Standards in Public Life

Toby Perkins Excerpts

Tuesday 7th June 2022 Commons Chamber

[Angela Rayner]

I entirely agree with the hon. and learned Lady. It is important to note that this Prime Minister has a long history and a long-standing pattern of behaviour that render him unfit for prime ministerial office. Since he had the privilege of becoming Prime Minister, all he has demonstrated is that he was not worthy of that office, and he will never change his behaviour. Conservative Members need to understand that, because he is dragging the Conservative party down. It has been suggested to me many times by the media that that may be a good thing for the Labour party. Well, it is not a good thing for the Labour party, and it is not a good thing for the country to have a Prime Minister who acts in a reckless way and does not believe that the law applies to him.

[Mr Toby Perkins (Chesterfield) (Lab)]

My right hon. Friend has hit on an important point about the status and importance of the Prime Minister’s office. During the time that I have been interested in politics, there have been four Conservative Prime Ministers—Mrs Thatcher, John Major, David Cameron, and the right hon. Member for Maidenhead (Mrs May)—all of whom I disagreed with politically, but none of whom remotely besmirched the position of Prime Minister and denigrated our politics in the way that this one has.

[Angela Rayner]

That 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.

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[Mr Perkins]

The Minister’s response a few moments ago was incredibly telling. For all the talk about independence and standards, did he not hit the nail on the head when he said it depends on whether the Prime Minister retains confidence in a Minister? This is not any kind of independent process; it is simply about who the Prime Minister favours and who he does not.

[Michael Ellis]

Not at all. There is a constitutional imperative that the Prime Minister of the day, no matter what party he or she is from, must have the right to select their Ministers and must have confidence in their Ministers. That is a constitutional imperative and it is not inconsistent with the code and the independent adviser’s wishes.

Let me rest for a moment on the change that has been made in respect of sanctions, because it exemplifies the point about the Government’s considering and responding to the recommendations of others. It has always been the case, under successive Administrations, that a range of potential outcomes are available when it is determined that an aspect of the code has been broken. Some examples have been cited from previous Administrations. Members need only cast their minds back to the case of Baroness Scotland in 2009, who apologised for unknowingly employing an illegal worker and paid the associated civil penalty of £5,000, but when then Prime Minister Gordon Brown concluded that no further action was necessary, he made that determination of his own volition.

In the interests of fairness, I could equally well mention the 2012 investigation into Baroness Sayeeda Warsi under the coalition Government, or the current independent adviser’s finding that my right hon. Friend the Member for West Suffolk (Matt Hancock) made a technical breach of the code in failing to declare that his sister’s company had become an approved supplier to the NHS.

The test of whether a Minister remains in office has always been the continued confidence of the Prime Minister, so I am not going to criticise previous Labour Prime Ministers for making that determination, and nor would I criticise anyone in that position. They have a difficult office to fulfil and they must make a determination. If a breach of the code is extremely minor in the eyes of most but the Prime Minister has lost confidence in the Minister in question, that will be it for that Minister. That is the way it has to work.

That is the test of whether a Minister remains, yet over time a false impression has grown that any breach, large or small, across a wide-ranging, detailed document of 26 pages, must result in resignation. Correcting that false impression has been a concern not just for the Government but for those who advise on ethics in government. In its “Upholding Standards in Public Life” report, the Committee on Standards in Public Life noted:

“No other area of public life has such a binary system of sanctions, and in both Parliament and the Civil Service there are a range of sanctions available according to the seriousness of the offence. There is no reason why this should not be the case for ministers.”

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[Mr Toby Perkins (Chesterfield) (Lab)]

Once again, the Labour party has to use one of our precious Opposition days to debate not the cost of living, NHS waiting times, court delays, falling apprenticeship numbers or any of the other manifest ways in which the Government are failing, but the standards and conduct of the Prime Minister. I do not say that critically—I am pleased that we have chosen to use today’s debate for that purpose—but it shows once again why the Prime Minister is not able to get on with it as a result of yesterday’s vote: in fact, he is the distraction that prevents this House from moving on. It shows why the 148 of his Members of Parliament who voted yesterday that they had no confidence in him were right.

British parliamentarians have often been asked to go overseas to nations considered to be less developed and provide them with advice about what a functioning democracy looks like. It is not an exaggeration to say that if we arrived as parliamentarians in another country to find that it had a leader whose response to being convicted of breaking the law was not to set about changing his behaviour, but to lower the standards to which members of his Government could be held, we would take a very dim view of that sort of democracy—but that is precisely what is happening here in the United Kingdom.

