Tunisia, and European Council

Bernard Jenkin Excerpts
Monday 29th June 2015

(9 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. A single, short sentence question could now represent a parliamentary triumph. I call Mr Bernard Jenkin.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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Will the Prime Minister explain how a mere promise of treaty change can be made legally binding?

Lord Cameron of Chipping Norton Portrait The Prime Minister
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In very much the same way, when Ireland had a treaty change and a protocol addressing that treaty change, the referendum took place in Ireland before all the other countries’ Parliaments had passed the treaty change, so this has happened on previous occasions across the European Union.

Oral Answers to Questions

Bernard Jenkin Excerpts
Wednesday 10th June 2015

(9 years, 3 months ago)

Commons Chamber
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David Mundell Portrait David Mundell
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The hon. Gentleman will know from the Second Reading debate on the Scotland Bill that there was some uncertainty on the SNP Benches about whether proposals would be brought forward to put in place the SNP’s previous policy of full fiscal autonomy. I now understand that such proposals will be brought forward, but only on the basis that other parties with a real interest in Scotland will vote them down.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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Will my right hon. Friend explain to SNP Members how the Barnett formula actually works? If there are spending cuts in English Departments, it follows that there are cuts in Scottish spending as well. If they support the Barnett formula in the vow, they presumably understand why these reductions have to be made.

David Mundell Portrait David Mundell
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It is not clear what the SNP understands in relation to fiscal matters, but I agree at least with the new hon. Member for Edinburgh East (Tommy Sheppard) that fiscal autonomy for Scotland would be “a disaster”.

Oral Answers to Questions

Bernard Jenkin Excerpts
Wednesday 25th March 2015

(9 years, 6 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. There are so many noisy private conversations taking place it is quite difficult to hear the Minister’s answer. Let us have a bit of order for the Chair of the Public Administration Select Committee of the House of Commons.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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At what may well be my right hon. Friend’s last appearance in the House of Commons at the Dispatch Box, may I remark that his five-year term as Minister for the Cabinet Office in charge of civil service policy for the Government will have truly left its mark not just on the civil service but on this House? His tenacity, commitment and sincerity are of great credit to him.

Lord Maude of Horsham Portrait Mr Maude
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I am extremely grateful to my hon. Friend for his kind remarks. I pay tribute to him for the way in which he and his Committee have held us to account for what we do. He has done that consistently and persistently. It has not always been comfortable, but that is what the House of Commons is for.

Oral Answers to Questions

Bernard Jenkin Excerpts
Wednesday 11th February 2015

(9 years, 7 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. A great many very noisy private conversations are taking place in the Chamber. We should have a bit of order, not least so that we can hear the Chair of the Public Administration Committee, Mr Bernard Jenkin.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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7. What plans he has to improve the effectiveness of his Department in co-ordinating planning and implementation across Government Departments.

Oliver Letwin Portrait The Minister for Government Policy and Chancellor of the Duchy of Lancaster (Mr Oliver Letwin)
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That is a question on which the Public Administration Committee has focused for a long time, and very welcome it is too.

The creation of the implementation unit in the Cabinet Office has done a great deal to increase implementation capabilities throughout the Government, and I am glad to say that we have launched a series of other initiatives to bring Departments together. We have created the better care fund, the stabilisation unit, the international energy unit and the troubled families programme, and we intend to continue the process.

Bernard Jenkin Portrait Mr Jenkin
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During the inquiry that we conducted on future challenges facing the machinery of Whitehall, we found that, so far, the Government have been very good at imposing departmental spending limits, but there is a capability deficit when it comes to cross-departmental financial planning and management. How do the Government propose to address that?

Oliver Letwin Portrait Mr Letwin
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I agree that it needs to be tackled. I think that the most signal example is the relationship between local authorities—in particular, adult social care departments—and the health service. We are now focusing on that above all, and trying to prevent circumstances in which a failure to pool budgets leads to worse results for patients. I think that we shall then have a model that we will try to use in many other areas.

Iraq Inquiry

Bernard Jenkin Excerpts
Thursday 29th January 2015

(9 years, 8 months ago)

Commons Chamber
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David Davis Portrait Mr Davis
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When the hon. Gentleman listens to what I intend to say shortly, he will realise that Sir Jeremy Heywood certainly does not want to rush the report, and there are some reasons for that of which I do not approve.

I have been asked by a number of colleagues why I believe that the delay has occurred. The truth is that no one in this House knows, not even the Minister. There is not enough information in the public domain, which is why the motion requires an answer to that exact question from Sir John Chilcot. Nevertheless, there are some clues. For clarity, I should say that I do not believe, at this stage at least, that the witnesses are the cause of the delay, and I say that because I think that one of them will be speaking later.

Some of the delay is undoubtedly down to the conflict between the inquiry and Whitehall—Sir Jeremy Heywood and others—about what can and cannot be disclosed. What the inquiry can publish is wrapped up in a series of protocols that have criteria so broad that a veto on publication can virtually be applied at Whitehall’s discretion. Compare this with the Scott inquiry into the Iraqi supergun affair. It also covered issues of incredible sensitivity in terms of national security, international relations, intelligence agency involvement, judicial propriety and ministerial decision making. Sir Richard Scott was allowed to decide himself what he would release into the public domain, unfettered by Whitehall. By contrast, Sir John Chilcot, who is a past Northern Ireland Office permanent secretary, who chaired an incredibly sensitive inquiry into intercept evidence, and who is considered a responsible keeper of Government secrets, is tied up in protocols, subject to the whim of Whitehall.

We know there have been long negotiations between the inquiry and Sir Jeremy Heywood, the Cabinet Secretary, and his predecessors over the disclosure of some material, most notably correspondence between ex-Prime Minister Tony Blair and George W. Bush. There is no point whatsoever in the inquiry if it cannot publish the documents that show how the decision to go to war was arrived at. Chilcot himself wrote in a letter to the Cabinet Secretary:

“The question when and how the prime minister made commitments to the US about the UK's involvement in military action in Iraq and subsequent decisions on the UK's continuing involvement, is central to its considerations”.

The negotiations between Chilcot and Jeremy Heywood concluded only in May last year, when it was announced that an agreement had been reached. The process was clearly frustrating for the inquiry: Sir John Chilcot queries why it was that

“individuals may disclose privileged information (without sanction) whilst a committee of privy counsellors established by a former prime minister to review the issues, cannot”.

He was of course referring to Alastair Campbell and Jonathan Powell’s respective diaries, which quoted such information. Sir John stated in his letter that documents

“vital to the public understanding of the inquiry's conclusions”

were being suppressed by Whitehall. That is ridiculous. If that is the approach taken, nothing will be learned and there is little purpose in the inquiry.

