Papers Relating to the Home Secretary

Baroness Winterton of Doncaster Excerpts

Tuesday 8th November 2022 Commons Chamber

[Richard Thomson (Gordon) (SNP)]

What a debate this is turning out to be on one side of the House. I cast my mind back to last week’s SNP Opposition day debate, and to other Opposition day debates. A single transferable speech seems to be rattling around about all the things that the Opposition could be talking about. The clue for Conservative Members is in the name. If they want to be in charge of choosing the topics for Opposition day debates, they should simply call a general election, which would be welcomed by the country.

Opposition day debates are about the things the Opposition want to talk about, which are very often the things that the Government desperately do not want to talk about. I do not blame the Government or the Paymaster General—the Paymaster General always seems to be the one sent out to defend the crease, even when the post holder changes—for not wanting to talk about the Home Secretary’s shockingly casual approach to security protocols, her apparent disregard for her officials’ legal advice or her extreme rhetoric, which is creating security risks and surely makes her completely unfit for any kind of public office.

We are often told that there are two things we should never see being made: laws and sausages. After the Paymaster General’s remarks today, we might need to add ministerial appointments to that list. It is astonishing that, six days after admitting she had broken the ministerial code and resigning, the Home Secretary was able to saunter back into her old job, off the back of her grubby deal to endorse the Prime Minister in the Conservative party’s leadership election.

It has been obvious in recent years that, whenever a Minister transgresses badly enough, even under this Government, to have to leave office, the time they have to spend in the ex-ministerial sin bin has diminished. I am not sure if that is always because standards have dropped, but the half-life of the radioactivity that results from political misdemeanours seems to have markedly reduced.

The Home Secretary’s reappointment to Government, never mind her reappointment as Home Secretary, raises some extremely serious questions, because there is not one but two emerging scandals surrounding her. Each one, in its own way, not only calls into question her competence and integrity in office but raises extremely serious questions about the judgment of the Prime Minister himself.

Members have spoken about the woeful situation at Manston and, with your indulgence, Madam Deputy Speaker, I would like to move away slightly from the discussion of the unauthorised release of information and talk about the obstinate refusal to disclose relevant information—surely that is completely the wrong way round for how Ministers should be operating. We have heard the Home Secretary’s approach to defending the way she dealt with legal advice; she did not, apparently, ignore it, but simply chose to act in a contrary and potentially unlawful fashion having read it.

What cannot be in dispute is that a facility designed to hold up to 1,600 people for no more than 24 hours at a time as a short-term processing facility became, under this Home Secretary’s watch, severely overcrowded. The result has been what the Prison Officers Association assistant general secretary Andy Baxter described as a

“humanitarian crisis on British soil”,

with people sleeping on cardboard in tents amid outbreaks of covid, diphtheria, scabies and hepatitis. David Neal the chief inspector of borders and immigration told the Home Affairs Committee that we are now past the point where we can describe Manston as being a safe facility.

All of that coincided with the Home Secretary’s first period in office. Although she denies this, numerous sources, both inside and outside Government, have stated that one major factor for that overcrowding was that the new Home Secretary was refusing to sign off on hotel accommodation—or “alternative accommodation”, call it whatever you like—that would have allowed people to move on from Manston. I tabled a named day question last week asking how many people had been rehoused in that alternative accommodation and how many such alternative places had been approved by the Home Secretary. Remarkably, the answer that came back refused to divulge that information, because, apparently, it could be obtained only at “disproportionate cost”. I do not think that disproportionate cost is something that can be measured in financial terms, but I hazard a guess that this would have come at a greatly disproportionate cost to the remaining credibility of the Home Secretary.

I go down that byway because paragraph 1(c) of the motion calls for the “minutes”, “submissions” and “communications relating to” the Home Secretary’s appointment or

“advice relating to that appointment”

to be disclosed. It would be extraordinary if the advice that we have been told was being proffered to the Home Secretary was dealt with and treated by her, through her actions, in the manner that many of us believe it was.

This debate is, of course, concerned with security rather than Manston itself, and the reason for that is simple: we know that, by her own admission, the Home Secretary sent confidential information from a secure government IT environment to her own personal Gmail account. She also sent information to another Member of this House, who was not authorised to receive it in that form. Incredibly, she also tried to send it on to the Member’s spouse’s email account and the only reason they failed to receive it was that the Home Secretary accidentally sent it to a different unauthorised recipient, a member of staff of a different parliamentarian. So there were two unauthorised recipients, one of whom it was sent to deliberately and the other of whom was an accidental recipient, every bit as unauthorised as the other intended recipient.

