Adviser on Ministerial Interests

Geraint Davies Excerpts

Tuesday 21st June 2022 Commons Chamber

[Angela Rayner]

I absolutely agree with the right hon. Member that trust is being corroded in politics, and I do not like that. I do not like that for any of us hon. Members in this place, because I believe that the vast majority of Members who come to this place do so for great public service. Therefore, when hon. Members do not behave to the standards I think the British public expect of us, that actually makes it difficult for all of us. The hon. Member for Glasgow East (David Linden) mentions the procedures of this place, and sometimes it is challenging for the public when they see people “inadvertently mislead” the House. The public do not always see it as “inadvertently misleading” the House, and therefore they do not understand exactly why we have such a debate on that matter.

[Geraint Davies (Swansea West) (Lab/Co-op)]

Would my right hon. Friend accept that the debate between an independent appointment and an appointment by the Prime Minister has been cast into a different light by partygate, by the appointment of somebody’s girlfriend for £100,000, by the breach of international law with the Northern Ireland protocol and even by what has happened on steel tariffs? Therefore, there is a compelling case for independence or at least for Parliament to decide on those issues, not the Prime Minister, who people, frankly, do not trust for good reasons.

[Angela Rayner]

Absolutely. During Lord Geidt’s time as ethics adviser, he was swamped—swamped—with allegations of ministerial misconduct. During his session with the Public Administration and Constitutional Affairs Committee, referring to the ministerial code, Lord Geidt said that

“as you look through the calendar, a great deal of the year has potentially had the Prime Minister in scope.”

It is astonishing that we are in these circumstances, but we are where we are.

The Prime Minister’s official spokesperson has refused to confirm when the independent adviser will be replaced, or even if the independent adviser will be replaced at all. It is pretty clear that, if the Prime Minister had his way, he would dispense with the nuisance of transparency and the annoyance of accountability altogether.

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[Geraint Davies]

The Minister mentioned that the ministerial code and the guidance change with the times, but is it reasonable to delete references to integrity, objectivity, accountability, transparency, honesty and public interest? Obviously, these are enduring values and they cannot just be airbrushed out by a PM who chooses to break all the rules for his own self-interest.

[Michael Ellis]

I respectfully advise the hon. Gentleman to read the document he is quoting. First, those lines were only included in the foreword of the document since August 2019. They are still within the body of the document. What it says in the foreword is very often topical and should not be taken as inclusive of every item that follows in the substantive document.

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[Michael Ellis]

I can certainly say to my hon. Friend that those sorts of questions are being worked through now in detail.

As I said, the challenge to constitutional norms is not confined to the operation of the Executive. The motion specifies that

“the Adviser may advise the Public Administration and Constitutional Affairs Committee on the appropriate use of its powers to send for persons, papers and records”.

The power of Select Committees to send for persons, papers and records is delegated to Select Committees from Parliament itself, and exercised by Members of this House as directly elected representatives. Although Select Committees already have the ability to appoint specialist advisers, introducing a requirement to appoint an adviser whose remit includes advising the Committee on how to use its powers would be different, unusual and undesirable. Although Select Committees may wish to draw on the advice of experts from time to time, this expertise does not ordinarily extend to advising Committees on how to use their historical powers to gather evidence.

[Geraint Davies]

I am listening carefully to the right hon. and learned Gentleman’s argument, but does he accept we are in unusual territory? The conduct and behaviour of the Prime Minister himself have been called into question, supported by the evidence. It would therefore seem inappropriate for the Prime Minister to appoint his own ethical adviser. Given that we have an independent judiciary, does the right hon. and learned Gentleman not think we should investigate the possibility of an independent appointment through the judiciary to enforce ethical standards in our democracy?

[Michael Ellis]

I am in the business of protecting our judiciary from becoming politicised, which would be a danger with the hon. Gentleman’s suggestion.

Select Committees already have a vital role to play in scrutinising and holding the Executive to account, which is why the Standing Orders provide the power to send for persons, papers and records. The creation of this new position would not augment the powers held by Parliament and its Committees but would serve to undermine the fundamental principle of the separation of powers.

As I have outlined, the House has previously acknowledged that Ministers are necessarily subject to an additional set of standards over and above that of Members. Providing a role for Parliament to initiate investigations into potential breaches of the ministerial code would be constitutionally irregular and would pre-empt the review that is currently being undertaken.

