Commissioner for Public Appointments

Matt Hancock Excerpts
Friday 11th March 2016

(8 years, 6 months ago)

Written Statements
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Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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I announced on 2 July 2015 that the Government had asked Sir Gerry Grimstone to lead a review of the public appointments system. I am now pleased to announce the completion of the review.

The role of Commissioner for Public Appointments was established in 1995 following a recommendation made by Lord Nolan and his Committee on Standards in Public Life. Lord Nolan also recommended seven principles of public life, which have been adopted throughout public life, including in public appointments.

The Government agree with the emphasis Sir Gerry places on the original conclusions reached by Lord Nolan in 1995 that Ministers should be at the heart of the public appointments system and that ultimate choice, responsibility and accountability for making appointments should rest with Ministers. Lord Nolan’s principles have stood the test of time and are as applicable today as they were 20 years ago. This is reflected in Sir Gerry’s updated principles for public appointments which will be known as the public appointments principles.

The Government welcome the review and thank Sir Gerry for his work. The Government also published today their response. This response, along with the full report “Better Public Appointments” can be found on gov.uk and copies have been placed in the Library of both Houses.

Attachments can be viewed online at http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2016-03-11/HCWS609/.

[HCWS609]

Oral Answers to Questions

Matt Hancock Excerpts
Wednesday 9th March 2016

(8 years, 6 months ago)

Commons Chamber
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Ben Howlett Portrait Ben Howlett (Bath) (Con)
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3. What progress the Government has made on its plans for digital government.

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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Good morning, Mr Speaker. Our plan is to make people’s lives easier by reforming digital technology across government. We have now published over 24,000 open datasets, and are transforming more and more public services.

Ben Howlett Portrait Ben Howlett
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I thank the Minister for that response. Effective and secure data sharing is critical for 21st century government. Charities and research bodies have struggled for decades to access and evaluate data effectively, which has often slowed down world leading research. Does the Minister agree that the consultation on better use of data in government could lead to long-term complications around information governance in government being resolved?

Matt Hancock Portrait Matthew Hancock
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I do. The better use of data consultation is about maximising opportunities for proportionate, secure and well-governed data sharing, including allowing world-leading research and statistics greater access to datasets as part of a wider programme to modernise and simplify the UK’s data landscape.

Nick Smith Portrait Nick Smith (Blaenau Gwent) (Lab)
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While our population is rising, voter registration is going down. As part of the digital government programme, what further databases will the Minister use in support to boost voter registrations?

Matt Hancock Portrait Matthew Hancock
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The hon. Gentleman makes an important point. We are using links to local government databases actively to work, through digital and other means, to ensure that everybody who has the right to vote gets the opportunity to do so.

Matt Warman Portrait Matt Warman (Boston and Skegness) (Con)
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Whether it be patient data or voter registration, it is vital that the Government have a coherent overarching digital strategy. Will the Minister update us on the digital strategy?

Matt Hancock Portrait Matthew Hancock
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My hon. Friend has enormous experience in this area, and I look forward to publishing the update of the digital strategy very soon. In the meantime, we are getting on with implementing it.

Hywel Williams Portrait Hywel Williams (Arfon) (PC)
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Under the requirements of .gov, the language choice button on each government page has to appear at the bottom right—and in very small letters. That means that many Welsh speakers do not realise that the language choice is open to them, as it is in so many Government documents now. Will the Minister look at moving the language button to the top of the page and making it rather more prominent?

Matt Hancock Portrait Matthew Hancock
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I am an enormous supporter of the Welsh language, and we are working hard to make sure that Government documents are always, where needed, translated into Welsh. I shall certainly look at the location of the button on the page, but we do a lot of user-friendly research to work out where the buttons ought to be.

Drew Hendry Portrait Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
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4. What assessment he has made of the applicability of the provisions of the Trade Union Bill to officials of the devolved Administrations.

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Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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We announced our response to the independent commission on the freedom of information last week. The commission did not make a formal recommendation about extending the coverage of the Act, but we will take action to extend pay transparency across the public sector.

Margaret Ferrier Portrait Margaret Ferrier
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I am pleased to note that the Government appear to have retreated from their plan to introduce fees for freedom of information requests. Does the Minister agree with me and many of my constituents that it is in the public interest for the Freedom of Information Act to be extended to cover private companies when they are contracted to provide public services?

Matt Hancock Portrait Matthew Hancock
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As I have said before at the Dispatch Box, I am a strong supporter of freedom of information, and I want to record my thanks to the commission, which did hard work and made sensible suggestions for improvements. The issue that the hon. Lady has raised is a complex one. For instance, we do not want to deter small businesses from supplying into government. We will consider what was written by the commission, even though no formal recommendation was made.

Mike Wood Portrait Mike Wood (Dudley South) (Con)
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Will my right hon. Friend join me in welcoming the commission’s conclusion that it would be inappropriate to introduce further charges for requests under the Act? Can he reassure my constituents that the Government have no plans to do so?

Matt Hancock Portrait Matthew Hancock
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I can absolutely give my hon. Friend that assurance. As we said last week, we will not introduce fees because we think that it is important for people to use freedom of information to find out what is going on inside public bodies, including local authorities and more broadly, to ensure, rightly, that taxpayers’ money is spent better because the people who are spending it are held to account.

Jo Stevens Portrait Jo Stevens (Cardiff Central) (Lab)
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12. The Minister has just talked about extending the Act to cover private providers doing public service contracts, and he mentioned small businesses. Clearsprings runs a Home Office contract in my constituency relating to asylum seekers’ accommodation, but it is failing the taxpayer and the thousands of vulnerable asylum seekers living in its accommodation, safe from the scrutiny of the Act. Will he confirm that the Act will be extended to cover large companies such as Clearsprings?

Matt Hancock Portrait Matthew Hancock
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I cannot give the hon. Lady that assurance, not least because, having considered this question and listened to representations from both sides of the argument, the commission did not make a formal recommendation on this matter. I can tell her, however, that FOI can be used to scrutinise those who set up the contracts that businesses, large and small, supply into.

Anne-Marie Trevelyan Portrait Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)
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T1. If he will make a statement on his departmental responsibilities.

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Anna Turley Portrait Anna Turley (Redcar) (Lab/Co-op)
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When the Government introduced new gagging clauses on charities in receipt of Government grants last month, they credited a report published by the think-tank the Institute of Economic Affairs, in which the policy was a key recommendation. Just four months prior to that, the Minister for the Cabinet Office received a £4,000 donation from the chairman of the IEA, Neil Record. That is surely just a coincidence, but in order to avoid any misunderstanding will the Minister, who has said that he is committed to freedom of information, publish all communications between the IEA and his Department as well as all the submissions and advice that he received from the civil service?

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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I did not have any discussions with the IEA on this. It is about ensuring that taxpayers’ money is spent on good causes and the right things, not on lobbying Government. It is right that taxpayers’ money should be spent on the things for which it was intended, not on ensuring that lobbyists can take politicians out for lunch.

Karl McCartney Portrait Karl MᶜCartney (Lincoln) (Con)
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T5. Does my right hon. Friend agree that recording laws on vellum is a millennium-long tradition and an important part of our unwritten constitution? The House should look to preserve it.

Matt Hancock Portrait Matthew Hancock
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I certainly do. Keeping a record of our laws on vellum is a long-held tradition, and we should safeguard our great traditions. I am looking forward to the debate on this tomorrow. In 1,000 years, I want people to be able to look at the laws that we pass in this House, so I hope to see a strong turnout in support.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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T2. The Government are finally reviewing Atos contracts after several National Audit Office and Select Committee reports going back four years have highlighted poor performance and a lack of value for money for taxpayers. In addition, there have been devastating impacts on disabled people. Why have the Government taken so long to do that? Will the Minister also confirm that the anticipated savings have not been made?

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Philip Davies Portrait Philip Davies (Shipley) (Con)
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T8. A constituent of mine who works for Her Majesty’s Revenue and Customs in Shipley has contacted me after being told by his managers that he is unable to help the campaign to leave the EU in the forthcoming referendum and even to deliver leaflets in his own time. Given that Government Ministers are free to campaign in a personal capacity to leave the EU, why are the Government not extending the same courtesy to civil servants?

Matt Hancock Portrait Matthew Hancock
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My hon. Friend’s constituent should follow the rules set out in section 4.4 of the civil service management code, which shows in what circumstances civil servants can engage in political activity. The Government of course have a clear position on the referendum: we want to stay in a reformed European Union. I am sure that my hon. Friend will be the first to say that it is only because of our Prime Minister’s munificence, tolerance and generosity of spirit that Ministers are allowed to disagree in public with the Government position at all.

Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
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T3. The anti-advocacy clause has been widely condemned by civil society and is now subject to an e-petition in this House about its impact on academic grants. Will the Minister explain why it was brought in with no scrutiny in the House, and will he urgently review it in the light of the public outcry?

Matt Hancock Portrait Matthew Hancock
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The hon. Gentleman fails to recognise that taxpayers’ money should not be used to lobby Government. Those who argue against the clause are arguing that the taxes paid by hard-working people should be on spent on lobbyists. I disagree. The clause has been in operation for over a year in the Department for Communities and Local Government, where it was found to be working well, which is why have expanded it across the whole of Government.

Lord Bellingham Portrait Sir Henry Bellingham (North West Norfolk) (Con)
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T10. Given that there is now a presumption in favour of building first on brownfield sites, will Ministers work with local authorities in Norfolk to help identify suitable sites?

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Marion Fellows Portrait Marion Fellows (Motherwell and Wishaw) (SNP)
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T4. Thank you, Mr Speaker. Almost two thirds of people in Scotland want to see charities speaking up for those affected by Government policies, which is why the Scottish Government and the Scottish National party are against the new anti-advocacy clause. Will the Minister commit to assessing the impact it will have on Scottish charities?

