Ministerial Code: Investigation of Potential Breach

Baroness Donaghy Excerpts

Thursday 25th May 2023 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I simply do not agree with the right reverend Prelate. The Prime Minister has been clear that professionalism, integrity and accountability are core values of the Government. A number of inquiries have been set up by the Prime Minister. He has moved quickly to set them up and to take steps when they have been completed. Most recently, he moved very quickly on the matter of the Home Secretary, which was causing a distraction earlier in the week. He consulted the independent adviser, who advised that on this occasion further investigation was not necessary, and the Prime Minister accepted that advice. As I said before, we need to be very careful to ensure that the Prime Minister has ultimate responsibility for the Ministerial Code. He reissued it in December when he came to power and he has made it clear that it is important that it is followed.

[Baroness Donaghy (Lab)]

Perhaps I can just ask for clarification from the noble Baroness. There was some discussion in 2018 about whether the Ministerial Code mandated Ministers to behave in a certain way. This related to compliance with international law. The noble Baroness will remember a certain Mr Brandon Lewis, who said in the House of Commons that he intended to break international law

“in a very specific and limited way”.—[Official Report, Commons, 8/9/20; col. 509.]

That led to the resignation of a top civil servant and of the noble and learned Lord, Lord Keen of Elie. However, it did not lead to the resignation of the then Attorney-General, who is the subject of this particular complaint. The young lady is not fit for high office in any case, but surely if the Court of Appeal says that the Ministerial Code does mandate compliance, how on earth can the Government justify any variation?

[Baroness Neville-Rolfe (Con)]

I was on the Back Benches when this important situation occurred in 2018, but I would say that the Ministerial Code is a matter for the Prime Minister and the Prime Minister’s judgment, as the noble Baroness said. I think she was trying to make a point about the current Home Secretary. However, I would say that we should allow the current Home Secretary to get on with her job. The distraction of the last week has been considerable. She is trying to do the right thing in a whole series of areas, from public order to immigration. She has apologised, expressed her regret on the matter of the speed awareness course and paid the fine for speeding. Some feel that that issue has been conflated and is a bit of a distraction. She needs to be given the opportunity to get on. The Prime Minister has looked into the matter and she has written at great length to explain the exact circumstances of it. You always end up looking at an individual case, as the noble Baroness did, but I am clear that this is the right approach.