Partygate and the special advisers’ code of conduct: lessons for the new Downing Street Chief of Staff

Following the publication of Sue Gray’s report update, the Prime Minister announced his intention to reform the Downing Street machine. Robert Hazell, author of an authoritative study of the way special advisers work, argues that this presents an opportunity to revise the code of conduct that regulates their behaviour, and that incoming Chief of Staff Steve Barclay would be wise to take it.

Towards the end of his statement in the House of Commons on 31 January Boris Johnson said that he would ‘sort out what Sue Gray rightly calls the “fragmented and complicated” leadership structures of Downing Street’. He undertook to do two things:

  • create an Office of the Prime Minister, with a Permanent Secretary to lead Number 10.
  • review the civil service and special adviser codes of conduct to make sure that those codes are properly enforced.

Three days later Munira Mirza, the PM’s Head of Policy, resigned, swiftly followed by the resignations of Dan Rosenfield, the PM’s Chief of Staff, Martin Reynolds, Johnson’s Principal Private Secretary, and Jack Doyle, director of communications. On 5 February it was announced that the Cabinet Office Minister Steve Barclay was to be the new Chief of Staff. This blog is addressed to him, and the new Permanent Secretary in Number 10, as they consider what changes might be required to the Special Advisers’ Code of Conduct.  It draws upon the research done for a book by Ben Yong and myself, Special Advisers: Who they are, what they do, and why they matter, a year-long project including over 100 interviews with ministers, special advisers and senior officials.

The first point to make is that under the Ministerial Code and the Special Advisers’ Code of Conduct it is the PM who is responsible for the special advisers in No 10.  That is clearly spelled out in paragraph 3.3 of the Ministerial Code, and paragraph 9 of the Code of Conduct, which contain identical wording:

The responsibility for the management and conduct of special advisers, including discipline, rests with the Minister who made the appointment.

The Ministerial Code goes on to say:

Individual Ministers will be accountable to the Prime Minister, Parliament and the public for their actions and decisions in respect of their special advisers.

And the Code of Conduct states:

It is also the appointing Minister’s responsibility to ensure that their special adviser(s) adhere to this Code of Conduct.

With the previous paragraph in the Code of Conduct reminding Special Advisers that:

Special advisers are bound by the standards of integrity and honesty required of all civil servants as set out in the Civil Service Code.

So there is no wriggle room here.  If special advisers in Number 10 have fallen below the required standards of integrity and honesty, the PM is responsible; and the PM is accountable to parliament and the public for their conduct. But the second point to make is that although the PM may be ultimately responsible, to expect him to look after the management of all of his special advisers is completely unrealistic. The PM is an exceptionally busy person.  So it is a responsibility which must be delegated: the rest of this blog considers, to whom.  Should the management and conduct of special advisers be the responsibility of the Cabinet Secretary, the Permanent Secretary, or the Chief of Staff?

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Standards in public life: are we in a post-Nolan age?

In 1995, the Nolan report established ‘Seven Principles of Public Life’. Twenty-five years later, questions have been raised about the continuing relevance of the Nolan principles. Lord (Jonathan) Evans of Weardale, Chair of the Committee on Standards in Public Life, argues here that although we are not not yet living in a ‘post-Nolan’ age, there are reasons for real concern.

In recent months we’ve heard a new phrase used by academics, commentators, and members of the public who have an interest in public standards. That phrase is a ‘post-Nolan age’. 

The sentiment is encapsulated in an email sent to my Committee’s mailbox earlier this year. A member of the public told us they ‘feel a great sadness that the moral framework which has guided British public life for the past quarter century appears to be well and truly over’.

The email referred to the growing perception that those in public life no longer feel obliged to follow the Nolan principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership – otherwise known as the Seven Principles of Public Life

These principles have long underpinned the spirit of public service in this country, and were first formally articulated in Lord Nolan’s seminal 1995 report – the first from the Committee on Standards in Public Life, of which I am now Chair.

Since 1995 it has been increasingly accepted that anyone in public service should act in accordance with the Seven Principles. The Principles apply to ministers and MPs, all civil servants, local government officials, public bodies, the NHS, agencies as well as private companies and charities delivering services on behalf of the taxpayer. The Principles are not a rulebook but a guide to institutional administration and personal conduct, and are given a hard edge when they inform law, policy, procedure and codes of conduct. 

In their essence, the Seven Principles are there to govern the legitimate use of entrusted power in public life. All of us in public life, whether through democratic election or public appointment, have some degree of power afforded to us on the public’s behalf, whether it is the power to make decisions on benefits, to spend money on schools, to legislate to protect public health or to influence debate. This power is lent to us to be used for the good of the public.

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