made aware that anyone has turned the job down. I reiterate that the Prime Minister has said that the appointment of an independent adviser is a priority for him. He is pursuing it with urgency, and we very much hope and expect that an independent adviser will be in place soon. That will kick-start a number of processes that have fallen into abeyance.

[Chris Bryant]

I am sorry to impose on the Minister in this way, but I just offer a piece of—I hope—helpful advice. My guess is that people might be refusing the job because they are worried that their position, credibility and reputation will be at risk unless the Prime Minister agrees that a new adviser can initiate investigations, including into the Prime Minister if necessary, without the say-so of the Prime Minister, and can recommend sanctions. Unless the Government make that change, I cannot see how anybody worth having in the role will accept it.

[Alex Burghart]

Obviously, in May the Government said that the independent adviser would have the power to initiate investigations. The then independent adviser Lord Geidt said that that was a workable solution. As I say, there will be a new independent adviser soon. That is the desire of the Prime Minister. He is keen to ensure that our process is fit for purpose, and he is keen, as the hon. Member for Rhondda is, to ensure that we have transparency, accountability and timeliness. I am very confident that this Administration, under this Prime Minister, with a new independent adviser, can deliver that.

Question put and agreed to.