(2 years, 10 months ago)
Commons Chamber
Tim Loughton
I do not wish to alarm my hon. Friend, but I am afraid that what we have heard is alarming. The trouble is that it is true. It is based on evidence and the sources that I have given.
We have to achieve a balance here, but we need to show greater urgency to dispel the current installations that we have. We need to ensure that they are replaced with reliable equipment from trusted sources as a matter of urgency. It is that urgency that we are not seeing. My hon. Friend the Minister said that within six months the Government would produce this list—a limited list of action that they are going to take. They could come up with a timeline that is still several years away. That is not realistic or sending out the right messages, and we can and need to do far better.
The widespread use of Hikvision equipment by those different agencies risks providing malign states with a back entrance into UK security and imposing an unwanted reliance on those countries. By contrast, the White House has taken a strong stance on those companies by refusing to support Chinese companies that undermine the security or values of the United States and its allies. Embracing and reasoning would allow the UK Government to be consistent with their commitment to protecting core national security interests and democratic values. That is why this new clause is so important. I hope that the Minister will respond positively to that and give us a reassurance and an offer, if we are not taking the new clause to a vote today. My right hon. Friend the Member for Chingford and Woodford Green has rather let the cat out of the bag by saying that he will not press his new clause to a vote. If that is the case, more has to be done in the other place. We need much tougher measures than we have seen so far, because I am afraid that the Chinese are laughing at our failure to treat this with the seriousness and urgency that it requires.
I rise to speak to a number of amendments. It is worth highlighting that the bread and butter of the work of the Public Accounts Committee, which I have the privilege of chairing, is looking at procurement—failed procurement in particular—and making sure that we get on the record and into the brain of Whitehall the lessons learned from those failures. We have also been at the forefront of looking at procurement during covid, and we did our first inquiries into that as early as June 2020. I want to place on record my thanks for the hard work of the National Audit Office, which immediately pivoted to online working to enable us to continue our scrutiny of the Government as a cross-party parliamentary Committee.
The hon. Lady is being very complimentary about an amendment that I tabled and she kindly signed to show cross-party support. Does she agree not only that the cost of evaluation is a rounding error but that the savings from weeding out dud contracts early would dwarf any possible cost? In any case, we already have a network of so-called what works centres, which are arm’s length, independent bodies that have been doing precisely this for ages. The problem is that they cover only about 8% of all that we buy, but they are already in place, so the additional marginal cost would be even smaller.
I agree with the hon. Gentleman. Of course, if evaluation is built in from the beginning, the company that has been contracted to do the work would be required to collect data. They will say that that involves more cost but, over time, it would wash out. We need a better standard of data collection on all sorts of issues.
Take the example of a contractor that was asked to run a prison. The Government provided data on the prison’s maintenance, but the data was not right as it did not count the number of windows and toilets, and so on, that needed to be fixed, so the company had to come in and count them. In that case, the company had not banked on prisoners breaking more windows than the average in other buildings. There is lots of data, and we keep pushing for it to be collected, and that data could be built into evaluations.
The hon. Gentleman is bang on about making sure we do not send good money after bad. If something is not working, we need the evidence and the political courage, sometimes, to end the contract. We need to make sure that the people delivering a contract are clear that they are delivering the contract’s aims. Evaluation should have the impact of tightening procurement, tightening the management of contracts by the civil service and sharpening up those who bid for contracts to do a better job and to be proud of that job, in the knowledge that doing a good job may well mean that the contract is extended, but not if they do not do a good job. We should also reward good behaviour. I am keen to hear what the Minister has to say about that.
My right hon. Friend the Member for Barking (Dame Margaret Hodge) tabled amendments that would ensure that organisations involved in nefarious activities are excluded from public procurement. It is extraordinary that companies that are making money in nefarious ways can bolster their activity and give themselves credibility through public procurement. Others have talked a lot about the issues around China, so I will not go into that much more. My right hon. Friend has a strong reputation in this area, and her amendments speak for themselves.
