Ministerial Statements

Paul Beresford Excerpts

Monday 5th December 2011 Commons Chamber

[Chris Bryant]

I think that the motion raises a bigger issue relating to you, Mr Speaker, but I shall deal with that later if I may.

[Sir Paul Beresford (Mole Valley) (Con)]

The hon. Gentleman said that announcements were not time-sensitive, but they may be time-appropriate; in fact they may be regionally appropriate. I am thinking of local government announcements. It would be much more appropriate to make those at a certain time, and outside the House.

[Chris Bryant]

I think that those occasions are very rare. On very rare occasions, something is market-sensitive, for example, in which case there is an argument for Treasury Ministers to be able to exercise that judgment, but it is a rare occurrence. Labour Members are always mindful of Hugh Dalton, when he was Chancellor of the Exchequer, managing, before the Evening Standard came out, to leak a couple of elements of the Budget, although not deliberately—I think it was accidental. He ended up losing his job as Chancellor of the Exchequer because of that. Therefore, I do not want to create a rule for Ministers whereby, when they think that an announcement is time-appropriate, they can use whatever device they want.

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[Mr Knight]

I agree, and I must say that we are used to Mr Speaker telling us when we are out of line, so it seems to me to be a natural extension of the role of the Chair to act as gatekeeper in this process.

[Sir Paul Beresford]

Of course, the opposite point is that the complainant might be being political.

[Mr Knight]

The complainant might indeed be being political, but if a complaint was made with no grounds, in fact I would expect Mr Speaker to block it. I do not know whether my hon. Friend was suggesting that there would be a difficulty in the process, but I do not particularly think that there would. I have every confidence that the occupant of the Chair—whoever it was—would see that justice was done.

The Government made some issue of the fact that the Procedure Committee did not receive any formal evidence from the Parliamentary Commissioner for Standards on this proposal. I am rather baffled by that comment, because the Procedure Committee’s report does not suggest that the Parliamentary Commissioner for Standards has any role in the process, so it is not clear why the Government think that we should have received evidence from him.

The Government said that they do not accept the Committee’s recommendation that the penalty for a breach of House protocol would be a recommendation from the Standards and Privileges Committee that the Minister concerned should apologise to the House. Instead, the Government note that there is no evidence that there is a significant problem with Ministers refusing to apologise to the House when a breach occurs. However, that rather misses the point, which is that the Standards and Privileges Committee would have no need to use its powers if there was no problem to be dealt with. If a Minister had already apologised, there would be no need to go there.

It is perhaps also worth reminding those on the Treasury Bench that the Government have repeatedly expressed support for their own protocol and that the Government are saying that they agree with the majority of Members of this House that the House should be told first when there is an announcement of Government policy. It seems to me, therefore, that the serious leaks that occurred last week should also be deplored by those on the Treasury Bench. I hope that the Leader of the House, when he comes to address us, will add his voice to those that have already placed on record a number of concerns about the leaking of large parts of the autumn statement. Many Members wonder why the Chancellor has not apologised.

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[Mr Syms]

I think we have to live in the real world—a world with 24-hour news. We know that when Governments consult on policies, some of those who do not like those policies decide deliberately to leak information, and Government Ministers are then sometimes called into studios to defend or explain their position. If we have a protocol within the House that makes it difficult for Ministers to explain what the Government’s position is, a lot of our constituents will be worried unnecessarily because, to coin a phrase, a lie can be halfway around the world before the truth gets its boots on. That quite often happens with people maliciously trying to misrepresent Government policy.

[Sir Paul Beresford]

I was tempted to rise because the previous intervention was made by an hon. Friend who was a political adviser to me when I was a local government Minister. He assisted us in deciding whether it was appropriate, with regional issues, to make announcements in the areas to which they related rather than in the House of Commons.

[Mr Syms]

We have to look at the situation realistically. When the Prime Minister goes to the EU to negotiate with other leaders, at the end of that negotiation he stands on a platform next to the Union Jack and the EU flag and announces what has been discussed, what we have agreed with and what we have disagreed with. He sets out how he has been batting for Britain. What we are now saying is that whereas Merkel, Sarkozy or any of the other leaders can put the best face on their negotiation, the British Prime Minister will not be able to do so because he will have to come back here to make a statement, which he does anyway.

