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Explainer

Keir Starmer’s ministerial code

Keir Starmer has published his ministerial code. But what does it say?

Prime Minister, Keir Starmer, leaves Number 10 to go to Parliament for Prime Ministers Questions.

On 6 November 2024 – the day after the US presidential election, when media attention was inevitably elsewhere – Keir Starmer published his ministerial code. This version of the code is a substantial rewrite of the previous version, published by Rishi Sunak in late 2022. The prime minister has strengthened key aspects of the code, taking on board recommendations from the IfG and other organisations. He has also restructured it, dividing it between:

  • principles regarding ministerial standards
  • rules around how ministers should manage and declare their interests
  • and procedures in government that ministers and their advisers need to understand and abide by. 

This is a welcome reset of ministerial standards, but the prime minister has not fixed all the issues with the code. The rest of this explainer looks at the most important changes he has made, and those he has missed. 

Investigations

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Powers of the independent adviser1.4.b. Where the Independent Adviser believes that an alleged breach of the Code warrants further investigation and that matter has not already been referred to him, he may initiate an investigation. Before doing so, the Independent Adviser will consult the Prime Minister who will normally give his consent. However, where there are public interest reasons for doing so, the Prime Minister may raise concerns about a proposed investigation such that the Independent Adviser does not proceed. In such an event, the Independent Adviser may still require that the reasons for an investigation not proceeding be made public unless this would undermine the grounds that have led to the investigation not proceeding.2.6.b. Where the Independent Adviser believes that an alleged breach of the Code warrants further investigation and that matter has not already been referred to them, they may initiate an investigation after notifying the Prime Minister. Ministers are expected to provide the Independent Adviser with all information reasonably necessary for the discharge of their role.The independent adviser’s title has changed to include ministerial standards. The adviser, Sir Laurie Magnus, can now begin investigations into potential breaches of the ministerial code without requiring any permission from the prime minister. This is an important step in bolstering the independent enforcement of standards at the top of government and a key recommendation of the IfG. 
Determination of a breach1.6. 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.

2.4. Following an investigation carried out by the Independent Adviser, the Independent Adviser may advise the Prime Minister on whether, in their view, there has been a breach of the standards expected in the Ministerial Code.

2.5. The decision on whether a minister remains in office is for the Prime Minister, as the ultimate judge of the standards of behaviour expected of a minister and the appropriate consequences of a breach of those standards.

This formalises the role for the independent adviser to advise on breaches of the code, though reiterates that it is the prime minister ultimately makes this determination and decides on any sanction. This is important to reassure those concerned that an (unelected) independent adviser with the power to investigate might be able to require dismissal of ministers – as this makes clear, it is only the prime minister who can do so.

The new code frequently recommends that ministers consult the independent adviser, for example when they have taken steps to mitigate constituency interests, when they are taking a decision which involves personal interests, or when they are party to (personal) legal proceedings. These additions bolster the role of the independent adviser.

Gifts and hospitality 

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Accepting gifts and hospitality

7.20 It is a well-established and recognised rule that no Minister
should accept gifts, hospitality or services from anyone which
would, or might appear to, place him or her under an obligation.
The same principle applies if gifts etc are offered to a member of
their family.

This is primarily a matter which must be left to the good sense of Ministers. But any Minister in doubt or difficulty over this should seek the advice of their Permanent Secretary.
 

3.21. Ministers have a responsibility to represent the government, engage with stakeholders and support relevant sectors of the UK economy. These responsibilities will require ministers to attend functions and events in a ministerial capacity, including those where hospitality may be offered.

3.22. However, it is a well-established and recognised rule that ministers should not accept any gifts, hospitality or service which would, or might reasonably appear to, compromise their judgement or place them under an obligation to people or organisations that might try inappropriately to influence their work in government. The same principle applies if gifts etc are offered to a member of their family.

3.28. In cases of any doubt about the application of these principles to a particular situation, ministers should seek advice from their permanent secretary, who may also consult the Cabinet Office.

This additional first paragraph is presumably a response to the summer row over freebies – reminding readers that there are reasons for ministers to receive gifts and hospitality. The IfG agrees – it is important that ministers spend time with businesses, charities and other organisations to understand their needs and perspectives.

Reiterating the point that ministers should exercise their judgement about accepting gifts and hospitality is key – the row over hospitality earlier this year arguably came about because of a lack of judgement. 
 

