Ministerial code
The ministerial code is a set of rules and principles which outlines the standards of conduct for government ministers. But what does is cover?
What is the ministerial code?
The ministerial code is the set of rules and principles which outline the standards of conduct for government ministers. 25 Cabinet Office, Ministerial Code, GOV.UK, 20 September 2010, www.gov.uk/government/publications/ministerial-code
There are separate codes for ministers for the UK government and devolved administrations in Scotland, Wales and Northern Ireland.
The codes all include the ‘overarching duty’ of ministers to comply with the law and to abide by the Seven Principles of Public Life, 26 Committee on Standards in Public Life, The Seven Principles of Public Life, GOV.UK, 31 May 1995, www.gov.uk/government/publications/the-7-principles-of-public-life a set of ethical standards which apply to all holders of public office.
The Northern Ireland Code also sets out rules and procedures specified in the Belfast Agreement, the 1998 Act, the St Andrews Agreement and the Northern Ireland (St Andrews Agreement) Act 2006.
Who does the ministerial code apply to?
Ministerial codes apply to all government ministers. Sections of the UK, Scottish and Welsh codes also apply to special advisers (who are also subject to separate codes), unpaid advisers (in the Welsh Code), Parliamentary Liaison Officers (in the Scottish Code) and parliamentary private secretaries (in the UK Code).
What does the ministerial code cover?
All of the ministerial codes cover similar ground in terms of the functioning of government and the impartiality of the civil service, accountability to parliament, use of government resources, propriety and ethics, and the separation between private and public interests.
The codes also set out how each government should function, including the role of collective responsibility, or collegiality, and how decisions are made.
There are some notable differences between ministerial codes in different jurisdictions. The Scottish and Northern Ireland codes both set out specific rules around how issues are brought to collective discussion. The UK code sets out principles but is ambiguous, stating that "no definitive criteria can be given for issues which engage collective responsibility". 27 Cabinet Office, Ministerial Code, 6 November 2024, https://www.gov.uk/government/publications/ministerial-code/ministerial-code This provides a large degree of flexibility for the prime minister.
The Northern Ireland code includes a pledge of office required by the Belfast Agreement. This includes ensuring the effective running of the power-sharing agreement, promoting the interests of the whole community, and challenging paramilitary activity.
Following the death of former minister Carl Sargeant, the Welsh ministerial code was revised to include a section on wellbeing of ministers. It now requires the first minister to "ensure that the wellbeing of the minister or ministers involved is fully taken into account as part of planning and preparation for reshuffles or other circumstances in which ministers may depart from government". 28 Welsh Government, Ministerial Code, 20 June 2024, https://www.gov.wales/ministerial-code-html
What is the legal status of the ministerial code?
The UK government ministerial code predates the others and it still mirrors constitutional rules and conventions set out in other documents, including the Cabinet Manual and civil service code. As such, it has no legal basis, though there is increasing pressure for it to be placed on a statutory footing.
A form of the code has existed since the second world war, though it was only made public when it was published as Questions of Procedure for Ministers by the then prime minister John Major in 1992. It was renamed the ministerial code under Tony Blair in 1997.
Both the Scottish and Welsh ministerial codes take their original form from the original Westminster one and carry similar status. But both have been adapted to the context of their respective governments.
The Northern Ireland Code has statutory backing. It was required by the Northern Ireland Act 1998 and many of its provisions are set out in other acts.
Who investigates breaches of the ministerial code?
The Welsh, Scottish and UK ministerial codes are all explicit that it is not for officials to enforce the code. Accompanying the Northern Ireland code is more detailed guidance setting out the exact process, by an independent panel, for investigations.
Since 2006, UK government ministerial code breaches have been investigated through an independent adviser on ministerial interests or by the cabinet secretary, but there is no requirement to follow any particular process. When a breach of the UK ministerial code is alleged to have taken place, whether and how it is investigated is entirely at the prime minister’s discretion.
