Referral of Prime Minister to Committee of Privileges

Michael Ellis Excerpts

Thursday 21st April 2022 Commons Chamber

[The Minister for the Cabinet Office and Paymaster General (Michael Ellis)]

May I start by saying that today is, of course, Her Majesty the Queen’s 96th birthday? I know that the whole House will wish to join me in wishing Her Majesty many happy returns.

I welcome the opportunity to discuss this important issue on the Floor of the House, and it is a pleasure to appear opposite the right hon. Member for Ashton-under-Lyne (Angela Rayner). The Government recognise the seriousness of the issues under consideration. Let me say at the outset that the Prime Minister has always been clear that he is happy to face whatever inquiries Parliament sees fit to hold. He is happy for the House to decide how it wishes to proceed today, and therefore will not be whipping Conservative Members of Parliament. They are free to vote according to how they believe we should move forward on this issue.

Last night, we tabled an amendment to the motion because we wanted to be explicit that Sue Gray should be able to complete and publish her report without any further delay, and because we wanted to allow the Metropolitan police to conclude their investigations. We now recognise that in practice those things are almost certainly likely to happen, so we are happy for the Labour motion to go through, if that is the will of the House.

The Prime Minister has apologised repeatedly for what has happened. He is mortified by it. He wishes he could have done things differently, and that the clock could be turned back. He has apologised—as this House has heard him do this week—repeatedly for what has happened. He has asked for the House’s forgiveness, and to be able to get on and serve the people of this country by delivering the opportunities brought about by his getting Brexit done, by our leading the world on covid vaccines and the vaccine roll-out, and by his clear leadership on Ukraine.

I wish to make it clear to the House that while the Metropolitan police investigation is ongoing, it is right that neither I nor this House speculates on the detail of matters that are still under investigation. It is of the utmost importance that police processes can continue without the risk of prejudice from this place or elsewhere. I acknowledge the points made by many Members, but it is important that the House understands that we cannot pre-empt the outcome of an investigation that must be allowed to finish.

As the motion before the House acknowledges, the proper time for the Privileges Committee to consider this matter is after the police have completed their work, when all the facts have been made clear. That is in accordance with the principles of natural justice, an ancient principle that the Leader of the Opposition understands full well. Natural justice includes the principles that allegations have to be known to the person accused, that there must be an unbiased tribunal, and that no one should be a judge in their own cause.

The hon. Member for Rhondda (Chris Bryant) said that he did not believe the Prime Minister. He has made a judgment and that is fine, but let us be clear that this is not a neutral, objective viewpoint. It is in the interests of natural justice that its principles be followed by all. That is in the interests of the House, too. The Leader of the Opposition spoke of principles, and of how consideration of them should affect the tempo of this debate, but his party spoke of drafting personalised attack ads against Conservative Members of Parliament in their constituencies. Moreover, before he opened the debate, he apologised for unwittingly misleading the House during Prime Minister’s questions yesterday, and in his next breath moved a motion against the Prime Minister for misleading the House. The truth is that there is a political tempo to this matter.

As the House knows, the Prime Minister is on his pre-planned visit to India, in order to deepen our long-term partnership for peace and prosperity with a fellow leading democracy in the face of global economic challenges and threats from autocratic states. Tomorrow, he will meet Prime Minister Modi for in-depth talks on the United Kingdom and India’s strategic defence, diplomatic and economic partnership, because the visit is aimed at bolstering our close partnership and stepping up security co-operation in the Indo-Pacific. Many Members in this House will understand that given events in Ukraine, it was of the utmost importance that this important visit went ahead. At no time, though, has the Prime Minister said that the issue that we are debating is not important; it is important. Other things are also important.

At all times, the Prime Minister has set out his understanding of events, just as he did again in the House on Tuesday. He has no concerns with this issue being considered by the Privileges Committee, if that is what the House decides should happen. Nevertheless, Members of this House will be aware that, as I have said, the Government tabled an amendment last night, setting out specifically that consideration of this matter should take place after both the conclusion of the police investigation and the publication of Sue Gray’s report, because Members should have all the facts before taking a decision. We are, however, now content that, in practice, any parliamentary process would take place after both the Met’s investigation has concluded and the report from Sue Gray has been published. As a result, Members of Parliament will be able to vote as they see fit on the motion, as the Government remain committed to publishing Sue Gray’s report as soon as possible after the Met police investigation has concluded.

[Dame Angela Eagle (Wallasey) (Lab)]

Yet again, I have sympathy with the right hon. and learned Gentleman, given the Back-Bench duties he finds himself having to fulfil. He talks about us having all the facts before us. Will he reassure the House that all the photographs taken by the official photographers will be available to us to peruse as these judgments are made, so that we can make sure that we have all the facts before us?

[Michael Ellis]

I cannot comment on the particulars that the hon. Lady mentions because, of course, the matter is under police investigation, so she presupposes a state of affairs that I cannot speak to.

