Ministerial Code

Lindsay Hoyle Excerpts

Monday 26th April 2021 Commons Chamber

[The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)]

The ministerial code is the responsibility of the Prime Minister of the day. It is customarily updated and issued upon their assuming or returning to office. The code sets out the behaviour expected of all those who serve in government. It provides guidance to Ministers on how they should act and arrange their affairs to uphold those standards. The code exists and should be read alongside the overarching duty on Ministers to comply with the law and to protect the integrity of public life.

The current version of the code was issued by the Prime Minister in August 2019 shortly after he assumed office. While the code sets out standards and offers guidance, it is Ministers who are personally responsible for deciding how to act and conduct themselves in light of the code, and, of course, for justifying their actions and conduct to Parliament and to the public. That is as it should be in a robust democracy such as ours. Ministers are not employees of the Government, but rather office holders who hold their office for as long as they have the confidence of the Prime Minister as the Head of Government. It is always, therefore, the Prime Minister who is the ultimate judge of the standards of behaviour expected of an individual Minister and of the appropriate consequences were a breach of those standards to occur.

The code also sets out a role for an independent adviser on Ministers’ interests. It is an important role, the principal duty of which is to provide independent advice to Ministers on the arrangement of their private interests. The independent adviser also has a role in investigating alleged breaches of the ministerial code. As the House will be aware, Sir Alex Allan stepped down from his role towards the end of last year. Following the practice of successive Administrations, the Prime Minister will appoint a successor to Sir Alex. The House will understand that the process of identifying the right candidate for such a role can take time. However, an appointment is expected to be announced shortly. The House will be informed in the usual way as soon as that appointment is confirmed. It will clearly be an early priority for the new independent adviser to oversee the publication of an updated list of Ministers’ interests. I expect that will be published shortly after a new independent adviser is appointed.

I can, of course, reassure the House that the process of managing Ministers’ interests has continued in the absence of an independent adviser, in line with the ministerial code, which sets out that the permanent secretary in each Department and the Cabinet Office overall have a role. Ministers remain able to seek advice on their interests from their permanent secretary and from the Cabinet Office. The ministerial code has served successive Administrations well and has been an important tool in upholding standards in public life. It will continue to do so.

[Mr Speaker]

Let us go to the SNP spokesperson for the urgent question. I call Alison Thewliss. [Interruption.] Order. Can I just say to Members that they should be wearing a mask in the Chamber? For the two Members sat there: please, it is not my decision, but the decision of Public Health England that we should be wearing masks. If you do not wish to, please leave the Chamber.

[Alison Thewliss]

Thank you, Mr Speaker—[Interruption.]

[Mr Speaker]

Order. We will have to suspend the sitting if Members do not wear their masks. That is not on my order, but Public Health England’s.

[Alison Thewliss]

Thank you, Mr Speaker, for granting this urgent question.

In his foreword to the “Ministerial Code”, the Prime Minister says:

“To…win back the trust of the British people, we must uphold the very highest standards of propriety…No misuse of taxpayer money and no actual or perceived conflicts of interest. The precious principles of public life enshrined in this document—integrity, objectivity, accountability, transparency, honesty and leadership in the public interest—must be honoured at all times”.

Well, this UK Tory Government is failing on all counts. They are riddled with conflicts of interest and allegations of corruption. Indeed, 37% of the public think the Prime Minister is corrupt—53% think that in Scotland—and that is before getting into the latest on what the Prime Minister is alleged to have said, which is that he would rather see bodies pile up in their thousands than order a third lockdown. Despicable, cruel and callous. Comments not befitting the office of Prime Minister.

Transparency International’s “Track and Trace” report raised serious questions on 73 Government contracts worth £3.7 billion. Of those, 24 personal protective equipment contracts, worth £1.6 billion, were handed to those with known political connections, with a further £536 million on testing services. We need to know who has benefited and what their links are to Ministers, especially in the light of the VIP lane that the National Audit Office identified as a risk. People on that list were 10 times more likely to win a contract. Transparency International identified the VIP lane as potentially a

“systemic and partisan bias in the award of PPE contracts.”

