Ministerial Code (Culture Secretary)

Baroness Harman Excerpts

Wednesday 13th June 2012 Commons Chamber

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I beg to move,

That this House believes that the Secretary of State for Culture, Olympics, Media and Sport should be referred to the Independent Adviser on Ministers’ Interests to investigate whether he breached paragraph 1.2c (giving accurate and truthful information to Parliament) and paragraph 3.3 (responsibility for his special adviser) of the Ministerial Code.

This debate takes place while the Leveson inquiry is doing its work, but I make it clear that the motion before the House is not about the issues that are the subject of the inquiry; today’s motion is about the rights of the House and the ministerial code, issues that Lord Justice Leveson made clear he is not going to consider and report on. Indeed, he cannot consider those matters, because article 9 of the Bill of Rights prevents him from so doing.

It was right to establish the Leveson inquiry. Its work is of huge importance and, after Lord Justice Leveson has reported, we will need to place great weight on his proposals and to give them deep consideration. We have, arising out of his inquiry, an historic opportunity to create a better settlement for the future, and I look forward to us all working together to achieve that, but that is not what the motion before us is about.

This debate is about protecting the rights of this House so that we can do the job we were elected to do—of holding Ministers to account and ensuring high standards in ministerial office, as set out in the ministerial code.

The ministerial code is not just a matter for the Prime Minister; it is a matter for this House. The motion before the House asks that the Secretary of State be referred to the independent adviser on Ministers’ interests, and nothing in Sir Alex Allan’s reply to the Prime Minister today changes that. There are two issues at stake here: misleading the House and failing to take responsibility for his special adviser.

[Alun Cairns (Vale of Glamorgan) (Con)]

Sir Alex Allan’s response clearly said—[Interruption.] I am reading from the letter that was placed in the Library of the House, which clearly states:

“I do not believe that I could usefully add to the facts in the case”.

Does not that undermine the statements that the right hon. and learned Lady has just made?

[Ms Harman]

The process is that where there is a prima facie case—where there are facts—it is for the independent adviser to look at those facts and to make a judgment about whether the ministerial code—

[Alun Cairns]

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[Ms Harman]

Will the hon. Gentleman just let me finish?

It is for the independent adviser to make a judgment on whether the ministerial code has been breached so that he can advise the Prime Minister on whether, in his view, there has been such a breach. That is due process. When there are facts out there that tend to indicate a breach of the code, the process is to have the independent adviser able not only to hear the argument from the person in respect of whom a breach has been alleged but to look at the facts that are out there. That is the process by which the Prime Minister can then make his decision.

It is very telling that the Prime Minister is doing everything he can to stop that process taking place. That is why—

[Alun Cairns]

rose—

[Ms Harman]

I will not take another intervention from the hon. Gentleman, but I would say to him as a Back Bencher—

[Jacob Rees-Mogg (North East Somerset) (Con)]

Will the right hon. and learned Lady take an intervention from me instead?

[Ms Harman]

May I have the opportunity to address myself to the hon. Member for Vale of Glamorgan (Alun Cairns)? As a Back Bencher, he ought to be jealous of the interests of the House in ensuring that Ministers give full information. That is what this is about.

[Ian Lucas (Wrexham) (Lab)]

Sir Alex Allan is described as the independent adviser. Is it not suspicious that the letter to him from the Prime Minister that the Prime Minister used to defend himself today at Prime Minister’s questions was dated 13 June—today—and that he received his reply on 13 June, also today? Does not this question the position of Sir Alex Allan and call into question his independence?

[Ms Harman]

I think that the exchange—[Interruption.]

[Mr Speaker]

Order. Members on both sides of the House need to calm down. I always listen with great interest to the pronouncements of the Secretary of State for Education, but I say to him in all courtesy that his pronouncements from a sedentary position on matters for which he has no direct ministerial responsibility add nothing. I am not interested; I do not want to hear them. The right hon. Gentleman should sit silently and listen to the debate. If he feels unable to do that, he is welcome to depart the Chamber, and we will just about manage without him.