Matt Hancock Portrait Matthew Hancock
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Once again, we have a request from the SNP for hard-working people to pay their taxes and for those taxes then to be used to lobby the very Government that are giving out the grants. That is wrong in principle. We have been using this clause in practice for more than a year and because it was working well we have extended it across government.

The Prime Minister was asked—

Open and Transparent Government

Matt Hancock Excerpts
Tuesday 1st March 2016

(8 years, 7 months ago)

Written Statements
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Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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This Government are committed to making Government more transparent, so taxpayers can hold the state to account both on how their money is being spent and how decisions are made which affect their lives.

The Freedom of Information Act is one of the pillars on which open Government operates. We are committed to supporting the Act. Yet after more than a decade in operation, it is appropriate to review, in the whole, how it has operated in practice, and establish how its mechanisms could be improved.

Consequently, in July 2015, we established an independent, cross-party Commission on Freedom of Information. The Commission has now submitted its report. Given the keen public and media interest in the report, we are promptly publishing it alongside our preliminary views on its recommendations.

We are very grateful to the Commission for its thorough and thoughtful work in this significant and complex area. The Commission’s review has attracted considerable interest and should be commended for an even-handed approach to gathering evidence from across a very broad spectrum. This approach is reflected in the balanced set of measures put forward in the report.

The Commission makes 21 specific recommendations. It notes that while some of its recommendations require legislation, other improvements can be made without legislative change. The Government’s views on some of the most salient recommendations are as follows:

Charging for freedom of information requests:

The Government agree with the Commission’s view that it is not appropriate to introduce fees for requests, over and above the existing narrow circumstances in which a requestor can be currently charged for disbursement costs. We appreciate that some public authorities are concerned by the burdens imposed on them by the Act and the associated costs. However, the introduction of new fees would lead to a reduction in the ability of requesters, especially the media, to make use of the Act. We believe that transparency can help save taxpayers’ money, by driving out waste and inefficiency.

The Cabinet veto:

The Commission recommends the introduction of a narrower and more limited veto provision. The Government agree with the Commission’s analysis that Parliament intended the executive to be able to have the final say as to whether information should be released under the Act. In line with the Commission’s thinking, the Government will in future only deploy the veto after an Information Commissioner decision. On the basis that this approach proves effective, we will not bring forward legislation at this stage.

Updating practice guidance:

The Government agree with the Commission’s recommendations to review the operation of Section 45 of the Act to ensure that the range of issues on which guidance can be offered to public authorities under the code of practice is sufficient and up to date. Public authorities should have sufficient guidance and advice properly to manage information access requests and to continue the Government’s mandate of being the most transparent Government in the world. This does not require legislation.

Publication of freedom of information statistics:

The Cabinet Office already publishes detailed statistics on a quarterly and annual basis on the operation of the Act within central Government. It is important that other public authorities should be similarly transparent. We know that many other organisations already publish such data, but this does not happen consistently. The publication of such data not only provides accountability to the public, but allows the Information Commissioner to identify and target poorly performing public authorities more effectively. We will therefore issue guidance in the revised section 45 code of practice to set a standard that public authorities with 100 full-time equivalent employees or more should publish such information.

Public interest and risk assessments:

Noting that the Commission did not provide a formal recommendation regarding risk assessments, the Government agree with the Commission’s analysis that considering the public interest remains the best way to assess whether specific risk assessments should be released. This will allow the important balance between providing robust protection for sensitive information and transparency to be maintained.

Handling vexatious requests:

The Commission’s recognises the difficulty that genuinely “vexatious” requests can place on public authorities. We agree with the recommendation of improved guidance, via a revised code of practice, to allow public authorities to use section 14(1) in the rare cases where it is necessary and appropriate. The exercise by citizens of legal rights also brings with it responsibilities—and access to information rights should not be abused to cause distress or a means of harassment. Equally, the “vexatious” designation is not an excuse to save public officials’ embarrassment from poor decisions or inappropriate spending of taxpayers’ money. This will not require legislation.

Greater transparency on pay and perks of senior staff:

The Commission recognises the advances that have been made to increase transparency about senior executives’ pay and benefits. Further steps will be taken to ensure this transparency is delivered across the whole public sector. The default position should be that such information from all public bodies is published; that the public should not have to resort to making freedom of information requests to obtain it, and data protection rules should not be used as an excuse to hide the taxpayer-funded payments to such senior public sector executives. We will now consider what additional steps should be taken to address any gaps in published information, and in particular in relation to expenses and benefits in kind as recommended, including more broadly than at present.

The Government will carefully consider the Commission’s other recommendations.

The Government have already demonstrated our commitment to openness through the publication of around 23,000 datasets on https://www.data.gov.uk. We are proud of the recognition we have received as the world’s leading country on open data through the World Wide Web Foundation’s open data barometer. Our next Open Government Partnership national action plan, to be published later this year, will set stretching new commitments to take UK transparency further.

A copy of the Commission’s report is being placed in the Libraries of both Houses, and will be published online on www.gov.uk.

[HCWS566]

EU Referendum: Civil Service Guidance

Matt Hancock Excerpts
Monday 29th February 2016

(8 years, 7 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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(Urgent Question): To ask the Prime Minister if he will make a statement about the instructions issued by the Cabinet Secretary to permanent secretaries in respect of EU referendum guidance for the civil service and special advisers.

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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The referendum on 23 June on the European Union represents the biggest constitutional decision for the nation in a generation. The Government’s position is clear: Britain will be stronger, safer and better off remaining in a reformed European Union. Today’s Government document setting out the process of leaving underlines that case, showing that a vote to leave could lead to up to a decade or more of damaging uncertainty, with real consequences putting jobs and investment at risk. I concur with that assessment.

Because of the significance of the referendum, as the House knows the Prime Minister took the decision to allow collective responsibility to be suspended on the referendum question. This approach was discussed and agreed by the Cabinet on 20 February. The process is clear: Ministers may depart from the Government position in a personal capacity on the specific question of the referendum. On all other matters, including on other EU business, the Government will operate as normal, and in all things the civil servants support the Government position.

Guidance on how this will work in practice was set out and published by the Cabinet Secretary last week. The guidance is clear. Other than on the specific question of the referendum, all Ministers can commission and see all documents, as normal. On the question of the referendum—and on this question alone—Ministers who disagree with the Government position naturally cannot commission policy work on the in/out question or see documents setting out details of the case to remain. All Ministers can ask for factual briefing, and for facts to be checked in any matter. All Ministers can see documents on EU issues not related to the referendum question, as normal.

The guidance is clear and has been published. The process was agreed at Cabinet as the best way to manage the unusual situation of Ministers who disagree with the Government remaining in post. I hope that this clarity will allow Members on both sides of the House to focus on the main debate about whether Britain will be better served by leaving or remaining in a reformed European Union and then let the people decide.

Bernard Jenkin Portrait Mr Jenkin
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Clarity on this issue is one thing that we do not have. Nobody objects to the Government making their case in the referendum, but most people expect the civil service to be impartial in carrying out its support for Ministers. It is established in law that Ministers are accountable for their Departments. Voters expect Government facts and figures to be impartial and accurate, whether they are used by Ministers who support remain or leave.

Why does the Cabinet Secretary’s letter go far beyond the limits that were placed on dissenting Ministers in the 1975 referendum? Sir Peter Thornton, the permanent secretary of the then Secretary of State for Trade, Peter Shore, was quoted as saying:

“It was jolly difficult putting forward anti-Common Market briefs to Mr. Shore, but I hope we did what he asked”.

What a different atmosphere from today!

Worse than that, a Q and A briefing that has been circulated following the letter states that Ministers may not see any papers that

“have a bearing on the referendum question or are intended to be used in support of their position on the referendum”.

That has been described by one Minister, the Minister for Employment, my right hon. Friend the Member for Witham (Priti Patel), as “unconstitutional”. How can such a wide ban be justified?

How does my right hon. Friend the Minister for the Cabinet Office reconcile this with his comment on Radio 4 this morning that

“the Government is functioning on all questions, other than specifically the in/out question, in an entirely normal way”?

He also said:

“There are no rules other than those set out last Monday in the letter from Jeremy Heywood.”

What about the Q and A briefing?

Does the Minister deny that permanent secretaries have been instructed to conceal information requested by Downing Street or the Cabinet Office from a dissenting Minister? The Cabinet Secretary’s letter states that “Departments may check facts”, but civil servants have also been told that they cannot

“provide arguments or new facts”.

How is that consistent with the duty of honesty in the civil service code, which requires a civil servant to

“set out the facts and relevant issues truthfully”?

Does the Minister agree that where any guidance or instruction conflicts with the code, the code must prevail?

How does this situation best serve the democratic process if Ministers on opposing sides of the debate finish up disagreeing about information from the same Department which is meant to be impartial and accurate information provided by professional civil servants?

Matt Hancock Portrait Matthew Hancock
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Let me answer those points in turn. First, the Government are functioning perfectly well—in fact, I came to this House from a meeting with the Minister for Employment, my right hon. Friend the Member for Witham (Priti Patel), on childcare policy, and it was carried out in an entirely normal way. On Friday I visited a prison with the Justice Secretary, and those two points demonstrate that things are functioning as normal.

The civil service code, and the Constitutional Reform and Governance Act 2010, makes it clear that it is the duty of civil servants to support the position of the Government of the day, and it is only because the Prime Minister is allowing Ministers to remain in government while disagreeing with a single policy—the in/out position—that this situation arises at all. The letter from the Cabinet Secretary makes it clear that factual briefing is allowed.

Finally, the 1975 guidance made it clear that no briefing or draft speeches contrary to Government consideration were allowed to be drafted by civil servants. In fact, it went further because it said that if someone wanted to oppose the Government position, they had to inform No. 10 of any invitations to appear on the radio or TV. We have not put that provision in place. On all these things, the clarity in the guidance from the Cabinet Secretary that was published on Monday last week shows the rules, and those rules are consistent with the civil service code and, indeed, the law.

