Ministerial Code (United Kingdom)
Encyclopedia
The Ministerial Code is a document setting out "rules" and standards for government ministers in the United Kingdom
. Separate codes exist for ministers of the Scottish Government, the Northern Ireland Executive
(based on the St Andrews Agreement
) and the Welsh Assembly Government
.
to assist ministers, and dates to at least the 1980s.
The earliest published form of the Code was when the QPM was released by the Major Government in 1992, and further editions have been adapted based on suggestions and recommendations from the Committee on Standards in Public Life
. The first edition to be entitled Ministerial Code was Tony Blair
's 1997 set of rules. The most recent version was released in May 2010 (it being a convention for each new Prime Minister
to issue their own).
When Gordon Brown came into office in June 2007 he appointed Sir Philip Mawer
, Parliamentary Commissioner for Standards
, 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
Sir John Bourn
. The Cabinet Secretary
, currently Gus O'Donnell
, is responsible for clearing ministers' financial matters.
The Code is currently administered by the Propriety and Ethics group within the Cabinet Office.
and transparency
, and explains that there are "several new mechanisms" for making available to the public information on Ministerial business
.
, 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
, and to avoid conflicts of interest
.
(temporary civil servants
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
(backbenchers who act as an unpaid secretary to the minister, to gain experience and credit with the party
), whose appointment would require written authority from the Prime Minister. PPSs are not members of the government, but are expected to form part of the payroll vote
, and support all government initiatives in the House of Commons
.
and how responsibilities can be transferred), and how ministers should ensure that their work is covered during any absence from London
– even for constituency business.
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."
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, in order 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.
es, interview
s and news release
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".
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.
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
gained by official travel.
s over the Code (David Blunkett
resigned for a second time over a conflict of interest; and Tessa Jowell
'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.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Separate codes exist for ministers of the Scottish Government, the Northern Ireland Executive
Northern Ireland Executive
The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved legislature for Northern Ireland. It is answerable to the Assembly and was established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement...
(based on the St Andrews Agreement
St Andrews Agreement
The St Andrews Agreement was an agreement between the British and Irish Governments and the political parties in relation to the devolution of power to Northern Ireland...
) and the Welsh Assembly Government
Welsh Assembly Government
The Welsh Government is the devolved government of Wales. It is accountable to the National Assembly for Wales, the legislature which represents the interests of the people of Wales and makes laws for Wales...
.
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 OfficeCabinet Office
The Cabinet Office is a department of the Government of the United Kingdom responsible for supporting the Prime Minister and Cabinet of the United Kingdom....
to assist ministers, and dates to at least the 1980s.
The earliest published form of the Code was when the QPM was released by the Major Government in 1992, and further editions have been adapted based on suggestions and recommendations from the Committee on Standards in Public Life
Committee on Standards in Public Life
The Committee on Standards in Public Life is an advisory non-departmental public body of the United Kingdom Government.The Committee on Standards in Public Life is constituted as a standing body with its members appointed for up to three years.-History:...
. The first edition to be entitled Ministerial Code was Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
's 1997 set of rules. The most recent version was released in May 2010 (it being a convention for each new Prime Minister
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
to issue their own).
When Gordon Brown came into office in June 2007 he appointed Sir Philip Mawer
Philip Mawer
Sir Philip Mawer was the Parliamentary Commissioner for Standards from 2002 until 2008 when he became an independent advisor on Ministerial standards to Gordon Brown. He was previously Secretary General of the General Synod of the Church of England....
, Parliamentary Commissioner for Standards
Parliamentary Commissioner for Standards
The Parliamentary Commissioner for Standards is an officer of the British House of Commons.He or she is appointed by a Resolution of the House of Commons and works a four-day week.- Tasks :...
, 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
Comptroller and Auditor General
Comptroller and auditor-general is the abbreviated title of a government official in a number of jurisdictions, including the UK, the Republic of Ireland, India, and China....
Sir John Bourn
John Bourn
Sir John Bourn, then an officer of the British House of Commons, was holder of the office of Comptroller and Auditor General and, as such, head of the National Audit Office. He took up his post in 1988 after a series of senior appointments in the Ministry of Defence and the Northern Ireland Office...
