Ministerial Code (Culture Secretary)

Jacob Rees-Mogg Excerpts

Wednesday 13th June 2012 Commons Chamber

[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.

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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.

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[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—

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[Mr Speaker]

Members can shout as loudly or for as long as they like, but it will make no difference. I am simply saying that on the advice that I have taken, nothing disorderly has occurred. [Interruption.] Order, Mr Brennan. I simply ask the Secretary of State to continue with his case.

I appeal to Members to exercise restraint in the frequency—[Interruption.] Order. Members must exercise restraint in the frequency with which they intervene for the debate to continue in an orderly way and for there to be a reasonable opportunity for Members from both sides of the House to contribute.

[Jacob Rees-Mogg]

On a point of order, Mr Speaker. As in this debate it may be orderly to accuse my right hon. Friend of being a liar, would it be orderly to accuse Opposition Front Benchers of being the most sanctimonious, hypocritical humbugs in recent political memory?

[Mr Speaker]

The answer is no, it would not be legitimate to make such a charge against an individual Member who was not the subject of the motion under debate in the House. The hon. Member for Rhondda has said what he has said. I have explained why it may not be proper for him to say it. I know that, being as well behaved as he is, he will not persist.