Lord Mandelson: Government Response to Humble Address Debate
Full Debate: Read Full DebateLord Wallace of Saltaire
Main Page: Lord Wallace of Saltaire (Liberal Democrat - Life peer)Department Debates - View all Lord Wallace of Saltaire's debates with the Leader of the House
(1 day, 8 hours ago)
Lords ChamberMy Lords, I thank the Leader of the House and Lord Privy Seal for the opportunity to respond to this Statement.
We are three weeks on from the Motion passed in the other place for this humble Address to be presented to His Majesty, and not a single document has yet been published. We often hear that Ministers are moving at pace, but this time Ministers are moving at an unacceptably slow pace. Transparency delayed is transparency denied. The Government must not drag their feet in complying with the clear instruction of Parliament. Can the Lord Privy Seal confirm that there will be no further slippage in the timetable for publication?
In the other place, the Chief Secretary to the Prime Minister accepted that compiling the material will take some time and spoke of publication “very shortly” in tranches. But “very shortly” is not a plan. Parliament’s instruction requires urgency as well as completeness, and we will continue to hold Ministers to account for delivering both.
The Chief Secretary also told the other place that the first tranche would be published in early March. Can the Lord Privy Seal clarify what the Government mean by early March? For example, should the House expect publication within the first week of March, and can she confirm the precise date on which the first tranche will be laid?
The humble Address expressly exempts papers that would be prejudicial to UK national security or international relations. These papers are instead to be referred to the Intelligence and Security Committee, the ISC. Can the Lord Privy Seal explain what test officials are applying when they decide that disclosure would be prejudicial in each case? Will she also confirm that material identified as engaging those exemptions is being passed to the ISC promptly as it is identified, rather than being held back and sent only once the wider collation exercise is complete, so that the committee can begin its work without delay?
It has also been noted that the ISC’s secretariat is provided by Cabinet Office officials. We unequivocally do not question the independence or integrity of the ISC, but given that the Cabinet Office is also leading the Government’s sifting and handling of material for publication, what steps are being taken to ensure that these parallel roles do not create even the perception of a conflict and that the ISC has the resources and independence it needs to do this job quickly and thoroughly?
I turn to the documents the Government say they are withholding following discussions with the Metropolitan Police. In the other place, the Speaker has been clear that the police cannot dictate to that House what may be required under a humble Address. Will the noble Baroness the Lord Privy Seal confirm that the Government accept the principle behind that statement—that the duty to comply rests with Ministers, and that any documents withheld because of the live investigation will be published as soon as it is possible to do so? Will she also consider setting a clear backstop for further updates to Parliament so that the process cannot drift indefinitely? More broadly, humble Addresses are understood to be binding resolutions of the House. Does she accept that a failure to comply with the humble Address without proper justification could be treated as a contempt of Parliament?
The official Opposition have called for clarity on what is to be published, what is being withheld, and why. Will the noble Baroness commit to publishing a comprehensive list of the categories of documents within scope, identifying which have been disclosed, which have been referred to the ISC and which are being temporarily withheld—for example, because of the police investigation —together with the reason in each case? If she cannot give a firm commitment today, will she undertake to write to clarify the Government’s position?
We have been patient and constructive, but the public interest in these papers is clear. They must be published in a timely way if lessons are to be learned and accountability secured.
My Lords, we all now recognise that it was a massive misjudgment to appoint Lord Mandelson to the post of ambassador in Washington. The Prime Minister has already apologised for that. He is not the first Prime Minister to have made such a serious error, and opposition parties should avoid pretending that they are entirely innocent of similar past mistakes. That will persuade the public only that all politicians are aggressively partisan and potentially corrupt.
However, there should be a much wider canvas for this investigation. We need to know not only about the involvement of Lord Mandelson in the Epstein network but how far others in the UK were involved and whether any of the trafficking of young women took place through Britain and British airports. The interaction between a sexual exploitation network and the provision of confidential government information to rich financiers is a potentially explosive mixture. It could deepen public mistrust in not only our political elite but the City of London and its links to New York banks. Then there are the rumours of Russian links with all this. It is vital to demonstrate as much transparency as possible, with a vigorous attempt to uncover what has really taken place.
We recognise the challenge that the vast mass of documents to be examined poses. We also recognise that there will be some areas where national security interests unavoidably prevent full publication—particularly the rumours of Russian links, if they turn out to have some foundation—but we ask the Government to publish and explain to the public as much as possible, in order to rebuild public trust.
I hope the Minister also recognises that the British Government are now in a position where they can and should set an international example of our adherence to democratic accountability and the rule of law. There have already been a number of comments in Washington on the contrast between American and British reactions to this developing scandal: no recent arrests in the United States, reluctant release of heavily redacted documents and an Administration doing their best to deny any involvement, contrasted with the Government and Head of State in London taking the limited British involvement seriously.
Democracy and the rule of law are under attack in the United States and elsewhere. We on these Benches therefore encourage our Government to demonstrate in everything they do in this developing scandal that accountability and the law matter enormously. There is likely to be a lot more still to come out from all these documents that will embarrass the US Government and America’s financial, high-tech and business elites, as well as their counterparts in the UK.
