Ministerial Code: Investigation of Potential Breach

Angela Rayner Excerpts

Tuesday 23rd May 2023 Commons Chamber

[Angela Rayner (Ashton-under-Lyne) (Lab)]

(Urgent Question): To ask the Chancellor of the Duchy of Lancaster if he will make a statement on the criteria for launching an investigation into a potential breach of the ministerial code.

[The Minister for the Cabinet Office and Paymaster General (Jeremy Quin)]

The ministerial code sets out the standards of conduct expected of Ministers in how they discharge their duties. The code is the Prime Minister’s document, but Ministers are personally responsible for deciding how to act and conduct themselves in the light of the code and for justifying their actions and conduct to Parliament and the public. The Prime Minister is the ultimate judge of the standards of behaviour expected of a Minister and of the appropriate consequences of a breach of those standards. Ministers remain in office only for so long as they can retain the confidence of the Prime Minister.

The Independent Adviser on Ministers’ Interests is appointed by the Prime Minister to advise on matters relating to the ministerial code and, as hon. Members will be aware, that may include considering matters of ministerial conduct. The independent adviser has published terms of reference, which state that if

“there is an allegation about a breach of the Code, and the Prime Minister, having consulted the Cabinet Secretary, feels that it warrants further investigation, the Prime Minister may ask the Cabinet Office to investigate the facts of the case and/or refer the matter to the independent adviser on Ministers’ interests.”

With regard to the matter concerning the Home Secretary, which has been the subject of recent coverage, the Prime Minister made it clear to the House yesterday that he is receiving information on the issues raised. Since returning from the G7, the Prime Minister has met both the independent adviser and the Home Secretary and asked for further information. It is right that the Prime Minister, as the head of the Executive and the arbiter of the ministerial code, be allowed time to receive relevant information on this matter. Hon. Members will be updated on this in due course.

[Angela Rayner]

Thank you, Mr Speaker, for granting this urgent question. This is an urgent matter, because our constituents expect those who make the rules to follow the rules, especially the Minister responsible for upholding the law. There are serious questions to answer following reports that the Home Secretary asked civil servants to organise a private speeding course. Will the Minister start by confirming whether the Home Secretary did or did not ask civil servants for help in this matter?

After days of dither and delay, and as the Minister just pointed out again, the Prime Minister still has not decided whether his ethics adviser should investigate. When can we expect to know what the Prime Minister is thinking on this matter? Was the Prime Minister made aware of the issue when he appointed the Home Secretary?

The ministerial code is clear that Ministers must not use their position for personal gain or ask civil servants to help them in a private matter. Does the Minister condone attempts to use the civil service for personal matters, or does he think that any potential breach of that principle should result in an investigation? Reports suggest that officials raised concerns about the Home Secretary’s conduct in emails sent to the Cabinet Office, with the full awareness of the permanent secretary. Officials are said to have been instructed to disregard the request. Was that the case, and if so, on what basis? Furthermore, if the Home Secretary did authorise her special adviser to tell journalists that there was no speeding penalty, that would surely be classified as a Minister asking officials to breach the civil service code. Does the Minister agree that that amounts to the breach of the ministerial code?

As the Minister knows, the Home Secretary already admitted to breaching the code by using personal emails to share sensitive Government information. How many strikes before she is out?

[Jeremy Quin]

The right hon. Lady has made a number of contentions there, and I will not get into speculation about the events in question. She will have heard the Prime Minister being clear yesterday that he was informed of the issue while on the service of the country at the G7 in Japan. He has returned from the G7 and is gathering information, but what we know of the Prime Minister is that he will deal with these issues properly and professionally. The first part of that is to gather the information required on which he can take a view, and that is what he is doing.