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 would just point out that we should not try to make ourselves too important in this debate. This is a take-note motion. I have spoken in many debates on such motions. The amendment expresses an opinion on whether the Prime Minister should adopt this little bit of body language or that little bit of body language. It will not make a blind bit of difference to what he does when he goes to the Council of Ministers. The amendment is simply a cry of despair from the British people who want their elected representatives to say something to the Front Benchers of both parties, who have betrayed the British people on the question of our relationship with our European partners throughout the 20 years I have been in Parliament.”
“What this country needs to do is rapidly reassess what relationship we want with the European Union so that our resources can no longer be appropriated in a manner over which even this House, which founded its powers on the control of supply, has no control. As for “own resources”, it is about the European Union having the right to sequester taxation, money and supply from our country, without the consent of this House. I do not think that is what the British people want; it is certainly not good value for money, and they can see that. This relationship is in crisis. The message that a vote for this amendment tonight will convey to the Government is that they are not addressing this crisis with sufficient urgency.”
“That seems to me to be absolutely plain and axiomatic, absolutely simple, yet what we have at the moment is a coalition that is paralysed by that coalition—paralysed by an institutionalised disagreement by the two parties in coalition. The renegotiation opportunities at the moment are passing us by. The British people are aware of that paralysis and I do not think that they will put up with it. We are going to finish up having more debates like this, more crises, more difficulties, more dysfunctionality in how Ministers are forced to conduct themselves in the Councils of Europe—and that will put this country in the worst of all possible worlds. To that extent, I agree with the hon. Member for Ilford South.”
“I do not want to leave the European Union; I want us to engage in a renegotiation of our terms of membership. Now is perhaps not the occasion for such a debate, but it is quite clear that the European Union is becoming a very different kind of European Union—even from the European Union agreed in the Lisbon treaty, let alone from the Common Market, which the British people voted to join all those years ago. It seems to me that if the EU is changing fundamentally and we do not want to be part of a political union, an economic union or part of a currency union or a banking union, we are going to have to change the arrangements by which the EU can legislate to make the laws in our own land.”
“Does my right hon. Friend share my concern that the development of a eurozone banking union demonstrates how the UK is increasingly finding itself in the worst of all possible worlds—bound and directed by a qualified majority that is solid in the eurozone? May I remind him that we already have a European Banking Authority which is based in London and operates by qualified majority vote?”
“May I ask the Deputy Prime Minister what he thinks politics in this country should be about? I remind him that he argued with some passion for more equal constituencies and fairer boundaries on their own merits. Is politics about arguing for what one believes in on a point of principle, or is it about getting what one can out of a particular situation for one’s own political advantage, in which case why should we ever believe anything he says?”
“The hon. Lady mentioned the commission that is being established by the Government. It will inevitably consider the Heathrow proposal, which is shovel ready, and other proposals such as for the Thames estuary airport, which is much less developed. Is she concerned that this inquiry must not only be objective but be seen to be objective, and that, therefore, it is up to the Government to spend some money on bringing forward the alternative proposals that they want considered during the inquiry—otherwise, it will not be an objective inquiry, but a fix for Heathrow?”
“To assist the Minister and the House, may I inform Members that the Public Administration Committee is conducting an inquiry into the post-legislative review of the Charities Act 2011 and that the role and charitable status of religious organisations are subjects we are concerned about? I invite the hon. Member for Coventry South (Mr Cunningham) to engage with the Committee on this subject. We are happy to discuss it with him.”
“I welcome the Bill, as does the charitable sector generally. So many people making small donations have thought about the need for this reform, and it is such an obvious reform to make—although, of course, the implementation is much more complex than the concept. Would it be sensible for the Government to agree now that whatever scheme is implemented in the Bill will be subject to review after two or three years, so that there is a mechanism allowing it to be swiftly amended by secondary legislation within a limited period? That will enable lessons to be learned, and perhaps it will be possible to extend the scheme to a broader range of charities so that more of them can benefit from it in the future.”
“Why has £5,000 been chosen as the sum, and why is it actually written into the Bill? Is there some means of amending the figure at a later date, in the light of experience or inflation?”
“As I said, the Public Administration Committee is very interested in this issue and my hon. Friend the Economic Secretary was very receptive to the idea of revising the scheme after a period of operation to accommodate those concerns. Does the hon. Lady agree, therefore, that it would be sensible to include a clause that allows the scheme to be amended by secondary legislation without having to come back to the House to get another Act of Parliament? That clause is not in the Bill at the moment, but would she support its inclusion?”
