List of Ministers’ Interests and Ministerial Code

Wendy Chamberlain Excerpts

Monday 24th April 2023 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

(Urgent Question): To ask the Prime Minister if he will make a statement on the register of ministerial interests and the ministerial code.

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

I am pleased to confirm that the latest list of Ministers’ interests was published last week on 19 April by the Prime Minister’s independent adviser on Ministers’ interests, Sir Laurie Magnus. The list has been deposited in the Library of the House and is also available online on gov.uk.

I note that the hon. Lady’s question talks of a register of ministerial interests. I am afraid that I must point out, for the sake of clarity, that that is not an accurate term. It is important that I provide a little explanation about the list, what it contains and the role it performs. The ministerial code makes it clear that

“Ministers must ensure that no conflict arises, or could reasonably be perceived to arise, between their public duties and their private interests, financial or otherwise.”

It is their personal responsibility

“to decide whether and what action is needed to avoid a conflict or the perception of a conflict, taking account of advice received from their Permanent Secretary and the Independent Adviser on Ministers’ interests.”

On appointment, each Minister makes a declaration of all interests. They remain under an obligation to keep that declaration up to date throughout their time in office. Ministers are encouraged to make the fullest possible disclosure relating to themselves, their spouses and partners, and close family members, even where matters may not necessarily be relevant. The information supplied is then reviewed and advised upon by their permanent secretary and also by the independent adviser. Where needed, steps are taken to avoid or mitigate any potential conflicts of interest. That is the process by which Ministers’ interests are managed. It is thorough and ongoing, and it provides individual advice to all Ministers that reflects their circumstances and responsibilities.

Twice a year, a list is published, covering those interests that are judged by the independent adviser to be relevant to each Minister’s portfolio. The list is not a register. It is designed to be read alongside the Register of Members’ Financial Interests, which is maintained by this House, and the register of Members’ interests that operates in the other place. For that reason, the list does not generally duplicate the information that is available in the registers.

The independent adviser, Sir Laurie Magnus, makes it clear in his introduction to the list published last week that it would not be appropriate for all the information gathered as part of the ministerial interests process to be made public. He states that such a move would

“represent an excessive degree of intrusion into the private affairs of ministers that would be unreasonable, particularly in respect of”

hon. Members’ families. I am sure hon. Members will understand that the system is designed to gather the fullest amount of information, provided in confidence, so that the most effective advice can be given.

All Ministers of the Crown uphold the system that I have described. That is true for all Ministers, from the Prime Minister, who has been clear that all his interests have been declared in the usual way, all the way down to, and including, an assistant Whip. In the latest list, the independent adviser highlights the importance of Ministers and their permanent secretaries remaining alert in the context of their respective portfolios if Ministers’ interests change. That is, of course, right. Importantly, though, Sir Laurie Magnus provides his opinion as independent adviser on Ministers’ interests that

“any actual, potential and perceived conflicts have been, or are in the process of being, resolved”.

[Wendy Chamberlain]

When he was appointed, the Prime Minister promised that he would govern with integrity. He went inside No. 10 and his first act was to appoint Ministers. Of that cohort, three have now departed in controversy, including two in relation to allegations of bullying.

One thing the Prime Minister did not do at that time was publish an updated list of ministerial interests. It was finally released last week, 320 days after the last publication. That list does not include the interests of Ministers from the past year who have either been dismissed or resigned, such as the right hon. Member for Stratford-on-Avon (Nadhim Zahawi). That means that, on my count, there are almost 120 missing registrations from that period. Nor is there any setting out of what is referred to by the ethics adviser in his introduction to the list as

“actual, potential and perceived conflicts”

that are

“in the process of being…resolved”.

I hope the Minister can give more clarity on that situation.

Will the Minister accept the ethics adviser’s statement that a Minister’s interests are only clear when reading the ministerial list and the MPs’ register together? That is difficult to do, with one being published monthly and the other twice a year, or—as we have found—much less frequently. Members rightly disclose their interests regularly, because transparency is essential. The Leader of the House promised swift action to strengthen the system and agreed to consider more regular reporting. The publication last week suggests that she has failed in that effort to provide more transparency, so will the Government end this undemocratic two-tier system and bring publication forward to every 28 days, and will they publish the missing interests of former Ministers? It is absurd to think that had the former Deputy Prime Minister, the right hon. Member for Esher and Walton (Dominic Raab), resigned just three days earlier, we would never have been told what his interests were during his time as Justice Secretary.

Registration of ministerial interests is a key principle of the ministerial code; so, too, are behavioural standards. Last week, the former Deputy Prime Minister was found to have bullied civil servants in line with the definition under the code. According to the independent report, he acted in a way that was “intimidating” and

“involved an abuse or misuse of power in a way that undermines or humiliates”,

but Ministers have remained silent. Will the Government therefore publish any advice the Prime Minister was given on conduct before appointing the former Deputy Prime Minister? Is it the view of the Government that the former Deputy Prime Minister did breach the ministerial code? Will the Minister affirm that there is a duty on Ministers under the code to uphold the impartiality of the civil service, and will he accordingly affirm that impartiality today? Finally, does he acknowledge that the Government’s silence is deeply damaging and demoralising for hard-working officials?

[Alex Burghart]

I thank the hon. Lady for her question. She will be aware that Sir Laurie Magnus, who took up his post in December, has said that he will return to the regular cycle of publications. This list is his—he has oversight of it. It would be wrong if the Government were to interfere in that process, and we will obviously continue to engage fully with him to make sure that the list is up to date and reflects the ongoing interests of Ministers, so that the system can operate effectively.

On the point that the hon. Lady makes about the former Deputy Prime Minister, she will know from listening to previous statements and debates in this House that no formal allegations were made against my right hon. Friend the Member for Esher and Walton (Dominic Raab) before the Prime Minister appointed him. The moment those formal allegations were made, the Prime Minister and the Deputy Prime Minister agreed that there should be an independent investigation. Adam Tolley KC conducted his investigation, and the Deputy Prime Minister then resigned.

On the hon. Lady’s point about civil service impartiality, of course we accept and respect civil service impartiality. It is one of the things that makes government work so effectively in this country.