Chilcot Inquiry (Civil Service Code)

Debate between Elfyn Llwyd and Nick Hurd

Tuesday 25th January 2011 Westminster Hall

[The Parliamentary Secretary, Cabinet Office (Mr Nick Hurd)]

Mr Williams, it is a pleasure to serve under your chairmanship for the first time. I know that my being English will not count against me in what would otherwise be a Welsh affair.

It is also a pleasure to respond to an important debate. The recent Iraq conflict, as we saw last week, stirs powerful emotions. We should recognise that the hon. Member for Dwyfor Meirionnydd (Mr Llwyd) has been one of the leaders of the debate on the legality of the war. He should be congratulated on his part in the democratic process. It is surely in the interest of all of us that the Chilcot inquiry should be conducted with impeccable impartiality and integrity. The hon. Gentleman obviously believes—and I listened to him carefully—that the process is, to use his words, flawed and compromised, principally by the process of appointing Margaret Aldred to the secretariat of the inquiry. As the hon. Gentleman was the first to admit, those are serious allegations, and should be responded to in like manner, not least for the sake of the reputation of the individual concerned, who cannot be here to defend herself.

I will simply disagree with the hon. Gentleman, not least because the chairman of the inquiry and his committee appear to be satisfied with their procedures, but I am happy to respond to the points that have been made. It might be helpful to provide some additional background context to the Iraq inquiry, in relation to the appointments that we are discussing.

The Iraq inquiry was launched, as the hon. Gentleman will know well, on 30 July 2009 with a remit to examine the United Kingdom’s involvement in Iraq, including the way decisions were made and actions taken, to establish as accurately and reliably as possible what happened, and to identify lessons that can be learned. The committee is made up of Privy Counsellors, is chaired by Sir John Chilcot and has four other members: Sir Lawrence Freedman, Sir Martin Gilbert, Sir Roderic Lyne and Baroness Usha Prashar. I think that it is generally accepted—I certainly accept it, but I am not sure whether the hon. Gentleman shares my view—that each committee member is independent, non-partisan and committed to undertaking a thorough, rigorous and fair inquiry.

[Mr Llwyd]

It is no part of my view that any of the inquiry members should be impugned. I have no wish to denigrate them. I am discussing a conflict of interest specifically.

[Mr Hurd]

I am grateful to the hon. Gentleman for placing that on record and making it entirely clear. I am pleased that he has done so. Obviously, to some degree, their reputation and integrity are on the line, as the procedures for which they are responsible are being called into question. I am sure that they would take very seriously indeed any suggestion of mismanagement of a potential conflict of interest. As he says, it might undermine the integrity of the processes to which their names are attached. As I understand it, they have placed on record the fact that the committee and the secretariat work collectively. The committee is satisfied that its procedures are capable of dealing with any potential conflict of interest. The Privy Counsellors are supported by a secretariat staffed by civil servants who share their commitment and are governed by the values of the civil service code, which I will address at the end of my remarks.

Having provided the background and context, I will address the role of the secretariat and the process of appointing the secretary, which is the crux of the hon. Gentleman’s argument. The secretariat supports the chair of the inquiry and its members in carrying out their tasks. Its duties are varied and wide-ranging and include making logistical arrangements, requesting statements and papers and preparing papers for consideration by the committee.

The secretariat operates independently of the Department and is currently staffed by 16 civil servants drawn from seven Departments: the Cabinet Office, the Ministry of Defence, the Foreign and Commonwealth Office, Government Communications Headquarters, the Department for International Development, the Northern Ireland Office and the Serious Fraud Office. There are also two suitably cleared temporary support staff members supplied by a recruitment agency. Those appointments to the Iraq secretariat were made in line with Cabinet Office human resources procedures, which are similar to those used by other Departments to provide staff for inquiries. I understand that they were used most recently in relation to the Gibson inquiry. It is regular practice.

