House of Lords Reform

Alex Burghart Excerpts

Tuesday 10th January 2023 Westminster Hall

[Patrick Grady]

That is the point; the pattern continues. We keep talking about but never actually implementing any meaningful or wholesale reform. The report does at least recognise that we cannot tackle one part of the system without tackling all of it. For all the fuss and media fanfare, it will just sit on the shelf and gather dust, as my hon. Friend suggests. Reform of the Lords and of the wider constitution becomes a second-order or a second-term issue, and the Executive can get on quietly putting to use the accumulated powers that they enjoy under the status quo.

That probably helps to explain, at least in part, the current Government’s position. They have said in various contexts that reform of the Lords is “not a priority”, despite the Conservative manifesto saying that the role of the House of Lords should be “looked at”. But now, even the modest suggestion of a cap on numbers, endorsed, as I have said, by the House of Lords itself, is too radical. The Minister who is in his place told me on 8 December at Cabinet Office questions:

“The Government do not have a view on the upper limit of the House of Lords.”—[Official Report, 8 December 2022; Vol. 724, c. 510.]

So there we go. It is quite remarkable—to infinity and beyond, the House of Lords filled with Tory donors, cronies and time servers. I have maybe saved the Minister his entire summing-up because the position appears to be that constitutional perfection in the UK has been achieved, and nothing needs to change again. Indeed, his colleague, the leader of the Scottish Conservatives, seems to have said that he does not believe there should be any further devolution of power to the Scottish Parliament, either—now or in the future. Fortunately, it is not up to them to decide.

Those of us who support independence for Scotland are often accused of obsessing about the constitution. We are told that we should focus on the priorities of our constituents—the cost of living crisis, improving public services. I agree—

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

Now you are doing my summing-up speech.

[Patrick Grady]

The Minister might be interested to hear this, then. I certainly do agree that those are the key priorities for people, families, businesses and communities in Glasgow North and beyond, but to really address those priorities, we need to address the fundamental systems underneath. One way of putting it would be to say:

“While many of our immediate economic problems can be fixed by pursuing better policies, by stopping the race to the bottom in our economy, Britain needs change that runs much deeper—giving the people of Britain more power and control over our lives and the decisions that matter to us. Changing not just who governs us, but how we are governed, will address a system of government that the British people perceive is broken.”

Those are not my words. Those are the words of Gordon Brown in the introduction to his report on the UK’s future. They make the case that constitutional change is needed if we are to drive radical, social and economic change. The difficulty for the Labour party, as my hon. Friend the Member for Glasgow East (David Linden) has said, is that it has been promising that for 113 years, and for 13 of those years, starting in 1997, it had a chance to change it.

At the end of those 13 years, there was a certain amount of devolution across the UK, but there was still a first-past-the-post system that stoked division rather than built consensus, and a system that allowed an individual Prime Minister to appoint whoever they wanted to a seat in Parliament—and there were 92 legislators who still had a seat in Parliament because of who their parents were.

--- Later in debate ---

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

It is a pleasure to speak under your chairmanship today, Sir Gary.

I join others in congratulating the hon. Member for Glasgow North (Patrick Grady) on securing this very interesting debate. I often think that we do not spend enough time in the Commons debating our constitution in the broadest sense, although I know that the hon. Gentleman is more interested in the constitution in a narrower sense. If a party is a single-issue party, it is important for it to adhere to that single issue; otherwise, what is it? Nevertheless, it is genuinely interesting to hear what the SNP thinks about the House of Lords because, notwithstanding the fact that the party has a shadow Minister for the House of Lords, as I discovered today, we do not often hear its views on such broader constitutional issues.

That said, it is atheists musing on the divine, in that, like some sort of mystic panda, the SNP intends, as my hon. Friend the Member for Totnes (Anthony Mangnall) put it in his truly excellent speech, to “eat, shoot and leave”. Were SNP Members proposing long-standing major constitutional reform with the intention of living in that new constitutional structure, I would probably have slightly more time for their arguments, but alas it is not to be. We heard today a range of complaints and grievances about the House of Lords without any alternative proposal other than that there should be an independent Scotland. The SNP is entitled to hold that view, just as it is entitled not to engage with the House of Lords by having SNP Members of it.

I cannot help but think that after the 2014 referendum which, as the SNP acknowledged at the time, was a vote for a generation, it was somewhat churlish of the SNP not to join the current House of Lords, even if it disagreed with the structure and wished to see it reformed. That would have been a way of representing Scottish views in the United Kingdom, which people in that country voted to remain part of. Because the Union continues, I am proud to say, I encourage the SNP to rethink its position of—I was about to say “abstinence”, but that is the wrong word entirely—abstaining, or staying out of, the House of Lords.

Much as I disagree with the SNP’s views, I think that the Lords Chamber would be richer for the presence of SNP Members. I would like to see more people from more parts of the United Kingdom represented there. Would that it were not so, but a lot of people vote for the SNP, and it would be good if there were SNP expertise in the House of Lords to seek to influence legislation that would have a bearing on people in Scotland. But that is a decision for the SNP. I did not come into the House of Commons to give advice to the SNP.

My own experience of the House of Lords is rather different from that of the hon. Member for Glasgow North, who is grudgingly prepared to acknowledge that maybe one or two Lords have some expertise and something to say. As a Back Bencher and as a Minister, I have attended a large number of debates in the Lords, and I am always struck by how well informed they are and their courteous nature. It is acknowledged that people on the other side of the argument are worthy of respect, even if one disagrees with their views. I have also been struck by the fact that in that forum there is a great deal of highly positive soft diplomacy on legislation. As a Minister I have seen that. You hear and absorb the views of learned folk in the upper House and you start to wonder how and whether they should be reflected in policy.

When I was first elected to the Commons, I had a conversation with—I hope he does not mind my mentioning his name—Lord Young of Cookham. I asked how he was getting on as a Minister in the Lords and he said, “Well, it is a bit of a change from being a Minister in the Commons. In the Commons you get your briefing pack from your officials, you stand up and you can feel fairly confident that you’re on firm ground. When you stand up at the Dispatch Box in the Lords, five former Secretaries of State, three former heads of the civil service and a whole bunch of expertise from the wider world are all waiting to hold you to account.” That is a level of scrutiny of which we should be proud and that we should think twice about before seeking to remove. This is a good-natured debate, but we cannot just chuck away the life experience and professional experience of people we all know are making a positive contribution to legislation in our country.

[Kirsty Blackman]

The Minister is making a good case for a culture change in the House of Commons. There should be more listening to experts. When we consider the Procurement Bill, will he and his colleagues listen to the words of those giving evidence? Will he listen to their expertise and consider making changes? Or will the Bill come out with no amendment that any expert has put forward other than in the House of Lords?

[Alex Burghart]

We have already listened very closely to arguments made in the Lords, and we have already started to make policy improvements based on some of their recommendations. That does not mean that the Government will agree to all of the amendments that the Lords have made. The important thing is the debate, because iron sharpens iron. We can pretend that we will get similar expertise—as the Opposition spokesperson, the hon. Member for Putney (Fleur Anderson), said—from a democratically elected second House, but that simply is not true, for the reasons that my hon. Friend the Member for Totnes made clear.

