Ministerial Code

Debate between Chris Bryant and Martin Vickers

Tuesday 29th November 2022 Westminster Hall

[Chris Bryant (Rhondda) (Lab)]

I beg to move,

That this House has considered the Ministerial Code.

It is a delight to see you in your place, Mr Vickers. I am speaking in my own capacity, and not as Chair of the Standards Committee. The ministerial code is bust; it does not work. Civil servants find it confusing, Ministers do not care about it and Prime Ministers find it irritating. Central to it is the adviser on the ministerial code, but it is now 167 days since Lord Geidt resigned, and I gather the new Prime Minister has offered the post to three people, all of whom have said, “Not on your nelly”. At least two investigations are already pending, but they cannot be investigated because there is no adviser. There cannot be a publication of the ministerial list of interests because there is no adviser. Frankly, the system is broken.

Most importantly, the code does not do what it says. It says that Ministers are expected to observe the seven principles of public life—the Nolan principles. Let us just go through a couple of them. First, transparency. One would think that transparency requires that the public know all interests held by Ministers: what business interests they have, if any; who had invited them to expensive social occasions, such as movie premieres; what clubs give them free membership; who had paid for trips abroad; what charities they were trustees of; and what meetings they had with lobbyists, trade associations or press barons—anything that might affect their decisions as Ministers. One might also expect the interests of Ministers’ spouses and family members to be publicly available, and that all that information would be available within a week or so of any Minister taking up office or acquiring a new financial or personal interest.

That could not be further from the truth. The most recent register of Minister’s interests was published on 31 May this year. It is not an accurate list of Ministers now. It is not even an accurate list of ex-Ministers, or of Ministers who have been Ministers in the intervening period. In case we think that this year they should be forgiven for being in a bit of a mess, because of the terpsichorean dance that has been played in Downing Street—let us face it, many of us do not know who is the Minister for what at the moment, including some Ministers, who do not quite know their areas of responsibility—the list itself is very out of date.

At the best of times, the list is published only once every six months. By contrast, the Commons Register of Members’ Financial Interests is updated every fortnight when the House is sitting. The situation is often even worse with the ministerial register. The new Government appointed in December 2019 did not produce a list of its Ministers’ interests until July 2020. There was then a 10-month gap before a new list was produced, during which lots of new Ministers had arrived in post.

As for the supposedly annual report by the adviser on ministerial interests, there was no annual report in 2020 because there was no adviser. Ministers are meant to advise their Department of any relevant interests whenever they take up a new ministerial post. However, because that is published at best only twice a year, the public is nearly always in the dark about what financial interests a Minister might or might not have.

Bizarrely, because the report appears so infrequently, some financial interests are reckoned to be more than six-months old by the time they are reported, and are therefore never published at all. That is not transparency. As things stand, we have no idea what ministerial interests the Chancellor of the Exchequer, the Transport Secretary, the Secretary of State for the Department for Work and Pensions or the Minister for Security might have, because they simply have not been published.

The system leads to glaring anomalies—the following instances prove my point. None of the Members concerned have done anything wrong. To my knowledge, they have fully declared everything they are required to declare, but the way the Government operate ministerial registrations means that discrepancies abound. I have told all Members to whom I am about to refer exactly what I am going to say.

For instance, the latest version of the register, dated 31 May, states that the right hon. Member for Hertsmere (Oliver Dowden), who is Chancellor of the Duchy of Lancaster, has as his only interest his role as patron of Watford Peace Hospice, yet according to Companies House he is the director of C&UCO Services Ltd, C&UCO Management Ltd and C&UCO Properties Ltd of 4 Matthew Parker Street, London. I do not know whether that is still true—I presume those are the Conservative and Unionist party’s official management companies—but there is a discrepancy. I am told that he declared that to his Department, but it was decided that it was not a relevant interest. I do not understand why.

Likewise, the entry for the right hon. and learned Member for Northampton North (Michael Ellis) states:

“Trustee of discretionary family trusts”

without specifying what the trusts are, unlike the entry for Lord Benyon, which specifies all the trusteeships he holds. The entry for the right hon. and learned Member for Northampton North does not include the following shareholdings, which are in the Commons register, however: Arnold Estates Ltd, Arnold Estates LLC and MSA Properties Ltd. I do not understand why those are not in both registers.

Similarly, the hon. Member for Arundel and South Downs (Andrew Griffith), who is Economic Secretary to the Treasury, has registered in the Commons that he has been a member of Wilton Park Advisory Council from 1 July 2020—that is, he assures me, an unremunerated ex officio role that he quite properly disclosed to the permanent secretary to the Treasury—yet that does not appear in his list of ministerial interests, presumably because the Department or the adviser—

[Martin Vickers (in the Chair)]

Order. May I clarify whether the Member has advised any relevant Members that he will refer to them?

[Chris Bryant]

Yes, I have said so already, Mr Vickers.

[Martin Vickers (in the Chair)]

I wanted to place that on record.

[Chris Bryant]

I have sent Members copies of precisely what I am going say.

However, that role does not appear in the list of ministerial interests for the hon. Member for Arundel and South Downs, presumably because either the Department or the adviser, for some reason best known to themselves, thought it irrelevant.

The ministerial entry for the right hon. Member for Croydon South (Chris Philp), the Minister for Crime, Policing and Fire, says that he is

“a director of Millgap Ltd, an investment holding company personally owned by him.”

The Commons register, however, lists the following:

“Shareholdings: over 15%... Pluto Capital Management LLP… Millgap Ltd… Pluto Partners LLP… Pluto Silverstone Co Invest LLP… Pluto Monza Co Invest LLP… Pluto Development Partners LLP”,

although it does not include his directorship of Millgap Ltd.

I do not think that any Member I have mentioned has sought to hide anything. Indeed, I think in each case the Member has made a full declaration to their Department, but the Department, or the adviser, has published only what it thinks fit. Different Departments clearly treat matters such as trusteeships differently, and the rules differ as between the ministerial code and the House of Commons code of conduct, which leads to ludicrous anomalies and undermines transparency.

Moreover, the Government continue to insist that Ministers acting in their ministerial capacity should be exempted from the requirement placed on all other MPs to register within 28 days hospitality they receive that is worth more than £300. The Government say that ministerial transparency returns cover that, but those returns carry far fewer details than the Commons register, and they are published at least three months late, and sometimes up to a year late. Unlike the Commons, which produces a single document, each Department does that separately, so anyone who wants to see the full picture of ministerial interests across a year has to look at more than 300 online forms every year.

This is about as transparent as a hippopotamus’s bathwater. It would make far more sense for all financial and other interests of a Member, whether a Minister or not, to be available in one place, published as close as possible to real time, and certainly no less than every month.