Ministerial Code (Culture Secretary)

Ian C. Lucas Excerpts

Wednesday 13th June 2012 Commons Chamber

[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.]

--- Later in debate ---

[Ian Lucas (Wrexham) (Lab)]

Justice must not only be done, but must manifestly be seen to be done—Lord Justice Hewart’s pronouncement is fundamental. It applies to our courts, and it should apply to Ministers acting in a quasi-judicial capacity. The integrity of a Minister’s decision-making process depends substantially on that process being accepted by those who observe it. That is especially so when the decision is one with a high public profile, and few processes have a higher public profile than this process has had.

Out there, people are saying to me that the Secretary of State has no credibility considering the integrity of the process that he followed. We know that he was in favour of the News International bid, and that from the outset he made proposals supporting its acquiring BSkyB. We have heard today, and he has confirmed from the Dispatch Box, that he was making representations to the Prime Minister to meet the Business Secretary. Will he intervene on me to say that he did not make such a representation? The reason he is not coming to the Dispatch Box to intervene is that he knows that he made that representation—a memo to the Prime Minister asking to meet the Business Secretary, which he should not have done. That was his evidence to the Leveson inquiry.

[Alun Cairns]

Will the hon. Gentleman give way?

[Ian Lucas]

I will not give way at this point.

We know what the Secretary of State’s views were at the outset, and we know that the facts disclose that he is not an impartial Culture Secretary. We also know that he does not support the people who worked with him in carrying out his ministerial role. We know that he nominated Adam Smith to manage the relationship with News International. He did not, on the other hand, appoint anyone to manage the relationship with people opposed to the proposal, and the level of contact with opponents of the proposal was in no measure anywhere near that with News International.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

This was a takeover, not an open share contest. There was no reason for the Secretary of State necessarily to have the same amount of regular contact through his special adviser from the person trying to make the takeover. It just does not happen that way. The hon. Gentleman should know that, as a business lawyer.

[Ian Lucas]

I am surprised that the hon. Lady, who is familiar with this matter, supports the fact that there was such huge contact between a special adviser appointed by the Secretary of State and the proponent of the bid. That was not appropriate and did not lead to the perception that the process was fair and impartial.

[Kevin Brennan (Cardiff West) (Lab)]

Is it not telling that the Secretary of State chose to involve a political appointment—a special adviser, who carries out a solely political function—in a quasi-judicial decision? I did a similar job in the Department for Business, Innovation and Skills, which involved judging on competition policy. It is unthinkable that a political adviser would be called in unless there were political motives.

[Ian Lucas]

I, too, was a Minister in the Department for Business, Innovation and Skills, and I have no recollection or knowledge of a special adviser behaving in that way. I suggest that the special adviser was appointed because the Secretary of State had an agenda to take forward the bid and ensure it went through. The right hon. Gentleman’s conduct after he was given the quasi-judicial role—when the Secretary of State for Business, Innovation and Skills had it taken away from him—was designed to present himself as acting fairly, but everyone knows that his agenda was to get the bid through. It is in his texts and actions. All has been revealed.

The Secretary of State for Culture, Olympics, Media and Sport is not seen as independent and did not act impartially in the process. He will not be trusted in future to act impartially in any decisions he makes. He therefore should not be in office. He has no credibility. If he goes away from the Chamber and thinks about what has happened in the past hour, he will recognise that. If he has any dignity, when he looks at himself in his shaving mirror he will accept that he should not be in post.

As the Leader of the Opposition said today, it is not the Secretary of State who is on trial, but the Prime Minister. The Prime Minister has undermined the independent adviser on ministerial interests by his conduct. We heard a classic example of that today. Purely for partisan political purposes, the Prime Minister wrote to Sir Alex Allan, and received a response the same day— [Interruption.] It was orchestrated—no doubt there was communication between the independent adviser’s office and the Prime Minister’s office.

The Prime Minister said from the Dispatch Box that the letter exonerated the Secretary of State, which is not true. The letter says that an investigation would take the matter no further so far as the facts were concerned, but that is not the job of the independent adviser. His job is to make a judgment based on the facts presented to him, which, the letter goes on to say, he is willing to do.

[Paul Flynn (Newport West) (Lab)]

Is my hon. Friend aware that the Public Administration Committee unanimously decided that Sir Alex Allan was not fit for the job after merely a pre-appointment hearing? We asked him what he would do if the Prime Minister behaved in this way, and he said he would relinquish his post. Has he not proved that he is a poodle, and not the rottweiler that should be doing that job?

[Ian Lucas]

I was aware of that—indeed, I was coming to the Committee’s report, which questions the independence of Sir Alex Allan. I have had no previous dealings with him, but the partisan use of his office by the Prime Minister—this morning and at the Dispatch Box as a shield at Question Time—undermines him.

[Several hon. Members]

rose—

[Ian Lucas]

I would ask Sir Alex to look at whether the Prime Minister’s behaviour calls into question his independence and whether he can continue to be seen to be acting independently.

[Several hon. Members]

rose—

[Mr Speaker]

Order. The hon. Gentleman is not giving way at the moment. The hon. Member for North Wiltshire (Mr Gray) need not be worried. He is very visible—the hon. Member for Wrexham (Ian Lucas) has seen him and may give way in due course. He can have another go in a moment, exercising the usual restraint and good judgment that he demonstrates on these occasions.

[Ian Lucas]

The Prime Minister used Sir Alex Allan at the Dispatch Box for political advantage. He has used Baroness Warsi for political advantage by referring her to the independent adviser. He is using his colleagues to defend his position. We saw his behaviour again today, when he insulted my hon. Friend the Member for Liverpool, Walton (Steve Rotheram). It is a disgrace that Conservative Members support such contemptible behaviour by the Prime Minister—[Interruption.]

[Mr Speaker]

Order. The hon. Gentleman has made a number of references to the Prime Minister, which I took to be in passing, but the conduct of the Prime Minister is not the subject of debate—[Interruption.] Order. There is not a substantive motion on that matter, so I feel sure that the hon. Gentleman will re-orientate his remarks to matters that fall within the terms of the motion.

[Ian Lucas]

The subject of the debate is the conduct of the Secretary of State for Culture, Olympics, Media and Sport. He knows he does not have the confidence of the country or the Chamber. He cannot carry out his important role. He is not impartial, he is not perceived to be impartial, and he should go.