Ministerial Severance: Reform
Michael Gove Excerpts(2 months, 2 weeks ago)
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The Parliamentary Secretary, Cabinet Office (Alex Burghart)
I would like to begin by wishing the hon. Member for Putney (Fleur Anderson) a very happy birthday. We are delighted to be spending it with her in these conditions.
We can only imagine the scenes—the absolute scenes—in Labour HQ that preceded this debate: the heirs to Bevan, Attlee, Wilson and Mandelson wrestling with the great issues of the day and wondering what they would bring to the mother of all Parliaments for this Opposition day debate. Would it be the war in Ukraine, the future of NATO, conflict in the middle east, the situation in the Red sea, Children’s Mental Health Week, the failure of the NHS in Labour-run Wales, the collapse of Labour-led Birmingham, National Apprenticeship Week, the Mayor of London’s failure to control crime, deepfakes and the future of democracy, the strength of UK manufacturing or the halving of inflation? No, the eureka moment, when it came, was reform of the Ministerial and other Pensions and Salaries Act 1991. Yay! They have waited 33 years for this moment, and now they are going to strike. We can imagine the panic giving way to relief as they set about handing out their lines to eager Back Benchers.
This motion has given the country something it did not have before: that rarest of beasts, that most elusive of fowl, the red squirrel or red-footed booby of politics—a Labour policy. To be fair, it is not utter chod. The truth is that the legislation from 1991 has been on the books for a very long time—a third of a century—and it is due for review, and when that time comes, it will be right to consider a number of things. It will be right to consider the length of service and severance pay, it will be right to consider those who swiftly re-enter work after a period out of it, and it will be right to consider the status of those who are under investigation when they lose their job. I say “consider” very specifically, because—as you, Mr Deputy Speaker, and the whole House will know—that is how we legislate in this place: we consult, we debate and we consider. When this subject is next considered, there will be other issues that Labour did not have time to put in its motion as it was scrabbled together at the last minute.
My hon. Friend the Member for North East Bedfordshire (Richard Fuller) asked whether there should be severance pay at all, and that would need to be debated. My hon. Friend the Member for Bracknell (James Sunderland) asked whether the law on over-65s and severance pay is right, and that needs to be considered. A number of hon. Members questioned the status of former Prime Ministers, and that should be considered. There will be other issues—many other issues—and, as I say, when the time comes to do this, the Government will consult, consider and allow proper time for debate, not the less than two hours that the Labour motion would give for Committee stage of this legislation. It is an absolutely ridiculous way of going about trying to pass legislation.
Alex Burghart
It is, as my right hon. Friend says from a sedentary position, amateur.
This Government are not going to legislate on this issue before the general election, not because the issue is not important, but because there are other things that are more important. It is because we understand priorities and we understand our constituents’ priorities, which was a point very well made by the Minister without Portfolio, my right hon. Friend the Member for Tatton (Esther McVey). We will be legislating to support renters and leaseholders, to back a free press with our Media Bill, and to strengthen law and order with our Sentencing Bill, the Criminal Justice Bill and the Victims and Prisoners Bill. We will be strengthening animal welfare, strengthening our economy with the Digital Markets, Competition and Consumers Bill and the Data Protection and Digital Information Bill, and giving greater power to our national security forces with the Investigatory Powers (Amendment) Bill. We are doing all these things and more, because they are our priorities and they are our voters’ priorities.
We look forward to the next Conservative Government after the next general election having a chance to consider these and many other issues, but it will be done properly, not in a panicked Opposition day debate by a desperate Opposition scrabbling for something to say. As my hon. Friend the Member for Southend West (Anna Firth) said, this is a “smokescreen” for a lack of policy. It is a political game, and this Government will not support it.
Question put.
Doncaster Sheffield Airport
Michael Gove Excerpts(1 year, 6 months ago)
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Katherine Fletcher
The hon. Gentleman may be able to guess from my accent that London is not always at the forefront of my mind when making decisions. As he well knows, Doncaster airport does not have any domestic internal flights, and airlines will set those up primarily from the perspective of commerciality. I agree with him about the importance of regional connectivity. On how communities can best work together to engage with what airports want and how regional connectivity work, I refer him to models mentioned previously in which other airports have a mixture of private and local engagement that really grounds operations within them. On the position on VAT, I am afraid that I will have to write to him rather than commit a snafu at the Dispatch Box.
Michael Gove (Surrey Heath) (Con)
The Minister mentioned the Civil Contingencies Act earlier. She knows—indeed, the whole House knows—that it is a very specific piece of legislation that is intended only to be invoked in the face of a military assault, a terrorist attack or an unprecedented threat to the life of the nation. It is frivolous for the Opposition to call for it in this way, and they know that were it to be invoked by her or any other Minister, it would be subject to judicial review and struck down in the courts. Can she remind us of anywhere else that a mayoral combined authority has constructively acquired an airport, and might the person who did so be a Conservative who is more interested in delivering for people than in posturing on the Floor of this House?
Katherine Fletcher
It is important to commend hugely the work that has been happening at Doncaster airport with the National Police Air Service fixed wing, as well as 2Excel Aviation, the commercial company that in no small part is a preventive for oil spills and provides other important environmental protections. Not only is my right hon. Friend correct about the scale of intervention under the Civil Contingencies Act, but 2Excel has confirmation that it can meet its contracts and determinations in a different way with contingency plans, even further lowering that. I thank Members for their service, but this is not the nature of the emergency for which the Act was set up by a previous Chancellor of the Duchy of Lancaster in 2004.
Confidence in Her Majesty’s Government
Michael Gove Excerpts(1 year, 9 months ago)
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Stewart Malcolm McDonald
Not all interventions are best made on your feet, as the hon. Gentleman has showed with great grace.
As far as this is viewed in Scotland, for all that we have heard not just from the leadership candidates, but from the Prime Minister himself—indeed, he was at great pains to name the various red wall constituencies that his big blue Tory ferret paraded through—it is worth noting that in Scotland, his party continues to go backwards any time the electorate face a ballot paper in their constituencies. The Tories have not won an election in Scotland since the 1950s, and the idea that we are frightened of any of these contenders now is for the birds. They will lose more elections in Scotland.
The chaos actually started with David Cameron; it is not all the fault of the current incumbent of No. 10, let us be honest. I can see that the right hon. Member for Rayleigh and Wickford (Mr Francois) at least agrees with me on that. All the chaos that has flowed from the 2016 referendum has only made the case for a strengthening—a strengthening—of Scottish democracy, which I know the right hon. Member for Surrey Heath (Michael Gove) takes seriously. There will be a referendum on Scottish independence.
Stewart Malcolm McDonald
The right hon. Member can shake his head as much as he likes. The reason why there will be one is that, like many Government Members, the public are free to change their minds. They are free to give a Government in Edinburgh a mandate, as they did in 2011, to ask that question on Scottish independence again. We rejected this rancid, squalid Brexit, which he sits there smiling about, and that is how we will reverse it in Scotland. Labour has shown us that there is no route to do it via Westminster. The only way to do it is for Scots to take their future into their own hands and create such a path back into the European community, where we belong. We will do that with our independence referendum in 2023, and I look forward to the Scottish people voting for it with enthusiasm.
Cross-Government Functions and Digital Delivery
Michael Gove Excerpts(2 years, 9 months ago)
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The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
The covid-19 pandemic has strained our country’s resilience like nothing we have seen out of wartime, and the public have endured huge sacrifices. Our mission now is to respond by transforming the country for the better, levelling up, and making opportunity more equal. To achieve these changes, Government must be reformed.
The recently published “Declaration on Government Reform”, set out a plan for the renewal and rewiring of Government, as a means to deliver the better Britain that the public demands and deserves. As part of its focus on improving performance, the declaration committed to improving the cross-Government functions and strengthening standards and spending controls, to ensure the Government are delivering both excellence and value for money.
The Government are today publishing two independent and separate reports which each contain recommendations on how to improve the cross-Government functions and digital delivery. These two reports are:
1. A review of the cross-cutting functions and the operation of spend controls, by the right hon. Lord Maude of Horsham; and
2. Organising for digital delivery report presented to the Digital Economy Council.
Lord Maude’s advice and the “Organising for Digital Delivery” report presented to the Digital Economy Council are critical to driving reform activity within the cross-Government functions, and the reports were invaluable input in finalising the commitments and actions in the declaration.
Lord Maude’s recommendations are centred around a strong functional model with three essential elements of leadership, capability and mandate. Strong progress is being made on the functional reform activity, overseen by myself and Lord Agnew, and a board chaired by Alex Chisholm, the chief operating officer for the civil service. Some examples of progress so far include:
New leadership put in place for the digital data and technology function, as announced in January this year. This included the establishment of the central digital and data office to work with the Government digital service and lead the digital, data and technology function for Government, also taking on responsibility for the Government automation taskforce.
