Prime Minister’s Adviser on Ministers’ Interests

Greg Mulholland Excerpts

Tuesday 17th July 2012 Commons Chamber

[Kelvin Hopkins]

I thank the hon. Gentleman for those comments. A situation might arise in which a Minister who has not behaved very well is a personal friend of the Prime Minister of the day. The Prime Minister could then say to the Minister, “Well, the investigation wasn’t instigated by me. It was instigated independently, and I have to accept the advice of the report. It is not me who is causing you difficulty; it’s the investigation by the independent adviser.”

In every way, therefore, this proposal is a progressive advance that is in keeping with the spirit of the times. I hope that in future more of the Prime Minister’s current powers will be devolved.

[Greg Mulholland (Leeds North West) (LD)]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

I will not put the clock on you, Mr Mulholland, but I ask you to resume your seat at 1.58 pm.

[Greg Mulholland (Leeds North West) (LD)]

I am a member of the Public Administration Committee, and I am very proud that we have come up with this sensible and important proposal. It is hugely important for Parliament, as it addresses the holding of Ministers to account, which is one of our key roles. We must remember that it is important outside this place, too; it is important to ordinary people, who saw the unseemly events of the past few months and have therefore come to regard the current system of accountability as wholly inadequate. Recent episodes have also left a nasty taste in the mouths of Members on both sides of the House, who agree that the current situation is wholly unacceptable.

When Sir Alex Allan appeared before our Committee, we had what can only be described as a wholly unsatisfactory discussion with him in respect of both the realities of the role and, I am afraid, our confidence in his ability to perform it as it should be performed, rather than as it is, sadly, currently performed.

We must remember that this proposal was introduced by the previous Government. In response to the predecessor Committee’s previous report on the issue, they made it clear that the appointment would be a personal one by the Prime Minister and that he would need to have confidence that the person appointed would be able to provide independent and impartial advice.

We want the Minister to say that the Government will accept our sensible proposal, and we also want the Opposition to agree to it; they must accept the original principles of this new office as set out under the last Government. I have asked the same of the Deputy Prime Minister, and I believe that he is happy to do so on behalf of the Liberal Democrats.

The full title of this post is “the independent adviser on Ministers’ interests” but the simple reality is that it is the Prime Minister’s adviser on Ministers’ interests. The current title is fraudulent and misleading to Parliament and the public. If these reforms are not accepted and implemented, the Government should at least have the decency to change the title to “the Prime Minister’s adviser on Ministers’ interests.”

Sir Alex Allan was appointed to the post with no open competition. We do not believe anyone else was even in the frame for the job, and there was no detail whatever on the process he went through. That is simply unacceptable.

Our proposal is based on an extremely simple idea. If—free from political interference and regardless of any media witch hunt—the independent adviser believes there is sufficient genuine evidence for an investigation, he should intervene. That is all we are asking for.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Time is up. I call Gareth Thomas.

--- Later in debate ---

[Mr Thomas]

As I think I set out earlier, we did take action when we were in government, and the House is better for it. However, I want to come to some of the points that the hon. Gentleman made not only in this debate but in the Public Administration Committee’s hearings.

There is a particular outstanding question that the Prime Minister still needs to answer, and perhaps the Minister can give us some clarity on it. Why is it appropriate for the independent adviser to be used in the case of the noble Baroness Warsi and not that of the Culture Secretary? I also have a series of questions on which I would welcome the views of the Chair of the Public Administration Committee in his concluding remarks. As I hope I made clear, I think some further work by his Committee in this area would be useful for the whole House, not least in questioning the current ministerial adviser on his lack of consultation in the case of the Culture Secretary.

The new independent adviser told the Committee when giving evidence that he had made the point to the new Cabinet Secretary, Sir Jeremy Heywood, that

“there are advantages to him in bringing the Adviser in early and whenever major issues arise.”

That appears at odds with the comment in a letter from Sir Alex that was deposited in the Library, accepting the Prime Minister’s decision not to refer the case and noting the work of the Leveson inquiry, and with the clear view of Sir Brian Leveson that his inquiry was not an appropriate place for the Secretary of State’s conduct to be investigated. I raise this question not in any way to express doubt about Sir Alex’s capacity or commitment, but to inquire whether the Committee will continue to explore the circumstances in which it would be appropriate for the ministerial adviser to be brought in, and to suggest—in a spirit of helpfulness, I hope—that Sir Alex’s evidence may well be helpful in that context.