The inquiry protocols are symptomatic of a mindset that seems to assume that serving civil servants are the only proper guardians of the public interest. That leads me to a particular problem: if a Minister is asked to make a decision that affects him, his family, his property or even his constituency, he is required to withdraw—in the jargon, to recuse himself—from the decision and have somebody else make it. That does not say that the Minister is corrupt; it simply means that one can avoid the appearance of corruption and any chance of an improper decision, and it removes the risk of unconscious bias. It is a proper procedure. No such rule applies for civil servants.

This inquiry process is littered with people who were central to the very decisions the inquiry is investigating. Sir Jeremy Heywood was principal private secretary to Tony Blair for the entire period, from the 9/11 atrocity through to the first stage of the Gulf war, yet he is Whitehall’s gatekeeper for what can and cannot be published. Even the head of the inquiry secretariat, Margaret Aldred, was deputy head of the foreign and defence policy secretariat and therefore responsible for providing Ministers with advice on defence and policy matters on Iraq, and she was nominated to the inquiry by the Cabinet Secretary of the day.

All of that would matter less if the ridiculous restrictive protocols that Whitehall has imposed on the Chilcot inquiry were not there. Like Scott, Sir John Chilcot should be allowed to publish what he thinks is in the public interest, and not what Whitehall thinks is acceptable.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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Will my right hon. Friend allow me to intervene?

David Davis Portrait Mr Davis
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If my hon. Friend will forgive me—

Bernard Jenkin Portrait Mr Jenkin
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I want to intervene on this—

David Davis Portrait Mr Davis
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I know, but I am making progress.

Bernard Jenkin Portrait Mr Jenkin
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Will my right hon. Friend give way?

David Davis Portrait Mr Davis
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No.

To finish my point, if that had been the case, we might well have had the inquiry report already and there would be less public concern about an establishment cover-up.

We also know that the Maxwellisation process is causing some delay. Those due to be criticised in the final report are being allowed lengthy legal consultation. Although this is a necessary part of the process, strict time controls are needed. It cannot be right that those who are to be criticised can delay publication for their own benefit.

Finally, let me deal with the question of preventing publication during the run-up to the general election. Purdah periods exist for a simple reason: to prevent Governments from using their power to publish information that would give them electoral advantage. They are not to prevent impartial information from being put in the public domain—[Hon. Members: “Hear, hear”]—so why delay a deliberately impartial report of vital interest to the nation just because the election is pending? It is nonsense. I say to those who are cheering that, frankly, it is not clear that there will be much political advantage anywhere. It was started by a Labour Government, but it was supported by the current Prime Minister, who spoke in favour of it even as late as 2006; the current Labour leader did not vote for it because he was not in the House. There is complete confusion about where there could be any advantage, but the public interest should trump any interest of party advantage and that is why publication should not be delayed by the election.

The Iraq inquiry has been a missed opportunity. Terrible mistakes were made but, fatally, we have so far failed to learn our proper lessons from them. Douglas Hurd, the former Foreign Secretary and in no way an anti-establishment figure, has branded the endless delays a “scandal”. He is right. It is a disgrace. It is an insult to those who died on our behalf in that war and a betrayal of the people they died to protect. That is why I ask the House to pass the motion today.

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Richard Ottaway Portrait Sir Richard Ottaway
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The hon. Gentleman is right—we have been debating these things for a long time. He neatly leads me into the final part of my speech, which is the appearance of Sir John Chilcot before the Foreign Affairs Committee next Wednesday, when, I hope, we can establish answers to such questions. I want to give him a chance to put the record straight.

Sir John Chilcot is a distinguished public servant who has done his best to assist the country. There is no finger of blame pointed at him, or there will not be next Wednesday afternoon, and I quite accept that he will not be able to discuss substantive matters when he appears before us. What I want him to talk about is the process, and I want him to guide us on how to streamline procedures for the future, and maybe to provide the answers to the hon. Member for Islington North (Jeremy Corbyn).

Bernard Jenkin Portrait Mr Jenkin
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I am pleased that my right hon. Friend is going to see Sir John Chilcot in front of the Foreign Affairs Committee. Would he ask him about the role of the Cabinet Secretary? It is suggested by some, as we heard earlier from my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), that somehow he is irrevocably conflicted, even though he is only negotiating what might be published, not what the inquiry can see. Will my right hon. Friend put that question to Sir John, so that he can fairly say whether he feels that the Cabinet Secretary has been obstructing or not? I suspect not.

Richard Ottaway Portrait Sir Richard Ottaway
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That is a fair point and I will have a look at my hon. Friend’s request. I do not make a promise but clearly, the Cabinet Secretary and the role of the Cabinet Office are highly relevant to all this. I want to give Sir John an opportunity to answer the questions. Whether he chooses to do so or feels able to do so is a matter for him.

In conclusion, what we want to try and find out is what has gone wrong and how we can deal with such matters in the future, so that these situations never happen again.

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Dominic Grieve Portrait Mr Grieve
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Yes, my hon. Friend is right. Maxwellisation provides people with the opportunity to respond to passages in a report that relate to them. In such circumstances, a reasonable period needs to be allowed for the process.

The point made by the right hon. Member for Blackburn (Mr Straw) is valid: if it is many years since a witness gave their evidence, it will take them longer to consider their response than if the process occurs a few weeks afterwards. However, I would still hope that a period of a few months was sufficient to conclude the process. That was why I was surprised, first, that the report was not published at the end of 2012 and, secondly—I must say that I am even more troubled by this—that we will not get it before the next general election.

Bernard Jenkin Portrait Mr Jenkin
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I will commit the sin of asking a question in the House to which I do not know the answer. Why is it called Maxwellisation? We used to talk about Salmon letters.? Is this process different or more protracted, and is it an opportunity for lawyers to extend the process for which they are paid?

Dominic Grieve Portrait Mr Grieve
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The terms mean one and the same thing. As with so many descriptions used in government, there is no difference between them. They started out as Salmon letters, but since Mr Maxwell’s experience the process has been described as Maxwellisation. I am sure that either term can be used.

Is Maxwellisation an opportunity for lawyers to crawl over the report? I hope not. At the end of the day, it gives the person going to be criticised an opportunity to explain whether they agree or disagree with the criticisms, and in the light of any representations made it gives the inquiry members an opportunity to think about whether they wish to change their conclusions.

I must say, however, that the report is not ultimately holy writ. It will obviously have a marked effect, but it is the opinion of the inquiry. As long as the opinion has been arrived at reasonably and the process has been fair, the inquiry has to go ahead and produce its conclusions. Disagreements should not therefore lead to endless ping-pong. At some point, the inquiry has to come to a conclusion about whether or not it wishes to accept a representation. That is why I would not expect a Maxwellisation process to go on endlessly.

What has made me anxious is my impression that the Maxwellisation process seems hardly to have begun in many cases. For me, that raises these questions: has a further problem over the documentation led to the delays or has some other phenomenon crept in and caused the delays, and why has the Maxwellisation process taken so long to commence?