. The Cabinet Secretary
Cabinet Secretary
A Cabinet Secretary is almost always a senior official who provides services and advice to a Cabinet of Ministers. In many countries, the position can have considerably wider functions and powers, including general responsibility for the entire civil service...
, currently Gus O'Donnell
Gus O'Donnell
Sir Augustine Thomas "Gus" O'Donnell GCB is a British civil servant, who is the current Cabinet Secretary, the highest rank in the British Civil Service. He is consequently, under current practice, Head of the Civil Service, which means he has authority over all civil servants except those who are...
, is responsible for clearing ministers' financial matters.
The Code is currently administered by the Propriety and Ethics group within the Cabinet Office.
Contents
The Code itself is divided into ten sections, and one annex. It begins with a foreword from Gordon Brown, which stresses the necessity for open governmentOpen government
Open government is the governing doctrine which holds that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. In its broadest construction it opposes reason of state and racist considerations, which have tended to legitimize...
and transparency
Transparency (social)
Transparency is a general quality. It is implemented by a set of policies, practices and procedures that allow citizens to have accessibility, usability, utility, understandability, informativeness and auditability of information and process held by centers of authority...
, and explains that there are "several new mechanisms" for making available to the public information on Ministerial business
Freedom of information in the United Kingdom
Freedom of information legislation in the United Kingdom is controlled by two Acts of the United Kingdom and Scottish Parliaments respectively, which both came into force on 1 January 2005.* Freedom of Information Act 2000...
.
Section 1 – Ministers of the Crown
This section is an introduction, setting out the role of ministers to the government, to ParliamentParliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, 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
Cabinet collective responsibility
Cabinet collective responsibility is constitutional convention in governments using the Westminster System that members of the Cabinet must publicly support all governmental decisions made in Cabinet, even if they do not privately agree with them. This support includes voting for the government in...
, and to avoid conflicts of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
.
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 are known as the "Radcliffe rules".Section 3 – Ministers and Appointments
Setting out the rules regarding special advisersSpecial advisers in the United Kingdom
A special adviser works in a supporting role to the British government. With media, political or policy expertise, their duty is to assist and advise government ministers.-Role:...
(temporary civil servants
British Civil Service
Her Majesty's Home Civil Service, also known as the Home Civil Service, is the permanent bureaucracy of Crown employees that supports Her Majesty's Government - the government of the United Kingdom, composed of a Cabinet of ministers chosen by the prime minister, as well as the devolved...
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
Parliamentary Private Secretary
A Parliamentary Private Secretary is a role given to a United Kingdom Member of Parliament by a senior minister in government or shadow minister to act as their contact for the House of Commons; this role is junior to that of Parliamentary Under-Secretary, which is a ministerial post, salaried by...
(backbenchers who act as an unpaid secretary to the minister, to gain experience and credit with the party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
), whose appointment would require written authority from the Prime Minister. PPSs are not members of the government, but are expected to form part of the payroll vote
Payroll vote
Payroll vote is a term in the British Parliamentary System for Members of Parliament who concurrently hold Government positions. It includes ministers, junior ministers and Parliamentary Private Secretaries: even though the last are unpaid, they are "widely regarded as being on the first rung of...
, and support all government initiatives in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
.
Section 4 – Ministers and Their Departments
Ministers and Their Departments regards the machinery of government (the structure of government departmentsDepartments of the United Kingdom Government
Her Majesty's Government of the United Kingdom contains a number of Cabinet ministers who are usually called secretaries of state when they are in charge of Government departments called ministerial departments...
and how responsibilities can be transferred), and how ministers should ensure that their work is covered during any absence from London
Holiday
A Holiday is a day designated as having special significance for which individuals, a government, or a religious group have deemed that observance is warranted. It is generally an official or unofficial observance of religious, national, or cultural significance, often accompanied by celebrations...
– even for constituency business.
Section 5 – Ministers and Civil Servants
This section, Ministers and Civil Servants, regards ministerial relationships with the Civil Service. 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 interestConflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
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
Airport
An airport is a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an 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 SecretaryPermanent Secretary
The Permanent secretary, in most departments officially titled the permanent under-secretary of state , is the most senior civil servant of a British Government ministry, charged with running the department on a day-to-day basis...
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, in order to ensure impartiality.