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[Sir Paul Beresford (Mole Valley) (Con)]

I am not the only member of the Standards and Privileges Committee present, but I am probably the only one who is going to speak—and I note a nod from the Chairman, the right hon. Member for Rother Valley (Mr Barron), sitting on the Opposition Benches. I am not going to speak for the Committee, however, because quite simply it has not looked at the proposal at all, or responded to it, but it should, if we proceed any further with the suggestion—or with a report, because after this discussion it might be more appropriate for the Procedure Committee to take the matter back, look at it again and decide whether to change its approach or to submit the issue to the Standards and Privileges Committee.

As a former Minister, I remember the requirements of the ministerial code hanging over me like a heavy weight if I thought I was ever going to step out of line, and also—taking the advice of my hon. Friend the Member for Poole (Mr Syms), who is no longer in his place—decisions on whether it was appropriate. Many such statements are a matter of judgment, and one has to recognise that there are a vast number of statements.

Many statements relate to timing, to regions or, from my experience, to local authorities, and, if a local authority is awaiting a statement, it is appropriate to make it in that area. The thought of what would happen to the House if we were gummed up with every single statement coming out of the Department for Communities and Local Government alone is beyond the imagination.

There are leaks, but one only has to consider a Minister being stuck with a journalist, particularly one from TV or radio, who has come forward with either a leak or an educated—or an uneducated—guess and a question to which the Minister needs to respond to see how someone with a political motivation might take it as a statement that should have been made in the House, even though it might in fact be made in the House later.

It is quite inappropriate not to recognise those difficulties, but, if we follow the Procedure Committee’s suggestion, we will be hitting with a heavy sledgehammer what is generally—albeit with exceptions—a very small nut. My own experience, which is from some time back, was that there was little or no leaking. I do not remember any, but perhaps my memory is slipping.

If such a complaint were sent, through the normal procedures, to the Standards and Privileges Committee, it would first go to the Parliamentary Commissioner for Standards, who is an official of the House. He would consider whether it was appropriate to investigate, but many such complaints would verge on the political, because the decision on the appropriateness of a statement made outside the House, whether substantial or not, is subjective and made by a Minister, with a measure of political judgment, be that with a small or large “p”. So, in effect, the motion asks for an officer of the House, the commissioner, to make a decision on a political issue, which I think would be absolutely inappropriate, as I believe and suspect the commissioner, from my discussions with him on other things, would, too.

Essentially, the Committee looks into complaints that Members have brought the House into disrepute. Decisions, including the Committee’s, are non-political, and the commissioner’s report is non-political. Most complaints fall by the wayside, because many sent to the commissioner—on the way to the Standards and Privileges Committee, if they ever get there—are political, are made by the public and are, quite often, from individuals who have been defeated in an election in a constituency. It is a well known technique, but fortunately it does not progress too far, because many such complaints are political, as many would be on the issue before us.

Ministers have to make a decision on a statement, but, with such rules hanging over a Minister, many statements would not be made outside the House when they should be; they would end up in the Chamber and, as I have already said, clog up the business. [Interruption.] There was an interjection, and, if the hon. Member for Rhondda (Chris Bryant) would like to stand up and interject, I might be able to respond, because I am hard of hearing and did not catch it.

[Chris Bryant]

That argument takes us to the point where we might as well do away with parliamentary government and just have government.

[Sir Paul Beresford]

The hon. Gentleman knows that I, of all people, would not follow that tendency of the previous Government. I absolutely disagree with him, and today’s examples, whether from this Government, the previous Government or the one before, have been of substantial leakages on substantial statements. The majority are not substantial, and we will clog up the business if we bring through all the minor statements, especially the regional or local ones.

We must also remember that we are, in effect, asking the Speaker, who must be non-political, to make a judgment on what will often be a political complaint. The hon. Member for Rhondda (Chris Bryant) was correct to say that it would be inappropriate for it to be referred to the Speaker.

