After Boris Johnson and Rishi Sunak were given notices of fixed penalties for attending a party to break the blockade, there is a lot of talk about the ministerial code and how it could affect their future. But what is it? And what are the implementing powers?
What is the Ministerial Code?
These are the rules and guidelines for how ministers should behave during their work. The latest version, updated in 2019, is 31 pages long. The rules are based on the so-called seven principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. The current name of the code was given to Tony Blair in 1997, having previously been known as procedural matters for ministers. It has existed in this form since World War II, but was only published under the direction of John Major in 1992.
How is it appropriate?
While emphasizing the “comprehensive obligation of ministers to comply with the law”, the most appropriate section is on the first page of the code:
It is of the utmost importance that ministers provide accurate and accurate information to parliament, correcting any unintentional mistakes at the earliest opportunity. Ministers who deliberately deceive parliament will be expected to resign as prime minister.
Opposition parties claim that because both Johnson and Sunak denied in the municipality that they had attended illegal events, they have violated this section and must resign.
So will they resign?
No. At least not yet. The argument of both the men and their supporters is that the deception involves intent and both say that at the time they sincerely believed that the event for which they were fined was an alleged impromptu gathering for Johnson’s birthday on June 19, 2020. in the cabinet, was within the rules. That seems to have convinced enough Conservative MPs to be safe. What can make things difficult is if Johnson is fined for another party he attended, which is also being investigated by police.
Can anyone else check if they broke the code?
Not as such. Sue Gray, a senior government official, has been tasked with writing a report on what happened to the parties – its publication has now been delayed due to a police investigation – but this was commissioned by Johnson. The Ministerial Code is officially overseen by Christopher Guide, Ministerial Adviser. He can only investigate alleged code breaches if requested by Johnson, although the plan is to change that.
Does breaking the code automatically mean resigning?
In theory yes; practically not. The code is very clear, especially with regard to the misleading parliament. And some departures took place. In 2017, Damien Green was fired by Theresa May as first secretary of state after admitting that he lied about having pornographic images on his Commons computer following an investigation by then-cabinet secretary Jeremy Haywood. But three years later, Johnson refused to fire Priti Patel, the interior minister, after an investigation found she had violated the code through harassment. This led Lord Hyde’s predecessor as Ministerial Adviser, Sir Alex Allen, to resign.
Is the situation the same in the United Kingdom?
No. This code is only applicable to Westminster ministers, with the UK’s decentralized governments having their own versions. The Scottish and Welsh codes are based on the Westminster Code and also apply only by convention. The Code of Northern Ireland has a legal basis set out in legislation that creates the government’s system of sharing power.
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