Lord Mandelson: Government Response to Humble Address Debate
Full Debate: Read Full DebateLindsay Hoyle
Main Page: Lindsay Hoyle (Speaker - Chorley)Department Debates - View all Lindsay Hoyle's debates with the Cabinet Office
(3 weeks, 6 days ago)
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As I have set out to this House on previous occasions, the Government are working to comply with the motion passed in February. I can reassure the House that this remains the case, and I can provide the following update today.
The Government confirmed before Prorogation that we had referred more than 300 documents to the Intelligence and Security Committee. At the time, that represented all the documents in scope of the motion where the Government believed that publication would be prejudicial to UK national security or international relations. The Government have repeatedly assessed all the documents we have collected to make sure that all of those that need to be referred to the ISC are referred to the Committee. As part of this quality control process, the Government identified a small number of further documents that we felt should be reviewed by the ISC, and we immediately submitted those documents to the Committee. As Friday’s statement from the Committee set out, it has now considered all those documents.
As I have previously said to the House, the Government will be publishing a second tranche of material. This is currently being finalised and will be one of the largest Government publications ever laid in this House. That is reflective of the breadth of the motion, and also the Government’s commitment to transparency in responding to it. It constitutes a very significant disclosure exercise involving sensitive material from across Government. The Government have taken seriously our obligations to comply with the Humble Address in full, while also upholding other public interest issues, such as our duty of care to junior staff. The Government have carried out this work according to a robust process, with assurance from an independent KC.
Given that the House is due to rise on Thursday, and given the length of the publication, the second tranche will now be published after Whitsun recess to give the House sufficient time to review the material and to be able to ask me and the Government questions. It could have been published this Thursday, but I felt that the House would have deemed that to be inappropriate, given that it will be such a significant publication. [Interruption.] To refer back to my previous comments, this will be the largest publication—other than, I think, the Chilcot inquiry report—ever published to the House.
When the Government publish the second tranche of documents, we will also publish a methodology confirming the process we have followed, and the basis on which content has been redacted will be clear from the published information. The targeted redactions made to the material, beyond those relevant to national security or international relations, have been made in line with clear precedent set by previous Administrations in responding to Humble Addresses.
As I set out to the House on 23 February, and again when we published the first tranche of material on 11 March, we have taken the normal approach to redacting junior officials’ names, contact details such as telephone numbers and email addresses, the personal data of third parties where that is not in scope of the motion, and, where relevant, legal professional privilege. That has been done using the principles set out in the Freedom of Information Act 2000, and in line with the ministerial code and the resolutions on ministerial accountability passed by both Houses in 1997. Those resolutions state:
“Ministers should be as open as possible with Parliament, refusing to provide information only when disclosure would not be in the public interest, which should be decided in accordance with relevant statute”.
I am sure that Members across the House will recognise that there is no public interest in the Government publishing the names and contact details of junior officials or their telephone numbers.
Order. Minister, you have been in the House for some time. Ministers have three minutes to respond to an urgent question, and it is over three and a half minutes now. I was not given notice of extra time being needed, and other people would obviously need to know that, too. I set out the rules of the House, and we should adhere to them. We have broken them once again, and we have only been back a few days.
Forgive me, Mr Speaker. In that case, I will sit down and provide further detail in answer to questions from Members.
In response to the questions from the right hon. and learned Gentleman about compliance with the Humble Address, I refer him to the statement that I have made previously in relation to the principles set out in legislation and the motions of the House.
The right hon. and learned Gentleman was, I think, asking me specifically about personal data that was collected as part of the security vetting process. As I think he suggested, the raw data that is collected as part of those investigations—perhaps relating to how much money someone has in a particular account, or with whom that person may have had a personal relationship in the past—would never be published, because if we did so, people would feel unable to answer those questions honestly and frankly in any UK security vetting investigation in the future, which would undermine the very basis of our national security system.
My first concern is about the number of WhatsApp and other channels that have been used for very informal but important communications between officials and Ministers—a practice that seems to have started very actively under the Johnson Government and continued thereafter. My second concern is about the use of low-level IT systems for quite serious documents of record. Can the Minister update the House on what is being done to tighten up those important channels?
I share those concerns as well as similar concerns that have been raised by the Intelligence and Security Committee, not only about the extensive use of what we call non-corporate communications channels but about information that should have been on a higher level of classification that was shared at “official sensitive”. I have already announced to the House the imminent start of a review of the use of non-corporate communications channels, and I shall be taking further action to ensure that sensitive information is shared at the appropriate classification.
