Ministerial Severance: Reform

Debate between Kevin Brennan and Michael Ellis

Tuesday 6th February 2024 Commons Chamber

[Sir Michael Ellis (Northampton North) (Con)]

I begin by making a disclosure to the House, which is of course in the public domain and has been for some time: I have received severance pay in the past. I want to make that clear from the outset. I also want to make it clear from the outset that, in my respectful view, some of the ad hominem attacks on named Members of Parliament that we have heard damage the institution of politics rather than working in a partisan way. Those individuals did not do anything wrong: they were part of a system that allocated funding to them, so there should be no legal or moral opprobrium attached to them in their absence, whether they have been notified or not. It is fine to say that the system ought to change, but surely it is not fair to criticise people for being subject to a system that has not been changed.

As I said, I have received severance pay, but I served in Government roles of one sort or another for over 10 years, if one includes non-ministerial positions. In terms of ministerial positions, I served as Deputy Leader of the House of Commons, Minister for the Arts, Minister for Transport, Solicitor General, Attorney General for the first time under one Prime Minister, Paymaster General, Minister for the Cabinet Office, and Attorney General for the second time under a second Prime Minister. In fact, I served under four Prime Ministers in one role or another, and in Cabinet on three occasions. Should I not receive severance pay?

The hon. Member for Sefton Central (Bill Esterson) asked where else this would happen in the outside world. Well, where else in the outside world would we have a situation where there are no redundancy arrangements, no notice periods, no contract between the parties and no consultations, and the employees—if they were employees—could be removed without cause? I am not criticising those things: that is the way Government works. Ministers take on those roles knowing that that is the position, so they should not criticise it—that is the way the cookie crumbles, and those who do not like it should not take the position.

However, there is no point in comparing chalk and cheese. The system operates in a different way from the outside world: we have a constitutional situation in which the Prime Minister, whether he or she be Labour or Conservative, has to have the right of hiring and firing his or her ministerial team. That is an essential prerequisite of the role, and the way it must work—the only way it can work—is by giving the Prime Minister that primus inter pares role, where he or she has that function.

[Kevin Brennan]

I agree with the right hon. and learned Member: Ministers should get severance pay, as I did when I was a Minister. That is absolutely right, but the motion does not suggest that they should not. He was a former Deputy Leader of the House; does he think it is right that a Deputy Leader of the House who served for 81 days should receive three months’ severance pay? That is the question that we are debating today, not the general principle. I agree that there should be appropriate severance pay, and I think other Labour Members do too, for exactly the reasons he has given.

[Sir Michael Ellis]

When one has a system in law, whether it was created 10 years ago, 30 years ago or 100 years ago, it must apply to all. If the system falls out of favour, it can be reviewed, but the example that the hon. Member has criticised is of someone who served in a role and was entitled to take a severance payment. As he himself alluded to, people in the last Labour Government received these payments; in fact, they received payments that were statistically more generous than has been the case under this Government—some £1.6 million in real terms in today’s prices. As has already been said, none of the four Labour leadership candidates in 2010 returned their severance pay; I think they were under some pressure to do so at the time, but declined. When Ministers have no contract, no notice period and no consultation or redundancy arrangements, and can be removed without cause, it is right that that is differentiated from what happens elsewhere, because there is an increased risk.

Independent Adviser on Ministers’ Interests Resignation

Debate between Kevin Brennan and Michael Ellis

Thursday 16th June 2022 Commons Chamber

[Michael Ellis]

They have not always done so, and I gave examples last week in the Opposition day debate of cases where Labour Prime Ministers did not take resignations from Ministers who were found in breach of the ministerial code. I would rather not refer to those names again—they are on the record—but that is an example of a Prime Minister being able to say whether they continue to have confidence in their Ministers. That is a constitutional imperative. They must be able, whether a Labour Prime Minister such as Tony Blair or Gordon Brown, or a Conservative Prime Minister, to have confidence in their own Ministers. They cannot absolve themselves of that responsibility by farming it out to somebody else, however honourable that person is.