“My right hon. Friend should comfort himself: he gave it his best shot, with all his sincerity, and we respect him for that. May I draw his attention to the fact that the Parliamentary Voting System and Constituencies Act 2011 remains in force? Therefore, the boundary commissions remain under a duty to make proposals on a House of 600 Members. Does he have the power to instruct them to stop? No, he does not. Is he therefore not simply going to obstruct a constitutional process for his own party political advantage, which is a disgrace?”
“Is this really such a big change in the scrutiny of how these things are done? Since we joined the European Union, has there ever been an amendment to the European treaty that did not require an Act of Parliament?”
“My right hon. Friend is in something of a Catch-22, which he is skilfully trying to obscure from us. If the article basis for the May 2010 mechanism was illegal or questionable, why do we need this legislation to get out of it and why did we not challenge it? If it was not illegal, why is it necessary to amend the treaty to legalise a different mechanism? The very fact that the European Commission and the other member states have agreed to the treaty amendment, which effectively does away with the no bail-out clause that was so central to the passage of the Maastricht treaty, means that they admit implicitly that the original mechanism had an illegal treaty base.”
“Why, then, was the previous Government’s parting act to agree that the UK should be liable under the stability mechanism that they approved?”
“Does the right hon. Gentleman not think that there is an inconsistency in saying that we do not want a referendum on this issue, yet vetoing the fiscal union treaty in December? We are effectively consenting to the process of fiscal union by allowing the treaty amendment to go through almost on the nod, effectively abolishing the no bail-out clause, which will be the foundation of fiscal union.”
“Is that not the grandmother’s footsteps of European integration that he and I have always railed against?”
“I cannot quite believe what I am hearing, because a criticism that my hon. Friend and I have regularly made of the European Union is that what we are categorically assured will not happen then happens, and when we amend the treaty just to tidy up the wording, that makes it more explicit that it was always intended to happen in the first place. May I just read to him what the no-bail-out article actually says? It says: “A Member State shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of another Member State”. That is what the treaty says now and he is supporting, by a sort of sleight of hand, that being negated and set aside simply because it has already happened illegally.”
“Where is the consistency in the Prime Minister’s vetoing fiscal union at 27 in December last year and now implicitly consenting to it by scrapping the no bail-out article? Should we not be extracting a real concession? Should we not be getting the concessions we really want? Should we not be using this opportunity as a fulcrum for renegotiation? Is this not the moment—when these countries want fiscal union to support monetary union—to say, “This is what we want to pull back in return”? Instead, we are just giving this away, and for what?”
“The same damage is done to the reputation of the Minister in question who, if innocent, would doubtless prefer the clean bill of health given by an independent investigation. In the more recent case, we finished up with one of the most unpleasant and acrimonious debates in the House of Commons that I have ever witnessed. The office of the independent adviser was set up to improve public confidence in the conduct of Government, but that episode does not vindicate it as a success. Changing the procedure would avoid all that. It would make the adviser more genuinely independent, and it would help to remove the public suspicion that ministerial conduct can be protected from proper investigation. Short preliminary investigations, unimpeded by political considerations, would speed up the whole process.”
“However, PASC has established that Sir Philip’s successor, Sir Alex Allan, will conduct swift preliminary inquiries if asked to do so, so that he can play his proper role. The problem of public perception was all the more acute in the case of the Secretary of State for Culture, Olympics, Media and Sport and the conduct of his special adviser, Adam Smith. The problem with the present system is that as soon as the question of a serious potential breach of the code and a possible referral to the Prime Minister’s adviser arises, the Prime Minister is damned if he does, and damned if he does not. Referral is seen either as condemnation of the Minister’s conduct or as an attempt to protect the Minister from a full investigation.”
“The Prime Minister could do this on his own initiative, without any need for legislation, but placing the post on a statutory footing would be preferable.” The disadvantages of the present arrangements have been manifest in recent months. Sir Philip Mawer, the previous incumbent, expressed his frustration to the Committee that he was given no role in the investigation of the conduct of my right hon. Friend the Member for North Somerset (Dr Fox) in respect of Adam Werritty, and suggested that there needed to be a willingness to engage the adviser earlier in the process of investigating potential breaches of the ministerial code. In that case, the Cabinet Secretary conducted the investigation instead of the adviser. Why? We were told that the adviser would have taken too long.”
