Prime Minister’s Adviser on Ministers’ Interests

Lindsay Roy Excerpts

Tuesday 17th July 2012 Commons Chamber

[Lindsay Roy (Glenrothes) (Lab)]

Before making a few substantive points, I would like to thank the Backbench Business Committee for prioritising this debate, ensuring that we have time for it on the last sitting day before the recess. The Backbench Business Committee has earned our respect and admiration for ensuring that such vital matters are the focus of attention—and what could be more important than propriety and integrity in public life?

I congratulate the hon. Member for Harwich and North Essex (Mr Jenkin), the Chairman of the Public Administration Select Committee, on his powerful speech, which set out a clear rationale for the independence of the adviser on the ministerial code of conduct. I commend the hon. Gentleman’s tenacity and his determination to succeed in pursuing this vital issue. It is a matter that has the support of all PASC members, and indeed the independent Chairs of other Select Committees.

I, too, start from a premise—one that it is absolutely fundamental to effective government that it must abide by underpinning principles of integrity, fairness, openness and transparency. I have no doubt whatever that it was in that spirit that the office of the independent adviser on Ministers’ interests was established. It was, I believe, set up in good faith, with the Prime Minister having the power of decision on whether or not to instigate investigations. However, based on experience over the last four years, that notion is well past its sell-by date. Since that time, we have seen a dramatic turn of events, including the expenses scandal, which has called the integrity of Parliament into question. To put it bluntly and specifically in relation to the ministerial code, experience over the last few years underscores the need for outright independence.

When in opposition in 2010, the Prime Minister promised to strengthen the ministerial code. He said:

“we must remember that we are not masters but servants. Though the British people have been disappointed in their politicians, they still expect the highest standards of conduct. We must not let them down.”

When questioned in a recent interview about six significant changes in Government policy, he said:

“When you’ve got something wrong, there are two things you can do in government: you can plough on regardless, or you can say, ‘No, we’re going to listen, we’re going to change it, we’re going to get it right.’”

My challenge to the Prime Minister is to say, “Stop ploughing a lone furrow, and take this opportunity to ‘get it right’”. The strength of feeling in this House and in the wider public domain sends a clear message—that the application of scrutiny of the ministerial code lies not just with the Prime Minister, but indeed with the whole House. The overwhelming view is that the independent adviser must be given the power to instigate his own investigations on our behalf.

The retirement of Sir Philip Mawer provided a timely opportunity for the Prime Minister to change the status of, and relationship with, the independent adviser. However, not only was that golden opportunity missed but, to add insult to injury, the new appointment was made through a closed recruitment process. This added fuel to allegations that the independent adviser was merely a pawn of the Prime Minister. So let me make my position very clear: no longer can the Prime Minister act as team captain, goalkeeper and referee at the same time; no longer can the Prime Minister alone dictate the interpretation of the rules that might merit invoking an independent investigation; no longer should we need to devote part of an Opposition day to debating robust and fair application of the codes, and neither should we have the highly charged and intensely heated exchanges, to which our Chairman referred earlier, within this Chamber that characterised the most recent debate.

In these volatile political times, the concentration of such power in the hands of the Prime Minister leaves him open to charges of partisan treatment and bias. Because ours is a largely unwritten constitution, we must be particularly careful that institutions and political offices retain their integrity and credibility. An independent adviser must have the authority to speak truth unto power. In addition, there are weighty matters of state that demand the Prime Minister’s full attention, both at home and abroad. With such a heavy and important political agenda, the argument that application of the “Ministerial Code” must be vested in the adviser is all the more cogent.

I entirely endorse the summary by the Public Administration Committee, which states:

“The reform of ethical regulation in British public life must be undertaken openly, consensually and on the basis of sound principle.”

Whatever the reality, there is a public perception of ad-hockery surrounding the appointment of the independent adviser by the Prime Minister, and the current situation creates further attention to bring our political process into disrepute. I urge everyone to support the motion so that we can ensure that there is a real separation of powers when we are dealing with the propriety and integrity of Members of this august House.