There are a great many people in the Lords with huge experience, perhaps towards the end of their careers, who will not want to stand for democratic election. They will not want to put themselves through that and on the doorstep, and I have sympathy with them. I understand. It would be terribly sad if we lost those people from our legislature and if we did not have their expertise. Also, alongside that expertise, there is space for people in our legislature who are of no party affiliation. I know that the hon. Member for Glasgow North has a passionate, political viewpoint. He is a passionate member of his political party, but not everyone in the country is; not everyone in the world is. There are a great many sensible, intelligent people who have a lot to give our democracy, but who do not wish to stand for election under the flag of a particular party. If we were to move to a system of proportional representation, they would have to. There would be no independence in the Commons or the Lords. That, too, would make our Houses poorer and, I think, weaker.

The Government accept, as I think everybody here accepts, that our constitution evolves. It has been in a constant state of evolution for centuries. We are alive to the fact that we will always need to consider changes. The hon. Member for Ellesmere Port and Neston (Justin Madders) and the Opposition spokesperson spoke in favour of radical reform. Were a future Government to undertake that radical reform, it would bring major risks with it. There would not just be the loss of expertise, but a conflict of mandates, as described by the hon. Member for Blackley and Broughton (Graham Stringer), who is no longer in his place. It is very easy to brush that aside and pretend that we will deal with it later or that it does not matter. I can guarantee that in the event that we had a fully elected upper House, it would start to use its mandate against the mandate of the Commons from day one, and voters would not know how long the mandate in one House would last over the other. We would very likely find ourselves in a constant cycle of elections, rather than being in a position where one party or a coalition of parties could be elected for a term and deliver based on their mandate. Those are all risks that we as parliamentarians must be alive to and aware of.

I have greatly enjoyed the debate today. It is important that from time to time we engage in debate on these major issues.

[Patrick Grady]

rose—

[Alex Burghart]

The hon. Member for Glasgow North is about to sum up, but I will let him intervene.

[Patrick Grady]

The Minister said the constitution evolves. As a bare minimum, do the Government agree with the findings of the Lord Speaker’s Committee on the size of the House of Lords, which said in 2017 that there should be a cap on the total number and efforts to reduce from the current number?

[Alex Burghart]

I refer the hon. Gentleman to the answer I gave him just before Christmas. If people do not turn up, they do not get paid. If people turn up and are involved, why not have their expertise? The Government depend on a majority in the Commons on an elected mandate. If there are more people in the upper Chamber who are capable of bringing decent scrutiny to bear on Government legislation, I have no problem with that. As I was saying, I think it is very good that we get to debate these issues, but it is also important that we do not come at debates such as these pretending that there is a perfect system out there—that we pretend that what we are doing here is laughable, and that, in other countries, they have got it absolutely right. What I do know is that, in this country, we have a fine set-up in which there is one House with a democratically elected mandate, and another House whose job it is to scrutinise and which can advise, refine and, if necessary, delay. It is a system that I think has served us well, and I believe can serve us well in the future. That said, the Government are aware that there is always room for evolution and improvement.

[Sir Gary Streeter (in the Chair)]

Thank you. Patrick Grady will have the final word.

Procurement Bill [Lords]

Alex Burghart Excerpts

2nd reading
Monday 9th January 2023 Commons Chamber

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

I warmly welcome the new hon. Member for City of Chester (Samantha Dixon). I could not help but notice that the Chamber filled up slightly when she was speaking—almost as though she was more popular than the subject under debate today. I genuinely enjoyed her speech; as a former history teacher, the only thing I was disappointed not to hear mentioned was a beautiful silver penny from the early 10th century, which seems to show the walls of Chester. It was issued, we think, by Alfred the Great’s daughter—another great woman who represented her city.

The Bill before us is a major and exciting piece of post-Brexit legislation. It is an opportunity for this country to take back control of its procurement regime to the advantage of our businesses, our authorities, our public services and our country. I must at the outset say some words of thanks to Lord Agnew, who was instrumental in seeing this legislation drafted in the first place, to my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg), who played a fundamental role in ensuring it was prepared for the statute books, and to Baroness Neville-Rolfe and Lord True, who took the Bill through in the other place.

Despite some of the remarks made by Opposition Members, I also thank the Opposition for their constructive stance towards this legislation. It is important that we get this right. Enormous opportunities are there to be taken from this £300 billion-worth of public procurement. We on the Government side of the House can very much see how those advantages will be made.

As I have said, the Bill will replace the current bureaucratic and process-driven EU regime for public procurement by creating a simpler and more flexible commercial system that better meets our country’s needs while remaining compliant with our international obligations.

[John Spellar]

Will the Minister give way?

[Alex Burghart]

Oh, I would be delighted to.

[John Spellar]

I know that the Minister has to talk about Brexit and all the rest of it to please those on his Back Benches, but surely the real problem is not in Brussels but in Whitehall, with Ministers who will not get a grip of Whitehall and behave like every other European country by backing our own industry.

[Alex Burghart]

If the right hon. Gentleman had witnessed the consultation that was held on the legislation, he would see that the problem very much was in Brussels. For a very long time now, authorities and businesses of all sizes in this country have been aware of the enormous limitations in the way in which EU procurement rules are set out. The Bill cuts through that.

[John Spellar]

No, it does not.

[Alex Burghart]

The right hon. Gentleman says that it does not, but the shadow spokeswoman, the right hon. Member for Ashton-under-Lyne (Angela Rayner), said at the start that it did and praised the fact that it was creating a single rulebook. This will make it easier for our authorities to procure decent services from people who will be able to provide better value for money and will be held to account better. I am very pleased that it is this Government who are bringing it forward.

Opening up public procurement to new entrants such as small businesses and social enterprises so that they can compete for public contracts is a major part of this work, as is embedding transparency throughout the commercial lifecycle so that the spending of taxpayers’ money can be properly scrutinised. The main benefits of the Bill have been reflected by hon. Members on both sides of the House, including my hon. Friend the Member for West Worcestershire (Harriett Baldwin). By delivering better value for money, supported by greater transparency and a bespoke approach to procurement, the Bill will provide greater flexibility for buyers to design their procurement process and create more opportunities to negotiate with suppliers. As my right hon. Friend the Member for North East Somerset said, that will drive better value for money.

As we slash red tape and drive innovation, more than 350 complicated and bureaucratic rules governing public spending in the EU will be removed. We are creating better and more sensible rules that will not only reduce costs for businesses in the public sector, but drive innovation. That will be at the heart of our work as we encourage authorities to publish pipelines that allow businesses of all sizes to prepare for contracts in new and interesting ways.

We will make it easier for people to do business with the public sector. The Bill will accelerate spending with small businesses. A new duty will require contracting authorities to consider SMEs, and will ensure that 30-day payment terms are made on a broader range of contracts.

We also intend to take tough action on underperforming suppliers. The Bill will put in place a new exclusions framework that will make it easier to exclude suppliers who have underperformed on other contracts. As has been mentioned a number of times, it will also create a new debarment register—accessible to all public sector organisations—that will list suppliers who must or may be excluded from contracts.

