Ministerial Code (Culture Secretary)

Alun Cairns Excerpts

Wednesday 13th June 2012 Commons Chamber

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I beg to move,

That this House believes that the Secretary of State for Culture, Olympics, Media and Sport should be referred to the Independent Adviser on Ministers’ Interests to investigate whether he breached paragraph 1.2c (giving accurate and truthful information to Parliament) and paragraph 3.3 (responsibility for his special adviser) of the Ministerial Code.

This debate takes place while the Leveson inquiry is doing its work, but I make it clear that the motion before the House is not about the issues that are the subject of the inquiry; today’s motion is about the rights of the House and the ministerial code, issues that Lord Justice Leveson made clear he is not going to consider and report on. Indeed, he cannot consider those matters, because article 9 of the Bill of Rights prevents him from so doing.

It was right to establish the Leveson inquiry. Its work is of huge importance and, after Lord Justice Leveson has reported, we will need to place great weight on his proposals and to give them deep consideration. We have, arising out of his inquiry, an historic opportunity to create a better settlement for the future, and I look forward to us all working together to achieve that, but that is not what the motion before us is about.

This debate is about protecting the rights of this House so that we can do the job we were elected to do—of holding Ministers to account and ensuring high standards in ministerial office, as set out in the ministerial code.

The ministerial code is not just a matter for the Prime Minister; it is a matter for this House. The motion before the House asks that the Secretary of State be referred to the independent adviser on Ministers’ interests, and nothing in Sir Alex Allan’s reply to the Prime Minister today changes that. There are two issues at stake here: misleading the House and failing to take responsibility for his special adviser.

[Alun Cairns (Vale of Glamorgan) (Con)]

Sir Alex Allan’s response clearly said—[Interruption.] I am reading from the letter that was placed in the Library of the House, which clearly states:

“I do not believe that I could usefully add to the facts in the case”.

Does not that undermine the statements that the right hon. and learned Lady has just made?

[Ms Harman]

The process is that where there is a prima facie case—where there are facts—it is for the independent adviser to look at those facts and to make a judgment about whether the ministerial code—

[Alun Cairns]

rose—

[Ms Harman]

Will the hon. Gentleman just let me finish?

It is for the independent adviser to make a judgment on whether the ministerial code has been breached so that he can advise the Prime Minister on whether, in his view, there has been such a breach. That is due process. When there are facts out there that tend to indicate a breach of the code, the process is to have the independent adviser able not only to hear the argument from the person in respect of whom a breach has been alleged but to look at the facts that are out there. That is the process by which the Prime Minister can then make his decision.

It is very telling that the Prime Minister is doing everything he can to stop that process taking place. That is why—

[Alun Cairns]

rose—

[Ms Harman]

I will not take another intervention from the hon. Gentleman, but I would say to him as a Back Bencher—

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[Ms Harman]

I will proceed, if I may.

Despite the interventions, I know that Members in all parts of the House regard the question of truth, accuracy and full disclosure to Parliament as fundamental. We cannot settle for anything less if we are to hold Ministers to account. Putting it at its very lowest, there is prima facie evidence that the Secretary of State failed to give accurate and truthful information to the House.

On 3 March 2011—[Interruption.] I ask hon. Members to bear with me while I set out what I believe to be the facts at issue. On 3 March 2011, in reply to the hon. Member for Banbury (Tony Baldry), the Secretary of State told the House that in respect of his handling of the Murdoch bid for BSkyB he had published

“all the documents relating to all the meetings—all the consultation documents, all the submissions we received, all the exchanges between my Department and News Corporation.”—[Official Report, 3 March 2011; Vol. 524, c. 526.]

I have here the documents that he published on that day. Many of them, such as written ministerial statements, the European intervention notice and press releases from the European Commission, were already in the public domain.

But when the Murdochs came to give evidence to the Leveson inquiry, we discovered that all the exchanges had not been published. No: there had been literally hundreds of exchanges between the Secretary of State’s Department and News Corporation that he had not published. Over the course of many months, both when the bid was the responsibility of the Business Secretary and when it was his responsibility, there had been literally hundreds of exchanges—texts, e-mails, reports of phone calls—none of which had been disclosed to this House. So while on 3 March 2011 we were told that the pile was only this big, a full year later, on 24 April, and thanks only to the Leveson inquiry, we discovered that it was this big. Even though the Secretary of State says that he did not know of the volume and content of the exchanges between his special adviser and News Corporation, he did know of their existence, because, as he told the House on 25 April, he had authorised those exchanges.

