Ministerial Code

Question 1

What is the Ministerial Code?

Answer 1

The Code is a formal, published document and so more tangible than the ‘twin conventions’, it also represents an unenforceable set of rules. At most it can be described as a form of ‘soft law’.

The Ministerial Code sets out the principles underpinning the standards of conduct expected of Ministers.Along with all public office-holders, ministers are expected to observe the Seven Principles of Public Life – para 1.3.

Question 2

What are the Seven Principles of Public Life?

Answer 2

· Selflessness

· Integrity

· Objectivity

· Accountability

· Openness

· Honesty

· Leadership

HALO IS O

Question 3

The Ministerial Code covers the following areas:

Answer 3

• The conduct of ministers (though not their performance or effectiveness in office)
• The principle of collective responsibility
• Proper and transparent engagement with Parliament
• Avoiding potential conflicts of interest
• Proper use of government resources

Question 4

The Ministerial Code applies to:

Answer 4

· Government Ministers (in full)

· Parliamentary private secretaries (some parts only)

· Special advisers (some parts only)

Question 5

The Ministerial Code is usually updated when…

Answer 5

…a new Prime Minister takes office.

Question 6

The Ministerial Code effectively codifies the CMR…

Answer 6

…adding in some further detail in relation to Cabinet documents and committees.

Question 7

The principle of collective responsibility requires that Ministers should be able to express their views…

Answer 7

…frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached.

Question 8

What was the the (alleged) breach of Engagement with Parliament?

Answer 8

As we have already seen, ministers have a duty to Parliament to account for the policies and decisions of their department.
This means that ministers should give accurate information to Parliament and be as open as possible.

Esther McVey, MP, Secretary of State for Work and Pensions, told Parliament in July 2018 that the National Audit Office (NAO) – the body which scrutinises public spending for Parliament – wanted Universal Credit to be “rolled out faster”

The head of the NAO stated that this was incorrect, as the body had ongoing reservations about Universal Credit.

McVey told MPs that she had meant to say the NAO believed there was “no practical alternative” to continuing with the development of Universal Credit.

She apologised in Parliament for “inadvertently misleading“ it.

She subsequently resigned from Cabinet for unrelated reasons. (She re-joined Cabinet in a different role for 6 months before being ‘reshuffled’ off the front bench.

Question 9

Conflicts of interest. Ministers must ensure that no conflict arises, or could reasonably be perceived to arise, between their public duties and their private interests, financial or otherwise”.

Answer 9

The breach
Priti Patel MP was forced to resign from Theresa May’s government in November 2017. As International Development Secretary, she had conducted unofficial meetings with Israeli ministers and business representatives.

Question 10

General principle on behaviour. Ministers should be professional in all their dealings and treat all those with whom they come into contact with consideration and respect.

Working relationships, including with civil servants, ministerial and parliamentary colleagues and parliamentary staff should be proper and appropriate. Harassing, bullying or other inappropriate or discriminating behaviour wherever it takes place is not consistent with the Ministerial Code and will not be tolerated”.

Answer 10

Michael Fallon MP, Defence Secretary resigned from the May government following allegations of inappropriate sexual behaviour. This was against the background of allegations of a harassment and bullying culture in Parliament generally.

Question 11

The Ministerial Code is a relatively recent development, which…

Answer 11

…puts into one written document the various conventions which govern ministerial conduct.

Question 12

It effectively shadows the traditional conventions, though…

Answer 12

…has the advantage of greater clarity and detail.

Question 13

It puts the convention on CMR into a codified form but, in relation to IMR, its emphasis is on ministerial accountability to…

Answer 13

…Parliament and ministerial conduct generally rather than on the performance of ministers in office.

Question 14

There are many examples of ministers who have breached the Code or the conventional equivalent, sometimes flagrantly…

Answer 14

…and have remained in office or been re-appointed to subsequent governments.

Question 15

The Ministerial Code has no legal status as such – it is not enforceable in law. Ultimate…

Answer 15

…authority continues to rest in the political dimension in the hands of the Prime Minister.