The Ministerial Code is a document setting out "rules" and standards for
government ministers
A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, â ...
in the United Kingdom.
Separate codes exist for ministers of the
Scottish Government,
the
Northern Ireland Executive
The Northern Ireland Executive is the devolved government of Northern Ireland, an administrative branch of the legislature – the Northern Ireland Assembly. It is answerable to the assembly and was initially established according to the ter ...
(based on the
St Andrews Agreement
The St Andrews Agreement ( ga, Comhaontú Chill RÃmhinn; Ulster Scots: ''St Andra's 'Greement'', ''St Andrew's Greeance'' or ''St Andrae's Greeance'') is an agreement between the British and Irish governments and Northern Ireland's political ...
)
and the
Welsh Government
The Welsh Government ( cy, Llywodraeth Cymru) is the Welsh devolution, devolved government of Wales. The government consists of ministers and Minister (government), deputy ministers, and also of a Counsel General for Wales, counsel general. Minist ...
.
History and status
Codes of conduct for ministers are amongst a range of initiatives designed to respond to perceptions of the erosion of ministerial accountability, and to preserve public trust in the institutions of cabinet government.
Written guidance for British cabinet ministers began as the document ''Questions of Procedure for Ministers'' (QPM), which was a confidential document prepared by the
Cabinet Office
The Cabinet Office is a department of His Majesty's Government responsible for supporting the prime minister and Cabinet. It is composed of various units that support Cabinet committees and which co-ordinate the delivery of government objecti ...
to assist ministers, and dates to at least the 1980s.
The earliest published form of the Code is a result of the QPM's release by the Major Government in 1992.
Further editions have been based on suggestions and recommendations from the
Committee on Standards in Public Life
The Committee on Standards in Public Life (CSPL) is an advisory non-departmental public body of the United Kingdom Government, established by John Major in 1994 to advise the Prime Minister on ethical standards of public life. It promotes a code o ...
. The first edition to be entitled ''Ministerial Code'' was
Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
's 1997 set of rules.
The most recent version was released in May 2022 (by convention, each new
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
issues their own).
[http://civilservant.org.uk/library/2022-Ministerial_Code.pdf ]
When Gordon Brown came into office in June 2007 he appointed Sir
Philip Mawer
Sir Philip John Courtney Mawer (born 30 July 1947) is a former Parliamentary Commissioner for Standards who was in the post from 2002 until 2008 when he became an independent advisor on Ministerial standards to Gordon Brown. He was previously Se ...
,
Parliamentary Commissioner for Standards
The Parliamentary Commissioner for Standards is an officer of the British House of Commons. The work of the officer is overseen by the Commons Select Committee on Standards.
The current commissioner is Kathryn Stone.
Duties
The commissioner is i ...
, as the Independent Adviser on Ministers' Interests – a form of enforcer to conduct investigations and give confidential advice. The Adviser under Tony Blair was
Comptroller and Auditor General
An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations.
Fr ...
Sir John Bourn.
The
Cabinet Secretary is responsible for clearing ministers' financial matters.
The Code is currently administered by the Propriety and Ethics group within the
Cabinet Office
The Cabinet Office is a department of His Majesty's Government responsible for supporting the prime minister and Cabinet. It is composed of various units that support Cabinet committees and which co-ordinate the delivery of government objecti ...
.
The Code is periodically updated. The 2015 update removed the explicit requirement that ministers comply with international law and treaty obligations.
Contents
The Code has 10 sections, and two annexes. It begins with a foreword from the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
.
Section 1 – Ministers of the Crown
This section is an introduction, setting out the role of ministers to the government, to
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, and to the people. It directs ministers to "behave in a way that upholds the highest standards of propriety," to uphold the principle of
collective responsibility
Collective responsibility, also known as collective guilt, refers to responsibilities of organizations, groups and societies. Collective responsibility in the form of collective punishment is often used as a disciplinary measure in closed insti ...
, and to avoid
conflicts of interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations i ...
. It says "It is of paramount importance that Ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister".
Section 2 – Ministers and the Government
Section 2, ''Ministers and the Government'', sets out the precise rules of collective responsibility. It also states that ministers should relinquish all government material when ceasing to hold a role, and provides rules on access to government papers by former ministers (for example, those writing memoirs may wish to check the documents from their time in office). This set of rules is known as the "Radcliffe rules".
Section 3 – Ministers and Appointments
Setting out the rules regarding
special advisers (temporary
civil servants
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
who are political agents of the minister), how many each minister may appoint, and their powers and duties. Also covered is the appointment of
Parliamentary Private Secretaries
A Parliamentary Private Secretary (PPS) is a Member of Parliament (United Kingdom), Member of Parliament (MP) in the United Kingdom who acts as an unpaid assistant to a Minister of the Crown, minister or Shadow Minister, shadow minister. They ar ...
