Ministerial Code (Culture Secretary)

Debate between Bernard Jenkin and Baroness Bray of Coln

Wednesday 13th June 2012 Commons Chamber

[Mr Jenkin]

That would be a matter for the independent adviser, not the Prime Minister, to decide.

At the start of the present Parliament, the Committee resolved not to inquire into individual cases. Accordingly, we have made no judgment of any of the evidence on the conduct of the Secretary of State, which others in the House seem to have done. It is therefore not for me to say whether the Prime Minister should refer the Secretary of State to the independent adviser. It is highly unlikely that there are many right hon. or hon. Members who take a disinterested view of the evidence. Indeed, some of those named on the motion have already called for the Secretary of State’s resignation; they have already made up their minds. I put it to the House that this is effectively a vote of confidence in the Minister, rather than a decision of the House whether or not to refer.

That is precisely why it should be for the independent adviser himself to decide whether to investigate. That would take the decision out of the political arena and place it firmly in the hands of a person who is impartial in these matters. That is the basis of everything I have said on this matter. I have never made a judgment about the merits or otherwise of the case in question.

[Angie Bray]

Will my hon. Friend give way?

[Mr Jenkin]

If my hon. Friend will forgive me, I will not.

Now that Sir Alex Allan himself has said that the Leveson inquiry’s probing and taking evidence under oath means that he does not believe that he could usefully add to the facts in this case, I personally wonder why the Opposition are persisting with the motion.

This does not absolve the Government from addressing many awkward questions. I have too many remarks for the time available, but they concern matters that the Government might not want to hear about, including the role and function of special advisers. I am happy to inform my hon. Friend the Member for Maldon (Mr Whittingdale) that the Public Administration Committee had already embarked on an inquiry into this subject before the resignation of Adam Smith, which served only to intensify the debate about numbers of special advisers, about what they are really there for, about whether the new code of conduct for special advisers is effective, and about how special advisers should be held accountable for what they do, and to whom. Under the Blair Administration, the role of special advisers was changed. Happily, it has now changed back, but this has done something to change the terms of trade for special advisers in government, and Whitehall is still adapting to that change. Our inquiry is exploring that matter.

There are further questions to which we still need answers. Whom did Adam Smith really believe he was serving in his role as go-between? Was it his Secretary of State, who is nominally responsible for the conduct of special advisers under the ministerial code? Or was it “the government as a whole”? That is a phrase I use advisedly, because the code was changed under the new Government, and all special advisers now serve “the government as a whole”. Has that phrase subtly changed the accountability of SpAds so that they are now no longer clear about to whom they are ultimately accountable?

What is the role of the permanent secretary in the supervision of the conduct of a special adviser, who is, after all, still a civil servant? I would even go so far as to ask—perhaps controversially—whether the top of the civil service has lost some of the self-confidence and authority that in yesteryear might have seen a permanent secretary act more decisively in such a situation. I hope that we will never again see a special adviser fired from his job for doing what he believed to be the right thing, simply because he had been left in ignorance of the boundaries of conduct that he should have observed.

National Referendum on the European Union

Debate between Bernard Jenkin and Baroness Bray of Coln

Monday 24th October 2011 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

It is a pleasure to follow the right hon. Member for Birkenhead (Mr Field), who has long made measured contributions to such debates, but I want to draw attention to my hon. Friend the Member for Gravesham (Mr Holloway), who is not in the Chamber. He made the speech of the night so far by bringing his integrity and judgment to the fore at the expense of his political office in the Government. The House should respect him especially for that.

The fact is that this debate is beginning to show a pattern. Members who reflect the widely held public sentiment that our relationship with the European Union is not quite right and that something needs to change are all in favour of a referendum, whether that means a modest renegotiation or, like my hon. Friend the Member for Kettering (Mr Hollobone) says, leaving the EU altogether. Members who have spoken against the motion are determined to keep the relationship the same, at least for the time being.

I fully respect my right hon. Friend the Foreign Secretary, who says that he wants to repatriate powers, but as with St Augustine and chastity, he wants repatriation, but not yet. We know that public opinion overwhelmingly shows a strong sentiment for a fundamental change in our relationship with the EU. Unfortunately and sadly for the House, on an occasion when we could reflect our voters’ genuine concerns on this vexed subject, which has riven politics and both parties over many years, we will vote perhaps 4:1 against what we know most of our constituents would prefer.

[Angie Bray (Ealing Central and Acton) (Con)]

Does my hon. Friend accept that although the country is undoubtedly interested in all matters EU, it is probably more interested in issues such as growth and jobs? Does he also accept that a referendum at this time would simply create uncertainty, which would hardly be conducive to attracting the foreign investors that we need to help with growth and jobs?

[Mr Jenkin]

I am grateful to my hon. Friend for that point, but this issue has come to the fore because it is about not only democracy and consent, but growth and jobs. If the coalition came into being for anything, it was for the deficit reduction programme. That is its raison d’être. It might not have escaped her notice that that programme is in trouble, because the economy is not growing. There are many reasons for that—the US, the crisis in the eurozone, and our country’s indebtedness and excessive taxation—but one fundamental reason is that we are overburdened with European regulation. That is why a majority of businessmen in this country now say that the advantages of the single market are outweighed by the disadvantages.