Independent Adviser on Ministers’ Interests Resignation
Michael Ellis Excerpts(1 year, 11 months ago)
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Fleur Anderson (Putney) (Lab)
(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on the resignation of the Independent Adviser on Ministers’ Interests.
The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
Let me start by thanking Lord Geidt for his work as Independent Adviser on Ministers’ Interests and, indeed, for his years of public service before he took up that role. I hold him in the highest regard. He has been honoured multiple times and is, of course, an example of excellence and service in public life. I thank all Members for their work in respect of this matter, but I think all Members of this House will recognise that Lord Geidt has demonstrated diligence and thoughtfulness in the way he has discharged his role over the past year. We have benefited hugely from his service.
The Prime Minister will be issuing a letter in relation to Lord Geidt’s announcement. Both Lord Geidt’s letter and the Prime Minister’s reply will be deposited in the House shortly—as soon as my office has those letters, Mr Speaker, they will be placed in the Library. The Government are of course particularly disappointed that Lord Geidt has taken this decision, because only very recently—as the House knows from the debate last week—significant changes were made to the role and status of Independent Adviser on Ministers’ Interests. As I set out to the House last week, the changes represent the most substantial strengthening of the role, office and remit of independent adviser since the post was created in 2006.
Let me set out briefly the reforms to the role that the Prime Minister has introduced. First, the independent adviser has a new ability, which Lord Geidt and his predecessors did not previously have, to initiate investigations in relation to allegations where there has been a breach of the “Ministerial Code”. This is a significant change. Previously, as the House knows, as an adviser, he and his predecessors were not permitted to do this. The adviser will still need the consent of the Prime Minister of the day to start an investigation, but, as I made it very clear last week, this consent will normally be given.
The “Ministerial Code” now includes new detail on proportionate sanctions for a breach of the code. Previously, there was no proportionality in those sanctions, and even the smallest of technical breaches by a Minister in place might have resulted in an enforced resignation. Now there is a proportionate range of options, and that was exactly as recommended by the Committee on Standards in Public Life.
In future, the independent adviser will be consulted about the revisions to the code, as recommended by the Committee on Standards in Public Life. The “Ministerial Code” now includes more specific references to the role of the independent adviser and more specific references to the duty on Ministers to provide the independent adviser with all information reasonably necessary for the discharge of the role.
In conclusion, as Lord Geidt himself has made clear, the new arrangements are workable, and he noted the increased transparency that they bring. The Government will of course now move to make new arrangements and we look forward to working within the strengthened system that I have described.
Mr Speaker
I say to the Minister, for whom I have the greatest respect, that he knows that his answer should have been three minutes. I am sure that the team here could have managed to get that speech down to three minutes. I say to Members on both sides of the House, please, do not take advantage, as there is a lot of other business to follow.
Mr Speaker
Well, you need to come to the Dispatch Box. It might be easier if you stand up.
Michael Ellis
Let me briefly answer the hon. Lady. I cannot speak to other investigations that may or may not have been in progress, but we will find about them in due course. That speaks for itself. As for other sensitive matters, it is obviously not appropriate to dwell on those. What is clear though is that the letters will speak for themselves. I think the hon. Lady will wish to wait for those.
Mr Speaker
We now come to the Chair of the Public Administration and Constitutional Affairs Committee, William Wragg.
Mr William Wragg (Hazel Grove) (Con)
I will channel my rare inner Lady Bracknell and say that for the Prime Minister to lose one adviser on Ministers’ interests may be regarded as misfortune, but to lose two looks like carelessness—I hope my right hon. and learned Friend will take that in the spirit it is meant. I thank Lord Geidt for appearing before our Committee on Tuesday, where I think he did his best—with what he would work with, I think was one thing he said, but he did his best none the less. I am very sad that he felt the need to resign, and I look forward to reading his letter and the reply from the Prime Minister. Can the Minister give the House some reassurance on this particular point? There was a five-month vacancy in the role upon the resignation of the previous independent adviser. How much more quickly will that be filled this time?
Michael Ellis
I am sure my hon. Friend will agree with me that it is important to ensure that whoever holds that role is not under constant political pressure to attack the Prime Minister for party political reasons and that, if they do not do so, they are not accused of being a lackey or a patsy. That is not something our independent advisers on Ministers’ interests deserve. We want the best public servants in our public life. We have had one in Lord Geidt, and we will work further in due course, but I know my hon. Friend will agree that it is in the public interest that party politics is not allowed to put pressure where it does not belong.
Brendan O'Hara (Argyll and Bute) (SNP)
Another day, another scandal, another humiliation for the Prime Minister as another sleaze adviser quits. Let us not forget that when Lord Geidt took this job on 16 months ago he was the personal appointment of the Prime Minister, and we were assured that his credentials were absolutely impeccable. Lord Geidt said that if he were to resign it would be a last resort, and that he would use that resignation to send a critical signal into the public domain. We need to know what critical signal he was sending out last night. As yet, we do not have details of his resignation letter. We could speculate—could it be lawbreaking? PPE contracts? Breach of international law? I am pleased that the Minister is publishing the correspondence in full, but will he define “shortly”, as opposed to immediately, and will he confirm that all the correspondence will be published in full when it is published?
Michael Ellis
Lord Geidt’s credentials are impeccable and remain impeccable. He is an example to people like me and to all people in public life for the service he has given to Queen and country over the course of decades. The hon. Gentleman seeks to criticise people who hold those public roles and make political points if they do not support his position, and I suggest that is not the right approach.
Mrs Sheryll Murray (South East Cornwall) (Con)
Does my right hon. Friend agree that we have a job to do, and that our time is best spent getting on with the job and delivering on the promises we made to the British people and voters in 2019?
Helen Hayes (Dulwich and West Norwood) (Lab)
This is the second of the Prime Minister’s hand-picked ethics advisers to resign, alongside his anti-corruption champion. I have met children from two primary schools in my constituency this week. Children as young as seven can see what is plain as day—that this Government are rotten from the top. Does the Minister have any concerns about the impact that this shocking mess is having on trust and confidence in Government and in our democracy?
Mr Peter Bone (Wellingborough) (Con)
I congratulate the hon. Member for Putney (Fleur Anderson) on securing this urgent question, but it is a bit of a shame that it is not on something our constituents care about. I do not know who Lord Geidt is—I bet half of the Opposition do not know who Lord Geidt is. If you want to get rid of the Prime Minister, you lot sitting there, move—[Interruption.] Not you, Mr Speaker; I know you do not want to get rid of the Prime Minister. I would never suggest that.
Mr Bone
Sorry, Mr Speaker. I got carried away. Her Majesty’s loyal Opposition know that if things are as bad as they say they are, the way to get rid of the Prime Minister and this Government is to have a vote of no confidence in the Government. The loyal Opposition have not been willing to do that. I think my constituents will draw their own conclusions about that.
Michael Ellis
May I gently say to the Opposition parties that if they wish for a change of Prime Minister, they should do something different from attacking personalities? They should attack policies, but of course if they were to attack policies, they would find that they would lose.
Wendy Chamberlain (North East Fife) (LD)
Government is accountable to Parliament. The independent adviser on Ministers’ interests is a crucial role that is appointed by the Prime Minister. Does the Minister accept that the only way to begin the process of restoring trust in standards of public life—standards undermined by the Prime Minister—is to give Parliament a role in the appointment of the new adviser? At minimum, we should be looking at a scrutiny session by the Public Administration and Constitutional Affairs Committee and a confirmatory vote in this House.
Michael Ellis
Any Prime Minister of any political party appoints their own advisers. That is historically what has taken place, and that is no doubt what will take place in the future.
Dr Andrew Murrison (South West Wiltshire) (Con)
Lord Geidt is a public servant of superb, unequalled reputation and the utmost integrity, and his departure is greatly to be regretted. Does my right hon. and learned Friend agree with me more generally that those placed in a position of judgment over others must not have a previously stated position on the matter in question?
Michael Ellis
My right hon. Friend makes a very good point, and it of course is an age-old principle of natural justice that no person should be a judge in their own cause. Where an individual has given a view on the guilt or innocence of any person, they ought not then to sit in judgment on that person. I know the point that he is referring to, and I have no doubt that the right hon. and learned Member for Camberwell and Peckham (Ms Harman) will consider that.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I always feel sorry for the Minister when he has to come and defend the indefensible, but what we have heard this morning is a real disservice to the House, in that we have not seen these letters. They should have been available, but can I also say this to him? It is not only disgusting and disgraceful, but it is shambolic. This is the Government. We are talking about the responsibility of the Prime Minister, but the responsibility is not his alone: it is for the honour and integrity of every Member of Parliament on the Government Benches that they should do something about this shocking scandal that undermines our parliamentary democracy.
Michael Ellis
It is the job of all Members of Parliament of all political parties to maintain the honour and integrity of this House, and that is what the Prime Minister continues to do. The fact is that Prime Ministers of all political parties have had Ministers who have been in breach of the ministerial code. Last week I cited some on the Labour side.