I have never had any regard for the political priorities of the Conservative party. I do not expect Tory Governments to be good for my constituency or to share my values. But I have respected the fact that, regardless of the difference in approach to matters such as public services and the economy, when it came to the basic rule of law there were things that united parliamentarians of all parties. Under this Prime Minister, I fear that that is no longer the case. That is why it is so important that Conservative Members are willing to be brave enough to stand up and speak out, because some of these matters are more important than narrow party political advantage, and so it is with today’s debate; and that is why I pay tribute to the hon. Member for Newton Abbott, who resigned yesterday as the Prime Minister’s anti-corruption tsar. I think that his letter was of real significance. He wrote to the Prime Minister:

“The only fair conclusion to draw from the Sue Gray report is that you have breached a fundamental principle of the ministerial code – a clear resigning matter.

Butt your letter to your independent adviser on the ministerial code ignores this absolutely central, non-negotiable issue completely. And, if it had addressed it, it is hard to see how it could have reached any other conclusion than that you had broken the code.”

I think those words are incredibly significant, I think they are brave, and I think the hon. Gentleman should be commended for having written them.

The Prime Minister’s own briefing to Conservative Members, which featured widely on Twitter yesterday, suggests that they must tolerate his behaviour because no one else is capable of leading them. I am afraid that too many people are missing the point here. The hon. Member for Devizes (Danny Kruger) said earlier that we were raising this issue because we did not like the Prime Minister, and he advocated a system of self-regulation. I think that if Conservative Members look daily at the Prime Minister and think, “There is no one in our whole parliamentary party with 360-odd members who could possibly perform in this way”, they must have a pretty low opinion of themselves, and I think that they may be wrong. I also think that the question of standards is not about whether or not one likes a person, but about whether the behaviour that that person has exhibited is tolerable in a functioning democracy, and I am afraid that, in the case of this Prime Minister, it is absolutely not.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

One way to cheat is to change the rules. We have seen the rules in the ministerial code being changed, and we are seeing a general levelling down of standards in public life. The idea that the Government can carry on marking their own homework is absurd. Does my hon. Friend agree that we need an independent commission on ethics and standards in public life, so that there is some accountability?

[Mr Perkins]

I certainly do. That is why I am happy to support the motion today, and why I was happy to support the committee’s recommendations.

I agree with Lord Evans that a graduated sanctions approach must go hand in hand with increasing the independence of the adviser. Recommendation 6 states:

“The Ministerial Code should detail a range of sanctions the Prime Minister may issue, including, but not limited to, apologies, fines, and asking for a minister’s resignation.”

The Paymaster General spoke about that more graduated approach, and I agree with that, but I also agree with Lord Evans that it must go hand in hand with recommendation 8, which states:

“ The Independent Adviser should be able to initiate investigations into breaches of the Ministerial Code”

—the Government propose not to heed that—and with recommendation 9, which states:

“The Independent Adviser should have the authority to determine breaches of the Ministerial Code.”

That seems to be the point: that the independent adviser determines whether the code has been breached, and it is for the Prime Minister then to decide what sanctions should be applied. What we have now, however, as we heard from the Paymaster General, is an approach whereby if the Prime Minister believes that he still has confidence in people—and I suspect that he will have confidence in the Culture Secretary almost regardless of what she says, because of her slavish support—that is good enough, and no standards are relevant.

As we heard from my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders), all of us in this place suffer from the allegation that “they are all the same.” Despair is the most corrosive emotion possible when it comes to politics, because it leads people to disengage and to decide that there is no point in engaging in politics in any way. The right hon. Member for Orkney and Shetland (Mr Carmichael) spoke of a cross-party consensus, but how is that possible if the Prime Minister is willing, for political reasons, to overlook breaches of any kind if he thinks that it is in his political interests to do so?

A politically motivated standards regime that allows rules to be rewritten if they become inconvenient, and places the future of Ministers in the hands of the Prime Minister to vanquish or rescue as he sees fit, is not itself fit for the 21st century in a supposedly developed democracy. How can it be that the ministerial code, detailing the way in which those at the very top of the political tree operate, actually lags behind that which applies to MPs, peers and civil servants?

I also support the committee’s recommendation for reform of the powers of the commissioner for public appointments to provide a better guarantee of the independence of assessment panels.

Our politics is suffering from a crisis of public confidence, which is particularly dangerous at a time of national economic difficulty such as the one that we are currently experiencing. Only by increasing the independence and clarity of the rules and the rule arbiters can we have a hope of restoring public confidence in our politics, and it is for that reason that I support the motion.

[Matt Western (Warwick and Leamington) (Lab)]

I welcome the debate because it is important. Like so many of my colleagues, I want to see the full package of recommendations in the committee’s report accepted in their entirety. We must collectively restore transparency and integrity, and improve the accountability of all our institutions. That is why an incoming Labour Government would clean up politics and restore standards in public life, starting by introducing an ethics and integrity commission—a single, independent body, removed from politicians, that would roll at least three existing bodies into one.