Bernard Jenkin Portrait Mr Jenkin
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As the inquiry is not a judicial one, do its findings have the legal immunity required to protect the authors of the report from judicial proceedings if they publish something defamatory or deeply unfair? Is that part of the reason why the process is taking longer?

Dominic Grieve Portrait Mr Grieve
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I can see where my hon. Friend is coming from, but his question goes into the realms of speculation. On the face of it, if the inquiry, which has been properly set up and conducted, makes a report—a Privy Council report—to Parliament, I do not see why such an issue should arise. My concern is to get an explanation.

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Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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I am pleased that my hon. Friend the Member for Southend West (Sir David Amess) spoke before me and came up with some very practical suggestions about how things could be done. I am particularly pleased because those suggestions really underline the fact that we allowed the Government of the day to set up this inquiry in a haphazard and casual way.

I speak as someone who straddles two aspects of this matter. I was shadow Defence Secretary at the time and often spoke from the Dispatch Box in the run-up to the Iraq war. I am also taking part in this debate, in answer to the hon. Member for Islington North (Jeremy Corbyn), as someone who feels a deep responsibility for what has happened as a consequence of that war. It may surprise the hon. Member for Perth and North Perthshire (Pete Wishart) that I agree with a phrase of his speech. It is that we need to understand the “set of conditions” that allowed us “to pursue this particular course of action”. It would have been nice if that had been put into the terms of reference, to which I will come in a moment.

The origins of the Chilcot inquiry go back beyond 2006, to which my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) adverted. I also congratulate my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) on securing this debate, because it has proved already to be a very informative and interesting discussion.

Just to go back to the origins of the inquiry, I have in my hand the resolution that was tabled by the then Leader of the Opposition, my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith). Another five of us were named on the motion, including me and a future leader of the Conservative party, now Lord Howard of Lympne. The motion said:

“This House is concerned at the growing public confusion since the summer adjournment as a result of increasingly conflicting accounts of intelligence relating to and events leading up to the recent Iraq war and what has happened since; and calls for the setting up of a comprehensive independent judicial inquiry into the Government’s handling of the run-up to the war, of the war itself, and of its aftermath, and into the legal advice which it received.”

How long was it before we actually got an inquiry, and a rather watered down inquiry at that? Let me explain why we called for the inquiry at that point—and this is a significant point. I came back from Iraq shortly after the invasion, having been on a shadow ministerial visit to Basra and had a comprehensive briefing. I then tabled a paper to the shadow Cabinet on what I had found that had caused me a great deal of concern. The paper on post conflict Iraq mentioned

“the widening gap between expectations and reality.”

It said:

“Many are wondering how much longer before the coalition’s window of opportunity closes.”

I went on to explain that what we needed was a proper comprehensive plan, a road map and benchmarks in order to structure a proper coalition provisional Administration, backed by the necessary civilian and military resources. In the addendum to the paper, I wrote, “Quagmire?” and for that I pay tribute to the hon. Member for Bradford West (George Galloway)—and it may disturb him that I am doing so. Of all the speeches that we heard on that fateful day when we voted to go to war, his was the most disturbing. I chose the word “quagmire” because I remembered him saying that we were entering into a quagmire.

We had done our best to satisfy ourselves from the Opposition perspective that there was plenty of planning. It is true that there was plenty of planning in Washington, but the problem was that the Americans had more than one plan. They had a Rumsfeld plan and a State Department plan and there was a competition between the two of them over which should be implemented. But neither plan was based on any proper understanding, depth of assessment or analysis of what we were going to find when we got in there, which is why it became evident so quickly that we were facing a disaster. I wrote:

“Currently all the elements for protracted insurgency warfare exist, though there is every opportunity to prevent the situation deteriorating.”

There was an inability to get anyone to hear this message in Government and, I confess, even some in my own party—this was the Government’s problem, not our problem. It is the same kind of truth blindness to which my hon. Friend the Member for Gravesham (Mr Holloway) referred in the British political establishment, in the civil service, among the political leaders.

Jeremy Corbyn Portrait Jeremy Corbyn
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Who does the hon. Gentleman think took the extraordinary decision to destroy the whole of the state structures in Iraq after the invasion, dismiss all the armed forces and the police and leave chaos behind?

Bernard Jenkin Portrait Mr Jenkin
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Yes, it was Ambassador Bremer. In my paper, I wrote:

“The Bremer administration has 3,000 US officials, only 16 of which are Arab speakers. 650,000 Iraqi Government officials have failed to return to work.”

There was a complete misappreciation in the first 100 days —the golden 100 days after the invasion—that we were sitting on a volcano. I remember asking questions from the Opposition Benches such as, “What are we going to do about the Iranian insurgents coming over the border?” The border between Iraq and Iran was completely open. There was flat denial that any of this mattered or was actually happening.

What this inquiry cannot do is resolve the controversies about legality or intelligence, which have been raked over so many times. So many other inquiries have looked at those things. What this inquiry must do is address the machinery of government problem, the capacity problem—the understanding problem to which my hon. Friend the Member for Penrith and The Border (Rory Stewart), the Chairman of the Defence Committee so capably referred.

The Select Committee on Public Administration produced—this is the other side of the equation in this debate—no fewer than three reports in the last Parliament about how to conduct inquiries. We produced a report at the beginning of this Parliament entitled “Who does UK National Strategy?” The informal answer that I received from the then Chief of the Defence Staff, which we put in our report, was nobody. Nobody holds a strategic concept for the United Kingdom. No one creates a single document and keeps it updated on how we are to conduct our statecraft in this increasingly troubled world in which we are increasingly vulnerable.

I say to the right hon. Member for Blackburn (Mr Straw) that we found that the Foreign Office had an aversion to any kind of strategy. Culturally, it does not like the idea of being tied to a plan, misunderstanding that a plan is different from strategy. We need to learn. How does the machinery of government allow us to go to war without a better understanding of the consequences? Those consequences have led to a complete loss of confidence in this Chamber in the ability of Whitehall to make those judgments, as my hon. Friend the Member for Gravesham said.

What sort of reform do we want to be able to drive—as my hon. Friend the Member for Penrith and The Border asked? Why does this disconnect exist between what people in Whitehall think is going on or think that they are able to control and what the people on the ground find out is actually going on and are unable to control?

When I came back from Basra on that occasion, I remember reporting to the shadow Cabinet that I had asked the General Officer Commanding in Basra what message he wanted me to take back home. He said in slightly less proper language, “Where the hell is DFID? What is the plan? What are we meant to do now?” There was no plan. I do not apologise for complaining about the lack of a plan in the aftermath because it reflects exactly what the General was saying. There is a lack of seriousness, a lack of trusting people who come with challenging information and uncomfortable truths.