Michael Ellis
They have not always done so, and I gave examples last week in the Opposition day debate of cases where Labour Prime Ministers did not take resignations from Ministers who were found in breach of the ministerial code. I would rather not refer to those names again—they are on the record—but that is an example of a Prime Minister being able to say whether they continue to have confidence in their Ministers. That is a constitutional imperative. They must be able, whether a Labour Prime Minister such as Tony Blair or Gordon Brown, or a Conservative Prime Minister, to have confidence in their own Ministers. They cannot absolve themselves of that responsibility by farming it out to somebody else, however honourable that person is.
Kevin Brennan (Cardiff West) (Lab)
I am incredibly grateful to the Minister for confirming to the House that the letter of resignation does exist, because the Deputy Prime Minister, who is also, I understand, a leading lawyer, said on the “Today” programme this morning that he did not know whether the letter exists, and then he went on to say that he had not read it. We are extremely grateful to the Minister for confirming that. Why is the letter not available to us now? He knew he was responding to this urgent question. We could have then discussed its contents. We have heard about Lady Bracknell; what we have before us this morning is Uriah Heep.
Michael Ellis
I think we can do without the literary references, but what I will say is that the letter does exist. I can confirm that, and it will be released very soon. By the way, it has only been about two working hours since this matter was dealt with, so the Government are acting very expeditiously.
Sir Christopher Chope (Christchurch) (Con)
May I ask my right hon. and learned Friend a practical question? We understand that the Prime Minister asked his special adviser Lord Geidt to give him advice on a particular issue. That advice has not yet been given and the person who was asked for that advice has now resigned without even giving any notice or extending his terms so that he could answer that question. Who will answer the burning question that was put to Lord Geidt by the Prime Minister a few days ago?
Michael Ellis
I am afraid that we will have to wait and see.
May I take this opportunity to refer to an earlier question? I think I may have mischaracterised what the hon. Member for Argyll and Bute (Brendan O'Hara) said. If I did, I would like to apologise if that was not his intention.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
What is it about the current Prime Minister that causes him to have such rotten luck in retaining ethics and anti-corruption advisers?
Michael Ellis
It is kind of the right hon. Lady to ask that question. I think the Prime Minister has a lot of good luck in winning elections. He won elections in London, he won a general election in this country, and he will win more.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
When questioned at the Public Administration and Constitutional Affairs Committee on Tuesday, the now former ethics adviser described himself as
“an asset of the Prime Minister…rather than a free-orbiting adviser”.
Does the Minister not agree that it is time for the ethics adviser’s appointment to be truly independent of the Prime Minister and of politics, and for them to be appointed by the civil service board?
Michael Ellis
I think all our independent advisers since 2006 have been independent of politics. They have been people of the highest integrity and probity, as is Lord Geidt. It is a position that is increasingly put under considerable pressure, but we must have regard for that and ensure that the standards are maintained.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
The integrity and ability of Lord Geidt is not in question. The question that we are all asking is, what on earth was it that encouraged him to tender his resignation? What scandal should we expect to come down the tracks?
Michael Ellis
The hon. Gentleman may well be disappointed; he will find that looking for scandal under every stone is disappointing.
Richard Fuller (North East Bedfordshire) (Con)
May I make a point to the Minister and to the House? To do effective work, an ethics adviser is required to be above day-to-day political feuds and not the focus of them. In the last few weeks and months, however, the position of the ethics adviser to the Prime Minister has been at the centre of political feuds on both sides of the House—not confined to the Opposition or to the Conservatives. What actions will the Minister take to ensure that the new appointee is protected from being the target of political attacks from whichever side?
Michael Ellis
My hon. Friend makes a good point, which I alluded to before. We must be careful to ensure that future independent arrangements are made so that individuals or entities are not put under political pressure to either do something or be accused of being some sort of patsy. The right thing to do is what is important.
Justin Madders (Ellesmere Port and Neston) (Lab)
I cannot believe that the Minister has come here without the letter being published. Is the Downing Street photocopier broken or is it more game playing? I suspect the latter. I want to ask him about the commercially sensitive matter that Lord Geidt was asked to investigate, which I noticed he did not deny when responding to the shadow Minister, my hon. Friend the Member for Putney (Fleur Anderson). He did not answer her question as to whether it relates to a direct or indirect financial interest for the Prime Minister or any of his friends, families or business associates. He could answer that question now. He does not need to give any details that would be commercially sensitive; he could just confirm who it relates to. If he does not answer that, it does not look like carelessness; it looks like a cover-up.
Michael Ellis
The letter will be published and given to the Library of the House in due course—very soon.
Alison Thewliss (Glasgow Central) (SNP)
Today, the Minister for defending the indefensible has been sent out to account for the resignation of Lord Geidt, who was no longer willing to do the same. My constituents see Westminster Ministers breaking the rules with no consequences, no sanctions and no ethics. Is it any wonder that they now have no faith in this broken Westminster system?
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
After many years working in both the public and private sectors in many countries around the world, I cannot think of a single instance where the behaviour of someone in a leadership position obliged a person responsible for giving ethical or standards advice to resign twice in succession and yet the person in the leadership position remained in place. Does the Minister agree that my constituents will conclude that the Prime Minister finds it hard to maintain a working relationship with ethical advice, and how many resignations of ethical advisers will it take before the Prime Minister does resign?
Michael Ellis
I venture to suggest that the hon. Lady’s constituents will find it surprising that in the past six months Labour has focused constantly on personalities and not on policies. The reason has to be that when it comes to policy, Labour loses.
Jeff Smith (Manchester, Withington) (Lab)
I am sure that the Minister will agree that principles and standards in public life must be upheld. Can he confirm from the Dispatch Box that the Government have no plans whatsoever to abolish the role of the independent adviser on ministerial interests?
Deidre Brock (Edinburgh North and Leith) (SNP)
Just a few of the political casualties of the Prime Minister’s premiership so far have been Allegra Stratton, who did not attend Downing Street parties; Lord Wolfson, on the principle that the PM should not breaks the laws he makes; the PM’s anti-corruption tsar; and now Lord Geidt, presumably—who knows, because the send button has not been used on the email—for being unable to hold the Prime Minister accountable for breaches of the ministerial code. When will someone actually responsible for the degeneration of standards in government be the one to go—namely, the Prime Minister?
Michael Ellis
I think the House will forgive me if I do not take lectures on moral probity from the Scottish nationalists. One needs only to google the SNP to have whole list of those incidents.
Mike Amesbury (Weaver Vale) (Lab)
What is it that is so unethical about this law-breaking, rule-breaking Prime Minister? Is it not about time he resigned?
Michael Ellis
I realise that it is challenging, but if Labour Members wish a change of Prime Minister, they ought to try to win a general election; they are not going to be able to do it.
Carol Monaghan (Glasgow North West) (SNP)
Is there any point in appointing a new ethics adviser for a Prime Minister with no ethics?
Michael Ellis
Of course, the Prime Minister maintains the highest standards in public life and will continue to do so. Despite all the scurrilous suggestions otherwise, the hon. Lady has given no evidence to indicate in what way she is referring to a lack of ethics.
Jim Shannon (Strangford) (DUP)
On TV this morning, the Secretary of State for Justice indicated that the resignation could be for confidential reasons, could be for security-related reasons that therefore cannot be disclosed, or indeed could be for other reasons. When will the appointment of Lord Geidt’s successor be made? How can the House be assured that the person who is appointed will have a permanent position and will stay the course?
Michael Ellis
I think the position may become a bit clearer when the letters are published very shortly, but on the point that the hon. Gentleman makes about the future arrangements, they will be under very careful consideration.
Oral Answers to Questions
Michael Ellis Excerpts(1 year, 11 months ago)
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Duncan Baker (North Norfolk) (Con)
The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
As the Minister responsible for the infected blood inquiry, I announced this week the publication of the study by Sir Robert Francis QC on a framework of compensation for people directly affected by infected blood. The Government are considering Sir Robert’s recommendations and I will update the House as this work progresses.
Duncan Baker
I was contacted by a constituent who has been affected by the infected blood scandal. As for so many across the country, this has been a very traumatic moment for everybody who has been impacted. As my right hon. and learned Friend says, on Tuesday we have the release of the very welcome study that has come forward. Can we now move at pace on compensation for those who have been impacted? Will he think about the recommendations for interim payments, and will that be able to help the victims quickly now?
Michael Ellis
I am grateful to my hon. Friend for rightly raising the concerns of his constituents. I know that Members across the House will have constituents in similar positions. Sir Robert will give evidence to the inquiry on 11 and 12 July, so just a few weeks from now, and the Government will need to reflect very carefully on his evidence to the inquiry in considering his study. But the points my hon. Friend makes are very valid and have been noted. There are complex factors to take into consideration and we will be doing just that.
Kerry McCarthy (Bristol East) (Lab)
Feryal Clark (Enfield North) (Lab)
The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
May I join others in wishing you many happy returns, Mr Speaker? It must be great to be the youngest Speaker of the House of Commons in generations.
Under the Inquiries Act 2005, the process, procedure and timing of the inquiry are matters for its independent chair Baroness Heather Hallett. She has made it clear that she will be doing everything in her power to deliver recommendations as soon as possible.