This debate will be helpful for the Standards and Privileges Committee if the matter is brought before it. However, the debate is being held too soon, because the matter will need to go before the Committee if the Procedure Committee decides, in the light of what is said, to go ahead with this technique. The Standards and Privileges Committee will have the opportunity to look at the whole issue again—I hope that it does—to think again, and possibly to look for another procedure to move forward with in the light of the comments that are made today.

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[Nick Boles]

I thank my hon. Friend for that important and interesting intervention. I would go further, although I accept that very few people are of the same mind. We make a mistake in thinking that we can somehow reserve to decisions of military or financial sensitivity and urgency the possibility of their being made outside this place and then discussed fully inside this place.

[Sir Paul Beresford]

Does my hon. Friend not agree—from his vast experience in this place, and perhaps also looking from the outside—that although a considerable number of statements are of little or no interest to the House because they are regional, specific or small, perhaps involving one or two MPs, and so on, the decision on that, which the Minister takes, must be subjective, which makes the Minister vulnerable to attack, as we are seeing?

[Nick Boles]

I agree with my hon. Friend. This House has many opportunities to embarrass and annoy Ministers who seem to act with discourtesy towards us. I am not for a minute arguing that we should not make full use of that; I am just arguing against this motion.

I would like to move on to the example of the autumn statement—which my hon. Friend the Member for New Forest East (Dr Lewis) raised earlier—in which, as I think we can all agree, some of the most important announcements of this Session were made. It is true, as we should admit without embarrassment, that many of the proposals in the autumn statement were discussed widely in the media—on television, in the newspapers and in the blogosphere—in the several days before the statement. I have no idea whether that was by accident or by design, but I fervently believe that this ensured that public awareness and understanding of the contents of the Government’s plans and their response to the difficult economic situation in which we find ourselves was far higher than it would have been if nothing had been revealed until the statement was made. I ask Members to ask themselves two questions. First, how many people are willing and able, in their busy working lives, either to watch the autumn statement as it is broadcast on television or to read parliamentary reports? Secondly, how many of them, given the slightly weird way in which we all speak, will understand it when they do?

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[Thomas Docherty]

I am conscious of the danger that we will slip into the subject of our next debate, but I believe that Members of Parliament, including those who have the privilege of serving on the Treasury Bench, should be held to the highest possible standard, and I regret to say that that has not always happened in the case of a small number of Secretaries of State and their Departments.

The hon. Member for Poole (Mr Syms) cited Neville Chamberlain. Let me first remind him that what Chamberlain said was “peace for our time”, not “peace in our time”. Given the hon. Gentleman’s close association with the Secretary of State for Education, who I understand is very keen on British history, that is the kind of thing that we should expect him to get right. What he did not mention, however—[Interruption.] I hear a mobile telephone ringing. It is probably The Guardian, asking for the latest statements.

What the hon. Member for Poole did not mention was that the then Prime Minister, having left the airport tarmac clutching his piece of paper, went straight to the Chamber of the House of Commons, where he gave a detailed account of events in Munich and responded to questions over a substantial period during which he was subjected to considerable heckling from Members on his own side.

[Sir Paul Beresford]

The hon. Gentleman is giving us a delightful piece of history. However, the reality is that nowadays the Prime Minister would arrive and be flooded with television cameras, microphones and so forth, there would be educated and uneducated guesses, the Prime Minister would be trapped into having to respond—and he might indeed use the words “in our time”.

[Thomas Docherty]

I am sorry that the hon. Gentleman has such a low opinion of his party’s Prime Minister that he does not consider him to be sufficiently fleet of foot to outfox a handful of Fleet street’s finest, but we are discussing something more substantive than a Prime Minister’s arrival from the tarmac to make a major policy announcement. We are discussing the habit that the Government have fallen into, after just 18 months, of considering no announcement too big or too small to be given to the media before they can be bothered to get around to giving it to the House.

We saw an example of that only a few days ago. The Department for Energy and Climate Change contacted The Guardian’s twitter feed more than half an hour before it was known that a statement was to be made, let alone what the contents of that statement were to be. It is a matter of great regret to many Members on both sides of the House that the Secretary of State and his cohorts have such a low regard for this place that they cannot even be bothered to tell Mr Speaker or the Opposition that a statement is to be made before they tell the media.