The previous Conservative Government resisted publication of the full extent of Russian penetration of British politics, primarily because its deepest penetration had been of the Conservative Party. We still do not know how far it extended or what lessons we all need to learn. I again encourage the Government to publish a much fuller version of the ISC’s Russia report to alert the public to the threats of foreign interference in British politics that we face, and as helpful background to the sad mixture of money, sleaze and sexual exploitation that Lord Mandelson, Andrew Mountbatten-Windsor and perhaps other leading British people were caught up in.
My Lords, I thank the noble Baroness and the noble Lord for their questions; I will try to answer as many as possible. I do not recognise the noble Baroness’s suggestion about delay in dealing with this. There are a lot of documents to be produced. The Government have been very clear that there is no hesitation at all in complying fully and completely with the humble Address. I hope that reassures her.
There is no scheduled timetable but it is important that, with so many documents, we do not wait until we have every document but get them out in tranches. Some of those may be out of sequence, in a sense, but all government departments have been asked to be very clear that all documents must be kept, whatever form they are in, and that information and messages must be kept so they can be fully disclosed.
The noble Baroness asked for confirmation on what is being withheld. Only two areas are being withheld. Information will be sent to the ISC. The Government will make a judgment on whether that information has an impact on international security, international relations and national security. If the Government make that judgment, it will then be given to the ISC to assess. There is a clear process and an assessment of the Government’s judgment on that when it is sent to the ISC. The other issue—which I understand is one document, or maybe a suite of documents—is the questions that were asked of Peter Mandelson by No. 10. That is the information that is currently with the Metropolitan Police. There is obviously a delay in publishing that, but as soon as we are able to do so we will. I take into account the Lord Speaker’s comments that nothing should be allowed to prejudice justice.
The noble Baroness asked what “early March” means. I am tempted to say that early March means early March. I do not know quite how further to describe early March: does it mean 1 March or 2 March? It means early March. It will be published in early March and I expect we will see the information produced in the next couple of weeks or so.
The noble Baroness also raised the slightly curious point about the independence of the ISC, which the House of Commons raised as well. I hope I have not misunderstood—she is shaking her head at me, so perhaps I did—but the ISC has to be able to conduct its work without fear or favour and have the full confidence of the whole of Parliament in doing so. Although the staff are employed by the Cabinet Office, she will know from her experience of the Civil Service how very much they work for the ISC.
Having said that, I understand that there have been discussions about whether those staff should be employed directly by the ISC or whether it is more appropriate that there is a pool of people who work for the ISC and may return to other Civil Service jobs. The important thing is that they have the resources to do their job. I have absolute confidence in the Members of this House who are members of the ISC—the noble Lord, Lord West, the noble Baroness, Lady Brown, and the chair, the noble Lord, Lord Beamish, who is behind me, keeping an eye on me—to ensure they do their work fully, completely and properly. I am sure the noble Baroness, Lady Finn, will agree.
The noble Baroness commented that the Metropolitan Police cannot dictate to the House and asked whether the Government accept their duty that any documents held should be released afterwards. I have already answered that: they will be released where we are able to do so and where that does not jeopardise any possible further action the police may want to take.
The noble Lord, Lord Wallace, addressed how all of us can make mistakes. He referred to mistakes by past Governments and by this Government. Indeed, I heard his party leader on the radio this morning talking about mistakes that he had made. When mistakes are made, three things must happen. First, there must be an admission that a mistake has been made. Secondly, how it happened must be understood. Unless you understand how and why it happened, you cannot take the action that is needed to protect yourself and others from making similar mistakes in the future. Thirdly, an apology is required. I will never suggest that no Government ever made a mistake—it is human life—but to understand how and why, to put the wrong right and to apologise are important steps forward.
The noble Lord asked the Government to publish and explain as much as possible. Yes, transparency—particularly in an era of distrust of politicians, which we have been in for some time—democratic accountability, the rule of law, and being as open and transparent as possible are important. Who would have expected, when the Epstein papers, documents and emails were released, that this would reverberate around the world? It is uncomfortable for any Government to find themselves in a position where the information in those emails was completely unknown by them. The sense of betrayal, hurt, anger and upset in seeing those documents and that information is enormous. I assure the noble Lord on that.
The noble Lord says that there are rumours about Russian influence. It is very difficult to do anything about rumours. I worry about rumours. It is evidence that we must work on. Any evidence that can be made available should be made available. However, he will understand, in talking about the Russia report, that it is about finding the balance between transparency and international relations and security. I am grateful for the work that the ISC is doing on this, and generally, as I think the whole House must be, to ensure that it is confident that this balance is right and that it can work with the Government on this. However, the responsibility for national security ultimately lies with the Government.
The noble Lord says that there is further embarrassment to come. I am less worried about embarrassment than I am about not doing justice to the young women and girls who were abused by Jeffrey Epstein. There are times in life when we have to take a bit of embarrassment to ensure that justice is done.