A number of hon. Members on both sides of the House have referred to the excellent work that has been done on the ProZorro service in Ukraine. I am pleased to be able to let the House know that Ukraine was on our advisory panel and has actually informed our work, and our single digital platform takes a lot from what Ukraine has done with ProZorro. The platform will enable everyone to have better access to public procurement data. Citizens will be able to scrutinise spending decisions, suppliers will be able to identify new opportunities to bid and collaborate, and buyers will be able to analyse the market and benchmark their performance against others on spending with SMEs, for example—better transparency; better for taxpayers.

[Nick Smith]

Will the Minister please tell us when his single digital platform will be ready for use by industry across our country?

[Alex Burghart]

The platform is based on a system that we already have. We are confident that we will be able to introduce it in line with bringing this Bill into force. Obviously, we have to pass the legislation and get Royal Assent, and then there will be a settling-in period. But it is going to be functional very soon.

We are also strengthening exclusion grounds. The Bill toughens the rules to combat modern slavery by allowing suppliers to be excluded when there is evidence of that, accepting that in some jurisdictions it is unlikely that a supplier would ever face conviction. My hon. Friend the Member for Totnes (Anthony Mangnall) made some important points on that score. It is absolutely right that we should be able to debar suppliers who have engaged in such dastardly crimes. It is too soon, however, to say exactly which suppliers are going to be debarred, but he has read the legislation and can see what the potential is. We will consider suppliers according to a prioritisation policy. Once on the list, suppliers will stay on it for up to five years unless they can show that they no longer pose a risk—these are the self-cleaning clauses. Any contracts awarded during an investigation can be terminated if the supplier is debarred. Safeguards are built into the grounds to stop suppliers from renaming themselves. I am happy to talk about those.

[Alicia Kearns]

I thank my hon. Friend for meeting me earlier today. It was enormously appreciated and I thank him for his time. How does he plan to overcome the risk of playing whack-a-mole—business after business being involved and MPs and others being relied on to flag them up? Will the procurement unit be proactive or will we instead focus on components and vulnerable sectors to ensure that we have the protections we need?

[Alex Burghart]

My hon. Friend raises an excellent point, which I was happy to discuss with her earlier. Obviously, the issue is under active consideration. In her speech, she also referenced debarment. I reassure her that the debarment provisions allow for proactive investigations into any supplier or subcontractor and that cases will be selected by the Minister for the Cabinet Office. Selections of cases will be governed by a robust prioritisation policy, which we will set out in due course. The debarment list will be publicly available for all contracting authorities to consult, demonstrating how transparency is at the heart of the Bill.

Value for money is a core component of what we are seeking to achieve. I assure the hon. Member for Birkenhead (Mick Whitley) that buyers will be able to give weight to bids that create jobs and opportunities for communities in the delivery of a contract, supporting and levelling up our objectives. Now that we have left the EU, central Government buyers can reserve competitions for contracts below certain thresholds for suppliers in the UK and/or SMEs and social enterprises only.

I am pushed for time, Madam Deputy Speaker, so allow me to draw my remarks to a close. This key legislation has been made possible only through our having left the European Union. It comes at a time when we have a need for a new procurement policy in this country. I say to the right hon. Member for Ashton-under-Lyne, who made a number of claims about PPE and VIP lanes, that the Bill provides strong safeguards to preserve the integrity of procurement. Equal treatment obligations require that all suppliers participating in the procurement must be treated the same. Additionally, any conflicts of interest should be identified for anyone acting for, or who has an influence on a decision made by or on behalf of, the contracting authority in relation to the procurement. If a conflict of interest puts a supplier at an unfair advantage and if steps to mitigate that cannot prevent that advantage, the supplier must be excluded. Furthermore, the direct award provisions have clear and narrow parameters for use. They include a new obligation to publish a transparency notice before making a direct award and maintain obligations to publish contract details once awarded.

This Government are absolutely committed to integrity, transparency, value for money and delivering for the British people. This Bill will make a difference to our procuring authorities, to our public services and to our taxpayers. It is good for our authorities, our taxpayers and our local communities, and it is good for our country. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

PROCUREMENT BILL [LORDS] (PROGRAMME)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Procurement Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 23 February 2023.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming Committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Andrew Stephenson.)

Question agreed to.

PROCUREMENT BILL [LORDS] (MONEY)

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Procurement Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of:

(a) any expenditure incurred under or by virtue of the Act by a person holding office under His Majesty or by a government department; and

(b) any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Andrew Stephenson.)

Question agreed to.

SUPPORTED HOUSING (REGULATORY OVERSIGHT) BILL (MONEY)

King’s recommendation signified.

Resolved,

That, for the purposes of any Act resulting from the Supported Housing (Regulatory Oversight) Bill, it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Andrew Stephenson.)

Government Transparency and Accountability

Alex Burghart Excerpts

Thursday 15th December 2022 Written Statements

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

My noble Friend the Minister of State (Baroness Neville-Rolfe) has today made the following written statement:

Since 2010, the Government have been at the forefront of opening up data to allow Parliament, the public and the media to hold public bodies to account. Such online transparency is crucial to delivering value for money, cutting waste and inefficiency, and ensuring every pound of taxpayers’ money is spent in the best possible way.

The Government will continue to look at how the range of information published by the Government can be improved and made as useful as possible to the public, press and Parliament. The following subject areas include documents and information that the Government are due to publish.

Routine transparency data on Ministers, special advisers and senior officials

Departments will today be publishing routine transparency data on Ministers’, special advisers’ and senior officials’ gifts, hospitality, travel and external meetings, for the period of July to September 2022. This data covers the returns for the Prime Minister, Government Chief Whip and Leaders of the House of Commons and the Lords, as well as the Cabinet Office.

Departments will also be publishing the business appointment rules advice summary for the same period.

List of ministerial responsibilities

The Government will today be publishing the list of ministerial responsibilities on gov.uk. Copies will also be deposited in the Libraries of both Houses. The list includes details of ministerial Departments, the Ministers within each Department, their portfolio responsibilities and private offices and the executive agencies within each Department.

Salaries of Members of His Majesty’s Government

The Government will today be updating the salaries of Members of His Majesty’s Government with information for the financial year 2022-2023 on gov.uk. This indicates the salaries to which Ministers are entitled and the actual salaries that they claim, along with supplementary information on ministerial salaries, allowances and payments on leaving office.

Cabinet Office annual report and accounts 2021-22

This annual report and accounts will also be laid before Parliament today. The publication includes the Cabinet Office’s audited financial statements for the year ended 31 March 2022 and a review of performance and governance arrangements. The annual report will be published on gov.uk.

Cabinet Office accounting officer system statement 2022

This publication is a single statement setting out all of the accountability relationships and processes within the Department. This update takes into account change since the previous version was published in 2020.1 have requested that a copy of the accounting officer system statement be deposited in the Libraries of both Houses. The publication will also be published on gov.uk.

Cabinet Office: Spend control data for July to September2022

Along with all Government Departments, in 2010 the Cabinet Office committed to publish quarterly data on its planned spending that has been subject to the Cabinet Office spend controls. The spend controls covered are digital and technology, commercial, property, advertising, marketing and communications, and contingent labour (as for equivalent figures published by other Departments). For the quarter covered, 12 separate items of the Cabinet Office’s own spending (with a total value of £734 million) were approved under the cross-Government Cabinet Office spending control.