The Infrastructure and Projects Authority’s publication of its mandate in January, which sets out clearly its own responsibilities and those of departmental accounting officers for major Government projects and programmes. This is critical to making sure they are set up for success from the outset, supporting the Government to meet their ambitions.
Steps have been taken to strengthen spending controls, and increase their reach and effectiveness. More organisations are now in scope and the controls are being applied more consistently within Departments.
Lord Maude’s report advises on the need to set in train (or complete, where already underway) assessment and accreditation programmes; multiple functions are actively exploring how this should be achieved. Investment in professional expertise, recognising its importance, will be an integral part of Government functions. For example, the training and accreditation of contract managers across Government is being led by the Government commercial function, which is critical to driving excellent value for money for taxpayers.
We are implementing a programme of modernisation to strengthen and unify the communications profession across Government, to provide more efficient, responsive and effective communication which delivers Government priorities with one voice. This will build fulfilling careers for people and allow us to attract and develop the best talent.
The shared services strategy for Government was published in March 2021. Following Lord Maude’s advice, and working across Government, a core element of the strategy is the plan to consolidate all back office services into a maximum of five centres. This will achieve better quality services for staff, better people data and reduced cost, encouraging greater collaboration and improving interoperability across Government.
Copies of both reports have been placed in the Libraries of both Houses.
[HCWS247]
Indemnification to UNFCCC: Notification to Parliament
Michael Gove Excerpts(2 years, 9 months ago)
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The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
I am writing to notify Parliament of a contingent liability that will be created when the Government sign the host country agreement for hosting the 26th session of the conference of the parties to the United Nations framework convention on climate change (UNFCCC), known as COP26.
The host country agreement (HCA) will be signed in October 2021, ahead of the conference taking place in Glasgow in November. The HCA includes a standard liability clause, which commits the host country to indemnify the UN or its personnel against any successful claim in respect of the conference.
To mitigate against HMG being liable for covering incidents outside of our control, we have asked the UNFCCC to take out an insurance policy to cover claims arising from misconduct or negligence on the part of UNFCCC or its personnel, which they are willing to do and have done for previous COPs.
We believe it is appropriate to provide this indemnity to the UN as it is a mandatory requirement for host countries of COP. Although the liability is technically uncapped, my officials have reviewed incidents at previous COPs, and have assessed that the risk of the indemnity being called upon is low.
[HCWS223]
Senior Salaries Review Body Report
Michael Gove Excerpts(2 years, 9 months ago)
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The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
I am today announcing the Government's decision on pay for the senior civil service, senior military, senior managers in the NHS and the judiciary.
The Government recognises that public sector workers play a vital role in the running of our public services, including in their remarkable commitment to keeping the public safe in the continuing fight against covid-19.
The Government received the senior salary review body’s report on 2021 pay for the senior civil service, senior military, senior managers in the NHS, and the judiciary on 28 June 2021. This will be presented to Parliament and published on gov.uk.
The Government welcomes the senior salary review body’s report and is grateful to the Chair and members for their valuable advice, observations and strategic recommendations outlined within it.
As set out at the spending review (2020), there will be a pause to headline pay rises for the majority of public sector workforces in 2021-22. This is in order to ensure fairness between public and private sector wage growth, as the private sector was significantly impacted by the covid-19 pandemic in the form of reduced hours, suppressed earnings growth and increased redundancies, whilst the public sector was largely shielded from these effects. This approach will protect public sector jobs and investment in public services, prioritising the lowest paid, with those earning less than £24,000 (full time equivalent) receiving a minimum £250 increase. The pause ensures we can get the public finances back onto a sustainable path after unprecedented government spending on the response to covid-19.
In line with this, the senior salary review body was not asked to make any recommendations for consolidated pay increases for its remit group this year.
This is the first year the senior salary review body’s remit group has been expanded to include all very senior managers (VSMs) within the NHS and executive senior managers (ESMs) within the Department of Health and Social Care’s (DHSC) arms-length bodies. They were asked to make observations on the current levels of pay for this group to use as a baseline for future years. The Government are pleased that the senior salary review body agrees that existing pay levels are appropriate and that their observations broadly reflect existing themes within the development of a new pay framework for VSMs within the NHS.
The senior salary review body made no specific pay recommendations for the 2021-22 pay year for the senior civil service and judiciary and made two recommendations for the senior military.
The Government accept the senior salary review body’s recommendation to change the annual incremental progression date for senior military officers from 1 April to the anniversary of the date of promotion for senior military officers of 2-star rank and above.
The Government accept the senior salary review body's recommendation to maintain the current pay differentials for senior medical and dental officers.
[HCWS231]
English Votes for English Laws
Michael Gove Excerpts(2 years, 9 months ago)
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The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
Today, I am informing the House that the Government intend to bring forward a motion for the House of Commons to consider whether to amend the Standing Orders to remove the English Votes for English Laws procedure from the legislative process in the House of Commons.
The English Votes for English Laws procedure, which was introduced in 2015, amended the legislative process for the purpose of providing MPs representing English constituencies—or those representing English and Welsh constituencies—the opportunity to have an additional say on matters that applied to England—or England and Wales only.
It also applies to legislation introducing a tax measure that affects only England, Wales and Northern Ireland, which must be approved by a majority of MPs representing constituencies in those areas.
The English Votes procedure does not apply to the legislative process in the House of Lords, although it is the case that amendments made in the Lords which apply to England—or England and Wales—only are subject to a double majority vote in the House of Commons.
The procedure was introduced as more powers were being devolved to the Scottish Parliament and Senedd but does not reflect the unique nature of the UK Parliament and the principle that all parts of the UK should be, and are, represented equally in the UK Parliament.
The introduction of the procedure in 2015 added additional stages to the legislative process in Parliament and in doing so introduced complexity to our arrangements and has not served our Parliament well. This Standing Order reform is a sensible change that will ensure the effective operation of the legislative process.
Removing English Votes for English Laws does not change the fact that MPs with constituencies in England—and indeed MPs who represent constituencies across the UK—have a strong voice and role in the UK Parliament.
It is a fundamental principle that all constituent parts of the United Kingdom should be equally represented in Parliament, and Parliament should deliver for the whole UK. The operation of this procedure—and the constraints on the role of certain MPs—does not support this aim.
Rather than maintain this procedure, the Government shall on 13 July bring forward a motion in the House of Commons so that MPs can debate whether the English Votes procedure should be removed from the legislative process.
[HCWS169]
Oral Answers to Questions
Michael Gove Excerpts(2 years, 9 months ago)
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Marion Fellows (Motherwell and Wishaw) (SNP)
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
As you quite rightly point out, Mr Speaker, football is indeed coming home. I cannot possibly understand why attendance is so scant on the Government Benches this morning.
The Government regularly commission research across the United Kingdom to understand public attitudes in order to inform and help to deliver relevant policies, and to ensure that we have strong, UK-wide, cross-Government communications campaigns.
Allan Dorans
Last month, the first-tier tribunal on information rights ruled that the Cabinet Office must release polling information that it has gathered on attitudes to the Union in Scotland within a month. Will the Minister confirm that he will be releasing that information, as he has been ordered to do, and whether he will also release the details on how much that information cost to collect?
Michael Gove
The hon. Gentleman refers to a case that was brought to the first-tier tribunal by the hon. Member for Edinburgh East (Tommy Sheppard). We are reviewing how we can comply with the first-tier tribunal’s judgment.
Marion Fellows
In the Chamber last month, the right hon. Member for Forest of Dean (Mr Harper) astutely summarised, speaking of his own Tory UK Government:
“When the Government do not publish something, it is normally because it is bad news and they are trying to hide it away.”—[Official Report, 22 June 2021; Vol. 697, c. 761.]
Will the Minister say whether that holds true for his Department’s intended-to-be-secret polling on the Union? If it does not and the Union is indeed as strong as he and his ministerial colleagues agree, what reason do the Government have for fighting the release of this information for years?
Michael Gove
The hon. Lady refers to my right hon. Friend the Member for Forest of Dean (Mr Harper). He is a former Chief Whip, and, as a member of that broederbond, I know that there can sometimes be a tendency to prefer discretion rather than transparency, but in my current role I am all in favour of transparency. Indeed, we do not need to look anywhere other than the current public opinion polls, which show that support for independence is declining and support for the United Kingdom is increasing.
