Government 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. 

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Standards in the 2024 party manifestos

The main party manifestos for the forthcoming general election have now been published, allowing exploration and comparison of their constitutional proposals. In this fifth post in a series on the manifestos, Lisa James looks at the parties’ policies on the standards system. What do they propose, what should they consider, and what might be missing? 

Standards scandals were a frequent feature of the 2019–24 parliament; MPs, ministers and even a Prime Minister were forced to resign amid controversy. In this context, expert bodies probed the strengths and weaknesses of the current system and suggested improvements, with major reports published by the Committee on Standards in Public Life (CSPL), House of Commons Public Administration and Constitutional Affairs Committee, Boardman Review into the Greensill lobbying scandal, House of Commons Standards Committee, Institute for Government, UK Governance Project and Constitution Unit. And public opinion research revealed a strong appetite for reforms to enforce high ethical standards. Coming into the 2024 general election, political parties had both the impetus to take standards reform seriously, and no shortage of recommendations for how to achieve it. 

This blogpost assesses the manifesto commitments on reforming ministerial and parliamentary standards made by the Labour Party, Liberal Democrats, Green Party and Reform UK, with most of its material coming from the former two. The Scottish National Party does not address standards at Westminster; Plaid Cymru’s key pledge, on criminalising lying by politicians or candidates, was addressed in a previous post. And strikingly, given the party’s experiences in the last parliament, the Conservative manifesto makes no mention of standards at all. 

An Ethics and Integrity Commission? 

The most significant pledge in the Labour manifesto is to create a new Ethics and Integrity Commission. This policy has been well-trailed, and was the centrepiece of two major speeches by Angela Rayner in 2021 and 2023. But the manifesto gives scant detail on the commission’s remit and scope, saying only that it will have a brief to ‘ensure probity in government’. 

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The UK Governance Project: proposals for reform

A commission chaired by former Attorney General Dominic Grieve recently published a report on the current state of UK governance, which has identified substantial problems and made recommendations to improve matters. Here, Dominic outlines the report’s key conclusions and recommendations, ahead of an online Constitution Unit event at which he and fellow commissioner Helen MacNamara will discuss the report in greater detail and answer audience questions.

Introduction

The origin of this project was a shared concern amongst the Commissioners who came together to produce it, that the institutions which underpin our parliamentary democracy are losing credibility. This is certainly the view of the public. A 2023 Constitution Unit survey has shown that only 38% of respondents were ‘very satisfied’ or ‘fairly satisfied’ with the way UK democracy operates. In contrast 52% were dissatisfied. The same percentage agreed with the statement that ‘politicians tend to follow lower ethical standards than ordinary citizens’. Yet the same politicians are the lawmakers and governors who expect others to respect the rules they create. 

It should therefore come as little surprise that 78% of respondents also considered that ‘healthy democracy requires that politicians always act within the rules’. Yet in recent years there is plenty of evidence that this has not been happening. Government ministers have been found to be ignoring the ministerial code of conduct under which they are supposed to operate. When they have, nothing has been done about it. We have had a Prime Minister, Boris Johnson, who was found by the Commons Privileges Committee to have deliberately misled parliament. The principle that appointees for life to the House of Lords as legislators in a revising chamber should be of conspicuous integrity, has been shown to be capable of being flouted at Prime Ministerial will. The Electoral Commission, which was created to ensure that elections should be free from improper interference by the government or other interests, has had its powers and independence reduced.  It has become more obvious than ever, particularly during the Covid-19 pandemic, that the powerful degree of control that a government exercises over parliament is not conducive to the enactment of properly scrutinised primary laws and secondary legislation.

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