Petition Introduce independent body to enforce the ministerial code on ministers.

Government responded

This response was given on 15 June 2022

The Government is accountable to Parliament and the British people. The Prime Minister issues and upholds the Ministerial Code in line with his position as head of Her Majesty’s Government.

The Government takes its commitment to high ethical standards very seriously. The Ministerial Code makes clear the Government’s commitment to the Seven Principles of Public Life, and sets out the Prime Minister’s expectation that all those who serve in Government should uphold the highest standards of behaviour and propriety at all times.

The Prime Minister’s constitutional role as Head of the Executive means that he has sole responsibility for the organisation of Her Majesty’s Government. This includes the recommendation of the appointment, dismissal and acceptance of resignation of other Ministers. Ministers hold office for as long as they hold the confidence of the Prime Minister. The Prime Minister is accountable to both Parliament and the public in the exercise of his powers as head of the Executive. The Government of the day must carry the confidence of the House of Commons; the Commons expressed this confidence in its recent vote on the Queen’s Speech.

The Ministerial Code is a document for which the Prime Minister is responsible. It sets out the Prime Minister’s guidance to all Ministers on how they should act and arrange their affairs in order to uphold the principles and standards of conduct which are set out therein.

How the Ministerial Code is applied and upheld

Ministers themselves are personally responsible for deciding how to act and conduct themselves in line with the Ministerial Code. However, the Prime Minister is the ultimate judge of the standards of behaviour expected of a Minister and the appropriate consequences were a breach of those standards to occur.

To assist him in discharging these responsibilities, the Prime Minister appoints an Independent Adviser on Ministers’ Interests. The Independent Adviser performs a critical role in conducting investigations into alleged breaches of the Ministerial Code, in order to provide the Prime Minister with independent advice on whether or not a Minister’s conduct has met the standards set out in the Code. Having received the Independent Adviser’s advice, it is then for the Prime Minister to judge whether the standards set out in the Code have been met, and the appropriate consequences in the event that they have not been upheld.

Changes to strengthen the Ministerial Code and role of the Independent Adviser

On 27 May 2022 the Government announced changes to strengthen the role of the Independent Adviser on Ministers’ Interests, which have been incorporated into an updated Ministerial Code. The changes include: an enhanced process for the Independent Adviser to initiate investigations; a more explicit duty on Ministers to provide the Independent Adviser with all information reasonably necessary for the discharge of his role; new detail on proportionate sanctions for a breach of the Code; that the Independent Adviser will in future be consulted about revisions to the Code, and enhancement of the independence of the Independent Adviser's office.

Taken together, these reforms provide a measured and principled approach to ensure high standards in public life, whilst ensuring democratic accountability of elected representatives to the British people via the ballot box.

In making these changes the Government carefully considered the recommendations made by the Committee on Standards in Public Life, alongside consulting the Independent Adviser on Ministers’ Interests, Lord Geidt.

An independent body with the power to remove Ministers

The Government does not support the introduction of an independent body to enforce the Ministerial Code with the power to remove ministers.

As set out above, it is a fundamental of the United Kingdom’s constitution that the Prime Minister, as the head of the Executive and the Sovereign’s principal adviser, has sole responsibility for the organisation of Her Majesty’s Government. It is for the Prime Minister alone to recommend the appointment, dismissal or acceptance of resignation of Her Majesty’s Ministers, and Ministers hold office for as long as they have the confidence of the Prime Minister. The creation of an independent, unelected quango to adjudicate the Ministerial Code and with the power to remove Ministers from office, would undermine, not strengthen, the democratic process.”

The Committee on Standards in Public Life has also rejected the idea that any independent body should enforce the Ministerial Code, arguing that, "The issuing of sanctions must be a decision solely for the Prime Minister. To create a situation where any independent regulator of the Ministerial Code would effectively have the power to fire a minister would be unconstitutional."

Cabinet Office