Monthly workforce management information (September and October2022)

As standard, the Government are today publishing our monthly breakdown of workforce headcount and pay costs. This is a routine publication and will be published on gov.uk.

Public procurement review service—progress report 2021-22

The Government will today publish their annual progress report, detailing trends in issues raised to the public procurement review service. In this publication, we look to consider such trends and make recommendations on how to improve the service moving forwards. The report will be published, as usual, on gov.uk.

[HCWS449]

Cabinet Office

Alex Burghart Excerpts

Monday 12th December 2022 Ministerial Corrections

The following are extracts from the answer given to the urgent question on the appointment of an independent adviser on ministerial interests on 30 November 2022.

[Alex Burghart]

The right hon. Lady refers to rumours in the press, but let us look at the facts. The Prime Minister has been in office for 31 days.

[Official Report, 30 November 2022, Vol. 723, c. 904.]

Letter of correction from the Parliamentary Secretary, Cabinet Office, the hon. Member for Brentwood and Ongar (Alex Burghart):

An error has been identified in my response to the right hon. Member for Ashton-under-Lyne (Angela Rayner).

The correct response should have been:

[Alex Burghart]

The right hon. Lady refers to rumours in the press, but let us look at the facts. The Prime Minister has been in office for 36 days.

[Alex Burghart]

As I have said, there is a process ongoing to appoint an independent adviser as fast as possible. The Prime Minister has been in post for 31 days, and there is standing advice on the use of WhatsApp and private messaging.

[Official Report, 30 November 2022, Vol. 723, c. 905.]

Letter of correction from the Parliamentary Secretary, Cabinet Office, the hon. Member for Brentwood and Ongar (Alex Burghart):

An error has been identified in my response to the right hon. Member for North Durham (Mr Jones).

The correct response should have been:

[Alex Burghart]

As I have said, there is a process ongoing to appoint an independent adviser as fast as possible. The Prime Minister has been in post for 36 days, and there is standing advice on the use of WhatsApp and private messaging.

[Alex Burghart]

The hon. Lady will have heard me point out that the Prime Minister, who has said he will appoint an independent adviser, has only been in post for 31 days and that a process is going on at speed. In answer to her other question, it is very much the view of this Government that it is the Prime Minister who appoints the independent adviser to give advice to the Prime Minister, who answers ultimately to Parliament.

[Official Report, 30 November 2022, Vol. 723, c. 905.]

Letter of correction from the Parliamentary Secretary, Cabinet Office, the hon. Member for Brentwood and Ongar (Alex Burghart):

An error has been identified in my response to the hon. Member for Edinburgh West (Christine Jardine).

The correct response should have been:

[Alex Burghart]

The hon. Lady will have heard me point out that the Prime Minister, who has said he will appoint an independent adviser, has only been in post for 36 days and that a process is going on at speed. In answer to her other question, it is very much the view of this Government that it is the Prime Minister who appoints the independent adviser to give advice to the Prime Minister, who answers ultimately to Parliament.

Draft Public Contracts (Amendment) Regulations 2022

Alex Burghart Excerpts

Monday 12th December 2022 General Committees

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

I beg to move,

That the Committee has considered the draft Public Contracts (Amendment) Regulations 2022.

It is a pleasure to serve under your chairmanship, Mr Pritchard.

This statutory instrument has two functions. First, it amends domestic public procurement regulations to ensure that changes in calculation of VAT in the valuation of contracts do not place undue burdens on contracting authorities. Secondly, it ensures that NHS trusts and NHS foundation trusts are treated consistently for the purpose of applying certain obligations that promote transparency. This SI will only implement changes to the lower-value thresholds in the Public Contract Regulations 2015 and, therefore, only impact on the regulation of lower-value contracts. The amendments are necessary in order to address the impact of the new requirement to include VAT in the assessment of contract value. The change to how VAT is considered in estimating the value of a contract was a result of the UK joining the agreement on Government procurement, or GPA, as an independent member following EU exit.

Although the other thresholds increased as a result of applying GPA methodology to account for currency fluctuations in the last two years, the lower thresholds were not. In effect, that resulted in a reduction to those thresholds. This had the effect of bringing more contracts into scope for publication under the below threshold regime, causing additional burden on contracting authorities. This instrument will rectify this discrepancy by raising the lower threshold for central Government authorities from £10,000 to £12,000. For sub-central authorities, it will be raised from £25,000 to £30,000. This will ensure that the thresholds effectively remain the same once contract values are calculated, inclusive of VAT, thus avoiding bringing additional low-value contracts within the scope of the below threshold regime.

Turning to the second function, this instrument also provides that NHS foundation trusts are to be treated consistently with NHS trusts and be regarded as sub-central authorities. It seemed inappropriate to the Government that NHS foundation trusts should be held to central Government thresholds for publication when NHS trusts are not. These regulations will rectify this by applying the same threshold to NHS foundation trusts as the one currently observed by NHS trusts.

--- Later in debate ---

[Alex Burghart]

I thank the hon. Lady for her brief remarks. The difference in the increase is obviously because both have increased in line with VAT, which is 20%. With that, I hope the Committee will join me in supporting this SI.

Question put and agreed to.

Oral Answers to Questions

Alex Burghart Excerpts

Thursday 8th December 2022 Commons Chamber

[Sir John Whittingdale (Maldon) (Con)]

5. What recent assessment he has made of the effectiveness of Government information campaigns in local media.

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

The Government monitor the effectiveness of our communication campaigns. We recognise the enormous trust that the public have in local media and the important role that local media therefore play in spreading our messages. As just one example, a recent press partnership on access to NHS services used local media to inform the public about where to seek medical advice. Some 67% of readers said that they trusted the articles, highlighting local print’s importance to communities.

[Sir John Whittingdale]

My hon. Friend is absolutely right about the power of local media in getting vital health messages across, but will he look at ensuring that, as well as local print media, local online-only publishers such as Nub News are included in future campaigns?

[Alex Burghart]

I completely agree with my right hon. Friend, who knows a great deal about the subject. “All in, all together” harnessed the power of local media and was particularly effective in reaching specific audiences to spread vital information. As he will appreciate, sometimes we want a more targeted approach to get better cost-effectiveness. I should also say that we use OmniGOV, and any local outlet—online or otherwise—that wishes to be on the list can apply by contacting OmniGOV directly.

[Michael Fabricant (Lichfield) (Con)]

6. Whether he is taking steps to increase the number of senior civil servants recruited from the private sector.

--- Later in debate ---

[Sir Desmond Swayne (New Forest West) (Con)]

10. What steps his Department is taking to reduce the running costs of the Government estate.

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

Since 2010 the size of the central general purpose estate has been reduced by 30%, which has cut annual running costs by £1.6 billion. The “Government Property Strategy 2022-2030”, published in August, commits us to making further estate operating cost savings of £500 million by 2025 by relocating London roles, co-locating in multi-agency hubs, and selling surplus property.

