Sir Bernard Jenkin
MP for Harwich and North Essex · Conservative · United Kingdom
“Despite long and historic disagreements between successive UK Governments and Israel, it has remained a steadfast ally in counter-terrorist efforts to keep our people safe in this country. We are now embarked, it seems, on a full diplomatic dispute with Israel and tit-for-tat expulsions of diplomats.”
“I would very much have liked to have discussed the medical devices questions arising from the Bill. The Minister made an incredibly short speech about that important matter. It is quite clear that these provisions are part of the covert dynamic alignment with the EU and the covert rejoin agenda being pursued by the Government.”
“I am as keen as anybody to get on with discussing the Health Bill, but this topic is too serious an opportunity to miss, given that the hon. Member for Leeds Central and Headingley (Alex Sobel) has raised such important issues. I really commend his speech and his initiative. Everybody should read it.”
“The Minister shakes her head, but she is yet to give a good reason as to why this measure is in the Bill. When we had an Adjournment debate in July with the then Minister for patient safety, the hon.”
“The chief executive of the CQC is wantonly conflicted in terms of looking after the safe space, so he cannot be the one left in charge of that function. The real point here is that we are missing the opportunity to save so much money. Governments keep having public inquiries.”
“I asked the Minister, in a letter I sent her after the debate in July, to give us the information on how much the transfer of all this would cost. Nothing has arrived. I never had a reply to the letter. Of course, the Government have changed the Minister and the new Minister for patient safety, the right hon.”
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“I wholly agree. I am extremely grateful for my right hon. Friend’s support for the proposal, and for her indication of willingness to serve on the commission should the House of Commons invite her to do so. The launch of GovernUp today—to coincide with the debate—by two of the sponsors of the motion is something to celebrate, but it is also further evidence of the urgent need for a commission. I congratulate my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) and the right hon. Member for Wentworth and Dearne (John Healey), but I am sure they will agree that too many excellent think-tank reports on the civil service have sunk without trace. Only Parliament can put the necessary authority behind a programme of reform: a parliamentary commission could not be ignored.”
“I am grateful for the hon. Lady’s intervention, and I can in fact inform the House that the Public Administration Select Committee is doing something very specifically on the impartiality of the civil service—and we still only have one civil service in the United Kingdom—in respect of the conduct of referendums. I am going to avoid being distracted by that topic, however.”
“PASC has watched the Government’s policy on the civil service evolve. To start with there was much talk about change in Government but no plan for how change would be led and implemented. In our 2011 report “Change in Government: the agenda for leadership”, PASC recommended that the Government should formulate a comprehensive change programme articulating what the civil service is for. The civil service reform plan of 2012 indicates that the experience of Ministers in Government has had an impact on their thinking about the civil service, but it does not meet our recommendation.”
“The names of former Secretaries of State, former Ministers and the clear majority of chairs of Select Committees on our motion, along with the support of the other place, represent a real and powerful cross-party consensus that would give civil service reform the impetus and urgency it needs. As we consider accountability, trust and leadership at the top of Government, it is important to understand what extraordinary demands we place on Ministers and senior officials. Ministers are accountable to Parliament for the performance of their Departments, like directors to their shareholders, but unlike in almost any other walk of life they have to rely on people they do not appoint and cannot easily remove. In addition, today’s Ministers feel accountable for a system that has become somewhat unaccountable.”
“Touché, as they say. I am most grateful for that information. I am sure it would have been in the Government’s evidence to our Committee. Before I continue, I draw the House’s attention to the names on motion 36 under “Remaining orders and notices” in today’s Order Book. Motion 36 would set a more limited remit than we originally proposed and determine the Commons membership of the commission on the civil service. The other place indicated last week that it would reciprocate and I can inform the House that the former Lord Justice General of Scotland and the former Deputy President of the Supreme Court, Lord Hope of Craighead, has indicated that he would chair this commission if invited to do so.”
“There is no vote on the commission today, but I hope that colleagues on both sides will endorse the view that the proposed parliamentary commission is not just a good idea, but Parliament’s duty. I hope they will join all those already pressing for this to be brought to a vote in the Lobby as soon as possible.”