We do not want to miss this opportunity. I recognise that not everything in procurement is about legislation. It would give me some comfort, as Chair of the Public Accounts Committee, if the Minister showed that that is being thought about a bit more deeply across Whitehall.
This has been a very interesting debate, veering from grand geopolitics to the sourcing of public services and paperclips. All of this is, in a sense, the responsibility of an independent country, so the debate is one benefit of Brexit, for which I am sure we are all very grateful.
I am pleased with the Bill and the Government amendments. I think of it as the patriotic Procurement Bill, which is exactly what we need. I particularly welcome the explicit commitment to national security that has been added to the Bill, and I pay tribute to my hon. Friends the Members for Rutland and Melton (Alicia Kearns) and for East Worthing and Shoreham (Tim Loughton), and my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), for their work and their contributions today. I am particularly grateful to my hon. Friend the Member for Isle of Wight (Bob Seely) for his tremendous speech about the dangers we face from a more hostile China.
In the Government amendments, and in Government policy in general, we see a necessary new realism in UK policy. Security is the new watchword of our times, and to me it means much more than defence against hostile states. We face all sorts of other threats to our security, including, as my hon. Friend the Member for Isle of Wight mentioned, our extreme dependence on supply chains around the world, not only but particularly those in hostile states.
Conservative Members tend to regard “protecting” and “subsidising” domestic industry as dirty words and unorthodox policies. Nevertheless, we see around the world a growing tide of tariff barriers and domestic subsidies. Our great friends in the United States have committed to spending $500 billion on domestic manufacturers, particularly to wean themselves off Chinese imports. I welcome the Prime Minister’s commitments this week to a new US-UK economic collaboration arrangement to secure our common interests and to ensure that we have safe supply chains. We will need to rely more on our allies in future.
As we move from a just-in-time procurement model, we need to recognise, particularly on this side of the House, the role of Government in ensuring economic security. The fact is that £300 billion a year makes the Government the biggest player in the UK economy. As we have heard today, and I pay tribute to the speeches made by Opposition Members, the Government are often not very good at procurement and spending public money for public goods. We could go into the sources and origins of that, but we should recognise that since the late 1990s, and under the Blair and Brown Governments in particular, the model of new public management has created a new doctrine of how Government money should be spent on private sector providers. The principle of introducing internal markets—the purchaser-provider split—was an attempt to ensure greater efficiency, greater value for money and greater responsiveness to the users of public services, and it engendered all sorts of difficulties, too. The hon. Members for Poplar and Limehouse (Apsana Begum) and for Oldham East and Saddleworth (Debbie Abrahams) listed some of them, and I recognise them from my previous work. Providers have to jump through really bureaucratic processes.
There is a concentration of big suppliers. My right hon. Friend the Member for Chingford and Woodford Green has done a lot of good work, although he did not speak about it today, on the importance of SME procurement. Large charities in particular can game the system, in the way that large companies can, to secure Government contracts. The Government often do not buy the best; they buy the service that gives commissioners the least risk. Those suppliers often run rings around Government. In the way services are designed and delivered, we see cost deferrals, with payment pushed back beyond the budget cycle; cost shunting, with different parts of the public sector having to carry the cost for a bad contract; the creaming of the high-value, low-cost clients or services; and the parking of high-cost, low-value services. So the providers, whether they are charitable or commercial, game the system. We see that all time, so all this needs improvement and this Bill takes important steps towards ensuring that.
(2 years, 11 months ago)
Commons ChamberI thank my right hon. Friend for the question, and I understand what he is saying. “Is this all a storm in a teacup?” is the question being asked by my right hon. Friend. The information will be gathered by the Prime Minister. As I said to my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates), whatever that process, I know that the Home Secretary is deeply committed to continuing to deliver on her incredibly important work of delivering for the British people.
The Prime Minister promised integrity, professionalism and accountability. I think we can all agree that the first two were shot long ago, even before this latest incident. As for accountability, he has now taken personal responsibility for this, but I am sure the Minister would agree that the real accountability is now down to the British people at the next general election, which needs to come sooner rather than later.