[Pete Wishart]

The Prime Minister was asked this question yesterday and he failed to give a reply, but I am pretty sure that his human shield will be able to answer this today. Why did Allegra Stratton resign?

[Michael Ellis]

That is not part of this debate, and it is not part of my function here. The hon. Gentleman wishes to make political points, but this is a matter of principle, as the House knows.

While the Prime Minister is not here, he has already addressed the issue in the House earlier this week. I reiterate what the Prime Minister came to this House to say on Tuesday. As he said then, we understand the strength of feeling that we have heard and the expectation from the public for more from their elected representatives. That is why the Prime Minister has apologised wholeheartedly and unreservedly to this House. Again, I refer the House to his statement on Tuesday on specific matters relating to the notice issued to the Prime Minister, but he has already committed to making public any outcome of the investigation into his own attendance at any event, including any further fixed penalty notices. The Prime Minister has said that once the Metropolitan police have concluded their investigation he will immediately ask the second permanent secretary to the Cabinet Office, Sue Gray, to update the findings of her report. The Prime Minister will, of course, come back to this House to address the outcome of the investigation once we reach that point.

As the Prime Minister said on the issue of whether he misled the House, his comments made to the House were in good faith. He has responded to the event for which he has received a fixed penalty notice. He made clear that he did not think at that time that the event was in contravention of covid rules. However, he has apologised for his mistake, paid his fine and accepted the findings of the Metropolitan police. There is a difference between a deliberate and an inadvertent situation and I think most people would accept that.

I understand the strength of feeling in the House, but the Metropolitan police investigation is ongoing. Once that investigation is complete, the Prime Minister has made it clear that he will return to the House.

[Karl Turner]

I am confused here, to be honest with the Minister. Is it the Prime Minister’s position that he did not understand the rules, or that the rules did not apply to him? What is it?

[Michael Ellis]

The hon. Gentleman’s question is not worthy of a response. He knows full well the difference between a deliberate and an inadvertent situation—it happens every day of the week. When talking about inadvertence, I will say this, which my hon. Friend the Member for Rother Valley (Alexander Stafford) pointed out in this House: no one made an issue of the report in The Times of the birthday party at that time. That is powerful evidence that no one believed it was a crime or an offence. That supports the assertion—[Interruption.] The hon. Gentleman asks, and I am telling him—that supports the assertion that the Prime Minister did not knowingly mislead the House. If he is asking for evidence, that is some of it.

[Clive Efford]

Will the Minister give way?

[Michael Ellis]

No, I do not think so.

I will close my speech by reiterating what the Prime Minister said yesterday: this Government’s focus is and always will be

“to deliver on the priorities of the British people”.

We will continue our efforts to work with our allies

“to face down Putin’s aggression abroad”.

We will address

“the toughest problems at home,”

as we have been doing,

“helping millions of families with the cost of living, making our streets safer and funding the NHS to clear the covid backlog.”

The Prime Minister is focused every day on making

“the British people safer, more secure and more prosperous”.—[Official Report, 20 April 2022; Vol. 712, c. 48-49.]

Question put and agreed to.

Resolved,

That this House

(1) notes that, given the issue of fixed penalty notices by the police in relation to events in 10 Downing Street and the Cabinet Office, assertions the Rt hon Member for Uxbridge and South Ruislip has made on the floor of the House about the legality of activities in 10 Downing Street and the Cabinet Office under Covid regulations, including but not limited to the following answers given at Prime Minister’s Questions: 1 December 2021, that “all guidance was followed in No. 10”, Official Report vol. 704, col. 909; 8 December 2021 that “I have been repeatedly assured since these allegations emerged that there was no party and that no Covid rules were broken”, Official Report vol. 705, col. 372; 8 December 2021 that “I am sickened myself and furious about that, but I repeat what I have said to him: I have been repeatedly assured that the rules were not broken”, Official Report vol. 705, col. 372 and 8 December 2021 “the guidance was followed and the rules were followed at all times”, Official Report vol. 705, col. 379, appear to amount to misleading the House; and

(2) orders that this matter be referred to the Committee of Privileges to consider whether the Rt hon Member’s conduct amounted to a contempt of the House, but that the Committee shall not begin substantive consideration of the matter until the inquiries currently being conducted by the Metropolitan Police have been concluded.

[Paula Barker (Liverpool, Wavertree) (Lab)]

On a point of order, Mr Deputy Speaker, Yulia and her daughter Daria fled Ukraine as it was being bombed. They managed to get to Poland and applied for a visa to come to the UK on 1 April. My office has been in constant contact with the Home Office, which has advised us that the checks have been completed and the application is with the decision maker. Yulia and Daria were unable to board a flight to the UK this morning to get to safety with one of my constituents. They are now stranded. They have no food, no accommodation and no money. We have been advised by the Home Office that they should seek advice from the consulate because there is no direct flight back to the UK until next week, and no visa will be with them before Saturday. What can I do, Mr Deputy Speaker, to ensure the safety of Yulia and Daria?