My Lords, it has been an extensive debate. It is customary on these occasions to say that it has been an outstanding debate, but let me not, on this occasion, be customary. Let me say sincerely that it has been an outstanding debate. I thank all those who have taken part. The subject being discussed is of profound importance, and I know I speak for all noble Lords present, as well as those who have spoken. So many people here in this Chamber have had the honour that I have had, over quite a long life, of public service in many different walks of life. I believe that we all share a common desire and a common interest to achieve the best, to root out wrongdoing and to reflect in the best way we possibly can a sense of honour— honour on the profession of politics and honour on our place in your Lordships’ House. I have been very grateful for the opportunity to listen to the debate; I assure all noble Lords that I have listened to it very carefully; and I am grateful to all those who have taken part.
I do not wish to single out the noble Lord, Lord Evans of Weardale, or the noble Lord, Lord Stunell, but it has obviously been particularly helpful to have their contributions from the perspective of the Committee on Standards in Public Life, and I thank them for the work they do. I must echo others in thanking the noble Lord, Lord Blunkett, for moving the Motion and, as many have said—including, I think at her conclusion, the noble Baroness, Lady Smith—for the way in which he moved it.
On these occasions, I try—although I am sometimes a little combative, I know—to avoid the yah boo thing that our dear friends in the other place sometimes get into of saying, “Well, he did that, but you did that”, et cetera. I agree with the very wise remarks of the noble Lord, Lord Dubs, and I do not agree with politicians criticising other politicians except where there is a very legitimate and strong case to do so. It does not help any of us. The tenor of this debate, where we have, in the words of the noble Lord, Lord Griffiths of Burry Port, come together in a common endeavour, is very important. I was not so happy about his use of the word “rotten” later in his speech, but I will forgive him for that.
I have listened with great respect. I agree with the fundamental point made by the noble Lord, Lord Blunkett, about the need for high standards. I differ with some on the idea that we have now descended into an age of rust and that standards now are uniquely poor or corrupt. I do not believe that is true and, as I said at the outset, it does a disservice to the vast bulk of those in this place and in public service.
I will try to address the main points that have been made, but before I move on, I give the noble Lord, Lord Blunkett, the fundamental assurance he asked for: these matters are constantly under review. The voices that your Lordships have raised today will be part of that review and consideration, and a number have been referred to in the debate.
I agreed with the remarks of my noble friend Lord Young of Cookham and others, notably the right reverend Prelate, about the need for proportionality. That informed this debate: the need to admit our own fallibility. It is certainly my personal credo that one is imperfect and must seek to do better day by day. We must all strive for the highest ethical standards, and I agreed with the point made in the thoughtful speech made by the noble Lord, Lord Brooke of Alverthorpe: it is about not just the processes of central or local government, but ourselves in this House. Yes, we need to examine ourselves and the way we do things and, in the old language of this House, as I said, to seek to stand on honour.
I agree, too, with what my noble friend Lady Stowell of Beeston and the noble Lord, Lord Hunt, said: meeting the letter of the law is not enough; we need to go beyond the letter of the law. I do not wish to impugn the legal profession, but this is not a House of small print lawyers; this should be a House which aspires, as should the Government as a whole, to do more than the letter of the law to uphold standards.
This House, with its Members drawn from so many walks of life and professions and with such experience to share—that is the strength of an appointed House—has
always played an important role in preserving our national reputation for good government and high standards. I know it does not always seem that way but, while I am at this Dispatch Box, I welcome the challenge that comes to the Government from this place, from parties and colleagues opposite and—yes, I use the word used by the noble Lord, Lord Parekh, I think—friends.
We should never be complacent. We should continually hold ourselves to high standards. Many noble Lords have rightly continued that tradition today in the course of their comments.
The noble Lords, Lord Wallace of Saltaire and Lord Tyler, in particular, referred to the fact that it is 26 years since the Committee on Standards in Public Life completed its inaugural report. Before that, yes, indeed, I was present in No. 10—I think it was on a Monday morning—when we discussed these matters and decided to go forward with that proposal, which was a good policy and has stood the test of time, to set up the Committee on Standards in Public Life under the chairmanship of a former Member of your Lordships’ House, Lord Nolan.
He set down those principles, which have rightly been referred to by so many of your Lordships. We know what they are, but it is worth reading them into the record again, because they are fundamental: selflessness, integrity, objectivity, accountability—yes—openness, honesty and leadership. I have heard the call for a broader tapestry to be woven on top of them, and work is done constantly by the Committee on Standards in Public Life to do so, but we must never lose sight of those fundamental principles. Lord Nolan led the committee admirably, and his legacy through the Nolan principles will be remarked on for many years to come.
The noble Lord, Lord Puttnam, said that those seven principles of public life are the bedrock of ethical standards in government—in this Government and in all Governments. They give all of us who work in public life a set of principles to embody and to take pride in upholding, at every level—in my case, from my first day in local government as a young councillor upwards.
The noble Lord, Lord Foulkes, referred to devolved Administrations. I was grateful that he did not attack me today, although I always enjoy it when he does; I rarely go home from this House without a few lashes on my back. I will not go too far—as he knows, this is a delicate area—but I am aware that Article 9 of the Bill of Rights is not necessarily applicable to Members of the Scottish Parliament. However, it is a matter for the Scottish Parliament to consider, in our view, and I am sure that his powerful speech will have been heard and noted outside this House.