When the code was updated by Keir Starmer in November 2024, the title was changed to the ‘independent adviser on ministerial standards’. Following recommendations from various organisations including the IfG, the adviser – currently Sir Laurie Magnus – was given the power to initiate their own investigations into potential breaches of the code.
Under the Welsh code, the first minister can refer alleged breaches to an independent adviser to investigate, "unless he is satisfied that the complaints can be responded to more immediately or routinely".
In Scotland, an independent panel has existed to investigate breaches of the code since 2008. The first minister, Nicola Sturgeon, first referred herself to an independent investigation on whether she broke the ministerial code during the Scottish government’s investigation of accusations of harassment against her predecessor Alex Salmond. 29 Sim P, ‘Did Nicola Sturgeon break the ministerial code?’, BBC, 11 January 2021, retrieved 2 March 2021, www.bbc.co.uk/news/uk-scotland-55617818 In January 2021, the probe was widened to investigate accusations that she misled the Scottish parliament.
Since the Northern Ireland Functioning of Government Act 2021, the independent commissioner for standards - appointed by the Northern Ireland Assembly - has been able to investigate complaints of alleged breaches of the ministerial code of conduct (outlined in the ministerial code itself)
How is the ministerial code enforced?
All of the codes give the final authority for decisions about action to be taken to the prime or first minister, or, in Northern Ireland, the relevant ‘nominating officer’ for a particular minister’s party. As the decision about who may be appointed or dismissed as a minister is considered a fundamental power under the discretion of first ministers or the prime minister, there is strong resistance to changing how ministerial codes are enforced.
Prior to the May 2022 update, there existed an expectation that breaching the code would lead to dismissal. The code only said that ministers “will be expected to offer their resignation to the prime minister” if they “knowingly mislead parliament”. Since May 2022, the code specifies that for other breaches, the prime minister “may ask the independent adviser for confidential advice on the appropriate sanction”, including “some form of public apology, remedial action, or removal of ministerial salary for a period.”
The most recent minister in the UK government to resign over a breach of the code was Suella Braverman in October 2022, after sending a draft Written Ministerial Statement from a personal email to a colleague outside of government in contravention of the rules. 30 BBC, ‘Suella Braverman: Home Secretary’s resignation letter in full, 19 October 2022, retrieved 4 January 2023, https://www.bbc.co.uk/news/uk-politics-63320750 Braverman resigned before being referred to the independent adviser: her resignation was considered to have related to complaints about the Truss premiership rather than the potential code breach alone. 31 Crerar P, Walker P, and Allegretti A, ‘Suella Braverman forced to resign as UK home secretary’, The Guardian, 19 October 2022, retrieved 4 January 2023, www.theguardian.com/politics/2022/oct/19/suella-braverman-departs-as-uk-home-secretary-liz-truss
However, in November 2020, the prime minister’s independent adviser, Sir Alex Allan, found that the home secretary, Priti Patel, had broken the ministerial code by bullying officials, but the prime minister disagreed and chose to keep Patel in place. 32 BBC, ‘Priti Patel: Bullying inquiry head quits as PM backs home secretary’, BBC, 20 November 2020, retrieved 24 February 2021, www.bbc.co.uk/news/uk-politics-55016076 Allan resigned, apparently in protest at this decision.
How often is the ministerial code updated?
New versions of ministerial codes are usually published at the start of each new administration, although in certain circumstances it is updated more frequently.
The most recent version of the code was published by Keir Starmer in November 2024. Starmer published his code four months into his government.
While there are rarely major changes between different versions of the ministerial code, Starmer substantially restructured the code and made significant additions. The ministerial code is sometimes updated during by a prime minister during their tenure. In May 2022 the code was updated by Boris Johnson to outline the wider range of possible sanctions for breaking the code.
The code can be updated outside of changes of prime ministers. An updated code was published in May 2022 which included an explicit statement about the range of possible sanctions for breaching the code. This version of the code was accompanied by a policy statement which rejected calls for it to be given a statutory basis.