Stewart Hosie (Dundee East) (SNP)
The High Court ruling by Justice O’Farrell concluded that the Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster acted with “apparent bias” in the “unlawful” action when he awarded contracts to his chums at Public First, who had previously worked as advisers to him, to the Prime Minister and, of course, for Dominic Cummings. How can the Minister justify siphoning off many tens of thousands of pounds from covid recovery work to fund this highly political research, which is obviously designed to inform the no campaign in the next independence referendum?
Michael Gove
I hesitate to correct the hon. Gentleman, but Lady Justice O’Farrell did not find that I had operated with any form of bias—apparent, actual or otherwise. That is a misreading of the court judgment.
The Scottish Government have received more than £180 million from the UK Government in covid recovery funds and it is not yet the case that the Scottish Government have published how a penny of that money is being spent, so before asking for greater transparency from this Government, I think it would be appropriate if the hon. Gentleman were to ask his colleagues in the Scottish Government to publish accounts for every single penny that has been received and how it has been spent so that we can be assured—as I am sure will be the case—that the Scottish Government have used their resources appropriately to fight covid.
Stewart Hosie
The question was about the Minister’s actions, not about anyone else. It would be better if he paid attention to his own work. Given that we already know attitudes, and that, over time, support for independence has risen considerably and support for the Union has declined, is it not more than passing strange that the Minister was so desperate to hand Public First these contracts without competitive tender, were there not to be a second independence referendum? But, more importantly, given that the contract was not restricted to immediately required work, is it not hugely suspicious that such subterfuge was used to funnel taxpayers’ money so quickly to Public First, effectively using taxpayers’ cash as a bottomless Unionist slush fund?
Michael Gove
A bottomless Unionist slush fund sounds like a great thing, but unfortunately it does not exist. I am afraid that I refer the hon. Gentleman again to the judgment. The contract was not awarded by me and it is not the case that I was found to have acted with any actual or apparent bias, because I did not award the contract. I recommend that he has a close look at what Lady Justice O’Farrell actually concluded.
Bob Blackman (Harrow East) (Con)
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
Levelling up is at the heart of the Government’s covid recovery agenda, and I am in daily contact with Cabinet colleagues. Through the levelling up fund, we have already committed £4.8 billion of support for local projects that will spur regional growth and improve the lives of local people across the whole United Kingdom. Later this year we will publish a levelling up White Paper.
Mrs Miller [V]
If you are in a low-paid job in our country, you are still more likely to be a woman than a man. That is no good for a country that values aspiration, no good for productivity and no good for our economy. Given the focus at the G7 on equal opportunity for women at work, will the Government’s White Paper on levelling up recognise this problem and focus on levelling up for women throughout the United Kingdom?
Michael Gove
As a distinguished former Equalities Minister and former Chair of the Women and Equalities Committee, my right hon. Friend is absolutely right: more must be done as part of levelling in order to ensure that women have the opportunities that they deserve and are paid fairly, and that we make use of everyone’s talents across the whole United Kingdom.
Jacob Young
The Tees valley is already beginning to see the Government’s levelling up agenda in action through its plans for the northern economic campus in Darlington, the UK’s largest freeport in Redcar, and the continued work in collaboration between the UK Government and Tees Valley Mayor Ben Houchen. When will we start to see the civil service jobs relocated to the Tees valley, and does my right hon. Friend agree that it would be wrong to cut train services between Teesside and London at a time when our area is growing again?
Michael Gove
My hon. Friend is absolutely right to mention Ben Houchen, the Gareth Southgate of local government. It is appropriate that, as the Treasury and the Department for International Trade are recruiting new roles in Darlington and there is more investment in Teesside, we must make sure that we have proper connectivity, including first-class rail travel as well as improved digital connectivity.
Giles Watling [V]
I thank my right hon. Friend for his earlier answer. The Government’s levelling up agenda is laudable, and in Clacton some progress has been made. I am doing the best I can to inform residents in the area of what the Government are doing. There is a feeling of being left behind locally, however, so what are the Government doing to communicate more widely what they have been and will be doing for the people of Clacton and other left-behind communities? Will my right hon. Friend come back to the sunshine coast and join me to raise awareness of the Government’s important work?
Michael Gove
I absolutely will. There is nothing left behind about Clacton and Frinton and the communities that my hon. Friend so ably represents, and I look forward to visiting them. I understand that there is a fantastic local community theatre that he has played a part in championing, among many other local endeavours. Levelling up is about culture as well as connectivity. I look forward to coming to Clacton and making sure that it is firmly on the map and at the centre of our levelling up plans.
Sir David Evennett [V]
Does my right hon. Friend agree that the Government’s ambitious plans for levelling up are for the whole of the UK, including London and its economy, which has been especially badly hit by the pandemic?
Michael Gove
My right hon Friend is absolutely right. He is a brilliant advocate for south-east London and for business. I look forward to working with him to ensure that there is improved connectivity and that London, which has suffered particularly badly as a result of the pandemic, is at the heart of our plans for economic recovery.
Cat Smith (Lancaster and Fleetwood) (Lab) [V]
Labour believes that it should be an explicit priority of this Government that when it comes to public procurement we should be buying more from British companies. In the Government’s document, “National Infrastructure and Construction Procurement Pipeline 2020/21”, the procurement contracts in the pipeline are worth £37 billion. Can the Chancellor of the Duchy of Lancaster tell the House how much of this was awarded to British companies? If not, what does that say about the Government’s priorities for British business?
Michael Gove
I am delighted beyond words that the hon. Lady believes that we should procure more, buy more and invest more in Britain. All that is now possible as a result of our departure from the European Union and our liberation from its procurement rules. The procurement Green Paper brought forward by my noble Friend Lord Agnew will ensure that more UK businesses—more Scottish businesses, Welsh businesses and Ulster businesses—get Government pounds to do even better for all our citizens.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
Clive Efford (Eltham) (Lab)
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
The placement of security cameras in Departments is a matter for each individual Department.
Clive Efford
This issue came to light because of a bit of kiss and tell, and I am not really interested in that, but it does bring out the question of just exactly who has access to this sort of surveillance and the security of Government. When can we expect some sort of a response from the Government to explain just exactly what has been going on?
Michael Gove
The hon. Gentleman raises an important and serious issue. The permanent secretary at the Cabinet Office and the head of the Government Security Group are looking at precisely this question because, as the hon. Gentleman quite rightly points out, it has a bearing on the security of Government business, and indeed on the possibility of malicious actors, abroad or elsewhere, who may wish to use information garnered in that way to work against the interests of all our citizens.
Ellie Reeves (Lewisham West and Penge) (Lab)
Alun Cairns (Vale of Glamorgan) (Con)
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
Cabinet Office Ministers regularly engage with the Welsh Government and all the devolved Administrations as part of the Government’s continued collaborative working arrangements. I have had recent discussions with Welsh Government Ministers on subjects such as covid-19, the G7 summit and, of course, elections. Since 2021, all ministerial engagements between the Governments of the United Kingdom are published in quarterly reports.
Alun Cairns [V]
The Welsh Government recently proposed the most radical constitutional change for the whole of the United Kingdom, seeking to change our Union of four nations to a federal structure. Can my right hon. Friend tell me whether he was part of those discussions in any way, in view of the impact they would have for every part of the United Kingdom? Does he share my dismay that the Welsh Government are focusing on constitutional change during a covid pandemic when our focus must be on recovering healthcare, improving education standards and creating jobs? Does he agree that our Union of four nations and constitutional stability offer the best prospect of delivering those outcomes?
Michael Gove
Yes, my right hon. Friend is absolutely right. I have the highest regard for the First Minister of Wales, Mark Drakeford, and I enjoy working with him. I do not doubt his commitment to public service, but we do disagree on this question. I think my right hon. Friend is absolutely right that the Welsh Government’s focus, as the UK Government’s focus is, should be wholly on the covid crisis and on economic recovery at this time.
Duncan Baker (North Norfolk) (Con)
Mr Richard Holden (North West Durham) (Con)
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
The Government are committed to relocating 22,000 civil service roles from London by the end of the decade. Our “Places for Growth” portfolio is a vehicle to ensure that between now and 2030 the civil service becomes better connected with the people and communities it serves. A number of Departments have already made announcements about relocation, and further announcements will be made in due course.
Peter Gibson [V]
I thank my right hon. Friend for that answer. Whether because of the 750 civil service jobs in the Treasury, the 500 senior civil servants from the Department for International Trade or the 100 Department for Business, Energy and Industrial Strategy officials, the Westminster-on-Tees new economic campus is set to be a busy place. Does he agree that moving civil service jobs outside London is vital to ensuring that communities across the country are reflected in national policy decisions?
