Counsellors of State Bill [Lords]

Brendan O'Hara Excerpts

Committee stage
Thursday 1st December 2022 Commons Chamber

[Brendan O'Hara]

I add my voice to those who have thanked everyone who was involved in bringing this Bill quickly and speedily to the Floor of the House, and to everyone who helped get it passed with such unanimity and good humour. On the subject of good humour, I have a quick history lesson for the Minister: the kingdom that he referred to as beginning in the 10th century actually began in 1603 with the Union of Crowns, when the King of Scots took the throne of the United Kingdom. That is just a brief history lesson for everyone.

[Mr Deputy Speaker]

We have all learned something today; we have also learned how speedily legislation can go through the House when everybody is agreed. It has been my honour and privilege to have been in the Chair through all those stages.

Question put and agreed to.

Bill accordingly read the Third time and passed, without amendment.

Counsellors of State Bill [Lords]

Brendan O'Hara Excerpts

2nd reading
Thursday 1st December 2022 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

I will not detain the House for too long. The Bill is what it is, and it does what it says it will do. It is a pragmatic solution to a problem that has arisen, and it is by and large uncontentious and uncontroversial. For as long as the United Kingdom chooses to have a constitutional monarch, whose role includes the granting of Royal Assent to legislation, the appointment of judges and Ministers, as well as a host of other engagements and functions both at home and abroad, there is an identifiable need to extend the number of people who can deputise for the monarch when he or she is overseas, is unwell, or is for whatever reason unable to conduct those duties.

Given that two current Counsellors of State are, for different reasons, non-working royals and have withdrawn from public life, the proposed appointment of two new Counsellors of State who can exercise those royal functions when needs be makes sense. The Bill is a reasonable workaround that provides temporary solutions to the constraints of the Regency Acts, which state that Counsellors of State are the spouse of the monarch and the first four in the line of succession. Although the Bill gets us over that inconvenient hurdle, I suggest that the Government should find a more robust and enduring way of dealing with such situations, which will undoubtedly arise in the future.

I understand why the King would want to make his brother, the Earl of Wessex, and his sister, the Princess Royal, Counsellors of State, as both have previously performed that duty for the late Queen. As an aside, will the Minister explain why on the Bill as printed the Earl of Wessex seems to be given prominence ahead of the Princess Royal? I find it a strange order in which to put them. As a wider point, rather than having to revert once again to the Regency Act 1937, using the 1953 precedent that made the Queen Mother the additional Counsellor, as if she had been appointed at the same time as others, it would probably be better to find a more formalised way to appoint people to those positions. The Bill is a quick-fix solution to an immediate problem, but it does not get over the structural issues latent in the Regency Acts. I point the Minister to a well informed post by Dr Craig Prescott of Bangor University, writing for the University of London’s Constitution Unit. He says that this question will arise time and again until it is formally sorted, and that if there is to be, as we believe there will be, a more slimmed down royal family that focuses more on the direct line of succession, such issues will need to be addressed.

I have no doubt that the Bill will pass, but I suggest that the Government should eventually get round to looking at how Counsellors of State are appointed. That said, given the current state of the United Kingdom, I sincerely hope that this issue is somewhere around No. 101 in the Government’s list of 100 things they need to do. If it is not No. 101, I suggest it should be. At some point, however, it may be worth considering the issue again.

Everyone understands that, for a whole host of reasons, the monarch cannot always be available to perform their duties. That is why over the centuries, Counsellors of State have been appointed to assist the sovereign. The current Regency Acts provide for Counsellors of State because they are important to ensure that Government business can continue to run smoothly. As the 1937 Act states, Counsellors of State should be in place to

“prevent delay or difficulty in the despatch of public business.”

Much has changed since 1937, and I hope that when the Government get round to looking at this issue again, they will consider the revolution in communication and technology, which I understand the late Queen herself embraced to great effect during the covid lockdown. If the Bill is about improving procedures and ensuring good administrative practice, we should be looking to the future, embracing that technology, and finding a better solution, rather than simply looking back to 1937 and a time when the telegram was the fastest means of communication, and the ocean liner the quickest means of international travel. Is there a barrier to stop the King signing documents by means of an electronic signature? What is there to prevent formal royal correspondence from being done via email? Is there any legal impediment to the monarch appearing via a video link to join a meeting of the Privy Council? I do not see why any of that should be controversial, so perhaps the Minister could tell me whether or not such things are possible.