Lord Watson of Wyre Forest Portrait Mr Tom Watson (West Bromwich East) (Lab)
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I fear that the Minister is having a Jim Hacker moment. In 114 days, the country faces an important decision. The referendum will dictate how in future the UK handles exports and imports, the world of work, the new contours of the digital age, human rights, intelligence sharing, the fight against crime, and how we adapt to climate change, and here we are today discussing guidelines for civil servants and special advisers.

Sadly, I am not in the strongest of positions to lecture the poor Minister on handling splits in his party, but in the way that Opposition Front Benchers are almost duty bound to do, I would like to give him some advice. The Justice Secretary has a history of letting his special advisers off the leash. Does the Minister really think that a memorandum from a mandarin will change that?

When we have a Prime Minister who allows his spin doctors to brief that the Justice Secretary will be sacked after the referendum, or that his chum the Mayor of London has breached the old school code and that the Prime Minister is “hurt and upset”, I understand how the Minister would have been overcome with a wave of ennui at the prospect of answering an urgent question from the Chair of the Public Administration and Constitutional Affairs Committee about the conduct of special advisers. However, answer for their conduct he must, and I wish to ask him how many special advisers have informed No. 10 of their intention to work on the no campaign. In the event of ministerial visits where a Minister and their special adviser campaign for a no vote after the event, will the cost of travel be carried by the Minister? How will that be monitored and made public? The guidelines state that special advisers are not allowed to campaign for a no vote in office hours. For the avoidance of doubt, please define “office hours”.

When the inevitable happens and special advisers to those Ministers who are defying their leader completely ignore the memorandum from the Cabinet Secretary, on a scale of one to 10 how confident is the Minister that the Prime Minister will enforce the code? Does the Minister have the confidence to admit that these attempts to dilute the freedom of rebellious Ministers will only detract from the key issues that matter to voters in the referendum? It seems that the out campaign is attacking the referee, not the captain of the opposing side, yet the Prime Minister has a simple choice: either he gives his Ministers free rein to run their Departments, or he sacks them. It cannot be fudged for the next 114 days.

Matt Hancock Portrait Matthew Hancock
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Unfortunately, I have had to scrap most of my proposed reply to the hon. Gentleman, given his gracious acknowledgement that he is not best placed to throw rocks on this particular subject. I will, however, agree with him on this: questions on this matter are a distraction from the main event and the main substance, which is whether Britain is better off inside or outside a reformed European Union. I strongly believe that, thanks to the deal the Prime Minister achieved, we are better off and more secure inside a reformed European Union.

The hon. Gentleman asked some specific questions. First, on the efficacy of the guidance, the guidance is for civil servants to follow. Civil servants do follow guidance of that sort and I have every confidence that they will do so. On what constitutes office hours, I will merely say that office hours means the normal working day. I hope that clears that one up. On the broader question of whether this is necessary, and his point that Ministers need both to run their Departments and be able to differ on this one question, this is why the guidance is very specifically and solely about the in/out question, not other EU business or other business. After all, we have Departments to run.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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My right hon. Friend is hugely able and has shown his ability today to dance on the head of a pin, but will he take it from me that this is a huge blunder? Out there, the general public will think that this decision is petty and vindictive. Moreover, they will say to our Government, and to this party to which I am so proud to belong, that if we are so much stronger in Europe, what is it that we are being so careful to hide?

Matt Hancock Portrait Matthew Hancock
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I have a huge amount of respect for my hon. Friend. I will just say this: the reason this is required is the Prime Minister’s decision to allow Ministers to campaign to leave and to differ from the Government position. If that were not the case, the guidance would not be needed. As for the general public, I imagine that what most people will take away from this will be: when can we get on to the real discussion about whether we should be in or out of a reformed European Union?

Tommy Sheppard Portrait Tommy Sheppard (Edinburgh East) (SNP)
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Let me see if I have got this right. The Government’s position is that we should vote to remain in the European Union because, among other reasons, it will be good for jobs and employment. The Government’s problem is that the Secretary of State and the Minister responsible for jobs and employment take a contrary view. The Government are now in a dilemma. Not only do they not want their own Ministers not to support the Government’s position, but they do not want them to actively campaign against it and use their offices to do so. In response, the Government are now putting the obligation on unelected civil servants to censor what Ministers can or cannot see within their area of expertise. This situation is farcical, but it has an undercurrent of something sinister about it too. Any self-respecting Minister should not accept these constraints. There is already a bit of tension in the Minister’s party on this question. How long does he think it will be before it breaks out into all-out civil war?

Matt Hancock Portrait Matthew Hancock
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The hon. Gentleman makes a central error in his characterisation of the situation. No Minister is censored—far from it. Ministers are allowed to campaign against the Government position. It is for civil servants, therefore, to follow the Government position. After all, it is required by law that they follow and support the position of the Government of the day.

Liam Fox Portrait Dr Liam Fox (North Somerset) (Con)
- Hansard - - - Excerpts

There is a serious constitutional issue here, which goes to the heart of House of Commons accountability. We ask Ministers questions and expect answers that are fully informed. How can those who send us to the House of Commons have faith in the answers we get if those whom we question purposely have information withheld by their own civil servants?

Matt Hancock Portrait Matthew Hancock
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I have a huge amount of respect for my right hon. Friend. That is why I will answer his specific point. The question is exactly the reason for prescribing this guidance only in respect of the in/out issue rather than more broadly. That is what the guidance says. This broad approach was set up by the Prime Minister in January, and then discussed and agreed in Cabinet on 20 February as the best way to take forward the position whereby Ministers could disagree with the Government position.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

It is very decent of the Minister to dole out bowls full of respect, but my sense is that, on the whole, although that is enormously important to hon. and right hon. Members here assembled, they are generally more interested in his answers than in his respect.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I previously asked whether the Prime Minister was going to throw his weight behind the in campaign, and I am very pleased that he has done so, because for the sake of our peace, prosperity, opportunity and security, we need to be in. As for what we are discussing now, I would like some clarity from the Minister. Is it the case that there is a list of Ministers who are in, a list of Ministers who are out and a list of Ministers who are undecided, and what happens if a Minister switches from the in to the out campaign or the out to the in campaign?

Matt Hancock Portrait Matthew Hancock
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First of all, Mr Speaker, I have respect for the right hon. Gentleman, and I also have respect for you—but perhaps I will drop all that. When the Cabinet met after the Prime Minister agreed the deal with other members of the European Union, Ministers at that point were asked to state their position—whether they wanted to remain or leave—and I doubt whether any of those positions will change.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Veritably, my cup runneth over at the generosity and good grace of the Minister, to whom we are indebted.

William Cash Portrait Sir William Cash (Stone) (Con)
- Hansard - - - Excerpts

The Minister calls on the law. The question of voter trust in this referendum, as I said to both the Prime Minister and the Foreign Secretary on 3 and 25 February, is paramount. For the voters who will decide this question, knowledge is, as we know, power. Does the Minister deny that under sections 6 and 7 of the later and express provisions of the European Union Referendum Act 2015, a legal duty is imposed on the Government to provide referendum information and the voter is entitled to accurate and impartial information, as the Minister for Europe agreed in reply to me when the House debated that Bill, through and from the Government and all Ministers of the Crown equally, and that this therefore being a statutory obligation overrides any prime ministerial prerogative such as the Cabinet Secretary acted upon in the guidance of 23 February? Does the Minister therefore deny that civil servants as Crown servants are legally obliged to provide such information accurately and impartially to all Ministers within their Departments so that the voters are properly informed and empowered to answer the question in the referendum?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

On the legal details, the 2015 Act also requires the Government to express their view and the Constitutional Reform and Governance Act 2010 requires civil servants to support the position of the Government of the day. On that basis, it is right to follow the procedure that was agreed by the Cabinet. The position of the Government is set out; Ministers may disagree with it, but civil servants must support the Government’s position.

Dennis Skinner Portrait Mr Dennis Skinner (Bolsover) (Lab)
- Hansard - - - Excerpts

Here we are on the day after the Oscars. The family is opposite: threat and counter-threat. It reminds me of “The Godfather”. This could be “The Godfather Part IV”: will there be a horse’s head in the bed or will it be another animal?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

Well, they say that politics is show business for ugly people, so I will take that as an upgrade.

Crispin Blunt Portrait Crispin Blunt (Reigate) (Con)
- Hansard - - - Excerpts

I find it hard to believe that on 20 February the Cabinet was aware of the implications of what it was doing. The central purpose of the Political Parties, Elections and Referendums Act 2000 was to achieve fairness in elections and in referendums, but now the Government have parked themselves on one side of the argument, dwarfing any influence from either of the campaign groups. Their action also goes against the strategic objective of offering the people a referendum to resolve the question of Britain’s role in the world one way or another. That question will hold only if the process is seen to be fair, but all this runs against that strategic objective.

Matt Hancock Portrait Matthew Hancock
- Hansard - -

I disagree with my hon. Friend. The Government are required, under the European Union Referendum Act 2015, to take a position. They are also required—or commitments were given during the passage of that Act—to set out certain matters, including the process of leaving the European Union under article 50, which is in a document that we published this morning. During the passage of the referendum Act, there was a debate on how this could best be done, and we are acting on the conclusions that were reached.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
- Hansard - - - Excerpts

Is this not constitutional gibberish, and utterly unworkable? The protestations that we hear from Ministers now would be much more impressive had they joined our Select Committee in condemning the politicisation of the civil service during the Scottish referendum campaign. The difference is that, whereas all Ministers agreed in the case of the Scottish referendum, in this case we have a disagreement, and a Department in which the “inners” can see the papers and the “outers” cannot. Is it not a fact that the only way of making this workable is for Ministers to resign and leave office until after 23 June?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

It is precisely because we did not want that to happen that we proposed these arrangements. I think that the hon. Gentleman is wholly wrong, and misjudging the position, if he thinks that supporting the Government’s position is anything other than an impartial and proper course for civil servants to take. The alternative is to argue that civil servants should not support the Government’s position, and I think that that would be ridiculous.