Following on from Lord Nolan, I pay tribute to the successive chairs of the Committee on Standards in Public Life, coming down to the present day with the noble Lord, Lord Evans. He and his committee have, a quarter of a century after the Nolan principles were first laid out, embarked on the second Standards Matter review to ensure that the highest standards are maintained. This work is in progress, but it has been a landscape
review of the institutions, processes and structures in place to support high standards of conduct. Let me be absolutely clear: the Government welcome the work being undertaken by the committee, recognise the importance of such recommendations in ensuring the conservation of high standards in public life and will, of course, consider the final recommendations of the committee’s review carefully—as the committee would expect and all noble Lords would accept.
In the interim, the committee has set out its views on four main topics: the Ministerial Code and the independent adviser on ministerial interests; business appointment rules; transparency around lobbying; and the regulation of public appointments. Although we are at this interim stage and the final government responses will come later, since many of the observations made by noble Lords in the debate touched on these areas, I will venture to provide some comments on all four of those issues now.
The noble Baroness, Lady Smith of Basildon, and many other noble Lords, referred to the Ministerial Code and the role of the independent adviser on ministerial interests. The Government have discussed this frequently and believe that the Ministerial Code should remain the responsibility of the Prime Minister of the day. This reflects the Prime Minister’s constitutional position as the sovereign’s sole adviser on matters concerning the royal prerogative—in this case, on the appointment, dismissal and acceptance of resignation of other Ministers. From that position flows the accountability to this sovereign Parliament of the Prime Minister for the appointment and removal of Ministers.
In its valuable and important report—and I am not anticipating the final report or conclusions—the Committee on Standards in Public Life said in its findings that the Ministerial Code should be issued by the Prime Minister and that there should be a range of graduated sanctions for breaches of the Ministerial Code. This is being addressed. It said that the issuing of those sanctions should be a matter solely for the Prime Minister, and that rests on this constitutional doctrine, which most of us under successive Administrations have accepted.
However, the Ministerial Code does require Ministers to maintain high standards of behaviour and provides guidance on how Ministers should act and arrange their affairs in order to do so. The Prime Minister is the judge of that, ultimately, but to assist him in the responsibility a Prime Minister has an independent adviser. In May, the Prime Minister appointed a highly regarded Member of your Lordships’ House to that role, the noble Lord, Lord Geidt. Many noble Lords will remember that, as part of the process of appointment, my right honourable friend the Prime Minister agreed with the noble Lord new terms of reference for the role and set out his position on the role in a letter to the noble Lord, Lord Evans.
The letter confirms a number of important points. First, where, in the assessment of the adviser, the adviser believes an allegation about a breach of the code might warrant further investigation, he will raise the issue with the Prime Minister. Secondly, where a matter is referred to the adviser and his work is concluded,
the adviser’s advice on his conclusions will be published in a timely manner. There should be a range of potential outcomes if the breach of the Ministerial Code is determined to have occurred—in fact, this has always been the case, but a more formal approach is suggested. The adviser should have a specific role in providing recommendations about the appropriate sanction in the circumstances where it is determined that a Minister has failed to adhere to the standards set out in the code. The adviser should be appointed for a non-renewable five-year term to give him or her independence. And when the adviser undertakes work, it should be supported by civil servants who act under his direction and report to him.
Many noble Lords today, including my noble friend Lord Young of Cookham, have commented that the changes to the terms of reference embodied in that letter do not go far enough and that the independent adviser should have the power to initiate their own investigations. In response, I point to the comments of the noble Lord, Lord Geidt, in evidence to PACAC in the other place, that he would wish to operate the new terms of reference for a period before drawing conclusions about their efficacy, but I take note of what noble Lords have said in the debate.
The noble Lord, Lord Blunkett, and others, referred to the role of ACOBA and business appointments. The noble Baroness, Lady Smith, also referred to this matter, which has been a focus within the Standards Matter 2 review. The business appointment rules are an integral part of how the Government uphold integrity and retain public trust. I share the concern of noble Lords that they should be effective and consistent, and as set out in my honourable friend the Minister for Constitution and Devolution’s Written Statement on government transparency and accountability in July, the Government have been working to improve the operation and efficacy of the rules.
Again, as the noble Lord, Lord Blunkett asked, we do not assert that this is completed work; it is all ongoing work—ongoing consideration. The work will consider and implement improvements to the scope and clarity, the consistency and proportionality, and the enforcement of the rules. The Government are working closely with the Advisory Committee on Business Appointments and departments across the Government to implement changes, and there will be an update to the rules later this year.
The Government do differ from some of your Lordships. They believe that a statutory system would be out of line with the general principle of UK law that Ministers and officials are subject to the same legal system and statutory framework as all others. The rules form part of civil servants’ and special advisers’ contracts of employment and, as such, are subject to legal processes. That is the same legal approach and potential sanctions for breach of contract as apply to all other private citizens who might have similar provisions in employment contracts with private companies.
The noble Baroness opposite asked about PPE and procurement in that respect. As the noble Baroness said, my noble friend Lord Bethell on hearing those remarks, I think, would say that is not true, and the
Government would say that, in relation to whether the PPE in the cases referred to was necessarily inadequate, we are protecting the taxpayer’s interests—