“The Committee was not suggesting that the Prime Minister should cease to make decisions about who to appoint or to dismiss as Ministers, or that he should cease to account to Parliament for those decisions. It merely suggested that he should be supported by truly independent advice. PASC’s most recent report on the subject, entitled “The Prime Minister’s adviser on Ministers’ interests: independent or not?” was published this year. In it, we concluded that, because our previous recommendations had not been implemented, “the title of ‘independent adviser’ is a misnomer.” Paragraph 44 of that report also reiterated PASC’s central recommendation “that the independent adviser should be empowered to instigate his own investigations.”
“The Prime Minister is clearly not an impartial figure when it comes to deciding whether or not to instigate an investigation. If the regulatory system is to have credibility, that decision must be taken out of political hands.” In paragraph 34 of the report, the Committee therefore concluded: “Until the changes we outline have taken place, it is inappropriate to refer to the new investigator as an Independent Adviser.” The previous Government refused to accept PASC’s recommendation because they believed that “it must ultimately be for the Prime Minister to account to Parliament for his decisions and actions in relation to the appointment of his Ministers”. I have to say that that rather missed the point.”
“Under the present arrangements, the question of whether or not to investigate is therefore in the hands of the Prime Minister of the day, on the advice of the Cabinet Secretary. In 2006, in paragraph 17 of PASC’s report entitled “The Ministerial Code: the case for independent investigation”, the Committee warned: “It is hard to see how the Independent Adviser can command public confidence if the Prime Minister can decide that prima facie breaches of the Code will not be investigated. Put simply, there is no point in having an investigator in post if he is not given discretion to investigate very public allegations that the Code has been breached.” Paragraph 20 of the report points out: “The decision to instigate an investigation still lies with the Prime Minister.”
“The issue turns on a simple question of principle, which is whether or not the Prime Minister’s adviser on Ministers’ interests should be able to decide for him or herself to investigate a potential breach of the ministerial code. All the credible advice that we have received suggests that such a decision should be a matter for the adviser and not for the Prime Minister. The Public Administration Select Committee—PASC—has advocated that course of action since the first adviser, Sir John Bourn, was appointed by Tony Blair in March 2006. The ministerial code sets out the circumstances in which the adviser—always referred to as the “independent adviser”—is requested to investigate alleged breaches of the code.”
“I beg to move, That this House calls on the Government to implement the recommendation made by the Public Administration Select Committee in paragraph 44 of its Twenty-second Report of Session 2010-12, The Prime Minister’s Adviser on Ministers’ Interests: independent or not?, that the Independent Adviser on Ministers’ Interests ‘should be empowered to instigate his own investigations’; and notes that this motion has been agreed by the Public Administration Select Committee. I am extremely grateful to the Backbench Business Committee for giving the House this brief opportunity to express an opinion on this question today. The Public Administration Select Committee motion is supported by no less than 18 Select Committee Chairmen.”
“I submit that that would be a question of the robustness of the adviser. The process would operate in a similar way to that of the Parliamentary Commissioner for Standards, in that if the adviser felt that there was a serious case to answer, he would pursue it. If he thought that it was based on hearsay or tittle-tattle, he would dismiss it. Obviously, the moment at which he announced an investigation would be a threshold moment, but we have experience of that with the Parliamentary Commissioner for Standards, who operates in that manner.”
“The hon. Gentleman also serves on the Committee, and I am grateful to him for his participation. He makes his point extremely well. Witch hunts start when there is a suspicion that the Prime Minister is seeking to protect a Minister from an investigation. That is when the media—and, indeed, Her Majesty’s official Opposition—tend to jump on the bandwagon.”
“The hon. Gentleman raises a salient point. The manner of the adviser’s appointment was mentioned in the report, although I am not going to address it directly today. In 2003, before the post was established, the Committee on Standards in Public Life originally recommended that the appointment should be made through the public appointments process and overseen by the Commissioner for Public Appointments. That has not happened. It did not happen with the appointment of Sir Alex Allan, and we have been highly critical of that fact. We believe that there should be an open public appointments process for this role, as there is for any other significant public appointment.”
“I imagine that any Minister who pressed the Prime Minister for referral should be granted one; however, it might be granted or it might not be—it is a matter for the Prime Minister. That is that. I do not know what a Minister who wanted to be referred would do if the Prime Minister refused that; I think he would just have to lump it.”
“I think the guidelines are the ministerial code, and it should be for the adviser to determine his own process, but it is perfectly reasonable for the Government and the Prime Minister to insist that the adviser has a quick process to establish prima facie cases and decide whether they are worthy of further investigation rather than go into the full process straight away. I can understand the Prime Minister being reluctant to refer cases to Sir Philip Mawer, who had established a very long, tortuous and indisputably fair process, but not one that could be quick under the pressure of political events as required.”