Owen Paterson Portrait Mr Owen Paterson (North Shropshire) (Con)
- Hansard - - - Excerpts

On a daily basis, Ministers in the Department for Environment, Food and Rural Affairs have to make difficult choices between the interpretation of European law and regulation and the delivery of decisions that would benefit United Kingdom citizens. I have dealt with a number of cases in the past which I would like to discuss with the current Minister of State. I shall be meeting him this evening. Will I be able to ask him questions about past cases, so that he can, without fear or favour, have access to a full briefing, all the opinions and all the history of what happened before and after the decision concerned, although the end result might be thoroughly disobliging to the case for remaining in the European Union?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

My right hon. Friend has made an important point. On European Union issues that do not relate to the single question of in or out, there will be full access to all papers, as normal. That is what is said in the letter from the Cabinet Secretary, and that is how the Government are operating.

Kelvin Hopkins Portrait Kelvin Hopkins (Luton North) (Lab)
- Hansard - - - Excerpts

During the referendum on Scottish independence, which was mentioned by my hon. Friend the Member for Newport West (Paul Flynn), there was significant controversy over senior civil servants making public and clearly political, and politicised, statements. It is vital for the civil service to retain its private advisory role, and for civil servants not to make blatantly political public comments during the campaign before the EU referendum. Will the Minister confirm that that will be the case?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

That is the normal course of events. It is for Ministers to make the argument, and for civil servants to support the Government’s position.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Mr David Davis.

--- Later in debate ---
Matt Hancock Portrait Matthew Hancock
- Hansard - -

No, the constitutional basis is that, under the European Union Referendum Act 2015, the Government are required to take a position. The Government have taken a position, as I have set out, and it is for civil servants to support that position. It is therefore necessary to set out how civil servants should act with a Minister who does not support the Government position. The guidance is precisely limited to the in/out question, and the reason for publishing it is to ensure that everyone knows what the position is.

Margaret Ferrier Portrait Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
- Hansard - - - Excerpts

Sir Nicholas Macpherson, the Treasury’s most senior civil servant, was quoted as saying that he believed that impartiality guidelines did not apply in “extreme” cases such as the Scottish independence referendum. Would the Minister classify the EU referendum as an extreme case, and if so, can we expect normal rules of civil service neutrality to be completely disregarded?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

Civil servants support the position of the Government of the day, and this Government have a position. I do not know how many times I am going to have to repeat that. That is the case. Civil servants are impartial, but they support the Government of the day. That is the law and it is the situation in this case too.

Neil Carmichael Portrait Neil Carmichael (Stroud) (Con)
- Hansard - - - Excerpts

Does the Paymaster General agree that it would be supremely ironic if this referendum had an impact on the way in which our civil service operated in the future? It is absolutely right that the civil service should support the Government, and the Government have made the decision—the right decision, in my view—that we are safer, stronger and better in the European Union.

Matt Hancock Portrait Matthew Hancock
- Hansard - -

It is disappointing that the leave campaign seems to want to focus on process issues such as this rather than discussing whether we would be better off inside a reformed European Union, as I believe we would. My hon. Friend raises an important point. If any Members do not think that the rules should operate in the way we published last week, the only other position would be for the civil service to support a position that was not the Government’s position, which would go against everything that it was set up to do.

Lord Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
- Hansard - - - Excerpts

Is not the Prime Minister effectively saying to his own Ministers, “You can exercise your democratic rights as long as you agree with me at the end of the day”? Is this not the latest sordid attempt—there will be more—to rig the referendum to get the result that the Prime Minister wants?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

No; on the contrary, this is a consequence of allowing Ministers to express their views freely on whether they want to remain in or to leave, as many of them are doing.

Lord Herbert of South Downs Portrait Nick Herbert (Arundel and South Downs) (Con)
- Hansard - - - Excerpts

Does the Minister agree that the misunderstanding of the Government’s position has been evidenced by the last question, which suggested that the Prime Minister required Ministers to agree with him? That is not the case. The public will surely agree that fairness is ensured by the fact that Ministers are free to speak out. That is what the Prime Minister is allowing, and that is a generous position. There is no reason why those Ministers should be supported by the civil service or the taxpayer in expressing their view, to which they are entitled in conscience. If they feel that this is unfair, they have the option of not remaining in the Government.

Andy Slaughter Portrait Andy Slaughter (Hammersmith) (Lab)
- Hansard - - - Excerpts

The Lord Chancellor has an important constitutional job, but he cannot do it under these restrictions. At the weekend, we heard that the so-called British Bill of Rights was going to be postponed again, for at least six months. If the Lord Chancellor wants his lawyers or civil servants to put together well-crafted arguments on parliamentary sovereignty or the powers of the European Court of Justice, should not they be allowed to do that? Otherwise, we shall be getting second-class government, and God forbid that we should have that.

Matt Hancock Portrait Matthew Hancock
- Hansard - -

Of course the Lord Chancellor can continue to do the work that he is doing in reforming the courts system and in all sorts of areas. Indeed, I visited a prison with him on Friday, as I have mentioned. That shows that the Government are getting on with their work. On top of that, we are having a debate in the country and between Ministers on both sides on the specific question of an in/out referendum.

Richard Fuller Portrait Richard Fuller (Bedford) (Con)
- Hansard - - - Excerpts

When people in Bedford and Kempston have raised the issue of the European referendum with me over the past week, they have wanted to hear the facts. They hear lots of statistics, but they fear that they are being warped by one side or the other, so they want facts. How will this restriction on access to information enable those people to get the facts?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

It will not have any implications for facts, because factual briefing and fact-checking is allowed to be done by civil servants.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
- Hansard - - - Excerpts

The civil service, the state broadcaster and the central bank were all central players in project fear 1 in Scotland. Is it therefore naive not to expect the use of the same public assets on project fear 2 and the EU referendum?

Matt Hancock Portrait Matthew Hancock
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I do not understand the premise of the question, because we are putting forward the positive case for remaining in a reformed European Union.

Sarah Wollaston Portrait Dr Sarah Wollaston (Totnes) (Con)
- Hansard - - - Excerpts

Will the Minister set out what the harm would be in allowing full transparency of these data? Surely there would be much greater harm if at the end of the referendum we were left with people feeling that it had been an unfair process.

Matt Hancock Portrait Matthew Hancock
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The challenge of taking a position other than the one the Government have taken is that it would require civil servants to do work that was not in support of the Government’s position. The Government have a position, and it is part of the civil service code, and it is put into law in the Constitutional Reform and Governance Act 2010, that civil servants should support the position of the Government. It would put civil servants in a very difficult position if we were to do anything other than that.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
- Hansard - - - Excerpts

I will be campaigning for Britain to remain in the EU, but I see no issue with all Ministers having access to the very strong arguments for Britain to remain in the EU—this is a matter of democracy. Is the Minister really suggesting that we could have a situation where a Secretary of State is denied access to key Government papers but his or her junior Ministers have access to that information?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

What we are saying is that the Government have a position and the civil service will advise on that position. If Ministers have taken a personal decision to campaign personally, in a personal capacity, against the position of the Government, it is inappropriate to ask civil servants to support that other position, which is not the position of the Government.

Andrew Murrison Portrait Dr Andrew Murrison (South West Wiltshire) (Con)
- Hansard - - - Excerpts

I very much appreciate that the Minister has qualified and caveated some of the guidance that has recently been issued. Does he not agree, however, that there is a danger that without further clarification we could have the ludicrous situation where Freedom of Information Act requests, or requests made by Members of Parliament through parliamentary questions, could get information out of Ministers that those Ministers would have been denied by their own civil servants?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

I do not know whether that was directed at people on the shadow Front Bench, but the situation is as I have set out. The key point is this: if we were to take any other position, we would have civil servants being asked not to support the position of the Government. We are approaching this in the way these things have been approached in referendums in the past—in 1975 and in the Scottish referendum—which seems perfectly reasonable.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
- Hansard - - - Excerpts

Because this is such a divisive issue and because so many people feel so strongly about it, it has been decided that instead of Government taking the decision, the people should take the decision. What does it do for the sense of fairness among the people if the big battalions of the civil service seem to be lined up on one side of the argument and spin doctors in Downing Street do botched letters to the press from generals who have not even signed up to them saying that one side of the argument is right and the other side of it is wrong?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

The debate over how this would operate took place during the passage of the European Union Referendum Bill, which my right hon. Friend the Minister for Europe took through Parliament. During the passage of that Bill, there was quite a debate, for example, about how purdah should operate, and many concessions were made by the Government in order to ensure that the process is fair. The result of that was an Act that included the requirement for the Government to take a view and then to be able to set out information on various aspects of the referendum, and that is exactly what we are doing.

Gerald Howarth Portrait Sir Gerald Howarth (Aldershot) (Con)
- Hansard - - - Excerpts

I think I heard the Minister say that dissenting Ministers will not be allowed to see papers making the case for Britain to remain in the EU, which suggests that the Government have very little confidence in their own arguments. May I put it to my right hon. Friend that it is a constitutional outrage to deny access to arguments that “may”—as the briefing paper says—have a bearing on the referendum to some key Ministers in the Department for Work and Pensions and the Ministry of Justice who are intimately involved in the central issues of this referendum? The Government really need to think again about that, because otherwise the British people will think that the Government intend to rig the referendum.

Matt Hancock Portrait Matthew Hancock
- Hansard - -

I would argue the contrary. The constitutional difficulty would arise if civil servants were being asked to support a position that was not the position of the Government. The civil service is there to support the Government. I would argue that this is precisely in order to stick to the constitution, as set out by the Constitutional Reform and Governance Act 2010 but as carried out in practice for decades and decades before that. The job of the civil service is to support the Government, and that is what it should do.

Anne Main Portrait Mrs Anne Main (St Albans) (Con)
- Hansard - - - Excerpts

The British public could be forgiven for thinking that, if someone such as the Secretary of State for Work and Pensions is not permitted to see all the relevant documents, he may be unable to advise the Government. The Government may then come to a fixed opinion on a particular view such as benefits without having all the facts. A question and answer document from the Cabinet Office says:

“Can dissenting Ministers see Department papers on matters that aren’t directly about the Referendum, but may have a bearing.”