In her resignation letter, the Home Secretary claims to have “rapidly reported” the breach when she realised it. However, a former chairman of the Conservative party has said:

“As I understand it, the evidence was put to her and she accepted the evidence, rather than the other way round.”

In a letter to the Home Affairs Committee on 31 October, the Home Secretary wrote that she realised her error at 10 am and that by 10.2 am had emailed the staff member involved asking them to delete the document—whoop-de-doo. Despite that, the Home Secretary apparently did not think to email or contact the Chief Whip—this further contradicts her claim of rapidly reporting the breach—or, perhaps more pertinently, the permanent secretary or the Cabinet Secretary. It was nearly lunchtime when the Home Secretary said that, by coincidence, she saw the Chief Whip, who by then was already aware of what had happened. It is impossible to square the Home Secretary’s explanation of her actions and motivations with the timeline and the information that we now know. What I think is perhaps hardest to accept is the complete and utter insouciance of the Home Secretary in this matter. Indeed, if we were to take both her resignation letter and her letter to the Home Affairs Committee at face value, we could be forgiven for imagining that this was the first Home Secretary who had ever been forced to resign for doing absolutely nothing wrong.

To take the two most high profile resignations from this Government of late, there is some quite remarkable language used in the letters. The Home Secretary said that she was

“choosing to tender her resignation”,

when she should not even have been given the luxury of that choice. That is almost as good, if not better than, the line in the letter of resignation from the right hon. Member for Spelthorne (Kwasi Kwarteng). He said:

“You have asked me to stand aside as your Chancellor. I have accepted.”

My goodness, how gracious of him! Nevertheless, there are serious discrepancies in the Home Secretary’s version of events around this breach.

When it comes to that laxness in IT and informational security, we know, of course, that the Home Secretary has form. She herself has conceded that, on six separate occasions, between 15 September and 16 October, she sent documents from her UK Government email environment to her personal Gmail account. That gives rise to a much, much wider issue, which is that, as a result, the UK is now in the absurd position where the Minister responsible for national security has, by her own actions and admissions, proved that she cannot be trusted with the integrity of sensitive documents. That has very serious implications—whether Conservative Members wish to hear it or not—for what the security services can be confident in sharing with the Home Secretary and consequently, flowing from that, serious issues about the accountability that there can be of the security services to Ministers. International partners will also have taken note, and I suspect that the explanations that have been given will cut little ice. They will simply see a security risk.

If the Prime Minister wants to restore some level of confidence in national security and in the office of Home Secretary, he now needs to remove this Home Secretary from office and commit to a full investigation and to the release of all the relevant documentation to establish what exactly took place. If the Prime Minister was in the least bit serious when he talked of integrity and accountability in his Government, he needs to match those fine words with the reality of his actions: release that information and sack the Home Secretary.

As I have said, this matter raises very serious concerns about the Prime Minister’s judgment. That is why the information must be released. That is why the Government must release information also made available to the Prime Minister in deciding whether to reappoint the Home Secretary. That would allow us get to the bottom of it. It would allow us to reach an informed judgment and see whether it is justified that so many Members on the Opposition Benches take the view that the appointment of this Home Secretary was a very, very serious misjudgment indeed.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I was very pleased that the hon. Gentleman brought his speech back neatly to the motion. This is another reminder that we have in front of us quite a narrow motion. I trust that hon. Members will adjust their speeches accordingly.

[Danny Kruger (Devizes) (Con)]

I am afraid that we just have to ignore the shameless politics of this motion. It is, of course, the job of the Opposition to bring this sort of motion before the House. There may come a day—a very distant day—when we sit on the Opposition Benches and make similar attacks on the Government. If the Labour party is the Government, we will have plenty of material to work with based on its last stint in office. There will be new names to add to the illustrious roster of Hinduja, Ecclestone, Mittal and so on, and perhaps even some old names will be coming back. I have the fortune of representing the noble Lord Mandelson as a constituent. I dare say that he will be back on the Front Bench of the Labour party if it is ever back in power and he, no doubt, will be resigning two or three times during his next stint in office. Our Home Secretary has only ever had to resign once, compared with him.

We should not complain, even if it is very thin stuff that Labour Members are bringing. What is going on here? Is it the context or the subtext of this motion? Labour is not attacking the Home Secretary because she shared a policy document with a fellow Privy Counsellor and a former security Minister. The document itself contained no security information. In fact, all the information in the document was already in the public domain. There was no national security breach and no private data involved. That is not the purpose of their attack. The attack is because of her approach to immigration, and I suggest that that is not a subject for this sort of political knockabout, because the topic matters to us all. Despite the knockabout, I think both sides have a legitimate concern and legitimate points to make in this debate, and deep down we all want the same thing.

