Standards in Public Life

Chris Bryant Excerpts

Tuesday 7th June 2022 Commons Chamber

[Angela Rayner]

The hon. Member makes her point, but I think we are better together. The actions of the Prime Minister do not represent the United Kingdom, which is why I am bringing this motion before the House today.

The new code is also utterly silent on the question of what amounts to a major breach of the rules, so what happens to a Minister who engages in bribery, who perpetuates sexual assault or who bullies their staff? It is the Prime Minister who continues to appoint himself as the judge and jury on ministerial misconduct, including his own. It is he who decides the degree of wrongdoing or rule breaking. You could not make it up, but that is exactly what he is proposing to do. This is the same Prime Minister who became the first in history to have broken the law in office. Now, what is to stop him saying that some sort of an apology is enough?

[Chris Bryant (Rhondda) (Lab)]

I wonder if my right hon. Friend has had an opportunity to read Lord Geidt’s most recent report on the ministerial code, in which he says:

“I have attempted to avoid the Independent Adviser”—

that is Lord Geidt himself—

“offering advice to a Prime Minister about a Prime Minister’s obligations under his own Ministerial Code. If a Prime Minister’s judgement is that there is nothing to investigate or no case to answer, he would be bound to reject any such advice, thus forcing the resignation of the Independent Adviser”—

rather than that of the Prime Minister, obviously.

“Such a circular process could only risk placing the Ministerial Code in a place of ridicule.”

Is that not basically where we are—a place of ridicule?

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[Angela Rayner]

I absolutely agree with my hon. Friend. It says a lot about the Prime Minister, as I have outlined in my speech, that he has no regard for transparency. When Labour was last in government, we legislated to clean up politics with the Political Parties, Elections and Referendums Act 2000, the Electoral Commission, the Freedom of Information Act and the ministerial code. The last Labour Government did not hesitate to act decisively to clean up Britain’s public life, and Labour’s independent integrity and ethics commission will bring the current farce to an end and clean up politics.

Three decades ago, a Labour Opposition exposed the sleaze engulfing and decaying a Tory Government, and we legislated for it. Over the past 12 years of this Tory Government, the strong standards we set have been chipped away. Our unwritten constitution is dependent on so-called “good chaps”. We trust our political leaders to do the right thing, but that theory has been ripped to shreds under this Government. No amount of convention or legislation appears capable of stopping this Prime Minister riding roughshod over our democracy.

The next Labour Government will act to stamp out the corruption that has run rife under this Prime Minister. Labour’s ethics commission will bring the existing committees and bodies that oversee standards in government into a single independent body that is removed from politicians. It will have powers to launch investigations without ministerial approval, to collect evidence and to decide sanctions.

Honesty matters, integrity matters and decency matters. We should be ambitious for high standards, and we should all be accountable: no more Ministers breaking the rules and getting away with it; no more revolving door between ministerial office and lobbying jobs; no more corruption and waste of taxpayers’ money; and no more Members of Parliament paid to lobby their own Government.

Labour has a plan to restore standards in public life and to clean up politics, but we have to start somewhere. We have to stop the rot. Labour’s motion would see the recommendations of the Committee on Standards in Public Life adopted in full right now, which is a crucial first step. The committee was established by Sir John Major nearly three decades ago to advise the Prime Minister on ethical standards in public life, and it has promoted the seven principles of public life—the Nolan principles.

The mission of the Committee on Standards in Public Life has never been more important than it is today. It is genuinely independent and genuinely cross-party, and it has done all the work. The plans are in place, ready to go. On the Opposition Benches, we back the Committee on Standards in Public Life. All we need now is a nod from the Minister and the Government, which they could do today by passing this motion. I hope the Minister gives in this time.

[Chris Bryant]

Another Committee—the Committee on Standards, which is also cross-party—has produced a report. It has suggested that because one of the important principles is openness, the rule for Ministers on when and how they register hospitality should not be separate from that for the rest of Members. Will the Labour party be supporting those changes, to make sure that everybody in the House is treated equally when they are brought forward to the House?

[Angela Rayner]

My hon. Friend is absolutely right: what the Labour party is promoting and what we want to see is transparency. We did that and demonstrated that under the last Labour Government, and we will continue to do that. Under this Government, we have seen time and again an erosion of that transparency, that right to freedom of information and that conduct in terms of how we report how donations are made and so on, with them trying to get around the rules. That is why we have proposed the independent ethics commission, because we think it is an important step in cleaning up some of the problems we face today.

