Adviser on Ministerial Interests

Debate between David Linden and Michael Ellis

Tuesday 21st June 2022 Commons Chamber

[The Minister for the Cabinet Office and Paymaster General (Michael Ellis)]

I thank the right hon. Member for Ashton-under-Lyne (Angela Rayner) for choosing today’s motion. It is a great pleasure, as always, to appear on the other side of the House from her, and I will endorse the opportunity she gave to call her a friend likewise.

The Government remain steadfast in their absolute commitment to upholding standards in public life and the critical role of the ministerial code in supporting those standards. It is on account of that commitment that the Government cannot support today’s motion, for the simple reason that it attempts, by proxy, to change the British constitution by the back door; what it does, without consultation or consideration, would be unreasonable. What would be unreasonable is for any Opposition party to say all this on what is, as they know, a national strike day, when many Members are hindered from attending this House, because Labour Members are on the picket lines for a strike caused by Labour’s union backers.

I have set out repeatedly and exhaustively in recent weeks that the Government fully recognise the importance of the ministerial code and its role in maintaining standards in public life. What we wish to do, therefore, is to protect the code. It sets out the Prime Minister’s expectations of his or her Ministers, detailing the standards of conduct in public life expected of those who serve government and the principles that underpin them. The code has performed this role for successive Prime Ministers since it was first published by the Conservative Prime Minister John Major as “Questions of Procedure for Ministers” in 1992, 30 years ago. Throughout that time, it has been an evolving document. It is customarily issued—it is customarily released or re-released—when warranted, by the Prime Minister of the day to reflect changes and to update the guidance. So this business about what is said in the foreword of the document is, frankly, a red herring. What is said in the foreword is very often a reflection of the current affairs at the time the document was released. What it is not is a reflection of the contents of the document, which are as they were before.

Since 2006, recognising the need for independent support on the application of the code, the Prime Minister of the day has appointed an Independent Adviser on Ministers’ Interests to provide independent advice on how Ministers manage their interests and to assist with the investigation of alleged breaches of the code. But if Labour’s motion were to succeed, it could mean in the future a Labour-chaired Committee choosing one of the Prime Minister’s advisers or a Conservative-chaired Committee choosing a future Labour Prime Minister’s advisers. That would lead to dysfunction and, frankly, gridlock, and it would be entirely impractical and unconstitutional. It simply would not work.

[David Linden]

The right hon. and learned Gentleman spoke about the fact that the code was designed under John Major in the 1990s, although John Major’s Government were not exactly without scandal and sleaze, so perhaps it is time to revisit that. Given his knowledge of history, can he think of any Prime Minister who has lost not one but two advisers on the ministerial code since the days of John Major?

[Michael Ellis]

There are exceptions in every case and, of course, we know that in the past 30 years Prime Ministers of all political parties have decided for themselves when Ministers have their confidence and when they do not. The Government are very grateful to all those who have served in the role of independent adviser since 2006. It is a challenging role, and increasingly so today. Let me repeat my particular thanks to Lord Geidt for his contribution to the office, but the Prime Minister has also made it clear that the resignation of Lord Geidt and the issues that he and PACAC raised last week demand a moment of reflection. They demand some consideration. Frankly, we think it is right to step back and take some time to consider what we have heard from the former independent adviser and from this House. This is a complex matter and one that touches on Executive functions and the royal prerogative in relation to the appointment of Ministers. As I have said before to this honourable House, we cannot have a situation where we expect any Prime Minister of any political party not to have confidence in a Minister that he or she has serving in their Cabinet. It is crucial that each Minister has the confidence of the serving Prime Minister.

--- Later in debate ---

[Michael Ellis]

The Prime Minister intends to appoint a new ethics adviser. We will announce how that is to be done, who it is and how it works in due course, but it has to be done properly to ensure that Parliament and the public have confidence. This motion pre-empts that review process and unnecessarily seeks to hold the Government to an entirely arbitrary timetable. We firmly believe that it is better to undertake this work with proper diligence and attention than to conclude it in haste, without proper consideration of the issues raised by Lord Geidt and the Public Administration and Constitutional Affairs Committee. It is for those reasons that the Government would oppose the motion.

[David Linden]

The Minister’s repeated reference to “in due course” has piqued the interest of those of us familiar with the work of Sir Humphrey Appleby. Will he go a little further and define what “in due course” means? For example, would it be before the conference recess, or the summer recess? [Interruption.] Maybe his Parliamentary Private Secretary is telling him right now.

[Michael Ellis]

I think that the hon. Member knows what “in due course” means, and, if he does not, he will have to work it out.

Labour chose this debate on a day when the Labour rail strike is in progress. It is utilising its valuable time in the Commons not to discuss policy—Labour Members do not discuss policy because when they do, they lose—as it would rather talk about personality, and I am surprised that it chose this debate at this time when half of its Members are apparently on the picket lines.

--- Later in debate ---

[Michael Ellis]

With the leave of the House, I would like to close this debate.