It is easy to caricature one another’s positions: the Opposition say we are heartless; we say they are naive. They say we are against refugees altogether; we say they want open borders—I said that last week, and it is true of some of them, but let me be fair to the majority of our opponents and try to represent their view fairly. They want us to play our part as a country—a leading part, given our history—in the management of the great people movements of the world. They want our attitude as a country to those people huddled in boats in the English channel to be one of compassion. They want our responsibility—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Gentleman is straying—

[Danny Kruger]

I am straying, Madam Deputy Speaker—

[Madam Deputy Speaker]

Order. The hon. Gentleman needs to sit down when I am standing. Thank you. He is straying away from the terms of the motion, and he should be quite careful what he says about other Members of the House.

[Danny Kruger]

That is a fair point, Madam Deputy Speaker, and I thank you for that guidance. I do not have much more to say, then, because the topic of the debate should have been the question of how we manage migration—that is the real purpose of the Opposition’s attacks on the Home Secretary.

It is right that we on the Government side represent citizens who believe strongly in the importance of protecting our borders against illegal migration. It is preposterous that the Opposition think the Government should reveal legal advice. They cannot attack the Home Secretary for her plans on migration, because those plans are popular and right, so they attack her. I wish they would recognise that we all want a humane asylum system and secure borders; they could even work with us to secure that.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

This debate has as its core the issue of standards and integrity in our politics. When he was appointed as Prime Minister, the right hon. Member for Richmond (Yorks) (Rishi Sunak) proclaimed that he would bring integrity back to Government. He certainly had a front-row seat to its disappearance, seeing that he served faithfully next to a previous Prime Minister with form on the issue. Yet one of his first acts as Prime Minister was to bring back a Home Secretary who just six days before had quit for not one, but two breaches of the ministerial code. They were not accidental breaches or a one-off mistake where an official forgot to tick a box; they were clear breaches of the ministerial rules.

The issue of standards relates not just to emails and the use of personal IT, but to the ethics of how the Home Office works as a Department. Like all of us, Ministers are public servants. We all sign up to the seven Nolan principles of public life: integrity, openness, selflessness, objectivity, accountability, honesty and leadership. Ministers also have a duty to this country on public safety, national security and human rights and a duty to the taxpayer. Have we seen that from the current Home Secretary? No—and that is what this debate is about.

I want to focus on the record and decisions of the Home Secretary and the Home Office in relation to their approach to the crisis in the UK response to asylum seekers. For instance, last week the Home Secretary played to the anti-immigration gallery by implying that asylum seekers had to be stopped from wandering our streets—hence the Government’s policy on Manston—yet her Department was responsible for two groups of destitute asylum seekers being found wandering the streets around Victoria and having to be picked up by a small charity to ensure that they had warm clothes, warm shoes and food.

I also remind the Conservative party that asylum seekers are seeking refuge. They are fleeing—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I am afraid the hon. Lady is also going a little wider than the terms of the motion. If she could bring herself back to the motion, that would be very helpful to everybody.

[Ruth Cadbury]

I appreciate that, Madam Deputy Speaker, but I hope you will let me continue, because I will bring my speech back to the point about standards in public life, which is where I started and what I think this motion is fundamentally about.

Just to give some background, if you will indulge me, Madam Deputy Speaker, in Hounslow there are currently almost 3,000 asylum seekers in nine hotels, and more than 500 in dispersal accommodation, which are mainly rundown houses in multiple occupation with shared kitchens and bathrooms. There are 140 unaccompanied asylum-seeking children. The challenge locally is not asylum seekers roaming the streets causing problems for the community, because by definition asylum seekers want to play by the rules because they want to be given asylum. They do not want to cause trouble, and they are not going to cause trouble. The problem is the challenge for our public services in making sure that these vulnerable people have the right to education and social services to ensure that they are safe and comfortable while they are waiting in the ever-lengthening queue to get their status. The Home Office—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Lady absolutely must come back to the terms of the motion, because she is roaming much wider, and I have pulled up other Members for that. She must come back to the motion itself.

[Ruth Cadbury]

The Home Office has contracts with organisations such as Clearsprings Ready Homes, which then has contracts with a network of other agencies that are providing a terrible service. One person who works with these services said that asylum seekers receive food not fit for a dog and accommodation not fit for animals.