This Prime Minister has tested our unwritten constitution to its limit, but today all Members of this House have their own choice to make. As Sir John Major said of the Committee in his foreword to this latest report,

“The Committee will never be redundant. A minority will evade or misinterpret the rules of proper behaviour. The rules will always need regular updating to meet changing expectations in many areas”.

As Lord Evans said, without reform to the systems that uphold and protect standards in public life, the Prime Minister’s recent changes

“will not restore public trust in ethical standards at the heart of government. Instead, suspicion about the way in which the Ministerial Code is administered will linger”.

Conservative Members must now ask themselves the question: will they back the package of recommendations proposed by the Committee on Standards in Public Life or will they turn their backs to save the skin of a rogue Prime Minister—one who is already haemorrhaging support from his own side? Those who reject these cross- party proposals will be complicit. They will be propping up a Prime Minister intent on dragging everyone and everything down with him. Today, all of us have a choice—we have a chance to draw the line in the sand and say, “Enough is enough!”

We urge Members to vote to defend the principles of public life, to back high standards and to clean up politics. It is time to stop the rot, and I commend this motion to the House.

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[Michael Ellis]

Not at all. There is a constitutional imperative that the Prime Minister of the day, no matter what party he or she is from, must have the right to select their Ministers and must have confidence in their Ministers. That is a constitutional imperative and it is not inconsistent with the code and the independent adviser’s wishes.

Let me rest for a moment on the change that has been made in respect of sanctions, because it exemplifies the point about the Government’s considering and responding to the recommendations of others. It has always been the case, under successive Administrations, that a range of potential outcomes are available when it is determined that an aspect of the code has been broken. Some examples have been cited from previous Administrations. Members need only cast their minds back to the case of Baroness Scotland in 2009, who apologised for unknowingly employing an illegal worker and paid the associated civil penalty of £5,000, but when then Prime Minister Gordon Brown concluded that no further action was necessary, he made that determination of his own volition.

In the interests of fairness, I could equally well mention the 2012 investigation into Baroness Sayeeda Warsi under the coalition Government, or the current independent adviser’s finding that my right hon. Friend the Member for West Suffolk (Matt Hancock) made a technical breach of the code in failing to declare that his sister’s company had become an approved supplier to the NHS.

The test of whether a Minister remains in office has always been the continued confidence of the Prime Minister, so I am not going to criticise previous Labour Prime Ministers for making that determination, and nor would I criticise anyone in that position. They have a difficult office to fulfil and they must make a determination. If a breach of the code is extremely minor in the eyes of most but the Prime Minister has lost confidence in the Minister in question, that will be it for that Minister. That is the way it has to work.

That is the test of whether a Minister remains, yet over time a false impression has grown that any breach, large or small, across a wide-ranging, detailed document of 26 pages, must result in resignation. Correcting that false impression has been a concern not just for the Government but for those who advise on ethics in government. In its “Upholding Standards in Public Life” report, the Committee on Standards in Public Life noted:

“No other area of public life has such a binary system of sanctions, and in both Parliament and the Civil Service there are a range of sanctions available according to the seriousness of the offence. There is no reason why this should not be the case for ministers.”

[Chris Bryant]

The ministerial code says:

“It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity.”

I am sure the Minister agrees with that—“paramount importance”. The Prime Minister has now said nine times in the House that the level of unemployment is lower now than it was before the pandemic. That is untrue. The Prime Minister accepts it is untrue: he was asked about it by one of the members of the Liaison Committee and said, “Yes, but I have corrected the record.” Unfortunately, he has not corrected the record, and he has not even corrected the record about not having corrected the record yet. Does that not mean the code should say:

“Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister”—

unless it is the Prime Minister?

[Michael Ellis]

If I may say so, that is a rather poor example to cite, because what the Prime Minister is doing is emphasising the fact that unemployment in this country is lower now than it has been for generations. [Interruption.]

Until—[Interruption.] Can I carry on? Until now, the code has been silent on the specific consequences for breaches, apart from in some defined instances. The code sets out that knowingly misleading this House is a breach of the code for which resignation is expected. The code still says that—it is stated in paragraph 1.3.c, not one word of which has changed—but now it also includes more detail on other possible sanctions. In particular, it makes mention of a public apology, remedial action or the removal of ministerial salary for a period—again, something that this House can also sanction in certain circumstances. I do not know whether Members are arguing to the contrary.

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[John Penrose (Weston-super-Mare) (Con)]

Let me begin by welcoming this motion, and particularly welcoming the response by my right hon. and learned Friend the Minister when he said that he basically supports the principle behind the motion, even though I think that we on the Government Benches intend to abstain on it. The principle behind the motion is important because standards in public life matter and the Nolan principles matter. If any of us, in any part of this House, start to think that they are technical, passing fancies or things that come and go, then we are fundamentally misunderstanding our role here, misunderstanding the importance of the integrity that the Nolan principles enshrine, and putting in danger the way that our democracy is being perceived among constituents—the people who voted to send us here in the first place.