Transparency7.24. Departments will publish quarterly details of gifts (worth more than £140) and hospitality received by ministers. Ministers do not need to declare gifts and hospitality received in their ministerial capacity in the register of MPs’ or peers’ interests.3.26. The Cabinet Office will publish, monthly, a Register of Ministers’ Gifts and Hospitality. The Register will include details of gifts received and given by ministers in their ministerial capacity valued at more than £140, and details of hospitality above de minimis levels received by ministers in their ministerial capacity, specifying the nature and where possible the estimated value of the hospitality.This brings the transparency requirements around ministers’ gifts and hospitality closer to, though not fully in line with, those of MPs (who declare their interests on a fortnightly basis).

Keir Starmer’s rewrite of the ministerial code is long overdue

The prime minister has made important first steps on bolstering standards.

Read the comment
Starmer

Special advisers

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Numbers3.2. With the exception of the Prime Minister, Cabinet Ministers may each appoint up to two special advisers. The Prime Minister may also authorise the appointment of special advisers for Ministers who regularly attend Cabinet.6.2. Cabinet ministers may appoint special advisers to support them and their department. The Prime Minister may also authorise the appointment of special advisers for ministers who regularly attend cabinet.The government has removed the limit on the number of special advisers. This had not been observed for many years – and more advisers are probably helpful to ministers – but not having any limit at all could mean huge teams that separate ministers from their departments. 

The government has also updated the code of conduct for special advisers, requiring spads to “treat all whom they meet with consideration and respect”. The new code also formalises spads’ declaration of relevant interests to their permanent secretary.

Civil service

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Civil service5.1 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 and the requirements of the Constitutional Reform and Governance Act 2010. Ministers should be professional in their working relationships with the Civil Service and treat all those with whom they come into contact with consideration and respect.1.8. The relationship between ministers and civil servants is a partnership underpinned by their common duty of public service as set out in this Code and in the Civil Service Code. 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 and the requirements of the Constitutional Reform and Governance Act 2010. Ministers should be professional in their working relationships with the Civil Service and treat all those with whom they come into contact with consideration and respect.

Starmer’s code adds text aimed at addressing the deterioration of relations between ministers and civil servants in recent years.

By focusing on a shared duty of public service the code signals a fresh approach to civil servants by the new government.

Candour and openness1.3.d. Ministers should be as open as possible with Parliament and the public, refusing to provide information only when disclosure would not be in the public interest, which should be decided in accordance with the relevant statutes and the Freedom of Information Act 2000.
 
1.6.d. Ministerial office requires candour and openness. Ministers should demand and welcome candid advice. They should be as open as possible with Parliament and the public, refusing to provide information only when disclosure would not be in the public interest which should be decided in accordance with the relevant statutes and the Freedom of Information Act 2000. Ministers should be open and candid with public inquiries.

Added emphasis on openness and candour is a welcome addition to the code and aligns with the spirit of the government’s intention to impose a statutory duty of candour on public servants broadly.

Additional text on public inquiries reflects the significance of recent inquiries such as those resulting from the Grenfell disaster and the infected blood scandal.

Use of government resources1.3.i. Ministers must not use government resources for party political purposes.

1.6.i. Ministers must not use government resources for party political purposes

1.10. Ministers should ensure that government resources (which includes Civil Service activity) are not used for party political purposes. They should be mindful of the requirements set out in Managing Public Money, and of the Accounting Officer’s role as steward of the department’s resources.

The new code has added details for ministers on government resources, signalling further guidance and relevant personnel. 
Permanent secretaries 1.12. Permanent secretaries are the most senior civil servants in government departments. They are the principal advisers to departmental ministers and are responsible for translating ministers’ ambitions into a clear vision to staff, and upholding the rules and guidance they are bound by as civil servants and Accounting Officers. Ministers and permanent secretaries should have a trusting, positive relationship, with regular opportunities for the exchange of feedback. Any concerns about this relationship should be resolved as swiftly as possible with the Cabinet Secretary and Prime Minister.Starmer’s code has a new section setting out the significance of the relationship between ministers and permanent secretaries. The tenor of the additions reflects a greater focus on the relationship between ministers and the civil service in the code overall.