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[Sir George Young]

My hon. Friend is absolutely correct and I believe that I touched on that a moment or two ago.

The motion would create new, enforceable rules of the House, and that is a novel step. In 1995, the House passed a resolution setting out the principles that should govern the conduct of Ministers of the Crown in relation to Parliament. The resolution referred to broad principles of accountability, and the duty not to mislead Parliament and to be as open as possible. It made no mention whatsoever of a duty to make statements in the House first.

I shall now deal briefly with the process outlined in the motion, which my hon. Friends did not touch on. The first step in any case where a Member believes the standards had been breached—

[Sir Paul Beresford]

Will my right hon. Friend give way?

[Sir George Young]

If I may, I will make some progress and then give way.

The first step in those circumstances would be to refer the matter to Mr Speaker. The relevant recommendation of the Procedure Committee says the following about what happens next:

“If he determined that the complaint was without basis or trivial, it would be open to him to dismiss it.”

The motion makes no mention of that. Where a minor breach has occurred, the motion, like the recommendation, refers to Mr Speaker taking steps. But Mr Speaker already has the power to summon Ministers to the House to answer urgent questions—a power used more extensively by this Speaker than by any of his predecessors. One should not underestimate the value of that tool. The former shadow Leader of the House, the right hon. Member for Leeds Central (Hilary Benn), told the Procedure Committee that Ministers take urgent questions very seriously indeed.

A range of other options are already available to the House to hold Ministers to account and can be used as sanctions. Ministers can be cross-examined by departmental Committees, they can be called to account through debate in the House—more so than ever before as a result of the Backbench Business Committee—and there can be a debate, in extreme circumstances, on a motion of censure. Indeed, I recall answering a debate in which it was proposed that my salary as a Minister should be reduced—a motion that, in its wisdom, the House did not carry.

In those circumstances, we oppose the suggestion that it would be a useful addition to give Mr Speaker the power to refer a more serious or complex breach to the Committee on Standards and Privileges. That proposal was made by the Procedure Committee, although I note that the Committee has not published any written or oral evidence to show the views of the Standards and Privileges Committee on the proposal, a point made by my hon. Friend the Member for Mole Valley (Sir Paul Beresford). Given that there is no proposal to change the terms of reference of that Committee, I assume that a referral would be treated as a matter of conduct. The code of conduct, which applies to all Members, contains no reference to the conduct of Ministers. Indeed, this subject was not raised in the recent consultation on the code. Out of the blue, the motion seeks unilaterally to change the principles behind the code before the House has even had an opportunity to review them.

As a former Chairman of the Standards and Privileges Committee, I think that those proposals could conflict with the fundamental role of that Committee, which is to regulate the conduct of individual hon. Members. It is not the function of the Standards and Privileges Committee to enforce the ministerial code and there is a real risk of double jeopardy if two institutions—the Prime Minister and the Standards and Privileges Committee—police the same code.

My right hon. Friend the Member for East Yorkshire, who chairs the Procedure Committee, said that the Government preferred the status quo. That is not quite the case. We proposed a number of reforms to his Committee. First, we suggested that there should be time limits on certain oral statements, so more could be made. That was rejected. Secondly, together with the then Shadow Leader of the House, I expressed an open mind on the proposition that oral statements could be made in Westminster Hall, but the Procedure Committee made no recommendation on that. Thirdly, I proposed that the earliest time for the release of written ministerial statements should be brought forward from 9.30 am to 7 am, which could be coupled with arrangements that the House already has to ensure the prompt availability of such statements on the parliamentary website. The Procedure Committee rejected that suggestion.

The Government are keen to pursue proposals that enable the House and its Members to be informed first of the most important announcements of Government policy in helpful and innovative ways. In the light of recent events, I will remind all Cabinet colleagues of the terms of the code and the strong views of the House in the debate this evening. However, the proposal before us does not take matters forward constructively. It seeks unrealistically to change the standards expected of Ministers and then seeks to subject them to additional policing that muddies the waters surrounding the role of the Standards and Privileges Committee. For those reasons, I urge the House to reject the motion.