[Sir Desmond Swayne]

The German Government have limited temperatures in public buildings to 19°C. Double that and add 30, and it is a balmy 68° in English money. We could put on an extra layer and do a lot better, couldn’t we?

[Alex Burghart]

I feel that my right hon. Friend could survive in sub-19°C temperatures without an extra layer, but, as he will know, the Health and Safety Executive issues advice on temperatures in workplaces. Regulations suggest that the minimum temperature for indoor working should be at least 16°C, or 13° where rigorous physical effort is required. We have the flexibility to take that action, should we wish to do so.

[Jim Shannon (Strangford) (DUP)]

Could use be made of empty Government properties? Given that bitterly cold weather is hitting the UK with a vengeance this week, have the Minister and the Cabinet Office considered making properties in city centres available to provide warm and dry places for those who are struggling with homelessness?

[Alex Burghart]

As ever, the hon. Gentleman has raised an important issue, and if he has any specific buildings in mind, I shall be happy to meet him to discuss it.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

11. What recent assessment he has made of the effectiveness of the GREAT Britain and Northern Ireland Campaign in encouraging investment in the UK.

--- Later in debate ---

[Rachael Maskell (York Central) (Lab/Co-op)]

12. What progress his Department has made on establishing Government hubs outside London.

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

I am delighted to confirm that good progress is being made on the Government hubs programme. Phase 1 has been completed by His Majesty’s Revenue and Customs, delivering 14 hubs across the UK, including two in Scotland and one each in Wales and Northern Ireland. Phase 2, led by the Government Property Agency, opened one hub last year in Birmingham, and further hubs are currently being delivered outside London in locations such as Bristol, Stoke and Peterborough.

[Rachael Maskell]

York has long been promised a Government hub—indeed, it was once promised the House of Lords, as the Minister might remember—but we have not yet seen the Government’s proposals. The hub’s nature and size seem to keep changing. Will he meet me to talk about the Government’s proposal and to ensure it can be co-produced so that it not only benefits the civil service but benefits York?

[Alex Burghart]

I am very happy to meet the hon. Lady to discuss that. The Cabinet Office is committed to growth in York, and Cabinet Office jobs, including in United Kingdom Security Vetting, are likely to move to a new hub in York in 2027. We are actively considering options on the location, and we will update the House in due course.

[Alex Cunningham (Stockton North) (Lab)]

13. What steps he is taking with Cabinet colleagues to ensure value for money in public spending.

--- Later in debate ---

[Richard Burgon (Leeds East) (Lab)]

15. What progress the Government have made on enshrining in law the public good, value for money, transparency, integrity, fair treatment of suppliers and non-discrimination as principles of public procurement.

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

The Procurement Bill, which will be debated on Third Reading in the other place on 13 December, enacts the principles set out in the “Transforming public procurement” Green Paper. Through the combination of objectives set out in clause 12 and specific rules, we will provide clarity to contracting authorities and suppliers about how they should implement the principles.

[Richard Burgon]

I thank the Minister for his answer. Billions of pounds in covid contracts were handed to those with links to top Tories through the so-called VIP lanes, and much of it was for equipment that was simply unusable, yet the Government’s new Procurement Bill is so full of loopholes that all this could happen again. To help clamp down on this, will the Minister now back putting a new clawback clause in the Bill, so that in future we can get the money back from those who rip off the public?

[Alex Burghart]

I very much look forward to debating that Bill when it comes to this place, including with the hon. Gentleman. I remind the House that the Bill gives this country the opportunity to rewrite procurement in this country, which we could not have done while we were in the European Union, making it more advantageous to our public services and our businesses, and better for the public.

[Mr Speaker]

I call the shadow Minister.

[Fleur Anderson (Putney) (Lab)]

We have seen in eye-watering detail this week the price the taxpayer pays when the Government lose control of procurement during a crisis and panic: billions spent on unusable personal protective equipment written off; millions spent on storing that PPE; and millions pocketed by greedy shell companies that failed to deliver. The Government have a responsibility to uphold basic standards and, especially in an emergency, to restore normal controls as soon as possible, so can the Minister explain why the Procurement Bill hands Ministers more power over direct awards than ever before?

[Alex Burghart]

The Bill sets out a new paradigm for public services to procure in this country. It will move us away from “most economically advantageous” tender to “most advantageous” tender. That means we will be able to take account of things such as transparency, social responsibility and fairness in a way that was not possible under EU legislation.

[Anna Firth (Southend West) (Con)]

17. What steps his Department is taking to increase apprenticeship opportunities in the civil service.

--- Later in debate ---

[Sarah Atherton (Wrexham) (Con)]

T2.   The previous Minister for Government efficiency, my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg), visited Wrexham to discuss its potential under the Places for Growth programme, with a view to locating a civil service Ministry of Justice hub in the city. Will the Minister please give me an update?

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

As my hon. Friend mentions, the Government Property Agency is in dialogue with the Cabinet Office’s Places for Growth programme team to identify the possible demand for relocating civil service roles to Wrexham. Discussions are ongoing in a number of regions and cities across the country; I am sure she will understand that, until further commercial negotiations are concluded and Departments have informed staff, Government hub locations cannot be confirmed. However, I can confirm that future locations are under active consideration.

[Mr Speaker]

We now come to the deputy Leader of the Opposition.

--- Later in debate ---

[Peter Aldous (Waveney) (Con)]

NHS dentistry faces many challenges, one of which is ensuring that locally based practices have every opportunity to bid for contracts successfully. Can my hon. Friend set out how the Procurement Bill will enable them to do so?

[Alex Burghart]

This Government want NHS dental service contracts to be attractive. The intention is that the procurement of healthcare services such as dentistry will be subject to the rules set out under the anticipated provider selection regime as enacted by the Health and Care Act 2022. The Procurement Bill will apply to other services and help to break down barriers for small businesses of all kinds to engage in public sector procurement.

[Brendan O'Hara (Argyll and Bute) (SNP)]

On Tuesday the House passed a motion instructing the Government to release all correspondence relating to the awarding of a multi-million-pound contract with PPE Medpro. That motion went through unopposed, and the papers will be released, but shortly before that the Cabinet Office rejected a similar request from the Good Law Project, saying that disclosure would,

“make it harder for the responsible department to secure a sound financial and contractual basis for the future”,

concluding that,

“the public interest favours withholding this information”.

What changed so dramatically between that reply to the Good Law Project and Tuesday’s debate?

[Sir Desmond Swayne (New Forest West) (Con)]

T4. The Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), knows that there is a war on. Part of our contribution should be a great national endeavour to cut our energy consumption, should it not?

[Alex Burghart]

A planned communication programme is coming this winter. Maybe we should be looking at the temperature in this House. Ambient though it is, would it not be better if we all had a chance to put on fresh jumpers to keep warm?

[Grahame Morris (Easington) (Lab)]

T5. As reported on BBC news this morning, tens of thousands of civil servants who are members of the PCS union have balloted overwhelmingly to strike over the coming weeks and months at Border Force, the Driver and Vehicle Standards Agency, National Highways and the Rural Payments Agency. Is the Minister aware that levels of pay and in-work poverty in some areas of the civil service are such that now the Department for Work and Pension’s own staff are themselves increasingly having to claim universal credit? That is a disgrace. What is he going to do about it in terms of increasing the offer?