Michael Gove
“100%”, as they say on “Love Island”. My hon. Friend is completely right. We must ensure that we make use of the fantastic local talent that there is in the north-east and County Durham so that people whose voices have not been heard loudly enough in the corridors of power are properly represented.
Mr Holden
I welcome the moves to the constituency of my hon. Friend the Member for Darlington (Peter Gibson), but the new joint administration just up the road in County Durham has been left high and dry with a £50 million county hall bequeathed to it by the previous Labour administration. To prevent it from becoming an enormous white elephant—a totem to Labour’s hubris in its administration of County Durham for over 100 years—will my right hon. Friend commit to working with the new joint administration in Durham County Council to explore all the possibilities that this new facility might have?
Michael Gove
I absolutely will. It is horrific that so much public money has been misused by the former Labour administration in Durham County Council and that the people of that county have been so poorly served. I will of course absolutely investigate that, but I should say that if it was a choice between Durham and Consett for the relocation of Government jobs, I would choose Consett every time.
Henry Smith (Crawley) (Con)
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
As the Prime Minister has already confirmed, the public inquiry into covid-19 will be established under the Inquiries Act 2005, with formal powers to compel the production of relevant material and to take evidence in public under oath. The Government will, of course, co-operate with the inquiry fully.
Andrew Gwynne [V]
Can the Chancellor of the Duchy of Lancaster confirm whether using private email accounts to discuss sensitive Government business is in breach of the Freedom of Information Act, the Official Secrets Act, the Data Protection Act or the Public Records Act, which make requirements on the use of Government information? Will he guarantee today that all Ministers’ private email accounts will be available to the public inquiry into the Government’s mishandling of the covid pandemic?
Daniel Zeichner (Cambridge) (Lab)
Steve McCabe (Birmingham, Selly Oak) (Lab)
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
My Department, along with the Leader of the House, has been reviewing the English votes for English laws procedure. The procedure has been suspended since April 2020 and, having reflected on the procedure, the Government believe that it has not served our Parliament well and that removing it would simplify the legislative process. It is a fundamental principle that all constituent parts of the United Kingdom should be equally represented in Parliament. Any changes, of course, would be for the House to decide and we will bring forward a motion in due course.
Steve McCabe [V]
How would the right hon. Gentleman reassure a member of the public who thinks that a Minister using a personal mobile phone to conduct Government business is trying to evade scrutiny because they have something to hide?
Michael Gove
I would reassure them by saying that all Government business is transacted through civil service colleagues, and that in order to ensure that a single penny of taxpayers’ money is spent, or that a single decision is taken, that might infringe, or enhance anyone’s liberty, it has to go through the process of review, legislation and action, which civil servants and Ministers do together in a way that is always clear, transparent and publicly accountable.
Mr William Wragg (Hazel Grove) (Con)
In the inquiry by the Select Committee on Public Administration and Constitutional Affairs into the collapse of Greensill Capital, many of our witnesses so far have prayed in aid the advice given to them by Sue Gray, who at the time was director general for propriety and ethics at the Cabinet Office. She was invited to attend our Committee on Tuesday; her office initially accepted that invitation, but I am told that she has now declined it on the advice of those more senior at the Cabinet Office. It is vital that the Committee be able to hear from Ms Gray, given that she was mentioned so many times by others. May I therefore ask my right hon. Friend the Chancellor of the Duchy of Lancaster to ensure that she will attend on Tuesday as planned?
Michael Gove
My hon. Friend chairs the Committee brilliantly, but there are rules—the Osmotherly rules. They stress that serving civil servants act only in accordance with the wishes of Ministers and therefore it is rarely appropriate for them to appear to be questioned in the way that my hon. Friend would like. So I am ready, willing and able to appear in front of the Committee, but it is my view that it would be inappropriate for a serving civil servant to appear in the way that my hon. Friend requests.
Angela Rayner (Ashton-under-Lyne) (Lab)
Football is indeed coming home, but I also think that the chickens are coming home to roost for this Government. The Government’s spokesperson said last week that
“there was no high priority lane for testing suppliers…and there was no separate ‘fast track process’”.
Can the Minister for the Cabinet Office tell me what exactly the role was of the consultant to the testing procurement programme who described his role as
“to lead VIP stakeholder engagement with…Lord…Bethell”,
who is still somehow a Minister. If there is no fast track, why did the right hon. Gentleman’s own procurement director order officials to mark bids that came from Ministers’ email addresses as “fast track”?
Michael Gove
There were lots of interesting questions there. The first thing that I should say is that Lord Bethell is doing a fantastic job in the Department of Health and Social Care. I think that it is quite wrong for the right hon. Lady to cast aspersions on his dedicated public service and the work that he has done as Minister for Innovation.
The second thing that I should say is that every single procurement decision went through an eight-stage process in order to ensure that every single piece of personal protective equipment, or everything—[Interruption.] Useful commentary there from the Alan Hansen of politics, but the truth is that actually we have always been in compliance with the rules, unlike the Scottish Government. Audit Scotland has pointed out to the Scottish Government that they need to do better, and indeed they must.
Angela Rayner
I listened to the Minister’s answer, and I can tell him that Lord Bethell is no Sterling. The Prime Minister’s official spokesperson stated last week that no Ministers had used private emails to conduct Government business. Surely the Minister now accepts that that is untrue. Will he tell us when the Prime Minister will correct the record?
I listened to the Minister’s response to my hon. Friends the Members for Denton and Reddish (Andrew Gwynne) and for Birmingham, Selly Oak (Steve McCabe). We have already submitted freedom of information requests to seek the publication of emails, but will the Minister agree now to publish every such email about Government contracts? Can he make a guarantee to the House today for bereaved families—including my hon. Friend the Member for Slough (Mr Dhesi), who made a very passionate speech at Prime Minister’s questions yesterday—that every single one of those emails is secured for the public inquiry?
Michael Gove
The right hon. Lady quite rightly refers to the very powerful question from the hon. Member for Slough (Mr Dhesi), and I think all of us deeply sympathise with the family loss that he has had to endure, as so many others have had to. It is precisely because we take these things seriously that we took steps to ensure that we could source personal protective equipment as quickly as possible. Of course, we did so in a way that was entirely consistent with good procurement practice. We used the measures that were used by the Labour Government in Wales and by the SNP Government in Scotland to ensure that we could get things to the frontline as effectively as possible and in accordance with fair procedure.
Scott Benton (Blackpool South) (Con)
Michael Gove
My hon. Friend is absolutely right. If we reflect on how public-spirited individuals such as Alan Halsall and Darren Grimes were treated, I think it was quite right for the new head of the Electoral Commission to issue an apology. The Speaker’s Committee on the Electoral Commission is a means by which parties across this House can ensure that the Electoral Commission does its important job, and the Elections Bill will ensure that the Speaker’s Committee and others play an important role in making sure that the Electoral Commission does its job properly.
Ruth Jones (Newport West) (Lab) [V]
Michael Gove
The hon. Lady raises an important question. Action is being taken by the Transport Secretary, and the issue was discussed earlier this week at Cabinet. I am also working with Lord Frost to ensure that we can have free-flowing freight and that we get the goods that we need to consumers in a timely fashion.
Henry Smith (Crawley) (Con) [V]
Michael Gove
Yes, my hon. Friend is absolutely correct. In a former life he was a distinguished leader of West Sussex County Council and, as such, he knows how important it is to the delivery of public services to ensure that one has appropriate metrics, one shares data and that one uses digital innovation to improve service delivery. I look forward to working with him to improve Government delivery in just that way.
Daniel Zeichner (Cambridge) (Lab)
Michael Gove
It is not my job to monitor the personal emails of all my colleagues. If I did, I suspect—[Interruption.] Well, it might be quite interesting, actually; quite entertaining. The key thing is you cannot conduct Government business from private email to private email. The only way you can conduct Government business is through civil servants.
Paul Howell (Sedgefield) (Con)
Michael Gove
And indeed Peterlee. My hon. Friend makes a very important point. As we heard earlier from my hon. Friend the Member for North West Durham, it is a pity that the Labour administration in County Durham have squandered County Durham taxpayers’ money in the way that they have, but the point that my hon. Friend makes about the Advanced Research and Invention Agency’s potential location in the north-east and in Durham is a very good one, and I will discuss it with the Business Secretary.
Rosie Cooper (West Lancashire) (Lab) [V]
Michael Gove
We are only following what the Labour party does. It was the Labour party that introduced the requirement for voter ID in Northern Ireland, as the Minister for the Constitution and Devolution, my hon. Friend the Member for Norwich North (Chloe Smith) pointed out earlier. It is also the case that one can vote in internal Labour elections only by using voter ID. I do not know whether there is an internal Labour election coming up soon. The shadow Chancellor of the Duchy of Lancaster, the right hon. Member for Ashton-under-Lyne (Angela Rayner), will be better informed on that question than me—[Interruption.] Sorry! Anyway, to vote in a Labour election, you need voter ID.
