Ministerial Code

Alison Thewliss Excerpts

Monday 26th April 2021 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP) [V]]

(Urgent Question): To ask the Minister for the Cabinet Office to update the House on the ministerial code.

[The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)]

The ministerial code is the responsibility of the Prime Minister of the day. It is customarily updated and issued upon their assuming or returning to office. The code sets out the behaviour expected of all those who serve in government. It provides guidance to Ministers on how they should act and arrange their affairs to uphold those standards. The code exists and should be read alongside the overarching duty on Ministers to comply with the law and to protect the integrity of public life.

The current version of the code was issued by the Prime Minister in August 2019 shortly after he assumed office. While the code sets out standards and offers guidance, it is Ministers who are personally responsible for deciding how to act and conduct themselves in light of the code, and, of course, for justifying their actions and conduct to Parliament and to the public. That is as it should be in a robust democracy such as ours. Ministers are not employees of the Government, but rather office holders who hold their office for as long as they have the confidence of the Prime Minister as the Head of Government. It is always, therefore, the Prime Minister who is the ultimate judge of the standards of behaviour expected of an individual Minister and of the appropriate consequences were a breach of those standards to occur.

The code also sets out a role for an independent adviser on Ministers’ interests. It is an important role, the principal duty of which is to provide independent advice to Ministers on the arrangement of their private interests. The independent adviser also has a role in investigating alleged breaches of the ministerial code. As the House will be aware, Sir Alex Allan stepped down from his role towards the end of last year. Following the practice of successive Administrations, the Prime Minister will appoint a successor to Sir Alex. The House will understand that the process of identifying the right candidate for such a role can take time. However, an appointment is expected to be announced shortly. The House will be informed in the usual way as soon as that appointment is confirmed. It will clearly be an early priority for the new independent adviser to oversee the publication of an updated list of Ministers’ interests. I expect that will be published shortly after a new independent adviser is appointed.

I can, of course, reassure the House that the process of managing Ministers’ interests has continued in the absence of an independent adviser, in line with the ministerial code, which sets out that the permanent secretary in each Department and the Cabinet Office overall have a role. Ministers remain able to seek advice on their interests from their permanent secretary and from the Cabinet Office. The ministerial code has served successive Administrations well and has been an important tool in upholding standards in public life. It will continue to do so.

[Mr Speaker]

Let us go to the SNP spokesperson for the urgent question. I call Alison Thewliss. [Interruption.] Order. Can I just say to Members that they should be wearing a mask in the Chamber? For the two Members sat there: please, it is not my decision, but the decision of Public Health England that we should be wearing masks. If you do not wish to, please leave the Chamber.

[Alison Thewliss]

Thank you, Mr Speaker—[Interruption.]

[Mr Speaker]

Order. We will have to suspend the sitting if Members do not wear their masks. That is not on my order, but Public Health England’s.

[Alison Thewliss]

Thank you, Mr Speaker, for granting this urgent question.

In his foreword to the “Ministerial Code”, the Prime Minister says:

“To…win back the trust of the British people, we must uphold the very highest standards of propriety…No misuse of taxpayer money and no actual or perceived conflicts of interest. The precious principles of public life enshrined in this document—integrity, objectivity, accountability, transparency, honesty and leadership in the public interest—must be honoured at all times”.

Well, this UK Tory Government is failing on all counts. They are riddled with conflicts of interest and allegations of corruption. Indeed, 37% of the public think the Prime Minister is corrupt—53% think that in Scotland—and that is before getting into the latest on what the Prime Minister is alleged to have said, which is that he would rather see bodies pile up in their thousands than order a third lockdown. Despicable, cruel and callous. Comments not befitting the office of Prime Minister.

Transparency International’s “Track and Trace” report raised serious questions on 73 Government contracts worth £3.7 billion. Of those, 24 personal protective equipment contracts, worth £1.6 billion, were handed to those with known political connections, with a further £536 million on testing services. We need to know who has benefited and what their links are to Ministers, especially in the light of the VIP lane that the National Audit Office identified as a risk. People on that list were 10 times more likely to win a contract. Transparency International identified the VIP lane as potentially a

“systemic and partisan bias in the award of PPE contracts.”

Will the Minister stop hiding behind commercial confidentiality and publish in full the details of those VIP contracts, along with who recommended them? It is our money and we have a right to know. Will he also finally publish the updated register of Ministers’ interests?

From the contracts for the Health Secretary’s pub landlord to the cosy chumocracy of the Greensill Capital affair, the casual text messages between the Prime Minister and Sir James Dyson promising to “fix” tax issues, apparently in exchange for ventilators that we never even got, and now questions over the Prime Minister’s funding for feathering his Downing Street nest, does the Minister agree that there is a clear pattern of behaviour and it absolutely stinks? The UK Tory Government are about to prorogue the House to duck further scrutiny. In the absence of an independent adviser to investigate Ministers, we can no longer trust them to investigate themselves; that much is clear. Will the Minister for the Cabinet Office instead instruct a full independent public inquiry to get to the bottom of the sleekit, grubby cabal in charge of the UK?

[Michael Gove]

I am grateful to the hon. Lady for raising a number of issues. She raised the whole question of procurement of PPE. It is a well attested fact that less than 0.5% of the PPE procured did not meet the standards that we had set out. It is a fact that every single recommendation for the procurement of PPE went through an independent eight-stage process verified by independent civil servants. It is the case that the Government, operating at a time when the pandemic was raging, did everything possible—we make no apology for it—to ensure that those at the frontline got the equipment that they deserved. The techniques that we used and the processes that we followed not only stand up to scrutiny; the same techniques and the same processes were used by the Welsh Government, the Scottish Government and the Northern Ireland Executive.

The hon. Lady raises the Greensill question. Of course, the truth is that all the efforts on behalf of that company in order to push the Treasury and others were rejected. She raises the issue of Sir James Dyson. She does not acknowledge the fact that Sir James spent millions of pounds of his own money to try to ensure that we had ventilators to save those on the frontline. She does not mention that the ventilator challenge was investigated by the Public Accounts Committee, which said it was a model of public procurement. She does not mention the fact that the changes to the Prime Minister’s flat were paid for by the Prime Minister himself, and she repeats a line from a newspaper but ignores the fact that the Prime Minister instituted not only a second but a third lockdown to keep us safe.

What the hon. Lady does not mention is that she and other Opposition Members criticised the appointment of a vaccine tsar as cronyism when Kate Bingham has been responsible for saving millions of lives. What she does not say is that Opposition MPs criticised Kate Bingham for spending money on public relations when that money was there to ensure that people from black, Asian and minority ethnic backgrounds were able to get the vaccines they required. What she does not acknowledge is the determined effort by public servants in this Government and others to deal with a pandemic and to save lives. Instead, she tries to score political points in a way that, sadly, causes regret.