Public Administration and Constitutional Affairs Committee
Debate between Bernard Jenkin and Jon Trickett
Jon Trickett (Hemsworth) (Lab)
Thank you, Mr Speaker, for the fairness you have always shown me in this and previous Parliaments.
The report is clear: the referendum was called to call the bluff of the Brexiteers, civil service neutrality was clearly jeopardised and, as the Chair of the Committee said, there was no preparation for the vote to leave. Is not it obvious that the referendum was held not in the national interest but in the governing party’s interest? Now, with 30 of its MPs under investigation, we are having an election, instead of focusing on the outcome of the referendum. Paragraphs 102, 103 and 104 of the Committee’s report should concern the House—and, in fact, the whole country. We have not done enough to secure our systems for either referendums or elections. In the Chair’s view and the view of his Committee, are our systems strong enough, at the time of a snap general election, in the event of a concerted cyber-attack, to which the report refers, by a foreign power or from some other source? Even at this late stage, does he think that there is anything that we can do to strengthen our systems’ resilience?
Mr Jenkin
I am grateful for the hon. Gentleman’s question. I will not tangle with all the things that he raised, but we have a pretty resilient system. The fact that the vast majority of votes cast are pencil or pen marks on bits of paper that are physically counted means that it is basically an impossible system to hack. What we need to be aware of is the vulnerability of electoral registers and systems. The dispersal of our electoral register among different electoral authorities is another source of resilience: there is not one system to hack. However, we need to be aware of what certain countries might want to be seen to be doing—what they might want to be seen to be attempting to influence the result of, or want to be thought to influence the result of. I do not think that any country influenced the result of the leave vote in the EU referendum. I do not think that the result in any election in any major country would have been altered, but we need to understand why certain countries are doing this and what psychological effect they are trying to create by attempting these things, and we need to be alert to the vulnerability of our systems.
Public Administration and Constitutional Affairs Committee
Debate between Bernard Jenkin and Jon Trickett
Mr Bernard Jenkin (Harwich and North Essex) (Con)
(Select Committee Statement): I am grateful to the Backbench Business Committee for providing time for me to present our 10th report of this Session, entitled “Lessons still to be learned from the Chilcot Inquiry”. The decision to invade Iraq has left an indelible scar on British politics. It continues to be as controversial today as it was at the time, not least because it became apparent after the invasion that it was to become a protracted and bloody affair, costing the lives of 179 UK servicemen and women, as well as those of our allies and of thousands of people in Iraq. The consequences of the decision to invade Iraq remain profound, not only for domestic politics but for our foreign and security policy and the stability of the region.
The Chilcot inquiry was established in 2009 to provide some closure to the controversy. However, in the minds of many, it was already far too late. I am reminded that the House of Commons first voted on the question of whether to have an inquiry in 2002, on a Conservative Opposition motion. For many, the length of the inquiry that was eventually established has itself has been subject to extensive criticism. Most of the reporting and discussion of the Chilcot inquiry has been preoccupied with the substance of the decision to go to war, its legality, and what happened in the aftermath of the invasion. Yet there are also lessons still to be learned regarding the machinery of government and how it operated and regarding the conduct of public inquiries, and that is what Public Administration and Constitutional Affairs Committee therefore agreed to focus on.
PACAC’s report, launched today, examines the striking extent to which Cabinet government and collective decision making were sidelined by the then Prime Minister in the run-up to the Iraq war. As was made clear in the Chilcot report, significant decisions on Iraq, pre-conflict, were taken without sufficient consultation of Cabinet colleagues. Chilcot concludes that there were 11 decision points prior to the invasion on which there
“should have been collective discussion by a Cabinet Committee or small group of Ministers on the basis of inter-departmental advice agreed at a senior level between officials”.
