What is the Ministerial Code?
These are the rules and guidelines for how ministers should behave during their term of office. The latest version, updated in 2019, is 31 pages. The rules are based on the so-called seven principles of public life: selflessness, integrity, objectivity, responsibility, transparency, honesty and leadership. The code got its current name under Tony Blair in 1997, having previously been known as procedural matters for ministers. It has been in this form since World War II, but was only published by John Major in 1992.
How is it relevant?
Although it emphasizes “the sovereign duty of ministers to comply with the law”, the most relevant section is on the first page of the code: It is of the utmost importance that ministers provide accurate and truthful information to parliament, correcting any unintentional mistakes at the earliest opportunity. Ministers deliberately misleading parliament are expected to submit their resignations to the prime minister. Opposition parties have stated they will not run in the by-elections, but will have to resign.
So will they resign?
No. At least not yet. The argument from both the men and their supporters is that the deception was intentional, and they both say they sincerely believed at the time that the fined event, an alleged makeshift rally for Johnson’s birthday in June 19, 2020 in the cabinet room, was within the rules. This seems to have convinced enough Conservative MPs to be safe. What could make things difficult is if Johnson is fined for another party he attended and which is also being investigated by police.
Can anyone else check if they violated the code?
Not as such. Sue Gray, a senior civil servant, has been tasked with writing a report on what happened to the parties – her publication is now delayed for the police investigation – but this was commissioned by Johnson. The Ministerial Code is formally overseen by Christopher Geidt, Ministerial Adviser. It can only investigate alleged breaches of the code if requested by Johnson, although the plan is to change that.
Does breaking the code automatically mean giving up?
Theoretically, yes. in practice, no. The code is very clear, especially regarding the misleading parliament. And there were some departures. In 2017, Damian Green was fired by Theresa May from the post of first Secretary of State after admitting to lying about pornographic images on the Commons computer following an investigation by then-Prime Minister Jeremy Heywood. However, three years later, Johnson refused to fire Home Secretary Pretty Patel after an investigation revealed that she had violated the code through intimidating behavior. This prompted Lord Geidt’s predecessor as ministerial adviser Sir Alex Allan to resign.
Is the situation the same in the UK?
No. This code only applies to Westminster ministers, with decentralized UK governments having their own versions. The codes of Scotland and Wales are based on the Westminster Code and are also binding only by convention. The Northern Ireland Code has an institutional basis, as defined in the legislation establishing the government system of power-sharing.
