Lord Mandelson Humble Address: Government Response Debate
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Main Page: Lord Pack (Liberal Democrat - Life peer)Department Debates - View all Lord Pack's debates with the Cabinet Office
(1 month, 3 weeks ago)
Lords ChamberMy Lords, this scandal began with the Prime Minister’s decision to appoint Peter Mandelson as His Majesty’s ambassador to Washington. Mandelson is a man whose relationship with Jeffrey Epstein was already known to be a profound reputational risk and whose later published record included cash payments and benefits from Epstein, including travel.
At the core of this story is not merely a failure of process; it is a failure of judgment. It is the Prime Minister’s failure, and it shows a callous disregard for the victims of one of the most notorious sex offenders of modern times.
In truth, we have learned little that is surprising from what is actually in these documents. It is no surprise that Lord Mandelson displayed contempt for the Prime Minister, for cabinet government and for officials and advisers alike, despite his public utterances. He described No. 10 as “beleaguered and bereft”, said it needed a “complete revamp” and claimed that senior people in Downing Street did not know what the Prime Minister wanted; indeed, that most of them did not think that the Prime Minister knew what he wanted.
Of equal concern is that, clearly, Ministers spent a lot of time discussing party politics with a supposedly politically impartial official. Can the Minister confirm that that failure to uphold the impartiality of the Civil Service is in contravention of the Ministerial Code?
What is most revealing is not what the documents contain; it is what they do not contain. Nowhere is there candid written submission, whether from officials or political advisers, saying, “Prime Minister, this appointment is unwise. This candidate carries unacceptable reputational risk. This office demands a higher standard”. We have not been shown a written decision from the Prime Minister or the Foreign Secretary authorising the appointment on the merits. Instead, we are given peripheral documents: process, risk, choreography, vetting, and announcement handling. One chain says simply that
“a political appointment has been agreed”.
The Cabinet Secretary later records that earlier advice explained the Prime Minister’s right to
“make such an appointment and the process for doing so but did not give specific advice on candidates”.
So, for all the Prime Minister’s talk of leadership, the record before us suggests that not one person serving him felt able or willing to advise him candidly in writing that this appointment was folly. That is a remarkable indictment of the culture at the centre of government.
It is also deeply ironic. This is a Prime Minister who has staked much of his moral authority on the Hillsborough law and a statutory duty of candour. He has said that such a duty is needed so that the truth is not optional and cover-ups are impossible and that the law would change the balance of power so that the state can never hide from the people it should serve. Those are admirable sentiments. They arise from hard and bitter experience: Hillsborough, infected blood, Covid—all where families were forced to fight the state, not only for justice but for records, evidence and truth.
Perhaps the one person in government who did, in private, take the duty of candour seriously was Pat McFadden, who told Lord Mandelson:
“Every meeting I have is: ‘Who can we tax in order to pay benefits to others?’ They’re asking the wrong questions”.
What a shame that he felt that that duty did not extend to the electorate.
Does the Minister appreciate how surreal it is for a Government to preach candour in public office while, in relation to one of the gravest scandals in British diplomatic history, they appear assiduously to have avoided creating clear records of advice and decision? Candour is not merely what Ministers say at a Dispatch Box after the event. Candour is what advisers write down when the powerful are about to make a grave mistake.
There is a further problem. The Government acknowledge that material has been withheld so as not to prejudice an ongoing Metropolitan Police investigation, and say that further publication may follow. But where is the schedule? How many relevant documents have been withheld? What categories do they fall into? Who authored them? What dates do they cover? What broad subjects do they concern? I ask the noble Baroness to undertake that the Government will provide the House with a clear account of what has been withheld and why.
Finally, responsibility cannot be outsourced to officials, advisers or process. The responsibility lies with the Prime Minister. If further confirmation were needed of Lord Mandelson’s total unsuitability, it is found in the extraordinary discovery that after his appointment had been publicly announced, he still planned to participate in UBS’s Greater China Conference in Shanghai in his Global Counsel capacity, and that he would be paid for it. Officials further recorded that he asked to start on the FCDO payroll in order to facilitate that private engagement. This was a man with no proper regard for propriety, ethics or the dignity of public office, and he has been driven from office and from public life. The remaining question is how long the Prime Minister who appointed him can credibly remain.
Lord Pack (LD)
My Lords, when discussing such matters we should always start with remembering and honouring the bravery of the women and girls who came forward to tell the truth, revealing the grim reality of the behaviour they and others had been subject to. Their commitment to truth stands in stark contrast, sadly, with Peter Mandelson’s decision to withhold key information from the papers we are discussing today.
However, turning to what we do have, and starting on a positive note, the Government’s new guidance on direct ministerial appointments published alongside the humble Address now says—and it is very welcome:
“Where security vetting procedures are necessary, these should be undertaken and completed before an appointment is confirmed and announced”.
I have raised before the rather bizarre, back-to-front nature of appointing somebody first and only then checking whether they are suitable, so that is a very welcome change and should be acknowledged as such.