Harriett Baldwin (West Worcestershire) (Con)
Michael Gove
My hon. Friend makes a very good point. We do not currently have plans to do that, but she makes a fair point. As everyone knows, for the remaining hereditary peerages in the House of Lords, when an hereditary peer in any one of the party or Cross-Bench groups passes away, there is a by-election among those who are eligible, but at the moment in nearly every case the franchise and candidacy is restricted to men. That is something we should definitely look at.
Kate Osamor (Edmonton) (Lab/Co-op) [V]
Michael Gove
The hon. Lady raises an important point. There is much that we need to do to ensure the more effective inclusion in civic life of Gypsy, Roma and Traveller individuals. First, we must start with making sure that they receive a higher quality of education than is currently the case. Gypsy, Roma and Traveller children are among those with the worst educational outcomes and we need to address that in order to make sure that they play their full part in public life. But there is absolutely no evidence that the requirement for voter ID will do anything to discriminate against Gypsy, Roma and Traveller individuals.
Douglas Ross (Moray) (Con) [V]
Michael Gove
My hon. Friend makes a very important point. When I was in the north-east and the Western Isles recently, I heard individuals and businesses crying out for economic support. When I explained that the UK Government had given significant sums to the Scottish Government in the covid crisis to deal with the emergency, the question was, “How has it been spent?” Because there has been no accountability and no transparency on the part of the Scottish Government. We have no idea how that money has been spent and the Scottish Parliament does not yet have the powers necessary to get that information. However, Her Majesty’s Treasury can ask tough questions and require information to be shared, and unless the Scottish Government are more transparent, I will have to consider how I can work with Ministers and with my hon. Friend to make sure that Scottish taxpayers know where their money has gone.
Kenny MacAskill (East Lothian) (Alba) [V]
Michael Gove
No. This Government are committed to devolution. Like the Labour party and the Liberal Democrats, we believe in a United Kingdom that gets the best of both worlds: a strong Westminster Government working with strong devolved institutions. Of course, I recognise that, in the spirit of providing the Scottish people with a choice, the hon. Gentleman decided to leave the Scottish National party in order to set up, with Mr Salmond, the Alba party. One reason he did so is that he believed that the Scottish Government were doing a poor job, that they were not making the case effectively for independence and, indeed, that the way in which they were discharging their responsibilities actually corroded the case for independence. On the final point, the hon. Gentleman and I are as one.
Jim Shannon (Strangford) (DUP)
Will the Chancellor of the Duchy of Lancaster outline what collective approach has been taken by BEIS and the Cabinet Office to address some of the issues affecting small businesses with regard to the import of hundreds of products to Northern Ireland? I know that he has a particular interest in this issue. Businesses are being prevented from trading normally, as things were pre-31 December 2020; they are under stress and it has reduced their income. Will the Chancellor of the Duchy of Lancaster agree to grant funding for a loss of income, as business have been impacted through no fault of their own?
Michael Gove
The hon. Gentleman makes an important point. As a result of the particular interpretation of the Northern Ireland protocol on which some in the European Commission have insisted, businesses in Strangford and elsewhere have faced additional costs. We have already devoted money through the trader support service and other means to support businesses, but I will talk to the Secretary of State for Northern Ireland, the Treasury and Lord Frost to see what we can do to ensure that businesses in Strangford and elsewhere in Northern Ireland are not further disadvantaged.
Mr Speaker
I am suspending the House for three minutes to enable the necessary arrangements to be made for the next business.
Dissolution and Calling of Parliament Bill
Michael Gove ExcerptsTuesday 6th July 2021
(2 years, 9 months ago)
Commons ChamberRead Full debate Dissolution and Calling of Parliament Bill 2021-22 View all Dissolution and Calling of Parliament Bill 2021-22 Debates Read Hansard Text Read Debate Ministerial Extracts
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
I beg to move, That the Bill be now read a Second time.
It is a real pleasure to move the Second Reading of this Bill. The Bill contains provisions to ensure that we supersede the Fixed-term Parliaments Act 2011 with appropriate, democratic and timely reform in order to ensure that we restore to this place and to the people an opportunity to ensure that the Government that govern in their name can command the confidence of this House and the confidence of the public.
The legislation that we are bringing forward will I hope command support across this House, because it was a manifesto promise in both the Conservative and Labour party manifestos. Both Front-Bench teams are committed to the legislation, and it follows on from an excellent report by the Public Administration and Constitutional Affairs Committee, chaired by my hon. Friend the Member for Hazel Grove (Mr Wragg), and from recommendations made by the Constitution Committee in the other place. It has also received extensive scrutiny and support from a Joint Committee of the Commons and Lords. With both Front-Bench teams and three important Committees all in favour of this legislation, we can see already that the arguments that have been lined up for it are powerful and command wide support. I sincerely hope that nothing I say this afternoon undermines that consensus.
Michael Gove
That is very good advice from the hon. Gentleman. He, like me, believes that brevity is the soul of wit.
Rachael Maskell (York Central) (Lab/Co-op)
Will the right hon. Gentleman give us a definition of “democratic” in view of the fact that when it comes to calling general elections, this legislation will move power from this democratically elected Chamber to royal prerogative?
Michael Gove
Well, it gives power to the people. Fundamentally, all of us sit here at the pleasure of and at the disposal of our electorates. As we saw from the addled Parliament—or the paralysed Parliament or whatever you want to call the Parliament of 2017 to 2019—parliamentarians were actually frustrating the will of the people, in attempting to overturn Brexit and in attempting to sustain in power a Government who needed to seek confidence from the electorate and for the maintenance of their programme. For that reason, we are restoring power to the people, which had been taken away by the FTPA.
Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
I saw the right hon. Gentleman try to answer what I was going to ask him in his reply to the earlier intervention. Considering that there have been two snap elections in the past four years, what problem are the Government trying to solve?
Michael Gove
It is precisely because there have been at least two elections of the kind that the hon. Gentleman draws attention to that the Fixed-term Parliaments Act has not done what it said on the tin. It has failed the Ronseal test. For those who advocated the Fixed-term Parliaments Act in the first place, all sorts of arguments were made about the importance of the predictability of election timing, and, of course, the Bill palpably failed to achieve that in the way that it failed to achieve so much else. What we are doing with this legislation is restoring a tried and tested method by which Prime Ministers can command the confidence not just of this House, but of the country.
Aaron Bell (Newcastle-under-Lyme) (Con)
Will my right hon. Friend give way?
Michael Gove
I am more than happy to give way to my hon. Friend, a distinguished member of the Joint Committee.
Aaron Bell
Does the Secretary of State agree that any legislation in this area must work with any parliamentary arithmetic? That was the problem we saw in the previous Parliament and that is what going back to the status quo ante before 2010 will achieve.
Michael Gove
My hon. Friend is absolutely right. Our approach to the dissolution of Parliament and the calling of elections before the Fixed-term Parliament Act was robust, successful and effective and ensured that our democracy worked as it should. What we are doing is ensuring that those tried and tested procedures are restored, and in so doing not just fulfilling our manifesto pledge, but—and it was a pleasure to do so—fulfilling the manifesto pledge of the right hon. Member for Islington North (Jeremy Corbyn) and making sure that democracy in that way is underpinned.
Sir Charles Walker (Broxbourne) (Con)
Does my right hon. Friend not agree that the Fixed-term Parliaments Act was probably the single worst piece of legislation that the coalition Government introduced? Fortunately, I did not vote for it then, but I will certainly be voting for this repeal tonight.
Michael Gove
Regarding the coalition years, I think that others are better placed—given that I served in the Government for five years—to decide which was the worst piece of legislation that was passed. The one thing I will say for the Fixed-term Parliaments Act is that it was very much a child of its time. It did achieve one purpose. It was introduced at the request of our Liberal Democrat coalition partners in order to ensure that, for the five years of that Parliament, neither party could collapse the Government in a way that might secure for either the junior or the senior coalition partner perceived political advantage. It did serve that purpose for those five years. Notwithstanding the points made by my hon. Friend, there was a significant range of achievements that the coalition Government can take pride in; nevertheless, the Act was specifically a child of its time. While it worked in that narrow sense, in cementing the coalition and ensuring it could achieve the policy gains that I believe were gained during those five years, its utility beyond those years in tougher circumstances has been tested to destruction.
