Adviser on Ministerial Interests

Alistair Carmichael Excerpts

Tuesday 21st June 2022 Commons Chamber

[Michael Ellis]

My right hon. and learned Friend is absolutely right about the code. I think it is annex A, and it may even be 1(c), although I may be wrong. The foreword is a topical document and how and by whom Lord Geidt is replaced are being worked through in detail.

The Government have only very recently made a number of significant changes to the remit of the independent adviser and to the ministerial code, and those changes were made in response to recommendations from the Committee on Standards in Public Life, as the former Attorney General, my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), mentioned only a few moments ago. They represented the most substantial strengthening of the independent adviser’s role and office during the lifetime of that post. The role has been strengthened and increased substantially. I will not run through all the details of those changes again. In the light of last week’s events, it strikes us as reasonable to not rush in, but pause and reflect on how to do it properly.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

If the changes that the Government recently brought forward are so significant and substantial, why do they feel it is necessary to have a pause for reflection again now, so soon?

[Michael Ellis]

Those are two different things, as the right hon. Member knows. We are talking about strengthening the role of the independent adviser, on which we had time to reflect and which we then did.

In no way do I suggest that the Government do not regard the role with the utmost importance; we do. In no way do I suggest that something of this importance will be left unaddressed; it will not. All I suggest is that we take a period of time to assess how best to perform that function. I appreciate that the motion allows a limited period of time, as it does not take effect until the independent adviser role has been unfilled for two months, but that timing presents two issues.

First, two months, with a deadline of 14 August, is simply an unduly short period to recruit for a role of such significance and sensitivity. Secondly, the motion allows for no time to think about how the role is delivered. By proposing the creation of a sort of shadow adviser on Ministers’ interests, the motion simply demands the same model again without consideration of any alternative options. It also unwisely, if I may say so, innovates to expand the remit of an existing Committee without considering the impact that that will have on the operation of the ministerial code. As I said, the Government think that the time is right to reflect on this matter more carefully.

[Mr Carmichael]

Will the Minister give way?

[Michael Ellis]

In a moment; I will just make some progress.

Let me move on to the detail of the motion, which is constitutionally rather important. It is predicated on a misplaced worry about the Government’s intentions, and that anxiety has created a jumble of misguided ideas. First, the creation of the new specialist adviser position stands directly at odds with the principle of separation of powers and the necessary distinction between Members and Ministers of the Crown. It would be an extraordinary shift of power from the Executive to the legislature, which would upset the long-established balance in that aspect of the United Kingdom’s constitution. It would be a reckless change that has not been thought through.

Her Majesty’s Government would not dream of appointing advisers to this House—that is for the House to do, and Mr Speaker would rightly protect the legislature’s independence—but the Opposition want the legislature to interfere with the independence of the Executive by appointing one of its own advisers. Effectively, that is a recipe for gridlock and confusion.

It is a fundamental constitutional principle that the Prime Minister of the day, as head of Her Majesty’s Government and the sovereign’s principal adviser, has sole responsibility for the overall organisation of the Executive and for recommending the appointment of Ministers. The Prime Minister, not Parliament, advises Her Majesty on the appointment of her Ministers. In turn, the Government of the day are accountable to the Commons and must command its confidence. That is our system. The ultimate responsibility for decisions on matters of ministerial conduct is therefore, quite properly, the Prime Minister’s alone, who draws his authority from the elected House of Commons. As an elected politician, those are matters for which he or she is accountable to Parliament and, ultimately, the electorate.

Flowing from those arrangements, the ministerial code is the Prime Minister’s document. It belongs to the Prime Minister and sets out the standards of behaviour that he expects from his Ministers. Likewise, the appointment of others to advise on the ministerial code is a matter for the Prime Minister. It would be similar to me appointing an adviser to the Leader of the Opposition, which would, of course, be absolute nonsense and would not be accepted by the Opposition.

--- Later in debate ---

[David Linden]

I respect the Paymaster General enormously but it will take a lot for him to reassure me about the Government’s role on ethics.

When I asked the Paymaster General earlier to define “in due course”, he was not able to say that the appointment would take place by the summer recess or the conference recess. We might—who knows—have a general election in October. I would not be surprised if the Government ended up not appointing an adviser. As they have said before, they are tired of experts. I think they see the role of an adviser as a hindrance, particularly at a time when they will almost certainly have to break international law, albeit in a “very specific and limited way” as the Government like to do in their legislation.

I find some of the contributions I have listened to in this debate a little jarring, with people talking about accountability and respecting the importance of democracy. Let us not forget that this Government have increasingly taken recently to appointing people who are essentially failed election candidates to the House of Lords.

Look at someone such as Malcolm Offord, now Lord Offord, who is now a junior Minister in the anti-Scotland Office. He has given money to the Conservative party, he has not had to have the inconvenience of going through an election and was appointed as a junior Minister to the Scotland Office. Or there is Ian Duncan, a former Tory candidate against my hon. Friend the Member for Perth and North Perthshire (Pete Wishart). He could not beat my hon. Friend in an election, but he got into the House of Lords anyway. Zac Goldsmith, a friend of the Prime Minister and his wife, who failed in the last election to be elected to this House is in the House of Lords as a Department for Environment, Food and Rural Affairs Minister. When the Tories start to talk about accountability, we should be slightly aware of the context, because it is not a particularly good one.