--- Later in debate ---

[Alex Burghart]

The Government do not have a view on the upper limit of the House of Lords. The House of Lords contains a great many with expertise that the hon. Gentleman could learn from.

[Anna Firth (Southend West) (Con)]

The planned trade union strikes threaten to disrupt not just Christmas and rail services but essential health services. Southend University Hospital is doing brilliantly in bringing on-stream two new ambulance handover units and a new winter ward. Can my right hon. Friend assure me that he will put in place contingency plans to ensure that my constituents have access to emergency healthcare at Christmas?

Counsellors of State Bill [Lords]

Alex Burghart Excerpts

2nd reading
Thursday 1st December 2022 Commons Chamber

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

It is a genuine pleasure to close a Second Reading debate in which there has been such consensus, and concise consensus at that. At times, as we have seen, that consensus has lapsed into adoration.

[Angela Rayner]

You’ll feel it one day!

[Alex Burghart]

One day, maybe—who knows?

As several hon. Members pointed out, the Bill is a necessary short piece of legislation that brings resilience to our constitutional arrangements and does so at speed. It was necessary that we brought a short Bill before Parliament to get the measures through quickly. The reason for that is, as we all know, His Majesty will soon start to travel in the fulfilment of his duties to the country, so we wanted to have things in place as quickly as possible. I am grateful to the right hon. Member for Ashton-under-Lyne (Angela Rayner) for recognising that and paying tribute to the two new Counsellors of State whom we are appointing today and to how respected they already are. She is right to point to the Regency Act and the fact that the royal household has confirmed that Counsellors of State will only be working royals.

I also pay tribute to my right hon. and learned Friend the Member for Northampton North (Michael Ellis). Little can be added to his speech, because there is little that anyone can teach him about the workings of our constitution. He was an illustrious member of the Front-Bench team and an extremely well informed Minister in the Cabinet Office. I know that some of his expertise was brought to bear in the design and drafting of the legislation, and I am grateful to him for that.

I also thank the hon. Member for Argyll and Bute (Brendan O'Hara), who spoke from the SNP Front Bench. He raised a point about the order of precedence. Obviously, the law of succession was changed a few years ago to enable girls born to the sovereign to inherit, but that did not change the existing order of succession. That is why the Princess Royal and the Earl of Wessex feature in the order in which they do. In addition, I thank my right hon. Friend the Member for Ludlow (Philip Dunne) for his remarks and concur with what he said.

I am delighted that we have heard in the debate how the Bill commands considerable support in the House, as it did in the other place. I know that this Parliament will wish to be of assistance and support to our sovereign as he goes about his duties.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Counsellors of State Bill [Lords]

Alex Burghart Excerpts

Committee stage
Thursday 1st December 2022 Commons Chamber

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this it will be convenient to discuss clause 2 stand part.

[Alex Burghart]

The clause provides that His Royal Highness the Earl of Wessex and Her Royal Highness the Princess Royal can be delegated royal functions as Counsellors of State during his or her lifetime respectively. Subsection (2) provides that Their Royal Highnesses are subject to the proviso and disqualification from acting as a Counsellor of State as set out in the 1937 Act.

Clause 2 establishes the short title and provides that the Bill will come into force on the day after it receives Royal Assent.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

[Alex Burghart]

I beg to move, That the Bill be now read the Third time.

These are slightly unusual proceedings; the House is not accustomed to such agreement. It has been an honour to be part of these rare proceedings—and rare they are, as our House has not had to debate such matters for nearly 70 years, since 1953. It is therefore right that I take a few moments to thank all of those who have been responsible for drawing up such important legislation so quickly. I thank particularly our excellent officials in the Cabinet Office, who in many ways are the guardians of the constitution, and the Cabinet Secretary for his particular knowledge of these matters. I also thank the right hon. Member for Ashton-under-Lyne (Angela Rayner), his Majesty’s loyal Opposition and the hon. Member for Argyll and Bute (Brendan O'Hara) from the SNP Front Bench for their genuinely constructive and supportive position on these matters.

It is perhaps fitting that we are touching lightly on these matters this year, in which we have been reminded of how the monarchy remains a fundamental part of our living and breathing constitution, as it has been since the formation of our kingdom in the 10th century. It also remains an enormous asset to our country and an intrinsic part of who we are. I am delighted that the Bill has commanded such clear support and commend it to the House. God save the King.

Independent Adviser on Ministerial Interests

Alex Burghart Excerpts

Wednesday 30th November 2022 Commons Chamber

[Angela Rayner (Ashton-under-Lyne) (Lab)]

(Urgent Question): To ask the Chancellor of the Duchy of Lancaster if he will provide an update on the appointment of an independent adviser on ministerial interests and enforcement of the ministerial code.

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

The Government welcome the opportunity to stress again the importance of the role of the independent adviser and this Government’s commitment to it. The Prime Minister has been very clear that the appointment of a new independent adviser is a priority and that the appointment process is under way. Hon. Members will understand that an appointment of this nature is significant and has to be done well. Much as hon. Members might wish me to, it would not be appropriate for me to comment further on specifics of what is an ongoing appointments process. Let me assure hon. Members: the adjudication of issues of ministerial conduct does not stop because the independent adviser is not yet in post. Conduct matters and conduct issues will be dealt with quickly and appropriately, irrespective of that appointment process.

That is what hon. Members will have seen with regard to complaints made against the Deputy Prime Minister. On receipt of formal complaints by the Cabinet Office, the Prime Minister requested that an independent investigation be conducted by an individual from outside Government, and Adam Tolley KC has been appointed to conduct the investigation. The terms of reference have now been published. The process is under way, and Mr Tolley will provide his report to the PM in due course. It is right that these matters are investigated fully, but it would not be right to comment further on them when that process is ongoing.

I would also like to reassure hon. Members that the process of managing the interests of Ministers continues in the absence of an independent adviser. The permanent secretary, as the policy expert on each Department’s remit, leads the process in their Department in the absence of an independent adviser. The Cabinet Office is able to provide advice in line with precedent. All relevant interests are declared by Ministers upon taking office and are kept up to date at all times. The publication of the list of Ministers’ interests is the end point of the ministerial interests process, and it takes place at regular intervals to make the public aware of the relevant interests of Ministers.

I will end by reiterating that as soon as there is an update on the process to appoint an independent adviser on Ministers’ interests, the Government will update the House.

[Angela Rayner]

Thank you, Mr Speaker, for granting this urgent question.

How many times have I heard, “Soon; jam tomorrow; mañana, mañana”? We need the Prime Minister, who promised to appoint an independent ethics adviser as one of his first acts, to actually deal with this issue. Yet despite Ministers being accused of bullying and intimidation, or being reappointed despite security breaches, there is still no adviser. It is clear that ethics and integrity are not a priority for the Government, despite the Prime Minister’s words.

We are told that recruitment is under way, but apparently no one will accept this poisoned chalice. So can the Minister tell us how many candidates have been approached and how many have refused the job? Will the Prime Minister follow his disgraced predecessors by denying the so-called independent adviser the power to launch their own investigations? Or does he have no plan to restore standards? Will he just preserve the rotten regime that he inherited?