Finally, on the theme of modernisation, I suspect that many people will be asking what is the point of us examining how we can help the monarchy to modernise when certain parts of the institution seem stuck in the past. The treatment last week of Ngozi Fulani at Buckingham Palace was appalling, and I am delighted that—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The Bill before the House has a very narrow scope, so perhaps the hon. Gentleman could focus on that.

[Brendan O’Hara]

Thank you, Mr Deputy Speaker. Modernisation is vital, but the institution must help itself to modernise. This Bill is part of that. We will support the Bill today, and I thank you for your indulgence, Mr Deputy Speaker.

Oral Answers to Questions

Brendan O'Hara Excerpts

Thursday 27th October 2022 Commons Chamber

[Mr Speaker]

We now come to the SNP spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I, too, welcome the new Secretary of State and his team to their place.

It has been well documented that not once in her 45 days in office did the former Prime Minister pick up the phone to our First Minister. Indeed, such was her antipathy towards the nations of the UK that one of her first actions was to farm out responsibility for the Union and intergovernmental affairs from No. 10 to the Cabinet Office. I am pleased that the new Prime Minister has talked about a good working relationship and that he has called Nicola Sturgeon. Does this mean that responsibility for the Union and intergovernmental affairs will now return to Downing Street, or will it stay with the Cabinet Office? If it does stay with the Cabinet Office, what does it intend to do with it?

[Brendan Clarke-Smith]

I remind the hon. Gentleman that the Prime Minister remains in charge of elements relating to the Union. More than 200 intergovernmental ministerial meetings took place between just January and September of this year, and the focus of those engagements was on issues including the Ukrainian conflict, delivering net zero, cost of living pressures, covid-19 recovery, freeports and myriad other matters. Transparency is key, and we will continue to publish quarterly and annual intergovernmental relations reports on gov.uk to give a snapshot of the activity and to allow the scrutiny that Members wish.

[Brendan O’Hara]

It seems that responsibility for the Union and the intergovernmental relationship has become a hot potato that is passed from Department to Department, because no one knows what it is or quite what to do with it. My suggestion to the new Secretary of State is that he uses his new responsibility to encourage the Prime Minister to respect the mandate the Scottish people gave last year, when they elected a pro-independence majority Government with a commitment to holding a referendum. Does he agree with what my hon. Friend the Member for East Renfrewshire (Kirsten Oswald) said: that a Prime Minister who was rejected by his own party members but subsequently put into office, unelected, by the MPs on the Government Benches, denying the wishes of the Scottish people in a free and fair election, is an absolute disgrace?

Heatwave Response

Brendan O'Hara Excerpts

Wednesday 20th July 2022 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Thank you, Mr. Speaker, and

I thank the Minister for prior sight of this statement.

Let me begin by paying tribute to those in all the emergency services who, once again, have gone above and beyond to help their fellow citizens in a time of crisis. Let me also extend our sympathy to the people whose homes and businesses have been destroyed in the fires that raged across parts of England.

We may not have known anything like this before, with record temperatures being set in three of the four nations of the UK and the symbolic 40°C barrier being broken in England, but, sadly, I predict that this—or something like it—is here to stay. We are all going to have to live with it, and Governments are going to have to prepare for it in the future. Climate scientists have been warning us for decades that this day was coming, and it would be disingenuous in the extreme for anyone to claim that it was a one-off freak event or dare to compare it with the summer of 1976. This is the climate emergency. This is exactly what we were told would happen if we did not change our ways. This is what COP26 was all about, and that is why those who are still part of the Tory leadership race cannot, and must not, renege on the commitment to achieving net zero in return for securing votes from the party’s base.