Will the Minister stop hiding behind commercial confidentiality and publish in full the details of those VIP contracts, along with who recommended them? It is our money and we have a right to know. Will he also finally publish the updated register of Ministers’ interests?

From the contracts for the Health Secretary’s pub landlord to the cosy chumocracy of the Greensill Capital affair, the casual text messages between the Prime Minister and Sir James Dyson promising to “fix” tax issues, apparently in exchange for ventilators that we never even got, and now questions over the Prime Minister’s funding for feathering his Downing Street nest, does the Minister agree that there is a clear pattern of behaviour and it absolutely stinks? The UK Tory Government are about to prorogue the House to duck further scrutiny. In the absence of an independent adviser to investigate Ministers, we can no longer trust them to investigate themselves; that much is clear. Will the Minister for the Cabinet Office instead instruct a full independent public inquiry to get to the bottom of the sleekit, grubby cabal in charge of the UK?

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[Michael Gove]

My hon. Friend makes a very important point, and the work he has done to increase standards in public life has been applauded across parties and across this House, and, indeed, outside it. The Government and the new independent adviser on ministerial standards will want to reflect on Lord Evans’s recommendation and other points to make sure that we can have the maximum confidence in our system.

[Mr Speaker]

We now come to the SNP spokesperson, Mr Stewart Hosie.

[Stewart Hosie (Dundee East) (SNP)]

I thank my hon. Friend the Member for Glasgow Central (Alison Thewliss) for securing this important urgent question. We have had PPE contracts awarded to donors and cronies without a robust tender process, NHS contracts awarded to a firm partly owned by the Health Secretary, privileged secret communications between an ex-Prime Minister and the Chancellor, and between James Dyson and the current Prime Minister—and I could add a Tory fondness for oligarchs—and the allegation of Tory donors funding the Prime Minister’s home improvements. There is no point in the Minister’s sitting there, part bombast and part Teflon Don, hoping that the stench of cronyism will simply pass. It is far too late for that. When did this Government judge that integrity, probity, transparency and the ministerial code were obstacles to be overcome rather than principles to always be adhered to?

--- Later in debate ---

[Michael Gove]

My hon. Friend makes an important point, and existing trusts are responsible for looking after Dorneywood, Chequers and, I believe, Chevening, where Labour, Liberal Democrat and Conservative politicians have used those facilities in order to discharge their duties. Downing Street is a working building, and it is appropriate, as has been the case in the past, as I referred to earlier, that some public money is allocated to ensure that the Prime Minister and others who work in that building can perform their duties as appropriate. Of course, when we are spending taxpayers’ money we must have a care—we must recognise that this money is entrusted to us—but when it comes to Government buildings, particularly Government buildings such as Downing Street, there is a role for public funding in making sure that they function effectively, on behalf of all of us.

[Mr Speaker]

Let us go to Geraint Davies. Oh, an empty chair. In which case, let us go to Jack Brereton.

[Jack Brereton (Stoke-on-Trent South) (Con)]

Does my right hon. Friend agree that if the Leader of the Opposition was really serious about tackling corruption, he would start by cracking down on the Labour Government in Wales, who handed out NHS contracts worth more than £650,000 to a Labour activist without any kind of competitive tendering process?

--- Later in debate ---

[Michael Gove]

It was clear from what the Prime Minister and the Secretary of State for Digital, Culture, Media and Sport said in the wake of the suggestion that there should be a European super league that they were wholly opposed to that venture. My understanding—I was not there at the time—is that the conversation with Ed Woodward of Manchester United related to the broader opening up of sporting events and what social distancing or other measures might be necessary to allow more of us to go back to football matches.

[Mr Speaker]

I will now suspend the House for three minutes to enable the necessary arrangements to be made for the next item of business.