The hotels—I am coming to my point, Madam Deputy Speaker—receive £40 a room, yet the agencies are receiving Home Office money and taxpayer money at £130 a room, and they are pocketing the difference. The agencies are getting £15 a meal, yet the caterers are receiving £5.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I am sorry, but the hon. Lady is not talking about security, as set out in the motion. If the hon. Lady can tell the House how what she is saying relates to these issues of the release of papers, that would be very helpful.

--- Later in debate ---

[Lee Anderson (Ashfield) (Con)]

We all know in this House that it is not appropriate for the Government to publish information relating to confidential advice, so why are we here today, again wasting parliamentary time when we could be talking about real issues? I am just looking at the Labour Benches opposite, and seven Labour MPs have turned up for this debate that they asked for. They cannot even be bothered to turn up to a debate.

Why are we actually here? It is nothing to do with security. It is nothing to do with standards. It is nothing to do with wanting to do the right thing. This is a bullying campaign to get rid of the Home Secretary. That is all it is—it is a relentless bullying campaign to get rid of our brilliant Home Secretary. I can tell you now, she is going nowhere. In the real world where I live and where I represent, I have not had one single email. If you are talking about releasing documents, how about you lot over there—[Interruption.] Sorry, Madam Deputy Speaker. How about Opposition Members releasing their emails to show how many emails they have actually had on this subject? I suspect it is not very many at all. They do not live in the real world.

Like I say, it is a relentless horrible bullying campaign to get rid of the Home Secretary. The Home Secretary needs to have the backing of this place. She needs the backing of Parliament. She needs the backing of the whole country. She needs people to get behind her so that we can sort out the migrant problem, crime on the streets and these silly protests that we have outside, but that will not happen unless the Opposition get behind her and unless we all get behind her. They are just playing politics—that is all they are doing. I used the word “bullying”. That is all they are—a bunch of bullies. I have been bullied before by the Labour party. I was bullied out of the Labour party, but thanks to them, I am stood here now, sticking up for my residents in Ashfield and Eastwood.

The British people get it; they understand. Like I said, I have not had one single email on this subject. Why are we here today, wasting taxpayers’ money, when we could be talking about the boat crossings, crime on the streets or saving lives? We could be talking about the important stuff. You can sit there with glazed expressions on your faces again like you normally do, looking at me as though I have just landed from a different planet.

[Madam Deputy Speaker (Dame Rosie Winterton)]

No, I am not looking at all glazed. Please follow proper parliamentary procedure.

--- Later in debate ---

[Robin Millar (Aberconwy) (Con)]

It is a privilege to follow the hon. Member for Hammersmith (Andy Slaughter). I congratulate him and my hon. Friend the Member for Clwyd South (Simon Baynes), who is not in his place, on sticking closely to the script and looking at the issue of papers in some detail. This is indeed a narrow debate, and I commend my hon. Friend the Member for Devizes (Danny Kruger), whose comment about it being a thin debate made me think of thin gruel. I must, though, commend my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) for managing to work the word “louche” into the debate. He has a skill that I can only aspire to.

This is a serious issue, though, so with your indulgence, Madam Deputy Speaker, I will set out some of the context. I would first point with pride to the UK’s history of aiding those in genuine distress. In the last two years, we have opened our doors to an unprecedented 350,000 people fleeing conflict around the world, in Ukraine and in Afghanistan, or persecution in Hong Kong. It is the disposition of the people of these islands to be welcoming. It is also their expectation that laws be upheld and the character of our country preserved.

It is the work of Government to balance these desires, but this is an Opposition day debate, and regrettably they have turned instead to the study of the smallest part. That is not necessarily a bad thing. Indeed, lessons are there to be learned, and I am grateful for their concern for the speck in our eye, but it is the responsibility of Government to keep sight of the big picture and real-world context, so let me briefly set this debate in the real-world context of what is happening in communities up and down the country.

Last Sunday evening, I received a wave of concerned messages and phone calls from constituents of mine living in the community of Dolgarrog, and they were not about papers. I must explain that Dolgarrog is a rural Snowdonia village of around 400 residents. It is a tight-knit, deeply hospitable and Welsh-speaking community. It has its own rich history, woven with aspiration and with tragedy, and it has been my privilege to get to know this during my time as MP. By way of setting this in context, residents there address each other by name and children walk to their school. It came as a shock to them, and this is the reason for the calls to me on Sunday evening, when they discovered that the local hotel had been procured as overflow accommodation for asylum seekers. Overnight, the community found that its population had increased—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I fear that although the hon. Gentleman keeps saying he is setting this in context, he seems to be taking it to a whole different area from what is in the motion, frankly. So could he return very quickly to the motion? I think we have got the gist of what he is saying about what happened the other night, and it is quite important that he addresses the motion.