We need more capacity in Whitehall to learn and understand, to gather real knowledge and information—capacity for analysis and assessment, which paradoxically we do quite well in the intelligence field through the Joint Intelligence Committee, unless it is sat on by political appointees. We need the ability to choose realistic objectives for our foreign and security policy; to formulate comprehensive plans and then be able to implement them.

As we wait for the inquiry to conclude and to report its findings, we must reflect on the process that we feel has failed us. The first lesson is that it is too late—much too late. It started too late, and it is taking far too long. Why did we not set a time limit? Leveson was set a time limit; why did we not set one for the Iraq inquiry? I have struggled to find definitive terms of reference for the inquiry. In fact, the terms of reference are drawn from a long and rambling statement made from that Dispatch Box by the then Prime Minister, who boasted about how broad and comprehensive and utterly large it was going to be. One wonders whether the words “long grass” were lurking at the back of his mind—the longer the better.

This House failed. This House failed to create an accountable inquiry process. We let it happen. We were all so desperate for an inquiry, so desperate to get it started, that we lost our perspective. If this was a judicial inquiry, as we originally called for, the issues of conflict of interests of people involved on the fringes of the inquiry would not be allowed to arise. There would not be any question about people being able to give their evidence in public, immune from prosecution, which the Chilcot inquiry has been unable to do. We could have ensured the inquiry’s independence. Speakers in this debate have asked why there are no politicians, lawyers or military figures on the inquiry. All those questions were asked when the inquiry was set up, and we are all now ruing the fact that those suggestions were not adopted.

I will recommend that my Committee follows up this inquiry in the next Parliament, covering such questions as how inquiries are established, why, what for, how they operate, judicial or parliamentary, lessons from the terms of reference, how the timing is organised when they are set up and how long they are allowed to sit. I fear this inquiry will turn out to be a shadow of what we really need and we will not learn the lessons. We did not learn the lessons before we went to Afghanistan, before we went to Libya, before we threatened Syria, and these are lessons that we must learn.

Norman Baker Portrait Norman Baker (Lewes) (LD)
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I thank the Backbench Business Committee for facilitating this debate in my name and those of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and my hon. Friend the Member for Leeds North West (Greg Mulholland), who for personal reasons is not here today. I regret that we are debating the non-publication of the report rather than the report itself—a report that, as others have said, the previous Prime Minister, no doubt in good faith, indicated in 2009 should be published within a year. We still have no date for publication. Last week’s letter from Sir John Chilcot to the Prime Minister talked about taking “further months”—a phrase I think was also used in 2011. It is crucial that we have a time scale, which we do not have now.

It is a great disappointment to me and an insult to the British people that the report is not to be published before the general election. I am grateful that the Foreign Affairs Committee is to question Sir John Chilcot on 4 February. We do not know the reasons for the delay in publication, although some have been suggested today. One speaker suggested that there has been a shortage of staff, in which case, I suggest, Sir John Chilcot might have drawn that to people’s attention rather earlier, to get more resources. We have also heard about the Blair-Bush material—he says that that is now completed—and the Maxwellisation process, although we are not clear how far that has got.

May I ask the Foreign Affairs Committee to address these questions when it has Sir John Chilcot before it next week? How many people have been sent information to which they have been invited to respond? I am not asking for names, simply numbers. When did they receive the letter from the inquiry? What deadline was set for a response? There is some suggestion in the media that Maxwellees, if I can call them that, have sought expensive legal advice. Is any such person having his or her legal costs met from public funds? I think we ought to know that. Maxwellees have been given full access to the original documents or evidence used to support the criticism, and that is quite right, but we need to be clear whether their lawyers have been given the same access. I imagine they have been, if they are defending those individuals, in which case, have they been subject to clearance vetting for the material they see? Those all seem to me to be relevant questions.

Sir John Chilcot must have known of the desire of Members of Parliament to have the report published in good order, and of its importance. That is a point that many Members have made to Sir John, both publicly and privately. I made it to him when I saw him personally shortly after his inquiry was set up, and I reiterated it in a letter to him of 25 April 2014, which in turn followed an article in the Daily Mail the day before that suggested that a delay might take it past the general election. Why was no action taken at that point to ensure that the process could be speeded up, a whole year out, notwithstanding the other delays that have been referred to across the House this afternoon?

It is clear that Sir John Chilcot is totally independent—that is absolutely right—but we have a right to a statement from him next week on the process as to why the report is taking so long and a deadline for his action, which is one reason why I urge hon. Members to support the motion today.

The report is important because in the period 2002-03 the normal processes of Government were bypassed, the normal safeguards were trampled over, and a case was made for war that I believe the then Prime Minister knew to be false. We have talked about sofa government; that is exactly what happened at the time. I did not vote for the war, but other hon. Members did, believing that they should support the Prime Minister of the day when he had given such a clear undertaking that there was a problem. They feel betrayed by that process, as do our British servicemen and their families as a consequence of that war.

In September 2002 the Prime Minister told the House that the dossier—the famous dodgy dossier that was referred to earlier—was “extensive, detailed and authoritative”. Lord Butler, in his subsequent and underrated report—in civil service jargonese, but quite useful—called the report “vague and ambiguous”—very different from what the Prime Minister said. But the dossier had one element that the press were actively encouraged to cover—the 45-minute claim. So we had headlines in The Sun, saying “Brits 45 mins from doom”, and in the Evening Standard, “45 mins from attack”. What utter nonsense. There was no basis for that whatsoever. It was known by those in government—I include the right hon. Member for Blackburn (Mr Straw), for whom I also have time—that if it was accurate in any sense, it related to battlefield munitions, not long-range weapons. Robin Cook raised those matters with the Prime Minister and others in government at the time, as he says in his diaries. The 45-minute claim was clearly bogus, yet it was allowed to be the headline, without correction. The then Defence Secretary, Geoff Hoon, when asked about this in the Hutton inquiry, refused to correct it and said it was not his business to correct what newspapers said that was not accurate.

How did this happen? We know that it happened because the Prime Minister of the day asked Alastair Campbell to chair meetings overseeing the production of the dossier. How can it be right that a political special adviser is asked to oversee intelligence information and is able to change the details of that intelligence information in the report? Alastair Campbell suggested 13 changes, 10 to strengthen language and three stylistic. These are not simply minor matters. The dossier, when it came to Alastair Campbell, said:

“The Iraqi military may be able to deploy chemical and biological weapons within 45 minutes of an order to do so.”

He changed “may be” to “are”, and John Scarlett agreed with that alteration, which he should not have done either. Yet Alastair Campbell told Lord Hutton that he had no influence “whatsoever”—that is his word—on the words in the dossier. Hans Blix subsequently said that question marks in the dossier had been replaced by exclamation marks.