The answer is:

“They can see or commission any papers produced by their Departments in the normal way except those that have a bearing on the referendum question or are intended to be used in support of their position”.

It is not a simple black and white matter; it is a matter of interpretation. Special advisers are being handcuffed and told that they must keep things from the Secretary of State. That is appalling. Are the Government afraid that the facts might change the minds of the public and some Cabinet members?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

My hon. Friend’s question was focused on what the public think. I believe they will think, “Please can we get on to debating the substance of the question rather than the process of how to make sure that Ministers are allowed, unusually, to depart from the Government position while the constitutional position of the civil service remains in place.”

David Jones Portrait Mr David Jones (Clwyd West) (Con)
- Hansard - - - Excerpts

Is it true, as reported in The Times this morning, that without the consent or knowledge of the Secretary of State, officials of the DWP carried out research on the instructions of No. 10 to help support the case for remaining in the EU? If that is the case, will the Minister please explain how the Secretary of State can be expected to be responsible for the work of his own Department?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

These guidelines are restricted to the issues of the question of in/out. It is perfectly normal —it happens all the time—for there to be communications between Departments and No. 10. That is how the Government operate.

Tim Loughton Portrait Tim Loughton (East Worthing and Shoreham) (Con)
- Hansard - - - Excerpts

Perhaps the solution is for Ministers to submit freedom of information requests to their own Departments to get the answers. A key part of the Prime Minister’s reform package was very complex changes to benefits and indexing of benefits. If, at the next DWP Question Time, I ask the Secretary of State what progress he is making to determine whether those reforms are deliverable by 23 June, will he be able to give me an honest and full answer?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

Yes, of course he will. On issues that are not about the in/out referendum question, Ministers will be fully informed. That is the position. As to the question of whether this will change people’s minds, the Government have made their position clear, which is that, obviously, we are in favour of remain.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
- Hansard - - - Excerpts

Say for a moment that I am the fisheries Minister, young, ambitious, good looking and anxious to do the Prime Minister’s bidding, and the Prime Minister tells me that I have to set out my vision of what life outside the EU means for fishing—indeed that is a huge question for our fishing fleets—what do I do? The EU determines everything in my Department. I have no national policy on fishing, but I happen to be in favour of the out campaign. Do I go home for four months? Do I get no advice from Ministers? Is it not so much “Yes, Minister” as just “Go home for four months and we will see you in June”?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

My hon. Friend makes an incredibly important point, which is that the rules set out last week make it clear that on all issues, including EU issues other than the in/out question, government continues as normal. I am afraid that he cannot have four months off, even in the circumstances he describes. I am sure that he would not miss the next four months for the world.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
- Hansard - - - Excerpts

The Paymaster General is a Minister in the Cabinet Office, which is the Department responsible for the civil service, yet my right hon. Friend has form when it comes to civil service advice. In June 2015, he signed a special declaration overriding civil service advice that further money should not be given to Kids Company, which subsequently disappeared. Would it be open to Ministers of the Crown to use that same special declaration to override this present civil service edict?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

Making what is called a direction, such as that which I made on Kids Company because I thought that it was worth spending the money to look after those kids—it is right that Ministers should be able democratically to override the advice of civil servants when they choose to, so long as that is published—is about the expenditure of money. The EU debate is not specifically about the expenditure of money, although there are debates about growth, jobs and the economy, and so the question would not arise.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
- Hansard - - - Excerpts

Several of my constituents have contacted me and asked where they can get the facts to decide in their own minds how to vote. It is, after all, the people, not the Government, who will decide this matter, so is it not the duty of the civil service to provide facts to our people to enable them to decide how to vote? In these circumstances, is it not fair to ask the Cabinet Secretary, in his capacity as a neutral observer, to prepare a document for the people who will make this decision?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

It is absolutely necessary to ensure that information is available on questions about the referendum. For instance, that is why this morning we published a document on the process for leaving the European Union should that be the decision at the referendum. My hon. Friend is right that it is for the people to decide. The Cabinet Secretary is not neutral; he supports the Government position because he is a civil servant, and the whole civil service supports the Government position. If my hon. Friend is responding to his constituents and they really want information, I can always recommend a website called strongerin.co.uk, which has some great information.

Bob Stewart Portrait Bob Stewart
- Hansard - - - Excerpts

It has to be impartial.

Matt Hancock Portrait Matthew Hancock
- Hansard - -

There will be a campaign to leave, as well, and I hope that this debate continues so that by 23 June everybody feels fully informed.

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
- Hansard - - - Excerpts

Will the Minister tell the House how the guidance rules would have affected the advice given to the Prime Minister by Sir Lynton Crosby when he said that the renegotiations were not good enough, that they should be rejected at the European Council and that proper renegotiations should be carried out and the referendum delayed until 2017? Clearly, in that situation, the adviser was not supporting the Government line at all.

Matt Hancock Portrait Matthew Hancock
- Hansard - -

Sir Lynton Crosby is many things, but he is not a civil servant.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson (Peterborough) (Con)
- Hansard - - - Excerpts

Would a reasonable and fair-minded person not conclude that having been rebuffed in their attempts last September to alter on a sui generis basis the purdah rules relating to the referendum, the Government have come back and undermined the sovereignty of this House by using the civil service to achieve the very same objective?

Matt Hancock Portrait Matthew Hancock
- Hansard - -

No, on the contrary. This guidance is a precise consequence of the Prime Minister’s decision to allow Ministers to campaign to leave. If the Prime Minister had not decided to allow Ministers to remain in the Government but to campaign to leave the European Union against the recommendation of the Government, such rules would not be necessary and we would not have had to publish them. This is a direct consequence of the Prime Minister’s decision to allow that debate to take place and to allow Ministers to take one or other side of the debate.

Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con)
- Hansard - - - Excerpts

Talking of guidance, my association was this morning issued with guidance from our north of England field director stating:

“The Party is neutral, which means that as an organisation we are not getting involved in any way on an official basis. In practice this means that Associations must not use any resources available to them, including money, data, premises etc. to promote a particular view.”

Given that this is a Conservative Government from the Prime Minister all the way down to us lowly Back Benchers, who are all members of a party that has no official view on the matter, why should civil servants who work for Conservative Ministers take a view on it? That is leading people out there to conclude that there is stitch-up to try and keep us in the wasteful EU.

Matt Hancock Portrait Matthew Hancock
- Hansard - -

I do not think that is right. This House passed the European Union Referendum Act 2015, which required the Government to take a view and therefore the civil service follows the Government view. The Conservative party, as my hon. Friend says, is neutral on this matter, but the Government are not. That is a matter for how the party machine acts, rather than how the Government act, because as I have said many times, the civil service is duty bound by tradition and by law to follow the position of the Government of the day. That is why the guidance is constructed thus.

“Better use of Data in Government”

Matt Hancock Excerpts
Monday 29th February 2016

(8 years, 7 months ago)

Written Statements
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Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
- Hansard - -

Today I have announced the launch of the consultation paper “Better use of data,” which sets out proposals to improve the way in which Government makes use of data on behalf of citizens.

I have placed a copy in the Library of the House.

The paper recognises the enormous potential that better use of data can have in improving the lives of citizens, our economy and society. Proportionate and secure sharing of information between public authorities can improve the lives of citizens, support decisions on the economy which allow our businesses to flourish, and improve the efficiency and effectiveness of the public sector.

We have developed these proposals over two years including significant collaboration with civil society groups, who have participated, challenged and improved our thinking over that time. Now we are seeking to take the proposals forward for further consultation.

The consultation document, including details on how to respond, is available from https://www.gov.uk/government/consultations/better-use-of-data-in-government and the consultation period ends on 22 April 2016.

[HCWS558]

Points of Order

Matt Hancock Excerpts
Monday 29th February 2016

(8 years, 7 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

That is a matter for the Government. Legendarily, the Minister for the Cabinet Office is always keen to address the House—indeed, in the past he has likened himself to Disraeli, who had a notable enthusiasm for addressing the House. If he wishes to respond to the hon. Lady with that legendary succinctness for which he is renowned, we are happy to hear from him, but he is not under any obligation to do so.

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
- Hansard - -

Further to that point of order, Mr Speaker. I think I answered that point. The question is how we make sure that the guidance means that civil servants follow the Government position, including on the in/out question, which is the only question on which Ministers can move from the Government position. So it is a question of whether something is an in/out question or is normal EU business. I think I set that out earlier; I might have said the same.

Anne Main Portrait Mrs Main
- Hansard - - - Excerpts

indicated dissent.

Government Grant Agreements: Guidance

Matt Hancock Excerpts
Monday 8th February 2016

(8 years, 7 months ago)

Written Statements
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Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
- Hansard - -

Today I have announced a new policy to restrict inappropriate use of taxpayers’ money for lobbying purposes. From 1 May, or before where feasible, the following standard clause will now be applied to new and renewed grants.

“The following costs are not Eligible Expenditure:- Payments that support activity intended to influence or attempt to influence Parliament, Government or political parties, or attempting to influence the awarding or renewal of contracts and grants, or attempting to influence legislative or regulatory action”.

This clause will not prevent organisations from using their own privately-raised funds to campaign as they see fit. This will ensure that freedom of speech is protected, while stopping taxpayers’ money being diverted away from good causes.

Departments will engage with organisations most likely to be affected by the clause. Implementation guidelines are available at: www.gov.uk.

[HCWS517]

State of the Estate: 2014-15

Matt Hancock Excerpts
Wednesday 3rd February 2016

(8 years, 8 months ago)

Written Statements
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Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
- Hansard - -

I have today laid before Parliament, pursuant to section 86 of the Climate Change Act 2008, the “State of the Estate in 2014-15”. This report describes the efficiency and sustainability of the Government’s civil estate and records the progress that Government have made since the previous year and since 2010. The report is published on an annual basis.

