Ministerial Code (Culture Secretary)

Debate between Kevin Brennan and John Denham

Wednesday 13th June 2012 Commons Chamber

[Mr John Denham (Southampton, Itchen) (Lab)]

I am grateful for the opportunity to follow the Chairman of the Public Administration Committee, the hon. Member for Harwich and North Essex (Mr Jenkin). I think that his last remarks should be heard by the Secretary of State, who, at the very least, must conclude that there was a gross dereliction of duty in his failure to supervise and properly manage his special adviser on an issue that was not a minor matter for his Department but an £8 billion takeover at the centre of the media dominating our country. It is inconceivable that the Secretary of State was able, as he claims, to allow his special adviser to operate in such a way without ever knowing what was going on. That alone should be cause for him to consider his position.

Secondly, let us deal with this idea, compounded by the Prime Minister today, that Sir Alex Allan’s letter in any way vindicates the Prime Minister’s decision not to send this matter to the independent adviser. The question is not the facts, but the judgment that should be made on the facts. That can be done only by Sir Alex Allan. The case of Baroness Warsi has been referred to him, and the Prime Minister did not suggest today that there were any unknown facts in her case; he wanted the independent adviser’s view on her conduct. That is all Labour Members are asking for in this case—and not a single argument has been given for resisting it.

Many of the facts are known, but I want to concentrate on the part that briefly involved me personally in the saga. As shadow Business Secretary, I was preparing—until the previous Business Secretary was caught declaring war on Murdoch—to shadow this procedure. When the decision was taken to refer it to the Culture Secretary, I wrote to Sir Gus O’Donnell on 22 December, referring to public statements made by the Secretary of State and asking whether, in the light of those statements, Sir Gus was satisfied that the Secretary of State could rule with impartiality on this matter.

As is now well known, Sir Gus replied to me on 22 December, stating, having taken advice:

“I am satisfied that those statements do not amount to a pre-judgement of the case in question”.

That seems pretty clear, and that was the judgment made at the time. The judgment has been relied upon by the Prime Minister and the Secretary of State on countless occasions since to justify the Secretary of State’s being asked to exercise that role. It is now clear, is it not, that Sir Gus O’Donnell did not have available to him or his lawyers all the evidence that he might have considered about the suitability or the impartiality of the Secretary of State? Not only that, as the Culture Secretary and the Prime Minister, who relied on Sir Gus’s advice, actively, knowingly and deliberately kept the Cabinet Secretary in the dark about what had been going on between them in respect of matters that were at the very least entirely relevant to whether this Secretary of State was a suitable person to conduct this process.

[Kevin Brennan]

While my right hon. Friend was making this accusation, the Culture Secretary was shaking his head. He now has an opportunity to refute the allegation by intervening. Would my right hon. Friend welcome such an intervention?