The second dossier, in February 2003, entitled “Iraq: Its Infrastructure of Concealment, Deception and Intimidation”, was copied, as has been said, from an article in the Middle East Review of International Affairs, and not even copied very well. It refers to the 1991 Gulf war, in any case. What a disgrace that that should have been put out in the Government’s name at the time.

Lastly, there is the Matthew Rycroft memo from July 2002, which subsequently appeared in the papers before 2005. That included an assessment from the head of MI6 at the time, Sir Richard Dearlove, of his recent visit to Washington. He was reported as saying:

“C reported on his recent talks from Washington…Military action was now seen as inevitable. Bush wanted to remove Saddam through military action…but the intelligence and facts were being fixed around the policy.”

That is what was said in 2002. In April 2002, Tony Blair, giving a speech to the George Bush Senior presidential library in Crawford, Texas, said:

“we must be prepared to act where terrorism or weapons of mass destruction threaten us…if necessary…it should involve regime change.”

There can be no question but that this was all ramped up in order to get the House of Commons to agree to a war that had no justification whatsoever, and that the Prime Minister was party to that, as were others in government at the time, who were clearly very serious.

The events of 2002 are important in themselves and also highly relevant to today. Processes were abandoned. One process that was abandoned—I tried to intervene on the right hon. Member for Croydon South (Sir Richard Ottaway), who would not give way—was the so-called inquest on David Kelly. The right hon. Gentleman called it an inquest. It was not an inquest; it was a non-statutory inquiry under Lord Hutton. The inquest was stopped by Government Ministers, who took the coroner off the case. What a schoolboy error from the right hon. Gentleman. I am sorry to say that if he is going to throw insults at people, he should at least get his facts right when he does so.

Bernard Jenkin Portrait Mr Jenkin
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Will the right hon. Gentleman give way?

Norman Baker Portrait Norman Baker
- Hansard - - - Excerpts

I had better not. I am sorry.

Normal processes were abandoned. We need to know what happened so that we can stop it happening again.

Oral Answers to Questions

Bernard Jenkin Excerpts
Wednesday 7th January 2015

(9 years, 8 months ago)

Commons Chamber
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Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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Although transferring civil servants to other locations and downsizing are necessary, do they not make the whole business of managing the personnel in the civil service much more difficult? Will my right hon. Friend give full backing to the new chief executive of the civil service to strengthen the data held by the Cabinet Office on the skills and capabilities among civil servants so that we do not disrupt the training and career paths of the people on whom we depend?

Lord Maude of Horsham Portrait Mr Maude
- Hansard - - - Excerpts

As my hon. Friend well knows, the quality of data in central Government that we inherited was not good. It is getting better, but there is much more that needs to be done. The new chief executive of the civil service, who has got off to a terrific start, has a lot of experience in the management of big, complex dispersed organisations from his business background and I am sure that he will want to discuss that further with my hon. Friend.

European Council

Bernard Jenkin Excerpts
Monday 27th October 2014

(9 years, 11 months ago)

Commons Chamber
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Lord Cameron of Chipping Norton Portrait The Prime Minister
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As ever, the hon. Lady has hit the nail on the head: it is not the who knew what when, but the bottom line that matters. I have been very clear: we are not paying €2 billion on 1 December—[Interruption.] Let me finish. We are not paying a sum anything like that. That is very clear. As I have said, when the economy grows, we can pay a bit more, but when the economy shrinks, as it frequently did under Labour, we pay a bit less, but what is not acceptable is a €2 billion bill and we will not be paying it.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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May I remind my right hon. Friend that our net contribution to the European Union is already larger than our fastest growing expenditure programme on overseas aid and we are paying that money to an organisation that has not had its accounts signed off for 19 years? Therefore, may I commend him for taking a robust stand on this matter, and will he undertake to make sure that Parliament gets a vote before we pay another penny?

Lord Cameron of Chipping Norton Portrait The Prime Minister
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My hon. Friend is absolutely right: we should be seeking value for money for every penny that we give. Of course, we should not forget that every year we are effectively paying about £2 billion more because Labour gave away part of the rebate. That is what happens. Labour Front Benchers make plenty of noise now, but when they were sitting on the Government Benches they betrayed Britain by giving away the money. Let us remember: why did they give away the money? They gave away the money because there was a promise of reform of the common agricultural policy, and they got absolutely nothing.

Iraq: Coalition Against ISIL

Bernard Jenkin Excerpts
Friday 26th September 2014

(10 years ago)

Commons Chamber
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Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
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I do not think there is any significant controversy about the moral and legal case for what is proposed, and in five minutes I will not set it out. The world would be a better place if ISIS was destroyed, and Britain would be a safer country without doubt. The legal case for intervention in Iraq is clear with its Government’s inviting us, and I think it is pretty clear in Syria because of the genocide and the humanitarian disasters being inflicted on that country. I do agree that it is artificial to divide the two problems: the Sykes-Picot line is a theoretical line on the map now, and there is absolutely no doubt that ISIS has to be defeated in both countries.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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Given that one of the principles of counter-insurgency is to deny the enemy a home base, is it not absolutely essential that we back the American efforts in Syria? Otherwise, we will never defeat ISIS in Iraq. For people to suggest that we cannot go to Syria is actually tying our hands behind our backs.

Lord Clarke of Nottingham Portrait Mr Clarke
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I agree with my hon. Friend. President Obama has been quite open that the alliance we are joining is going to launch attacks on ISIS in both Syria and Iraq, and it is unrealistic to proceed on any other basis.

The real debate, to which I would like to contribute briefly, and which is the only issue for the vast majority of people in this House and for the vast majority of our constituents, is: where are we going; what is the long-term purpose; what is the strategy; and how are our foreign policy, our politics and our diplomacy going to be better on this occasion than they have been for the last 15 years?

The disaster of past occasions is not that we attacked pleasant regimes; we attacked evil men when we attacked Hussein, when we got rid of Gaddafi, when we attacked al-Qaeda in Afghanistan, and we would have been doing so if we had attacked Assad’s chemical installations last year. It is no good going back. I supported two of those: Libya and Syria last year. I was dubious about one of the others; and I opposed Iraq. That is not the point. What happened in all those cases was that the military deployment produced a situation at least as bad as it had been before and actually largely worse.

Ukraine (Flight MH17) and Gaza

Bernard Jenkin Excerpts
Monday 21st July 2014

(10 years, 2 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The hon. Gentleman’s book must be due for a further reprint.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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Will my right hon. Friend recognise that the utility of military force, and of having enough of it, is not what one might wish to deploy in combat now, but what one has available to shape the global strategic environment, which many would rightly say is what we lack today?

