Referral of Prime Minister to Committee of Privileges

Debate between Phil Brickell and Luke Evans
Tuesday 28th April 2026

(2 days, 8 hours ago)

Commons Chamber
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Phil Brickell Portrait Phil Brickell
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My hon. Friend makes a valid point. He is a noble campaigner on cleaning up the House and the public sector more broadly.

The Opposition’s motion supposes that the PM may have misled the House due to statements he gave in this place about due process and about pressure. This is a complex topic. Given the forensic demolition of the motion by my hon. Friend the Member for Cardiff West (Mr Barros-Curtis) with reference to pressure, I will focus my remarks on due process.

Before I speak more pointedly to process, as flagged by the Opposition, let me say this: I have no special access to information and I have not spoken to any of the individuals concerned regarding Mandelson in any way, shape or form since the Humble Address. I offer only my analysis based on the documents we have been given and statements made to the House by the Prime Minister and others when giving evidence before Parliament.

I speak as a Member of the House who is determined to drive up standards in public life, to improve the integrity of our system of government and to work constructively with Members of all political persuasions to improve the standing of politics as a force for good in the country at large. That is why only last week I met the Ethics and Integrity Commission to give formal input into that body’s workstream to tighten rules about financial disclosures, lobbying and the operation of the business appointment rules as they relate to Ministers and senior civil servants. But first, let us consider ongoing proceedings.

On 4 February, the House passed a Humble Address relating to the appointment of Peter Mandelson as His Majesty’s ambassador to Washington DC. It directed Government to

“lay before this House all papers relating to Lord Mandelson’s appointment…including but not confined to the Cabinet Office due diligence which was passed to Number 10, the Conflict of Interest Form Lord Mandelson provided to the Foreign, Commonwealth and Development Office…material the FCDO and the Cabinet Office provided to UK Security Vetting”

as well as, among others,

“all information on Lord Mandelson provided to the Prime Minister prior to his assurance to this House on 10 September 2025 that ‘full due process was followed during this appointment’”.

Subject to agreed redactions for national security and international relations purposes as agreed with the Intelligence and Security Committee, the first volume of material was published by the Cabinet Office on 11 March.

Last Tuesday, the Foreign Affairs Committee took evidence from Sir Olly Robbins, the former permanent under-secretary at the Foreign, Commonwealth and Development Office. On Thursday, the Committee heard from Catherine Little, the civil service chief operating officer and permanent secretary at the Cabinet Office. Earlier today, the Committee heard from Sir Philip Barton, the previous permanent under-secretary at the Foreign, Commonwealth and Development Office, as well as from Morgan McSweeney, the former chief of staff at 10 Downing Street. There is also a separate live police investigation being undertaken by the Met into Mandelson, which the Cabinet Office will be keen to avoid prejudicing. It will require a delicate balancing of information to ensure that detectives are able to conduct their vital work without it being in any way overshadowed by ongoing parliamentary inquiries.

This brings me to the reasoning for today’s debate brought by the official Opposition. The first limb is due process. To the best of my ability, my understanding is that the Opposition contend that due process was not followed, first, because UK security vetting took place after Mandelson’s appointment and, secondly, because his vetting decision was not escalated for discussion with No. 10 or the Cabinet Office.

On the sequencing of events, let me set the record straight as I see it. When the Cabinet Office published its first volume of material after the Humble Address, it included a file note dated 11 November 2024 and marked:

“Official Sensitive—Personal and Staffing. Advice to the Prime Minister, Options for His Majesty’s Ambassador Washington.”

In that note, written to the PM by Simon Case, the Cabinet Secretary at the time, it is laid out in very clear language that one option was a political appointment, as was undertaken when Ed Llewellyn was appointed as HM Ambassador Paris by David Cameron in 2016 and as HM Ambassador Rome by Boris Johnson in 2022, for which there was a clear process to go through. To quote Lord Case in that note to the PM:

“If this is the route you wish to take you should give us the name of the person you would like to appoint and we will develop a plan for them to acquire the necessary security clearances and do due diligence on any potential Conflicts of Interest or other issues of which you should be aware before confirming your choice. A letter is then needed from the Foreign Secretary to the PUS to FCDO formalising the decision to make a political appointment.”