[Kevin Brennan (Cardiff West) (Lab)]

I am incredibly grateful to the Minister for confirming to the House that the letter of resignation does exist, because the Deputy Prime Minister, who is also, I understand, a leading lawyer, said on the “Today” programme this morning that he did not know whether the letter exists, and then he went on to say that he had not read it. We are extremely grateful to the Minister for confirming that. Why is the letter not available to us now? He knew he was responding to this urgent question. We could have then discussed its contents. We have heard about Lady Bracknell; what we have before us this morning is Uriah Heep.

[Michael Ellis]

I think we can do without the literary references, but what I will say is that the letter does exist. I can confirm that, and it will be released very soon. By the way, it has only been about two working hours since this matter was dealt with, so the Government are acting very expeditiously.

Dissolution and Calling of Parliament Bill

Debate between Kevin Brennan and Michael Ellis

Consideration of Lords amendments
Monday 14th March 2022 Commons Chamber

[Michael Ellis]

My right hon. Friend is quite right that it is not productive, and, in fact, it would not be in the interests of the judiciary themselves, for the courts to have such a role.

We committed to repealing the Fixed-term Parliaments Act, as it had led to paralysis at a time when the country needed decisive action. In a similar vein, the Labour manifesto said that the 2011 Act

“stifled democracy and propped up weak governments.”

A vote in the Commons could create paralysis in a number of contexts, including minority Governments, coalition Governments, or where our parties, Parliament or even the nation, at some point in the future, were divided.

As a majority on the Joint Committee on the Fixed-term Parliaments Act noted, a Commons vote would have a practical effect only where Parliament were gridlocked. The problem is that if the Government of the day had a comfortable majority, a vote would be unlikely to make any difference; it would have no meaningful effect, beyond causing unnecessary delay and expense. However, when Parliament is gridlocked, a vote could mean denying an election to a Government who were unable to function effectively. We witnessed the consequences of such a vote painfully in 2019, so let us not repeat that mistake by devising a system where those events could happen again. Lords amendment 1 is, therefore, with the greatest possible respect, without merit.

[Kevin Brennan (Cardiff West) (Lab)]

The right hon. and learned Gentleman has mentioned what happens in the event of a minority Government. What would happen where the Prime Minister of a minority Government wished to call a general election, but there was the possibility of an alternative Government being formed? Would that Prime Minister be able to dissolve Parliament by prerogative in those circumstances, or would another person be given an opportunity to form a Government and a majority in the House of Commons?

[Michael Ellis]

I do not want to get into hypotheticals, but what I will say is that the pre-2011 position worked extremely well. There is a reason why it worked well and it was proven to have functioned correctly. We seek to go back to a proven, tried and tested system, which works in a whole variety of different circumstances, not every one of which can be easily expostulated.

Oral Answers to Questions

Debate between Kevin Brennan and Michael Ellis

Thursday 23rd May 2019 Commons Chamber

[Michael Ellis]

We are not pulling up any drawbridges. The political declaration agreed between the UK and the EU specifically acknowledges the importance of mobility for cultural co-operation. Indeed, the Government have announced plans to negotiate reciprocal mobility arrangements with the EU, which will support businesses to provide services and to move their talented people.

[Kevin Brennan (Cardiff West) (Lab)]

May I recommend to the Minister the RSC production of “As You Like It” that my brother is appearing in at Stratford-on-Avon?

As part of the preparations for leaving the EU, the EU has indicated that there will be an opportunity for reciprocal agreement for up to 90 days in the event of a no-deal Brexit. Given the importance of the EU for our performing artists, and for our world-leading musicians as well, can the Minister give us the strongest possible indication that the Government will honour that reciprocal deal with the EU—whoever ends up in charge?

Holocaust (Return of Cultural Objects) (Amendment) Bill (First sitting)

Debate between Kevin Brennan and Michael Ellis

Committee Debate: House of Commons
Wednesday 27th February 2019 Public Bill Committees

[Kevin Brennan (Cardiff West) (Lab)]

I thank everyone who has spoken, including my hon. Friend the Member for West Ham. I also thank my hon. Friends the Members for Bassetlaw and for Ilford North, who are here in support of the Bill and who have done tremendous work themselves in this area over the years.