Can the Minister tell me where is the plan to increase and bolster resilience so that the Government’s response to the guaranteed future heatwaves is more co-ordinated and strategic than what we have witnessed on this occasion? Given the melting roads, buckling rail tracks and dissolving runways, what plans are being considered to make our critical infrastructure more resilient to this type of heat? Finally, does the Minister agree with me—and, I suspect, the vast majority of the country—that the optics of the Prime Minister’s decision to party while parts of the UK literally burned showed a complete lack of self-awareness and a complete dereliction of duty?

[Kit Malthouse]

First, let me join the hon. Gentleman in celebrating our firefighters. It is a remarkable form of public service to run towards an inferno in all circumstances, and particularly in the case of wildfires, which I know can be very challenging for firefighters to address, not least because they often cover a much wider area than, say, house fires. It was, I understand, particularly difficult yesterday because the ambient temperature was so high: firefighters have to wear very heavy clothing and equipment, so it was particularly debilitating for them physically.

As for building resilience into our infrastructure, I am sure the hon. Gentleman is aware that we have a national adaptation plan. As we go through periods like this particular heatwave, we shall need to learn the lessons and adjust that plan accordingly. For example, over the last 24 hours there has been much debate about the impact on the rail system—a wide impact, obviously—and the tolerances to which we build our railways. We need to learn from our European partners in this regard. While it may be possible to stress a railway to enable it to deal with high temperatures, that stressing may not accommodate very low temperatures—in Scotland, for instance—and uniformity across the country is critical.

The hon. Gentleman alluded to attendance at Cobra. Let me gently point out to him that the First Minister of Scotland did not attend either. Happily, the Deputy First Minister and other Cabinet Members joined us, and they were able to function perfectly well in Cobra, as I am sure the First Minister would have done.

Ministers’ Severance Pay

Brendan O'Hara Excerpts

Monday 11th July 2022 Commons Chamber

[Mr Speaker]

We now come to the SNP spokesperson, Brendan O’Hara.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Could there be a more fitting end to the tenure of one of the most discredited Prime Ministers in living memory than to have a slew of his former Ministers, motivated in the main by naked self-interest, finally abandoning the ship that everyone else could see was sinking months ago and, in the process, costing the public purse hundreds of thousands of pounds? It is quite astonishing, particularly when, for so many people across the United Kingdom, keeping body and soul together at this time of crisis is a daily challenge that will only get tougher.

I appreciate that the Minister has said that this payment is discretionary and that no one is forced to accept it, so will she join me in asking everyone in receipt of such a payment to refuse it, to return it or to donate it to charity? Will that be made public when it is done? Does she agree that this system, whereby a disgraced Prime Minister—one who is heading out the door, we think—can appoint Ministers knowing they will be entitled to severance pay in a few months’ time, is fundamentally broken and requires an immediate overhaul?

[Mrs Wheeler]

I am afraid I do not agree with the hon. Gentleman. It is quite clear that, within the three-week period, Ministers who have left can decide for themselves whether they should accept the money and make that decision clear to the permanent secretary so that no money leaves the Treasury before having to come back. I hope that is totally clear.

Standards in Public Life

Brendan O'Hara Excerpts

Tuesday 5th July 2022 Commons Chamber

[Mr Speaker]

We come to SNP spokesperson, Brendan O’Hara.

[Brendan O'Hara (Argyll and Bute) (SNP)]

Here we are again, Mr Speaker. Once again, the Minister for defending the indefensible is sent out to defend his boss, but even he must realise the frequency with which we reconvene in this place to question the veracity of the Prime Minister’s version of events; it is like being on a merry-go-round that gets faster and faster. Today, it is the turn of Lord McDonald, the former senior civil servant at the Foreign, Commonwealth and Development Office, to call out the Prime Minister’s claim that he was unaware of any specific allegations against the right hon. Member for Tamworth (Christopher Pincher) when he appointed him Deputy Chief Whip. In his letter to the Parliamentary Commissioner for Standards, Lord McDonald is unequivocal in saying that three years ago, in 2019, the Prime Minister

“was briefed in person about the initiation and outcome of the investigation.”