The crucial thing is that many of us will often face the situation where people say, “Oh, those MPs up in Westminster, they’re all the same—apart from my local MP.” That is great if you are the local MP they are referring to, because you know that they know you and hold you in high regard, but just think about what it says for democracy in general if they say that, as a class, MPs are held in such low regard and democracy is so mistrusted and distrusted. It cannot be good for this place as an institution and it cannot be good for our democracy. Therefore, it is essential that none of us underplays or forgets the central and enduring importance of the Nolan principles and of standards in public life. I was therefore delighted to hear that there is, broadly speaking, cross-party agreement on the principles of this. That is absolutely great. It bears repetition—constant repetition—and I am glad to see it.

I support much of the motion, particularly regarding an awful lot of the 34 recommendations in the report by the Committee on Standards in Public Life—but not quite all. There are many things that are extremely admirable and that I have called for myself. I would disagree with what the committee has said on a couple of things, despite the fact that overall its report is excellent. I want to add one or two things that it has become clear over the past few days need to be done to further strengthen the role of the independent adviser on the ministerial code. Many parts of the report have already been introduced. I will not repeat what my right hon. and learned Friend the Minister outlined and go through those things again, but they are welcome and they are necessary. I supported them as they were introduced and I still support them today.

However, a great number of the recommendations in the CSPL report have not yet been introduced, and I devoutly hope that they will be. Incidentally, a parallel report, the Boardman report—No. 3; he has done several—was issued in the middle of last year, and a Government response remains outstanding. I hope that I can press the Minister to explain to us in his closing remarks—or any Member on the Front Bench to explain to us—when and whether the response to the Boardman report will be put out. Logically, the Government should respond to that report at the same time as they respond to the CSPL report. The two go together; they have mutually complementary recommendations, and they should be responded to at the same time.

For example, both the Boardman report and that from the Committee on Standards in Public Life recommend proposals for the Advisory Committee on Business Appointments—that is, on what we as Members of Parliament can all do after we have left this place, such as the jobs we can take outside, and on whether we should be bound by that committee’s recommendations. There is a really simple, clear and sensible recommendation in the Boardman report, which I think is duplicated in the report from the Committee on Standards in Public Life, to require Ministers to sign a legal deed to say, “I will abide by the decisions of ACOBA.” Those decisions would therefore become legally binding on the Minister concerned, even if they ceased to be a Minister.

There are a series of very sensible proposals in the report by the CSPL and in the Boardman report that need to be implemented. They need to be introduced, and quickly, because as we have heard today the noise of public drumming of fingers and tapping of feet while we wait to say that this is not good enough and that we need to raise our standards and our game as a democracy is getting ever louder. We cannot afford to wait.

Those proposals need to be introduced, and ditto the proposals on lobbying, incidentally. The CSPL makes a series of recommendations on lobbying—recommendations 26 to 30 for anybody who is interested—that complement the recommendations that have been either discussed or recommended by the Select Committee on Standards. I forget their precise status, and I suspect the Chair of that Committee is about to put me right.

[Chris Bryant]

We have already made our recommendation and produced our report, and I hope that the Government will allow time before the summer recess for us to adopt a new code of conduct for the House.

[John Penrose]

I thank the Chair for that clarification, and he is absolutely right. If we put those recommendations alongside the Committee on Standards in Public Life’s proposals on lobbying, they make a suite of proposals that will make our democracy much more robust, much cleaner, much more transparent and, in general, much better. We should do those things immediately, and I encourage the Minister to put his foot down on the accelerator as hard as he possibly can to get them out, agreed and announced as quickly as possible.

There is much to agree with in the report from the Committee on Standards in Public Life. I would, however, venture to agree with the Minister when he says that there is one major concern—one, but it is important—about the notion of putting some of the recommendations on a statutory footing rather than adhering to the traditional constitutional principle that it has to be the Prime Minister who appoints and can dismiss his or her Cabinet. That is absolutely fundamental for any Prime Minister. It does not matter if they are a Labour Prime Minister, a coalition Prime Minister or a Conservative Prime Minister, it is absolutely fundamental. On that one important point I would respectfully depart from the recommendation of the Committee on Standards in Public Life.

