Top civil servant evidence “like badly scripted version of Yes Minister”

The evidence about government leaks provided by top civil servant Simon Case to a parliamentary committee today was compared to “a badly scripted version of Yes Minister” as MPs expressed frustration over the poor quality of answers offered.

At a meeting of the public administration and constitutional affairs committee (PACAC) this afternoon, Case was questioned about the ongoing investigation launched after government lockdown plans were leaked to newspapers in October last year.

During a wide-ranging session, the Cabinet Secretary told MPs that “given the time that has now passed, I think it is probable that the team will not successfully identify the source or sources”, yet added that the work of the inquiry is “ongoing”.

“You can understand our frustration because it’s five months on, isn’t it, since the beginning of this inquiry,” John McDonnell MP commented. “It hardly demonstrates some prioritisation of what is, or should be to you and others, a serious matter.”

Case argued that the inquiry was “at no point deprioritised”, stressing that it is “in the hands of professional investigators” who are carrying out “painstaking and patient work”. He said it would be concluded in “weeks rather than months”.

Asked by Labour committee member Lloyd Russell-Moyle whether the leaker had broken the law, Case noted that the leak “did not meet the threshold for an offence under the Official Secrets Act or the offence of misconduct in a public office”.

Pressed by the Labour MP as to why, then, he could not give the committee greater detail, the senior civil servant replied: “Just because something isn’t a criminal offence, it doesn’t mean there aren’t national security issues involved.”

Russell-Moyle asked: “You haven’t answered almost all the questions – the substantive question, you’ve been unable to answer – so, is it that you didn’t do your homework or that someone set you up, put you out here without giving you the information you needed?”

The MP added: “At one point you said to us you didn’t want to say something in case of misleading us. Is it better you say nothing or is it better that you give us the best evidence you have and then come back later and correct where needed?”

“I simply don’t accept that,” Case replied. “We have given you the best information that we have from the reviews that we’ve been able to do.” Some compared his answers to a Line of Duty interview in which a character said “no comment” 32 times.

The Cabinet Secretary refused to confirm a claim made in a blogpost last week by ex-adviser Dominic Cummings that Case had told the Prime Minister’s director of communications Lee Cain that he could say Cummings had been cleared.

Giving evidence to the committee this afternoon, Case refused to rule out the possibility that an inquiry would be held into reports that Boris Johnson allegedly said he would rather “let the bodies pile high in their thousands” than order a third lockdown.

Asked by McDonnell whether he would start an inquiry into the leak, Case replied: “This isn’t something I’ve looked at today. An investigation hasn’t started, but that’s something I’ll have to take away, look into, discuss with the Prime Minister.”

Pressed on whether the Cabinet Secretary has the authority to instigate such an investigation himself, Case added: “Yes, but I think it would be very unusual to instigate a leak inquiry without first consulting the Prime Minister.”

A number of serious accusations have been levelled at the Prime Minister since he reportedly phoned newspaper editors himself to brief that his own former chief adviser Dominic Cummings leaked messages between Johnson and James Dyson.

The Cabinet Office launched an internal investigation into leaked correspondence from the Prime Minister last week, after a message from Johnson showed that he had promised to “fix” a tax issue for the pro-Brexit businessman asked to make ventilators.

Case refused to comment today on reports that he had advised Johnson to change his phone number, advice which the PM allegedly rejected, saying: “By long-standing convention, I won’t go into the detail of advice I have given to the Prime Minister.”

Cummings also used his blog to accuse Johnson of planning to have his Downing Street flat refurbishment paid for by party donors – with the ex-adviser noting this was “possibly illegal” – and Johnson was considering a “totally unethical” intervention in a leak inquiry.

On the refurbishment of the Downing Street flat, Case told the committee that “for decades” there has been an annual allowance of up to £30,000 for the residences but any costs beyond that “are met by Prime Ministers privately”.

He said that there has been work going on for more than 12 months on a proposal for a charitable trust for the purpose of preserving Downing Street’s heritage, noting that similar trusts exist for Chequers and other estates.

“This is a genuinely complicated legal, policy, propriety issue,” the civil servant added. “A charitable trust can’t cover private areas of Downing Street, so it’s clear it can’t be done.”

Case said this afternoon that his review of any donations used to fund the refurbishment costs will cover whether they are “sound from a propriety point of view”, including whether they are “being used to seek preferment”.

The Cabinet Secretary said he wanted to avoid “misleading the committee by giving you partial insights”, telling members that he would come back to the committee with more details and provide a timeline for the review.

Asked whether donations were used to cover costs of the refurbishment, Case did not answer directly, but said: “I do not have all the facts and details at my disposal on this, which is why the Prime Minister has asked me to conduct the review.”

The Greensill scandal was also raised by the committee. Case said Lex Greensill was “not employed as a special adviser”, yet Cabinet Office ethics director David Tierney today told MPs that “his exact status is unclear” and being looked into.

Johnson has launched a review, headed by Nigel Boardman, that will look at the revolving door used by lobbyists, officials and politicians, in light of revelations that some have ‘double-jobbed’ as both Greensill employees and civil servants.

While Case said that he is “not entirely clear” whether Lex Greensill ever worked in Downing Street when David Cameron was Prime Minister, he confirmed to the committee this afternoon that the businessman had “access” to the building.

He said not being able to find an employment contract for Greensill “doesn’t look right”, adding: “I don’t think it’s acceptable, I don’t believe it is a common practice, I certainly don’t think there is anything happening the moment that is equivalent.”

It has been revealed that top civil servant Bill Crothers joined Greensill while still working as the government’s chief procurement officer in an arrangement “agreed by the Cabinet Office under its internal conflicts-of-interest policy”.

Case described it as a “pretty extraordinary set of circumstances” that Crothers was effectively allowed to work for both sides. He added that he and Tierney “can’t explain may of these things” but that they do not look “appropriate”.