Alex Norris
More than 170,000 people have lost their lives to covid-19. That is an awful lot of empty places at the dinner table and a lot of broken hearts. The families desire rightly to know what happened to help them grieve. I heard what the Minister said about the limits on his agency in the matter, but I did not hear him say that, in his opinion, it would be valuable to have those answers as quickly as possible, and that ought to be within the life of this Parliament.
Michael Ellis
The hon. Member is completely right to raise his point, which I know is one that the House will agree with. The inquiry’s draft terms of reference actually require it to
“produce its reports (including interim reports) and any recommendations in a timely manner.”
To be fair, Baroness Hallett has made it clear that she will do everything in her power to deliver recommendations as soon as possible. I agree with that—it is part of the terms of reference—and we will work to that, as I know she will.
Feryal Clark
Seven hundred and fifty-one: that is how many people died within 28 days of a covid-positive test in my borough of Enfield. Those people are not just numbers; they represent hundreds of families who are grieving the loss of loved ones and want answers. They should not have to fight and struggle to get those answers. They deserve to be treated with dignity and respect. I join my hon. Friend in asking the Minister to do the right thing by those families, including those in Enfield, and ensure that the inquiry reports back as soon as possible.
Michael Ellis
I am sympathetic to the hon. Member’s point, and I know everyone will be. The consultation on the terms of reference that Baroness Hallett engaged upon is now complete. She received more than 20,000 responses from members of the public. She had already held meetings with bereaved families and sector representatives across the UK and she has now published her recommendations for the inquiry’s final remit. The Prime Minister will be consulting with the devolved Administrations. Every effort will be made to go as fast as is reasonably possible while also getting proper inquiry results. I know that Baroness Hallett will work to that, too.
Sir Desmond Swayne (New Forest West) (Con)
We already have the most important lesson, which is to avoid lockdowns, isn’t it?
Michael Ellis
I think that my right hon. Friend will agree that the Prime Minister and the Government made every effort to avoid having lockdowns where that was possible. Unfortunately, occasionally, it was necessary so to do.
Giles Watling (Clacton) (Con)
Rachael Maskell (York Central) (Lab/Co-op)
The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
The Government attach great importance to the effective and timely handling of correspondence. Officials remain committed to providing the highest level of service. As part of our commitment to transparency, we have published data related to letters from MPs and peers answered by Government in 2021, which shows that Cabinet Office timeliness improved each quarter, with 89% of letters—89%—received from hon. Members in quarter four responded to within 20 days.
Rachael Maskell
To get a response: the Equalities Minister, four months; the Health Minister, often four months but can be six months; and the Defence Minister, seven months, with our staff chasing and chasing, while being on the phone for three hours, or up to five hours to UK Visas and Immigration. Behind every letter and every call our office makes is someone in need—often pressing need. We all know that this is due to capacity, so how can the Government state that they plan to cut 20% of civil servant jobs, 91,000 people, when they cannot even cope with undertaking the most basic of tasks?
Michael Ellis
I recognise the importance of the correspondence for those constituents who write in. It might be instructive to know that Departments have continued to receive a significantly higher volume of correspondence in 2021, mainly due to the pandemic, and that has had an impact on resource and timeliness of responses. During 2021, most Departments continued to receive a significantly higher volume of correspondence. The Department for Transport was able to answer 92% of 13,363 letters, the Ministry of Defence 88% of 3,773 letters, and the Department for International Trade 84% of 2,182 letters, within 20 days.
Mr Speaker
Order. Can I gently say that I and the former Leader of the House, the right hon. Member for North East Somerset (Mr Rees-Mogg), have been struggling to ensure that Members’ letters, from all sides, are answered? We should not try to defend the indefensible. I will be honest: Members need letters on behalf of their constituents to be answered as quickly as possible and, unfortunately, I am getting all the complaints. So I just want to add that to the burden to take away.
I call James Grundy. Not here.
Felicity Buchan (Kensington) (Con)
The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
Since the pandemic began, civil servants have been delivering the Government’s priorities both from the workplace and occasionally from home. I have written to all Secretaries of State outlining their abilities to ensure that Departments return to pre-pandemic occupancy levels, and my right hon. Friend the Minister for Brexit Opportunities and Government Efficiency has done so, too. We are willing to assist in any way we can. I add, by the way, that the vast majority of passport applications continue to be processed well within 10 weeks.
Angela Rayner (Ashton-under-Lyne) (Lab)
May I say what a luddite approach it is not to see home working as something that can be efficient? We in the Opposition can see that.
Less than a year since his last outsource government review was published, Lord Maude has again been appointed to lead a review of the civil service, a role that he performed in Government for five long years. Will the Minister tell us what value for money and performance measurement has taken place since the conclusion of Lord Maude’s last review; what tender process has been conducted to award Francis Maude Associates that work; and what conflict-of-interest assessment has taken place? Or are Ministers lining the pockets of their mates with the public’s hard-earned money once again?
Chris Stephens (Glasgow South West) (SNP)
Michael Ellis
As I said earlier, Sir Robert will give evidence on 11 and 12 July. The Government will want to hear what he has to say. We will study it very carefully and will act as expeditiously as possible after that.
Tim Loughton (East Worthing and Shoreham) (Con)
I was grateful for the recent meeting with the Minister for Brexit Opportunities about the Procurement Bill, along with other hon. Members sanctioned by China. Given the further revelations and documents about the extent of abuse, torture and human rights violations in Xinjiang and other parts of China, will the Government now commit to a full audit of all public service contracts with any Chinese firms that are in any way implicated in those abuses? Will the Government’s default position be to award no contracts to any companies in any way implicated in those forms of abuse?
Dame Diana Johnson (Kingston upon Hull North) (Lab)
I just want to make it clear that the Government’s approach to the study conducted by Sir Robert Francis was to publish it at the same time as their own response. That is what we were told—although the all-party parliamentary group on haemophilia and contaminated blood and many campaign groups had asked the Government for openness and transparency, and for the report to be published when it was given to the Government. Given that two people are dying every week as a result of the contaminated blood scandal, may I press the Minister on this issue? Do the Government accept that there is a strong moral case for compensation to be paid, irrespective of any legal liability, and for interim payments of at least £100,000 per individual to start now?
Michael Ellis
Let me start by commending the right hon. Lady for her work in this area. I know how hard she has been working for some time. As she knows, the study was published this week and a statement was made in the House. The study makes recommendations for a framework for compensation and redress for the victims of infected blood, which can be ready for implementation on the conclusion of the inquiry that the Government initiated, should the inquiry’s findings and recommendations require it. I cannot second-guess what the outcome will be—that is the reason for the inquiry—but Sir Robert has rightly put the views and experiences of the infected and affected, who have suffered so much and for so long, at the heart of his study, and we will expedite this as far as we possibly can.
Ian Lavery (Wansbeck) (Lab)
Further to the question from my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) about the contaminated blood scandal, I emphasise that the victims of the scandal need reassurance. We have not had much reassurance this morning. When will the interim payments be made, and do the Government support recommendation 14 of Sir Robert Francis’s report?
Michael Ellis
The Government have committed themselves to providing support for those who have been infected and affected, and ex gratia support has been given to those affected by this issue since 1988. As I have said, Sir Robert has made a number of recommendations about compensation, which need careful consideration. It would be remiss of the Government to rush that. It is most important that we are able to reflect on his evidence, which he is due to give in four or five weeks’ time, and we will do so after that.
Jessica Morden (Newport East) (Lab)
On, again, the subject of the contaminated blood report, may I reiterate the need to support the families who lost loved ones, such as the Smith family from Newport, who lost Colin, aged just seven, after he was infected by blood from an Arkansas prison? Will the Minister ensure that that aspect of Sir Robert Francis’s report is acted on? As others have said, this is long, long overdue.
Michael Ellis
The hon. Lady is right to raise that case, and there are many tragic and appalling cases that are similar to it. This is why the Government launched the inquiry, it is why they asked Sir Robert Francis to write his report, and it is why they are acting in a way in which previous Governments over the course of decades have not acted. We will process the matter just as soon as we reasonably, practicably can.
Chris Bryant (Rhondda) (Lab)
I wish you a very happy birthday, Mr Speaker—the happiest of birthdays.
Why are the Government so bloated? In the UK, we have more Government Ministers than France, Germany and Italy put together, and more than India, Canada and Australia put together. When I arrived in this House in 2001, the Prime Minister made do with one Parliamentary Private Secretary. This Prime Minister has four PPSs; Mrs Thatcher had only one. Why is this Prime Minister so much less efficient than either Tony Blair or Mrs Thatcher? Is it not time, if we are going to have a cull of civil servants, that we had a cull of Ministers? At least one quarter of the Front Bench should go. Would somebody like to name one?
Sir Robert Francis QC’s Infected Blood Compensation Study
Michael Ellis Excerpts(1 year, 11 months ago)
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The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
Today the Government are publishing the study by Sir Robert Francis QC, which was commissioned by my predecessor as Paymaster General, the right hon. Penny Mordaunt MP.
The study makes recommendations for a framework for compensation and redress for the victims of infected blood, which can be ready to implement upon the conclusion of the infected blood inquiry, should the inquiry’s findings and recommendations require it.
