Ministerial Code

(Urgent Question): To ask the Prime Minister if he will make a statement on the recent apparent breaches of the ministerial code and whether he intends to refer the matter to the Cabinet Office for further investigation.

On Saturday 29 February, the Cabinet Secretary and head of the civil service received and accepted the resignation of Sir Philip Rutnam as permanent secretary at the Home Office. On the same day, the Cabinet Secretary announced that Shona Dunn—then the second permanent secretary at the Home Office, responsible for borders, immigration and citizenship—would become acting permanent secretary with immediate effect.

Allegations have been made that the Home Secretary has breached the ministerial code. The Home Secretary absolutely rejects those allegations. The Prime Minister has expressed his full confidence in her, and having worked closely with the Home Secretary over a number of years, I have the highest regard for her. She is a superb Minister doing a great job.

This Government always take any complaints relating to the ministerial code seriously, and in line with the process set out in the ministerial code, the Prime Minister has asked the Cabinet Office to establish the facts. As is usual, the independent adviser on Ministers’ interests, Sir Alex Allan, is available to provide advice to the Prime Minister.

It is long-standing Government policy not to comment on individual personnel matters, in order to protect the rights of all involved. What I can and will say is that I know that the dedicated ministerial team at the Home Office and their superb civil servants will continue their critical work on the public’s behalf, keeping our country protected from the terror threat, bearing down on criminals who seek to do our communities and our country harm, and delivering a fair, firm immigration system that works in the interests of the British people. The Home Office works tirelessly to keep our citizens safe and our country secure, and we all stand behind the team leading that vital work.

Mr Speaker, I am grateful to you for granting this urgent question. I thank the right hon. Gentleman for his reply, but my question was to the Prime Minister. Could we have an answer as to where the Prime Minister is this afternoon? When an urgent question to the Prime Minister is granted, one would expect the Prime Minister to come to this House to answer the question that has been put to him.

It is the Prime Minister’s job to oversee the ministerial code. If the serious allegations raised by the permanent secretary at the Home Office, Sir Philip Rutnam, about the Home Secretary’s conduct are true—including

“shouting and swearing, belittling people, making unreasonable and repeated demands”—

that would clearly constitute a breach of the ministerial code.

The Prime Minister himself, in his foreword to the code, said there must be

“no bullying and no harassment”.

Those are his words in his foreword to the ministerial code, so why, without a proper investigation, has the Prime Minister defended the Home Secretary, calling her “fantastic” and saying he “absolutely” has confidence in her?

It is not enough just to refer this to the Cabinet Office. The Government must now call in an external lawyer, as has quite rightly been suggested by the union of senior civil servants, the First Division Association. A Minister in breach of the ministerial code cannot remain in office and should be dismissed.

These are just the latest in a series of allegations that suggest an unacceptable pattern of behaviour. According to reports in our media, a number of the Home Office clashes have involved demands from the Home Secretary some of which were considered illegal by officials—illegal by officials. Most disturbingly, the Home Secretary reportedly asked officials to reverse a court ruling halting the deportation of 25 individuals to Jamaica last month. If that is the case, was the Home Secretary not trying to push officials into breaching a ruling by the Court of Appeal?

I am grateful to the Leader of the Opposition for his questions. The Prime Minister is of course in Downing Street, leading our response to the coronavirus, implementing the people’s priorities and making sure that the manifesto promises at the general election are delivered. He is governing in the national interest, delivering for the British people. As the Minister responsible for the civil service, I am pleased to be here in order to be able to uphold the ministerial code and to underline our thanks to our superb civil service for the work it does every day, implementing the manifesto commitments on which we were elected.

The Leader of the Opposition asks if this investigation is robust and fit for purpose. Of course it is. The ministerial code is absolutely clear, and the Cabinet Secretary, who polices it alongside the Prime Minister, also has access to Sir Alex Allan to ensure that every part of the ministerial code is adhered to. One of the things that is clear about this Government is that we believe that Ministers, special advisers and civil servants need to work together with confidence, with clarity and in a co-ordinated fashion to ensure that our priorities are delivered.

The Leader of the Opposition referred to media reports. I would have thought that he of all people would be wary of believing what he reads in the newspaper. We make no apology for having strong Ministers in place to ensure the effective delivery of public priorities. There is a stark contrast between the actions that the Home Secretary and her colleagues are taking to keep this country safe, and the danger in which our country would have been placed if he had won the general election and his approach towards national security had been followed.