As set out by the right hon. Member for Ashton-under-Lyne (Angela Rayner) in her opening remarks, and for the reasons I explained to the House in my opening remarks, the Government will not be supporting the motion. The Labour party has called the debate to throw mud, but I would caution that those who throw mud often find that some of it sticks to themselves. I would also caution and place on record that the Government remain absolutely steadfast in their commitment to upholding the standards in public life that we all respect, to the critical role that the ministerial code plays in standards in public life and to supporting those standards. On account of that commitment, the Government cannot support today’s motion, which would, counterintuitively perhaps, by proxy, weaken the ministerial code. As I said earlier, it would at the same time change the British constitution by the back door, without consultation and without consideration.

On the appointment of a new adviser, can I answer with this word: yes. The Prime Minister intends to appoint a new ethics adviser and we will announce how that is to be done and who is to do it in due course. But it does have to be done properly and in a way that will ensure that Parliament and the public have confidence in it. I think that I may be asked what “in due course” or “in good time” means. It means doing it right, and getting the right people to come forward, to be interviewed and to go through the process. It means actually getting it right, not just responding to the latest headline. It means making a process that might actually work in the longer term.

[David Linden]

Will the Minister give way?

[Michael Ellis]

I will give way to the hon. Gentleman, but he knows exactly what is meant by this.

[David Linden]

I am very grateful to the Paymaster General for putting on record that the Government do intend to appoint an adviser, but can I just push him a little further and ask him to say whether that appointment will take place before, say, the conference recess?

[Michael Ellis]

The answer is a very simple one: the process will be done properly. It will be done in a way that will give confidence to the system; it will be done in a way that the House, Ministers and everyone concerned will be confident in. So it is not possible to give a particular date for it. After all, it is only a matter of days since this situation came about. What is meant is clear: we are still considering this carefully, and we remain fully committed to making sure that all Ministers, including the Prime Minister, whose code it is, are held to account for maintaining high standards of behaviour and behaving in a way that upholds the highest standards of propriety, as the public rightly expect.

Oral Answers to Questions

Debate between David Linden and Michael Ellis

Thursday 9th July 2020 Commons Chamber

[The Solicitor General]

My right hon. Friend is quite right to focus on this point, and I know that she has a track record of supporting her constituents in this area. The CPS is committed to bringing charges in all cases where the code test is met. If there is the evidence, if it meets the requisite standards, people will be prosecuted for burglary.

[David Linden (Glasgow East) (SNP)]

What discussions she has had with the Secretary of State for Justice on the effect on Scotland of the Government’s plans to update the Human Rights Act 1998.

Oral Answers to Questions

Debate between David Linden and Michael Ellis

Thursday 18th July 2019 Commons Chamber

[Michael Ellis]

Did I say “en suite”? We are investing in technologies and supporting innovations in on-street architecture—[Laughter.] We might invest in “en suite” architecture as well, but that would not be for my Department. Fixtures have been fitted to streetlamps, for example, and there have been innovations in contactless charging. Businesses around the country are working on various mechanisms, and this Department is supporting many of them with funding to help them to invent new technologies.

[David Linden (Glasgow East) (SNP)]

3. What recent discussions he has had with Transport for London on the effect of the roll-out of the London low emission zone on showpeople who drive heavy goods vehicles.

[The Minister of State, Department for Transport (Michael Ellis)]

Transport in London is devolved to the Mayor of London and is delivered by Transport for London. Ministers and officials meet TfL regularly to discuss a range of topics. I have not discussed the effect of the roll-out of the London low emission zone on showpeople who drive heavy goods vehicles.

[David Linden]

I am sure that the Minister is aware that under section 62 of the Vehicle Excise and Registration Act 1994, showpeople have a number of exemptions and concessions. There is a possibility that showpeople could get an exemption from low emission zones in recognition of their lifestyle and businesses. Will the Minister encourage Transport for London to look favourably at that and make sure that we are supporting these people?

Oral Answers to Questions

Debate between David Linden and Michael Ellis

Thursday 13th December 2018 Commons Chamber

[Michael Ellis]

Yes. Mobile libraries, particularly in rural areas, can be extremely useful. They can visit different villages on different days of the week and be very productive. Many local authorities use mobile libraries, and they are a good thing.

[David Linden (Glasgow East) (SNP)]

We know that the roll-out of universal credit and the shutdown of many jobcentres has put a huge amount of pressure on libraries. What discussions has the Minister had with his colleagues in the Department for Work and Pensions about the impact on libraries of the UK Government shutting those jobcentres?

[Michael Ellis]

I understand that the DWP made that decision with regard to jobcentres in order to rationalise, with larger jobcentres rather than smaller ones. Libraries are used by our communities for myriad reasons, and that is a positive thing. We want to encourage multiple uses of libraries. They are important community hubs and centres. It is important that they are for the loan of books but are also used for a multiplicity of reasons.