US Department of Justice Release of Files

Lord Berkeley Excerpts

Thursday 5th February 2026 Lords Chamber

[Baroness Smith of Basildon (Lab)]

Those are important questions. I do not have the answers for the noble Baroness. I have seen the press reports that former Prime Minister Gordon Brown, whom I worked very closely with, has asked for the information. I do not know what trawl was done. I do not know at this stage what the former Prime Minister asked for and whether the Prime Minister was informed, but I will find out.

[Lord Berkeley (Lab)]

My Lords, I am very grateful to my noble friend for her full explanation of what has been going on. I want to raise again the Cabinet Secretary’s role. About five years ago, I had reason to complain to the Cabinet Secretary about what I thought was a Minister in the Commons misleading Parliament, so I wrote to the Cabinet Secretary to ask if he could investigate. The answer was: “No, I would have to get the Prime Minister’s approval first”. I said: “There is not much point, because I know what the Prime Minister will answer”. I am pleased to hear that there is going to be a KC involved in the future work, but we have to be very careful about the relationship between the Cabinet Secretary and the then Prime Minister.

[Baroness Smith of Basildon (Lab)]

The noble Lord makes an important point. I do not know if he heard the answer I gave earlier, but it is now the case that it is not a matter for the Prime Minister to authorise an investigation into whether a Minister has broken the Ministerial Code. That is a matter for the holder of the Ministerial Code. So, on that point he would not have had that answer; today he would have a different answer and it would not be from the Prime Minister.