I congratulate the right hon. Member for Chipping Barnet on bringing this important Bill to Committee. I am happy to confirm that it has the full support of Her Majesty’s loyal Opposition. She spoke once again with great force and authority on this issue. In doing so, she does a great service to not only the British Jewish community and the Jewish community throughout the world but humanity as a whole. The Bill says that the sun should never set on justice and righteousness, and that principle, despite its application to the uniquely horrifying episode that was the holocaust, nevertheless carries universal force in its message of human redemption.

I was privileged some years ago to travel with a group of MPs, prominent figures and sixth-formers to visit Auschwitz-Birkenau. It was one of many such visits organised by the Holocaust Educational Trust, led by its inspirational chief executive Karen Pollock and supported by the then Government. I am glad to say that the scheme exists to this day. Anyone who has undertaken that visit could not help but be horrified by the capacity for human depravity exemplified in the industrialisation of death at the Birkenau death camp, or to be moved to renew their pledge to fight antisemitism and oppose the politics of racism and hatred. The Bill is a small practical manifestation of the fulfilment of that duty, and I thank the right hon. Lady for piloting it thus far.

I also pay tribute, as the right hon. Lady did, to the work done by Andrew Dismore, the former Member of Parliament for Hendon and a current London Assembly member. He was rightly praised by the shadow Culture Secretary, my hon. Friend the Member for West Bromwich East (Tom Watson), on Second Reading. Andrew Dismore worked tirelessly to get the original Act, which the Bill seeks to extend, through the House in 2009—even sleeping on the floor of the Public Bill Office overnight, as one used to have to do, to ensure that he had a high enough place in the ballot to get his Bill heard.

Andrew Dismore also introduced the private Member’s Bill that established Holocaust Memorial Day in 2001. I recently attended the Welsh national Holocaust Memorial Day event in Cardiff city hall, and other hon. Members will have attended their own events. We heard from the First Minister of Wales, Mark Drakeford, and from Renate Collins, who was “torn from home”, which was the theme of Holocaust Memorial Day, as my hon. Friend the Member for West Ham said. As a child, Renate Collins was evacuated from Prague in 1939, and she came to live in Wales, where she still lives.

As we know, the holocaust was one of the worst events in human history, with millions of lives extinguished and millions more changed forever. The fact that it happened on our continent, in the heart of western civilisation, is a reminder of why we must be constantly vigilant against antisemitism and all forms of racism and remember that genocide starts with casual prejudice—in the dehumanisation of others who are deemed different by virtue of religion, ethnicity, lifestyle or sexuality. That such horror could be perpetrated, not just by those directly involved, but because of the indifference of others in the general population, should make us all reflect on what Hannah Arendt called the banality of evil and on our own roles in actively preventing it from taking root. Let us give thanks to the important work of all organisations that ensure that the world will never forget.

The Bill addresses an extremely important subject: the return of cultural objects looted by the Nazis. During the Nazi reign of terror, millions of precious cultural objects were stolen from the Jewish community. Some have been recovered, but many thousands remain missing. It has been estimated that around 100,000 objects stolen by the Nazis are still missing. We should do everything we can to reunite cultural objects that surface with their rightful owners. More than 70 years from the end of world war two there are still families who have not been reunited with precious artefacts that rightly belong to them.

As many survivors of the holocaust reach the sunset of their lives, it is vital that their descendants have confidence that this Parliament is committed to ensuring that the sun does not set on their ability to recover what is rightfully theirs. The Bill, as we have heard, repeals the sunset clause provision of the 2009 Act, which gave our national museums and galleries the power to return these special cultural objects on the recommendation of the Spoliation Advisory Panel.

Since 2000, 23 cultural objects taken by the Nazis have been returned to their rightful owners, including a John Constable painting, stolen by the Nazis after the invasion of Budapest, which was returned by the Tate in 2015. We must ensure that the panel can continue its vital work. It has carried out its work fairly and delivered justice to the families of those whose precious possessions were stolen. It works in co-operation with our national museums and galleries, the directors of which I addressed at their council meeting at the Science Museum yesterday. They support the panel’s work and are in agreement on the urgency and necessity of returning stolen objects to their owners.