What on earth is the system in the meantime? Who will investigate the allegations of Islamophobia made by one serving Minister against another? The Minister mentioned the Deputy Prime Minister, who had to demand an investigation into himself because the Prime Minister was too weak to do so. How many formal complaints have now been made? The Minister mentions Adam Tolley. Why is he not allowed to proactively investigate the so-called informal complaints? Will he investigate allegations made by the former permanent secretary? And who will finally get to the bottom of the dangerous use of private emails by Ministers?

No. 10 said in reference to the Home Secretary that it could not investigate breaches under previous Administrations. But that is what is happening now with the Deputy Prime Minister, so why not? Why now is there an excuse for refusing to investigate the Home Secretary’s breach? Will the Prime Minister appoint a truly independent watchdog?

[Alex Burghart]

It is wonderful to hear the right hon. Lady’s interest in this matter today. As it happens, we had a debate on this very issue in Westminster Hall yesterday. The House will be shocked to hear—

[Mr Speaker]

Order. I am here, Minister, not over there—and I hate to say it, but there is nobody even standing on that side.

[Alex Burghart]

Thank you for the reminder, Mr Speaker.

The House will be shocked to hear that the right hon. Lady was not present at that Westminster Hall debate—[Interruption.] Because it was about the ministerial code, which is the subject of the urgent question. The right hon. Lady and her hon. Friends did not bother to show up, and they missed the opportunity to hear the hon. Member for Rhondda (Chris Bryant) speak very pertinently on this subject. Not only was the right hon. Lady not there, but her Front-Bench colleagues did not turn up to ask questions, either.

The right hon. Lady refers to rumours in the press, but let us look at the facts. The Prime Minister has been in office for 31 days. On his first day, he said he would make an appointment. He has made repeated assurances in this place and other places, as have members of the Cabinet, and that has continued in yesterday’s debate, at Prime Minister’s questions and for this urgent question.

The right hon. Lady talks about the powers of the independent adviser, but I remind her that in May this year, Lord Geidt said that we had come up with “a workable scheme”. I have to say that it is starting to sound very much like the Opposition cannot take yes for an answer. We are going to have an independent adviser who will have the powers they need. They are going to be appointed very soon.

[Mr Speaker]

I call the Scottish National party spokesperson.

--- Later in debate ---

[Stewart Hosie (Dundee East) (SNP)]

When the Government published their policy paper on revisions to the ministerial code on 27 May, it said that there would be “an enhanced process” for the initiation of investigations under the ministerial code, that the independent adviser could initiate his or her own investigations, that there would be a more specific reference to the adviser in the ministerial code, and that there would be a duty on Ministers to provide all the information necessary to allow the adviser to discharge his or her duties. However, it turns out that the Prime Minister is not offering potential candidates any enhanced powers, meaning that advisers will not be able to launch their own investigations, and that confirms the blocking of the expansion of powers by his predecessor. So it is a simple question: why are the Government reneging on their own policy statement of May this year, making it more difficult to appoint an independent adviser?

[Alex Burghart]

I refer the right hon. Gentleman to the answer I gave a few moments ago. He seems terribly well informed, but he seems to have stopped short of reading Lord Geidt’s response to the changes in the terms of reference, where he said that

“this would be a workable scheme”.

[Mr Kevan Jones (North Durham) (Lab)]

I hear what the Minister says, but can he give any timescale of when the appointment will be made? In the meantime, can I ask specifically what advice is being given to Ministers and, more importantly, their special advisers on the use of private email and WhatsApp groups?

[Alex Burghart]

As I have said, there is a process ongoing to appoint an independent adviser as fast as possible. The Prime Minister has been in post for 31 days, and there is standing advice on the use of WhatsApp and private messaging.

[Dawn Butler (Brent Central) (Lab)]

Can the Minister confirm whether the fee paid to Adam Tolley KC to investigate the claims he mentioned earlier is greater than the projected annual cost of an ethics adviser?

[Alex Burghart]

I do not know the answer to that question. I am happy to write to the hon. Lady to answer.

[Christine Jardine (Edinburgh West) (LD)]

Notwith-standing the Minister’s earlier comments, we have been waiting for five months now for an ethics adviser. Every time the Government fail to appoint one, it further undermines and corrodes this place’s reputation in the public mind. I have tabled a Bill that would give Parliament the power to appoint an ethics adviser if the Government fail to do so. Given the Government’s inability to appoint an ethics adviser, will the Minister now please support that Bill and allow us to get on with re-establishing the good reputation of this place?

[Alex Burghart]

The hon. Lady will have heard me point out that the Prime Minister, who has said he will appoint an independent adviser, has only been in post for 31 days and that a process is going on at speed. In answer to her other question, it is very much the view of this Government that it is the Prime Minister who appoints the independent adviser to give advice to the Prime Minister, who answers ultimately to Parliament.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

Since I became an MP in 2010, we have seen seven current or former Labour MPs, two Conservatives, one Liberal Democrat and one Scottish Nationalist given custodial sentences. We have countless other cases that come before the House, and the hon. Member for Rhondda (Chris Bryant) has spoken eloquently about this previously. We have a by-election tomorrow caused by a Labour MP standing down in disgrace, so there is a big issue to solve with standards in our public life, and it goes right across this House. I am therefore pleased that my hon. Friend the Minister has been able to update the House on the recruitment process that is under way. Does he agree that backing a stronger code of conduct for Members of Parliament is proof that the Government are taking the code of conduct in this place seriously?

[Alex Burghart]

It is very good to hear from my hon. Friend. He is absolutely right. This Government take the code of conduct for Members extremely seriously.

[Afzal Khan (Manchester, Gorton) (Lab)]

In the absence of an ethics adviser, can the Minister inform the House of the status of the inquiry into Islamophobia that was ordered in January this year?

[Alex Burghart]

I know that the next independent adviser will want to take that case extremely seriously.

[Ronnie Cowan (Inverclyde) (SNP)]

It is important to point out that the Prime Minister appoints his own ethics adviser. He then determines which investigations can be undertaken, and then he determines what actions are taken depending on the outcome. Is that maybe why the last two ethics advisers have resigned?

[Alex Burghart]

The hon. Gentleman will have heard me say several times, in reference to whether an independent adviser can initiate proceedings, that Lord Geidt was happy with the proposals made in May; he said that it would be a workable scheme.

[Karin Smyth (Bristol South) (Lab)]

This is a really serious issue that undermines confidence in the ethics of this place and the Government. Lord Geidt gave evidence to the Public Administration and Constitutional Affairs Committee, and resigned two days later, following our questioning. That needs to be taken seriously. We are still very concerned about this issue, the appointment process—Lord Geidt was alighted upon—and the remit. If the Minister does not want to discuss the process in public, will he commit to meeting the Public Administration and Constitutional Affairs Committee in private, if there is no movement on this issue in the next couple of weeks?

[Alex Burghart]

I am confident that an independent adviser will be appointed very soon, so I am not sure that there will be a need for such a meeting.

[Clive Efford (Eltham) (Lab)]

Is it not in the best interests of ethics for the ethics adviser to be completely independent of the Prime Minister?

