Please enable JavaScript.
Coggle requires JavaScript to display documents.
Workshop 5.3 - Ministerial Code - Coggle Diagram
Workshop 5.3 - Ministerial Code
The Ministerial Code - background
The Code reflects the impetus towards transparency and accountability in government.
Written guidance for Cabinet ministers originated in the 1980s in the form of confidential Questions of Procedure for Ministers. These were first made available publicly in 1992.
The first Ministerial Code was published in 1997 at the start of Tony Blair's premiership.
The Ministerial Code - principles
Para 1.3 - Ministers are expected to observe the Seven Principles of Public Life.
These were established by the Committee on Standards in Public Life set up in 1994 by John Mayer. These are also known as the Nolan principals.
These principles are recorded in Annex A : Selflessness, integrity, objectivity, accountability, openness honest and leadership.
The Ministerial Code - rules
The Ministerial Code is a set of unenforceable rules, at most it is soft law.
Para 1.6 - Investigations of a breach, and any consequences, are entirely at the discretion of the PM as the ultimate judge.
The Ministerial Code covers the following areas:
The conduct of ministers.
The principle of collective responsibility.
Proper and transparent engagement with Parliament.
Avoiding potential conflicts of interest.
Proper use of government resources.
The Ministerial Code - application
The Code applies to: Government Ministers (in full); Parliamentary private secretaries (partially); and Special Advisors (partially).
There is no particular investigative process in the event of an alleged breach of the Code.
The Code only provides guidance (as describe in para 1.5) and puts emphasis on ministers taking responsibility for their actions.
Under para 1.4, (after consultation with the Cabinet Secretary) the PM can refer a matter to the PM's Independent Advisor o Minister's Interests. The Independent Advisor can initiate an investigation into an alleged breach, subject to the PM's permission (1.4.b)
Updates to the Ministerial Code
The Code is usually updated when a new PM takes office.
The last Ministerial Code was published in November 2024 under Starmer.
The May 2022 version, under Johnson, introduced the idea of lesser sanctions for breaches of the Code such as a public apology or temporary reduction in salary (1.7).
In recent years there has bee a more political tinge to the language used in the Code, with the inclusion of government policy commitments alongside issues relating to ministerial conduct.
Collective responsibility
The Ministerial Code essentially codifies the principle of collective ministerial responsibility.
General principle 2.1 of the Code: "The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached"
Engagement with Parliament
Ministers should give accurate information to Parliament and be as open as possible.
Section 9 of the Code gives further specific detail on how ministers should relate to Parliament. General principle 9.1 is designed to reinforce the status of Parliament as the sovereign body.
When Parliament is in session, the most important announcements of government policy should be made in the first instance in Parliament.
An example of a breach
In July 2018, Esther McVey (Secretary of State for Work and Pensions) told Parliament that the National Audit Office (NAO) wanted to speed up the roll out of Universal Credit.
The Head of the NAO said this was incorrect and McVey then told MPs that she had meant to say that the NAO believed that there was no practical alternative.
Consequences
There were calls for McVey's resignation. She apologised to Parliament and then resigned for different reasons.
Conflicts of interest
General principle 7 of the Code makes it clear that Ministers should make sure that no conflict arises between their public duties and their private interests. Ministers shouldn't accept any bribes.
Example breach
When Priti Patel was International Development Secretary during May's government, she conducted unofficial meetings with Israeli ministers and business representatives.
Consequences
She resigned and Theresa May said that Patel had made the right decision to resign.
Patel joined Johnson's government as Home Secretary and prior to this appointment she was again accused of doing paid strategic consulting work for a private company seeking approval from the advisory committee. The PM did nothing about this.
General principle on behaviour
Ministers should be professional in all their dealings and treat everyone with consideration and respect. Harassing, bullying or other discriminatory behaviour will not be tolerated.
Example breaches
Michael Fallon (Defence Secretary) resigned from May's government following allegations of inappropriate sexual behaviour.
Dominic Raab resigned as Justice Secretary in 2023 after Adam Tolley KC found him responsible for intimidating civil servants.