The British people will know that the Prime Minister will act in a professional and proper manner. He always does, and he is doing so in these circumstances. I believe that it is not totally unknown for the Labour party to have issues of a disciplinary nature that it needs to look at, and I dare say that it has processes. We too have processes, and the Prime Minister will make certain, having gathered the information, that he does next what he feels is right.
(3 years, 4 months ago)
Commons ChamberI thank the hon. Gentleman for his comments. Reform of all parts of the justice system is a priority, but within the spending envelope that we are operating in, we have to spend the money where we can get the best return for our investment. If he has some serious options for how we could spend the money better, I am all ears.
Like the hon. Member for Waveney (Peter Aldous), I have seen extraordinary situations with cases of serious sexual assault where the court case has been listed three years after the attack, in one case, with the victim saying, “I just want to give up and get on with my life.” This is a real challenge. Will the Minister outline what he is doing to get more judges in place, which is one of the brakes on this? When the Public Accounts Committee looked at this, we concluded on the evidence that, even with the interventions he has outlined, the Ministry will only be back on target from where it was with the backlog before covid by about 2024-25.
The hon. Lady raises an important point. There are a variety of reasons why cases can be delayed. It is not just about the availability of the judiciary; sometimes it is the availability of defence and prosecution. There is a particular focus on trying to improve the number of cases that do not come forward because they are incomplete and not ready, and there is a massive campaign to improve the number of available sitting days and courts, but the most important thing is the massive recruitment of 1,000 judges for our criminal justice system.
(3 years, 4 months ago)
Commons ChamberMy right hon. and learned Friend obviously has expertise on this issue. He is absolutely right about that process and the help that it can provide. He will be pleased to know that the Immigration Minister and the Attorney General met the authorities recently. We will look forward to taking forward his suggestions.
In 17 years as a Member of this House, I have never known backlogs, in every avenue of Home Office processing, to be so great and so slow. The Prime Minister asked for suggestions. If he really wants to reprocess the Home Office’s procedures, he could take out the ridiculous rule that people have to renew their indefinite leave to remain every 30 months, putting the same people back through the system to come out with the same outcome. He could, in one fell swoop, reduce the backlog. Will he do it?
I just gently point out to the hon. Lady that the backlog now, difficult though it is, is half as big as it was under the last Labour Government. Unlike then, we will not resort to giving people blanket amnesties, because that is not the right approach.
(3 years, 6 months ago)
Commons ChamberI beg to move,
That, given the exceptional security concerns raised regarding the Rt Hon Member for Fareham serving as Secretary of State for the Home Department, this House:
(1) orders that there be laid before this House, within ten sitting days, a return of the following papers:
(a) any risk assessment of the Rt Hon Member for Fareham by the Cabinet Office or the Prime Minister’s Office relating to her appointment
(b) any document held by the Cabinet Office, the Home Office or the Prime Minister’s Office containing or related to
(i) any security breaches by the Rt Hon Member for Fareham
(ii) any leak inquiries regarding the Rt Hon Member for Fareham, including during her time as Home Secretary and Attorney General
(c) the minutes of, submissions relevant to and electronic communications relating to, any meeting within the Cabinet Office or the Prime Minister’s Office at which the appointment of the Rt Hon Member for Fareham, or advice relating to that appointment, was discussed in a form which may contain redactions, but such redactions shall be solely for the purposes of national security; and
(2) recommends that where material is laid before the House in a redacted form, the Government should at the same time provide unredacted copies of such material to the Intelligence and Security Committee of Parliament.