On a possibly less positive note, I see that the terms of reference for the vetting review have also been published alongside this tranche of documents. I have previously expressed concerns about how the results of Peter Mandelson’s vetting were reported to others through a daisy chain of verbal briefings, such that in the end the Prime Minister was hearing the outcome of the vetting process third hand, without sight of the relevant outcome documents. Whatever we think about the judgments made in that process, that is clearly a very brittle process, prone to error and lack of accountability. Can the Minister therefore confirm that the vetting review will include not just how vetting is done, which is clearly within scope, but how its results are reported to others, including looking at the merits of replacing that culture of verbal briefings with a clear, documented paper trail?
Moving on to what is definitely not, I am afraid, a positive note, the messages that we now can see from inside government show a clear and widespread embedding of the culture of government by WhatsApp. I have previously asked about the promised review of the Cabinet Office’s guidance on the use of WhatsApp, which still, at the bottom of the page on GOV.UK, states:
“This guidance will be reviewed on or before 31 December 2025”.
Last month, when I queried when the review will be completed, the Minister told me:
“I expect it to be before your Lordships’ House imminently for us to discuss the detail”.—[Official Report, 19/5/26; cols. 280-81.]
However, yesterday, in the House of Commons, the Minister, Darren Jones, told the House simply that the terms of reference for the review will be published “very shortly”. So we have gone from a promised review before 31 December 2025, to an expectation last month that details were imminent, to a hope yesterday that the terms of the review will be published very shortly. It seems that each time, as time passes, we are getting further away from the completion of the review. What assurances can the Minister give us about the Government’s commitment to sorting this issue out and ensuring that this review is fully completed —and promptly?
Turning to the papers themselves, I have four questions. Running through much of the correspondence is the idea from officials that membership of the House of Lords exempts you from vetting requirements in many circumstances. It is a repeatedly expressed belief. Given the limited nature of the checks made on those of us who have the privilege of joining this House, and given that those checks have in many cases been carried out several decades previously, can the Minister confirm the Government’s position? On what occasions, and for which posts, would someone who otherwise has to be vetted be exempted from vetting by virtue of being a Member of this House?
Secondly, there is the email from a civil servant to Peter Mandelson on 21 January last year—volume 1, page 77—regarding the vetting team’s request for the names of his foreign contacts. The email said:
“I suggest you send over the handful of names you mentioned, even though you don’t consider them ‘close contacts’. That will reassure the vetting team that you’ve been comprehensive, even if it’s all quite artificial”.
That apparent coaching on how to mislead the vetting team with extraneous information is clearly concerning. Can the Minister tell us when the Government became aware of such exchanges, and what action has been taken to ensure that similar such coaching or advice is not proffered in future?
Thirdly, there is the curious email from Ailsa Terry to Peter Mandelson and Morgan McSweeney on 13 February last year—volume 1, page 386. It says:
“Olly has been clear about the need to delete all traffic on this”.
Why would a senior civil servant be telling those two people to delete all the records of something?
Finally, I turn to a matter of detail—it would be a useful one to clear up—regarding volume 3, page 128. It appears to show the noble Lord, Lord Livermore, arranging a meeting with a paid lobbyist, yet the Treasury’s list of declared such meetings does not have any matching entry. Did that meeting take place? If so, who attended it, and what is the reason for that meeting not appearing in the register?
I appreciate that, obviously, the Minister may not be able to give detailed answers to all those points now, but I hope she will be able to commit at least to writing to me, because clarity and transparency are crucial as part of not just the Government’s but the whole political system’s reaction to the scandal we have been facing.
My Lords, first, I thank the noble Baroness, Lady Finn, and the noble Lord, Lord Pack, for their contributions. As ever, I will endeavour to answer all their questions, but I will reflect on Hansard and write on any issues I have missed.
Before I do so, it is important for all of us to reflect on the impact this debate will yet again have on the victims of Jeffrey Epstein. Noble Lords across your Lordships’ House will be aware of the truly horrific crimes he committed against countless women and girls. As we discuss these issues again today, it is the victims of a horrendous sexual predator whom we must remember.
Moving on to the substance and process of the Government’s compliance with the ISC, for clarity and accountability, as noble Lords will have seen, the publication includes a summary of the methodology explaining how government officials undertook the disclosure process. To clarify, because doing so will be helpful for Members of your Lordships’ House, on redactions, in line with the Motion, more than 300 individual documents were referred under a process agreed between the Government and the Intelligence and Security Committee. The Government are grateful to the committee for its engagement in this process, and I am of course especially grateful to my noble friend Lord Beamish for his stewardship of the ISC and his management of this significant additional workload.
Further limited redactions have been made outside the ISC process in respect of information that relates to junior officials’ names, contact details, the personal or commercially sensitive data of third parties not relevant to the Motion and, where relevant, legal professional privilege. The Cabinet Office humble Address team, which has taken the decisions on non-ISC redactions, has taken advice from an independent KC—including reviewing the methodological approach—and officials, acting on that to inform its work. These additional targeted redactions made outside the ISC process have been made in line with precedent, built on the conventions of the Freedom of Information Act, the Ministerial Code and resolutions on ministerial accountability passed by both Houses in 1997, as my right honourable friend the Chief Secretary to the Prime Minister stated yesterday.
