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| Lynton Crosby: Heywood comes to the rescue | Lynton Crosby: Heywood comes to the rescue |
| (2 months later) | |
| When Peter Hennessy, David Kynaston or Dr Anthony Seldon comes to write the definitive history of turn-of-the-century politics, the name of Sir Jeremy Heywood, the cabinet secretary, will feature prominently in the index. | When Peter Hennessy, David Kynaston or Dr Anthony Seldon comes to write the definitive history of turn-of-the-century politics, the name of Sir Jeremy Heywood, the cabinet secretary, will feature prominently in the index. |
| He has served three prime ministers of different politics and temperaments with distinction and discretion. His knowledge of public service reform is unparalleled. It says something about his drive that he did not wish to be head of the civil service, but instead cabinet secretary, leading to the tasks undertaken by his predecessor, Gus O'Donnell, being split in two. | He has served three prime ministers of different politics and temperaments with distinction and discretion. His knowledge of public service reform is unparalleled. It says something about his drive that he did not wish to be head of the civil service, but instead cabinet secretary, leading to the tasks undertaken by his predecessor, Gus O'Donnell, being split in two. |
| Heywood is not particularly taken with some of the routine aspects of civil service management, and prefers to be a doer and – as some Tory MPs complain – even a political fixer for the prime minister of the day. | Heywood is not particularly taken with some of the routine aspects of civil service management, and prefers to be a doer and – as some Tory MPs complain – even a political fixer for the prime minister of the day. |
| Those fixing skills were last on display when he conducted the "Plebgate" inquiry into the behaviour of the then chief whip, Andrew Mitchell, in Downing Street, an inquiry that turned out to be a lot less forensic than the one conducted by Channel 4 News. Now he has come to the aid of his political master, David Cameron, again. | Those fixing skills were last on display when he conducted the "Plebgate" inquiry into the behaviour of the then chief whip, Andrew Mitchell, in Downing Street, an inquiry that turned out to be a lot less forensic than the one conducted by Channel 4 News. Now he has come to the aid of his political master, David Cameron, again. |
| Asked last week by the Labour leader, Ed Miliband, whether he would conduct an inquiry into the role of Lynton Crosby, Cameron's political strategist, and whether there was any conflict of interest between the role of his company (Crosby Textor) as a commercial lobbyist and Crosby's role as political adviser to the Conservative leader, it might have been expected he would send back a pro forma rejection letter. | Asked last week by the Labour leader, Ed Miliband, whether he would conduct an inquiry into the role of Lynton Crosby, Cameron's political strategist, and whether there was any conflict of interest between the role of his company (Crosby Textor) as a commercial lobbyist and Crosby's role as political adviser to the Conservative leader, it might have been expected he would send back a pro forma rejection letter. |
| Instead he has become embroiled in something more complex and mysterious. | Instead he has become embroiled in something more complex and mysterious. |
| Around lunchtime on Tuesday, Crosby unexpectedly issued a statement flatly denying he had ever discussed plain cigarette packaging with the prime minister or the health secretary, Jeremy Hunt. It was a denial that Cameron had failed to give on innumerable previous occasions over the past couple of weeks. | Around lunchtime on Tuesday, Crosby unexpectedly issued a statement flatly denying he had ever discussed plain cigarette packaging with the prime minister or the health secretary, Jeremy Hunt. It was a denial that Cameron had failed to give on innumerable previous occasions over the past couple of weeks. |
| Four hours later, as TV cameras trained on the closed doors of the Lindo wing of St Mary's hospital, Heywood issued a reply to Miliband. It was a pretty comprehensive brush-off, pointing out that Crosby was not employed by the government, did not have a Number 10 pass and did not meet civil servants. His meetings with the prime minister as a political adviser to the Conservative party were not a breach of the ministerial code. | Four hours later, as TV cameras trained on the closed doors of the Lindo wing of St Mary's hospital, Heywood issued a reply to Miliband. It was a pretty comprehensive brush-off, pointing out that Crosby was not employed by the government, did not have a Number 10 pass and did not meet civil servants. His meetings with the prime minister as a political adviser to the Conservative party were not a breach of the ministerial code. |
| He added: "The prime minister had given an undertaking announced in October 2011 that where ministers have discussions with external organisations or individuals and no civil servants are present, if any substantive issues relating to government policy or contracts arise, then the minister should inform the department so that there is no perception of impropriety." This requirement applied to all ministers. | He added: "The prime minister had given an undertaking announced in October 2011 that where ministers have discussions with external organisations or individuals and no civil servants are present, if any substantive issues relating to government policy or contracts arise, then the minister should inform the department so that there is no perception of impropriety." This requirement applied to all ministers. |
| He added without explanation that, in the case of Crosby, "no such issues have been raised". | He added without explanation that, in the case of Crosby, "no such issues have been raised". |
| Perhaps end of story. But Heywood then gilded the lily. He added: "To provide further reassurance in this particular case that both the letter and the spirit of the ministerial code are being adhered to, I attach the principles of engagement between Lynton Crosby and the Conservative party that have been in practice since Lynton Crosby was contracted by them." | Perhaps end of story. But Heywood then gilded the lily. He added: "To provide further reassurance in this particular case that both the letter and the spirit of the ministerial code are being adhered to, I attach the principles of engagement between Lynton Crosby and the Conservative party that have been in practice since Lynton Crosby was contracted by them." |
| Those undated principles – not written on notepaper or signed by anyone – set out how any conflicts were to be avoided between Cameron's role as prime minister and Crosby's other interests. | Those undated principles – not written on notepaper or signed by anyone – set out how any conflicts were to be avoided between Cameron's role as prime minister and Crosby's other interests. |