Chris Bryant
I will let the Minister in on a secret: not all of us supported everything that was in the Labour manifesto at the last general election.
Is there not a worrying issue here, which is precisely what the right hon. Gentleman refers to as “the child of its time”? If the Government can always reconstitute the constitution every time they can pass a law, we have a problem here, because the Government are most likely always to do so in their own interests.
Michael Gove
I take very seriously the points that the hon. Gentleman makes, because there are few deeper scholars of our constitution or parliamentary history than him, but I would say two things. First, sometimes there are constitutional experiments or innovations, and it is understandable that they will have partisans who can see benefits from them; but then we can see in real time and in real circumstances whether those constitutional innovations are right and work, or whether it is appropriate for us to go back to the situation that prevailed before, which has actually proven over time, in a variety of circumstances, to be both more robust and more effective.
The second point is that of course there is always a temptation for Governments or any Administration in power to seek to look to the rules and to derive advantage perhaps from changing them, but the critical thing here is that, ultimately, the decision on whether an election has been called and Parliament has been dissolved appropriately rests with the people. We can look at historical examples; for example, in the 1970s Edward Heath decided to go to the country to ask the question, “Who governs?”. He believed that, in choosing the timing of the election, he was doing so to his party’s advantage, but when he asked, “Who governs?”, the country replied, “Well, not you, mate.” On that occasion, it was the case that a miscalculation on the part of the Prime Minister resulted in the electorate deciding that Edward Heath’s Administration should end and that Harold Wilson’s should take over.
Chris Bryant
In which case, one could conceive of a situation in which the Government were aware of something coming up that the public were not aware of—a report or a major security breach that had not yet been made public, for example. Or, for instance, the Government might choose to hold a general election before boundary changes because they thought that it might be to their advantage. Would it not make far more sense for the House simply to be able to vote at that moment?
Michael Gove
In both the cases that the hon. Gentleman mentions, if there were jiggery-pokery or the Government were acting in a way that the electorate considered heedless or reckless, electoral punishment would occur sooner or later. Attempting to rig the rules in that way is, as we have seen in the past, something that the public are always alive to, always wise to and always ready to punish.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Surely the biggest difference, though, between the situation today and that facing Edward Heath in the 1970s is the amount, the nature and the regulation of the spending of money. Heath did not have a long period before a short period of expenses and there were not those controls. Effectively, this Bill will allow the Prime Minister and the Prime Minister alone to be the only person who knows when that long period starts and to pile the money in. That is what this is about, is it not?
Michael Gove
No, it is not what it is about. The money spent on elections is an issue in which the Liberal Democrats and other parties have long had an interest, but more broadly the point is that the choice of election timing should ultimately depend on the capacity of the Prime Minister to command the confidence of this House. We saw during the course of the 2017 to 2019 Parliament the consequences of the Fixed-term Parliaments Act in a way that worked against the interests of democracy explicitly.
Michael Gove
I will just make a little progress and then come back to the right hon. Gentleman.
We saw in the 2017 to 2019 Parliament what happened when Parliament attempted to sustain a Government in office, to deny a Prime Minister the Dissolution that he requested, and yet at the same time would not allow that Government to get their business through, so we had a paralysed Parliament. We also had a Schrödinger’s Government: they were simultaneously in power and not in power, in office but incapable of carrying forward their legislation. We saw in the December 2019 general election the consequence of that: the party that argued that there needed to be a Dissolution, an election and a refreshed mandate secured that refreshed mandate, and, as a result, we saw our democracy working as it has so successfully in the past and as it deserves to again in the future.
Mr Carmichael
If, as the Minister says, this is about the point at which the Prime Minister can command the confidence of the House, surely that is something that can only be determined by this House and not the Prime Minister, so the point made by the hon. Member for Rhondda (Chris Bryant) is a good one.
Michael Gove
The points made by the hon. Member for Rhondda (Chris Bryant) are nearly always good ones, but on this occasion it is wrong. Ultimately, the decision about whether it is right to call an election and whether the Prime Minister and the Administration should return to power rightly rests with the people. During the course of the 2017-19 Parliament, parliamentarians sought to frustrate the Prime Minister seeking an election, and when that election eventually occurred, we saw that an appropriate decision was taken by the voters.
We also saw during the 2017-19 Parliament the reputation of Parliament—much to my regret—diminished in the eyes of the public because of its failure both to deliver on the original Brexit vote and to allow Government to carry on their business. In making sure that we return to a situation where we do not have the Fixed-term Parliaments Act, we are keeping faith with democracy. We are also keeping faith with the basis on which this Government were elected and, indeed, on which the Opposition argued for office.
Rachael Maskell
The reality is that Government hold privileged information. In the light of the economic challenge coming down the path, surely the Bill is simply a cut-and-run Bill to allow the Government to call an early general election before they have to deal with that crisis.
Michael Gove
I completely disagree. Looking at the broad economic situation that we face and what may happen in future, we have a well-informed and judicious electorate that will make a judgment whenever an election is called about the fitness of this Government to be returned to office or, indeed, the readiness of the Opposition or any other party to assume office, as has been seen in the past.
When Governments have sought to cut and run—when they have sought to manipulate the electoral timetable to their advantage—they have been punished. It was the case not just in 1974 with Edward Heath but in the early 1920s with Stanley Baldwin, when he sought to cut and run using the formidable advantage that he had—the support of press barons and the wealthy. Nevertheless, we saw the return of the very first Labour Government under Ramsay MacDonald, supported for all too brief a period by the Liberals of that time.
Dr Julian Lewis (New Forest East) (Con)
The historical case that my right hon. Friend is making is absolutely incontrovertible. The fact is that the legitimacy of previous elections has barely—if ever—been questioned. As soon as we brought in that wretched legislation, we ended up in what he rightly described as a paralysed Parliament. However, is he satisfied that clause 3 is strong enough to ensure that Parliament is not paralysed in future by political uses of the court to try to interfere with the process of dissolving Parliament? Professor Ekins in particular, I believe, has certain suggestions that might make that provision a little stronger.
Michael Gove
I believe that clause 3 is robust and fit for purpose, but it is also the case that Professor Ekins, of the Judicial Power Project attached to the think-tank Policy Exchange, is a brilliant legal mind. We will pay close attention to his arguments and to those of my right hon. Friend and others, in order to ensure that clause 3 is robust enough.
Reference to clause 3 means that it is appropriate for me to turn to the specific clauses in this short and focused Bill. Before I do so, I just want to thank again the work of the Joint Committee under Lord McLoughlin and others, which did such a service to this House, and indeed to the other place, in scrutinising the legislation. When reviewing the original 2011 Act, the Joint Committee found that—
Michael Gove
I will in just a second.
The Joint Committee found that the 2011 Act did fulfil its immediate political purpose of maintaining the coalition Government for five years, but that it did not succeed in enforcing a super-majority constraint on the calling of early general elections, given what happened in 2017 and 2019. Mere repeal of the Act without any form of replacement would create uncertainty and what the Committee called a “constitutional lacuna”—hence the need for this legislation. The Government should allow sufficient time for Parliament to explore the full implications of any replacement legislation. Indeed, the Committee’s own work and the work of other committees has been a service to that cause. That constitutional education should secure a wide degree of cross-party agreement—that exists in the support given from the Opposition Front Bench and from others.
Any replacement should be equally suitable for whatever parliamentary arithmetic is provided by the electorate; I believe this Bill does that. Any replacement should consider allowing the date of any early election to be stipulated in a motion triggering that election, which of course it will, and any replacement of the 2011 Act should not contain super-majority provisions. The Joint Committee also made the point that if future Administrations introduced fixed parliamentary terms they should consider whether the political gridlock that characterised the 2017 to 2019 Parliament is a price worth paying for the perceived benefit of a fixed-term Parliament. All those arguments were powerful. I thank the Committee again for its work.
I would also like to thank—I should have mentioned this earlier; forgive me—my hon. Friend the Minister for the Constitution and Devolution for the fantastic work that she has done in preparing this legislation and engaging with Committees. It is the first time that she has been back on the Front Bench since her recovery from cancer. She has showed remarkable fortitude and I know that across this House we are all absolutely delighted that she is back in her place.
Jonathan Edwards
I absolutely echo the Minister’s comments in relation to his colleague. The law as it stands means that if the Government lose a vote of no confidence, there are 14 days to form another Government, and if that does not happen, that leads to an election. What would be the position following the passing of this Bill? Would the Government losing a vote of no confidence immediately trigger a general election?