[Ms Harman]

Thank you, Mr Speaker.

In response to my hon. Friend the Member for Wrexham (Ian Lucas), I think that the exchange of letters from the Prime Minister is nothing more than an attempt to distract and provide a smokescreen, and we should not be distracted from the very important issues that are the subject of this motion: misleading the House and failing to take responsibility for a special adviser.

[Andrew Bridgen (North West Leicestershire) (Con)]

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[Ms Harman]

I will make a bit of progress, if I may, and then I will give way to the hon. Gentleman.

First, there is the obligation to give accurate and truthful information to the House. On 19 March 1997, this House resolved that one of the principles that the House sees as being of paramount importance is

“that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity.”

The seriousness that the House places on this is underlined by the resolution going on to say:

“Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister”.

That is the wording of paragraph 1.2.c. of the ministerial code. This is not just some old-fashioned relic of House pomposity; it matters. I know that Members in all parts of the House regard—

[Jacob Rees-Mogg]

Will the right hon. and learned Lady give way?

[Ms Harman]

I would think that it would be common agreement that the ministerial code is important, and I am, if the hon. Gentleman will forgive me, simply setting out what the ministerial code says. I cannot believe that he wants to take issue with my describing, at the outset of moving this motion, what the ministerial code says. I put it to the hon. Gentleman: does he, as a Back Bencher, believe that his rights as a Back Bencher are important and that Ministers should answer truthfully to this House?

[Jacob Rees-Mogg]

I am grateful and flattered that the deputy leader of the Labour party should want to intervene on me while I am in a sedentary position. I would like to put to her the question about “knowingly” misleading the House. There is no suggestion whatever from any quarter that the Secretary of State ever knowingly misled this House.

[Ms Harman]

If the hon. Gentleman had listened to me, he would have heard me say that the ministerial code says that if there is an inadvertent error, it must be corrected at the earliest opportunity.

[Andrew Bridgen]

rose—

[Guy Opperman (Hexham) (Con)]

rose—

[Ms Harman]

I will proceed, if I may.

Despite the interventions, I know that Members in all parts of the House regard the question of truth, accuracy and full disclosure to Parliament as fundamental. We cannot settle for anything less if we are to hold Ministers to account. Putting it at its very lowest, there is prima facie evidence that the Secretary of State failed to give accurate and truthful information to the House.

On 3 March 2011—[Interruption.] I ask hon. Members to bear with me while I set out what I believe to be the facts at issue. On 3 March 2011, in reply to the hon. Member for Banbury (Tony Baldry), the Secretary of State told the House that in respect of his handling of the Murdoch bid for BSkyB he had published

“all the documents relating to all the meetings—all the consultation documents, all the submissions we received, all the exchanges between my Department and News Corporation.”—[Official Report, 3 March 2011; Vol. 524, c. 526.]

I have here the documents that he published on that day. Many of them, such as written ministerial statements, the European intervention notice and press releases from the European Commission, were already in the public domain.

But when the Murdochs came to give evidence to the Leveson inquiry, we discovered that all the exchanges had not been published. No: there had been literally hundreds of exchanges between the Secretary of State’s Department and News Corporation that he had not published. Over the course of many months, both when the bid was the responsibility of the Business Secretary and when it was his responsibility, there had been literally hundreds of exchanges—texts, e-mails, reports of phone calls—none of which had been disclosed to this House. So while on 3 March 2011 we were told that the pile was only this big, a full year later, on 24 April, and thanks only to the Leveson inquiry, we discovered that it was this big. Even though the Secretary of State says that he did not know of the volume and content of the exchanges between his special adviser and News Corporation, he did know of their existence, because, as he told the House on 25 April, he had authorised those exchanges.

There is a second occasion where there is prima facie evidence of the Secretary of State not being accurate and truthful to the House. In answer to a question from my hon. Friend the Member for East Lothian (Fiona O’Donnell) during his statement to the House on 25 April, he said that he

“made absolutely no interventions seeking to influence a quasi-judicial decision that was at that time the responsibility of the Secretary of State for Business.”—[Official Report, 25 April 2012; Vol. 543, c. 973.]