It is 15 days since the Prime Minister appointed his new Cabinet, and 14 days since it was reported that he had been advised not to reappoint certain Ministers, including the Home Secretary and, it was rumoured, the Minister without Portfolio, the right hon. Member for South Staffordshire (Sir Gavin Williamson), to their posts on the grounds of standards and of security. Fourteen days in which it has been reported that the Home Secretary breached Home Office security arrangements not just once but seven times; that she may have also broken insider trading rules; that as Attorney General she was investigated several times by leak inquiries; that she ignored legal advice on Manston, contrary to her statement to Parliament; and that she failed to take the action needed to solve the dangerous overcrowding at Manston, leaving her successor and predecessor to pick up the pieces, and that she may well have run up a huge legal liability for the taxpayer as a result, breaching the ministerial code again in the process.
It has also been reported that the Minister with Portfolio sent abusive texts to the then Government Chief Whip, that the Prime Minister was told about this and knew the former Chief Whip had put in a formal complaint, and that there are other complaints against the Minister without Portfolio including, most seriously, words used towards a civil servant about slitting his throat or jumping out of windows—words that it is reported the Minister with Portfolio has not denied using.
This is in the space of two weeks. Many people have been appalled by these appointments, and serious doubts have been raised by many Conservative Members who believe standards need to be maintained. The Prime Minister promised us that this would be a break from his predecessors, from the favours-for-mates culture of the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) and from the chaos of the right hon. Member for South West Norfolk (Elizabeth Truss). Instead, the opposite has happened.
People have been appointed to senior jobs in the Cabinet, running the country, not because they can do the job or because they will maintain the high standards and security that the Government need but because of dodgy political deals. Here is what we know: the Home Secretary breached the ministerial code, sent Government documents not only to her private email but to other people outside Government who were not authorised to receive them, including a Back-Bench Member, his spouse, and someone else entirely by accident. She was forced to resign and then, six days later, she was reappointed.
That, in itself, is extremely hard for people outside the Conservative party to understand. For a police officer who breached their code of ethics or who was responsible for security lapses to the point of being forced to resign, or for a civil servant, public appointee or company employee who was found to have broken their employment code or security rules to the point of being required to resign, the idea that they could be reappointed to that same job just six days later is unthinkable—the idea that somehow, because they had apologised in the meantime, six days off is just fine.
I have had letters from upset civil servants who have seen colleagues make lesser misdemeanours and lose their jobs, yet seen the Home Secretary, the woman in charge of national security, hold on to hers. Does my right hon. Friend agree that this shows that there is one rule for the Home Secretary and one rule for everybody else?
My hon. Friend is exactly right on that. It is worse, as the Government do believe that standards on ethics and security should be upheld throughout the public sector or across the economy, just not, it would seem, in the Cabinet—not in the post responsible for upholding the law and for maintaining our security. It really is one rule for them and another for everyone else.
Perhaps the hon. Gentleman will recall that what happened at Napier was that the Government ended up with a huge outbreak of more than 200 covid cases, at the height of a covid crisis, because they were failing to follow basic public health rules and requirements. To be honest, it was an incident that the Home Office again does not seem to have learned from, as we have had outbreaks of diphtheria, MRSA and scabies at Manston. Frankly, if the Home Office and the Government want to solve this properly, they need to address the total collapse in decision making, with just 14,000 decisions being made a year, which is half the number being decided just five or six years ago. That huge backlog has increased as a result of Government legislation that has added to the bureaucracy and made those delays much worse.
The backlog is a hugely significant issue. Among my heavy case load, I have a surgeon who cannot move hospitals because he cannot get his visa turned around, families who are separated and spouses who cannot live together. That is the real human impact. We are turning our back on good people who want to work and live in this country because they are caught in the backlog as a result of the Home Secretary’s actions.
Just before the shadow Home Secretary responds, I say to Members on both sides of the House that this is quite a specific motion on the papers relating to the Home Secretary. It is not a general debate on the Home Secretary or other Government Ministers, so please be mindful of that in any interventions from either side of the House, so that we can focus on what this motion is about.
I do not know the cases to which the hon. Gentleman refers. Every case must be looked at on a case-by-case basis. What we are dealing with here is a circumstance in which a breach of the ministerial code happened. The Home Secretary accepted that. She acknowledged her error; it will not happen again. The Prime Minister had to take a judgment on that basis, and he did.