“We understand why Ministers fear that it could be a distraction from implementing current policies and reform programmes, but without this wider review no civil service reform will be sustained. Some fear that this review will become too vast a project, but this is not another Fulton committee. Not only was Fulton allowed to take far too long, but the committee was not based in Parliament and so it became divorced from the reality of government, lacked parliamentary authority and had a flawed remit. In a brilliant “Yes Minister” act of sabotage, its remit denied Fulton the right to consider any aspect of the relationship between Ministers and officials.”
“I am pleased that the proposed parliamentary commission commands widespread and respected support. Professor Lord Norton of Louth, a leading constitutional academic, told my Committee that he supports a “full-scale proper review”. The Government’s lead non-executive director, Lord Browne of Madingley, said that such a review is “long overdue”. He also said that “the biggest single obstacle to progress in government”— was— “the question of organisational learning, in particular from experiences of failure.” He made the key point that “stories of failure... are the only powerful mechanism for learning.” Jonathan Powell, the former chief of staff to Tony Blair, told us that without a commission “we will lose opportunities to be better governed and to get more stuff done”.”
“A sustained change in attitudes and behaviour has to be initiated by a renewed, united and determined leadership of Ministers and officials that encourages mutual understanding and co-operation and is enthusiastic to learn from external scrutiny and analysis. This will mean Whitehall’s leaders listening and learning to develop new skills. Ministers and officials are so pressed by the immediate economic, political and international issues that they will surely need external support and scrutiny to achieve this. Of course, some will find this difficult to accept, but what is the alternative? The remit proposed in motion 36, endorsed by the Public Administration Committee and the Liaison Committee, concentrates on the key issues: accountability, trust and leadership.”
“We do not have time to wait for attitudes to change. Far too many good people have got fed up with waiting, and they just leave. Also, far too much money is being wasted. As the Institute for Government pointed out this week, the spending challenge in the next Parliament will be much harder than in this one. Another point on which all four signatories to today’s motion agree is that these challenges cannot be fixed by Whitehall from within. That is not to disparage the present Whitehall leadership. No organisation facing this kind of challenge can change without external analysis that is both independent and, in this case, democratically accountable. The lack of such analysis is the reason other reforms have failed.”
“Accountability and trust depend on shared understanding—it is a two-way street. Within that framework, people become willing to take responsibility and to be held to account. And when things get difficult and mistakes are made, as always happens, openness and trust become even more essential if there is to be learning and improvement. This is the only way to improve accountability to Parliament and to citizens, and to avoid repeating mistakes. We need to analyse what accountability feels like in Whitehall today, given today’s intense pressures of the 24/7 media, freedom of information and more active Select Committees, and then to imagine what it should feel like. What, if any, change can be achieved unless we identify what attitudes and behaviour destroy trust? We need to identify those attitudes and develop a plan to change them.”
“Many feel they have done all they can to embrace change but have become cynical and learned how to keep their heads down until the latest initiatives pass by. I think that Ministers refer to that as the “bias to inertia”—a prevalent attitude and a common behaviour that together militate against risk taking and undermine accountability. When we speak of accountability, it is not simply a question of forcing obedience to ministerial orders so that instructions are carried out more directly, or finding who to blame when things go wrong. Accountability is much more about trust: not just about trusting people to take responsibility for carrying out their tasks and using their judgment, but about those people in turn trusting that the problems they face will be taken seriously, now and in the future, by those to whom they are accountable.”
“Problems such as a lack of key skills and competences are far from new, so we must also ask why, after repeated efforts to reform Whitehall in the conventional way over the past few decades, the same problems persist. The hardest thing to reform in any organisation is people’s attitudes and behaviour, yet there is little reference to attitudes or behaviour in the civil service reform plan, even though they should be the primary consideration. There has been much attempted reform over the years, focusing on organisation and skills, but those leading change need to understand why people behave as they do. Unless they can change that, the job titles might change, but few will change how they work. Indeed, much of Whitehall is fatigued by reform.”
