Tag Archives: Laurie Magnus

Resigning matters: how and when should someone give up public office?

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Holding ministerial office or leading a public body involves challenges and duties that do not exist in the private sector. Using recent examples of high profile resignations by public office holders, former Commissioner for Public Appointments Peter Riddell argues that although it is rightly difficult to remove some public servants, it is also incumbent on them to know in what circumstances they should offer to resign. When they do not then do so, it should be difficult – but not impossible – for a minister to remove a person when confidence in their ability to fulfil their functions has been lost.

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The new Ministerial Code must be the first step in a wider programme to strengthen standards in public life

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Peter Riddell discusses the publication of the updated Ministerial Code which he says is welcome, though overdue, and is only the first step towards a more wide-ranging programme to strengthen the framework for standards in public life.

The Ministerial Code is the guideline to standards of behaviour expected of ministers and has become the reference point whenever allegations are made about misconduct by ministers in office. It has been overseen since 2006 by an Independent Adviser (originally on Ministers’ Interests but now renamed as the Independent Adviser on Ministerial Standards). The Code has been a mishmash of standards of conduct and advice on the conduct of everyday government business, reflecting its origins as Questions of Procedure for Ministers (its name until 1997). This confusion has now been sorted out as the Code is now in three sections: Standards of Conduct, Ministers’ Interests, and Ministers’ Procedures of Government.

The other major general plus is the prominence given to the Seven Principles of Public Life (the Nolan principles) in both the Prime Minister’s Foreword and in the first chapter on standards, though there was a brief mention of them in the last Prime Minister’s version of the Code in December 2022. These principles are inevitably general but leave no doubt as to what unacceptable conduct is, especially when supplemented by more specific codes in particular areas such as public appointments, the civil service and special advisers. This clarity is a gain after some of the ambiguity in the final version of the Boris Johnson premiership.

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Government standards: the need for reform

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Before the election, Labour promised to make broad changes to the standards regime. Yet two months after the election, progress on many aspects of their plans has been slow, and the new government has already been accused of ‘cronyism’ and other ethical missteps. Peter Riddell argues that urgent action to create new safeguards (including legislation) is required, and that ministers cannot brush aside criticism on the grounds that their intentions are good.

The government is in danger of missing an opportunity to strengthen standards in public life. After more than 10 weeks in office, there have been little more than vague statements about future good intentions, and self-inflicted and unnecessary problems such as over a series of appointments of political allies to the civil service. 

Before the election, Labour promised a fresh approach to standards, focusing on creating a new Ethics and Integrity Commission, giving the Independent Adviser on Ministers’ Interests full powers to initiate investigations into ministerial conduct, and tighter enforcement of rules on post-Whitehall employment. This was part of a broader constitutional reform package that included planned changes to the ways in which parliament operates, and the devolution settlement. Before and during the campaign, there was widespread debate about how to rebuild trust in public institutions, notably the seven point plan for early action jointly unveiled on 24 June by the Constitution Unit, the Institute for Government and the UK Governance Project (a commission chaired by former Attorney General Dominic Grieve). 

The initial signs from the new government were promising: on his first day in office Keir Starmer met Laurie Magnus, the Independent Adviser, to demonstrate his commitment to high standards for ministers. But, since then, there has been nothing apart from non-committal parliamentary answers. A revised Ministerial Code normally appears very early in a new parliament and an agreed draft was ready soon after the election, but it is apparently stuck somewhere in the system. That affects the announcement about the Independent Adviser’s role. 

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Why Rishi Sunak should take the initiative on standards reform

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Rishi Sunak has appointed a new Independent Adviser on Ministers’ Interests, but there is still a need for the role to be strengthened to ensure the new Adviser has genuine independence and freedom to act. Concerns have also been raised about the standard of recent appointments to the House of Lords. Peter Riddell argues that Sunak should follow the example of John Major and take the initiative on standards reform.

Rishi Sunak has so far been stronger on aspirations to improve standards in public life than on his actions, which have largely continued the approach of his predecessors. Ministers have reaffirmed limits to the role of independent regulators and scrutiny by reasserting executive prerogatives.

On the positive side, in his first comments on entering 10 Downing Street, Sunak promised that his government would have ‘integrity, professionalism and accountability at every level’. Trust, he said, is earned. And in his personal foreword to the Ministerial Code issued just before Christmas, he referred to upholding the Principles of Public Life (commonly known as the Nolan principles), which Boris Johnson had omitted from the May 2022 version. At the same time, Sunak appointed Laurie Magnus as the new Independent Adviser on Ministers’ Interests, six months after the resignation of predecessor Lord (Christopher) Geidt.

The role of the Independent Adviser

The remit of the Adviser has not, however, been strengthened since the compromise changes of last May, which attracted criticism at the time. The government adopted some of the package proposed by the Committee on Standards in Public Life (CSPL) in its Upholding Standards in Public Life report of November 2021, which recommended a graduated system of sanctions solely in the hands of the Prime Minister, combined with greater independence for the Adviser in launching inquiries and determining breaches of the Code. As Lord (Jonathan) Evans of Weardale, the committee’s chair, commented in June 2022, the government accepted the former but not the latter in the form proposed.

The Adviser will now be able initiate their own investigations but only after ‘having consulted the Prime Minister and obtained his consent’. The requirement for prime ministerial consent is justified on the grounds that the Prime Minister is constitutionally responsible for appointing and dismissing ministers. As Boris Johnson said in a letter to Lord Evans in April 2021, this meant that, ‘I cannot and would not wish to abrogate the ultimate responsibility for deciding on an investigation into allegations concerning ministerial misconduct’. Moreover, the Prime Minister will also continue to have the right to decide when any report by the Adviser is published – risking lengthy delays, as has happened in the past – and on the significance of any breach of the Code, as well as on the form of any sanctions. Parliament is still left with no role in approving the Code or its implementation.

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