New Improved Ministerial Code

And is it cabinet or Cabinet?

The Prime Minister took a long time to publish his own Ministerial Code, but the delay seems to have been worthwhile as several useful improvements have been made.

The ever-wonderful folk at the Institute for Government have listed and commented on the main changes here and here. I won't repeat the IfG's analysis here but there are significant changes to the sections on powers of the independent adviser and the acceptance of 'freebies'.

Of more direct interest to civil servants (emphases added):

The code once again (but unlike the immediately previous code) explicitly includes international law when it records ministers' 'overarching duty to comply with the law'.

It also now clarifies that 'the ultimate responsibility for public appointments and thus the selection of those appointed rests with ministers ... Ministers have a duty to ensure that influence over civil service and public appointments is not abused for partisan purposes.'

The number of Spads per department is no longer limited to two - but this rule has not in practice been observed for many years.

The Code reaffirms ministers' ‘duty to give fair consideration and due weight to informed and impartial advice from civil servants’ and repeats that a private secretary or official should be present for all discussions relating to government business.  

There is some welcome new text:

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.

 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.

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.

The Attorney-General has also issued welcome new guidance on how government lawyers should assess legal risk when advising ministers.  The main change is that, even in cases where a challenge is not likely, lawyers are told they must assume that a challenge will be brought and consider what a court would decide.  Joshua Rozenberg:

… lawyers can no longer sign off something dubious on the basis that it’s unlikely to be challenged. ... there is less of a ‘can we get away with it?’ vibe now.

Finally, a note for those (such as myself) who are never sure which words to capitalise: 

The Cabinet Office style guide (as it has been used in this Code) generally avoids capitalising government. So you get 'a government, in government, members of the government, ... would assume that the government was itself ..., government business, departments, ministers, etc.'.

But Government is used in His Majesty's Government and when referring very specifically to the Starmer-led Government.  So ... 'This Government was elected ..., the Government believes'.

The style guide also appears to require the following Capitalisations or non-capitalisations:

• Accounting Officer

• cabinet

• Cabinet Secretary

• civil servants

• Civil Service

• the Government

• minister

• minister of state

• Ministerial Code  &   the Code

• Parliament

• parliamentary private secretary

• permanent secretary

• Prime Minister 

• private secretary

• secretary of state

• Senior Responsible Owner

• special adviser

I would have previously capitalised most, if not all, of the above words  but I guess I will reluctantly have to fall in line.

I have added the latest Code to my extensive online library where you can also see the many previous versions.

Martin Stanley