“Friend has also described civil servants as: “Fabulous...Able, bright, energetic, ambitious to change the world.” I am sure he would agree that no one joins the civil service to block Ministers or Government policy. People join it with the best of intentions and motivations, to serve the country, so why would Ministers feel that those same civil servants are blocking or frustrating their decisions, or not giving truth to power? Why would officials feel that that was the right or only way to act? We do not need to rehearse examples of recent Whitehall failures, but we do need to ask why they occur and how Whitehall can learn from them. What are the common factors? We all agree that there is too much churn at the top in Whitehall, leading to discontinuity and loss of experience. How did it get like that?”
“The alternative is that we put it off. Perhaps the commission could finish more quickly, but these are very large and difficult subjects to deal with. The proposal one hears in the corridors of Westminster is that people want to put this off until after the general election. I suggest we cannot wait and I will come on to that point. The civil service reform plan was published two years later and most Ministers past and present today still agree that getting things done takes far too long and what is often presented to Ministers or implemented is too late or not of sufficient quality. The Minister for the Cabinet Office himself told us there had even been examples of “deliberate obstruction” of ministerial decisions by officials. My right hon.”
“If the commission were chaired by a Cross Bencher in the other place, there would be no space on the committee for a former Cabinet Secretary.”
“The right hon. Lady might be surprised to know that when I addressed 200 civil servants at lunchtime today and asked how many had read the Haldane memorandum, which remains the absolute basis of the doctrine of ministerial accountability and should affect every one of their working lives, no one put their hand up. Does that not suggest that we need to rework the whole concept of accountability into the education of civil servants so that they understand why they are accountable?”
“Why does my right hon. Friend think that the think-tank he has set up would be any more objective than a parliamentary commission? Indeed, how would it be more objective when it has been sanctioned and approved by the Cabinet Secretary and the civil service—the very thing he seeks to reform?”
“In all the speeches today, I have not heard a single solid argument against the civil service commission. Every argument in praise of GovernUp and the work it is doing is an argument in favour of the civil service commission in Parliament. How can we let one thousand flowers bloom, as the right hon. Member for Barking (Margaret Hodge) said—my right hon. Friend the Member for Arundel and South Downs (Nick Herbert) endorsed that—if we stamp on the one flower that has democratic authority and legitimacy on the question of the civil service in Parliament?”
“I thank my right hon. Friend the Minister and everyone who has spoken in the debate. I agree that it has been an interesting debate in which there has been a great deal of consensus and agreement. Let me just respond to the last point made by my right hon. Friend. The point we are making in our report is that it would be wrong for the Government to overrule the Civil Service Commission without Parliament having some say in the matter, because the Civil Service Commission was established by Parliament to provide precisely that kind of check and balance in the system to stop the Government making such a decision merely on the basis of royal prerogative. Personally, I am sympathetic to the idea that ministries should have more influence and choice, as they had in the past, over decisions about the appointment of permanent secretaries.”
“My hon. Friend says it is a weed, but I think he demeans himself by being derogatory about so many others who have offered their service in this, including Members who are supporting—”
“Will my right hon. Friend tell us what the point is of the Osmotherly rules? They require the Government to respond formally to Select Committee reports within two months of their publication, or six months at the very latest. It is with great regret that I must tell him that the Public Administration Select Committee has today published a report criticising the Government for failing to respond to our report on the business appointment rules, which are very controversial and not very satisfactory, for 20 months. We published the report in July 2012 but are still waiting for a response. We feel that we have been extraordinarily patient. Does he agree that his Department ought to have a system for chasing Government Departments on behalf of the House to ensure that they respond to Select Committee reports on time?”
“I commend my right hon. Friend’s calm approach to this diplomatic crisis and his determination to achieve a diplomatic solution. Will he tell us what Russia actually thinks of the EU-Ukraine association agreement, particularly title II, article 7, which states: “The Parties shall…promote gradual convergence in the area of foreign and security policy, including the Common Security and Defence Policy”?”