In the past year, the Government have saved £842 million by selling empty buildings and exiting expensive rentals. Since 2010, we have raised £1.8 billion in capital receipts and reduced the size of the estate by nearly a quarter, exiting 2.4 million square metres of unneeded space—an area larger than the entire state of Monaco. All this has been achieved while cutting carbon emissions by 22%.

The amount of space used by an average staff member in our offices fell to 10.4 square metres in 2014-15, from 11.3 square metres in 2013-14, a reduction of 8% in one year. This is an enormous achievement, and makes the UK Government one of the most space-efficient major organisations in the world. But we can achieve even more. A new space target of 8 square metres per person was set on 1 January 2016, and we are confident of meeting this target by the end of March 2018.

We will also adopt the new international property measurement standard introduced in January 2016 by the Royal Institution of Chartered Surveyors, which will future-proof the way we measure Government buildings and ensure consistency across the UK and internationally.

Our drive for more modern, efficient and smarter workplaces for our workforce continues. The autumn statement confirmed and funded three key cross-departmental property programmes for this Parliament. The first is the Government hubs programme to reduce the Government estate from 800 buildings to fewer than 200 by 2023. Departments’ workforces within a locality will be accommodated in 18-22 multi-departmental hubs across the UK, allowing us to achieve economies of scale, enabling easier cross-departmental collaboration as well as having important benefits for recruitment and retention.

Within this programme is the Whitehall campus project. Government’s central London estate has already reduced from 181 separate properties in 2010 to 54 now, and we expect this number to fall to some 20 efficient, fit-for-purpose buildings by 2025, supported by smarter working. We will retain core buildings in Whitehall, relocating civil servants to well-connected hubs both in London and beyond, and accommodating those that remain in central London in the most cost-effective way possible, with many departments sharing buildings.

The report can be accessed online at:

http://www.gov.uk/government/uploads/system/uploads/attachment_data/file/497449/2014-15_State_of_ the_Estate_accessible.pdf

[HCWS507]

Oral Answers to Questions

Matt Hancock Excerpts
Wednesday 27th January 2016

(8 years, 8 months ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer (South East Cambridgeshire) (Con)
- Hansard - - - Excerpts

2. What steps the Government are taking to increase social mobility in the civil service.

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
- Hansard - -

Social mobility is mission critical to our plan to ensure that the civil service is fully representative of the nation that it serves and benefits from talent in every part of Britain.

Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

I welcome that answer. May I ask the Minister to give the House an update on research by the Bridge Group on social mobility in the fast stream?

Matt Hancock Portrait Matthew Hancock
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We asked the Bridge Group to look into social mobility in the fast stream and the people who are joining the civil service, and it will report very soon. I can tell my hon. Friend the number of new apprenticeships in the civil service: 884 since we introduced the scheme in 2013—another part of broadening access to the civil service.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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Many young people from working-class estates across the United Kingdom lack the capacity and training skills to join the civil service. What are the Government doing to ensure that they have the greater skills required to get on the ladder into the civil service?

Matt Hancock Portrait Matthew Hancock
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Great training is available for people once they are in, but I want to broaden the number of people from different backgrounds coming into the civil service right at the start, which means people from all over the United Kingdom: from all parts, from all groups, from all ethnic backgrounds, men and women, to make sure that we make the very best use of the talent that is available.

Lord Watson of Wyre Forest Portrait Mr Tom Watson (West Bromwich East) (Lab)
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I see that the Minister’s right hon. Friend the Chancellor has his own mission critical approach to social mobility. His closest adviser got a 42% pay rise while most public servants got a pay freeze; he has five times the usual number of special advisers while 80,000 jobs have been cut in the civil service; and this week it was revealed by The Sunday Times that the permanent secretary in his Department has used a loophole to avoid paying tax on his pension pot. Is it the Minister’s view that that is an appropriate leadership approach in the civil service, and is it not true that when it comes to tax, the Chancellor’s friends in Google get special treatment, and when it comes to social mobility in the civil service it helps to be a friend of the Chancellor?

Matt Hancock Portrait Matthew Hancock
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It is disappointing that we do not have a cross-party approach to improving access to the civil service—who comes into it—to make sure that we have the very best people working for the common aim of delivering the Government’s agenda to improve the lives of citizens whom we serve, because that is the job that we focus on.

Phillip Lee Portrait Dr Phillip Lee (Bracknell) (Con)
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4. What assessment he has made of the performance of the National Citizen Service.

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Stuart C McDonald Portrait Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
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9. What plans he has to bring forward legislative proposals to amend the Freedom of Information Act 2000.

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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The Government are committed to transparency and freedom of information. The independent commission on freedom of information was established to review the working of the Act and we will consider the report when it is received.

Peter Grant Portrait Peter Grant
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There are any number of instances that we can all point to where the publication of information that the authorities would rather have kept hidden has led to significant public benefits. The expenses affair in this place was one example. I do not know of a single case where the release of information through the Freedom of Information Act has caused any significant public damage. Does the Minister agree that any change to the Act should be designed to make it easier, rather than harder, for citizens to find out what the Government are doing?

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John Bercow Portrait Mr Speaker
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No, we have heard him now, but subsequently louder is better.

Matt Hancock Portrait Matthew Hancock
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I am happy to hear more from the hon. Gentleman because I am a great supporter of freedom of information and the Act, and of transparency. We have to make sure that its workings are accurate and we look forward to listening and seeing what the commission comes up with when it reports in due course.

Stuart C McDonald Portrait Stuart C. McDonald
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Is it not the case that introducing fees for FOI requests would reduce opportunities for exposing injustice and bad practice? Will the Minister take this opportunity to rule out introducing any such fees?

Matt Hancock Portrait Matthew Hancock
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The hon. Gentleman tempts me, but I shall wait until the commission reports. We will respond in due course.

Bernard Jenkin Portrait Mr Bernard Jenkin (Harwich and North Essex) (Con)
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May I inform my right hon. Friend that the Public Administration and Constitutional Affairs Committee will be scrutinising those proposals very carefully indeed? We want to make sure that the judges are interpreting the Freedom of Information Act as Parliament truly intended, but I can tell him that there is no going back on freedom of information.

Matt Hancock Portrait Matthew Hancock
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Indeed. The Freedom of Information Act has brought to light many things that it is in the public interest to have in the public domain. I have no doubt that my hon. Friend’s Committee will scrutinise the proposals very carefully, not least to ensure that the will of Parliament is the law of the land. I look forward to working with him on that.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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I did not have to use the Freedom of Information Act because I went on to the gov.uk website to find out that the excellent Mark Price, managing director of Waitrose, is now a non-executive director of the board of the Cabinet Office. May I say what a wise choice that is? What is my right hon. Friend doing to ensure that similar people are appointed to other Government Departments?

Matt Hancock Portrait Matthew Hancock
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Crikey! Where to start? Mark Price is, indeed, an incredibly impressive businessman and I look forward to working with him on the Cabinet Office board. That information was published on our award-winning gov.uk website, which has had billions of hits because there is so much good information to be found there.

David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
- Hansard - - - Excerpts

Is the Minister aware that despite all his fine words, there are many, including me, who believe that the purpose of the review is to undermine the Freedom of Information Act introduced by a Labour Government? So many of the abuses that have been revealed have become known to the public only as a result of the Act. The Government should be defending freedom of information, not trying to undermine it.

Matt Hancock Portrait Matthew Hancock
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I do not know whether the hon. Gentleman was listening, but I said that much information is in the public domain, and it is in the public interest that it is public, thanks to the Freedom of Information Act. That is my position. I look forward to hearing what the commission has to say about the operational working of the Act to ensure that it is working in the way Parliament intended.

Louise Haigh Portrait Louise Haigh (Sheffield, Heeley) (Lab)
- Hansard - - - Excerpts

It is confusing to hear the Minister claim to be such a fan of transparency, given that the Cabinet Office has set up a commission designed to weaken FOI—an ex-coalition Minister has described that as a “rigged jury”—botched the release of Cabinet papers, watered down consultation rules, and is now being investigated by the Information Commissioner for withholding thousands of items of spending data. If sunlight really is the best disinfectant, why has the Minister now abolished every single senior civil service post with responsibility for transparency?

Matt Hancock Portrait Matthew Hancock
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As a matter of fact, we are the most transparent Government ever. What is more, the hon. Lady will be delighted to know that only this morning the Cabinet Office published further spending information to ensure that we keep that mantle.

John Bercow Portrait Mr Speaker
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Richard Burgon. Not here.

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Carolyn Harris Portrait Carolyn Harris (Swansea East) (Lab)
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12. What recent progress he has made on implementing the Government’s transparency agenda.

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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This morning we published further spending transparency data, which the Cabinet Office is committed to do as part of our agenda to be the most transparent Government ever.

Carolyn Harris Portrait Carolyn Harris
- Hansard - - - Excerpts

I thank the Minister of transparency for that response, but does he not agree that it is very difficult for him to lead by example on the transparency agenda when his own Department is being investigated by the Information Commissioner for refusing to publish routine spending data?

Matt Hancock Portrait Matthew Hancock
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It sounds like the hon. Lady wrote her supplementary question before she got the previous answer, because we published that information this morning. What is more, we are publishing Cabinet minutes at twice the pace that we ever saw under the previous Labour Government.

Ronnie Cowan Portrait Ronnie Cowan (Inverclyde) (SNP)
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13. What recent discussions he has had with Sir John Chilcot on the final publication date of the Iraq inquiry.

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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The Government continue to publish a wide range of data sets. More than 22,000 are now available on the Government website.

Ronnie Cowan Portrait Ronnie Cowan
- Hansard - - - Excerpts

With no Chilcot report, no lessons learnt and seemingly none the wiser, will the Minister agree that the constant delays are unacceptable and are an insult both to those involved in the conflict and to those who lost loved ones?