Lord Cameron of Chipping Norton Portrait The Prime Minister
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I agree with my hon. Friend that it is what we have available—what is deployable—that counts, but I disagree with the suggestion that we do not have the sort of capability we need. When it came to providing additional air policing for the Baltic states, who was able to step up to the plate? It was Britain, because we have the relevant fighter aircraft and other aircraft. When it came to the conflict in Libya, who had the right capabilities for deploying the Typhoon, air-to-air refuelling and the other surveillance aircraft? I am not saying that everything is perfect, but by getting rid of mainland European battle tanks and bases in Germany and replacing them with deployable assets that can be used in modern conflict, I think that we have made some progress.

Civil Service Reform

Bernard Jenkin Excerpts
Thursday 3rd April 2014

(10 years, 6 months ago)

Commons Chamber
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Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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I beg to move,

That this House has considered the Eighth Report from the Public Administration Select Committee, on Truth to power: how Civil Service reform can succeed, HC 74, and the Government response, HC 955, and the First Report from the Liaison Committee, on Civil Service: lacking capacity, HC 884, and the Government response, HC 1216.

I shall be as swift as I can, Mr Deputy Speaker.

I am grateful to the Backbench Business Committee for giving me the opportunity to speak about these two reports. The main conclusion of both of them is that our civil service faces challenges that can be addressed only through the establishment of a cross-party commission on the future of the civil service in Parliament.

Let me make clear at the outset that there is far more on which we can agree than disagree. I support many of the current reforms, such as those involving procurement, the work of the Efficiency and Reform Group and innovations in IT and digital government, but who would disagree with the suggestion that reforms such as those, although necessary, are not sufficient? This is not to denigrate Ministers or civil servants; indeed, this is an opportunity for us to thank all civil servants and pay tribute to their dedication and achievements; but when concerns do arise, they all raise questions about accountability, trust—particularly trust between Ministers and officials—and leadership. Those are fundamental, and determine whether reform will succeed or fail.

The civil service is one of the great institutions of state. Under our constitution, the Executive exercises the royal prerogative, and enjoys substantial control over the legislature and appointments to the judiciary. Governments come and go, and, in the absence of a codified constitution or formal separation of powers, it is this body of permanent officials that underpins the constitutional stability of our country. That is why a permanent and impartial civil service was established. The civil service has no separate legal personality: the Crown, Ministers and the civil service are, in law, indivisible. However, under the Constitutional Reform and Governance Act 2010, Parliament rather than the royal prerogative is now the legal source of authority for the management of the civil service, and it therefore falls to Parliament to address the future of the civil service. The only question is how that can best be done.

Some take the view that Ministers need more power, especially power to appoint and dismiss officials, while others believe that any move in that direction challenges the very principle on which the present civil service is founded. These questions should therefore be decided by Parliament, which is the only institution with the legitimacy and authority to do so. We can all agree that reform should be based on cross-party consensus, but that consensus cannot be a private one between Ministers and aspirant Ministers. It should be based on the widest possible range of evidence from those with practical and academic expertise and experience: think-tanks such as the Institute for Public Policy Research, Reform, and the Institute for Government. However, Parliament as a whole should be the guardian of that consensus, which is why any commission on the civil service should be a parliamentary commission.

Caroline Spelman Portrait Mrs Caroline Spelman (Meriden) (Con)
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Over the last 17 years we have been in a unique position, as Ministers in all three main parties have had relatively recent experience of working with the civil service. Would not cashing in on that recent experience—particularly coalition Government Ministers’ experience of interacting with the civil service—be very valuable to the understanding that Parliament can bring to this matter?

Bernard Jenkin Portrait Mr Jenkin
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I wholly agree. I am extremely grateful for my right hon. Friend’s support for the proposal, and for her indication of willingness to serve on the commission should the House of Commons invite her to do so.

The launch of GovernUp today—to coincide with the debate—by two of the sponsors of the motion is something to celebrate, but it is also further evidence of the urgent need for a commission. I congratulate my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) and the right hon. Member for Wentworth and Dearne (John Healey), but I am sure they will agree that too many excellent think-tank reports on the civil service have sunk without trace. Only Parliament can put the necessary authority behind a programme of reform: a parliamentary commission could not be ignored.

Anne Begg Portrait Dame Anne Begg (Aberdeen South) (Lab)
- Hansard - - - Excerpts

Will the commission’s remit include the Scottish civil service, which after all is the responsibility of the home civil service? It is not clear at the moment where the demarcation lines lie, or, indeed, where accountability lies, especially as there is quite a fevered political atmosphere in Scotland at the moment and it is not always clear that the Scottish civil service is acting with the impartiality one would expect.

Bernard Jenkin Portrait Mr Jenkin
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I am grateful for the hon. Lady’s intervention, and I can in fact inform the House that the Public Administration Select Committee is doing something very specifically on the impartiality of the civil service—and we still only have one civil service in the United Kingdom—in respect of the conduct of referendums. I am going to avoid being distracted by that topic, however.

Lord Maude of Horsham Portrait The Minister for the Cabinet Office and Paymaster General (Mr Francis Maude)
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On a pure point of fact, since 1922 the civil service in Northern Ireland has been separate.

Bernard Jenkin Portrait Mr Jenkin
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Touché, as they say. I am most grateful for that information. I am sure it would have been in the Government’s evidence to our Committee.

Before I continue, I draw the House’s attention to the names on motion 36 under “Remaining orders and notices” in today’s Order Book. Motion 36 would set a more limited remit than we originally proposed and determine the Commons membership of the commission on the civil service. The other place indicated last week that it would reciprocate and I can inform the House that the former Lord Justice General of Scotland and the former Deputy President of the Supreme Court, Lord Hope of Craighead, has indicated that he would chair this commission if invited to do so. The names of former Secretaries of State, former Ministers and the clear majority of chairs of Select Committees on our motion, along with the support of the other place, represent a real and powerful cross-party consensus that would give civil service reform the impetus and urgency it needs.

As we consider accountability, trust and leadership at the top of Government, it is important to understand what extraordinary demands we place on Ministers and senior officials. Ministers are accountable to Parliament for the performance of their Departments, like directors to their shareholders, but unlike in almost any other walk of life they have to rely on people they do not appoint and cannot easily remove. In addition, today’s Ministers feel accountable for a system that has become somewhat unaccountable.

PASC has watched the Government’s policy on the civil service evolve. To start with there was much talk about change in Government but no plan for how change would be led and implemented. In our 2011 report “Change in Government: the agenda for leadership”, PASC recommended that the Government should formulate a comprehensive change programme articulating what the civil service is for. The civil service reform plan of 2012 indicates that the experience of Ministers in Government has had an impact on their thinking about the civil service, but it does not meet our recommendation.

Mark Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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On the urgency of the task, I note that the date for this commission to report is my birthday, which will be a lovely birthday present, and I also note the juxtaposition of that date with the timing of when this House will be dissolved ahead of a general election. Does having this commission reporting just before the House is dissolved meet my hon. Friend’s desire urgently to address this whole issue?