Will the Chairman of the Public Administration Committee be summoning the Cabinet Secretary to explore the extent to which there was consultation with Sir Alex over the Culture Secretary’s case? In my intervention on the Chairman, I raised the possibility of further work by his Committee in this area, highlighting two issues that Sir Philip Mawer raised, in part in answer to some questions from the hon. Member for Vale of Glamorgan (Alun Cairns): whether suspension of a Minister is really possible during a code investigation in practical political terms; and the possibility of the Committee helping to establish a set of “ground rules”—his words—for a situation where an investigation is under way and the media is in full pursuit of that Minister.

The Opposition will listen carefully to the position and argument that the Minister, and indeed the Public Administration Committee Chairman, develop. We will want to consider the Government’s response to the Committee’s report, which it is a pity was not available for today’s debate. I have genuinely an open mind on this issue. The Opposition’s instinct is that further work is required.

This debate is born out of frustration with the Prime Minister’s handling of his responsibility for the ministerial code.

[Greg Mulholland]

Will the hon. Gentleman give way?

[Mr Thomas]

I am winding up.

The failure to use the independent adviser in the case of the right hon. Member for North Somerset, compounded by the failure to contemplate using him in the case of the Culture Secretary, provides the context for this debate. Sadly, it is yet another debate called in this great House because of the errors of judgment of the current Prime Minister.

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

I am grateful to the hon. Member for Harrow West (Mr Thomas) for clarifying the Labour party’s position on this issue—or not. I would like to begin by registering my personal respect for my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) and the other members of his Committee for their persistence on this matter. I note carefully his comment that that persistence is not going away. I also note, on the Government’s behalf, that the motion has cross-party support and has been signed by a number of distinguished Chairmen of Select Committees. This short debate is therefore one the Government must listen to, and I believe are listening to, carefully, and we will consider carefully what has come out of it.

I think it would be helpful if I restated an important principle that the Labour party also clung to in its 13 years in power: when it comes to the ministerial code, the Prime Minister is the ultimate judge of the standards of behaviour expected of a Minister and the appropriate consequences of a breach of those standards, as my hon. Friend the Member for Rochester and Strood (Mark Reckless) pointed out. The bottom line is that Ministers remain in office only for as long as they retain the confidence of the Prime Minister. He or she decides, and is accountable to Parliament for those decisions.

The advent of an independent adviser is clearly welcome—although the Labour party seemed to fight it for many years—and he or she clearly has an important role. It is worth clarifying that there are two aspects to the role, both of which are important. One part of the role is, at the request of the Prime Minister, to look into allegations of breaches of the ministerial code, if the Prime Minister thinks that is necessary, and to advise the Prime Minister. But it is for the Prime Minister to take this decision and be accountable for it. In some cases, the Prime Minister will have no need to ask for advice, as the issues will be clear. In other cases, there may be the need for further investigation before the Prime Minister can take a decision. In those instances, he will refer to the independent adviser.

It is to misunderstand the intended role of the independent adviser to suggest that he or she should be able to instigate his or her own investigations. The adviser is there, personally appointed by the Prime Minister, to advise the Prime Minister on allegations of breaches of the code, if the Prime Minister thinks it is necessary. I shall now read out an important quote from the Prime Minister’s evidence to the Liaison Committee on 3 July:

“The ministerial adviser on interests is there to advise the Prime Minister; he gives the advice and the Prime Minister has to make the decision.”

There has been no change in approach; this is the same practice that existed under the previous Government.

[Greg Mulholland]

I am listening with interest to my hon. Friend, as he is actually dealing with the issue, unlike the hon. Member for Harrow West (Mr Thomas) in his extraordinary and pathetic contribution. Does my hon. Friend not accept that if the independent adviser had the powers we are talking about, he himself would say that there is not the evidence to proceed with an inquiry? The proposed approach would do that job and give the public confidence that there was no need for an inquiry in the first place.

[Mr Hurd]

I thank my hon. Friend for his intervention, and I can see the passion with which he makes his argument, but the important principle is who is ultimately responsible, and that is the Prime Minister.