Matt Hancock Portrait Matthew Hancock
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We have had this debate many times. The Chilcot inquiry is rightly independent, so it would not be right for me to comment on the timings, but a timetable has now been published, which I am sure the hon. Gentleman will welcome.

Chloe Smith Portrait Chloe Smith (Norwich North) (Con)
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T1. If he will make a statement on his departmental responsibilities.

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Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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T3. The Minister for transparency does talk some utter guff sometimes. How can he be the advocate-in-chief for transparency when his Department has the worst record in answering freedom of information requests?

Matt Hancock Portrait The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
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We answer freedom of information requests all the time. What is more, we are not only publishing more information but making sure that it is published in a usable way so that people can benefit from it right across this country.

Ranil Jayawardena Portrait Mr Ranil Jayawardena (North East Hampshire) (Con)
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T2. Does the Minister agree that taking a public appointment is an excellent way for people across the country to play their part in shaping our society, and that it is important that people from different backgrounds have the opportunity to do so?

Matt Hancock Portrait Matthew Hancock
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Right across the public sector, thousands of public appointments are made each year. It is vital that people from all backgrounds, from all ethnicities, and both men and women, from all parts of our country, put their names forward so that they can help in our great mission of improving the lives of the citizens of the UK.

Justin Madders Portrait Justin Madders (Ellesmere Port and Neston) (Lab)
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T4. In the past year, one in seven peers did not speak at all in the other place, despite many of them claiming allowances. If the Government are so keen to reduce the cost of politics, why are they not doing anything about this?

Karen Lumley Portrait Karen Lumley (Redditch) (Con)
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T6. Will my right hon. Friend join me in congratulating Robert Holdcroft, who owns the McDonald’s in Redditch, for hosting “snack and chat” events in his restaurant that allow sixth formers to question their Member of Parliament and increase their interest in politics? Perhaps he might like to join me at one of these events.

Matt Hancock Portrait Matthew Hancock
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I always love going to Redditch, and even more so if I can go with my hon. Friend. I pass on my congratulations to Mr Holdcroft and all the restaurants that hold “snack and chat” events. As for the idea of a McSurgery in a McDonald’s, I’m lovin’ it.

Yvonne Fovargue Portrait Yvonne Fovargue (Makerfield) (Lab)
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T5. Many people in my constituency have filled out one form for the whole household to register to vote, as happened under the old system. Their registrations are being processed, but will they be counted in the figures?

Nigel Adams Portrait Nigel Adams (Selby and Ainsty) (Con)
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T8. Will the Minister tell the House what plans the Government have to further reduce their property portfolio?

Matt Hancock Portrait Matthew Hancock
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We have been making significant savings in Government property, and the estate is already 20% smaller than it was in 2010. We have saved over £750 million in running costs, but there is much more to do. We have far more work to do to make sure that we are as efficient as possible in the use of property, and I look forward to leading that work.

Stephen Hepburn Portrait Mr Stephen Hepburn (Jarrow) (Lab)
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T10. Does the Minister agree that the Cabinet Office could be far more effective in running the Government if it did not have in another Department a Chancellor who goes out and agrees pig-in-a-poke deals with Google, which everybody knows does not pay its fair share of tax, at a time when millions are filling in their tax returns?

Matt Hancock Portrait Matthew Hancock
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The tax to which the hon. Gentleman refers was of course due from activities under a Labour Government. It was never paid under a Labour Government, but it has been delivered under this Conservative Government.

Stephen Metcalfe Portrait Stephen Metcalfe (South Basildon and East Thurrock) (Con)
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T9. Again this year, many tens of thousands of young people will benefit from the National Citizen Service programme. However, there are still too many young people who have never been introduced to the programme or had the opportunity to “Say yes” to NCS. Will my right hon. Friend work with colleagues from across the House to make sure that every young person has the opportunity to understand this project and can sign up for this summer’s programmes?

Matt Hancock Portrait Matthew Hancock
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As my hon. Friend puts it, NCS is a fantastic opportunity for young people. It massively expanded during the last Parliament, and we have ambitious plans to make sure that every young person who wants to do so can benefit from NCS, which does so much to inspire and enrich people’s lives.

Gavin Newlands Portrait Gavin Newlands (Paisley and Renfrewshire North) (SNP)
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T7. New research has uncovered that there has been a greater fall in UK civil service employment in Scotland than in any other UK nation. Between 2011 and 2015, 5,000 civil servants working for UK Departments in Scotland lost their jobs. Will the Minister tell me and my constituents whether that is his definition of “better together”?

Matt Hancock Portrait Matthew Hancock
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Of course we have had to make savings in the number of civil servants as we have reduced the deficit, but there are far more UK civil servants working in Scotland than civil servants working for the Scottish Government. It just shows that, for Scotland as well as for the rest of this United Kingdom, we are that much better together.

Andrew Murrison Portrait Dr Andrew Murrison (South West Wiltshire) (Con)
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In supporting citizenship and volunteering, what lessons can be learned from the excellent Team Rubicon UK, led by my constituent General Sir Nick Parker? It involves recruiting veterans and ex-servicemen to do great work, notably during the recent flooding.

Matt Hancock Portrait Matthew Hancock
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I want to pay tribute to Team Rubicon and all those who work with it. The role that veterans can play in shaping the future of young people and showing what it is to serve their nation is invaluable, and it is a lesson from which all of us can learn.

John Bercow Portrait Mr Speaker
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Last but not least, I call Harriet Harman.

Charities (Protection and Social Investment) Bill [Lords]

Matt Hancock Excerpts
Tuesday 26th January 2016

(8 years, 8 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
John Bercow Portrait Mr Speaker
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I can now inform the House of my decision about certification. For the purposes of Standing Order No. 83L(2), I have certified that the Charities (Protection and Social Investment) Bill [Lords] relates exclusively to England and Wales on matters within devolved legislative competence, as defined in Standing Order No. 83J. Copies of my certificate are available in the Vote Office. Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Does the Minister intend to move the consent motion?

John Bercow Portrait Mr Speaker
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Even a nod from a Whip would suffice, but instead we have the full throttle of ministerial words. The House is greatly privileged and the occasion, I feel sure, will not be forgotten.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Natascha Engel in the Chair]

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Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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I can reassure the hon. Member for North Down (Lady Hermon) that the Procedure Committee, of which I am a member, is looking at what is happening with this procedure and will report back to the House. It shall be noted that these are matters of great interest, but recently when I have sat in on consent motions for these sorts of debates under English votes for English laws, I have noted that nothing is said at all. It is incumbent on us to draw up procedures that actually make a difference and have a purpose. The problem with EVEL is that, because the Conservative Government have an overall majority, no Bill will be changed one iota in this Parliament as a result of EVEL. Because all the other parties are opposed to EVEL, if the Conservative party does not have a majority after the next general election, the procedure could be abolished in an afternoon. The Committee will be looking at these procedures very carefully and—of course, I cannot speak for its other members—will want to be reassured that the procedures under EVEL are actually changing something.

Matt Hancock Portrait Matthew Hancock
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I will respond briefly to the comments of the hon. Member for North Down (Lady Hermon). She asked why the Bill has been designated as an England and Wales Bill, and that is because it relates in its entirety to England and Wales. On her point about a charity that covers the whole United Kingdom—it hardly behoves me to reiterate, passionately and fulsomely, the Government’s support for the United Kingdom, which we share—regulation of the activities of charities in Northern Ireland is devolved. I cannot speak to, and I do not have responsibility for, the activities of the Charity Commission for Northern Ireland, which regulates the activities of charities in Northern Ireland. Likewise, this section of the debate ensures that there is consent for this legislation among the MPs whose constituencies will be covered by it. The reason I did not speak at the start of this procedure is that, given that the Bill is so clearly restricted to activities that take place in England and Wales, it is plain and obvious that it is therefore an English and Welsh Bill for these purposes.

Lady Hermon Portrait Lady Hermon
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I am grateful to the Minister for allowing me to intervene. I want to make the point—I am sorry to repeat myself—that we have legislation going through the House today that will give increased powers to the Charity Commission based in England. However, were the Charity Commission based in England to take action against a national charity of which my constituents are members and supporters and to which they are contributors and donors, my constituents would be directly affected by its actions in relation to that particular charity. Am not I therefore entitled, as of right, to represent the views of my constituents in this House?

Matt Hancock Portrait Matthew Hancock
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Of course the hon. Lady is entitled to represent the views of her constituents, which is precisely what she has been doing in the stages of the Bill, but it is also right that English and Welsh MPs can have their say on the Bill. I point out that were her constituents involved in a similar way in a charity that was headquartered in France, Germany, America or anywhere else in the world, that charity would of course be regulated by its home regulator in the same way as a charity based in England. It is a consequence of the devolution of charities law, and the actions of support for and regulation of charities, to Northern Ireland that this is an issue not for Northern Ireland but for England and Wales, and therefore, under the EVEL procedures, this is self-evidently an England and Wales Bill.

Lady Hermon Portrait Lady Hermon
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I do not want this to become a one-way conversation, but I have to say that I do not think the people of Northern Ireland would be flattered to be compared to France. I have listened studiously to Government Front Benchers reassuring the House that theirs is a one nation Government. I invite the Minister to come to Northern Ireland and meet those who have contributed to charities in Northern Ireland. He can explain to them face to face why, given that the Government claim to be a one nation Government, Northern Ireland MPs in some cases do not count—apart from Sinn Fein Members, of course.

Matt Hancock Portrait Matthew Hancock
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It is self-evident that if the issues in the Bill relate to England and Wales, as they do, the Bill should, in the view of the Government, be certified as an England and Wales Bill. It is a consequence of devolution that those representing England and Wales should be able to have their vote on a Bill that relates only to England and Wales.