Bernard Jenkin Portrait Mr Jenkin
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The alternative is that we put it off. Perhaps the commission could finish more quickly, but these are very large and difficult subjects to deal with. The proposal one hears in the corridors of Westminster is that people want to put this off until after the general election. I suggest we cannot wait and I will come on to that point.

The civil service reform plan was published two years later and most Ministers past and present today still agree that getting things done takes far too long and what is often presented to Ministers or implemented is too late or not of sufficient quality. The Minister for the Cabinet Office himself told us there had even been examples of “deliberate obstruction” of ministerial decisions by officials. My right hon. Friend has also described civil servants as:

“Fabulous...Able, bright, energetic, ambitious to change the world.”

I am sure he would agree that no one joins the civil service to block Ministers or Government policy. People join it with the best of intentions and motivations, to serve the country, so why would Ministers feel that those same civil servants are blocking or frustrating their decisions, or not giving truth to power? Why would officials feel that that was the right or only way to act?

We do not need to rehearse examples of recent Whitehall failures, but we do need to ask why they occur and how Whitehall can learn from them. What are the common factors? We all agree that there is too much churn at the top in Whitehall, leading to discontinuity and loss of experience. How did it get like that? Problems such as a lack of key skills and competences are far from new, so we must also ask why, after repeated efforts to reform Whitehall in the conventional way over the past few decades, the same problems persist. The hardest thing to reform in any organisation is people’s attitudes and behaviour, yet there is little reference to attitudes or behaviour in the civil service reform plan, even though they should be the primary consideration.

There has been much attempted reform over the years, focusing on organisation and skills, but those leading change need to understand why people behave as they do. Unless they can change that, the job titles might change, but few will change how they work. Indeed, much of Whitehall is fatigued by reform. Many feel they have done all they can to embrace change but have become cynical and learned how to keep their heads down until the latest initiatives pass by. I think that Ministers refer to that as the “bias to inertia”—a prevalent attitude and a common behaviour that together militate against risk taking and undermine accountability.

When we speak of accountability, it is not simply a question of forcing obedience to ministerial orders so that instructions are carried out more directly, or finding who to blame when things go wrong. Accountability is much more about trust: not just about trusting people to take responsibility for carrying out their tasks and using their judgment, but about those people in turn trusting that the problems they face will be taken seriously, now and in the future, by those to whom they are accountable. Accountability and trust depend on shared understanding—it is a two-way street. Within that framework, people become willing to take responsibility and to be held to account. And when things get difficult and mistakes are made, as always happens, openness and trust become even more essential if there is to be learning and improvement.

This is the only way to improve accountability to Parliament and to citizens, and to avoid repeating mistakes. We need to analyse what accountability feels like in Whitehall today, given today’s intense pressures of the 24/7 media, freedom of information and more active Select Committees, and then to imagine what it should feel like. What, if any, change can be achieved unless we identify what attitudes and behaviour destroy trust? We need to identify those attitudes and develop a plan to change them. We do not have time to wait for attitudes to change. Far too many good people have got fed up with waiting, and they just leave. Also, far too much money is being wasted. As the Institute for Government pointed out this week, the spending challenge in the next Parliament will be much harder than in this one.

Another point on which all four signatories to today’s motion agree is that these challenges cannot be fixed by Whitehall from within. That is not to disparage the present Whitehall leadership. No organisation facing this kind of challenge can change without external analysis that is both independent and, in this case, democratically accountable. The lack of such analysis is the reason other reforms have failed. A sustained change in attitudes and behaviour has to be initiated by a renewed, united and determined leadership of Ministers and officials that encourages mutual understanding and co-operation and is enthusiastic to learn from external scrutiny and analysis.

This will mean Whitehall’s leaders listening and learning to develop new skills. Ministers and officials are so pressed by the immediate economic, political and international issues that they will surely need external support and scrutiny to achieve this. Of course, some will find this difficult to accept, but what is the alternative?

The remit proposed in motion 36, endorsed by the Public Administration Committee and the Liaison Committee, concentrates on the key issues: accountability, trust and leadership. I am pleased that the proposed parliamentary commission commands widespread and respected support. Professor Lord Norton of Louth, a leading constitutional academic, told my Committee that he supports a “full-scale proper review”. The Government’s lead non-executive director, Lord Browne of Madingley, said that such a review is “long overdue”. He also said that

“the biggest single obstacle to progress in government”—

was—

“the question of organisational learning, in particular from experiences of failure.”

He made the key point that

“stories of failure... are the only powerful mechanism for learning.”

Jonathan Powell, the former chief of staff to Tony Blair, told us that without a commission

“we will lose opportunities to be better governed and to get more stuff done”.

We understand why Ministers fear that it could be a distraction from implementing current policies and reform programmes, but without this wider review no civil service reform will be sustained.

Some fear that this review will become too vast a project, but this is not another Fulton committee. Not only was Fulton allowed to take far too long, but the committee was not based in Parliament and so it became divorced from the reality of government, lacked parliamentary authority and had a flawed remit. In a brilliant “Yes Minister” act of sabotage, its remit denied Fulton the right to consider any aspect of the relationship between Ministers and officials. There is no vote on the commission today, but I hope that colleagues on both sides will endorse the view that the proposed parliamentary commission is not just a good idea, but Parliament’s duty. I hope they will join all those already pressing for this to be brought to a vote in the Lobby as soon as possible.

None Portrait Several hon. Members
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rose—

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Lord Beith Portrait Sir Alan Beith
- Hansard - - - Excerpts

I understand the hon. Gentleman’s concern. My list was much longer than that. It included people with experience in the private sector and—as I was about to say but did not due to the shortage of time—in the armed forces.

Bernard Jenkin Portrait Mr Jenkin
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If the commission were chaired by a Cross Bencher in the other place, there would be no space on the committee for a former Cabinet Secretary.

Lord Beith Portrait Sir Alan Beith
- Hansard - - - Excerpts

I suppose I ought also to say that it would be an amendable motion in any event. Before I was elected to the House, I used to give university lectures about the civil service at the time of the Fulton report. My lecture notes would be of little use today as so much has changed. The Fulton report was itself trying to catch up with change, but so much has happened since then. The civil service is now far less an administrator of services and much more a buyer of services. Back-office outsourcing has been a major development. The Minister knows that I have some concerns that we will not have a footprint of the civil service in the smaller towns and communities around the country if we do not manage that carefully to take advantage of good people who are available, as in my own constituency.

The civil service can no longer be treated as a protected environment where private sector disciplines of personal responsibility, value for money and management of risk have no place. Much policy making is now international—in the European Union, the World Trade Organisation and the United Nations. We are a less centralised state, at least in Scotland, Wales and London, with some devolution to cities and combined local authorities. Departments cannot continue to operate as sole owners of policy, living in separate silos, when so many of the problems we have to address—crime prevention, public health and skills for employment, to name just three—can be solved only on a cross-departmental basis. This means that money needs to be spent in one Department when the consequent savings will be earned in another Department. Money spent dealing with alcohol problems will save money in prison places, for example. Our system is not designed to accommodate such decisions.