“We held a hearing with the new adviser on Minister’s interests, but we were anxious—at least, I was anxious—to make it clear that it was not a pre-appointment hearing. Personally, I have absolutely no doubt of Sir Alex Allan’s bona fides and integrity. Unfortunately, we expressed the view that the manner of his appointment undermined the idea that he is actually an independent adviser, although he is certainly an adviser. He has a day job, too, in that he advises Ministers on their respective private interests and potential conflicts of interests, and ensures that there is a register of Ministers’ interests. That is his main job, and I have no doubt that he does it extremely efficiently. As I say, however, the manner of his appointment does not lead the public to believe that he is truly independent.”
“I appreciate the fact that Government insiders, including my right hon. Friend the Prime Minister, see this as a potentially huge change, but those who are outside government and not imbued by being in government see this as a very obvious change to make. Today, on the last day of term, not many colleagues are here, but I nevertheless intend to press this matter to a vote. I challenge Ministers not to resist, and I challenge Labour Members, too, to show how they now embrace what they resisted when they were in office. I have no doubt where public sentiment lies, so let us not delay any longer to bring about what should have been implemented years ago, for this issue will return again and again. PASC will return to it, too, until this recommendation is accepted.”
“We are certainly minded to conduct a further inquiry into the ministerial code at some stage. At the moment, we are waiting for the Government to respond to our latest report on the Prime Minister’s adviser. To reiterate, the Parliamentary Commissioner for Standards has the power to instigate his own investigations. Who would suggest now that he should not? His office would command little public support and therefore provide little protection for the reputation of this House and its Members. Other systems in countries such as Canada allow political ethics regulators to instigate their own inquiries into ministerial conduct. How can the Prime Minister—any Prime Minister—be objective or, perhaps more importantly, be seen to be objective when he has to make judgments about close colleagues that could have far-reaching political consequences?”
“I resent the hon. Gentleman making that implication, because I do not think that it does reflect why all the signatures are on the motion. What it does reflect, however, is the fact that the previous Labour Government did not accept this recommendation from the predecessor Committee. It is incumbent on him to explain whether the Labour party has now changed its mind and will support this motion, or whether he is just going to use this opportunity to make political points in this debate.”
“I want to complete my remarks by referring to the two Front Benchers. They are both erudite and intelligent people who have done their best to avoid addressing the crunch issue. I understand why the Government are reluctant to make the change, but I am prepared to press this to a vote because otherwise we will be back again having exactly the same debate as we always do. I put it to the Opposition spokesman: if we finish up with another debate moved by the Opposition on why somebody has not been referred—”
“He should somehow take part in our inquiry into the ministerial code, when we get to it, because he has a lot of important and interesting contributions to make, but I submit to him that the code should be owned by Parliament and controlled by Parliament in order that it can become a mechanism that can be used by Parliament to hold Ministers to account. Let us remember that the code was secret until quite recently. It was published only recently and it was only very recently that it started being referred to in statute. The point has been made that a change has been smuggled in whereby Ministers have to obey international law even if there is no statute that requires them to obey that law. That is an extraordinary constitutional innovation and it is one of the things that we would want to look at.”
“I am extremely grateful for the opportunity to reply to this debate, Mr Deputy Speaker. It is custom and practice in this place to say what an interesting debate we have had, but we really have had an interesting exchange on this occasion. I am very grateful for, and indeed touched by, the warm remarks of members of the Public Administration Committee who have made comments about how much they enjoy working on that Committee—that goes for me, too. I very much appreciate their participation and support for our activity. Many of those hon. Members spoke in this debate, but by far the most interesting contribution was made by my hon. Friend the Member for Rochester and Strood (Mark Reckless), who raised a number of interesting things about the ministerial code. We are not debating its content; we are debating how the code should be enforced.”
“I welcome my right hon. Friend’s statement, but will he reflect on the fact that some years ago President Giscard d’Estaing himself—a wise European—said that the United Kingdom would need to negotiate for itself a special status in the European Union? I commend my right hon. Friend’s recognition of public opinion, but at least two thirds of public opinion favours a looser trade and co-operation relationship with the EU, rather than this disastrous process of integration. Will he shout from the rooftops that only a Conservative Government will deliver the renegotiation that British people want?”