Once again, the Government have put out the man who defends anything, however bad it is, to speak for them. This is not just a matter of a security leak; it is a fundamental matter of the judgment of the woman who is responsible for our national security—the Minister cannot just brush it under the carpet as a six-day matter. The Home Secretary’s judgment is at stake, and there is no evidence that that judgment is any better today than it was when she made these leaks.
The Home Secretary does not deny that it was an error of judgment; she made that absolutely clear in her letter to the right hon. Member for Kingston upon Hull North, the Chairman of the Select Committee. It was an error of judgment; she recognised that error of judgment, she apologised for it and it will not be repeated.
However, coming back to the motion for return, it is critical to the functioning of government that conversations that occur around appointments are able to take place in confidence. There is therefore a long-standing practice, implemented by Governments of all political persuasions, of protecting that confidentiality. Without the ability to speak freely ahead of an appointment on matters that will be personal, that can be sensitive and that can even relate to personal security, the ability for meaningful advice to be delivered would be massively undermined. Individuals being considered for appointment need to know that they can speak freely and without reservation to the Prime Minister and officials, and if necessary share concerns, without the prospect of confidential information being placed into the public domain.
I wish to reassure hon. Members that appointments in Government are of course subject to advice on matters of propriety. In the formation of this Government, the usual reshuffle procedures were followed, as is appropriate, but the Government firmly and resolutely believe that any information relating to those procedures is not appropriate for publication, either now or in the future.
(3 years, 6 months ago)
Commons ChamberThis morning I had meetings with ministerial colleagues and others. In addition to my duties in this House, I shall have further such meetings later today.
The Prime Minister promised integrity, professionalism and accountability in Government. His Home Secretary has leaked information, is overseeing chaos in the Home Office and has broken the law. What will she actually have to do to get the sack?
The Home Secretary made an error of judgment, but she recognised her mistake and took accountability for her actions. She has now set out, transparently and in detail, a full sequence of events in a letter to the Labour Chair of the Home Affairs Committee and offered to share relevant documents with the Chair. She is now getting on with the job: cracking down on crime and defending our borders, something that the Labour party has no interest in supporting.
(3 years, 6 months ago)
Commons ChamberIt depends on the circumstances. If someone says that they have made a mistake, it is important that their mistake is looked at in the context of the ministerial code, which has a range of sanctions. We all serve and do our utmost, and admitting a mistake, having it recognised and being sanctioned is in itself a serious matter, as I am sure the hon. Gentleman would agree.
We all know that mistakes happen, but the Minister talks as if it were a junior member of staff who had made an inadvertent clerical error. This is a Home Secretary who released secret information through a personal email address. This suggests a pattern of behaviour, and that she thinks it is okay to snap on her phone at 4 o’clock in the morning and make this atrocious mistake. This is much more serious than the Minister is trying to paint it. I had the privilege of serving in the Home Office, and it would never have happened under previous Governments. Will the Minister not demean himself any further and honestly recognise to the House that this is of a different scale than he is trying to present it?
I am not trying to present it in any way other than the known facts, as contained in the Home Secretary’s resignation letter, which set out that she had made a mistake and she apologised for it. The Prime Minister has clearly taken a view and the Home Secretary has returned to Government, and she has a task ahead of her.
(3 years, 9 months ago)
Commons ChamberThe Government are making £6.6 billion available over this Parliament to improve energy efficiency, and nearly half the homes in England are now rated band C or above, compared with 14% in 2010. On the wider point, we need an even bigger focus on energy efficiency in homes and buildings, as it will also help our energy security by driving down demand and bringing down people’s bills.
The Government have had a series of failed programmes on home insulation: the green new deal failed, and the recent green homes grant scheme failed, as the Public Accounts Committee has repeatedly reported. Does the Minister have any confidence that the Government will listen and tackle this major cause of emissions? If it is not tackled, it will put a serious dent in achieving the target of net zero by 2050.