The Prime Minister’s office expects to be much more closely involved in many areas of policy, and questioning in the Liaison Committee has been developed to get at that and establish just what the Prime Minister’s office is doing when it has a guiding role—some would say an interfering role—in policy. Perhaps that is an unfortunately pejorative term. Many would say that it is right that the Prime Minister exercises a significant influence on policy development, but it has made a different character of work in at least some Departments.

The Treasury’s role is nowadays quite often one of encouraging specific expenditure as well as blocking other expenditure—a more active role than it sometimes played in the past. Select Committee scrutiny has pulled back the veil of ministerial responsibility and rightly opened up much more what actually happened when decisions were taken. Coalition Government has required new procedures to be developed, and Ministers are as impatient as ever to deliver policy change. The Government have sought to accommodate that through the idea of extended ministerial offices, but I am still unclear whether any Department has followed the Cabinet Office with an extended ministerial office. Perhaps the Minister can tell us.

Amidst all this there are key features of the British civil service that most of us are very anxious to keep, including political impartiality—a civil service that can serve any Government—high ethical standards and the ability to attract people of the highest ability. Resolving these things is not a simple matter. It needs some careful thought. We need to hand on to the next Parliament a well-thought-out understanding of the future of our civil service and how it can be achieved.

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Baroness Hodge of Barking Portrait Margaret Hodge
- Hansard - - - Excerpts

I entirely agree with that comment.

Finally, I want to talk about the conventions on responsibilities and accountabilities within the civil service and between civil servants and Ministers. The system is no longer working, and we need to rethink it. That is the extent of the complexity of the issues we are confronting. We need to deliver this in a sustainable way that will work across the political parties. The current position is frustrating for Ministers and for civil servants. We can look at the situation at the Ministry of Justice and at the Department for Work and Pensions, where I think there is a reluctance to speak truth to power, or at the Home Office, with the experience regarding the UK Borders Agency and the frustrations felt by Ministers.

As the hon. Member for Harwich and North Essex said, the doctrine of ministerial accountability is constructed on a basic lie. If Ministers are to be held accountable for the work of their civil servants, it is nonsensical that they can neither hire nor fire them. If we do not challenge that basic lie, we will never achieve the effective changes that we require.

Bernard Jenkin Portrait Mr Jenkin
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The right hon. Lady might be surprised to know that when I addressed 200 civil servants at lunchtime today and asked how many had read the Haldane memorandum, which remains the absolute basis of the doctrine of ministerial accountability and should affect every one of their working lives, no one put their hand up. Does that not suggest that we need to rework the whole concept of accountability into the education of civil servants so that they understand why they are accountable?

Baroness Hodge of Barking Portrait Margaret Hodge
- Hansard - - - Excerpts

The hon. Gentleman has had a very telling experience, and I agree with him.

Right across today’s world, not just in Government but in every sphere of life, better accountability and more transparency should be the order of the day, and that must feed into the way that we govern ourselves and are governed. Analysing the fact that we have a problem is much easier then finding a sustainable solution over time.

In this short contribution, I have been able only to skim the surface of some very tough issues. We need a radical overhaul of how we do Government. We need cross-party co-operation if we are to make progress. We know that we have the brightest and the best working for us in Government and the civil service, and we need to work with them to ensure that between us we properly serve the people in whose name we are privileged to govern.

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Lord Herbert of South Downs Portrait Nick Herbert
- Hansard - - - Excerpts

I find great difficulty in understanding how a cross-party Select Committee would find it impossible to come to a conclusion, but a parliamentary commission would not. Perhaps the hon. Gentleman could explain that.

Bernard Jenkin Portrait Mr Jenkin
- Hansard - -

Why does my right hon. Friend think that the think-tank he has set up would be any more objective than a parliamentary commission? Indeed, how would it be more objective when it has been sanctioned and approved by the Cabinet Secretary and the civil service—the very thing he seeks to reform?

Lord Herbert of South Downs Portrait Nick Herbert
- Hansard - - - Excerpts

I agree with the right hon. Member for Barking that we should let a thousand flowers bloom. Many will wish to do work in this area, but I doubt very much that the GovernUp initiative, which I and the right hon. Member for Wentworth and Dearne have set up, is sanctioned by the leaders of the civil service. What I specifically said was that they had agreed that civil servants could perhaps sit on a reference panel. That does not mean that they would have control over any of the body’s work. My argument is that we now need to do the work. It is the detailed research and analysis that we need to do; we do not need political grandstanding or an inquisitorial approach. That is why I think that the proposed parliamentary commission would be wrong.

I believe that the narrative of Whitehall wars, whereby Ministers are at loggerheads with civil servants, is wrong and misplaced. There is plenty of evidence that civil servants themselves seek change. Indeed, the Public Administration Committee report notes that Lord O’Donnell, the previous Cabinet Secretary, said in his evidence that

“if you really want to improve public sector outcomes, I think there is a radical transformation necessary.”

It seems to me, therefore, that the question is not whether change is necessary, but what is the nature of the change and who will make the case for it? Do we have a system that is equal to the challenges facing this country, with rising demand for services, the need to adjust to further spending reductions in the next Parliament and in the future, and the fact that we face ever greater international competition? All parties need to understand that Government reform is as significant as, and essential for, public service reform. That is why this is such an important issue.

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Bernard Jenkin Portrait Mr Jenkin
- Hansard - -

I thank my right hon. Friend the Minister and everyone who has spoken in the debate. I agree that it has been an interesting debate in which there has been a great deal of consensus and agreement. Let me just respond to the last point made by my right hon. Friend. The point we are making in our report is that it would be wrong for the Government to overrule the Civil Service Commission without Parliament having some say in the matter, because the Civil Service Commission was established by Parliament to provide precisely that kind of check and balance in the system to stop the Government making such a decision merely on the basis of royal prerogative. Personally, I am sympathetic to the idea that ministries should have more influence and choice, as they had in the past, over decisions about the appointment of permanent secretaries.

In all the speeches today, I have not heard a single solid argument against the civil service commission. Every argument in praise of GovernUp and the work it is doing is an argument in favour of the civil service commission in Parliament. How can we let one thousand flowers bloom, as the right hon. Member for Barking (Margaret Hodge) said—my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) endorsed that—if we stamp on the one flower that has democratic authority and legitimacy on the question of the civil service in Parliament?

Lord Herbert of South Downs Portrait Nick Herbert
- Hansard - - - Excerpts

It is a weed.

Bernard Jenkin Portrait Mr Jenkin
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My hon. Friend says it is a weed, but I think he demeans himself by being derogatory about so many others who have offered their service in this, including Members who are supporting—