To respond to the point made by my hon. Friend the Member for Gainsborough (Sir Edward Leigh), I should say that it is inconceivable that anybody would unwind these provisions in any future Parliament, given that they protect English and Welsh voters from having legislation imposed on them without the will of the majority of Members with constituencies in England and Wales. The reaction of those who could then be overruled by others who had their own devolved Assemblies and Parliaments would be quite savage.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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On a point of order, Madam Chairman. Like my hon. Friend the Member for Gainsborough (Sir Edward Leigh), I am a member of the Procedure Committee. We were very clear in our deliberations that Mr Speaker would make a ruling as to whether legislation fell within these protocols or not, but that he would not be expected or required to give the raison d’être as to why he made the ruling.

I may be out of order, Madam Chairman, in raising this as a point of order, but having listened to this exchange, I feel somewhat as if the authority of the Chair, and the decision that Mr Speaker has taken, is now being challenged. Critically, that seems to be undermining what we thought was an important principle —namely, that the authority of the Chair should be such that neither a challenge to nor an explanation of his or her ruling would be required or expected.

Natascha Engel Portrait The Second Deputy Chairman of Ways and Means (Natascha Engel)
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I thank the hon. Gentleman for that point of order. I remind the House that we are discussing the consent motion, rather than the rights and wrongs of EVEL. I have allowed the debate—it has been a rather two-way exchange—to go on a little because we are right at the beginning of the EVEL process; this is certainly my first time in the Chair during a Legislative Grand Committee, and it is only the third time that this has happened. However, as the hon. Gentleman said, the Procedure Committee is looking at the EVEL process in the round. The hon. Member for North Down (Lady Hermon) should really make a submission to that Committee. It would be good if we could now move on to discuss the consent motion or put the question.

Matt Hancock Portrait Matthew Hancock
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All I would say is that the decision on the consent motion is, quite rightly, Mr Speaker’s.

Natascha Engel Portrait The Second Deputy Chairman
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I remind hon. Members that if there is a Division on the consent motion, only Members representing constituencies in England and Wales may vote. That extends to expressing an opinion by calling out aye or no when the question is put.

Question put and agreed to.

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Matt Hancock Portrait Matthew Hancock
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I beg to move, That the Bill be now read the Third time.

Charities are at the very heart of our society and have held that important place for many generations. The vast majority of charities are run well by selfless people whose motivation is to help others. By way of example, I was struck by the incredible way that charities and the local community mobilised after the devastating floods that took place in Cumbria in December. Cumbria Community Foundation set up a flood relief fund to help all those affected. The fund has already raised well over £4 million, alongside Government contributions. It has involved hundreds of local charities, voluntary organisations, businesses and individuals raising funds to support the appeal. National Citizen Service graduates in Carlisle have helped renovate a local youth club damaged by the floods. We owe a great debt to such charities and the volunteers who freely give their time to make a difference. We celebrate the work of this example just as we celebrate our hospices, universities, housing associations, community fundraisers, global research institutes, and the many, many other charities, from the most local to those with worldwide reach. We salute their effort, their time and their generosity, and the joy that they give in the service of others.

This Bill will help to protect that vast majority of charities from the tiny minority that would seek to abuse the benefits of charitable status and risk undermining the public’s trust on which charities as a whole rely.

Lady Hermon Portrait Lady Hermon
- Hansard - - - Excerpts

I am genuinely grateful to the Minister for allowing me to intervene on him again. In the light of the fact that he has emphasised on a number of occasions that responsibility for charities is a devolved matter in Northern Ireland, and given the changes introduced by this legislation, will he kindly confirm that, if he has not already done so, he will make it a top priority to get on the telephone to his counterpart in the Northern Ireland Assembly to say, “Right, this is what we’ve done at Westminster—perhaps you should think of making these changes in Northern Ireland.”

Matt Hancock Portrait Matthew Hancock
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Absolutely—we will certainly make contact with the Northern Ireland Assembly to ensure that we can have exactly that communication, not least because the Bill will support charities that want to engage in social investment, which many can benefit from. It provides a new way for charities to maximise the impact of their investments.

The Bill will also better support regulation of practices for fundraising, which have been found wanting. We all know of and support charities that, week in, week out, do brilliant work in our constituencies. I want to ensure that the regulatory framework for charities continues to support charities like these while supporting the work of the Charity Commission in robustly bearing down on the few bad apples. This Bill will do just that. I will touch on some of the things that I hope, through its passage, we will be able to deliver.

Extending trustee disqualification will better protect charities from individuals who present a known risk. Like many Members during the passage of the Bill, I struggle to conceive how it could ever have been considered appropriate for a convicted terrorist or money launderer, for example, to be involved in running a charity. These changes are long overdue. However, I agree with my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) that, in extending disqualification, we must take extra care not to undermine the vital work done by charities involved in the rehabilitation of offenders. I am confident that the waiver process will allow those who have changed their ways a route back into charity trusteeship or senior management. I hope that the commitments given by my hon. Friend the Minister for Civil Society will provide a degree of further reassurance.

When the National Audit Office reviewed the Charity Commission and reported on it in 2013, it recommended that the Government look at gaps and weaknesses in the regulator’s powers. We have done so, and the Bill addresses those gaps and weaknesses. We should however be clear that the Bill provides only one element of the change that is needed.

The Charity Commission was established in 1853 to take on a number of the court’s functions in relation to charities. At the time, misconduct in charities was a source of public concern, and that led to the founding of the commission. If we fast-forward 150 years, we can see that the Charity Commission’s role is in many ways much the same—focused on ensuring public confidence in charities.

We all want strong, effective, independent regulation of charities. The Charity Commission is making great strides towards that under the strong, clear-eyed and sure-footed leadership of its chairman, William Shawcross, and chief executive, Paula Sussex. They are driving the transformation of the commission into a modern, effective and efficient regulator. However, such a change can happen only with the full commitment and support of the charity commission’s staff, and I pay tribute to them for their hard work, which too often goes unrecognised.

The extensions to the commission’s powers in the Bill have been carefully thought through. Following public consultation, pre-legislative scrutiny and the Bill’s passage through the other House and this place, we have a much-improved Bill. As a result, the commission will be equipped with the tools that it needs to tackle serious misconduct and mismanagement in charities, and to do so effectively and efficiently. I am also reassured by the range of safeguards that accompany the powers, some of which have resulted from consultation and scrutiny.

It is important to stress that most charities will not experience any direct impact from the new powers in the Bill, because most charities are, quite rightly, never on the receiving end of the Charity Commission’s powers. However, ensuring that the regulator can act quickly and effectively against serious abuse will support public trust and confidence in all charities.

On public trust and confidence, I now turn to fundraising. It is clear to me that poor fundraising practices had the potential to undermine public trust and confidence in charities. Sadly, there is already evidence of reduced trust. We acted quickly by commissioning the Etherington review last summer. I am very grateful to Sir Stuart and the cross-party panel of peers who supported him. Sir Stuart recognised the serious risk to public trust in the charity sector generally, and the need for change in the fundraising practices of some charities. His review marks a watershed moment.

I welcome the support from Labour Members for our measures on fundraising. This is something on which we all agree there is a need for change. It really is the last chance for self-regulation. Under the leadership of Lord Grade of Yarmouth, it will have every chance. I very much hope that all across the charity sector are willing and able to embrace that. I do not want to have to resort to statutory regulation, but we will if we must. We now have the reserve powers to do so in case they are needed.

I welcome the important contribution on fundraising published yesterday by the Public Administration and Constitutional Affairs Committee, under the chairmanship of my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), who has followed the proceedings on the Bill closely. We will need to consider carefully the report and recommendations before responding fully, but we completely agree with the central finding that it would be a sad and inexcusable failure of charities to govern their own behaviour should statutory regulation become necessary.

On the new social investment power, the Bill will help charities that want to get involved in this exciting new area of finance for charities. We are committed to growing social investment as a sustainable source of finance for charities and other social ventures. The UK is a world leader in this respect, and the social investment power will help charities to play a bigger role.

I am pleased that there is a review provision in the Bill. After three years, it will enable Parliament to look back at the provisions and their impact. I hope that that will be a happy occasion.

The Bill and the improvements it will bring would not have been possible without a huge amount of hard work by many people. I particularly pay tribute to my hon. Friend the Minister for Civil Society and my noble Friend Lord Bridges of Headley for their sterling work in piloting the Bill through. Charity law can be fiendishly complex; they have not only grasped such complexities, but clearly and succinctly explained them to Members of both Houses. They have met a wide range of stakeholders to discuss all aspects of the Bill, and they have introduced amendments to improve it. I also thank my officials from the Cabinet Office and the Charity Commission who have supported the Bill’s passage.

I thank my hon. Friend the Member for St Albans (Mrs Main) and the hon. Member for Leeds North East (Fabian Hamilton) for their chairmanship of the Public Bill Committee. I thank the hon. Member for Redcar (Anna Turley), the noble Baroness Hayter of Kentish Town and Opposition Members for their broad support for the Bill. It would be fair to say that we have not agreed on everything, although the rows have tended to be about things that are not in the Bill. We have the shared aim of protecting charities and ensuring that the Charity Commission has the right powers independently and effectively to regulate charities. The debates have generally been constructive and positive and are, in my view, an example of the House at its best.

Particular recognition should go to the Joint Committee on the Draft Protection of Charities Bill, which undertook pre-legislative scrutiny under the wise chairmanship of my noble and learned Friend Lord Hope of Craighead. Its pre-legislative scrutiny resulted in a number of improvements before the Bill was introduced. I thank the Law Commission for drawing up the new social investment power. Its expertise was important in getting the detail right. I give enormous thanks to all others who have contributed in any way.

Finally, I thank my noble Friend Lord Hodgson of Astley Abbotts, whose prescient 2012 review of the Charities Act 2006 identified many of the weaknesses in fundraising self-regulation that are being addressed both through the Bill and the implementation of the Etherington review more broadly. That work four years ago showed the path that we have followed and that I hope the House will approve today.

The Bill has had broad support through the long process of consultation and scrutiny. We have listened and acted when we have heard ideas to strengthen it and add additional safeguards. The Bill will support and protect the strong, independent charity sector that is so important to our way of life in Britain, and I commend it to the House.