| Within minutes of this release being given to the press, reporters were contacting the Cabinet Office, the department that speaks on behalf of Heywood, to ask – since it was ambiguous – when these principles of engagement were written. Was it at the time of hiring last November, or was it drafted hurriedly in the past few days to give a sense of retrospective propriety to the relationship? | Within minutes of this release being given to the press, reporters were contacting the Cabinet Office, the department that speaks on behalf of Heywood, to ask – since it was ambiguous – when these principles of engagement were written. Was it at the time of hiring last November, or was it drafted hurriedly in the past few days to give a sense of retrospective propriety to the relationship? |
| Although the principles had been cited by Heywood in his letter to Miliband, the Cabinet Office was reluctant to discuss them, including the date they had been drafted, referring inquiries to the Conservative party headquarters. The Conservatives were also reluctant to discuss when the principles had been written, but said they reflected the terms on which Crosby had been hired. | Although the principles had been cited by Heywood in his letter to Miliband, the Cabinet Office was reluctant to discuss them, including the date they had been drafted, referring inquiries to the Conservative party headquarters. The Conservatives were also reluctant to discuss when the principles had been written, but said they reflected the terms on which Crosby had been hired. |
| In short, these solemn written principles of engagement had not been agreed, written, or signed by anyone at the point Crosby was engaged by the Conservative party. | In short, these solemn written principles of engagement had not been agreed, written, or signed by anyone at the point Crosby was engaged by the Conservative party. |
| Labour privately is aghast that Heywood has endorsed a ruse to give the Crosby-government relationship retrospective respectability. | Labour privately is aghast that Heywood has endorsed a ruse to give the Crosby-government relationship retrospective respectability. |
| It is quite possible that Heywood asked Cameron in recent days on what basis Crosby was working for the Conservatives, and how he was ensuring there was no conflict between Crosby's many commercial interests and government policy, and found a void. | It is quite possible that Heywood asked Cameron in recent days on what basis Crosby was working for the Conservatives, and how he was ensuring there was no conflict between Crosby's many commercial interests and government policy, and found a void. |
| Heywood could then have suggested that this did not look good, reminded the prime minister of the undertakings he had given in October 2011, and suggested Cameron draw up some rules of engagement. | Heywood could then have suggested that this did not look good, reminded the prime minister of the undertakings he had given in October 2011, and suggested Cameron draw up some rules of engagement. |
| Either way, the principles are a step forward for transparency. But we are left with the mystery of why Cameron refused for two months to say he had never discussed the plain packaging of cigarettes with Crosby. It may simply be that he was not sure, thought the issue would disappear, and no one had managed to check whether an incriminating email existed. | Either way, the principles are a step forward for transparency. But we are left with the mystery of why Cameron refused for two months to say he had never discussed the plain packaging of cigarettes with Crosby. It may simply be that he was not sure, thought the issue would disappear, and no one had managed to check whether an incriminating email existed. |
| Equally, the identity of the clients of Crosby Textor remain secret. It is not even clear whether cabinet ministers know their identity, leaving the onus entirely on Crosby to ensure he behaves with propriety. | Equally, the identity of the clients of Crosby Textor remain secret. It is not even clear whether cabinet ministers know their identity, leaving the onus entirely on Crosby to ensure he behaves with propriety. |
| But the fact remains that a very poor decision was made in the critical area of public health over plain cigarette packaging. It was not made on the basis of evidence. | But the fact remains that a very poor decision was made in the critical area of public health over plain cigarette packaging. It was not made on the basis of evidence. |
| The government's own academic advisers during the formal consultation said plain packaging would reduce consumption. The public health minister, Anna Soubry, favoured the measure, telling the Lords European Union health select committee on 13 March: "We know that the package itself plays an important part in the process of young people and their decision to buy a packet and to smoke cigarettes. | The government's own academic advisers during the formal consultation said plain packaging would reduce consumption. The public health minister, Anna Soubry, favoured the measure, telling the Lords European Union health select committee on 13 March: "We know that the package itself plays an important part in the process of young people and their decision to buy a packet and to smoke cigarettes. |
| "Anybody who has a business knows the power of packaging and the importance of it in increasing or maintaining their sales – this is speaking the obvious – and tobacco producers are no different." | "Anybody who has a business knows the power of packaging and the importance of it in increasing or maintaining their sales – this is speaking the obvious – and tobacco producers are no different." |
| Evidence has emerged from Australia that their eight months' experience of pain packaging is working. | Evidence has emerged from Australia that their eight months' experience of pain packaging is working. |
| Nor was the decision made because of a genuine fear of a legal challenge, the other defence mounted by Cameron. The government consultation was conducted properly, and the cigarette firms would seek judicial review or some other legal challenge to the British government whenever and however ministers took the decision. That is what cigarette firms do the world over to protect their industry. | Nor was the decision made because of a genuine fear of a legal challenge, the other defence mounted by Cameron. The government consultation was conducted properly, and the cigarette firms would seek judicial review or some other legal challenge to the British government whenever and however ministers took the decision. That is what cigarette firms do the world over to protect their industry. |
| The decision more likely was taken – with little or no discernible objection by the Liberal Democrats – because Crosby and Cameron are instinctive liberals, and believe the Conservative backbenches are populated by people with similar instincts. | The decision more likely was taken – with little or no discernible objection by the Liberal Democrats – because Crosby and Cameron are instinctive liberals, and believe the Conservative backbenches are populated by people with similar instincts. |
| They did not want another rebellion by Tory MPs, or critical editorials in the Tory press. Similarly they did not want pictures of Nigel Farage in a pub with a fag denouncing the "Cameron nanny state gone mad". | They did not want another rebellion by Tory MPs, or critical editorials in the Tory press. Similarly they did not want pictures of Nigel Farage in a pub with a fag denouncing the "Cameron nanny state gone mad". |
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