The Government will, of course, respond to the report on the green homes grant, but I point out that some elements of it—the local authority delivery element and the social housing decarbonisation fund—have provided significant amounts of funding.
(3 years, 10 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister has danced on a pinhead here, but as the hon. Member for North East Fife (Wendy Chamberlain) says, we are not just MPs, Ministers or Whips; we also employ staff in this place. Staff, who are often alone in our offices with us, rely on a code and a proper workplace. We do not have that here and this just undermines the support that we should be providing to the many people who work here. We have to get away from the idea of MP exceptionalism and stop dancing on a pinhead. The Minister should heed the words of the hon. Member for Hazel Grove (Mr Wragg) and say, “Enough is enough.”
I agree with the hon. Lady in as much as she says that we need to have care for our employees here. That is something with which we would all agree. In fact, it is this Government who set up the independent complaints and grievance system for staffers from this place to do that. So I ask her to characterise it as something on which we are all on the same side. I urge anyone who has any complaints at any time to make those complaints known. That is how justice is done.
(3 years, 11 months ago)
Commons ChamberThat too is an important point. The opposition to the Prime Minister comes from many different walks of political life—from his own Back Benchers, from some of his predecessors, and, obviously, from Members on these Benches. This is not really a political issue; it is more about the question of what our democracy stands for. If we do not draw a line in relation to these standards and ensure that we hold to them, the public will have a mistrust of politicians, and that is damaging for everyone, not just Conservative Members.
My right hon. Friend has talked about the ministerial code, but let us also consider just three of the Nolan principles: honesty, integrity and openness. We know that there are people in much lower offices in public service who adhere to those principles without question and without problems. Does my right hon. Friend find it regrettable that the Prime Minister does not?
My hon. Friend is absolutely right. Not only does the Prime Minister not adhere to those principles; he deleted them from his own foreword to the ministerial code, which is pretty unbelievable.
I absolutely agree with my hon. Friend. We need look no further than the Prime Minister’s response when it was revealed that the Home Secretary has been bullying her staff. He threw a protective ring around her, pardoning bullying in the workplace and forcing the resignation of his widely respected independent adviser.
Another protective ring was assembled for the former Secretary of State for Housing, Communities and Local Government, who unlawfully tried to save a Tory donor from a £40 million tax bill on a huge property deal. The former Health Secretary’s sister was handed lucrative NHS contracts while a protective ring was denied to care homes up and down this country, leaving residents and staff locked down and terrified as covid swept through the country. It is one rule for them and another rule for the rest of us.
In fact, the only specified sanction in the new ministerial code is for deliberately misleading Parliament. It is right that the sanction for misleading Parliament remains resignation, which is a long-established principle, yet the Prime Minister is still in his place. He remains in his position, clinging on to office and degrading that principle a little more each day. This Prime Minister should be long gone but, despite the majority of his Back Benchers telling him to get on his bike, he cannot take the hint.
The Committee on Standards in Public Life made numerous recommendations, including a proposal to end the revolving door that allowed the Greensill scandal to occur, but they have all been ignored by the Prime Minister. The Advisory Committee on Business Appointments was already a toothless watchdog, but under this Government it has been muzzled and neutered. Forget the revolving door, we have a system in which the door is held wide open for former Ministers who want to line their pockets as soon as they leave office.
ACOBA used to have the power to issue lobbying bans of up to five years for rule breaking, but as the Committee on Standards in Public Life said,
“The lack of any meaningful sanctions for a breach of the rules is no longer sustainable.”
ACOBA should be given meaningful powers, making its decisions directly binding rather than mere recommendations. We must put a stop to the current provision in the governance code for Ministers that enables them to go ahead and appoint candidates who have been deemed inappropriate by an assessment panel.
