The oversight body expressed concern in response to Boris Johnson’s changes to the ministerial code, warning that the prime minister retains the ability to “critically undermine” the official responsible for investigating potential violations.
Critics of hostile Mr Johnson have accused him of “diluting the rules to save his own skin” and “acting like a despot of tin” last week after announcing changes to the code, meaning he will no longer be expected ministers to resign. if it is found that they have violated it.
According to the revised code, if the prime minister wants the offending minister to retain his post, sanctions for breaches of the code could instead require “some form of public apology, corrective action or removal of the ministerial salary for a certain period.”
However, not only will Mr Johnson himself still be expected to resign if the current parliamentary inquiry concludes he has deceived parliament over the Partygate scandal, changes to the code have been made following recommendations from the Independent Standards Committee. public life.
But the chairman of the supervisory body, Lord Evans of Wordale, said on Monday that his recommendation for a number of ministerial sanctions had partially removed the need for Mr Johnson to have an effective veto on whether violations should be investigated – which he still maintains.
The government said on Friday that although there would be an “intensified process” for Lord Hyde, an independent ministerial adviser, to launch his own investigation, he would still need the prime minister’s permission.
In an official response Monday, the chairman of the supervisory body, Lord Evans of Wordale, a former MI5 chief, warned that although there had been an “improvement”, Mr Johnson’s adviser’s role was “still not independent enough”.
Lord Evans also expressed concern that the prime minister had retained his ability to revoke his adviser if a breach was found – circumstances he warned would “critically undermine trust in the adviser’s office”.
Lord Hyde’s predecessor, Sir Alex Allen, resigned in 2020 after Mr Johnson rejected his finding that Home Secretary Priti Patel was guilty of harassing government officials.
While Lord Evans said the government’s move to impose a set of sanctions for code violations was “in line” with the commission’s recommendations, the commission’s recommendations were “part of a package” designed to give the adviser more freedom to investigate. potential violations.
In the past, governments have resisted the move to allow the independent adviser to launch his own investigations into possible ministerial violations, Lord Evans said, given that the presumption of resignation would give them “effective power to dismiss a minister”.
But Mr Johnson’s introduction of a set of sanctions for code breaches – replacing the general expectation of resignation – removed “this constitutional obstacle,” Lord Evans said, rejecting objections to giving the counselor the power to start his own investigations.
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