Sir Robert’s study is comprehensive and detailed, and reflects the contributions of many individuals directly affected by infected blood, their recognised legal representatives, and campaign groups representing the infected and affected communities, many of whom participated in a series of meetings held by the study from July 2021 to February 2022. Sir Robert makes clear the importance of these contributions by introducing his study with a collection of moving, heartbreaking and sometimes shocking quotations from some of those who spoke to him. It is right that their views and experiences should be at the heart of his work, and I would like once again to thank all those who contributed to the study and shared their experiences with Sir Robert. I do not underestimate how difficult this must have been for many, and I am grateful for their courage.
Sir Robert will give evidence about his work to the infected blood inquiry on 11 and 12 July. Before then, it is important that the inquiry, and recognised legal representatives of its infected and affected core participants, have an opportunity to consider his work; it is most important that the Government are able to reflect upon Sir Robert’s evidence to the inquiry in considering his study.
There is a great deal of complexity to the issues that the study covers and a wide range of factors to be taken into account in considering Sir Robert’s recommendations. This analysis cannot be completed hurriedly but officials across Government are focusing on this so that the Government can be ready to respond quickly to the inquiry’s recommendations, as was intended when the study was commissioned. I will update the House as this work progresses.
I would like, once again, to thank Sir Robert and his team for their work and the timely delivery of the study.
I have asked that a copy of the study be deposited in the Library of both Houses in Parliament.
[HCWS79]
Standards in Public Life
Michael Ellis Excerpts(1 year, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
I thank the right hon. Member for Ashton-under-Lyne (Angela Rayner) for choosing today’s motion. We have been on opposite sides one or two times in the past few months, and it is always a pleasure, but I have no hesitation in supporting the motion on the Order Paper today.
The Government fully recognise the importance of the ministerial code and its role in maintaining standards in public life—that is not questioned. It was, of course, a Conservative Prime Minister who created the code, which sets out the Prime Minister’s expectations for his or her Ministers, detailing the standards of conduct expected of those who serve Government and the principles that underpin those standards. The code has performed that role for successive Prime Ministers since, as I say, it was first published by Sir John Major as “Questions of Procedure for Ministers” 30 years ago, in 1992.
Throughout that time, the code has been an evolving document. It is customarily issued, as the House will know, where warranted and then reissued by the Prime Minister of the day to reflect changes, and to update the guidance and principles that apply to Ministers. It is because of the importance of the ministerial code that the Prime Minister has recently revised and strengthened it. It is, frankly, fake news to say, as some have, that it has been weakened—the exact opposite: it has been strengthened, and I will explain why.
In doing this, the Prime Minister has unambiguously drawn on the advice of both the independent adviser on ministerial interests and the Committee on Standards in Public Life. I would like to take this opportunity to thank the independent adviser for all his work advising the Prime Minister since he was appointed a little over a year ago. I would, of course, also like to thank the Committee on Standards in Public Life, not just for its “Upholding Standards in Public Life” report of last November, but for fulfilling the important role that it has done for over 25 years: advising the Prime Minister of the day on the arrangements in place to uphold standards in public life.
I would like to talk about the changes that have been made; to clarify some of the confusion and misinformation that has been circulating in relation to them; and to set out to right hon. and hon. Members why decisions about how the ministerial code evolves are, rightly and constitutionally, ones for the Prime Minister of the day.
Several hon. Members rose—
Michael Ellis
I will make a little progress, but I will be giving way later. Let me start by saying that the changes made to the ministerial code in this iteration and to the role of the independent adviser, published on 27 May, represent the most substantial strengthening of the role of the independent adviser since the establishment of that post in 2006. To be clear, those changes include: revised terms of reference for the independent adviser, introducing an enhanced process for the initiation of investigations; more specific references in the ministerial code to the role of the independent adviser; more specific references to the duty on Ministers to provide the independent adviser with all information reasonably necessary for the discharge of his functions; new detail on proportionate sanctions for a breach of the code, as agreed by the Prime Minister in April 2021, in line with the recommendation of the Committee on Standards in Public Life; the change whereby the independent adviser will in future be consulted about revisions to the code, as, again, recommended by the Committee on Standards in Public Life; and changes to further enhance the independence of the independent adviser’s office, through providing it with its own gov.uk page and responsibility for managing its own affairs and its own correspondence.
In all those ways and in more, the role has been strengthened. [Interruption.] It is not just a new website; it is the control of staff, the control of correspondence, the right to be consulted about future revisions, the creation of proportionate standards and the specific references to Ministers. It is much stronger than it was before.
Richard Thomson (Gordon) (SNP)
I am interested in what the Minister said in his opening remarks about supporting the terms of the motion. It
“calls on the Government to implement all of the report’s recommendations”
in the “Standards Matter 2” review
“as a matter of urgency”.
Notwithstanding what the Minister just said, is he now confirming to the House that the Government will implement all of those recommendations, as the motion calls for?
Michael Ellis
The hon. Gentleman should be patient and wait to see. What is important is that, collectively, these revisions represent a substantial and significant evolution. Importantly, as I have said, they reflect the thinking, over time, of the Committee on Standards in Public Life. It is not as though this has been magicked up somewhere else; this is reflective of what the committee has asked for—and the independent adviser. The Government are alert to those recommendations made by those in the standards landscape. We regard those recommendations as important and worthy of careful consideration.
Margaret Beckett (Derby South) (Lab)
I am speaking as a member of the Committee on Standards in Public Life but not on behalf of that committee, as that is the job of the chair only. I simply observe to the Minister that there is a fatal flaw in the observations he has just made about the greater degree of freedom to be given to the independent adviser, because everything still depends, fundamentally, on the decision of the Prime Minister in office.
Michael Ellis
As it should, constitutionally. The reality is, as I think the right hon. Lady will confirm, that this does strengthen the position—certainly it does not weaken it. The Committee on Standards in Public Life first made recommendations on the ministerial code and the role of the independent adviser on 15 April 2021, prior to the appointment of Lord Geidt later that same month. At that time, or roughly at the same time, Lord Evans called for greater independence for the independent adviser in the initiation of investigations and publication of findings; and for there to be a “proportionate range of sanctions” available for breaches of the code.
That is not unreasonable. It is perfectly reasonable to have a proportionate availability—a range of options—for someone who has been found to be in breach of the code, just as this House has when Members of Parliament are found to be in breach of the standards expected of this House and just as a military court martial or court of law would have. Currently, the ministerial code does not allow for that range of options, so punishments can be disproportionate.
Dame Meg Hillier
The right hon. and learned Gentleman always comes to the Dispatch Box and eruditely dances on a pinhead to justify his paymaster. Fundamentally, the difference is that when my party was in government, Ministers were sacked for lesser things than have been done recently, because the Prime Ministers of the day had regard to the standards in public life and had no truck with anyone who crossed the line. That is surely the difference in respect of what we all want to see—and, actually, given what we can see on the Government Benches, what a lot of the Minister’s party would like to see.
Michael Ellis
I understand the hon. Lady’s wish to paint her party’s former leaders as paragons of virtue, but the important thing—the test—is whether a Minister retains the confidence of the Prime Minister of the day, whether that be a Labour or Conservative Prime Minister.
The Government acted on the recommendations last year. In a letter to Lord Evans on 28 April 2021, the Prime Minister set out the commitment to improving the independence of the investigations process; to providing guarantees of timely publication; and to directly implementing the recommendations of the Committee on Standards in Public Life on graduated sanctions, the independent adviser’s non-renewable term and his secretariat support. All those things strengthen the independent adviser rather than weaken him.
The committee then made further recommendations on the ministerial code and the independent adviser in its report of November last year. The Government considered those recommendations and consulted the noble Lord Geidt, before publishing their policy statement on the ministerial code and the adviser on 27 May.
Mr Perkins
The Minister’s response a few moments ago was incredibly telling. For all the talk about independence and standards, did he not hit the nail on the head when he said it depends on whether the Prime Minister retains confidence in a Minister? This is not any kind of independent process; it is simply about who the Prime Minister favours and who he does not.
Michael Ellis
Not at all. There is a constitutional imperative that the Prime Minister of the day, no matter what party he or she is from, must have the right to select their Ministers and must have confidence in their Ministers. That is a constitutional imperative and it is not inconsistent with the code and the independent adviser’s wishes.
Let me rest for a moment on the change that has been made in respect of sanctions, because it exemplifies the point about the Government’s considering and responding to the recommendations of others. It has always been the case, under successive Administrations, that a range of potential outcomes are available when it is determined that an aspect of the code has been broken. Some examples have been cited from previous Administrations. Members need only cast their minds back to the case of Baroness Scotland in 2009, who apologised for unknowingly employing an illegal worker and paid the associated civil penalty of £5,000, but when then Prime Minister Gordon Brown concluded that no further action was necessary, he made that determination of his own volition.
In the interests of fairness, I could equally well mention the 2012 investigation into Baroness Sayeeda Warsi under the coalition Government, or the current independent adviser’s finding that my right hon. Friend the Member for West Suffolk (Matt Hancock) made a technical breach of the code in failing to declare that his sister’s company had become an approved supplier to the NHS.
