Conservative MP Joy Morrissey has written to Ed Miliband inviting him to refer himself to the Independent Advisor over links of donations to himself and the Labour Party.
Ms Morrissey posted to X:
Ed Miliband has been a passionate believer in Ministers being referred for investigation under the Ministerial Code.
Today I’ve invited him to be a trailblazer and refer himself to the Independent Advisor. Given his track record, I know he will welcome this opportunity to be held to account.
His evasion about the links between a £4m donation to the Labour Party, £99k to himself and his appointment of a Climate Envoy cannot go on. The Ministerial Code is clear - he should have managed the perception of a conflict of interest.
-- Joy Morrissey MP, 11th December 2024
Ms Morrissey's letter is below.
https://twitter.com/joymorrissey/status/1866856474141507709
Ms Morrissey's letter in full:
JOY MORRISSEY MP Member of Parliament for Beaconsfield
The Rt Hon Edward Miliband MP
Secretary of State for Energy Security and Net Zero
Department for Energy Security and Net Zero
1 Victoria Street
London
SWIH OET
11 December 2024
Dear Secretary of State,
Re: Self-Referral to the Independent Advisor on Ministerial Standards
On the 8th October 2024 at Oral Questions I asked you a simple yes or no question: did you declare donations from Quadrature Climate Foundation and the Green Finance Institute before your appointment of Rachel Kyte as your Climate Envoy? You did not answer, simply referring to "all proper processes being followed by the FCDO". Not, I note, by you but by a Government Department.
On 11th October 2024 I wrote to you further seeking answers to this key question. As of 10th December, you have still failed to provide the courtesy of a reply.
On 12th November, I again asked this simple yes or no question: did you declare the donations? In your absence, a Minister confirmed I should expect a reply to my letter (to which I am still waiting) and did not answer the question.
I have twice written to the FCDO who have provided me with answers to every question I have never asked, but not to the simple yes or no: did you declare the donations to officials prior to appointing Rachel Kyte?
It is now perfectly clear you did not declare these donations. Your failure to confirm this simply gives rise to the perception that you do not want to be on the record for having failed to adhere to your obligations under the Ministerial Code.
In regard to the appointment of Rachel Kyte, the Ministerial Code is clear in several respects. Firstly, the Nolan Principles apply. 4 of these principles seem pertinent to your conduct in this matter:
b. Integrity: Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
d. Accountability: Holders of public office are accountable for their decisions and actions and must submit themselves to whatever scrutiny necessary to ensure this.
e. Openness: Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for doing so.
f. Honesty: Holders of public office should be truthful.
The Nolan Principles require you to demonstrate that you have operated with Integrity in appointing an individual with links to not one, but two donors: one to the Labour Party and one to you personally. They require you to be accountable for your decision to appoint Rachel Kyte and not evade scrutiny by refusing to answer the question or fail to reply to letters from Shadow Ministers. They require you to take decisions in an open way and not withhold information vital to their confidence in your actions: such as the contact you had with Quadrature Capital, its owners or agents prior to Rachel Kyte's appointment or whether you declared the links to officials. Finally, the Nolan Principles require you to be truthful: which can be the only reason you continue to evade putting your position on the public record. However, not stating the truth does not absolve you of an obligation to be truthful.
The Ministerial Code also sets out clearly:
3.2. It is the personal responsibility of each minister to decide whether and what action is needed to avoid a conflict or to manage the perception of a conflict, taking account of advice received from their permanent secretary and the Independent Adviser on Ministerial Standards.
No matter how much you seek to evade this question, there is a clear perception of a conflict for you to manage in the appointment of Rachel Kyte. Firstly, Rachel Kyte has clear links to both Quadrature Capital and the Green Finance Institute. The Quadrature Climate Foundation is wholly owned by Quadrature Capital who donated £4m to the Labour Party - and its Directors are the Directors of Quadrature Capital. The Green Finance Institute which donated £99,000 to you personally is a direct recipient of funds from the Quadrature Climate Foundation. To any reasonable individual - this is a potential conflict of interest. It is a potential conflict of interest even before we get into if you met with the Directors of Quadrature Capital/the Climate Foundation at any point prior to Rachel Kyte's appointment.
You have a clear duty under the Ministerial Code to manage this conflict or any perceived conflict. It was as simple as seeking advice from officials or simply declaring. You have now allowed perception to build you failed to do either - a prima facie breach of the Ministerial Code.
In your Parliamentary career you have been quick to seek the referral of Ministers for breaches of the Ministerial Code. I know, therefore, that you value its role in upholding confidence in the actions of Ministers. Despite my best efforts, I have faced evasion at every turn to the simple question: did you advise officials of this potential conflict arising from donations from Quadrature Capital and the Green Finance Institute? Yes, or no?
It now seems to me there is a simple way for you to create confidence and certainty that your actions were consistent with the Ministerial Code - namely that you refer yourself and this situation to the Independent Advisor on Ministerial Standards for deliberation.
The Prime Minister recently gave the Independent Advisor greater discretion to initiate his own investigations. Given your long-standing track record of wanting to see Ministers referred for investigation under the Code, I am confident that you will value the opportunity for your actions, or indeed inactions, to be exonerated by the Independent Advisor.
This is an opportunity for you to be a trailblazer in the new Government and refer yourself to ensure you have met your obligations under the Ministerial Code. I hope it is an opportunity you will take. I look forward to hearing from you.
I have taken the opportunity to copy this letter to the Independent Advisor on Ministerial Standards.
Yours sincerely,
Joy Morrissey MP
Cc Sir Laurie Magnus CBE, Independent Advisor on Ministerial Standards