I take these matters very seriously, as I am sure Members across the House would recognise, and I will not for one instant countenance the idea that, as loud as the hon. Gentleman may want to shout it, there is a cover-up. If there was any suggestion of a cover-up, I would not be standing at this Dispatch Box to defend the process; I would resign. That has not been the case, and I suggest the hon. Gentleman may want to focus on the substance of the matter at hand.
On the questions the hon. Gentleman has put to me, I have answered them in the statement and in my answer to the deputy Chair of the Intelligence and Security Committee, and I refer him to my previous answers.
To confirm, the documents that relate to the recommendation put to the Foreign Office and the Foreign Office’s decision to appoint Peter Mandelson irrespective of the recommendation that was put to it have been referred to the Intelligence and Security Committee. What has not been referred is the raw data collected as part of interviews undertaken with Peter Mandelson, which in any circumstances we would not share in relation to any appointment. I confirm that neither I nor any decision maker in this process has seen that level of personal detail, because it is kept so securely to ensure that, when people go through this process, they feel able to give full and frank answers, without a wide range of politicians or others seeing their deeply personal information.
Lisa Smart (Hazel Grove) (LD)
This House did not pass the motion on the Humble Address so that Ministers could decide, four months later, which inconvenient information they would prefer that Parliament did not see. Given the ISC’s concerns that the Government are redacting information far too broadly, we must ensure that the Government are not just withholding documents and information from Parliament on their own say-so. Every day this pantomime drags on, public trust erodes further. Parliament asks for transparency, Epstein’s victims deserve justice and the public deserve answers, not redactions. The point is not that any Member of this House wants a junior civil servant’s personal data to be published, but that it is not the Government’s decision where the line is to be drawn.
Given that documents on Andrew Mountbatten-Windsor’s trade envoy role are also due to be laid before this House shortly, will the Minister confirm that he will personally ensure that those are produced without redaction, too?
On a point of order, given that this applies directly to the Minster, I draw the House’s attention to the motion tabled by the now Prime Minister on 4 December 2018 following non-compliance with a previous Humble Address. It starts:
“That this House finds Ministers in contempt for their failure to comply with the requirements of the motion for return passed on 13 November 2018”. —[Official Report, 4 December 2018; Vol. 650, c. 668.]
That motion was passed by this House.
We have just debated an area where the Government may potentially be in contempt of the House; indeed, the obfuscation we have heard looks like that. It is important that the House and the Government know that there is precedent in this area. I give notice that if, after we have received the next tranche of documents, the Humble Address has not been met in full, or if we have not been told the truth, the whole truth and nothing but the truth, I will seek to table such a motion.
I do not want to continue the debate, so this is advice for other Members who are trying to catch my eye: an experienced Member like Sir David will not leave it here, but will pursue this through the many other avenues that are available. I suggest that the issue will be coming back at some point. I have also had a letter from the ISC, and at some point I will also need to respond to it, so it is not quite the end as we sit here.
Further to that point of order, while I do not have the same experience as my right hon. Friend the Member for Goole and Pocklington (David Davis), the Minister has said that the documents are ready to publish and that the only issue is securing Government time to do that on 1 June, the first day back after recess. What advice can the Speaker provide to the House on what other mechanisms are available to ensure that there is time on that day, if the Government are unwilling to allocate it?
It is not a matter for me; it is a matter for the Government, thankfully. As I understand it, there is a very large number of documents. What has not been mentioned in this debate is the ability to print such a large number and make them available to the House. I have been advised that publication will be coming as soon as possible—I do not want to speak for the Minister, but rest assured that it will not be left. It is important that we have time to go through those documents. They may be good reading for Whitsun; other Members may be campaigning. I am keeping a very close eye on it, but I understand that there is a big issue with printing such a high number of documents, so it is not as straightforward as has been presented.
Further to that point of order, the Minister’s excuse for not guaranteeing that the documents will be available by 18 June is that he would need to secure parliamentary time. This is news to some of us, who have been here a while and understand that the Government effectively control the timetable of Parliament. Indeed, every Thursday when the House is sitting they make a business statement to tell us what is coming up in the next two weeks. Mr Speaker, are you aware of anything in the Standing Orders or Erskine May that would prevent the Government from making a business statement on Thursday, naming a day for publication after the Whitsun recess?
We love speculation. I did not quite hear the Minister say that he was worried about the by-election. I know that the Minister will want to ensure that this House is informed as soon as possible. I will look to ensure that that happens. Let us calm down and not speculate too much. Hopefully, Whitsun may bring some generosity to some Members—I think they need a little bit more sunshine.