Examination of Witnesses (Questions 20-39)
SIR CHRISTOPHER
KELLY KCB
10 JANUARY 2008
Q20 Jenny Willott: Given that there
are some areas that already the Committee has revisited, do you
foresee a process of going back over the areas and updating and
so on or do you think there are a lot of other areas that you
could be moving into or do you feel that it is time to change
the remit of the Committee so you are more able, for example,
to look at individual cases?
Sir Christopher Kelly: I suspect
we would get lost if we looked at individual cases, particularly
since there are now so many other people in that business. I think
it is important to keep a balance. One of the advantages of being
a standing committee is that we do not just make recommendations
and then go away and that is it. If the recommendations are not
accepted, or if they are accepted and implemented in a way other
than we have recommended, or if they do not work as well as we
thought, we have the advantage of being able to go back and revisit
and chase and do all those sorts of things. But I am also sure
that there is a whole host of other areas in which the Committee
needs to be active. One of the things I have been doing and am
going to continue to do over the next few weeks is to talk to
other people about what our next major area of inquiry will be.
There are clearly several possibilities there, some of which were
set out in the Committee's last annual report.
Q21 Jenny Willott: That leads nicely
into my next question. It sounds as if you do feel that there
is a role for the Committee in continuing to campaign, in effect,
for the recommendations that you make in the report.
Sir Christopher Kelly: Indeed.
Q22 Jenny Willott: One of the recent
reports that you did was about the role of the Electoral Commission.
Sir Christopher Kelly: Yes.
Q23 Jenny Willott: There were recommendations
about changing the remit and powers of the Electoral Commission.
Is this something that you think the Committee will be working
on, to keep pushing that agenda to try to ensure it does come
about?
Sir Christopher Kelly: We were
very pleased that the bulk of the recommendations made in that
report were accepted, particularly those about improving the focus
of the Electoral Commission and making it a more active regulator.
Not all of our recommendations were accepted. I suspect, subject
to talking to the other members of the Committee, that the thing
we will particularly want to continue to push for is individual
electoral registration. I know there are lots of issues around
that. It is something which the Committee felt very strongly about.
Q24 Jenny Willott: When Sir Alistair
came before us in the past, he told us that he had offered to
the Government to look at certain subjects that the Committee
thought needed to be investigatedsuch as honours, party
funding and business appointmentsand yet they were effectively
refused by the Government. Do you think it is right that the Government
should have effectively a veto over the Committee's subjects?
Sir Christopher Kelly: My understanding,
and the understanding on which I took on the job, is that the
Government does not have a veto over what the Committee does.
It makes sense for us to consult with the Government about what
we are going to do, as we consult with other people, but I would
not have taken on the job if I thought I was only able to do inquiries
on the subjects that the Government found it helpful for us to
inquire into.
Q25 Jenny Willott: You would be prepared
to push ahead regardless, even if it was made clear to you that
the Government was displeased?
Sir Christopher Kelly: Of course.
I have to listen to the arguments and if I thought the arguments
for not including it at that particular time were strong ones
then I would accept that. But I certainly would not think that
any member of the Committee would be prepared to not do something
simply because the Government would not like it. What is the point
of having an independent committee if you work on that basis?
Q26 Mr Prentice: You told us at the
outset that you had been head-hunted.
Sir Christopher Kelly: Yes.
Q27 Mr Prentice: Were there any other
candidates in the frame?
Sir Christopher Kelly: I am not
the right person to answer that question. As I understand it,
yes, there were.
Q28 Mr Prentice: Who interviewed
you?
Sir Christopher Kelly: I was interviewed
by the Secretary to the Cabinet; the man who, I think at the time
the process was started, was permanent secretary at the Justice
Department but who has since moved on to other duties in the Cabinet
Office; and by an independent assessor.
Q29 Mr Prentice: What was the most
testing question you were asked? Or did you just sail through
it effortlessly?
Sir Christopher Kelly: I certainly
did not sail through it effortlessly.
Q30 Mr Prentice: What was the most
difficult question, then?
Sir Christopher Kelly: It may
sound pathetic to say so but I honestly cannot remember.
Q31 Mr Prentice: You have no recollection.
We are going to have a difficult time with you! Were you disappointed
that the Leader of the Opposition was not consulted before you
were appointed?
Sir Christopher Kelly: Yes.
Q32 Mr Prentice: Why was that the
case?
Sir Christopher Kelly: I do not
know. If I had been asked, I would have said that I thought it
was absolutely essential that whoever does this role has the confidence
of all three political parties.
Q33 Mr Prentice: And you would like
to see your successor only appointed after agreement had been
given by the Leader of the Opposition?
Sir Christopher Kelly: I do not
know whether I would go so far as agreement. I certainly think
there ought to be consultation.
Q34 Mr Prentice: Have you ever met
Gordon Brown?
Sir Christopher Kelly: I met Gordon
Brown within 24 hours of being appointed to the post.
Q35 Mr Prentice: Had you met him
before you were appointed?
Sir Christopher Kelly: I had.
Q36 Mr Prentice: Was he involved
in any way in the appointment process?
Sir Christopher Kelly: Not as
far as I know.[3]
Q37 Mr Prentice: Did it shock youas
a matter that is `on the record', common knowledgethat
your predecessor Alistair Graham, despite being quite critical
of the then Prime Minister on a number of occasions, had never
sought a meeting with Tony Blair. Did that surprise you?
Sir Christopher Kelly: I have
talked to him about that and I am told that he was not the only
holder of this post whose contact with the Prime Minister was
through the Cabinet Secretary, but the answer to the question
is: yes, it did surprise me.
Q38 Mr Prentice: What are you going
to do about it?
Sir Christopher Kelly: Gordon
Brown himself made it clear to me that he would expect to see
me regularly. I did not have to ask him; he told me.
Q39 Mr Prentice: How regularly is
regularly?
Sir Christopher Kelly: I do not
know. That remains to be seen, does it not?
3 Note from witness: This is correct as far as the
key stages of that process-advertising, the work of the headhunters,
short-listing and interviewing-were concerned. I should however
had added that, in line with current guidance from the Commissioner
of Public Appointments, the Prime Minister would have been involved
to the extent of authorising the process at the outset, and at
the end making a final choice from two candidates submitted by
the interview panel. Back
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