The test of whether a Minister remains in office has always been the continued confidence of the Prime Minister, so I am not going to criticise previous Labour Prime Ministers for making that determination, and nor would I criticise anyone in that position. They have a difficult office to fulfil and they must make a determination. If a breach of the code is extremely minor in the eyes of most but the Prime Minister has lost confidence in the Minister in question, that will be it for that Minister. That is the way it has to work.
That is the test of whether a Minister remains, yet over time a false impression has grown that any breach, large or small, across a wide-ranging, detailed document of 26 pages, must result in resignation. Correcting that false impression has been a concern not just for the Government but for those who advise on ethics in government. In its “Upholding Standards in Public Life” report, the Committee on Standards in Public Life noted:
“No other area of public life has such a binary system of sanctions, and in both Parliament and the Civil Service there are a range of sanctions available according to the seriousness of the offence. There is no reason why this should not be the case for ministers.”
Chris Bryant
The ministerial code says:
“It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity.”
I am sure the Minister agrees with that—“paramount importance”. The Prime Minister has now said nine times in the House that the level of unemployment is lower now than it was before the pandemic. That is untrue. The Prime Minister accepts it is untrue: he was asked about it by one of the members of the Liaison Committee and said, “Yes, but I have corrected the record.” Unfortunately, he has not corrected the record, and he has not even corrected the record about not having corrected the record yet. Does that not mean the code should say:
“Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister”—
unless it is the Prime Minister?
Michael Ellis
If I may say so, that is a rather poor example to cite, because what the Prime Minister is doing is emphasising the fact that unemployment in this country is lower now than it has been for generations. [Interruption.]
Until—[Interruption.] Can I carry on? Until now, the code has been silent on the specific consequences for breaches, apart from in some defined instances. The code sets out that knowingly misleading this House is a breach of the code for which resignation is expected. The code still says that—it is stated in paragraph 1.3.c, not one word of which has changed—but now it also includes more detail on other possible sanctions. In particular, it makes mention of a public apology, remedial action or the removal of ministerial salary for a period—again, something that this House can also sanction in certain circumstances. I do not know whether Members are arguing to the contrary.
Liz Saville Roberts
To what degree does the Minister agree that truth matters, regardless of the sanctions? We have been talking about a lot of the details, but Plaid Cymru and I have brought forward legislation to make lying in politics illegal, because that would fundamentally show to this place that the truth matters. Does the Minister agree with me in that respect?
Michael Ellis
Of course I agree that the truth is an important and paramount object in public life. That goes without saying. Sanctions are another matter. This is a question of fact and degree in each individual case. The right hon. Lady is pursuing this line that somehow truth has been removed from this iteration of the ministerial code. It has not—it is still there at paragraph 1.3.c—so she is pursuing an imaginary problem.
Let me turn to the letter on the application of the ministerial code to the Prime Minister. Before I talk about the detail of the letter, it is important that I touch on the recent communication between the Prime Minister and the independent adviser in relation to the fixed penalty notice received by the Prime Minister and the application of the ministerial code.
Valerie Vaz (Walsall South) (Lab)
Before the Minister does that, will he give way?
Michael Ellis
I am giving way quite frequently, but I will give way to the right hon. Lady.
Valerie Vaz
I thank the Minister for giving way. Will he say what the position is if the Prime Minister has broken the law? Does he accept that that is a breach of the ministerial code?
Michael Ellis
I am not going to get into individual examples; it would not be appropriate for me to do so. On 31 May, the Prime Minister wrote to the independent adviser making it clear that the standards and expectations set out in the ministerial code apply equally to his conduct as they do to all Ministers. I hope that answers the question—the Prime Minister put that in his letter. In that letter, the Prime Minister reiterated his apology in relation to the gathering that took place on 19 June 2020, for which he received a fixed penalty notice. The Prime Minister acknowledged the independent adviser’s frustration that this had not been made explicit at an earlier point. He set out in detail his judgment of his own conduct—to be fair to him—in respect of the ministerial code, which had included consideration of: precedents of Ministers who have unwittingly breached regulation where there was no intent to break the law; his full accountability to Parliament and the British people to whom he has rightly and repeatedly apologised; and his correction of the parliamentary record in relation to past statements, alongside his following of the principles of leadership and accountability in doing so.
Several hon. Members rose—
Michael Ellis
I will give way in a moment. I must get through my remarks.
Let me return to the reforms that have been introduced. It is the role of the independent adviser to provide the Prime Minister with independent advice on whether a Minister’s conduct has met the standards set out in the code, as well as providing independent, impartial advice to Ministers on the management of their interests. The role is an advisory one. In the event that an allegation of a breach of the code is referred to the independent adviser, his task is to investigate and, following that investigation, to give his independent advice to the Prime Minister in order that the Prime Minister may then reach a decision. Those decisions are taken by the Prime Minister—constitutionally it is essential that they are taken by the Prime Minister—in line with his democratic accountability for such decisions. The Prime Minister has the democratic accountability—the elected authority—and advisers and officials do not.
John Penrose (Weston-super-Mare) (Con)
May I take my right hon. and learned Friend back to the Prime Minister’s response to the independent adviser—the letter that he mentioned that was published on 31 May? He is right to say that it goes through in some detail and with great care—rightly—the question of fixed penalty notices being issued and sets out the Prime Minister’s position for all of us here to know, to understand and to debate. The thing that it does not cover, and which in my view, I am afraid, is a very serious omission, is the further charge in the Sue Gray report that there have been serious failings of leadership at the top of No.10 and the Cabinet Office —both the Prime Minister and the civil service leadership. Because it is about leadership, which is one of the fundamental seven Nolan principles of integrity in public life, does that not also involve a serious and material breach of one of the fundamental underpinnings of the ministerial code, and is it also not a problem that he has managed to ignore that entire section of the report, gloss over it and fail to address it and to address it publicly?
Michael Ellis
I respectfully disagree with my hon. Friend for the simple reason that there is the issue of inadvertence. That is a relevant factor. As someone who has been involved in the law for many years, I think that one should take the approach of accepting that there is a difference between inadvertence and deliberate conduct.
The initiation of investigations by the independent adviser has been subject to much comment. I assure hon. Members that the Government have considered the range of views on this carefully. The revised terms of reference set out an enhanced process to allow for the independent adviser now to independently initiate an investigation, having consulted the Prime Minister and obtained his consent—[Interruption.] That is an improvement on what was the case before. It is also stated in the new iteration that the Prime Minister would normally provide that consent. I note here that Lord Evans has made it clear that the introduction of a range of graduated sanctions means that the independent adviser should be given the full authority to independently initiate investigations, and that these recommendations were part of the package. The Government have considered that carefully. While they take this view seriously, please allow me to lay out why we consider it critical that the Prime Minister retains a role in the initiation of investigations. [Interruption.] Because this is a constitutional imperative. The Prime Minister is head of Her Majesty’s Government and is accountable for the conduct of the Executive. That authority and that accountability derives from the Prime Minister’s ability to command the confidence of this House, and that derives from the Members of this House, including those who hold office —all of us—at the behest of the electorate. This Government are committed to maintaining that constitutional position and the accountability of the Prime Minister, including in decisions. If we usurp that and hand that authority to someone who does not have electoral accountability, that would be a constitutional irregularity. To hand such decisions to another appointed individual without a check or a balance would be to undermine that position fundamentally.
Hilary Benn (Leeds Central) (Lab)
Has not the Minister just got to the heart of the problem? It is precisely because the Prime Minister is the ultimate arbiter of the code that the holder of the position of Prime Minister has a particular obligation to act with integrity. The problem that we have here is that there is a growing lack of confidence in the Prime Minister’s integrity—we saw that last night—and the longer he clings on, the more he undermines the office that he holds and, indeed, undermines our democracy.
Michael Ellis
I respectfully disagree with the right hon. Gentleman. The Prime Minister enhances the role of his office. [Interruption.] The proof of the pudding is in the eating. The Conservative party had, proportionately, the largest electoral victory since 1979—it speaks for itself. The Prime Minister has secured the electoral support of the largest number of people in this country for many years.
The ministerial code makes it clear that the Prime Minister will normally agree to an investigation, and that, in the unlikely scenario that the Prime Minister does not agree to an investigation, the independent adviser can then request that the reasons for not doing so are published. There is, therefore, a check on the Prime Minister’s power to refuse consent for an investigation. The reasons would have to be published and they would have to be clear. Those are important improvements in independence and transparency.
Lord Geidt is clear that this is a “workable scheme”. The Government are also clear that this is a scheme that upholds the constitutional position. I would add that Lord Evans, in writing to Lord True in response to the Government policy statement, stated that the new process for initiating investigations
“represents an improvement in the process for regulating the Code, which we welcome.”
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Minister seeks to justify the Government’s position by tying it back to the principle of parliamentary privilege, as if that is somehow an absolute and inviolable principle. But it is a principle that we in recent years have watered down in relation to the creation of the Independent Parliamentary Standards Authority and now the Independent Complaints and Grievance Service. This is not any more the trump card that it used to be. If this House is to be subject to independent investigation as Members, why should the Prime Minister and his Ministers be treated differently?
Michael Ellis
There is the Executive, the judiciary and the legislature, and there are different arrangements for the three branches. One would not expect anything contrary to that.