“Would it not be sensible if the House of Commons Commission were involved in the preparation of the note to be prepared by the Clerk of the House about the costs of such a parliamentary commission, so that it could give its view on the matter? Is it not the case that the additional net cost to the House of Commons of about £175,000 is pretty much de minimis in our budget of £215 million? After all, spending money on scrutinising the Executive is what the House of Commons is for, and cost would be a poor excuse from the Government not to have a parliamentary commission.”
“Will my right hon. Friend join me in welcoming the fact that the rather artificial and silly row about Conservatives being appointed to public bodies has now thankfully come to an end? Also, I inform him and the House that the Public Administration Select Committee is going to have a look at the relationship between public bodies and their sponsoring Departments, to see how they perform in bad times as well as good, how they deal with crises and how accountability should be improved.”
“I join my right hon. Friend in his condemnation of Russian action and duplicity in Ukraine. How does he think the west can help de-escalate, given that Ukrainian society is deeply divided and the present Government represent only one faction and are unelected? Should we not call for new elections in Ukraine—the election of a national Government—and should we not take the EU association agreement off the table as an unnecessary provocation in the current situation?”
“In a report last year the parliamentary and health service ombudsman, whose office is the responsibility of the Committee that I chair, the Public Administration Select Committee, carried out a survey of 94 trusts from across England and found that only 20% of boards were reviewing learning from complaints and taking resulting action to improve services; less than half were measuring patient satisfaction with the way complaints were handled; and less than two thirds were using a consistent approach to reviewing complaints data. One other finding, from memory, was that only 2% of trusts were considering complaint handling as a strategic issue to consider during a trust board awayday.”
“Complaints were made but often nothing effective was done about them.” Damningly, he found: “There is no evidence that the substance of any complaint was ever raised with the Board.” I shall come back to that point later. He also said: “Such an approach completely ignored the value of complaints in informing the Board of what was going wrong, and what, if anything, was being done to put it right.” As Members have been saying, this reflected a culture of denial about failings and complaints not just at Mid Staffs, but across much of the NHS. We know that the problems were wider than this one trust.”
“I believe that the Francis report is becoming a major turning point in the life of our national health service, which is one of our great institutions and is probably treasured above every other institution that the British people hold dear. The Francis report has moved the NHS from being a rather impenetrable bureaucracy into something that is much more fallible, human and compassionate. The Francis report highlighted the failings at Mid Staffordshire NHS Foundation Trust and stated that they were very much the result of a failure of leadership. As Francis said: “The patient voice was not heard or listened to, either by the Trust Board or local organisations which were meant to represent their interests.”
“Despite the scale and complexity of the health service, there is a common commitment to compassionate, safe, sustainable care among clinicians, managers, trusts, chairs and regulators, which could be the foundation for building a shared understanding of good leadership and practice. None of this will be a quick fix, but many building blocks of good practice are already in place. Gathering that learning together would strengthen and hearten leadership across the NHS. I believe that that is the real role of the NHS leadership academy as it builds its capacity, and I look forward to its developing in the future.”
“That is true not just for a few leaders, but for every leader of every team in every trust and GP practice in NHS England and the Department of Health. It is a much bigger agenda for the NHS leadership academy than currently envisaged, but we need that ambition if there is to be speedy and permanent change in the culture of the NHS, the attitudes of the people in it, and the way they behave. There is a great deal of excellent practice in the NHS, as in most large organisations, but it does not seem to be gathered in any systematic way so that learning can be shared. One consequence of that is that there does not seem to be a shared understanding of the kind of leadership that makes excellent practice more likely.”
“It clearly has a clear role to play, although it is very small at the moment. It deals only with potential trust chief executives—senior leadership in challenging roles. It is early days, and we need to involve the academy with trust boards, trust chairs, the leadership of NHS England and even the Department of Health. The academy must give priority to the values of compassion, openness and transparency, listening to and learning from complaints and accepting and learning from failure. It is not about people going off to Harvard, learning how to develop fantastic strategies and coming back with a personal vision that they impose on their organisation. That is not the kind of leadership the NHS needs, and indeed, such leadership does not work in business either.”
