Arguments over the Ministerial Code and the role of the Independent Adviser on Ministers’ Interests are far from over

Recently announced changes to the Ministerial Code demonstrate that the government is unlikely to place it on a statutory basis any time soon. Sir Peter Riddell argues that although some of the revisions are sensible, the new Code demonstrates the government’s determination to assert the privileges of the executive and reflects an increasingly presidential view of the Prime Minister’s role.

The Independent Adviser on Ministers’ Interests is neither fully independent nor entirely an adviser. His hybrid, anomalous position reflects wider tensions between ministers and advisers on standards which have been exacerbated under the current administration – and are unlikely to change after Boris Johnson won a confidence vote on Monday to ensure his survival as Conservative leader and Prime Minister. These tensions have reflected an increasing assertion by the Prime Minister of a presidential view of his role based on the mandate of the ballot box, as distinct from accountability to parliament. The limited changes in the latest version of the Ministerial Code only go a small way to address these concerns.

The public arguments over the Ministerial Code and the Independent Adviser have only partly been caused by the casual attitude of the current Prime Minister towards standards in public life, as highlighted by the repeated frustrations expressed by Lord (Christopher) Geidt, the current Adviser. That has led to widely supported calls from the Committee on Standards in Public Life (CSPL) for a strengthening of his powers.

As with so much in standards in public life, the evolution of the Ministerial Code (originally the more prosaic Questions of Procedure for Ministers) and the creation of the Adviser’s role in 2006 have been the result of a series of allegations and scandals. These exposed the limitations of previous informal understandings and conventions and underlined the need for more formal codes of conduct and independent investigation. The Ministerial Code combines operational guidance about how business in government should be conducted and a list of expectations about ministers’ ethical behaviour in office, based on the seven principles of public life (also known as the Nolan principles).

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Improving standards of conduct in public life

In November, the Constitution Unit hosted Lord (Jonathan) Evans, Chair of the Committee on Standards in Public Life, to discuss its new report, ‘Upholding Standards in Public Life’. Lisa James summarises the discussion.

In November, the Committee on Standards in Public Life (CSPL) published its report Upholding Standards in Public Life, the result of a year-long review of the system of standards bodies regulating the UK government. Following the report’s publication, the Constitution Unit hosted a webinar with CSPL’s Chair, Lord (Jonathan) Evans, to discuss the findings. The event also followed closely behind the parliamentary standards scandal over then-MP Owen Paterson, in which the government was forced to U-turn after trying to overturn the House of Commons Standards Committee’s findings against Paterson on allegations of inappropriate lobbying.

The summary below reflects Lord Evans’ remarks and conversation with the Unit’s Director, Meg Russell. A full video of the event, including the audience Q&A, is available on our YouTube page.

Lord Evans began by introducing CSPL and the reasoning behind the Standards Matter 2 inquiry. CSPL is an independent advisory body, with an independent majority and a minority of party-political members. Established by then Prime Minister John Major in the wake of the cash-for-questions scandal, it was originally conceived as an ‘ethical workshop’ for the public sector. Continuing the metaphor, Lord Evans suggested that CSPL’s recent inquiry might be seen as an ‘MOT’ of the regulatory system for government: a wide-ranging review of the whole system, in an attempt to identify problems and suggest improvements. Focusing on ethical standards, the committee did not recommend radical change, but identified a number of moderate, ‘common-sense’ reforms to strengthen the system. These fell into three broad categories: stronger rules; greater independence for regulators; and a stronger compliance culture within government.

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Ministerial standards in Westminster and beyond

Ministerial standards and the mechanisms for enforcing them have been in the news more than usual over the course of the last twelve months, making clear the limitations of the current rules and systems of regulating ministerial behaviour. In May, the Unit hosted an expert panel to discuss how the standards regimes work in the UK, and what reforms might be desirable. Dave Busfield-Birch summarises the contributions.

On 24 May, the Constitution Unit hosted an online webinar entitled Ministerial Standards in Westminster and Beyond. Unit founder Robert Hazell chaired the event, which had three distinguished panellists: Alex Allan, former independent adviser to the Prime Minister on ministerial interests; Susan Deacon, a former minister in Scotland who also sat on the Scottish Parliament’s Standards and Procedures committees; and Richard Thomas, a member of the Advisory Committee on Business Appointments (ACOBA), which advises ministers and senior officials on potential conflicts of interest when they take up appointments after leaving Whitehall.

This post summarises the main contributions of the speakers: the full event, including the lively and informative Q&A, is available on our YouTube page.

Alex Allan

Alex Allan started his contribution by offering a little bit of history about the ‘rather strange document’ that is the Ministerial Code. Something similar to the Code has been in place since the Attlee government, but perhaps the most significant changes came in 1995 when the Committee on Standards in Public Life (CSPL) produced its first report, and outlined ‘Seven Principles of Public Life’, which are commonly referred to as the ‘Nolan principles’.

Another significant change came in 2007, when the Brown government published a paper on the governance of Britain, which resulted in the creation of the role of independent adviser on ministerial interests, a title held by Allan from 2011 until his resignation in 2020. Where there is an allegation about the conduct of a minister that the Cabinet Secretary feels warrants further investigation, the matter will be referred to the independent adviser. However, most of the work of the independent adviser is of little media interest, and involves dealing with declarations of ministers’ interests, which are examined by their permanent secretary and the propriety and ethics team at the Cabinet Office, before being examined by the independent adviser.

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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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