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[Geraint Davies (Swansea West) (Lab/Co-op)]

Two ethics advisers gone, two months gone—and all the Paymaster General can offer us is a review. No one needs an ethics adviser more than the current Prime Minister. I studied maths, philosophy and economics at university and am therefore intrigued by how many times the Prime Minister is economical with the truth. Ethics is about right and wrong. It is about truth and falsehood. We heard in partygate about a Prime Minister who made the rules and broke the rules. He said that he did not understand the rules and that he did not know how they applied. We do not know whether he was guilty, innocent or drunk.

The situation is that we simply cannot trust the Prime Minister. That is the view of the great majority of MPs. Only 211 Tories voted with confidence in him, so more than two thirds of the nation’s MPs have no confidence in the current Prime Minister for what he has done.

Talking of ethics and philosophy, Kant’s categorical imperative—I know Members will be thinking of this—states

“act only in accordance with that maxim through which you can… will that it become a universal law.”

In other words, if you are going to have a party, everyone should party, and if they should not, you should not. It is not that complicated. According to Aristotle,

“We are what we repeatedly do.”

So what does that make the Prime Minister? At virtually every Prime Minister’s Question Time, he gets up and says that there are half a million more people in jobs than there were before the pandemic—although the Office for National Statistics says that there are 512,000 fewer people in jobs—because he inadvertently forgets to include the self-employed. Was that, in fact, an inadvertent mistake, or was it a piece of choreographed rhetoric to lead people up the garden path? There is a long list of things of this kind which undermine our democracy, this place, and politics in Britain.

Of course, ethics is about outcomes as well. People say, “Haven’t we done well on covid?”, but 170,000 people are dead thanks to the policies here, which led to the highest death rate in Europe. People say that the economy is all right, although ours was the worst recovery in the G7, and about 8 million people are hungry and in food insecurity. There is not really any accountability, other than the democratic process. We have just seen the Government provoke an unnecessary rail strike by demanding cuts in wages and jobs. There are alternatives to this. Germany, for instance, is saying that it will give everyone a public transport ticket for a month for €9 to boost the economy and jobs, rather than picking fights.

We have parliamentary privilege here, which means that there are limitations on what the courts can do when we breach the rules. The dampening and watering down of the rules here is therefore problematic, as is, of course, the attack on the judiciary itself. The all-party parliamentary group for democracy and the constitution published a report commissioned by the Rowntree Foundation and prepared by the Institute for Constitutional and Democratic Research. We found that there had been a sustained attack on the courts by Ministers through the media. That is undermining and chilling even the Supreme Court, which has reversed seven of its decisions in the last two years. This was, of course, getting back at the judges, because they had made various decisions about giving us the right to vote on the Brexit deal. They made the Prime Minister return when he tried to abandon democracy.

What we are seeing is the weakening of internal laws governing the behaviour of politicians here, and, at the same time, an attack on the courts themselves. Meanwhile, there is an attack on international law. The withdrawal from the Northern Ireland protocol undermines our reputation abroad: it means that people such as the Americans do not want to have trade agreements with us. There is an attack on our democratic values and rights, such as the right to peaceful protest. There is an attack on human rights, as we are seeing in Rwanda, and an attempt to pick a fight with the European Court of Human Rights itself, a forerunner to withdrawal from the European convention on human rights—which, of course, was set up by Winston Churchill.

In the round, what we are seeing is a Prime Minister corroding and eroding the rules that govern our behaviour and our ethics, alongside an attempt to disengage from controls that may be applied and to which all countries and all people elsewhere are subject. So we cannot be trusted. “Values” of this sort feed into the hands of people such as Putin, who hate the democracy, human rights and rule of law that we are now undermining.

Lord Geidt has said that the Prime Minister has made a mockery of the ministerial code. He has said that we have broken international laws in the form of World Trade Organisation rules. We urgently need a replacement. No doubt some people will suggest that Lord Ashcroft might be the person whom we need. After all, he revealed David Cameron’s relationship with a pig, did he not, and indeed revealed the current Prime Minister’s relationship with the lover whom he offered a £100,000 job. [Laughter.] People may find these things funny, but they are of course true.

We do need to uphold higher standards here, and, in particular, the Prime Minister should and does not. It is imperative that we get a replacement, and it is imperative that in the interim, at least, we introduce some sort of system. That is what this motion aims to do, and I fully support it.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Fleur Anderson.