Let me touch on the relationship. The Government greatly value the work of the Committee on Standards in Public Life, but as the careful balancing of the powers around the initiation of investigation demonstrates, we consider it right that the Government assess recommendations on their individual merits. This work takes time and involves testing the strengths and weakness of proposals and options to develop a workable response. This is as true for the recommendations made in relation to the ministerial code as it is for the other areas covered in the extensive report issued by the CSPL just over six months ago. We have said that the Government are carefully considering those and other recommendations, and that is precisely the work that is taking place. The report was extensive, and the work to consider it is as extensive. I assure the House that the Government will respond to the Committee’s other recommendations in due course. The Government are happy to update the House via an appropriate statement when doing so.
Alan Brown (Kilmarnock and Loudoun) (SNP)
Let me go back to the fact that the Prime Minister can say no to the initiation of an independent investigation. What happens if the independent investigator asks the Prime Minister to publish his reasons? Is the Prime Minister compelled to do that? Similarly, given that the Prime Minister has said all along that no rules were broken, what is to stop him breaking rules in the future and saying, “No, we don’t need an investigation because I can assure you that no rules have been broken.”? Where are the checks and balances there?
Michael Ellis
The check and balance is that the Prime Minister would have to say in writing, I think, that he will find that—[Interruption.] I have answered that point. There would have to be some indication in writing of why he has advised the independent adviser not to proceed.
Moving on, the motion calls for the Government
“to make a statement to the House on the progress made in implementing the recommendations”
of the CSPL on 20 July and every 20 July thereafter. I stress that the issues that we are debating today are complex and intricately interwoven with our constitution. I hope that hon. Members would agree that the recommendations made in this area are particularly worthy of thoughtful consideration. There will inevitably be some that we do not agree with, but surely it is better to do that than to rush into reporting on changes, under an arbitrary timetable dictated by the Opposition. While careful consideration will be given to changes, the Government remain committed to being here not once a year, but every day, to account for their performance on standards to this House and to the British public.
Christian Wakeford (Bury South) (Lab)
Will the Minister give way?
Michael Ellis
I will give way before I finish, but I want to highlight again that the changes to the ministerial code, and the terms of reference for the Independent Adviser on Ministers’ Interests, are a positive step forward. They signal a greater and more clearly defined role for the independent adviser, alongside a proportionate approach to breaches of the code. They are made in response to the recommendations of the Committee on Standards in Public Life and others, and following consultation with the independent adviser, for whom, I must add, I and Her Majesty’s Government generally have the greatest respect. We are very conscious of the work he does, and are honoured to have him as a public servant. I particularly emphasise that point.
Christian Wakeford
The Minister very frequently defends the indefensible in this Chamber when many of his colleagues come to the conclusion that they cannot. He talked about a binary choice, but the binary choice is between what is right and what is wrong. My four-year-old daughter gets that; why do the Minister and the Prime Minister not?
Michael Ellis
The Prime Minister understands full well when wrong has been done, and he has apologised repeatedly. The quality of mercy is also an important one.
Clive Efford (Eltham) (Lab)
The Paymaster General has been here on many occasions defending the Prime Minister’s position on issues relating to, for want of a better term, partygate. He has repeated the lines of the Prime Minister and the Government on what happened and did not happen on those occasions. Is he satisfied with the information he is being supplied with, and that he has not been led to inadvertently mislead Parliament with his statements defending the Government’s position?
Michael Ellis
It goes without saying that I would not appear at this Dispatch Box if I were otherwise than satisfied—more than satisfied—that the information I am given is correct.
The House will agree that we all wish to apply the highest standards in our role. We are none of us perfect, but we come here with a view to serving our constituents and the general public. The Prime Minister does that; we all do that, on both sides of the House, and we do our best, but we are not immune to mistakes and occasional errors. What is most important is how we deal with them afterwards. There, the Prime Minister has shown leadership, as he has on the Russian invasion of Ukraine, on delivering on the promise to get Brexit done, and on delivering on the urgent promises required by the exigencies of the pandemic.
For all the reasons I have iterated, the motion is one on which the Government can abstain. While we greatly value the work of the Committee on Standards in Public Life, and of others who advise on the critical matter of how best to support the highest standards in public life, we do not support the suggestion that the recommendations of one particular report be adopted, without due consideration, as a single block. The report that we are debating was published a little over six months ago. It is extensive and wide-ranging, with 34 substantial recommendations, all of which demand careful consideration. That work is taking place, and in due course the Government will update the House, after careful thought, on our conclusions, which may be in parts. An essential part of that work will be considering the recommendations on their merits, and testing their application and their intentions. It is for those reasons that it is not possible for the Government to sign up to the motion today.
High standards are of paramount importance to this Government. We will update the House in due course, after further consideration of the many aspects of the committee’s report.
Michael Ellis
With the leave of the House and yourself, Madam Deputy Speaker, I wish to close this debate.
Today has been a useful debate in which valuable points were raised about the importance of high standards in public life—something that, as I have set out, the Government take seriously. The recently published statement on standards in public life set out reforms that provide a measured approach to make certain that the highest standards are maintained, while ensuring democratic accountability of elected representatives to the British people via the ballot box.
As I set out in my opening remarks, the Government will not be able to support this motion. I have heard Opposition Members repeatedly say the same thing. They have said, “We need a break from the Prime Minister”, “We need to change the Prime Minister”, and “We need to change the leadership of this country.” I respectfully suggest that the way to do that is by winning a general election. I have been in this Chamber for many hours over months now, and the Opposition parties have hardly said anything about policies. That is because if they talk about policies, they lose, so they talk about personalities.
Labour’s proposal is for an unelected, all-powerful overlord to choose who a Prime Minister’s Ministers should be. In theory, therefore, if a Labour Prime Minister—if ever there is a Labour Prime Minister in the future—were to say that they had lost faith in their Minister for the Cabinet Office, that would be one thing; but if they were to say that they had faith in their Minister for the Cabinet Office, but the new overlord were to say that he or she did not, under Labour’s plan that person would get to choose who that Minister was. With the greatest respect, I do not think that would make sense.
Looking at the constitutional framework of this country, as the policy statement published by the Government sets out, the constitutional status and framework are a key consideration when we look to make changes such as this. To explain the Government’s position here, the Prime Minister’s role as head of the Executive means that he has sole responsibility for the organisation of Her Majesty’s Government. That includes the recommendation of the appointment of, the dismissal of and the acceptance of any resignation by any of his Ministers. Ministers hold office for as long as they hold the confidence of the Prime Minister.
I gave examples earlier where Labour Prime Ministers retained confidence in a Minister who had been in breach of a ministerial code. The same applies both ways round. The Prime Minister, then, is accountable to both Parliament and the general public for the use of his powers as head of the Executive. As the ministerial code sets out, all Ministers, including the Prime Minister, are in the same way accountable to Parliament and the public for their actions and conduct.
Parliament has an established scrutiny role to play through mechanisms such as Select Committees, oral and written questions and statements. In addition to those arrangements, in our parliamentary democracy the conduct of the Government is ultimately judged by the electorate at the ballot box. I have to say this clearly: the ministerial code is the Prime Minister’s document. It sets out his guidance to all Ministers, including him, on how they should act and arrange their affairs in order to uphold the principles and standards of conduct set out in the code. The management of the Executive is wholly separate from the legislature.
Mr Carmichael
I was struck by the Minister’s reference there to an unelected, all-powerful, unaccountable individual; it reminded me that Dominic Cummings was the subject of correspondence in July and September last year between the Advisory Committee on Business Appointments and the Cabinet Office, with regard to his activities post leaving Downing Street. ACOBA has never had a response to that correspondence. When will it get one?
Michael Ellis
I am afraid I do not know the answer to that question, but I will certainly look into the matter for the right hon. Gentleman.
In line with the Prime Minister’s constitutional role as head of the Government, the Prime Minister is responsible for matters relating to the Executive. That point has been raised by several Opposition Members concerning the justiciability of the ministerial code. The ministerial code and its application are a matter for the Executive, and the Government do not consider that it would be appropriate to legislate for the ministerial code or for the office of the independent adviser. As soon as one legislates in that way, one opens the matter up to judicial review and judicial intervention.
Codifying aspects of the constitution in that way would inevitably constrain our ability as a country to flex and evolve our constitution over time. It would also increase the risk, which as a former Attorney General and Solicitor General is one of my principal concerns, of the judiciary’s being drawn into political matters that are not suitable for judicial review. They would be reviewing the fact that a Prime Minister has said, “I have confidence in X”, and a judge would, by necessity, be being asked to say that the Prime Minister should have confidence in X or they should not have confidence in X—the judge would be substituting his or her view for that of the Prime Minister. We want to protect the judiciary from being politicised in that way, which is another key flaw in Labour’s proposals.
Karin Smyth
I have listened to the Minister’s arguments. He is essentially saying that all power remains with the Prime Minister—the chap at the top. Given the vote yesterday evening by Members on his own Benches, who are not here to defend him today, what then are we to say to our constituents about the state of play with regard to public trust when the chap at the top has not behaved as honourably as he should?
Michael Ellis
The hon. Member and several others keep referring to chaps at the top. It is the Conservative party that has had two female Prime Ministers.