Michael Gove
In those circumstances the Prime Minister could immediately, and should immediately, request of Her Majesty a Dissolution and an election would follow. One of the most powerful examples in our recent parliamentary history was the loss of a vote of no confidence in 1979 by James Callaghan, which led to the general election that followed. Some might argue—it is a counterfactual, the truth of which we cannot know—that had James Callaghan sought to refresh his mandate in 1978 when he was in a stronger position politically, he might well have been returned. The perception on the part of the Labour party at that time—although it had lost the support of the Liberals just beforehand—that it was to its advantage to continue was of course undone by a decision of the electorate.
Chris Bryant
Historically, many different things have counted as motions of no confidence—for instance, losing a vote on an amendment to the Loyal Address following the Queen’s Speech or on an amendment to the Finance Bill, or refusing to grant supply for a military intervention or to allow a military intervention. Does the Minister think that all those things would still count as a motion of no confidence?
Michael Gove
The formal motion of no confidence that is traditionally requested by the Opposition and has to be granted within a day is a classic example, but on the question of military intervention, I personally believe—again, it is for the House to take a view—that that is a proper exercise of the prerogative power in certain circumstances. That is perhaps for debate in other forums, but it would not count in the way that the hon. Gentleman suggests.
Mr Robert Goodwill (Scarborough and Whitby) (Con)
Does the Minister agree that in that situation it would be open to any Member of this House to ask a Minister or the Prime Minister at the Dispatch Box whether he or she considered it to be a matter of confidence and then what followed from that would bear that out?
Michael Gove
My right hon. Friend is exactly right. If any Prime Minister felt that the House’s decision not to grant supply, the House’s decision to censure an individual Minister or the House’s decision not to authorise support for military action was a matter of confidence, that might mean that it would be appropriate to request a Dissolution at that point.
Michael Gove
Not for a little bit, because I want to run briefly through the clauses in the Bill.
There are six clauses and one schedule. The first clause repeals the Fixed-term Parliaments Act. The second clause revives the prerogative power and allows the Prime Minister to request a Dissolution from the monarch. The third clause is specifically to ensure that that decision cannot be reviewed in the courts. It is what might be called an ouster clause. It is there explicitly to say that proceedings in this House relating to the exercise of the prerogative power should not be justiciable.
It is very important, following on from the points made by my right hon. Friend the Member for New Forest East (Dr Lewis), that the House understands, appreciates and supports the Bill on that basis. It has been constitutional practice since 1688 and the Bill of Rights that it should not be the case that these matters are reviewed in the courts. Let me say that judicial review is an important part of keeping Governments honest, but there needs to be an absolute limit on what is considered justiciable and it should not be the case that the courts can prevent the request for a Dissolution on the part of a Prime Minister. If that decision is mistaken, then it is for the people to decide in a general election what is appropriate. I was very pleased that the Joint Committee confirmed in its report that it would be appropriate for Parliament to affirm that.
Michael Gove
I do not think that they would, necessarily. There are people who might seek to do that, but one of the things that Parliament can do—and one of the reasons that my hon. Friend’s question is so helpful, as were the Joint Committee’s deliberations—is to affirm what is the case. It would then be remarkable indeed for any court to attempt to do what my hon. Friend describes; it would be constitutionally unprecedented and, to my mind, would risk the understanding of the balance between Parliament, when its will is clearly expressed, and the courts’ interpretation of the law. I hope that in Committee and on Third Reading, and perhaps later in this debate, all hon. Members will affirm the importance of the non-justiciability of the exercise of these powers.
Jackie Doyle-Price (Thurrock) (Con)
One thing that came out of the Joint Committee’s report was the very clear interpretation that a Prime Minister requests a dissolution rather than advising the monarch on it. I am pleased that the Government have accepted that advice from the Joint Committee, but does it not make the ouster clause completely superfluous? The monarch, acting in conjunction with Parliament, is non-justiciable already.
Michael Gove
That is definitely my understanding of constitutional practice, but—without getting into the details—there have been one or two recent decisions by the courts that might be thought by some to have moved one or two goalposts on the constitutional playing field. Lest there be any doubt, the ouster clause is there to affirm that interpretation. It is a new pair of braces to join the sturdy constitutional belt to which my hon. Friend refers.
Clause 4 makes it clear that the maximum length of any Parliament should be five years. Clause 5 contains some minor updates, taking account of how the Fixed-term Parliaments Act modernised our electoral law, and introduces the schedule attendant to the Bill. Clause 6 makes it clear that the Bill covers the whole of our United Kingdom.
Sir Charles Walker
On clause 4, will my right hon. Friend confirm that a maximum five-year term will mean that the latest that we could have a general election in this Parliament would be January 2025?
Michael Gove
I think that I would defer to others on fixing the precise date, but I believe that that is so.
Aaron Bell
In addition to what is in the Bill, we have to discuss what is not in it: the conventions that we seek to restore and the Dissolution principles published along- side the draft Bill. As my right hon. Friend will know, the Joint Committee considered the conventions, the paramountcy of confidence and all those things quite extensively. From reading our report, what conclusions have the Government reached about the nature of confidence and the circumstances in which calling a general election would not be an appropriate thing for a Prime Minister to do?
Michael Gove
Again, my hon. Friend makes a very important point. Alongside the Bill, we have produced a brief statement of Dissolution principles. He is absolutely right. Our broad understanding of Dissolution principles derives from a letter written by Sir Alan “Tommy” Lascelles pseudonymously—I am glad to be able to use that word in the House of Commons—to The Times in the 1950s. He argued that a Dissolution should not be granted if the monarch thought that there were a viable alternative that could command a majority in the House of Commons—or, indeed, if it were a time of economic crisis or peril in which it would be inappropriate for a general election to be called. We think that it is very difficult, as my hon. Friend the Minister for the Constitution and Devolution and others made clear in evidence to the Joint Committee, to provide an exhaustive list of example cases in which it would be inappropriate for a Dissolution to be granted when requested. One thing we would like to do in Committee is have proper consideration of them.
It is important that our constitution always remains flexible and agile. I could conceive of circumstances—immediately after an election defeat, for example, when a Prime Minister is still perhaps clinging on, seeking to form a coalition or a confidence and supply arrangement and failing to do so—when that Prime Minister might seek an immediate other Dissolution shortly afterwards. In such circumstances, I can see that it would not be appropriate for a Dissolution to be granted. As I say, it would be helpful for everyone to take part in the debate to outline the circumstances that they think should guide the operation of the principles.
Mr Goodwill
Is it not also the case that, if there were a vote in the Commons that many considered to be a confidence vote, but the Government refused to accept that, it would be open to the official Opposition to table a confidence motion, in which there would be no doubt whatsoever?
Michael Gove
Exactly so, and it is absolutely important, as my right hon. Friend points out, that we stick to the principle that, immediately upon receipt of a request from the Opposition for a vote of no confidence, such a debate is granted and that the Prime Minister of the day would make their case. Following the defeat of an earlier attempt by my right hon. Friend the Member for Maidenhead (Mrs May) to secure support for her withdrawal Bill, a motion of no confidence was tabled by the then leader of the Labour party. That motion of no confidence was defeated and that allowed the Prime Minister to consider other ways of fulfilling that mandate.
Chris Bryant
I do not want to test everybody’s patience, but the one time when that course is not available to the Opposition is immediately after a general election, before Parliament has got on to actually meeting; and it is the Government, and only the Government, who decide when the House meets and what it debates. I note that we still have no formal process in our system of knowing when, after a general election, the House will meet to transact substantive business, other than to elect a Speaker and have the swearing-in.
Michael Gove
That is an important point, but it is also important to recognise that no newly elected Government can effectively govern without Parliament. It would be impossible without a vote of supply and without a Queen’s Speech to ensure that the basis on which they were elected, and the effective governance of the country, could continue. It is important that we recognise that that is the principle that prevailed beforehand, and it is the principle that we should adopt now.
I shall conclude, because many hon. Members wish to speak. I return to the point that I made at the start. Those who brought forward the Fixed-term Parliaments Act were motivated, I think, by two entirely reasonable motivations. The first was to ensure that the coalition Government—the first coalition that we had had since 1922—was able to proceed and govern in an effective way; of course it was against the backdrop of economic crisis. As a member of that coalition, I do not resile for a moment from the many decisions that were taken during that five years, and I take the opportunity to thank the right hon. Member for Orkney and Shetland (Mr Carmichael) and others who served in that coalition for putting the national interest first at that time.
The second thing that the Fixed-term Parliaments Act was designed to do was to ensure that our constitutional arrangements became more predictable. Although the FTPA succeeded in the unique circumstances of the coalition years, it emphatically has not made our constitutional arrangements more predictable, as what happened in 2017, and indeed between 2017 and 2019, reinforced. Indeed, the circumstances of the 2017 to 2019 Parliament reinforced in the public mind—and certainly that was reflected in the general election result of 2019—the need to move to a more flexible, more responsive, more agile, more familiar and more tried and tested set of constitutional arrangements. It is for that reason that I commend the Bill to the House.