There is a second occasion where there is prima facie evidence of the Secretary of State not being accurate and truthful to the House. In answer to a question from my hon. Friend the Member for East Lothian (Fiona O’Donnell) during his statement to the House on 25 April, he said that he

“made absolutely no interventions seeking to influence a quasi-judicial decision that was at that time the responsibility of the Secretary of State for Business.”—[Official Report, 25 April 2012; Vol. 543, c. 973.]

But it emerged during evidence to the Leveson inquiry that on 19 November 2010, when it was—

[Alun Cairns]

Will the right hon. and learned Lady give way?

[Ms Harman]

I am trying to set out—[Interruption.]

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[Ian Lucas (Wrexham) (Lab)]

Justice must not only be done, but must manifestly be seen to be done—Lord Justice Hewart’s pronouncement is fundamental. It applies to our courts, and it should apply to Ministers acting in a quasi-judicial capacity. The integrity of a Minister’s decision-making process depends substantially on that process being accepted by those who observe it. That is especially so when the decision is one with a high public profile, and few processes have a higher public profile than this process has had.

Out there, people are saying to me that the Secretary of State has no credibility considering the integrity of the process that he followed. We know that he was in favour of the News International bid, and that from the outset he made proposals supporting its acquiring BSkyB. We have heard today, and he has confirmed from the Dispatch Box, that he was making representations to the Prime Minister to meet the Business Secretary. Will he intervene on me to say that he did not make such a representation? The reason he is not coming to the Dispatch Box to intervene is that he knows that he made that representation—a memo to the Prime Minister asking to meet the Business Secretary, which he should not have done. That was his evidence to the Leveson inquiry.

[Alun Cairns]

Will the hon. Gentleman give way?

[Ian Lucas]

I will not give way at this point.

We know what the Secretary of State’s views were at the outset, and we know that the facts disclose that he is not an impartial Culture Secretary. We also know that he does not support the people who worked with him in carrying out his ministerial role. We know that he nominated Adam Smith to manage the relationship with News International. He did not, on the other hand, appoint anyone to manage the relationship with people opposed to the proposal, and the level of contact with opponents of the proposal was in no measure anywhere near that with News International.

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[Mr Whittingdale]

The hon. Gentleman is absolutely right that the Secretary of State for Culture, Olympics, Media and Sport was put in a difficult position because he was given responsibility after expressing a view, but I do not agree that he was the wrong person to be given that responsibility. This was such an important matter that almost anybody given the responsibility would have had a view. The important thing is that, having been given the responsibility, he put aside his view and judged the matter clearly and solely on the advice he received. That was precisely what he did.

[Alun Cairns]

Will my hon. Friend confirm that the letter from the Secretary of State to the Prime Minister was made available to the permanent secretary and the Cabinet Secretary when they advised the Prime Minister on whether the Secretary of State could take responsibility?

[Mr Whittingdale]

My hon. Friend is absolutely right. It has been made clear that the decision to pass responsibility to my right hon. Friend was made after he had indicated that he was on record expressing a view on the merits of the bid before he was given that responsibility.

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[Mr Sutcliffe]

My right hon. Friend the Member for Southampton, Itchen raised that point in his questions to the Secretary of State. He also raised the issue of the relationship between the Secretary of State and the special adviser. I am beginning to support the ideas of the Chairman of the Public Administration Committee. If an independent adviser had had an opportunity to see that there was a problem—because it was a problem raised by Members in all parts of the House—that person could have investigated further. That was not the situation. I ask Members of all parties to consider how the public see this matter in relation to the wider issues. The press have taken a view, but how do the public get to find out what has taken place?

I have been a strong supporter of this House over many years, and believe we should be able to inquire about things through our Select Committee processes and so forth. As a Minister, I was happy to appear before Select Committees. There is an untold story here, however, and until it is told, with the opportunity for questioning, we will never know what happened. That is a terrible position for the Secretary of State to be in. I respect him and have had good dealings with him over many years, but I think he has been left in a vulnerable position by the Prime Minister, because an independent person has not at least had an opportunity to ascertain the facts, after which the Prime Minister can make a decision.

[Alun Cairns]

The reality is that the Secretary of State was questioned for six hours at the Leveson inquiry by a Queen’s counsel, and did not use parliamentary tactics of avoiding questions in different ways. Is the hon. Gentleman saying that six hours of questioning by an independent QC was inadequate?

[Mr Sutcliffe]

The Secretary of State was not asked any pertinent questions at the Leveson inquiry about the issues we are raising today.

On the subject of Leveson, we will have to wait and see the conclusions, but we all hope it makes recommendations that we can all support. The cost of that inquiry is also in the public mind, however. The Prime Minister put it across that Leveson would deal with this issue, but Leveson himself has said he could not deal with it for the reasons we heard earlier. I think it would have been cleaner and more appropriate for the ministerial code to have been employed. We have all argued for that code over the years, and having a story unfold under that code can be a protection for Ministers, not just a means to hold them to account. That has not happened, however. Questions remain unanswered, and as long as that remains the case the Secretary of State will continue to be in a difficult situation.