[Robin Millar]

Madam Deputy Speaker, I am grateful for your guidance and your indulgence.

When I spoke to residents last night, they did not vest their complaints in questions about papers. They did not hold ideological positions, they did not speak with hatred in their hearts and they did not question the process of ministerial appointments. They did not even question the individual appointments themselves, and they did not ask to see any classified papers. They did not concern themselves with petty party political point scoring. Instead, the overwhelming sentiments and questions were: “How long will this last, should we walk our children to school, can I walk my dog, are my windows and doors secure, and will my son get his job back?” There was no mention of papers. These are the concerns of a community whose future hinges on debates and decisions here in this House, and any of us in the same position would feel the same way.

However, the Opposition have sought to detain the Home Secretary. They want to waste finite time and resources for the sake of pursuing political point scoring. They want to look at papers. They want to remove the speck in our eye, but they have forgotten the beam in their own. Labour has, after all, no plan to reduce the number of dangerous small boat crossings in the channel, and it voted against our Nationality and Borders Act 2022, siding with people smuggling networks and blocking the removal of those with no rights to be in the UK. While serving as shadow Immigration Minister, the Leader of the Opposition said he wanted any migrant who said they were scared to return home to stay in the UK—

[Madam Deputy Speaker]

Order. The hon. Gentleman is whizzing off again in a completely different direction. I really think he needs to come back to the motion in front of us.

[Robin Millar]

Thank you, Madam Deputy Speaker. If I may, I am simply drawing attention to the things the Opposition could have chosen to discuss in the House, but did not choose. They have chosen instead to discuss papers.

It is clear that Labour Members are detached from the priorities of residents in their homes and of this country at large. They fail to understand both the magnitude of the crisis and the moral duty towards the estimated 80 million people on the move around the globe. Instead, they wish to talk about papers. It is imperative that the Home Secretary receives the support of this House in the execution of her duties, so I end my speech with a plea that Labour Members take a step back from party politics, debate serious matters and work with us to deliver the protections this country and communities such as Dolgarrog demand.

--- Later in debate ---

[Mark Eastwood (Dewsbury) (Con)]

This is quite a narrow motion, and I will try not to veer away from the subject at hand, but I need to address some points that have been made. My hon. Friends the Members for Guildford (Angela Richardson), for Ipswich (Tom Hunt) and for Aberconwy (Robin Millar) talked about the amount of correspondence they have received regarding papers. Along with my hon. Friends on the Government Benches, I have not received a single email on papers, the Home Secretary or the behaviour of the Home Secretary. What I have received is hundreds of emails from people who are really concerned about the small boats issue. That is really getting under the skin of my constituents. Not only that: they want to see more police on the street. That is what they are writing to me about, not papers and the hearsay of Opposition Members.

The contributions to the debate from Government Members will be quite short, because ultimately the papers that Opposition Members are referring to are confidential and therefore, based on legal advice, we cannot publish them. So we will keep the debate narrow, but what I find astonishing is that the Opposition talk about national security when we have the hon. Member for Brent North (Barry Gardiner) on the Opposition Benches. We can talk about Chinese money—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Did the hon. Member notify the hon. Member for Brent North that he would refer to him?

[Mark Eastwood]

No.

[Madam Deputy Speaker]

In that case, he will not refer to him.

[Mark Eastwood]

Thank you, Madam Deputy Speaker.

Ultimately, it is not appropriate for the Government to publish information relating to confidential advice. Despite what the Opposition say, the documents in question did not contain any information relating to national security, the intelligence agencies, cyber-security or law enforcement. In the Home Secretary’s letter to the Chair of the Home Affairs Committee, she clarified:

“The draft WMS did not contain any information relating to national security, the intelligence agencies, cyber security or law enforcement. It did not contain details of any particular case work.”

The data in question was already in the public domain.

[Mark Eastwood]

As I said, my constituents are just concerned about the subject at hand, which is illegal immigration and the small boats and dinghies coming over. So no, I do not think that that is correct.

In the Home Secretary’s letter to the Chair of the Home Affairs Committee, she clarified:

“It did not contain any market-sensitive data as all the data contained in the document was already in the public domain.”

That concludes my speech.

[Madam Deputy Speaker]

I call the shadow Minister.