(
backbenchers
In Westminster and other parliamentary systems, a backbencher is a member of parliament (MP) or a legislator who occupies no governmental office and is not a frontbench spokesperson in the Opposition, being instead simply a member of the " ...
who act as an unpaid secretary to the minister, to gain experience and credit with the party), whose appointments require written authority from the Prime Minister. PPSs are not members of the Government, but are expected to form part of the
payroll vote
The payroll vote is a term in the British parliamentary system for Members of Parliament who concurrently hold Government positions. It includes ministers and Parliamentary Private Secretaries. Even though the last are unpaid, they are widely r ...
, and support all government initiatives in the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
.
Section 4 – Ministers and Their Departments
''Ministers and Their Departments'' regards the machinery of government (the structure of
government departments
Ministry or department (also less commonly used secretariat, office, or directorate) are designations used by first-level executive bodies in the machinery of governments that manage a specific sector of public administration." ÐнциклоР...
and how responsibilities can be transferred), and how ministers should ensure that their work is covered during any absence from London, even for
constituency
An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger State (polity), state (a country, administrative region, ...
business.
Section 5 – Ministers and Civil Servants
This section, ''Ministers and Civil Servants'', regards ministerial relationships with the
Civil Service
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
. It states that ministers "must uphold the political impartiality of the Civil Service, and not ask civil servants to act in any way which would conflict with the ''Civil Service Code''."
Section 6 – Ministers' Constituency and Party Interests
''Ministers' Constituency and Party Interests'' directs ministers to refrain from using government property and resources in their role as an
MP. For example, political leaflets must not be distributed at the expense of public funds. Ministers with a
conflict of interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations i ...
between their government role and their constituency (for example, a transport minister may have to balance the desire of his constituents not to have a new airport built near their town, with his government duties) are simply advised to act cautiously; "ministers are advised to take particular care."
Section 7 – Ministers' Private Interests
This section requires ministers to provide their
Permanent Secretary
A permanent secretary (also known as a principal secretary) is the most senior Civil Service (United Kingdom), civil servant of a department or Ministry (government department), ministry charged with running the department or ministry's day-to-day ...
with a complete list of any financial interests they have. In March 2009, this list was released to the public for the first time.
It is collated and made available by the Cabinet Office.
Officials sometimes need to restrict "interested" ministers' access to certain papers, to ensure impartiality.
Guidelines are set out as to maintaining neutrality for ministers who are members of a trade union. No minister should accept gifts or hospitality from any person or organisation when a conflict of interest could arise. A list of gifts, and how they were dealt with on an individual basis, is published annually.
Section 8 – Ministers and the Presentation of Policy
Speech
Speech is a human vocal communication using language. Each language uses Phonetics, phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if ...
es, interviews and
news release
A press release is an official statement delivered to members of the news media for the purpose of providing information, creating an official statement, or making an announcement directed for public release. Press releases are also considere ...
s should all be cleared with the
Number 10 Press Office, to ensure synchronicity of timing, and clarity of content. Ministers should not practice "regular journalism" without the permission of the Office. No minister may publish a book about their ministerial experiences while in office. Former ministers require manuscripts to be cleared by the Cabinet Secretary, under the "Radcliffe rules".
Section 9 – Ministers and Parliament
Ministers should not make
oral statements to Parliament without prior approval from the Prime Minister. Any other minister or MP to be mentioned in such a statement should be notified beforehand.
Section 10 – Travel by Ministers
Official government transport, paid for by public funds, should normally only be used on government business, except where security requires that it be used even for personal transport. All travel should be cost-effective, and any trips abroad should be kept as small as possible. All overseas delegations costing more than £500 have their details published, annually.
Members of the Cabinet have the authority to order special (non-scheduled) flights, but this power should only be used when necessary. In the event of a minister being summoned home on urgent government business, the cost of the round trip will be paid for from public funds. There are also rules relating to the use of official cars, and
air miles
Air Miles is a group of loyalty programs operated by different companies in each region where the brand operates. The programs are available in Canada, the Netherlands and the Middle East. Points are earned on purchases at participating merchan ...
gained by official travel.
Annex – The Seven Principles of Public Life
These principles were published by the
Committee on Standards in Public Life
The Committee on Standards in Public Life (CSPL) is an advisory non-departmental public body of the United Kingdom Government, established by John Major in 1994 to advise the Prime Minister on ethical standards of public life. It promotes a code o ...
in 1995.
*Selflessness: ministers should act entirely in the public interest.
*Integrity: no financial obligations should be accepted if they could undermine the minister's position.
*Objectivity: when making appointments, decisions should be based on merit.
*Accountability: all public office-holders are accountable, and should co-operate with all scrutiny procedures.
*Openness: all decisions should be justified, and information should be restricted only when necessary for the
public interest
The public interest is "the welfare or well-being of the general public" and society.
Overview
Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...
.
*Honesty: public office-holders are required, by duty, to be honest in all their dealings and business.
*Leadership: the principles should be supported and upheld by leadership and example.