Urgent reform is required to the process of making appointments in public life, with a stronger guarantee of independence. A number of direct ministerial appointments are entirely unregulated, which must change. Labour supports the proposal of the Committee on Standards in Public Life to create an obligation in primary legislation for the Prime Minister to publish the ministerial code and to grant it a more appropriate constitutional status. I hope the Minister will take note. There is a precedent, as the codes of conduct for the civil service, for special advisers and for the diplomatic service are all on a statutory footing to ensure serious offences are properly investigated. I am sure he would agree it is only right that holders of public office are held to the same standard.
In the early days of Nolan, I was an independent assessor of public appointments, which was a role I took very seriously. Has my right hon. Friend noticed the trend in many public appointments to pack the panel with people with a particular political direction? In one case, a sacked special adviser with limited experience was on a panel for an important role.
My hon. Friend is absolutely right. She does tremendous work on the Public Accounts Committee, deep diving into some of these issues.
The Committee on Standards in Public Life concluded that the current system of transparency on lobbying is not fit for purpose. There is cross-party agreement that change is needed to update our system and strengthen standards in public life. Those standards are being chipped away day by day. It is time to rebuild, repair and restore public trust in our politics.
The Committee on Standards in Public Life has a pre-written, some might say “oven ready,” package of solutions, so let us get it done. After a decade of inaction by this Government, Britain is lagging behind the curve compared with our allies when it comes to ethical standards in government. President Biden has committed to setting up a commission on federal ethics, a single Government agency with the power to oversee and enforce federal anti-corruption laws. The Australian Labour party, which is now in government, has plans for a Commonwealth integrity commission that will have powers to investigate public corruption. In Canada, the ethics commissioner enforces breaches of the law covering public office holders.
Far from keeping up with our global partners, this Government have allowed standards in Britain to wither on the vine. The Government greeted the report of the Committee on Standards in Public Life with complete silence back in November. When the Prime Minister finally got around to updating the ministerial code 10 days ago, he cherry-picked the bits he liked from the report, completely undermining its aim.
As it should, constitutionally. The reality is, as I think the right hon. Lady will confirm, that this does strengthen the position—certainly it does not weaken it. The Committee on Standards in Public Life first made recommendations on the ministerial code and the role of the independent adviser on 15 April 2021, prior to the appointment of Lord Geidt later that same month. At that time, or roughly at the same time, Lord Evans called for greater independence for the independent adviser in the initiation of investigations and publication of findings; and for there to be a “proportionate range of sanctions” available for breaches of the code.
That is not unreasonable. It is perfectly reasonable to have a proportionate availability—a range of options—for someone who has been found to be in breach of the code, just as this House has when Members of Parliament are found to be in breach of the standards expected of this House and just as a military court martial or court of law would have. Currently, the ministerial code does not allow for that range of options, so punishments can be disproportionate.
The right hon. and learned Gentleman always comes to the Dispatch Box and eruditely dances on a pinhead to justify his paymaster. Fundamentally, the difference is that when my party was in government, Ministers were sacked for lesser things than have been done recently, because the Prime Ministers of the day had regard to the standards in public life and had no truck with anyone who crossed the line. That is surely the difference in respect of what we all want to see—and, actually, given what we can see on the Government Benches, what a lot of the Minister’s party would like to see.
I understand the hon. Lady’s wish to paint her party’s former leaders as paragons of virtue, but the important thing—the test—is whether a Minister retains the confidence of the Prime Minister of the day, whether that be a Labour or Conservative Prime Minister.
The Government acted on the recommendations last year. In a letter to Lord Evans on 28 April 2021, the Prime Minister set out the commitment to improving the independence of the investigations process; to providing guarantees of timely publication; and to directly implementing the recommendations of the Committee on Standards in Public Life on graduated sanctions, the independent adviser’s non-renewable term and his secretariat support. All those things strengthen the independent adviser rather than weaken him.
The committee then made further recommendations on the ministerial code and the independent adviser in its report of November last year. The Government considered those recommendations and consulted the noble Lord Geidt, before publishing their policy statement on the ministerial code and the adviser on 27 May.