Lord McDonald’s letter absolutely demolishes the Prime Minister’s claims that he did not know and, once again, raises serious concerns and questions about whether he has broken the ministerial code. How much longer will we have to endure this seemingly endless merry-go-round? Will the Secretary of State now commit to holding a full and transparent investigation into this matter, and perhaps finally allow us and the people of the United Kingdom to get off this appalling merry-go-round?

[Michael Ellis]

I realise that the hon. Gentleman from Scotland wishes to make political hay out of this situation, but it really does not wash. It is not indefensible to defend natural justice. Natural justice means acting on evidence, not on gossip, rumour and innuendo. It is a fact that in this place, and in SW1 generally, there are rumours, gossip and innuendo about a multitude of issues and people. The reason journalists do not report it is that they cannot stand it up with evidence. The reason why others do not act is, in many cases, because they have not got evidence. It is not indefensible to defend the principles of natural justice and not expect people to act—to defenestrate individuals—without proof. That is the difference.

Independent Adviser on Ministers’ Interests Resignation

Brendan O'Hara Excerpts

Thursday 16th June 2022 Commons Chamber

[Mr Speaker]

We now come to SNP spokesperson Brendan O’Hara.

[Brendan O'Hara (Argyll and Bute) (SNP)]

Another day, another scandal, another humiliation for the Prime Minister as another sleaze adviser quits. Let us not forget that when Lord Geidt took this job on 16 months ago he was the personal appointment of the Prime Minister, and we were assured that his credentials were absolutely impeccable. Lord Geidt said that if he were to resign it would be a last resort, and that he would use that resignation to send a critical signal into the public domain. We need to know what critical signal he was sending out last night. As yet, we do not have details of his resignation letter. We could speculate—could it be lawbreaking? PPE contracts? Breach of international law? I am pleased that the Minister is publishing the correspondence in full, but will he define “shortly”, as opposed to immediately, and will he confirm that all the correspondence will be published in full when it is published?

[Michael Ellis]

Lord Geidt’s credentials are impeccable and remain impeccable. He is an example to people like me and to all people in public life for the service he has given to Queen and country over the course of decades. The hon. Gentleman seeks to criticise people who hold those public roles and make political points if they do not support his position, and I suggest that is not the right approach.

[Brendan O'Hara]

No, I don’t! That is shameful nonsense!

[Mr Speaker]

Order. I call Sheryll Murray.

Oral Answers to Questions

Brendan O'Hara Excerpts

Thursday 9th June 2022 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesman, Brendan O’Hara.

[Brendan O'Hara (Argyll and Bute) (SNP)]

In October 2019, the Brexit Opportunities Minister stood at the Dispatch Box and assured businesses that the “broad, sunlit uplands” of Brexit lay ahead. Yesterday, I spoke to Elizabeth, whose company, Gracefruit, has exported chemicals for cosmetics to the EU for almost two decades. She weathered the financial crash, but such was the impact of Brexit that she has told me she no longer has the

“mental or emotional energy to make a success of a once-thriving business.”

So would he like to tell Elizabeth, and all the others struggling with red tape, soaring costs and a loss of market, when they can expect those “broad, sunlit uplands” to arrive?

[Mr Rees-Mogg]

The sun is shining, metaphorically, regardless of the meteorological conditions outside. What I would say to the hon. Gentleman is that we are in charge of how this economy works, but what we cannot do is make the EU dance to our tune. If it wishes to disadvantage its own consumers—if it wishes to put up prices for its consumers—that is a matter for the EU, but we are producing a dynamic, open, free market UK economy.

[Brendan O'Hara]

The idea that the Minister for Brexit Opportunities believes that the sun is shining for small and medium-sized companies in this country is absolutely unbelievable because, in the first year following Brexit, Elizabeth’s business fell by 65%. Because of red tape and new regulations, her product line had to be reduced from 350 products to one, and the company has had to lay off 50% of its workforce. So it is Brexit that has been an unmitigated disaster for Gracefruit and so many other long-standing successful businesses. Is it not time that this Government stopped playing games with people’s lives and livelihoods and admitted that their Brexit experiment is a lose-lose for everybody, bar a few double-breasted suit-wearing hedge fund managers and City spivs?