“May I draw my right hon. Friend’s attention to the debate on Tuesday on the Prime Minister’s adviser on ministerial interests? The motion now has, or will by tomorrow morning, no fewer than 18 signatures from Chairs of Select Committees, and includes support from people such as the right hon. Member for Birkenhead (Mr Field) and our right hon. Friend the Member for Mid Sussex (Nicholas Soames). I have good indications and hope that Her Majesty’s Official Opposition are also sympathetic to the motion. Will the Government be seeking to block the motion and will the Leader of the House say which Minister will be leading for the Government?”
“May I commend the Government for the wisdom of their decision today? But may I put it to my right hon. Friend that whatever moral authority this Bill had it has now lost? I commend his determination to reflect on what to do next, but may I beg him to make no further commitments about what might be decided, because I think that the authority of the coalition will be undermined if it proceeds with a Bill that it is unable to obtain?”
“Programme motions are, in fact, a modern convention. Constitutional measures used to go through the House without any timetable motions, or even guillotines, at all, and with any major constitutional measure on which the Government are determined to deny any referendum, a proper discussion of the relevant Bill is the only check and balance that this House has on change in our constitution.”
“I am describing not a worst-case scenario but the Government’s actual plan for conducting the progress of the Bill—to submerge this Parliament in a quagmire of Lords reform.”
“That is why so many seasoned Westminster watchers are so utterly perplexed about the determination with which the coalition is pressing ahead with this suicidal Bill. I suspect that it will prove to be a grievous self-inflicted wound for the coalition, perhaps even fatal, if it persists with it. Today’s dignified retreat nevertheless represents an abject defeat on the Bill, as there is little that saps the authority of an Administration more than an inability to obtain its business. If a timetable motion were to be passed, it could prove the worst case for the coalition. A cobbled together, under-scrutinised proposal would undoubtedly get through this House in some form and then paralyse the upper House for the rest of the Session, only to be reintroduced in the next Session and forced through using the Parliament Act.”
“I commend the hon. Member for Ilford South (Mike Gapes), who is breaking ranks with his party for the first time. It is a big step after such an illustrious career in this House. The Government may well be withdrawing the programme motion, but I want to address the continuing threat of a timetable motion. Any attempt to force through a constitutional Bill of such significance and controversy represents an abuse of Parliament. Nobody whom I have heard speak in this debate is against reform of some form. Nobody supports the House of Lords as it is. The problem that this House always has to battle with is that, although there may be a consensus in favour of reform, there is no consensus on any particular reform.”
“As it stands, we are being asked to give a Second Reading to a Bill that will invite the Government to fast-track a massive constitutional change, which will nevertheless distract us from the crisis that demands our attention, which may fundamentally change the character of the government of our country, which fails to address the most fundamental questions about the upper House, which represents gerrymandering of the constitution and is the product of a stitch-up to stay in power, for which no referendum is to be provided, and on which the Government are determined to curtail debate.”
“Primacy, powers, accountability, remuneration, costs, expenses, staffing support, IPSA, financial privilege, the scrutiny of regulations, elections, voting systems, eligibility, constituencies, the question of a referendum or not—how many other topics will there be to debate, or must we have the freedom to debate should we so choose? Constitutional measures used to pass through the House before there were timetables. Both the Parliament Acts themselves passed through the House without a timetable or guillotine. No timetable should be imposed, because our ability to scrutinise legislation in full is just about the only real check or balance in our constitution to protect it from the tyranny of a simple Commons majority.”
“Friend the Parliamentary Secretary that the much quoted Winston Churchill would be heaving in his grave with fury and indignation at the mere suggestion. The timetable is a modern invention, only introduced in 1997. The guillotine used to be an absolute exception, and even then was never used on a constitutional issue. The Bill has 60 clauses and 11 schedules containing a further 158 paragraphs. The Government’s withdrawn motion would have allowed 60 hours in Committee, which would have been taken up by Divisions, urgent questions, statements and points of order as well as debate. That would have left, perhaps, an average of half an hour for each clause, let alone the schedules.”
“May I address the extraordinarily charming and eloquent speech given by the right hon. Member for South Shields (David Miliband)? He said that the Bill’s opponents were trying to have it both ways, but it is its supporters who are trying to have it both ways. They cannot argue that an elected Lords would be more legitimate but in the same breath insist that the relationship between the two Houses would remain the same. The issue of primacy is just one of the fundamental issues that we will need to address before the Bill leaves this House. That brings me to the continuing threat of a timetable motion. To timetable a constitutional measure under the current circumstances would be unconscionable. I say to my hon.”