Brendan O'Hara
I thank the right hon. Gentleman for his intervention. No, we are not doing that, and I will come on to exactly why we are not. Although I acknowledge that the 2019 Labour manifesto said that they would repeal the Fixed-term Parliaments Act 2011 and I understand that they intend to abstain in tonight’s Division and amend in Committee, I would caution that any support for this Bill has to be contingent on what is coming to replace it. I say to anyone who might not like the current Act and wishes to see it repealed to be careful what they wish for. To address the point made by the right hon. Member for Scarborough and Whitby (Mr Goodwill), let me say that although in and of itself repealing that Act might look fairly innocuous and taken in isolation might even be seen as trivial and almost unimportant, I caution that if it is viewed as part of that wider, much larger strategy to centralise power and control with the Executive, this is a far cry from a benign piece of legislation, as they would have us believe.
Michael Gove
In this House and indeed in this Administration, there is a distinction between the role of Director of Public Prosecutions and Attorney General. I understand that in the Scottish Government the Lord Advocate combines both roles. That is a centralisation of Executive power, is it not? Would the hon. Gentleman advise his colleagues in the Scottish Government to move away from that centralisation of powers, towards the higher constitutional principles that we have here in the UK?
Brendan O’Hara
That is another piece of absolute obfuscation by the Minister—a ridiculous piece of obfuscation—so I will return to what I was saying. No matter how intense the 2011 Act, this is not a sufficient reason to support this Bill, because what this Government are proposing is a stripping away of one more pillar of parliamentary or judicial oversight. It is not simply a return to the position we had in 2011.
Mark Elliott, professor of public law at Cambridge University, has said:
“The statement of principles accompanying the Bill appears to presume that the Queen will dissolve Parliament as a matter of course when the Prime Minister so requests, thus implying an intention, on the part of the Government, not to restore the pre-FTPA position but to usher in a regime under which its latitude is greater than before”.
As we have heard, prior to 2011 the monarch was able, in certain circumstances, to deny a Prime Minister’s request to dissolve Parliament and seek an early general election. Because of the weaknesses of having an unwritten constitution, the prerogative power of the monarch, exercised, as we have heard, through the Lascelles principles, was one that was never able to be enshrined in statute. The Lascelles principles asserted that the monarch could deny Dissolution in certain circumstances, including in relation to the viability of the Government, being detrimental to the national economy and being able to find another Prime Minister who could govern. If this Bill becomes statute, what becomes of the Lascelles principles and the monarch’s ability to deny a request for a Dissolution of Parliament? As I understand it, this place may be able to create statutory powers by enacting statutes, but it cannot create prerogative powers, which, by definition, derive from a source other than statute. So those prerogative powers that the monarch has to seek a Dissolution are not coming back, meaning that this Bill is little more than an attempt by the Executive to circumvent even the minimal gatekeeping function exercised in the Lascelles principles by the monarch and all the power will be concentrated in the hands of the Prime Minister. As Professor Elliott says
“the very legal uncertainty as to whether the prerogative can be revived means that it would be irresponsible simply to legislate to repeal the Act and try to revive the prerogative without being sure that you could.”
Brendan O’Hara
I thank the right hon. Gentleman for that intervention, and I absolutely agree. What is happening here is that the monarch will not be able to refuse under any circumstances, although not because of that very dangerous path of going into the political arena.
Although something of a constitutional anachronism, the Lascelles principles did at least provide a degree of constraint on a Prime Minister who opportunistically may have wanted to cut and run mid-term and hold a snap general election when their popularity was on the up, or perhaps more importantly and more pertinently, when they knew future events—perhaps the result of a particularly unhelpful public inquiry—would be guaranteed to put a major dent in their approval ratings.
Brendan O’Hara
The right hon. Gentleman shouts from a sedentary position that that would never happen to the SNP. Indeed, the SNP could not cut and run in the Scottish Parliament because we work to a fixed term. The next Scottish Parliament elections will be on 7 May 2026, and no matter what befalls the Government between now and then, the Scottish Government will be held to account on that date.
Brendan O’Hara
I will come to the right hon. Gentleman in a moment, but I will take your advice, Madam Deputy Speaker, and move on.
Clause 3 of the Bill is an ouster clause. It aims in effect to put the Government’s action beyond the reach of the law, meaning that decisions made by the Government on these matters are non-justiciable. This is clearly the action of a Government who are still smarting from the humiliation of the Supreme Court’s Prorogation judgment in 2019, which said that it was not in the power of the Prime Minister to suspend Parliament for such a long time at such a critical moment.
In January, Baroness Hale and Lord Sumption gave evidence to the Joint Committee on the Fixed-term Parliaments Act, and they both expressed serious reservations about clause 3 of this Bill, which renders non-justiciable the powers given to the Government in clause 2. Those non-justiciable powers include controlling the space of time between the Dissolution of one Parliament and the general election and between the general election and the first sitting of a new Parliament. All of that would be in the control of a Government whose previous attempts to undermine parliamentary democracy through proroguing in 2019 were, as we have seen, deemed unlawful. The difference this time is that they hope that the Supreme Court could not intervene. Back in January, both Lord Sumption and Baroness Hale were unequivocal in saying that the minimum safeguard that this Bill needed in the event of such an ouster clause was to put a time limit on the moving of writs for parliamentary elections, which has not been done.
Michael Gove
It is very much on that point. That case was brought by the hon. Gentleman’s hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry). Why was she sacked from the SNP Front Bench?
Sale of Cabinet Office Stake in Axelos Ltd
Michael Gove Excerpts(2 years, 10 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove)
Introduction Metric Impact Sale proceeds £175 million Hold valuation The price achieved is above retention value. Public sector net borrowing The sale reduces public sector debt. All else being equal, the sale will reduce future debt interest costs for Government. The reduction in Government’s shareholding means it will not receive future dividend income that it would otherwise have been entitled to through these shares. Public sector net debt Improved by £213.9 million Public sector net liabilities Improved by £50.5 million Public sector net financial liabilities Improved by £50.5 million
I am pleased to announce that the Cabinet Office has conditionally agreed to sell its 49% stake in Axelos Limited to PeopleCert International Ltd, a member of the PeopleCert group. This is part of a joint sale with Capita of the whole of Axelos. Subject to the timely satisfaction of conditions the sale is expected to complete in July.
Sale of the Cabinet Office stake will generate cash proceeds of approximately £175 million. The Cabinet Office has also received cash dividends of approximately £10.7 million this year making total cash receipts of some £185.7 million.
As part of the sale, the Cabinet Office will also receive accelerated settlement of outstanding deferred consideration (currently worth some £24 million) owed to it by Axelos dating from the formation of the joint venture.
The sale values the business at £380 million on a cash free, debt free basis.
Axelos staff and senior management will be transferring with the business.
Rationale and timing
The Axelos joint venture was established with Capita in 2013 to commercialise certain best practice methodologies (principally ITIL and Prince2) previously developed by HM Government. The Cabinet Office chose to retain a 49% stake on the formation of the business with a view to delivering better value for money through a future sale.
The sale followed a strategic review triggered by Capita’s desire to sell its majority stake. The Cabinet Office concluded that a joint sale was likely to attract greater interest and generate a higher price per share than a separate sale of the Cabinet Office’s 49% stake; it also offered the opportunity to share in the premium typically available on the sale of a controlling stake.
The sale was conducted through a public auction process and the sale proceeds exceed the Cabinet Office’s retention value.
Contingent liability
The sale terms include standard sale indemnities and an indemnity by the Cabinet Office for 49% of Axelos’ share of the deficit in the Capita Group’s defined benefit scheme, calculated on the basis set out in section 75 Pensions Act 1995, to the extent that it exceeds the allowance already made for it. Any liability under the indemnity is not expected to exceed £300,000 and is expected to be settled during this financial year.
On this occasion, due to the sensitivities surrounding the commercial negotiation of this sale, it was not possible to notify Parliament of the particulars of the contingent liability in advance of the sale announcement. Instead, the Cabinet Office notified the chairs of the Public Accounts Committee and the Public Administration and Constitutional Affairs Committee.
More information on this contingent liability has been set out in a departmental minute that has been laid before the House alongside this statement.
Fiscal impacts
The impact on the fiscal aggregates, in line with fiscal forecasting convention, are not discounted to present value. The net impact of the sale on a selection of fiscal metrics are summarised as follows:
[HCWS112]