Standards in Public Life

Brendan O'Hara Excerpts

Tuesday 7th June 2022 Commons Chamber

[Brendan O'Hara (Argyll and Bute) (SNP)]

I pass my sincere thanks to the right hon. Member for Ashton-under-Lyne (Angela Rayner) for bringing to the House this very important motion on the need to implement, quickly and in full, the recommendations made by the Committee on Standards in Public Life, which found four areas of particular concern that required significant reform.

Given the time constraints, I will limit my remarks to what I consider to be the most pressing issue: the ministerial code, which, under this Government, has hardly been worth the paper it was written on, and the role of the Independent Adviser on Ministers’ Interests. I can assure the House that if it divides this afternoon, the SNP will support the motion; if anything, the issue has been given even greater urgency as a result of the hurried, self-preserving changes that the Prime Minister made to the ministerial code in the immediate aftermath of the publication of the Sue Gray report.

Of course, the Government have tried to spin the changes that they introduced as being in line with what was recommended in the report, but we all know that the changes made to the ministerial code last week were made to protect the Prime Minister’s personal position, and to change the rules governing behaviour ahead of the upcoming inquiry by the Privileges Committee. He appears to have viewed the recommendations of the Committee on Standards in Public Life as a smörgåsbord of suggested reforms, from which he could choose those that suited him and leave out those he did not much fancy.

Surely if this was a genuine attempt at a fresh start, if the Prime Minister wanted us to believe that he had truly been “humbled” by the Sue Gray report, and if he wanted the public to believe that he had changed, he would have accepted the committee’s recommendations in full, particularly this recommendation:

“The Independent Adviser should be able to initiate investigations, determine findings of breaches, and a summary of their findings should be published in a timely manner.”

Rather, the Prime Minister has decreed that his independent ethics adviser will not be given any such powers, and will instead have to seek the Prime Minister’s permission before launching an investigation into possible ministerial misconduct.

In picking and choosing those bits of the report that suit him, the Prime Minister has, understandably and rightly, been accused of rigging the system and moving the goalposts, simply to get himself off the inconvenient hook on which he has been caught. Those on the Government Benches need to understand that the optics of this are absolutely dreadful—but then again, when has that ever been a concern to this Prime Minister of an increasingly authoritarian Government, who have repeatedly shown themselves to be allergic to scrutiny, on issues ranging from Prorogation to the awarding of PPE contracts?

On 25 May, in response to the publication of Sue Gray’s withering and damning report on the Prime Minister’s conduct and the toxic culture he allowed to fester in Downing Street, he stood at the Dispatch Box and told this House:

“I apologised when the revelations emerged, and I continue to apologise. I repeat that I am humbled by what has happened”—[Official Report, 25 May 2022; Vol. 715, c. 299.]

His humility and contrition, if they were ever there at all, lasted all of 48 hours, because the ink was hardly dry on Hansard’s report of the Prime Minister’s grovelling mea culpa before he was brazenly changing the ministerial code, not to strengthen parliamentary standards, to increase transparency and accountability or to rebuild the shattered public trust in this Parliament—not a bit of it—but in a way that would afford him greater protection from this Parliament and from scrutiny, and entrench even greater powers in his hands. With the Prime Minister having been publicly humiliated in the Sue Gray report and forced to pay a fixed penalty notice for breaking his own laws, and with an investigation by the Privileges Committee hanging over him, one would have thought, or hoped, that a period of self-reflection and humility would have been in order, but sadly not. Once again, his instinct for self-preservation came to the fore, and he watered down the ministerial code to save his own skin.

Had anyone else done that, we would have been shocked, aghast and disbelieving at such a lack of good faith—but were any of us really that shocked? Apart from the 211 unfortunate, gullible souls on the Conservative Benches, were any of us that surprised at what he did? Probably not, because we, and increasingly the public, know the character of this man, and they can see that there is no one and nothing that he will not bring down in his desperation to cling on to power. From the day he assumed office, we have seen the Prime Minister dismantle, degrade, debase and demean standards in public life.