This is a carefully targeted, specific piece of legislation that works well. It is particularly important for those whose stolen possessions have, sadly, still not been found. For those who might not even know about this process and might not even harbour a hope of getting back what their families once treasured, the Bill can also give hope.

When I undertook that visit with the Holocaust Educational Trust over a decade ago, the spectre of antisemitism might have seemed, to some, to be on the wane, but it is clearly on the rise again, with antisemitic hate crimes, as my hon. Friend the Member for West Ham mentioned, hitting a record number in 2018. That should anger us all, and we must do everything in our power to face it down, including by supporting honourable colleagues from all parties who have been the subject of death threats, racist and misogynistic abuse, bullying and antisemitism. I once again thank the right hon. Member for Chipping Barnet for all the work she has done on this vital Bill, which delivers a small amount of justice to those who have suffered so greatly.

In closing, let me say that I had the pleasure in 2017 of watching the Liverpool Everyman theatre production of the beautiful musical “Fiddler on the Roof”, which included—I hope no one minds my mentioning this—my brother Patrick in the starring role of Tevye. Colleagues will know that it tells the story of a Jewish family in Russia who were forced from their home by the pogroms that were the precursor of the ultimate obscenity of the Nazi holocaust. In thinking of the Bill and what it seeks to do, the words of one song my brother sang in that production came to mind:

“Sunrise, sunset, sunrise, sunset

Swiftly fly the years

One season following another

Laden with happiness and tears.”

As the years fly ever more swiftly by, let us hope that the right hon. Lady’s Bill, in removing the sunset clause, will bring a small ray of happiness to some victims’ families, as they contemplate through tears the horror that befell their relatives because good people did too little, too late to stand up to evil.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Michael Ellis)]

I start by thanking all colleagues who have spoken so powerfully this afternoon. This is one subject where we should all speak as one. Let me say on behalf of Her Majesty’s Government that we strongly support the Bill. As a nation, we must continue to pursue every effort to track down and return cultural objects lost during the Nazi era, when families were wrongfully and criminally dispossessed of these items, often in the most vicious and cruel way.

Our national museums take these issues very seriously, as they should, and they have been working to identify objects in their collections with uncertain provenance from between the years 1933 and 1945. That research is held on a recently upgraded online database, which is actively maintained by editors from the 47 contributing UK museums, and co-ordinated by the Collections Trust on behalf of the Arts Council.

Oral Answers to Questions

Debate between Kevin Brennan and Michael Ellis

Thursday 31st January 2019 Commons Chamber

[Michael Ellis]

It is important to have music in schools—I absolutely recognise that—and I am working closely with colleagues at the Department for Education. I have meetings with the Minister for School Standards and am pleased to be hosting a roundtable with him next week on the provision of music in schools.

[Kevin Brennan (Cardiff West) (Lab)]

The Government’s recent funding announcement on music education will barely cover the pay increase for people who teach music. Since 2011, more than 1,200 music teacher jobs have been lost. Is that not a direct result of the Government’s contemptuous attitude towards creative subjects?

[Michael Ellis]

Of course, the state of education that the Government inherited in 2010 was because of the previous Labour Government’s incompetence. As a consequence of Labour’s education failures, this Government focused on science, technology, engineering and maths. We now want to focus on arts subjects, including music, as well.

Town of Culture Award

Debate between Kevin Brennan and Michael Ellis

Wednesday 23rd January 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Michael Ellis)]

It is a real pleasure to close this debate, Mr McCabe. I thank the right hon. Member for Delyn (David Hanson) for securing it and all hon. Members present for their valuable contributions and advertisements for their towns or localities. I also thank those hon. Members who co-signed the letter to the Secretary of State asking that our Department establish a town of culture award.

I am thrilled with this debate, because it really is recognition of the value of culture generally, which we all know about; as Culture Minister, people would expect me to say that. I have been to 35 locations around the country in the past 12 months and seen the value of culture in towns, villages and cities alike, and how important it is for society as a whole.

