Standards in Public Life

Lord Stunell Excerpts

Thursday 9th September 2021 Lords Chamber

[Lord Stunell (LD)]

My Lords, I think I should steer clear of the topics raised by the noble Lord who spoke most recently, but I thank the noble Baroness, Lady Donaghy, for her kind words about my late colleague Diana Maddock. She is much missed on our side. She was a predecessor on the Committee on Standards in Public Life on which I now serve.

One of the key tasks of that committee is to monitor how the seven principles are being applied and to assess the relevance and resilience of those principles in an age when society is changing and evolving, when legislation imposes new challenges and demands on those who deliver public services, and when public expectations are a moveable feast and reshaped. There are new risks and new opportunities, so the committee has a full agenda.

The principles operate in a dynamic society. Even seemingly rock-solid principles, such as the principle of objectivity, which require office holders to act “without discrimination or bias”, change from generation to generation. I will give an example: when my mother got married, she was required to resign from her job in the Civil Service. There was not much objectivity there. In my generation, the fight for equal pay for equal work across public services finished only when it was resolved in the High Court. There was not much objectivity there. Now, my children have expectations about protection from sexual harassment and bullying in their workplace that would have been unimaginable 20 years ago. Noble Lords may well think it has been a change in the application of the principle of objectivity in the right direction.

However, some changes have had more mixed results. The advent of social media has indeed dramatically improved openness, but it has also—as the noble Baroness, Lady Stowell, pointed out—enhanced bullying and created a polarised climate in which calm and balanced decision-making may put at risk. That polarisation has made custodianship of those principles—

[Baroness Stowell of Beeston (Con)]

I thank the noble Lord for giving way. I am grateful to him for referring to my contribution earlier, but I am just a little concerned: I was not suggesting anything in the way that he is interpreting—I did not refer to anything in the way that he is suggesting I meant. I would just like to correct him on that.

[Lord Stunell (LD)]

My Lords, I deeply apologise if I misunderstood or misinterpreted what the noble Baroness said. I certainly would not wish to sustain that. What I will say is that there has been a polarisation in political dialogue, which has led to the custodianship of those principles being an increasingly challenging task.

An example I will give is that, when the Chancellor of the Exchequer Hugh Dalton gave a hint of a tax change to a journalist a few moments before giving his 1947 Budget speech, he felt compelled to resign over his leak. Last Friday, the Prime Minister set out a new tax policy in a daily newspaper, with a three-day lapse before a Statement was made in the House. Any idea that this breach should lead to his resignation is now regarded as absurd in the popular discourse. That means that, clearly, the application of the principles of integrity and selflessness have migrated in that period. Yet the principle of leadership still requires a leader to

“be willing to challenge poor behaviour wherever it occurs.”

The CSPL does not deal with individual cases. It does not make findings of fact nor does it pass sentence. Where appropriate, that is the task of the various regulatory and monitoring bodies. Nevertheless, when a pattern of practice emerges in public life that, at the very least, challenges the conventionally understood meaning of the principles, the committee does report on it and makes recommendations. Those recommendations go via the Cabinet Office direct to the Prime Minister. That is of course both a great strength and a serious weakness. However, those who argue that it should report instead to Parliament, or maybe have a free-standing statutory constitutional position, are surely mistaking the presenting symptom for the underlying disease, which is that the UK has a uniquely powerful prime ministerial constitutional model.

All roads lead to the door of No. 10. Everything depends on the occupant leading from the top, whether it is on Covid, Brexit, or standards in public life. Seen that way, the more directly that the Committee on Standards in Public Life sends its good advice and strong recommendations to the top, the better. There is certainly a strong case for urgent reform of our current model of prime ministerial power, but that is a matter for a further debate.