“Funnily enough, that point was made by a commercial witness to the Public Administration Committee’s inquiry into complaint handling, Mark Mullen, the chief executive of First Direct. He told us that “there is a relationship between how you treat your people and how you ask or expect or want your people to treat their customers…it is virtually impossible to create a positive outcome with customers unless you have created a positive relationship with your own employees.” I wish to leave the House with that serious thought—how NHS staff feel about their work has a direct impact on the quality of patient care, as well as on efficiency and financial performance. That is what this is about. I am taking a close interest in the NHS leadership academy, which the Secretary of State referred to.”
“The way health care staff feel about their work has a direct impact on the quality of patient care as well as on an organisation’s efficiency and financial performance. If those in the upper tiers of management are not also involved in feeling compassion for the patient, they place too great a burden of compassion on front-line staff. The people on the front line need support from those up the management chain, and compassion has to come from the top. High-quality, patient-centred care depends on managing staff well, involving them in decisions, listening to what they have to say, developing them and paying attention to the physical and emotional consequences of caring for patients.”
“In fact, statutory changes are almost irrelevant to the day-to-day life of people working in the NHS. The word we hear often is “culture”, and that is what needs to change and is changing. The key change needs to be to attitudes and behaviour within the NHS, particularly among those in leadership positions, who set the tone of the organisation that they lead. Leadership is central to that—not just the leadership of trusts, but leadership across the organisation at all levels. The Secretary of State is right to emphasise the importance of compassion in the NHS and the need to support those who are required to show compassion every day. Management need to feel and respect that compassion and reflect it in how they treat their staff, otherwise, as one colleague said to me, patients become objects, not people.”
“He said: “What it said about me was that first of all I was strong on the pace-setting. Give me a target and I will make it happen…Secondly, the feedback was that I was good at setting out a vision of what the future might look like. My weaknesses were around facilitating and coaching, and actually they are the issues that in a modern NHS will be much more highly prized than perhaps the last one.” I know that Sir David Nicholson has come in for an awful lot of stick and criticism, but there was a degree of self-knowledge there, and he expressed much regret in front of our Committee for what he had missed. Francis recommended changes to the law, and the Government are implementing those recommendations. However, I agree with the Select Committee on Health that enshrining duties and standards of care in statute is simply not enough.”
“In a powerful admission from somebody who has been at the heart of the NHS for so long, he said: “Undoubtedly, in broad terms, the NHS leadership is not equipped to handle some of the big issues that are coming forward, so we need to tackle that leadership. We need to work really hard on the culture of the system overall, because as you are going through that transition the importance of setting the right tone from top to bottom of the organisation is increasingly important…You need to make sure that you are learning the lessons and getting innovation from the system as a whole.” I am bound to add that, at the end of the session, I asked him about his own leadership. It is a credit to him that he explained that the diagnostic process that NHS leaders go through had been applied to him.”
“What we want in our health service is a culture of listening, understanding, caring, learning and supporting. I shall say a little more about that. Sir David said that the need for openness is not always recognised in the NHS. He went on to say that “we are publishing lots of data and information and people can connect together through social media and all the rest of it, things are opening out, but the leadership of the NHS…is having difficulty coming to terms with that and”— a rather nice little understatement— “is slightly behind it.” He accepted that that came down to leadership and culture.”
“As part of our inquiry we took evidence from Sir David Nicholson, the chief executive of NHS England, and Chris Bostock, head of NHS complaints at the Department of Health. The ombudsman told us that she found what she called a “toxic cocktail” within some NHS hospitals which combines a reluctance by patients, carers and families to complain, with a defensiveness on the part of hospitals and senior staff to hear and address those concerns. In oral evidence to our inquiry, Sir David accepted that when he said: “I do think there is a real issue about defensiveness and a lack of transparency in the way that we work”, and he accepted that complaints are important for learning and improving. A great deal has been said in this debate about processes, procedures, legal sanctions, rules and accountability, but those are for when things go wrong.”