I join colleagues in celebrating the rich heritage and culture of towns across the UK. I must confess to being possibly a little biased in favour of this motion, as my own constituency is in a town. Of course that town is the very best of towns—I was born and brought up there and it has its own very generous share of cultural heritage—so I recognise, first and foremost, the value of towns. Creativity, arts and heritage make our towns and all our places—cities included—unique, and our communities better places to live in. A Conservative colleague suggested recently that we should also have a county of culture. Culture goes across the board.

As the right hon. Member for Delyn has highlighted it, I will say something about the UK city of culture award, because it has a powerful social and economic impact on the winning bidders. Hull 2017, which has been alluded to, leveraged truly enormous private investment and generated £300 million through increased tourism alone.

I understand the potential for arts and culture to transform communities, which is why a range of places, including towns, can already enter the UK city of culture competition. Of course I recognise that towns will have a lot to compete against when they come up against cities in the same competition. The bidding process for the title of the 2021 UK city of culture, which was awarded to Coventry, invited bids from cities and towns, and it allowed partnership bids from two or more neighbouring cities or towns, or from a closely linked set of urban areas. That is one way of dealing with this issue.

It is for individual places to weigh the benefits of bidding, in terms of galvanising local partners and raising the profile of the place, compared with the costs of putting together a bid. I am currently reviewing the criteria for any future competitions and will continue to keep under careful consideration the offer to towns, as well as the burden of bidding. This debate has been very influential in that regard, so I again congratulate the right hon. Gentleman on securing it.

[Kevin Brennan]

It is welcome that the Minister is reviewing the competition criteria. When does he expect to report back on his conclusions?

[Michael Ellis]

The hon. Gentleman will be among the first to know. Of course, there are already a number of Government-wide initiatives to invest in our towns and high streets. I have only a few minutes left to highlight some of them; indeed, some have already been alluded to by hon. Members.

I am also keeping under careful consideration the effectiveness of different types of support to help towns and other places to prosper. Wider Government support for towns and high streets includes, of course, the future high streets fund, which is worth £675 million. It was announced in the autumn Budget to encourage vibrant town centres where people can live, shop and spend leisure time.

The prospectus for that fund was only published in December. It invites local authorities to submit expressions of interest for capital funding. There is a lot of money available, so I encourage hon. Members to invite their local authorities to take an interest in the fund and submit expressions of interest.

Of course, DCMS-related sectors contribute to successful and healthy high streets, and it is key that they do so. The Royal Society for Public Health report, “Health on the High Street: Running on Empty 2018”, found that residents of towns with healthy high streets live on average two and a half years longer, and that libraries, museums and galleries contribute to the healthiest high streets. Culture has a powerful health as well as wellbeing benefit, and has a positive cultural impact.

The Government’s plan for the high street also includes the creation of a high street taskforce in 2019 to support local leaders. The Government already run the Great British High Street awards, a hotly contested competition to find Britain’s best high street. Crickhowell was announced as the overall UK winner for 2018, and I was delighted to see St Giles Street in my town of Northampton win the category in 2015. Towns can win, and this competition enables towns to raise their profile and celebrate local efforts to create vibrant town centres that are loved by their communities.

Oral Answers to Questions

Debate between Kevin Brennan and Michael Ellis

Thursday 8th February 2018 Commons Chamber

[Michael Ellis]

Before I do just that, may I take this opportunity to congratulate my hon. Friend, because I understand that she has just got engaged? I also understand that it was her birthday in the last few days, so double congratulations.

[Kevin Brennan (Cardiff West) (Lab)]

It is Valentine’s day next week!

[Michael Ellis]

It is Valentine’s day next week as well. To answer the question, the national museums have a strong track record on this issue. Last year, the national collection was lent out to more than 1,300 venues, with long-term loans and partnership galleries, multi- object exhibitions and one-off star loans. To help encourage further loans, Arts Council England has provided £3.6 million to regional museums to help to improve their galleries to protect and display objects.