I will not trouble the House very much longer, but I said at the start of my speech that I wanted to add a couple of points about the role of the independent adviser on the ministerial code that I believe have been revealed in the past couple of days. We heard earlier in an intervention from the Chair of the Standards Committee that the independent adviser feels that it is impossible for him to make a recommendation because if his advice were not followed, he would feel that he had to resign. In this particular case, when the question is whether the Prime Minister’s conduct has followed the ministerial code, which has never happened before, that has led to the adviser not issuing any recommendations or findings of fact, as he would with any other Minister. That is not good enough. It cannot be allowed to continue and is not strong enough as a way in which the independent adviser should work.

I will propose to further changes, which I hope the Minister will listen to and follow. The first is that we should be very clear that it should not be a resigning matter for the independent adviser if his or her advice is not followed by the Prime Minister of the day. They should issue independent advice. In the same way, Sir Chris Whitty issued advice to the Prime Minister during the pandemic on the medical and scientific options available to him. Sometimes the Prime Minister took that advice, sometimes he did not, but Sir Chris Whitty did not have to resign every time he did not. It would have been plainly bonkers if he had done so and I believe that the same principle should apply to the independent adviser. They should offer advice and it is then up to the Prime Minister to accept it or not and to justify his or her decision to Parliament as a result.

The corollary of that is that, although it is too late now, in this case the independent adviser should have been able and expected, had we introduced such a change, to issue a report on whether the Prime Minister had followed the ministerial code. The independent adviser had the Sue Gray report in front of him and could therefore have said, “This means that the Prime Minister followed the ministerial code here, and did not follow it there. This one is a serious breach, that is a minor breach and that is not a breach at all.” At that point, we as a House would have had something to get our teeth into, and that would have clarified the situation and stripped out an awful lot of inevitable party political posturing as we would all have had a common shared base of facts. Without that, the subsequent debate has been a great deal less targeted, a great deal less clear and a great deal less effective.

[Chris Bryant]

I completely agree with everything the hon. Gentleman has just said about the supposedly independent adviser on the ministerial code. I wonder whether his interpretation of what Lord Geidt wrote is the same as mine. My reading of it was that he basically felt that the Prime Minister had breached the ministerial code but he did not feel he could say so.

[John Penrose]

I did not reach that conclusion, which is why I waited until I saw the Prime Minister’s reply justifying his view of his approach to the ministerial code, which he published last week and on which I intervened on the Minister earlier. That was what then led me, very sadly and with great regret, to resign my post yesterday. None the less, I am pleased to note that the hon. Gentleman agrees with my broader point about the way in which the independent adviser’s powers should be further amended. I am afraid that that has only just become apparent in the course of the past week or so, but it is a further important omission. Without those changes, the entire process remains toothless if in future we have a question over whether the Prime Minister him or herself has adhered to the ministerial code.

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[Margaret Beckett (Derby South) (Lab)]

I welcome the initiative of my right hon. and hon. Friends in calling this debate, and I welcome the terms of the motion, which calls on the House to implement the report and to follow up that implementation, which is often as important as the initial decision. I declare an interest as I have been a member of the Committee on Standards in Public Life since November 2013. I should say at once, as I said earlier, that I am not speaking on behalf of the committee—I never do, as innumerable journalists can testify. Our independent chair, and only he, speaks for the committee as a whole.

I am grateful to the Minister, and I think other committee members will be too, for the terms in which he spoke of the committee members. For my part, I have great sympathy with our heroic independent members—there are three political members and only four independent members; at the moment, as he will know, we have a vacancy—who face a very heavy workload. They carry out the taxing and time-consuming work of analysing and studying things to give strength to the committee’s reports. One of our independent members said the other day that the committee and its members are committed on a cross-party basis to protecting and promoting standards, and that our focus is always on the impartial interpretation of evidence and the long-term measures necessary to protect standards.

I also say briefly to the Minister that, if he looks on his desk, or somebody else’s desk, he may find some observations from the committee suggesting that the decision made, as I recall, under David Cameron’s premiership to reduce the committee’s size—its numbers and the resources available to it—should be reconsidered. Those independent members carry a heavy burden and he spoke sympathetically about their work.

Our chair, very properly, regretted the Prime Minister’s decision to adopt one—only one—of the committee’s recommendations. Speaking for myself, as I said, I thought that was outrageous, particularly because the Prime Minister, and the Minister, used the committee’s report to justify the decision to weaken the penalties for breaching the ministerial code.