I have one suggestion I want to pursue. The Government seem to think that the way out of this is talking about an office of the Prime Minister. That is a half-baked suggestion. I do not disagree with having an office of the Prime Minister, but if we are going to have one, they should have something akin to what they have in New Zealand. At the moment, the office of the Prime Minister is merely a rebuttal in a press release; it will create a new office with a new permanent secretary, but who will it be accountable to?

We in this place trust that the Prime Minister is accountable every now and again to the Liaison Committee, but we all know that the Liaison Committee, with the greatest of respect to my hon. Friend the Member for Perth and North Perthshire on the Front Bench and the hon. Member for Hazel Grove (Mr Wragg), is largely an opportunity for Select Committee Chairs to grandstand. If we are going to have an office of the Prime Minister, there must be a mechanism through which we can hold it to account. That is why I think the idea is half baked.

[Mr Carmichael]

In terms of accountability, does the hon. Gentleman agree that where an allegation of impropriety is made against a Minister and is investigated, as a matter of principle the outcome of that investigation, whatever it is, should be published?

[David Linden]

In short, yes I do.

The final point I want to make is that, while in many respects this is a very noble motion before the House and I will happily vote for it tonight, there must be a realisation in this place that with the current holder of the office of Prime Minister, politics has changed enormously, and we as Members of the House of Commons are going to have to get used to that. This is a Prime Minister who has defied all the norms of politics, who has now outlived Trump and may go even further.

I ask Members of this House to remember who the current Prime Minister is. I know I cannot refer to him by name, but on issues of racism he wrote:

“It is said that the Queen has come to love the Commonwealth, partly because it supplies her with regular cheering crowds of flag-waving piccaninnies”.

In 2018, he compared Muslim women to “bank robbers” and “letter boxes” and said he would ask a person with a niqab to remove it before speaking to him. He wrote that single mothers were to blame for producing a generation of,

“ill-raised, ignorant, aggressive and illegitimate children”.

In 2002 he said in a book:

“If gay marriage was OK…I saw no reason in principle why a union should not be consecrated between three men, as well as two men, or indeed three men and a dog.”

The point is that this Government can have all the advisers on ethics they like, but I am fairly sure that if another one is appointed, they will have to resign again. The issue here is not necessarily the role of an adviser for ethics; the issue is that we have a Prime Minister who has no ethics.

We find ourselves in a remarkable situation where, as the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) just mentioned, a majority of people in this House do not have confidence in the Prime Minister. Remarkably, members of my party are told we cannot have a second referendum on independence, but for hon. Members on the Conservative Benches, the only opportunity they have to remove the Prime Minister is a second vote in a year’s time. That irony is lost on nobody.

--- Later in debate ---

[Michael Ellis]

I think the hon. Lady misunderstands the position, which I have made perfectly clear and will repeat. This is about getting the process henceforth right—a process that will have the confidence of this House, the Prime Minister, Ministers and everyone else. It is right to consider these things carefully and take time to reflect on them before taking a decision on how best to fulfil the Prime Minister’s commitment. It is the Prime Minister who has made a commitment to ensuring rigorous oversight and close scrutiny of ministerial interests. As I have said, we are looking at the best way to carry out this function, given some of the issues raised recently and set out in our plans. But I could not be clearer when I have given the single-word answer “yes” on the Prime Minister’s intention to appoint a new ethics adviser. We will announce how that will be done and who is to do it in due course. We will make sure it is done properly to ensure that Parliament and the public have confidence.

In the meantime, the Labour party, when its rail strike is in progress, has chosen today of all days to discuss this matter. I suppose half its Members are on the picket lines at the moment, blocking hard-working people from going about their daily business. They debate this matter for the umpteenth time and the umpteenth hour—so much so that my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) says that she sees more of me than of her friends. The feeling is mutual, although I think she has far more friends than me, except on the Government Benches, where I have a lot more friends, of course, because the Prime Minister wins elections. He does not talk about personalities; he talks about policies. On policies, this party and this Government win.

[Mr Carmichael]

I am grateful to the Minister for giving way eventually. I am sure that we all share his aspiration to have a process in future that commands public confidence, but he has not yet mentioned what it was about the previous system that did not command public confidence. What was it?

[Michael Ellis]

I will leave that to the right hon. Gentleman’s already active imagination, but I would say that not everything is a conspiracy. He should bear in mind the responsibility that he and his party have for ensuring that this country’s railway system is working correctly and is not subject to industrial action. Why not support the people of this country in doing that? The red herring that he focuses on is symptomatic of where we are with this debate.

I have made it clear that Labour’s motion seeks to confuse the constitutional position of this country; it confuses the powers of the Executive with those of the legislature. We propose to move on and appoint an ethics adviser, as I have said. We will ensure that an announcement is made as to how it will be done and who will do it in due course, but I emphasise that it must be done properly. In the meantime, I respectfully caution the Opposition to get their Members off the picket lines and to support the people of this country, which is what this Conservative Government will continue to do.

Question put.