Parliament

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Parliament9.2. Even when Government announcements are not of major importance their timing may require careful consideration in order to avoid clashes with other Government publications, statements or announcements or with planned Parliamentary business. The Offices of the Leader of the Commons, the Chief Whip and the Prime Minister should be given as long an opportunity as possible to comment on all important announcements.9.2. Even when government announcements are not of major importance, their timing may require careful consideration in order to avoid clashes with other government publications, statements or announcements, or with planned parliamentary business. The offices of the Leader of the House of Commons, the Chief Whip and the Prime Minister should be given as long an opportunity as possible on all important announcements. Bids for oral statements should be co-ordinated via the Leader of the House of Commons.The new code makes explicit the role of the Leader of the House of Commons in coordinating bids for oral statements. This has long been a function of that office.
 9.8. Ministers should, where possible, provide full and timely responses to written parliamentary questions, ministerial correspondence and select committee reports.The new code has introduced a new obligation on ministers to give timely responses to parliamentary questions, correspondence and select committee reports. While this has long been the expectation of parliamentarians, it is notable that the government is now recognising that principle, particularly in light of the significant delays to such responses that we have seen under previous administrations.

The code maintains the previous commitment to making major policy announcements to parliament before the media, but this government has so far taken the same approach as previous ones, using pre-announcement briefing to secure coverage. The speaker of the Commons recently criticised the chancellor for pre-budget briefing to the media.

Post-government jobs

The new code makes no changes to the rules around post-government jobs or how those rules are enforced. Ministers cannot lobby government for two years after they leave office, and they must follow advice from the independent Advisory Committee on Business Appointments about any roles they wish to take up within this period.

Meetings with external organisations

The new code makes no changes to the recording or publication of ministers’ external meetings, though in 2023 the previous government tentatively committed to moving this to a monthly publication (which is what this government have done with gifts and hospitality). Reverting to a quarterly publication cycle is a missed opportunity for greater transparency. 
 

Miscellaneous

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Adherence to the law1.3. The Ministerial Code should be read against the background of the overarching duty on Ministers to comply with the law and to protect the integrity of public life.1.6. The Ministerial Code should be read against the background of the overarching duty on ministers to comply with the law, including international law and treaty obligations, and to protect the integrity of public life.Starmer has re-inserted a requirement for ministers to comply with international law and treaty obligations, after it was removed by David Cameron after the 2015 election. 
Nolan principles1.3. Ministers “are
expected to observe the Seven Principles of Public Life, set out
at Annex A”
 

Starmer’s code returns the Nolan Principles to the body of the code:

1.4. Ministers are expected to adhere to the Seven Principles of Public Life (also known as the ‘Nolan Principles’), which are set out by the Committee on Standards in Public Life and apply to all public office holders.

Boris Johnson was the first prime minister to move the Nolan principles to an annex (he did not remove them from the code entirely). Returning them to early on in the main body of the code shows the importance that Starmer places on the principles. 
Non-official communication channels 5.15. In general, it is expected that ministers and civil servants should use government systems for all government business. Any use of non-corporate communication channels for government business engages ministers’ obligations to keep accurate public records. Ministers in this position must follow the government guidance.This puts the obligation to adhere to rules around using non-official communication channels to conduct government business into the ministerial code, bolstering those rules. 
Public appointments3.1. Civil service appointments must be made in accordance with the requirements of the Constitutional Reform and Governance Act 2010. Ministerial involvement in such appointments is set out in the Civil Service Commission’s Recruitment Principles. Public appointments should be made in accordance with the requirements of the law and, where appropriate, the Governance Code issued by the Cabinet Office. Ministers have a duty to ensure that influence over civil service and public appointments is not abused for partisan purposes.6.1. Civil Service appointments must be made in accordance with the requirements of the Constitutional Reform and Governance Act 2010. Ministerial involvement in such appointments is set out in the Civil Service Commission’s Recruitment Principles. Public appointments should be made in accordance with the requirements of the law and, where appropriate, the Governance Code on Public Appointments issued by the Cabinet Office. The ultimate responsibility for public appointments and thus the selection of those appointed rests with ministers who are accountable to Parliament for their decisions and actions. Ministers have a duty to ensure that influence over Civil Service and public appointments is not abused for partisan purposes.

The new code notes that ministers are ultimately accountable for public appointments and therefore have a right to make the final decision.

This has always been the case, and this right has been exercised previously by ministers, and it is therefore welcome that the government is making this explicit.

Quasi-judicial function 5.7. Some ministerial posts have responsibility for quasi-judicial functions that are exercised by the individual minister and not through cabinet, for example in relation to planning or competition law. When exercising such functions, it is particularly important that ministers act independently and are not subject to any improper influence. Further guidance and advice should be sought from departmental legal advisers and the relevant permanent secretary.This new paragraph is an uncontroversial addition to the code, setting out in more detail ministers’ legal duties.

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