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[Alun Cairns (Vale of Glamorgan) (Con)]

I am really disappointed by the way in which the Opposition have treated this debate. They seem to subscribe to the doctrine that if they say something often enough people will start to believe it, but that undermines the whole integrity of Parliament and, certainly, makes people question their integrity, purpose and motivation.

We heard from the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who is not in her place but opened the debate, a dismal litany of allegation after allegation, yet her fox has quite obviously been shot by the letter from Sir Alex Allan, who clearly states:

“I do not believe that I could usefully add to the facts in this case”.

Later in the debate, we heard from the hon. Member for Wrexham (Ian Lucas), who on the one hand argued that the case should be referred to Sir Alex Allan, on the other said that Sir Alex was a poodle and not wholly independent—and then started misquoting the Public Administration Committee. So let us be frank: even if the case was referred to Sir Alex Allan, the Opposition would not like the outcome, because he says that he could not add to any of the evidence that has been presented.

[Christopher Pincher (Tamworth) (Con)]

Does my hon. Friend not agree that the approach adopted by Opposition Members is an hypocrisy of which J. Arthur Rank would have been proud?

[Alun Cairns]

I could not have described it better myself, and I am grateful to my hon. Friend.

[Chris Bryant]

Will the hon. Gentleman give way?

[Alun Cairns]

I will in a moment.

I remind the House that it took 23 minutes for the shadow Secretary of State to come to the judgment that the Secretary of State should resign and, then, that he should be referred to Sir Alex Allan. That judgment—

[Chris Bryant]

Will the hon. Gentleman give way?

[Alun Cairns]

I will in a moment.

That judgment came directly from testimony by James Murdoch and Frédéric Michel, the quality of whose evidence on other occasions the right hon. and learned Lady had herself questioned. So it took her 23 minutes to make that judgment—on someone whom she had doubted in the first place.

[Chris Bryant]

Well, it took the Prime Minister 15 minutes to decide that the Secretary of State was innocent. Let me turn to the hon. Member for Vale of Glamorgan (Alun Cairns), however, because he read out the Whips’ question earlier about Sir Alex Allan, but he is a member of the very Committee that stated:

“We felt, however, that he”—

Sir Alex Allan—

“was unsuited to this role because he did not convince us that he would be able to demonstrate the independence the post requires.”

Now, I know that the hon. Gentleman hardly ever turns up to the Committee, but that was his Committee’s conclusion.

[Alun Cairns]

We have already heard from the hon. Gentleman and from his hon. Friend the Member for Wrexham selective misquotations of the Public Administration Committee’s report, but, whatever Opposition Members say, time and again we can point to Sir Alex Allan’s letter, in which he states that

“I do not believe that I could usefully add to the facts in this case”.

Sir Alex is fully aware of what has been said at the Leveson inquiry, what has been said here in the Chamber and what has been said at the Culture, Media and Sport Committee, so Opposition Members are calling for—

[Paul Flynn]

Will the hon. Gentleman give way?

[Alun Cairns]

I am sorry, but because of the limit I do not have time to give way to the hon. Gentleman, who I know has shown a strong interest in the matter.

Opposition Members are calling for the matter to be referred to someone, but if they do not like the outcome they will come out with the same judgment and call for the Secretary of State to go.

The key question is, was the issue handled properly? I say, absolutely yes and the Secretary of State has demonstrated the highest integrity, because at each and every stage he followed independent advice, which often went against the Murdoch interest. We have also heard that, because the Secretary of State followed that independent advice, James Murdoch was absolutely furious, so if there was a conspiracy it was pretty poorly planned.

Much has also been made of the letter from the Secretary of State to the Prime Minister, but, in view of the lobbying from the anti-Murdoch campaign leading up to that letter, and in view of the communications that I as a mere new Back Bencher had, I would be surprised if there was any Member who did not have a personal view on the issue. It would be almost impossible to pick out any Member, and certainly any Minister, who did not have an initial view on the matter. That is why the Secretary of State acted with the utmost integrity by taking advice and following it at each and every stage, and he did so because, as the letter shows, he was aware of the risk of a judicial review from the Murdochs and from the other side. He had no option other than to follow independent advice at every stage, and I am very glad he did.

I am extremely disappointed by the dismal litany that we heard from the right hon. and learned Member for Camberwell and Peckham. She and other Labour Members should be judged by their own standards, and I would point to their former Prime Ministers and their special advisers.