On the hon. Lady’s point about the Prime Minister’s power, that is certainly not unchecked. The Prime Minister of this country has very considerable checks and balances, given our extremely free and open press and also a House that has an extremely wide array of powers. His powers are not unchecked, by any stretch of the imagination, as I think is obviously clear.
I want to come back to the motion itself, which, as I say, appears to have been built on a misunderstanding of the intentions of the revision to the ministerial code as opposed to the substance of it. As I have set out, the Government are mindful of the constitutional position of the Prime Minister as head of the Executive and his role as having sole responsibility for the organisation of Her Majesty’s Government. That means that Ministers must have the confidence of the Prime Minister to continue in their role, and the ministerial code duly sets out the Prime Minister’s expectations. The Government are highly mindful of the accountability of Ministers and the Prime Minister within this, both to Parliament and ultimately to the public at the ballot box.
The updates to the ministerial code strengthen it. It is simply wrong to say that they weaken it—that is the opposite of the case. They are intended, in the first place, to enhance the role of the Independent Adviser on Ministers’ Interests, for whom we have considerable respect. They are also to provide what could only be described as a reasonable range of sanctions so that the Prime Minister can discharge an appropriate and proportionate sanction for what might be in certain cases a minor breach, and to include a new foreword reflecting the current priorities of the Government.
These changes follow consideration of the recommendations of the Committee on Standards in Public Life in its “Upholding Standards in Public Life” report. We are following those recommendations, alongside consultation between the Prime Minister and Lord Geidt, the independent adviser, and others. As Members can imagine, the Government have carefully considered these and wider recommendations in coming to these conclusions.
I finish by reiterating that the aim of the changes is to even better enable the Government to uphold the highest standards in public life, reflecting the constitutional role of the Prime Minister. Let me once again place on the record my thanks to all those who have taken part in today’s debate.
Question put.
Platinum Jubilee Civic Honours Competition
Michael Ellis Excerpts(1 year, 11 months ago)
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The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
I am pleased to announce that Her Majesty the Queen has commanded that city status has been granted to Bangor, Colchester, Doncaster, Douglas, Dunfermline, Milton Keynes, Stanley and Wrexham and a Lord Mayoralty to Southampton to mark Her Majesty’s platinum jubilee.
Her Majesty’s Government have been delighted over the number of places across the United Kingdom, Crown dependencies and overseas territories which entered the competition. Irrespective of the final outcome, this is a celebration of not only the rich and diverse communities which make up the United Kingdom, but of communities all across the undivided realm which the UK, Crown dependencies and overseas territories constitute.
City status, Lord Mayoralties, and Lord Provostships are civic honours granted by Her Majesty acting on the advice of Her Ministers under the Royal Prerogative. The granting of these honours is rare and they continue to be highly sought after.
The competition received an extremely high standard of applications, and those unsuccessful applicants should not be disappointed. All valid entries received individual consideration on their merits and, for the first time, applications were also assessed by an expert panel, before Ministers made final recommendations to Her Majesty the Queen.
I offer my congratulations to Bangor, Colchester, Doncaster, Douglas, Dunfermline, Milton Keynes, Stanley, Wrexham and Southampton which have been granted these prestigious honours from an exceptional and vast field of applicants.
[HCWS43]
House of Lords Appointments
Michael Ellis Excerpts(2 years ago)
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The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
On behalf of Her Majesty’s Government, I am laying today before Parliament a set of documents (HC 204) in response to the Humble Address motion of the House of Commons passed on 29 March 2022, in respect of the appointment of Lord Lebedev to the House of Lords.
The Humble Address procedure
A Humble Address to Her Majesty is a request of Parliament to make its desires and opinions known to the Crown. The Government occasionally makes use of the Humble Address to deposit materials before both Houses, but when the House seeks to use the procedure to call for papers, it is for the Government to consider what documents are suitable for release.
The Humble Address of 29 March, seeking documents related to the nomination of an individual to the House of Lords—on which the Prime Minister advises the Sovereign to exercise the power conferred in the Life Peerages Act 1958—needs to be considered in the context of the Government’s responsibility to consider any adverse effect of releasing materials, including on the processes relating to the awarding of honours and dignities by the Crown.
Access to information and the public interest
The Government are and remain committed to openness and transparency to ensure that Parliament is able to scrutinise and hold the Executive to account. However, it is also the case that when considering requests for information from Parliament, the Government have a responsibility to consider whether it is in the public interest to place information into the public domain.
This is a position set out in the Government’s response to the Public Administration and Constitutional Affairs Committee’s (PACAC) Fifteenth Report, “Status of Resolutions of the House of Commons”, in March 2019 (HC 1587).
The Government noted:
“One of Parliament’s key roles is to scrutinise the actions of the Government. In order to do this effectively, it is important that Parliament is able to access information from the Government. In providing information to Parliament, as set out in the ministerial code, ‘Ministers should be as open as possible with Parliament’, ‘refusing to provide information only when disclosure would not be in the public interest, which should be decided in accordance with the relevant statutes and the Freedom of Information Act.’ This principle was endorsed by Parliament in the resolutions on ministerial accountability, passed by both Houses in 1997. [Footnote: The motion passed by both Houses stated “ministers should be as open as possible with Parliament, refusing to provide information only when disclosure would not be in the public interest, which should be decided in accordance with relevant statute, and the Government’s ‘Code Of Practice On Access To Government Information’. The code of practice was superseded by the Freedom of Information Act].
The consideration of whether it will be in the public interest to place information into the public domain always involves a careful balancing exercise, weighing up the need for transparency and openness against other important and long standing, and often competing, principles and legislation, such as the Data Protection Act. Ultimately, Ministers have a duty not to release information where it is not in the public interest to do so. The use of the motion for return procedure to call for papers gives rise to a potential tension with that duty.
The Government has been put in a very difficult position by some of the recent motions for return. The Government has in responding sought to balance competing pressures of providing information to Parliament and protecting the public interest. It has been possible to find this balance where Ministers have been able to agree with Select Committee chairs the appropriate information to disclose and how. However, the Government would suggest that motions of returns which seek sensitive information to be made available in a way that makes that information public are not in the public interest and a threat to good governance.”
The March 2022 motion recognised the need for non-disclosure on grounds of national security. However, as the Government made clear during the debate in resolving not to oppose the motion, this does not override or restrict the Government’s need to also consider the wider public interest.
In passing the Freedom of Information Act 2000, Parliament and the then Labour Government both recognised that from time to time, the principle of transparency is secondary to a competing public interest in favour of non-disclosure of certain information. In the March 2019 response to PACAC, the Government noted that “the Government is under an obligation to balance...[the] competing interests” of transparency and other public duties but will “seek to find a way to balance these tensions and provide as much information as possible to the House”.
It is in this context that, in responses to other Humble Addresses in this Parliament—on Westferry planning consent and Randox contracts—the Government have duly applied Freedom of Information principles when assessing what documentation is appropriate to release into the public domain. This approach to Parliamentary scrutiny also reflects the long-standing approach of successive Administrations as set out in the Osmotherly Rules, paragraphs 39-40.
It also reflects the ministerial code provisions—noted above—that Ministers should refuse to provide information “only when disclosure would not be in the public interest, which should be decided in accordance with the relevant statutes and the Freedom of Information Act 2000”.
As laid out in today’s House of Commons paper, the disclosure of these documents reflects the need to protect national security, and to maintain integrity in the system for the awarding of honours and dignities by the Crown, the vetting of nominees for probity and the data protection rights of individuals.
A Humble Address to Her Majesty is a message from Parliament to make its desires and opinions known to the Crown and is related to the exercise of Her Majesty’s Royal Prerogative. This link to the Royal Prerogative supports the need for Her Majesty’s Government in responding to such an Address to consider any adverse effect in relation to the exercise of other powers by Her Majesty, such as the awarding of honours and dignities by the Crown.
The Intelligence and Security Committee
In the Government response to the Procedure Committee’s Ninth Report of Session 2017-19, “The House’s power to call for papers: procedure and practice”, HC 190, the Government noted:
“The Government recognise that where it is in the public interest to provide sensitive information to Parliament, sharing information with select committees is a well-established and effective mechanism for parliamentarians to review such information and ensure that information is disclosed in an appropriate way, or restricted if in the public interest.
Where the House resolves that information should be shared publicly with the House as a whole, it removes the possibility that arrangements can be made to share information confidentially with the relevant select committee. The Government maintains that the existing mechanisms that enable the sharing of information with select committees is a more appropriate way for sensitive information to be shared with Parliament”.
In that light, I can confirm that the Government have provided a response to the Intelligence and Security Committee, following a separate request from them for information relating to any national security matters arising. This has been provided in accordance with the Committee’s statutory remit, as set out in the Justice and Security Act 2013 and the accompanying memorandum of understanding.
Whilst separate to the formal Humble Address response, I believe this sharing of information illustrates the Government are acting in good faith in responding to Parliament’s request for information. It also reflects a request made by the Shadow Home Secretary to the Prime Minister.