Standards in public life should concern us all, as Members elected to public office. It is the highest honour, and the public rightly expect us to exercise the highest of public standards. When one of us breaches those standards, we all lose. One parliamentary scandal reflects poorly not just on the governing party of the time, but on our institutions, our democracy and our willingness to govern in the interests of the British people. That is why the Opposition have tabled a motion asking Members on both sides of the House to back the full package of the committee’s recommendations. We have done so because the ministerial code has been cracked by this Prime Minister and his Government. Until now, the code included the “overarching duty” of Ministers to comply with the law and to abide by the seven principles of public life: the Nolan principles, a set of ethical standards which apply to all holders of public office, with the general principle that

“Ministers of the Crown are expected to maintain high standards of behaviour and to behave in a way that upholds the highest standards of propriety.”

The ministerial code should be important in providing an essential backstop to prevent the degrading of public standards, as indeed it once did. When viewed alongside the Nolan principles—selflessness, integrity, objectivity, accountability, openness, honesty and leadership—the code provides a key cornerstone for standards in our public life. What is most damaging is that, at a time when the Prime Minister’s lawbreaking and industrial-scale rule breaking at the heart of Government have finally been exposed, and at a time when he should have been tendering his resignation, he has instead rewritten the code. I am afraid that the Prime Minister is debasing the principles of public life before our very eyes. He is doing so through careful and calculated manipulation of the rules, bending them to suit his own interests. Now, following the publication of the Sue Gray report, in which she concluded that there were

“failures of leadership and judgement in No 10 and the Cabinet Office”,

he has concentrated even greater power in his own hands, while weakening standards in public life.

Far from “resetting the culture” of No. 10, the Prime Minister promised following the report’s publication, perhaps most self-servingly of all, to end the long-standing principle that those who breach the ministerial code should have to resign automatically. That might save not only him, but all those who would be complicit in these acts. Let us recall that, back in November 2020, the then adviser Sir Alex Allan resigned his post after the Prime Minister disagreed with the finding that the Home Secretary had broken the code. We now have an absurd situation in which the person who breached the ministerial code carries on with impunity, while those who are victims of the breaches feel that their only way out is to resign. The Prime Minister has also failed to outline the concrete sanctions for major breaches of the code. Here again we have the ridiculous situation of the more major the breach, the less clear the sanction. On this side of the House, we support graduated sanctions for minor breaches of the code, but the cherry-picking of sanctions to suit the Prime Minister is plain politicking with standards in public life.

By failing to guarantee the independence of the adviser or allow them to open investigations independently, the Prime Minister has gained a stranglehold over the whole process. He continues to retain the power to veto investigations, stripping the so-called independent adviser of any meaningful power. This is utterly wrong. In the Prime Minister’s latest diluted version, integrity, objectivity, accountability, transparency and honesty have all disappeared from the face of the code. These changes, and the lack of changes, have hollowed out the ministerial code and created a centralised, authoritarian Government.

I find it telling that, in one of the letters of no confidence published yesterday, the Prime Minister was accused of importing

“elements of a presidential system of government that is entirely foreign to our constitution and law.”

One of the consequences of a centralised presidential system is seemingly the power to do away with accountability, scrutiny and criticism. It is just a shame that more MPs from the Conservative side could not see that last night. If the ministerial code now no longer has the teeth it needs to hold Ministers to account, Labour’s call for an independent integrity and ethics commission becomes all the more powerful. Labour has shown before how committed we are to improving standards in public life and we will show it again. Back in 1997, Prime Minister Tony Blair widened the terms of reference of the Committee on Standards in Public Life to cover the funding of political parties, and more recently my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) and my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) agreed to do the decent thing and resign if they were found to have breached the covid rules. That is probity, decency and trustworthiness.

It is a sad day for high standards in public life when we have to resort to taking this out of politicians’ hands because the current governing party manipulates the process to suit its leader’s interests. A failure to act now will see a continuing erosion and degradation of standards in our public life. From Paterson to partygate to allegations of sexual assault, now is the time for Conservative Members to vote for this motion. They could restore public trust in our politics, which would be in all our interests and strengthen the foundations of our democratic institutions.

[Mr Perkins]

On a point of order, Mr Deputy Speaker. I referred a few moments ago to the hon. Member for Newton Abbot but I should have allocated my congratulations to the hon. Member for Weston-super-Mare (John Penrose) and I would not want them to be misallocated, so can I set the record straight?

[Mr Deputy Speaker (Mr Nigel Evans)]

Thank you very much for that point of order, and you have done so.