[Alex Burghart]

They are an independent adviser appointed by the Prime Minister because, ultimately, in our system, the Prime Minister has ultimate responsibility.

[Rachel Hopkins (Luton South) (Lab)]

The ethics adviser is required to publish an annual report that sets out their work so the public can see it, alongside a list of ministerial interests twice per year, which sets out the relevant private interests of all Ministers. Can the Minister inform us whether we can expect a report this year and, if so, who is drafting it?

[Alex Burghart]

An independent adviser will be appointed in the very near future. It will be at the very top of their list, I am sure, to get the ministerial interests published.

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

I was at the debate secured by the hon. Member for Rhondda (Chris Bryant) yesterday, where he rightly pointed out the difference between the Members’ code of conduct and register and what Ministers have. To reiterate what the hon. Member for Luton South (Rachel Hopkins) said, the last printing of the ministerial register was at the end of May; today is 30 November. To be kind to the Government, that is six months today, so surely it is not unreasonable to expect that standards list to come as soon as possible.

[Alex Burghart]

I have to give credit to the hon. Lady, because she was at the debate yesterday, unlike many of the Labour Members present. She will have heard me say then, as I have just said again, that we will have an independent adviser very soon and they will be expected to prioritise the publication of the ministerial interests.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his responses. There are concerns that there is currently no ethics adviser to the PM. The post has been vacant for six months, so there is urgency. Can the Minister confirm that the independent adviser will be appointed and the timescale for that to happen, so that Ministers can refer to that adviser for the guidance, assistance and advice that they need?

[Alex Burghart]

It is always a pleasure to answer questions from the hon. Gentleman. He will have heard me say that we are in the process of appointing an independent adviser at speed, and they will be able to deal with all relevant issues once they are appointed.

Ministerial Code

Alex Burghart Excerpts

Tuesday 29th November 2022 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Vickers, and to respond to the hon. Member for Rhondda (Chris Bryant) in whatever capacity and with whichever hat he is wearing today. He, like me, has a second job—mine is currently as a Minister in the Cabinet Office. It was very good of him to enunciate how many days I was in my previous post; now I have a record in Hansard that I can refer back to when I want to check it.

Although my response today will be relatively brief, I want the hon. Gentleman to know that, as a new Minister, I am genuinely interested in the points he has raised and I will certainly consider them with colleagues. He has previously raised these important points in the House on a number of occasions, including 7 September, I think—it is my birthday; I remember it well—and again on 18 October. He is right to say that in the coming weeks we will have an opportunity to debate these matters again.

The hon. Gentleman raises substantial issues concerning transparency, timeliness and the independent adviser. As the Leader of the House said a few weeks ago of the recommendations proposed by the Committee on Standards, which the hon. Gentleman chairs, we are

“very conscious that there is further progress to be made and the House should have the opportunity to consider the additional recommendations”.

We are looking to identify solutions that command cross-party support on outstanding issues, including to improve the transparency and timeliness of ministerial declarations. The Government are very clear in our views that, as the Leader of the House said,

“the rules regulating Members’ interests and ministerial interests”—[Official Report, 18 October 2022; Vol. 720, c. 636.]

are distinct. However, the hon. Gentleman has raised important points about consistency that bear further cogitation.

I can confirm that we are talking to officials about proposals we are considering to bring forward and improve the system, and that revised guidance on ministerial transparency data will be published in the coming weeks, first on gov.uk. The guidance will be updated to more closely reflect modern working practices and Ministers’ obligations under the ministerial code. As the Leader of the House has said, we are mindful of the BAFTA challenge that has been set by the hon. Gentleman. As I said, there are important points on consistency.

[Chris Bryant]

The Minister entices me on the BAFTA point—and it is not just the BAFTA point, but the Bond point. If I were invited to a Bond premiere, with tickets worth something like £2,000 or £2,500, I would have to declare that within 28 days, detailing the cost and who had paid for it. All that would then be published within two weeks. However, several Home Secretaries and Foreign Secretaries ago, when the then Home Secretary, the right hon. Member for Witham (Priti Patel), and the then Foreign Secretary, the right hon. Member for South West Norfolk (Elizabeth Truss), went, they decided that they had gone in their ministerial capacities. A colleague of the Minister said that they had gone in a ministerial capacity because the Home Secretary has responsibility for MI6, which is incorrect.

Can the Minister see that the whole concept of going to a Bond premiere in a ministerial capacity brings the whole system into disrepute? Would it not be simpler for everything to be in a single place, so that members of the public could openly and transparently see the full range of a Minister’s interests?

[Alex Burghart]

The hon. Gentleman has made his point very clearly once again.

On timeliness, in autumn this year the Government reaffirmed their commitment to transparency, and said they would publish transparency data within 90 days of the end of each quarter. The Cabinet Office has strengthened advice to Departments on open access data, which will ensure that ministerial transparency is easily accessible to all. I appreciate what the hon. Member for Rhondda says about the importance of members of the public being able to see what is happening as promptly as possible. I can see that he is anxious to intervene again.

[Chris Bryant]

It is just that 90 days is not prompt; it is 28 days in this House. After 90 days, people have forgotten what they went to. I do not understand why it could not be within a fortnight, especially given the fact that Ministers might move on or make different decisions in the intervening time.

[Alex Burghart]

I can assure the hon. Gentleman that Ministers will not have forgotten what they went to. As he is aware, there is a very clear process, which involves permanent secretaries and good internal recording systems. He is right that the last account was published in May. It is ordinarily published every six months, so although we have been without an independent adviser, we would only be coming up for the next publication now. Because the new independent adviser is yet to be appointed, that will probably be delayed, but the Government expect it to be a very high priority for the new adviser, when he or she is appointed.

[Chris Bryant]

The obvious questions are, when will the adviser be appointed, and can the Minister confirm that at least three people have already been offered the post and turned it down?

[Alex Burghart]

The hon. Gentleman appears to have information, if it indeed is true, that is not available to me. I have not been made aware that anyone has turned the job down. I reiterate that the Prime Minister has said that the appointment of an independent adviser is a priority for him. He is pursuing it with urgency, and we very much hope and expect that an independent adviser will be in place soon. That will kick-start a number of processes that have fallen into abeyance.

[Chris Bryant]

I am sorry to impose on the Minister in this way, but I just offer a piece of—I hope—helpful advice. My guess is that people might be refusing the job because they are worried that their position, credibility and reputation will be at risk unless the Prime Minister agrees that a new adviser can initiate investigations, including into the Prime Minister if necessary, without the say-so of the Prime Minister, and can recommend sanctions. Unless the Government make that change, I cannot see how anybody worth having in the role will accept it.

[Alex Burghart]

Obviously, in May the Government said that the independent adviser would have the power to initiate investigations. The then independent adviser Lord Geidt said that that was a workable solution. As I say, there will be a new independent adviser soon. That is the desire of the Prime Minister. He is keen to ensure that our process is fit for purpose, and he is keen, as the hon. Member for Rhondda is, to ensure that we have transparency, accountability and timeliness. I am very confident that this Administration, under this Prime Minister, with a new independent adviser, can deliver that.

Question put and agreed to.