Ministerial Code: Investigation of Potential Breach

Baroness Smith of Basildon Excerpts

Thursday 25th May 2023 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, the Prime Minister alone is the guardian of the Ministerial Code. The Prime Minister alone appoints the ethics adviser. The Prime Minister alone decides whether an alleged breach should be investigated; and whatever the outcome or conclusion of any report that is produced on a possible breach, the Prime Minister alone decides if a breach has actually occurred.

The Minister will be aware of demands and recommendations for greater independence. In the absence of such independence, and in light of the fact that so much lies with the Prime Minister, can she explain why calls for greater independence have been rejected by the Government? Will the Government publish the criteria on which the Prime Minister makes such judgments and explain today what those criteria are?

[The Minister of State, Cabinet Office (Baroness Neville-Rolfe) (Con)]

My Lords, the Ministerial Code sets out the standards of conduct expected of Ministers and how they discharge their duties. As the noble Baroness said, the Prime Minister is the ultimate judge of the standards of behaviour expected of a Minister and the appropriate consequences of a breach of those standards. That is indeed why he decides, as she has explained, but in light of advice from the independent adviser. The Prime Minister moved quickly to appoint an independent adviser, Sir Laurence Magnus, on whose advice he relies.

The noble Baroness asked why this system is not set up independently. This subject has been looked at by committees. Indeed, last year, as we discussed before, we did make some changes to the independent adviser’s powers and gave him more support. We believe that having an independent system would be a problem. An independent commission or system would amass considerable unelected power over the workings of government in somebody who does not have an elected mandate, without the checks and balances and accountabilities of elected politicians. We are here to debate, in a democratic way, circumstances that have gone on including, of course, the Home Secretary and the issue of the speed awareness course, which was the subject of this Question earlier in the week.

The criteria for investigating a breach, of course, depend on the circumstances. As the noble Baroness will know, the Ministerial Code is very wide ranging. It is the Prime Minister’s code, so he is rightly the decision-maker. The criteria for a particular investigation will depend on the issue being investigated.