I am not speaking on the committee’s behalf, but the statement that it issued following the Prime Minister’s decision about the ministerial code said:

“There still needs to be greater independence in the regulation of the Ministerial Code, notwithstanding”—

I say this because the Minister emphasised, and I wholly understand why he did and I have some sympathy with his circumstances, how much the Government were following the terms of the committee’s recommendations —“the changes announced” to the terms of reference of the role of the independent adviser. It went on:

“The new process for initiating investigations does not create the degree of independence we called for. Whereas previously the Adviser could only conduct an investigation into an alleged breach of the Code at the Prime Minister’s request, the Adviser can now initiate their own investigations ‘having consulted the Prime Minister and obtained his consent’. So no longer a direct commission by the Prime Minister, but still dependent on the Prime Minister’s permission. This is a step forward, it is an improvement”—

the Minister quoted the chair of the committee saying that—

“in process but it does not fundamentally change the powers of the Independent Adviser.”

I think the Minister, wholly understandably, sought to create the impression that perhaps it did.

I want to set the discussion about the ministerial code in a wider context and look at events elsewhere. I often read these days about events in the United States where many people are concerned about whether the former President is likely to be re-elected. There is much talk about the work of the Republican party in discouraging voter involvement and participation. I am afraid that, when I look at the legislative record of this Government, I see similar steps being taken here, although without much fanfare.

In my childhood, children played a game called grandma’s footsteps. The main player is in position and those behind try to draw close and touch them while the main player looks over their shoulder and hopes to catch somebody moving. The whole idea is that, if they do not catch them moving, they can continue. Of course, the effect of the game is that gradually, stealthily, inexorably the players draw closer to their main target. Stealthily, there is movement, and that seems to be exactly what is happening in our public life and to our democracy.

This morning, Lord Hague was reported as saying that nothing

“matters more than the health of our democracy.”

I strongly agree. Unnecessary bureaucratic regulation of exactly how people are allowed to vote is a good example of something that everyone knows will effectively discourage those who the Conservatives perhaps assume are less likely to vote for them.

That is part of an attack on one after another of the institutions of public life, whose principal characteristic is, or has been, their independence. The Electoral Commission will now be guided by a Government Minister, which should be quite unnecessary for any independent body. I have referred to the practice that occurs, as I understand it, in the United States, but I am conscious of more recent examples in Hungary and, indeed, in Russia. People in this country often express surprise at the degree to which it appears that the public in those countries accept, virtually uncritically, the version of events retailed to them by their Governments. To that surprise, the response here is often that independent voices in their media were first undermined and then, in effect, silenced.

Again, what has the Secretary of State for Digital, Culture, Media and Sport announced? There are cuts, pressure and threats to the independence of the BBC, and the privatisation of Channel 4. The independence of the independent, sometimes critical media—I assure the Minister that they are critical not solely of Conservative Administrations—is being undermined under this Government.

What about public appointments, which were mentioned earlier? Concern was expressed in the committee when, under David Cameron’s premiership, a greater role and greater power for political input to appointments was allowed, but it was still assumed—perhaps the correct word would be “hoped”—that no Minister would abuse such a role. The whole atmosphere of such appointments has now changed dramatically. The more important and influential the appointment to be made, the more likely it is to be preceded by heavy briefing from No. 10 as to who exactly the Prime Minister would prefer to see appointed. So even those considering applying for such an appointment would be discouraged before the process even starts. Now we know that blatant political interference may follow. At least twice in fairly recent times an independent process of appointment has been halted and replaced by a Prime Minister who seems to be indifferent to somebody’s capacity to actually carry out the job for which they are seeking appointment as long as he thinks they are on his side. It is right in this debate to stress that that is exactly the purpose the appointments process is intended to frustrate. It is intended to ensure both that people are up to doing the job they are applying for, and that they are independently appointed and will not display a political bias.

I can see why there has been so little response to our report, with its 34 recommendations, because of course, from the Government’s point of view, it has one critical, fundamental flaw. At its heart is the belief that in independent scrutiny lies a process that conveys high standards, and that is precisely what this Government appear not to believe. It has always seemed to me that one of our strengths as a country has been that we have an unwritten constitution, because that gives us a degree of flexibility that others may lack. One of the things I deplore about the present handling of standards matters is that it strengthens the case for a written constitution, although I have to admit not sufficiently to make me accept it.

[Chris Bryant]

Oh, go on.

[Margaret Beckett]

I hear my hon. Friend’s representations on that point, but I simply say to him that what perhaps the American experience may have demonstrated is that a rogue Prime Minister, like a rogue President, can ignore a written constitution as easily as they can an unwritten constitution, so I remain unconvinced. But what I also remain is absolutely clear that we need greater emphasis on the need for high standards in public life and that that emphasis can be sustained only through a process that is rooted in independence and ensures greater scrutiny of all those who exercise responsibility on behalf of our electorate.