Standards in Public Life

Hilary Benn Excerpts

Tuesday 7th June 2022 Commons Chamber

[Michael Ellis]

I respectfully disagree with my hon. Friend for the simple reason that there is the issue of inadvertence. That is a relevant factor. As someone who has been involved in the law for many years, I think that one should take the approach of accepting that there is a difference between inadvertence and deliberate conduct.

The initiation of investigations by the independent adviser has been subject to much comment. I assure hon. Members that the Government have considered the range of views on this carefully. The revised terms of reference set out an enhanced process to allow for the independent adviser now to independently initiate an investigation, having consulted the Prime Minister and obtained his consent—[Interruption.] That is an improvement on what was the case before. It is also stated in the new iteration that the Prime Minister would normally provide that consent. I note here that Lord Evans has made it clear that the introduction of a range of graduated sanctions means that the independent adviser should be given the full authority to independently initiate investigations, and that these recommendations were part of the package. The Government have considered that carefully. While they take this view seriously, please allow me to lay out why we consider it critical that the Prime Minister retains a role in the initiation of investigations. [Interruption.] Because this is a constitutional imperative. The Prime Minister is head of Her Majesty’s Government and is accountable for the conduct of the Executive. That authority and that accountability derives from the Prime Minister’s ability to command the confidence of this House, and that derives from the Members of this House, including those who hold office —all of us—at the behest of the electorate. This Government are committed to maintaining that constitutional position and the accountability of the Prime Minister, including in decisions. If we usurp that and hand that authority to someone who does not have electoral accountability, that would be a constitutional irregularity. To hand such decisions to another appointed individual without a check or a balance would be to undermine that position fundamentally.

[Hilary Benn (Leeds Central) (Lab)]

Has not the Minister just got to the heart of the problem? It is precisely because the Prime Minister is the ultimate arbiter of the code that the holder of the position of Prime Minister has a particular obligation to act with integrity. The problem that we have here is that there is a growing lack of confidence in the Prime Minister’s integrity—we saw that last night—and the longer he clings on, the more he undermines the office that he holds and, indeed, undermines our democracy.

[Michael Ellis]

I respectfully disagree with the right hon. Gentleman. The Prime Minister enhances the role of his office. [Interruption.] The proof of the pudding is in the eating. The Conservative party had, proportionately, the largest electoral victory since 1979—it speaks for itself. The Prime Minister has secured the electoral support of the largest number of people in this country for many years.

The ministerial code makes it clear that the Prime Minister will normally agree to an investigation, and that, in the unlikely scenario that the Prime Minister does not agree to an investigation, the independent adviser can then request that the reasons for not doing so are published. There is, therefore, a check on the Prime Minister’s power to refuse consent for an investigation. The reasons would have to be published and they would have to be clear. Those are important improvements in independence and transparency.

Lord Geidt is clear that this is a “workable scheme”. The Government are also clear that this is a scheme that upholds the constitutional position. I would add that Lord Evans, in writing to Lord True in response to the Government policy statement, stated that the new process for initiating investigations

“represents an improvement in the process for regulating the Code, which we welcome.”