But it emerged during evidence to the Leveson inquiry that on 19 November 2010, when it was—

[Alun Cairns]

Will the right hon. and learned Lady give way?

[Ms Harman]

I am trying to set out—[Interruption.]

[Mr Speaker]

Order. It is up to the hon. Gentleman to show some sensitivity to the conventions of the House. He asked the right hon. and learned Lady to give way and the answer was no; he should not keep persisting at it. He can have another go later if he wants. [Interruption.] Order. I do not need any guidance from the hon. Member for Broxtowe (Anna Soubry), on the strength of her two years in the House, about correct parliamentary procedure. The hon. Lady is a very distinguished figure and a rising star, but I think I can probably just about get by without her assistance.

[Ms Harman]

Asking the House to vote for a referral to the independent adviser is a serious matter. I am seeking to set out the facts on which I ask the House to make the judgment when it votes. That is why I am going through the facts.

[Jacob Rees-Mogg]

Will the right hon. and learned Lady give way?

[Ms Harman]

No, I am not going to give way. I owe it to the House to set out the case that I am making, based on the facts.

It emerged during the evidence to the Leveson inquiry that on 19 November 2010, when it was the Business Secretary’s responsibility, the Culture Secretary sent a memo to the Prime Minister about the News Corporation bid for BSkyB, setting out his views and asking for a meeting. In anyone’s book, a memo setting out his views and asking for a meeting is an intervention.

Secondly, in relation to the Culture Secretary’s special adviser, special advisers have a political role and are appointed directly by the Secretary of State. That is why the ministerial code places responsibility for their management and conduct on the Secretary of State. The Secretary of State acknowledged this at the Leveson inquiry. It was put to him that the person responsible for Adam Smith’s discipline

“was you, not the Civil Service, wasn’t it?”

The Culture Secretary replied:

“Well, he reported to me, yes”,

and went on to say:

“I do have responsibility for what he does. I actually have responsibility for whatever everyone in my Department does, but I have more direct responsibility for the people who are my direct reports.”

Quite so. But at the very least there is prima facie evidence that the Secretary of State failed to take responsibility for the management and conduct of his special adviser—

[Several hon. Members]

rose—

[Ms Harman]

I will not take interventions at this point, not because I am not prepared to debate, but because I need to set out to the House what the rules are and what our case is as to why those rules have been broken.

There is at the very least prima facie evidence that the Secretary of State failed to take responsibility for the management and conduct of his special adviser. Either he did not know what he was doing when his special adviser was overstepping the mark—and that was a breach of the code—or, as people think more likely, he did know what he was doing when Adam Smith was overstepping the mark, and that, too, would have been a breach of the code. Whichever way one looks at it, there has been a clear breach of the ministerial code.

All Members of the House agree on the importance of upholding the standards contained in the ministerial code. In their 2010 manifesto the Liberal Democrats made “cleaning up politics” one of their

“four steps to a fairer Britain”.

As the hon. Member for Westmorland and Lonsdale (Tim Farron) said last night:

“There is clearly a case to answer and given that we are being asked to support the Prime Minister’s judgment call that there is a case to answer, we can’t in all honesty and integrity do that.”

The Prime Minister, when he was in opposition, promised to strengthen the ministerial code, and when he came into Government he said in his foreword to the ministerial code in 2010:

“we must remember that we are not masters but servants. Though the British people have been disappointed in their politicians, they still expect the highest standards of conduct. We must not let them down.”

He was right then, and that is why he should refer the Secretary of State. He cannot apply the rules to Baroness Warsi but not to his Culture Secretary.

The ministerial code is important. It must be complied with. The House cannot let breaches of the code be swept under the carpet, so I strongly urge hon. Members in all parts of the House to reflect on this, support the rights of the House, reinforce the importance of the ministerial code and vote in support of the motion.

[Several hon. Members]

rose—