Standards in Public Life

Part of the debate – in the House of Commons at 1:02 pm on 7 June 2022.

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Photo of Michael Ellis Michael Ellis Paymaster General, Minister of State (Cabinet Office) (Attends Cabinet) 1:02, 7 June 2022

I respectfully disagree with my hon. Friend for the simple reason that there is the issue of inadvertence. That is a relevant factor. As someone who has been involved in the law for many years, I think that one should take the approach of accepting that there is a difference between inadvertence and deliberate conduct.

The initiation of investigations by the independent adviser has been subject to much comment. I assure hon. Members that the Government have considered the range of views on this carefully. The revised terms of reference set out an enhanced process to allow for the independent adviser now to independently initiate an investigation, having consulted the Prime Minister and obtained his consent—[Interruption.] That is an improvement on what was the case before. It is also stated in the new iteration that the Prime Minister would normally provide that consent. I note here that Lord Evans has made it clear that the introduction of a range of graduated sanctions means that the independent adviser should be given the full authority to independently initiate investigations, and that these recommendations were part of the package. The Government have considered that carefully. While they take this view seriously, please allow me to lay out why we consider it critical that the Prime Minister retains a role in the initiation of investigations. [Interruption.] Because this is a constitutional imperative. The Prime Minister is head of Her Majesty’s Government and is accountable for the conduct of the Executive. That authority and that accountability derives from the Prime Minister’s ability to command the confidence of this House, and that derives from the Members of this House, including those who hold office —all of us—at the behest of the electorate. This Government are committed to maintaining that constitutional position and the accountability of the Prime Minister, including in decisions. If we usurp that and hand that authority to someone who does not have electoral accountability, that would be a constitutional irregularity. To hand such decisions to another appointed individual without a check or a balance would be to undermine that position fundamentally.