The final thing that many will reflect on is that it is vitally important that all of us in this House uphold the highest standards of civility and respect for others. However, many people will look at the Opposition Front Bench and reflect on the fact that Labour MPs required armed police protection at their own party conference, and that the shadow Chancellor spoke of lynching Members of this House, and they will draw the conclusion that all of us need to reflect on the importance of restoring civility to public life before we throw around allegations like that.

Order. I am expecting to run this urgent question for about 45 minutes.

I am someone who strongly supports the work that the Home Secretary is doing to make sure we are secure and to have a new borders policy. Can the Government guarantee that this will be a quick process, so that we can get to an early answer and she can get on with the job?

My right hon. Friend speaks for many in the country. The Home Secretary is doing a superb job. The new points-based immigration system is in line with what this country wants, and we want to make sure that this process is expedited in a fair way.

The circumstances surrounding the resignation at the weekend were unprecedented, although the Government seem to thrive on unprecedented circumstances. It seems that the Home Secretary may be trying to create a hostile environment inside the Home Office, as well as outside it. We in the House are all managers of staff, and every Member understands the rewards and challenges that brings. There is a world of difference between robust management and bullying, however, and only an independent investigation can establish which of the two has gone on. That is what the FDA union has called for, so why will the Government not agree to an independent investigation? What are they afraid of?

On the whereabouts of the Prime Minister, we know that in the past he was so afraid of the scrutiny of the House that he tried—unlawfully—to shut it down. Is he still afraid of the scrutiny of the House of Commons, or is he in hiding because we are about to lose another Cabinet Minister from one of the great offices of state?

I am grateful to the hon. and learned Lady for her question, and she knows that I have enormous respect and affection for the work she does. She is right to say that, as we are all managers of staff and public servants, we must be properly robust and exacting in ensuring that we do everything we can to deliver for those who put us here. All my ministerial colleagues know that their first responsibility is to the British people, and to delivering the manifesto on which we were elected.

The hon and learned Lady rightly said that it is important that any investigation is thorough, rapid, independent, and authoritative. The Cabinet Secretary will be leading the work in accordance with the ministerial code, and with access to the independent adviser, Sir Alex Allan, and that will ensure a proper and fair inquiry. On the presence of the Prime Minister, as I said earlier, the Prime Minister is determined to ensure that across Government we fulfil our manifesto pledges, and it is right for him to lead that work. As the Minister responsible for the civil service, it is appropriate that I am here answering these questions.

How does my right hon. Friend think that Margaret Thatcher would have got on if she had been subjected to the same smears and sexism as have been used against the current iron lady in the Home Office?

My right hon. Friend makes an important point. We are all aware that progress in the past has depended on strong Ministers, and indeed strong Prime Ministers, setting exacting terms, but it has also depended on having a brilliant and able civil service that can act with confidence and provide candid advice. Those two important pillars of our constitution are at the heart of this Government’s operation.

Sir Philip Rutnam’s statement said that he received allegations about the Home Secretary’s behaviour from other civil servants. Will the Minister say how many allegations there have been, from both within and without the Home Office, and will every one be investigated as part of this inquiry?

As the right hon. Lady will appreciate, it would be improper for me to go into individual personnel cases, but every legitimately raised complaint will, of course, be investigated.

Anyone who has watched “Yes Minister” will know that profoundly felt differences of opinion can exist between civil servants on the one hand and Ministers on the other. Does my right hon. Friend agree that, when a Minister or Secretary of State is implementing Government policy, that must prevail? Civil servants are Crown servants and, as I am sure they would agree, they really do have to carry out the will of the people.

My hon. Friend is right, and as I and my ministerial colleagues know, when implementing our manifesto commitments it is important that we are robust and clear about what is required, to ensure that we deliver for the British people. It is also true that the effective delivery of Government policy depends on candid advice from civil servants, and that relationship must therefore be one in which both sides respect each other’s particular responsibilities, as I know is the case across Government.

The right hon. Gentleman will know that it has now been almost two years since the Windrush scandal. Do the allegations made in relation to the Home Secretary relate to the publication of that long-overdue report? Will this debacle, and the loss of the permanent secretary, mean that that report will now be delayed even longer?

I recognise that the right hon. Gentleman has been a formidable and effective advocate on behalf of the Windrush generation, but it is important for me to state that I have no evidence that any of the allegations that may or may not have been made relate to the report. The report is being conducted entirely independently. I understand his anxiety, and the anxiety of many across the House, to see that report published as soon as possible. I know that that is the Government’s wish as well.

Will my right hon. Friend take a small piece of advice from me and my family, who have given over 150 years’ work to the civil service of our great country? Civil servants give advice, and Ministers and Secretaries of State enact Government policy. The two should not get mixed up, so will he please give our support to our present Home Secretary?