A worrying finding of PACAC’s report is that, if so inclined, a future Prime Minister could override the proper procedures of collective decision making without obstacle. Beyond making representations to Ministers and to the Prime Minister, and short of resignation, a Cabinet Secretary does not have any formal recourse to object if a Prime Minister chooses to disregard the procedures for decision making set out in the Cabinet manual. PACAC is in no doubt that this absence of safeguards cannot persist, and this leads to perhaps the most important conclusion in our report.
We recommend, in line with a proposal from the Better Government initiative, that the Cabinet Secretary and/or senior officials should be able to require a formal letter of direction if they are being instructed to carry out the wishes of the Prime Minister disregarding the normal procedures set out in the Cabinet manual. That would both safeguard the Cabinet Secretary’s independence and clarify their responsibility. It would also make clear to Ministers the vital importance of following proper procedure.
The second key finding of PACAC’s report relates to the establishment, role and conduct of the Chilcot inquiry itself and builds on the work of PACAC’s predecessor committee, the Public Administration Committee, which carried out a number of inquiries into the conduct and effectiveness of public inquiries. PACAC recommends that in future, before an inquiry is established, Parliament should set up an ad hoc Select Committee to take evidence on the proposed remit of the inquiry and to present formal conclusions and recommendations to the House. There should then be a full debate and vote in Parliament on an amendable motion setting out the precise terms of reference and an estimated timeframe and proposed budget for the inquiry. That should ensure that, in future, expectations are much clearer at the outset of an inquiry.
PACAC has not sought to reopen all the issues explored by Chilcot; nor has it explored whether Parliament was deliberately misled by the then Prime Minister, the right hon. Tony Blair. However, by highlighting what the Chilcot inquiry revealed about the weaknesses in the Government’s decision-making procedures, and by exploring what lessons can be learned from the inquiry for the conduct of other public inquiries, I hope that we can ensure that the processes are in place that may enable such controversies to be avoided in future. I commend the report to the House.
Jon Trickett (Hemsworth) (Lab)
I will follow the strictures to be brief.
On Iraq, the British Cabinet, the overwhelming majority in the House, much of the media, the three Select Committees, the civil service, the MOD, and the security services all came to the same false conclusion, resulting in a disastrous military adventure and deaths of hundreds of thousands of people. Subsequently, the usual and predictable procrastination, prevarication and obfuscation have, in the end, failed to reveal to the British people the truth of what happened.
The Select Committee’s report is clear that the Chilcot report failed to allow the Committee to answer the central question of whether Parliament was deliberately misled, leaving a gaping chasm right in the heart of the credibility of the British establishment. What a damning judgment after all these years.
I welcome the various recommendations in today’s report, particularly on strengthening the independence of the Cabinet Secretary and the role of the Commons, but the recommendations are, frankly, timid. Does the Chair, and perhaps his Select Committee, agree that root and branch transformative change of all our political structures and culture is required before we can honestly say to the British people that there will never again be such a failure?
Mr Jenkin
I am grateful to the hon. Gentleman for his question. I voted for the Iraq invasion. I still do not know whether I would have voted the same way had we known much more about it. The salient part is the lack of preparation, and I would not have voted for it had I thought that there had been so little preparation. Having said that, I think the jury is still out on whether, in the long term, the invasion of Iraq will have been of benefit to global peace and security.
On whether Parliament was deliberately misled, the Select Committee just did not feel qualified to make that judgment. We do not have the procedures and wherewithal in this House to conduct a fair trial of the facts. Were such a Committee to be established to do that, it would need to be a very different kind of Committee with a different kind of quasi-judicial procedures. We suggest that the House should be prepared to do that if further facts and information emerge, but Sir John Chilcot was clear that he did not hold former Prime Minister Tony Blair culpable in deliberately misleading the House, and we have to accept that view.
Finally, on whether our recommendations are timid, they are limited to what we felt able to make recommendations about. However we organise our politics, I am afraid that there will always be occasions when things go wrong. I do not think that any constitutional structure can protect us from that, although we have made some recommendations that would prevent certain things from happening again.