On the ISC’s recommendation—we thank it for such a constructive suggestion—the chair of the Public Administration and Constitutional Affairs Committee, Mr Simon Hoare MP, has reviewed our approach to third-party redactions and confirmed that we have applied the methodology set out in the document and that the redactions are sensible, reasonable and proportionate. As noble Lords will be aware, the Metropolitan Police Service has asked us to withhold some material in scope of the Motion which it considers could be prejudicial to its ongoing criminal investigation or any subsequent prosecution.
To ensure parliamentary oversight, the Government also shared this information with the chair of the Public Administration and Constitutional Affairs Committee to provide additional accountability of the Government’s actions. The Government are very grateful to Mr Hoare for his participation in that exercise. Our goal is to ensure that we neither prejudice nor undermine any police investigations, as all Members of your Lordships’ House would expect. Such information will be published at the conclusion of the investigation, or at a point when it would no longer be prejudicial to the police investigation to do so. Therefore, I am limited in what I can and will say.
I will also touch briefly on the material relating to Peter Mandelson’s national security vetting process. The UK security vetting process summary and recommendation that was put to the Foreign Office has been shared with the ISC to agree reactions so that it can be published when we are able to do so. What has not been shared is the highly sensitive personal data that formed the basis of the vetting process. If those participating in the vetting process cannot trust that the information they feed into the process is confidential, it will harm the integrity of the whole system, undermining the very basis of our national security vetting system and, in turn, our national security. We cannot and will not do that. I note that the chair of the ISC, my noble friend Lord Beamish, confirmed last night that he agrees with the Government that the larger vetting detail should not be released to the committee even though it is covered by the humble Address. I am grateful to my noble friend for saying so.
Moving to the specific points that have been raised, the noble Baroness, Lady Finn, touched on compliance with the Ministerial Code. Noble Lords will understand that I am not the judge of the Ministerial Code—that is the role of the Prime Minister, taking advice from his independent adviser as needed. As set out in the code, Ministers are personally responsible for deciding how to act and conduct themselves in light of the code, and for justifying their actions to Parliament and the public. The noble Baroness also touched on the future duty of candour law and raised the scandals that have led to us requiring a law. We have discussed in your Lordships’ House many times—be it the horrors of the infected blood scandal, of Horizon, of Windrush, of Hillsborough, or of the Manchester Arena—that there is a reason why we need to change the law. If we cannot convince people to be candid, then in order to change the culture we will need to change the law. I reassure the noble Baroness that, as I understand it, Peter Mandelson did not participate in the Shanghai speaking engagement she referenced.
On the direct ministerial guidance and change in vetting, the noble Lord, Lord Pack, raised a very important point, as he did last time, about how this is communicated. I will have to go back to officials to see if it can be included in the terms of reference, because the process is well under way. The noble Lord is aware that my colleague, the Chief Secretary to the Prime Minister, was called up on the fact that it has been slightly delayed, although it is slightly ambitious timing, so it depends on your view. However, I will see what I can do about verbal briefings and write to the noble Lord.
On the issue of the NCCCs review, I expect very shortly—imminently—to be back in front of your Lordships’ House with both the terms of reference and who is undertaking that review. We are not not doing it; we absolutely are, as my honourable friend in the other place said. But I will have to come back to him.
With regard to the fit and proper person test, the noble Lord would have read with interest, as I did, about what we are allowed to know as Members of your Lordships’ House and what we are not allowed to know. Noble Lords will be aware that there are a small number of exemptions from standard vetting requirements in place. Sir Adrian Fulford is considering the relevant policies as part of his review into national security vetting. His high-level recommendations will be published shortly, and we will act swiftly on his recommendations.
There is a general exemption from national security vetting for parliamentarians. This has been a general rule for many years, and many Members of your Lordships’ House would have experienced briefings because of it. That includes in this instance and in others those briefings that can also be made on Privy Council terms, hence the discussion. I would suggest that noble Lords actually look at the time stamps for how that discussion was done, because that was a one-day discussion—several messages but a one-day discussion—and then a decision was made.
The noble Lord, Lord Pack, also asked me about my noble friend Lord Livermore and the transparency declaration. I understand this was a personal meeting that took place away from government property. The only participants were my noble friend Lord Livermore and Peter Mandelson; no one else from Global Counsel joined in the end. As this was a meeting in a personal capacity, it was not recorded as an official meeting.
The documents before your Lordships amount to one of the largest government publications ever laid before the House. Officials work tirelessly to ensure our compliance with the wishes of the other place and over £1 million has been spent. The scale is not dissimilar to the requirements of a public inquiry, and I want to thank my officials for their extraordinary effort since the beginning of February. However, the last word should not be about process or political intrigue, but to remember who has been failed. Our thoughts must remain with the victims of Epstein today and every day.