That was in November 2024.

Simon Case’s note was followed up by another note dated 11 December 2024 from the PM’s principal private secretary, Nin Pandit, noting that due diligence had been sought from the propriety and ethics team in the Cabinet Office on Mandelson—checks which were conducted by PET on 4 December 2024. After that, the PM’s chief of staff discussed Mandelson’s relationship with Epstein and noted that the PM’s director of communications was satisfied with Mandelson’s responses to questions about contact. Importantly, this was before further information came to light in September of last year, when it was identified that those responses were not truthful.

Luke Evans Portrait Dr Luke Evans
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Will the hon. Gentleman give way?

Phil Brickell Portrait Phil Brickell
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I am going to make some progress, if that is okay—[Interruption.] I am in the flow of things and I am not halfway through yet, so I have a long way to go.

The PM’s PPS flagged that the relationship between Mandelson and Epstein would be gone over with the Prime Minister by his private office, and the principal private secretary noted that after a decision to proceed was made, only then would a decision be made as to when to make any appointment and announce it, and when the new ambassador would take up post, subject to a letter from the Foreign Secretary to the permanent under-secretary at the Foreign, Commonwealth and Development Office, followed by approval by the King and then agrément being obtained from the US Administration.

Correspondence from No. 10 to the permanent under-secretary at the FCDO, and from the FCDO PUS at the time, Sir Philip Barton, to the King’s private secretary, was disclosed in the first volume of material published following the Humble Address, which testifies to this sequence of events having taken place. On 20 December 2024, the private secretary to the permanent under-secretary at the FCDO emailed Mandelson congratulating him on his appointment and noting his onboarding, including regarding his “clearance”, which the head of the US and Canada Department of the FCDO noted on 23 December 2024 was an important “first step”.

When Sir Olly Robbins came before the Foreign Affairs Committee on 3 November last year, he said in response to a question from my hon. Friend the Member for Putney (Fleur Anderson):

“as is normally the case with external appointments to my Department and the wider civil service, the appointment was made subject to obtaining security clearance.”

Moreover, Sir Olly confirmed in that very session:

“we also went through the standard UK national security vetting process for DV… I am absolutely confident that UKSV undertook the process in precisely its standard way, doing all the checks it would expect to do, and we had ample time to assess and decide on the basis of its work.”

In reference to the remarks by the hon. Member for Lagan Valley (Sorcha Eastwood), it was worth noting for the record that it was confirmed to the Foreign Affairs Committee that the high-risk concerns in SV were not Epstein-related.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Phil Brickell and Luke Evans
Luke Evans Portrait Dr Luke Evans
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Will the hon. Member give way?

Phil Brickell Portrait Phil Brickell
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I will make some progress, if I may. I wanted to intervene on Opposition Members earlier, but was not allowed to.

It was the Conservatives who rightly described the situation in 2022 as unsustainable, and it was they who held 11 rounds of talks on sovereignty. In 2023, when he was Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak) said that he wanted to conclude a deal soon. At the time, when they were in government, Conservative Members recognised that the base’s legal status was under serious threat, and that an interminable sovereignty dispute risked paralysing operations.

Let me make a quick point about international law. In reflecting on the ICJ advisory opinion, the right hon. Member for Witham (Priti Patel) said that it is an international court that few have heard of. Those kinds of reckless throwaway remarks undermine the United Nations’ highest judicial organ. She mentioned that we are a permanent member of the UN Security Council. There are judges sitting in the ICJ who are elected by members of the General Assembly, and through the Security Council. Although we have had judges sitting in that international court since its inception, we have not since 2018, which is a source of much shame for the country at large. I hope that she will take back those remarks denigrating the international system of law that underpins our international work. Let us not forget, after all, that in the 1940s, the United Kingdom was the first country to submit a case for arbitration by the ICJ. [Interruption.] I ask those Opposition Members who are chuntering: where were you when those 11 rounds of negotiations took place? I know that two years is a long time in politics, but have you already forgotten—