I will explain more. When the Government decide to establish an independent inquiry, the timing is such that it must often be done as a matter of priority and with a degree of urgency. Decisions about the chair and members of an inquiry are matters for the Government. It is usual for an inquiry secretariat to be staffed by civil servants on loan or secondment from Departments. Decisions about the secretary to an inquiry will normally be for the chair, and the secretary will then recruit the supporting team in consultation with the chair.

When considering individuals’ suitability for secretariat roles, a number of factors are taken into account, ranging from availability to relevant skills and experience to the potential for any conflict of interest. I can confirm that that process was followed for the Iraq inquiry secretariat. The posts were not initially advertised, as they needed to be filled urgently. The secretary and the Cabinet Office human resources team worked with colleagues in other Departments to identify individuals considered suitable for the various roles, taking into account their availability, skills, knowledge, experience and any identified potential conflicts of interest. After the individuals had been agreed, the moves were made through the Cabinet Office human resources managed move policy.

Moving on from general recruitment, I will focus on the specific position in which the hon. Gentleman is interested, that of inquiry secretary. It is clearly a crucial role. The Cabinet Secretary discussed with Sir John Chilcot the experience, skills and background knowledge required and agreed that the secretary should be a senior individual in the civil service, ideally with previous knowledge and experience of defence and foreign affairs. The Cabinet Secretary proposed Margaret Aldred, who had been the deputy head of the Foreign and Defence Policy Secretariat—formerly the Defence and Overseas Policy Secretariat—in the Cabinet Office since November 2004. Sir John, after considering with others Mrs Aldred’s background and experience, agreed. He did not call for more choices or more alternatives. He agreed with the proposal from the Cabinet Secretary. Given the professional standards of the senior civil service, he and the Cabinet Secretary concluded that there would not be a potential conflict of interest with her appointment, and it would not affect the independence of the inquiry. We strongly support his view.

Regarding Mrs Aldred’s previous involvement in Iraq issues, which is the issue that concerns the hon. Gentleman, the inquiry has papers from the Cabinet Office covering the whole period of its terms of reference. Those include papers produced by the foreign and defence policy secretariat, in which Mrs Aldred was previously employed. In addition, it has heard evidence from the Prime Minister’s foreign and defence policy advisers for whom Mrs Aldred worked.

Sir John and other committee members are fully satisfied that the secretary is discharging her role efficiently and effectively and with the highest levels of professionalism. Mrs Aldred is a highly experienced member of the senior civil service, with a deep understanding and knowledge of defence and foreign policy issues. Her previous work on Iraq has been handled by the inquiry in a way that is fair and open and avoids conflicts of interests. Again, I stress that the committee is satisfied that that does not have any negative impacts on the inquiry and does not call into question the independence of its work. It would be wrong to suggest otherwise.

Let me conclude by talking briefly about the civil service code and its values, because the hon. Gentleman suggested that this process cut across the bow of that code. The code and its values are clearly important in gaining a full appreciation of how they apply in relation to the secretariat to the Iraq inquiry. Let me start by covering the values. As civil servants, the inquiry secretary and other members of the secretariat are required to carry out their duties and responsibilities in accordance with the requirements of the civil service code, including integrity, honesty, objectivity and impartiality. They are also required to comply with the law and uphold the administration of justice. While working for the inquiry, the civil servants will be accountable to the inquiry for their work and actions.

To conclude, I have no doubt at all, if things are as the hon. Gentleman said, that some things should have been done better, not least in terms of the courtesy that should have been extended to him, and the length of time that it took to respond to the FOI request. I am sure that the people involved in that will think on it. But in terms of the core issue—the integrity and professionalism of the secretariat to the inquiry—I am pleased to have the opportunity to place on record my appreciation of the work done by the inquiry, which I am sure is shared by the House and the general public. I am also pleased to be able to put it on record that both I and the independent committee of Privy Counsellors who constitute the Iraq inquiry, and whose reputation and integrity are on the line in this process as well, are confident that the inquiry secretary and the other civil servants are providing impartial and objective advice to the inquiry in a way that upholds the impartiality of the civil service and preserves the independence of the inquiry.