Independent adviser on ministerial standards
We explore the role of the independent adviser on ministerial interests, who advises the prime minister on the ministerial code.
What is the role of the independent adviser on ministerial standards?
The independent adviser on ministerial interests is appointed by the prime minister to advise them on the ministerial code. The role was established in 2006 by Tony Blair.
The independent adviser investigates potential breaches of the ministerial code – from 2024 they are able to launch their own investigations without asking the prime minister. The adviser can provide confidential advice to the prime minister about sanctions for ministers found to have breached the code, but the final decision remains with the prime minister. Ministers can also refer themselves to the independent adviser for investigation as Treasury minister Tulip Siddiq did in January 2025 after being named in a corruption investigation in Bangladesh. 28 BBC News, ‘Siddiq refers herself for probe by standards adviser’, 6 January 2025, https://www.bbc.co.uk/news/articles/c627y2j63gzo
The independent adviser advises ministers on managing their private interests, so as to avoid any potential or perceived conflicts of interest. Following Keir Starmer’s ministerial code in November 2024, the independent adviser’s title was updated to include ministerial standards and changes were made to how the role operates. The independent adviser publishes a list of ministers’ private interests – previously this was released twice a year, but from 2024 this will be updated quarterly. 29 Terms of reference for the Independent Adviser on Ministerial Standards, 8 November 2024, https://www.gov.uk/government/publications/terms-of-reference-for-the-independent-adviser-on-ministerial-standards/terms-of-reference-for-the-indepen…
The independent adviser publishes an annual report, setting out the work he has undertaken. 30 Cabinet Office, ‘List of ministers’ interests’, 6 November 2024, retrieved 11 November 2024, https://www.gov.uk/government/publications/list-of-ministers-interests.
Who is the current independent adviser?
On 22 December 2022, Rishi Sunak appointed Sir Laurie Magnus CBE to be the independent adviser and he has remained in post under Keir Starmer.
The previous two independent advisers – Lord Geidt and Sir Alex Allan – resigned during Boris Johnson’s premiership. Sir Alex resigned because the prime minister disagreed with his finding that the home secretary, Priti Patel, had broken the ministerial code by bullying civil servants. 31 BBC News, ‘Priti Patel: Bullying inquiry head quits as PM backs home secretary’, 20 November 2020, retrieved 11 November 2024, https://www.bbc.co.uk/news/uk-politics-55016076. Lord Geidt’s resignation followed months of strain resulting from ‘partygate’ and was finally triggered over a dispute with the prime minister about international law and trade policy. 32 BBC News, ‘Lord Geidt quits as Boris Johnson’s ethics adviser’, 16 June 2022, retrieved 11 November 2024, https://www.bbc.co.uk/news/uk-politics-61819747.
Who enforces ministerial standards in the devolved adminisrations?
There are currently three independent advisers for Scottish ministerial code and since December 2024 they have been able to launch their own investigations. 33 Scottish Government, Scottish Ministerial Code: 2024 Edition, 17 December 2024, https://www.gov.scot/publications/scottish-ministerial-code-2024-edition/
In Wales, there is no standing independent adviser on the ministerial code. Instead the first minister can refer complaints to an independent adviser for consideration and advice – in 2017, then first minister Carwyn Jones referred himself for investigation by an independent adviser to the Scottish government. 34 Welsh Government, Update on independent adviser on the ministerial code, 15 December 2017, https://www.gov.wales/update-independent-adviser-ministerial-code
Following the Northern Ireland Functioning of Government Act 2021, the independent commissioner for standards – appointed by the Northern Ireland assembly – can investigate complaints made against ministers as well as MLAs. 35 Northern Ireland Assembly, Commissioner for Standards, retrieved 7 January 2025, https://standardscommissionerniassembly.org/ The commissioner can launch an investigation if they believe the Northern Ireland executive ministerial code may have been breached, or if someone raises a complaint against a minister.
What criticisms have been made of the independent adviser role?
Like the ministerial code, the UK government's independent adviser has no legal basis, but there is increasing pressure for the role to be placed on a statutory footing.
Previously, various groups including the Institute for Government had called for the independent adviser to be able to initiate their own investigations into potential breaches of the ministerial code. Under Keir Starmer’s ministerial code, published in November 2024, the independent adviser can now launch their own investigations. According to the terms of reference, the independent adviser may publish any advice to the prime minister “in a timely manner”. 36 Cabinet Office, ‘Ministerial Code’, 6 November 2024, retrieved 11 November 2024. Rishi Sunak’s government had confirmed that investigations into breaches in the ministerial code would be published within eight weeks.