The Freedom of Information Act 2000 was enacted just over 25 years ago, and has now been fully in force for two decades. Ben Worthy uses Unit research to contradict assertions that the Act was a mistake in principle or is simply a tool for journalists, and outlines five ways in which it has changed things for the better.
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The new Ministerial Code must be the first step in a wider programme to strengthen standards in public life
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.
Continue readingMPs’ role in the constitution
MPs play a central role in all democratic systems, but this is particularly true in the UK given its tradition of ‘parliamentary sovereignty’. With judges unable to strike down Acts of Parliament for unconstitutionality, MPs have a key role in constitutional protection. Like MPs elsewhere, they also have responsibilities for upholding the constitution and democracy in many other ways, most obviously through holding the government to account, and representing the public, but also, for example, through maintaining standards of political debate. Meg Russell and Lisa James summarise these various important roles.
Members of parliament are central political actors in all democratic systems. Legislatures are highly visible institutions, and MPs have key roles representing citizens, debating key policy matters, scrutinising the executive and approving major changes to the law. The legislature is at the heart of any functioning national democracy.
Hence MPs routinely have important roles within the constitution. But some of their wider roles and responsibilities in upholding and protecting the constitution are less often spoken about. In an age of populism and ‘democratic backsliding’ these deserve reflection. As sadly seen in various countries, MPs are important gatekeepers whose consent can facilitate the dismantling of democratic norms and institutions. But where they stand firm, they can be bulwarks against decline.
Continue readingGovernment standards: the need for reform
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.
Continue readingProtecting the rule of law in public health emergencies
The Covid-19 pandemic tested the UK’s capacity to respond to a crisis, including its ability to maintain the rule of law. The Independent Commission on UK Public Health Emergency Powers considered how far current legal frameworks and parliamentary procedures protect the rule of law and human rights, and how far they promote accountability, transparency and parliamentary control of executive action. Its final report and recommendations are summarised here by Katie Lines.
Towards the end of this week, on 18 July, the UK Covid-19 Inquiry will publish its first interim report on the UK’s resilience and preparedness for the coronavirus pandemic. ‘Resilience and preparedness’ is one of many topics the UK Inquiry aims to cover in its terms of reference, which include health and social care, and economic responses to Covid-19. However, the constitutional and rule of law dimensions of the UK’s Covid-19 response fall outside the Inquiry’s key areas of focus, as do parliamentary proceedings during the pandemic. These items are also not central to the Scottish Covid-19 Inquiry’s investigations.
To ensure that the constitutional dimensions of the Covid-19 pandemic receive independent scrutiny, in 2022 the Bingham Centre for the Rule of Law established the Independent Commission on UK Public Health Emergency Powers. The Commission published its report on 15 May this year after 15 months of intensive work by the 12 Commissioners, chaired by former Court of Appeal judge Sir Jack Beatson. The Commission considered both written and oral evidence, and comments on their preliminary findings, from 82 individuals and organisations across the UK and in 10 other jurisdictions. The report’s 44 recommendations for change cover the design of legislation, the role of parliaments, the clarity and certainty of emergency public health laws, the enforcement of public health restrictions, and the management of a public health emergency in a country with devolved governments and legislatures. This blog highlights some of the Commission’s key recommendations.
The role of parliaments
The Commission has significant concerns about the extent to which the UK Parliament and the three devolved legislatures were able to provide appropriate scrutiny and oversight of government law-making during the Covid-19 pandemic. A number of its recommendations focus on enhancing the role of parliaments.
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