“We inherited a system where executives took all the decisions and the role of boards was to oversee. No. In the private sector, the chairman of a company, even the non-executive chairman of a company, is the most crucial person for setting the tone, the values and the atmosphere in the organisation. We need to lay much more emphasis on the leadership of trust boards. The Francis report prompted the NHS, Government and Parliament to question the prevalent management culture in the NHS, and it is the main reason why we are looking not just at the ombudsman, but doing an inquiry into how complaints are handled not just by the NHS, but by Government Departments and across public services.”
“Yes, I welcome that. My Committee works closely with the PHSO, Dame Julie Mellor. I paid a visit to the PHSO’s office in London last week and listened to some of the complaints coming in by telephone. We have a lot to learn from the way she is changing things, but there is a lot we need to do to bring the institution of the ombudsman into the 21st century. My Committee is working on a report to be published shortly, which will make recommendations on that. The role of boards in the leadership of NHS trusts has not been given sufficient attention. Many boards are changing their practices and improving, but the research that we have been given suggests that the chairman of the board of a trust is the most important person in setting the tone of the organisation.”
“The Minister is outlining the legislative and regulatory changes that arise from the Francis report, but does he agree with the Health Committee, which attaches far more importance to the leadership academy mentioned by my right hon. Friend the Secretary of State? Is not the quality of leadership much more important to the day-to-day care that is delivered throughout the health service, and will the Minister say a bit more about that?”
“I very much welcome my right hon. Friend’s commitment to working with Russia to secure a stable and democratic future for Ukraine and to resolve the problems in Syria and Iran. However, will he make it clear that no nation in today’s world is entitled to establish or to seek to maintain spheres of influence? In this year, of all centenary years, we should remember that that is the politics that leads to war.”
“Does my right hon. Friend acknowledge the widespread appreciation of his personal commitment to improving skills in the civil service, which is truly commendable? Will he also take this opportunity to welcome the fact that the Public Administration Committee has just announced a new inquiry into skills in the civil service, and will he encourage people to send us as much evidence as possible?”
“Q7. Does my right hon. Friend share my concern that the Public Administration Committee inquiry into police recorded crime statistics has uncovered serious deficiencies in the reliability of those statistics? While crime is undoubtedly falling overall, would he agree that the Home Office should work urgently with police chiefs across the country to restore the authority of these statistics, and that police chiefs should concentrate on leadership based on values and service to the public, not on discredited targets?”
“Does not that episode underline the point of our signing a letter to the Prime Minister at the weekend, because it is not the lack of a power of veto that seems to matter in this case, but the reluctance to exercise a veto even when we have one?”
“If EU defence is really just harmless intergovernmentalism, why do we have directives that have the force of law in the field of defence? Why do these conclusions include invitation after invitation for the Commission, which is not an intergovernmental institution, to lead on initiatives? Why are we still in the European Defence Agency, which contains expensive provision for qualified majority voting on defence? Is not my right hon. Friend becoming somewhat blind to the fact that we are moving towards a federal defence policy and a European army? He is in denial.”
“I commend the Howard Davies commission for recognising that the Isle of Grain cannot be lightly dismissed and merits further consideration. However, he said this morning, when comparing it with the other proposals, that the Thames estuary proposal was “a much more extensive proposition for shifting the economic geography of the south-east of England by creating a new pole of economic development.” Is that within the remit of the commission?”
“Is that not an effective way of bringing change to Whitehall?”
“I thank my right hon. Friend and the Liaison Committee for so emphatically endorsing the “Truth to Power” report produced by my Committee, the Public Administration Committee, and the central conclusion that there should be a commission on the future of the civil service. Does my right hon. Friend not agree that it is entirely predictable that there should be natural resistance to that conclusion from a Government who wish to concentrate on winning the next election and from a senior civil service that will fight shy of scrutiny of problems and failures in the civil service and the degree of change that needs to be delivered? Should we not invite the Government to set those excuses aside? They have had three and a half years to reform the civil service. It is taking a long time. The inquiry will sit for only a year before it will report.”