This crisis has been long in the making, because the bigger problem is that there are no real rules. There is only the expectation that those in power will adhere to a code of behaviour based on personal integrity and common decency, and the whole system is all hung on a vague concept of individual honour. Of course, that all falls apart when a powerful individual decides that they will not behave with decency and honour, and matters are made considerably worse when it turns out that the person at the very top lacks integrity, is devoid of a sense of shame, and completely lacks a moral compass. What then happens, as we are discovering, is that the system of ensuring standards of behaviour in public life falls apart, and there is very little anyone can do about it. The sad truth is that if someone at the very top of Government is so thick-skinned that they do not see being fined by the police or publicly eviscerated in a report about their personal behaviour as a resignation issue, and decides to tough it out until the news cycle inevitably moves on, then it appears that there is almost nothing we can do about it.

[Caroline Lucas]

The hon. Gentleman is making a powerful speech. Does he agree that if the Prime Minister —any Prime Minister—can always simply bail out a ministerial colleague, even if they have been shown to have clearly broken the ministerial code, that undermines not only the code and the role of the independent adviser, but the role of all of us? We are all besmirched by the same sense that we cannot get our own house in order, and that is damaging to democracy and to the parliamentary and political system.

[Brendan O’Hara]

I absolutely agree. The system has to change, and that change has to start with us in this House. When the problem is staring us in the face, and when we know that what we see is wrong, then unless we act, we become complicit—we become part of the problem. I believe that history will judge us on whether we opposed or facilitated this dismantling of democracy.

Of course, in Scotland we know all about the dismantling of democracy. Despite the Tories not winning an election in Scotland since 1955, yet another Tory Government are imposing policies on us that we rejected. They are led by a Prime Minister whose unpopularity is plumbing such new depths that they will have to find new ways of measuring them. Interestingly, there are signs in Scotland that even his side is turning on him; most Scottish Tories are now struggling to defend his behaviour. As former MSP Adam Tomkins wrote recently,

“When a government asserts that the laws do not apply to it—that assertion offends not only the law itself, but our very idea of constitutional government.”

Even the former leader of the Scottish Conservatives, the noble Baroness Davidson of Lundin Links, told Channel 4 a few weeks ago that it was clear that the Prime Minister had lied to Parliament, and his position was therefore untenable. With characteristic steely determination, even the leader of the Scottish Conservatives, the hon. Member for Moray (Douglas Ross), decided that the Prime Minister had to go—or maybe he did not have to go; or perhaps he should go, but maybe not right now; or maybe at some unspecified point in the future, he might have to think about resigning. Safe to say, it was not a ringing endorsement from the hon. Member for Moray; but then again, maybe it was—who knows? After all, we are talking about a man with more flip-flops than a seaside shoe shop.

But regardless of the hon. Member for Moray’s many different deeply considered and principled positions on the future of the Prime Minister, this whole sorry episode has made it clearer than ever that Scotland’s future lies far away from this place and its never-ending merry-go-round of scandal where standards in public life are shredded and burned by a rogue Prime Minister. Scotland deserves a better democracy than the charade that is currently being foisted on us by Westminster, and the offer to change it once and for all will, I believe, prove irresistible when we have our independence referendum.

United Kingdom Statistics Authority

Brendan O'Hara Excerpts

Monday 25th April 2022 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

On behalf of the Scottish National party, I too congratulate Sir Robert Chote on his appointment. There is absolutely no doubt that he is more than eminently qualified to take up the role of the chair of the UK Statistics Authority. He is highly respected, as we heard from the right hon. Member for Tunbridge Wells (Greg Clark), as chair of the Northern Ireland Fiscal Council in the last year and of course from his tenure as the chair of the Office for Budget Responsibility for the best part of—indeed, for a full—decade.

I do share the concerns expressed by the hon. Member for Luton South (Rachel Hopkins). She raised some very interesting points about diversity, and I share her support for Sir Robert’s commitment to transparency, which is perhaps more vital now than ever before.

Finally, I pay tribute to the out-going chair, Sir David Norgrove, and thank him for his five years at the UK Statistics Authority. I put on record our best wishes to Sir Robert Chote and wish him every success for his time in office.