PUBLICATION
38. Whatever the structure and presentation of the
Code, we believe that its status and importance requires a formal
basis for its publication. At present there is no requirement
for the Ministerial Code to be published: only convention dictates
that it is issued by each new administration. Furthermore, its
contents may be added to or amended during the lifetime of a Government
without such changes having to be published or consulted upon.
If, as John Major and Lord Butler agreed, it would be unwise for
a Prime Minister to seek to dispense with the Code, then it is
appropriate that it should be published on a formal basis. We
therefore recommend that the proposed Ministerial Code is presented
to Parliament within three months of a new administration taking
office. Although the Code contains issues of prime importance
for Parliament, no debate on its contents is held in the House
and there is no public or parliamentary consultation on its contents
prior to publication. As we argue above, this is unsatisfactory
with respect to its provisions on the responsibilities of Ministers
to Parliament. We therefore recommend that a debate be held
on the Ministerial Code immediately following its publication,
prior to the approval process we recommend above, that any subsequent
revisions to it are also published, and that any revisions relating
to parliamentary accountability should be considered and approved
by Parliament.
CONCLUSION
39. In our view the Ministerial Code has an important
contribution to make to good Government. It is not merely an arcane
subject of esoteric interest. Rules of conduct for Ministers,
and their responsibilities to Parliament, are fundamental to sound
public administration and effective accountability. Indeed, the
Prime Minister's personal foreword to the Code endorses this view.
Beginning as private guidance to Ministers on assorted matters,
the Code has now become a public document of constitutional significance.
40. This is why it deserves attention. It is time
to give it more shape and coherence. This is what our recommendations
are designed to achieve. Its status should be properly recognised.
Its Prime Ministerial ownership should be clearly acknowledged
and tied to responsibility. The lines of accountability should
be strengthened. There should be proper investigation of alleged
breaches. Its key elements should be clearly identified, and endorsed
by Parliament. Its publication should be put on a formal footing.
The Government has put in hand important constitutional changes,
with positive implications for enhanced accountability. The Ministerial
Code, improved in the way we suggest, has a significant contribution
to make to this process.
11 HC Deb 13 July 2000 col 1098 Back
12 HC
(821-i) 1999-2000 Q 57 Back
13 Ibid
Q 57 Back
14 HC(
821-i) 1999-2000 Q 2 Back
15 Ibid
Q 3 Back
16 Ibid
Q 2 Back
17 HC
Deb 25 October 1994 col 758 Back
18 HC
313-I (Session 1995-96) recommendations 7 & 8 Back
19 HC
(238-iii) 1999-2000 Q233 Back
20 First
Report of The Committee on Standards in Public Life Cm 2850-I
para 15 Back
21 HC
(821-ii) 1999-2000 Q 93 Back
22 Ibid
Q 73 Back
23 Ibid
Q 71 Back
24 Ibid
Q 74 Back
25 Prime
Ministers and the Rule Book: Amy Baker 2000 p vii Back
26 Sixth
Report of the Committee on Standards in Public Life Cm 4557-II
para 3794 Back
27 HC
(821-i) 1999-2000 Q 5 Back
28 HC
(821-ii) 1999-2000 Q 74 Back
29 HC
(821-i) 1999-2000 Q 5 Back
30 Ibid
Q 7 Back
31 HC
(821-ii) 1999-2000 Q 75 Back
32 Ibid
Q 77 Back
33 Ibid
Q 89 Back
34 Op
cit preface, viii Back
35 Cm
2850-I p 14 Back
36 HC
(821-i) 1999-2000 Q 48 Back
37 Cm
2850-I p 49 Back
38 The
Government's Response to the First Report of the Committee on
Standards in Public Life Cm 2931 p 3 Back
39 Cm
4557-I para 4.77 Back
40 Cm
4557-I recommendation 13 Back
41 The
Government's Response to the Sixth Report of the Committee on
Standards in Public Life Cm 4817 p 6 Back
42 HC
Deb 24 January 2001 col 918 Back
43 HC
(821-i) 1999-2000 Q 8 Back
44 Ibid
Q8 Back
45 HC
(821-ii) 1999-2000 Q 76 Back
46 Ibid
Q 76 Back
47 HC
Deb 4 April 2000 cols 918-21 Back
48 HC
(238-iv) 1999-2000 Q 250 Back
49 HC
(821-i) 1999-2000 Q 6 Back
50 HC
(821-i) 1999 2000 Q 44 Back
51 Cm
4557-II paras 3790-91 Back
52 HC
(313-I) 1995-1996 para 52 Back
53 HC
(238-iv) 1999-2000 Q 253 Back
54 HC
(821-i) 1999-2000 Q 33 Back
55 Cm
4817 p 6 Back
56 HC
(238-iv) 1999-2000 Q 256 Back
57 HC
(821-ii) 1999-2000 Q 77 Back
58 HC
(821-i) 1999-2000 Q 28 Back
59 Cm
4557-I para 7.32 Back
60 Ibid
recommendation 27 Back
61 Cm
4817 p 12 Back
62 Op
Cit Baker p 146 Back
63 The
Ministerial Code, 1997 para 27 Back
64 HC
(821-i) 1999-2000 Q 26 Back
65 HC
(821-ii) 1999-2000 Q 84 Back
66 Ibid
Q 84 Back
67 Ibid
Q 84 Back
68 Ibid
Q 88 Back
69 Cm
4557-I recommendation 12 p 53 Back
70 HC
(238-iv) 1999-2000 Q 254 Back
71 HC
(821-i) 1999-2000 Q 40 Back
72 Cm
4817 p 6 Back
73 Cm
4557-II para 424 p 44 Back
74 HC
(821-ii) 1999-2000 Q 83 Back
75 Ibid
Q 83 Back
76 HC
(238-iv) 1999-2000 Q 255 Back
77 HC
(821-i) 1999-2000 Q 27 Back
78 Cm
4557-II para 2829 p 268 Back
79 HC
(62-i) 2000-2001 Q 11 Back
80 Ibid
Q 12 Back
81 Ibid
Q 15 Back
82 HC
(87-I) 1995-1996 paras 171-174 Back
83 HC
(313-I) 1995-1996 recommendation 26 Back
84 Cm
4557-I para 4.79 Back
85 Ibid
para 4.80 p 55 Back
86 Cm
4817 p 6 Back
87 HC
(821-ii) 1999-2000 Q 90 Back
88 Ibid
Q 90 Back
89 HC
(821-i) 1999-2000 Q 53 Back
90 HC
(821-ii) 1999-2000 Q 103 Back
91 Ibid
Q 77 Back
92 Ibid
Q 89 Back
93 Ibid
Q 89 Back
94 Cm
2850-I p 3 Back
95 Northern
Ireland Act, 1998 c.47 Schedule 4 Back
96 Cm
2850-I p 49 Back
97 Cm
4557-I recommendation 14 Back
98 Cm
4817 p 8 Back
99 HC
(821-ii) 1999-2000 Q 77 Back