Controversy
It has been argued that, following a series of high-profile
political scandal
In politics, a political scandal is an action or event regarded as morally or legally wrong and causing general public outrage. Politicians, government officials, party officials and lobbyists can be accused of various illegal, corrupt, unethic ...
s over the Code (
David Blunkett
David Blunkett, Baron Blunkett, (born 6 June 1947) is a British Labour Party politician who has been a Member of the House of Lords since 2015, and previously served as the Member of Parliament (MP) for Sheffield Brightside and Hillsborough ...
resigned for a second time over a conflict of interest; and
Tessa Jowell
Tessa Jane Helen Douglas Jowell, Baroness Jowell, (; 18 September 1947 – 12 May 2018) was a British Labour Party politician and life peer who served as the Member of Parliament (MP) for Dulwich and West Norwood, previously Dulwich, from 199 ...
's husband was implicated – separately – in a furore over his financial dealings), that it should be administered by a more impartial figure than the Prime Minister. However, the Prime Minister remains the ultimate judge of whether or not a minister has breached the Code.
In February, 2020,
Sir Philip Rutnam resigned as
permanent secretary
A permanent secretary (also known as a principal secretary) is the most senior Civil Service (United Kingdom), civil servant of a department or Ministry (government department), ministry charged with running the department or ministry's day-to-day ...
at the
Home Office, causing the
Cabinet Office
The Cabinet Office is a department of His Majesty's Government responsible for supporting the prime minister and Cabinet. It is composed of various units that support Cabinet committees and which co-ordinate the delivery of government objecti ...
to launch an inquiry into allegations of bullying by the
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
,
Priti Patel
Priti Sushil Patel (born 29 March 1972) is a British politician who served as Home Secretary from 2019 to 2022. A member of the Conservative Party, she was Secretary of State for International Development from 2016 to 2017. Patel has been the Me ...
, and whether the Ministerial Code had been breached.
Sir Alex Allan led the investigation in his role as the independent adviser on Ministers’ interests, which he has held since 2011. On 20 November 2020, he reported in his findings that the
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
"had not consistently met the high standards expected of her under the Ministerial Code."
Priti Patel issued an apology, but did not resign, and
Boris Johnson
Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as F ...
did not call for her resignation. Alex Allan subsequently resigned as independent adviser, stating, "I recognise that it is for the prime minister to make a judgement on whether actions by a minister amount to a breach of the ministerial code."
See also
*
Cabinet Secretary
*
Prime Minister of the United Kingdom
The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet and selects its ministers. As modern pr ...
*
Cabinet (UK)
The Cabinet of the United Kingdom is the senior decision-making body of His Majesty's Government. A committee of the Privy Council, it is chaired by the prime minister and its members include secretaries of state and other senior ministers.
T ...
*
Secretary of State (United Kingdom)
His Majesty's principal secretaries of state, better known as secretaries of state, are senior ministers of the Crown in the Government of the United Kingdom. Secretaries of state head most major government departments and make up the majority o ...
*
Minister of State
Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
*
Parliamentary Under-Secretary of State
Parliamentary Under-Secretary of State (or just Parliamentary Secretary, particularly in departments not led by a Secretary of State (United Kingdom), Secretary of State) is the lowest of three tiers of Minister (government), government minist ...
*
Parliamentary Private Secretary
A Parliamentary Private Secretary (PPS) is a Member of Parliament (MP) in the United Kingdom who acts as an unpaid assistant to a minister or shadow minister. They are selected from backbench MPs as the 'eyes and ears' of the minister in the H ...
*
Committee on Standards in Public Life
The Committee on Standards in Public Life (CSPL) is an advisory non-departmental public body of the United Kingdom Government, established by John Major in 1994 to advise the Prime Minister on ethical standards of public life. It promotes a code o ...
*
Cabinet collective responsibility
Cabinet collective responsibility, also known as collective ministerial responsibility, is a constitutional convention in parliamentary systems that members of the cabinet must publicly support all governmental decisions made in Cabinet, even if ...
*
Individual ministerial responsibility
In Westminster-style governments, individual ministerial responsibility is a constitutional convention that a cabinet minister bears the ultimate responsibility for the actions of their ministry or department. Individual ministerial responsibili ...
*
Special advisers in the United Kingdom
A special adviser (SpAd) is a temporary civil servant who advises and assists UK government ministers or ministers in the Scottish and Welsh devolved governments. They differ from impartial civil servants in that they are political appointees.
S ...
*
John Bourn
Sir John Bryant Bourn (21 February 1934 – 22 November 2022) was a British auditor who was the Comptroller and Auditor General and therefore a head of the National Audit Office.
Early life and education
Bourn was born in Hornsey, London, on ...
*
United Kingdom constitutional law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but princ ...
*
Precedent book
References
{{Reflist
External links
The current Ministerial Codefrom the Cabinet Office website.
Parliament of the United Kingdom
House of Commons of the United Kingdom
Cabinet of the United Kingdom
Cabinet Office (United Kingdom)
Westminster system
House of Lords
Ethical codes
Professional ethics