Guidelines are set out as to maintaining neutrality for ministers who are members of a trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
. 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
SpeechSpeech
Speech is the human faculty of speaking.It may also refer to:* Public speaking, the process of speaking to a group of people* Manner of articulation, how the body parts involved in making speech are manipulated...
es, interview
Interview
An interview is a conversation between two people where questions are asked by the interviewer to obtain information from the interviewee.- Interview as a Method for Qualitative Research:"Definition" -...
s and news release
News release
A press release, news release, media release, press statement or video release is a written or recorded communication directed at members of the news media for the purpose of announcing something ostensibly newsworthy...
s should all be cleared with the Number 10 Press Office
10 Downing Street
10 Downing Street, colloquially known in the United Kingdom as "Number 10", is the headquarters of Her Majesty's Government and the official residence and office of the First Lord of the Treasury, who is now always the Prime Minister....
, 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 statementsSpeech
Speech is the human faculty of speaking.It may also refer to:* Public speaking, the process of speaking to a group of people* Manner of articulation, how the body parts involved in making speech are manipulated...
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 securitySecurity
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...
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
Air Miles is the name of separately operated loyalty programs in Canada, the United Kingdom, Spain , the Netherlands and the Middle East, through which points are earned on purchases at participating merchants.-History:...
gained by official travel.
Annex – The Seven Principles of Public Life
These principles were published by the Committee on Standards in Public Life 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 interestPublic interestThe public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
. - 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 scandalPolitical scandal
A political scandal is a kind of political corruption that is exposed and becomes a scandal, in which politicians or government officials are accused of engaging in various illegal, corrupt, or unethical practices...
s over the Code (David Blunkett
David Blunkett
David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...
resigned for a second time over a conflict of interest; and Tessa Jowell
Tessa Jowell
Tessa Jowell is a British Labour Party politician, who has been the Member of Parliament for Dulwich and West Norwood since 1992. Formerly a member of both the Blair and Brown Cabinets, she is currently the Shadow Minister for the Olympics and Shadow Minister for London.-Early life:Tessa Jane...
'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.
See also
- Cabinet SecretaryCabinet SecretaryA Cabinet Secretary is almost always a senior official who provides services and advice to a Cabinet of Ministers. In many countries, the position can have considerably wider functions and powers, including general responsibility for the entire civil service...
- Prime Minister of the United KingdomPrime Minister of the United KingdomThe Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
- Cabinet (UK)
- Secretary of State (United Kingdom)Secretary of State (United Kingdom)In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....
- Minister of StateMinister of StateMinister of State is a title borne by politicians or officials in certain countries governed under a parliamentary system. In some countries a "minister of state" is a junior minister, who is assigned to assist a specific cabinet minister...
- Parliamentary Under-Secretary of StateParliamentary Under-Secretary of StateA Parliamentary Under-Secretary of State is the lowest of three tiers of government minister in the government of the United Kingdom, junior to both a Minister of State and a Secretary of State....
- Parliamentary Private SecretaryParliamentary Private SecretaryA Parliamentary Private Secretary is a role given to a United Kingdom Member of Parliament by a senior minister in government or shadow minister to act as their contact for the House of Commons; this role is junior to that of Parliamentary Under-Secretary, which is a ministerial post, salaried by...
- Committee on Standards in Public LifeCommittee on Standards in Public LifeThe Committee on Standards in Public Life is an advisory non-departmental public body of the United Kingdom Government.The Committee on Standards in Public Life is constituted as a standing body with its members appointed for up to three years.-History:...
- Cabinet collective responsibilityCabinet collective responsibilityCabinet collective responsibility is constitutional convention in governments using the Westminster System that members of the Cabinet must publicly support all governmental decisions made in Cabinet, even if they do not privately agree with them. This support includes voting for the government in...
- Special advisers in the United KingdomSpecial advisers in the United KingdomA special adviser works in a supporting role to the British government. With media, political or policy expertise, their duty is to assist and advise government ministers.-Role:...
- John BournJohn BournSir John Bourn, then an officer of the British House of Commons, was holder of the office of Comptroller and Auditor General and, as such, head of the National Audit Office. He took up his post in 1988 after a series of senior appointments in the Ministry of Defence and the Northern Ireland Office...
External links
- The current Ministerial Code from the Cabinet Office website.