Vetting by the House of Lords Appointments Commission
Since 2002, crossbench and party political life peerage nominations to the House of Lords have been vetted by the independent House of Lords Appointments Commission. The commission seeks advice from Government Departments and agencies where appropriate and these vetting procedures and the advice to the Prime Minister are confidential.
I can assure Parliament that proper consideration would be given to any information which indicated national security concern arising from a prospective appointment before a decision was made.
Were the Prime Minister to recommend a peerage against the commission’s formal advice on propriety, the commission has previously undertaken to write publicly to the relevant Parliamentary Select Committee. This has happened in one case before in December 2020. The Chair of the Commission, Lord Bew, has noted in evidence to PACAC last month that that was not the case in this appointment. He has also noted that no pressure was exerted on the commission on this matter. The conclusion of the commission’s deliberations are clear.
The process by which an individual is nominated to the House of Lords is an established one. It is essential that the confidentiality of these arrangements is maintained as it is this that ensures the vetting procedures are suitably robust and command confidence, whilst also protecting the private and personal data of those individuals who have entered into the vetting process. The routine disclosure of such confidential information would undermine the commission’s and Crown’s ability to consider the probity of those nominated for a peerage and have long-term and damaging consequences for the peerage appointments system, and to individuals.
Such confidentiality also applies to recommendations for political peerages made by Opposition parties. Honourable Members should be conscious that requests for information on the internal correspondence of the commission could also be applied to such Opposition recommendations, including those which are rejected or withdrawn. I do not believe it would be in the public interest for such internal correspondence to be used in the future for political point scoring.
The House of Lords has a valuable role to play as a scrutinising and revising the Chamber. The preservation of these established arrangements is necessary to ensure that those nominated to the Lords are subject to a vetting process which is both fair and sufficiently robust to ensure high ethical standards are applied to holders of public office. Constitutionally, it is for the Prime Minister to recommend appointments to the Sovereign.
Good standing of Lord Lebedev
Lord Lebedev is a man of good standing. His public and personal works are reflected in the citation deposited in the House today as part of the Humble Address. No complaint has been made about his personal conduct. He has been vocal in his criticism of the Putin regime. Indeed, it was the Leader of the Opposition who personally congratulated him on his appointment as a peer.
Conclusion
Her Majesty’s Government and the Prime Minister have been resolute in resisting Russian Government aggression and interference. These are matters of great importance and in lockstep with our allies, we are introducing the most severe economic sanctions that Russia has ever faced, and provided significant military support via the Ministry of Defence. We have also strengthened our domestic legislation to target those living and operating in the United Kingdom who support, enable, or facilitate Putin’s regime.
We are working to cripple Putin’s war machine and, as set out in the Queen’s Speech, we will be bringing forward legislation that will provide intelligence agencies and the police with new powers to tackle any hostile state activity, including from Russia. This Government will be resolute in defending our democracy and our allies.
[HCWS22]
Referral of Prime Minister to Committee of Privileges
Michael Ellis Excerpts(2 years ago)
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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.
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?
Cabinet Office
Michael Ellis Excerpts(2 years, 1 month ago)
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Michael Ellis
In the past seven years, Russian companies have raised £8 billion on UK markets.
[Official Report, 1 March 2022, Vol. 709, c. 954.]
Letter of correction from the Minister for the Cabinet Office and Paymaster General:
An error has been identified in my opening contribution to the debate.
The correct information should have been:
Michael Ellis
In the past seven years, Russian companies have raised $8 billion on UK markets.
Oral Answers to Questions
Michael Ellis Excerpts(2 years, 1 month ago)
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Dr Philippa Whitford (Central Ayrshire) (SNP)
The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
Sir Robert Francis delivered his report to me on 14 March, and I will carefully consider his findings and recommendations. It is my intention to publish the compensation framework study alongside the Government’s response as soon as possible, and in sufficient time for the infected blood inquiry and its core participants to consider them before Sir Robert gives evidence to the inquiry.
Dr Whitford
In the five years since the UK Government finally agreed to hold a public inquiry, 90 victims of the contaminated blood disaster have died in Scotland alone, 27 of them just in the last year since Sir Robert Francis was asked to consider compensation mechanisms. The inquiry team and victim groups need sufficient time to look at his report, so does the Minister not recognise how disrespectful it is to the victims of this disaster to delay publishing the report and then announce the Government’s response and decision without hearing their views?
Michael Ellis
It is extremely important that all those who have suffered so terribly can get the answers that they have spent decades waiting for. The hon. Lady knows that it was my right hon. Friend the Member for Maidenhead (Mrs May) who initiated this inquiry after 30 years of successive Governments not doing so, and it is Her Majesty’s Government who commissioned, proactively, the study that we are talking about this morning. What I have said is that I will consider the matter very carefully, and all due and appropriate considerations are being given to all of the factors that the hon. Lady has mentioned and to other factors, too. We will do that in sufficient time for the inquiry and its core participants to consider them before Sir Robert gives evidence.
Sir Christopher Chope (Christchurch) (Con)
Does my right hon. and learned Friend accept that there is another NHS treatment disaster in the making, in that there may be 10,000 or more people who have suffered serious injury or even death as a result of adverse reactions to the covid-19 vaccinations? Will he give an assurance that those people will get justice immediately rather than have to wait for decades?
The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
The timing of the statutory inquiry’s various stages is, under the Inquiries Act 2005, a matter for its independent chair to determine.
Kate Osamor
Many bereaved families and campaigners are anxious to hear the truth about the Government’s handling of the pandemic in a public inquiry. Meanwhile, the Government have admitted that none of the Prime Minister’s mobile phone messages up until April 2021 will be accessible to the inquiry, because he got a new phone. In the light of that, will the Minister confirm a date when the public hearings will be formally established?
Michael Ellis
What the Government are doing is following the statutory provisions of the Inquiries Act 2005, which, as the hon. Lady will recall, was passed by a Labour Government. The Act says that it is up to the inquiry chair, in this case Baroness Heather Hallett. She is a leading figure and is dealing with the matter, and it will be for her to determine dates.
Fleur Anderson (Putney) (Lab)
I spoke to some of the bereaved families at the memorial march this week, and they are furious and devastated that the public hearings of the covid inquiry will not be starting in the spring, as promised; instead, it looks as though it will be spring next year. This inquiry cannot be compromised any further, so have the Government learned the lessons from the deletion of the WhatsApp messages, which would no doubt have been crucial evidence in this inquiry, and will they ensure that any pandemic-related messages from Ministers and former Ministers in WhatsApp or private email accounts are passed over and safely stored to prevent further unfortunate losses of evidence?
Michael Ellis
I do not accept the contention that there has been any loss of evidence. Baroness Hallett has confirmed that her investigation will begin once the terms of reference are finalised. It is logical that evidence has to be gathered before it can be heard, and she has said that she intends to gather evidence throughout this year, with public hearings beginning in 2023. She has made it clear that she will do everything in her power to deliver recommendations as soon as possible. We all want that.
James Sunderland (Bracknell) (Con)
Civil Contingencies Act: 2022 Post-Implementation Review
Michael Ellis Excerpts(2 years, 1 month ago)
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The Minister for the Cabinet Office and Paymaster General (Michael Ellis)
I am pleased to inform the House that a comprehensive report, the “2022 Post Implementation Review of the Civil Contingencies Act” has today been laid before Parliament. This will succeed the 2017 “Report of the Post Implementation Review of the Civil Contingencies Act (2004) (Contingency Planning) Regulations 2005” in fulfilling the Government’s statutory obligation to review the Civil Contingencies Act (CCA) every five years, as stipulated in regulation 59 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005.
The CCA sets out a framework for emergency preparedness in the UK, it defines what an emergency is, creates the conditions for effective multi-agency working at the local level and provides emergency powers which allow the Government to react quickly to make temporary special legislation in the most serious of emergencies. Emergency preparedness, supported by the CCA, is essential to protect the UK from hazards and threats that have the potential to cause harm. This post-implementation review (PIR) provides a technical assessment of the legislative framework to ensure that it remains appropriate and sufficient in order to maintain and improve the emergency preparedness landscape. This report will act as a building block for wider work to continue in the coming months and years to make the UK as resilient as possible.
To produce this report, the Government have conducted extensive consultation on the CCA with a range of stakeholders at the local and national level including local resilience forums (LRFs), responder organisations and the devolved Administrations, as well as providing opportunity for public comment on the Act via the resilience strategy call for evidence (summer 2021). Lessons from events since the last PIR were also considered.
The evidence gathered has demonstrated that fundamentally the CCA has served responders well since 2004 and that the principles of subsidiarity, co-operation and co-ordination it sets out remain key. The CCA, as a whole, is fit for purpose. However, the PIR does recommend a number of technical changes to improve the legislative framework under four key themes: role of LRFs and resilience structures; assurance and accountability; categorisation and duties on responder organisations; and part 2—emergency powers and regional nominated co-ordinator. A comprehensive description of these recommendations can be found in the full report.
Following the laying of the PIR, the Government will now turn their attention to how these recommendations may be implemented, beginning first with a process of impact assessments and further stakeholder engagement to ensure that enacting the recommendations will achieve their intended purposes. The Government will also continue to consider which future policy changes may be required to ensure local levels of preparedness meet future needs effectively.
[HCWS733]