Select a region
A new and improved Ministerial Code of Conduct has been presented to States Members. What does it say, what is new and has anything changed?
The Ministerial Code is divided into 2 key sections:
- The Code of Practice
Simply put, the Code outlines the standards by which elected members ought to act.
Briefly, the code of conduct section outlines certain ethical and behavioural guidelines that members are obliged to follow and contains guidance as to how a minister is to navigate the various moral and political pitfalls inherent in the job.
Pictured: The code contains guidance as to how a minister is to navigate the various moral and political pitfalls inherent in the job.
The code of practice, by contrast, gives some specific guidance as to how members are obliged to act in the course of their duties. It contains administrative and practical rules, such as conduct specific to the council of ministers and procedures regarding the deciding of policy.
Now, the new Council of Ministers has presented a fresh new Code to States members. This new Code is an update on the last Ministerial Code which was accepted in 2018.
Here is a brief look at what is contained within the new Code:
A common feature of both the new Code and the previous Code is The Seven Principles of Public Life. The Seven Principles are the very first point of the Code of Conduct Section of the Ministerial Code and underpin everything else.
- Selflessness – Decisions are to be made solely in terms of the public interest and NOT for personal financial or material gain
- Integrity – Must not be placed under financial or other obligation to any outside individuals or organizations that might influence them in the performance of their duties.
- Objectivity – Decisions should be made purely on merit.
- Accountability – Holders of public office are accountable for their decisions to the public and must submit themselves to appropriate scrutiny.
- Openness – Be as transparent as possible in the decisions made
- Honesty – Must declare private interests relating to their public duties.
- Leadership – Holders of public office should support and promote these principles by example.
Shoot for the moon, as they say.
The new ministerial code has introduced a new set of values to the list Ministers are required to follow. On top of the Seven Principles, Ministers are required to add the ‘Values of Public Service’ to their rapidly expanding list of platitudes. These values, written in the form of triumphant declaratives, are:
- We are Respectful
- We are Better Together
- We are Always Improving
- We are Customer Focused
And finally, and most hopefully
- We Deliver
Arguably, all these new values were likely contained under the umbrella of the previous list. However, it is clear that the new Code has placed a much greater obligation on minsters to possess and act according to the right values.
However, as well as new additions to the values ministers are expected to follow, the New Ministerial Code contains two major, concrete updates.
The new Code has offered some additional guidelines for ministers in navigating the tricky waters of conflicts of interest.
As per the last Code, ministers are still encouraged to identify any actual or perceived conflict of interest and are from there to be guided by the “general principle” that they should either dispose of the interest giving rise to the conflict, or take alternative steps to manage the conflict, which can include transferring a ministerial responsibility to another Minister or Assistant Minister.
Moreover, both codes pointed out that, in some cases, it might not be possible to successfully navigate the conflict of interest. As such, if the Chief Minister consents, it might be necessary for that Minister to be relieved.
Pictured: Gifts should be refused unless refusing would cause "undue offence" or "if it can be appropriately displayed in a public place".
The new Code however, perhaps eager to ease any Minister’s worst nightmares, offers some nuance to this. Specifically, it states that the extent of the conflict, whether the conflict is a conflict generally held by many people and how direct or substantial it is to the interests of the Minister, should all be considered before taking this hasty step. As such, the new code has added the option for a little more due consideration before a minster is roundly kicked to the curb.
Furthermore, the Code offers some more detail about specific conflicts of interest that may arise. Firstly, it insists that ministers act separately from their capacity as representatives of a constituency. As such, ministers are urged to avoid any conflict of interest if they must take decisions which impact principally on the district or parish they represent and are expected to arrange their responsibilities accordingly.
Moreover, some more guidelines have been put in place regarding the acceptance of gifts and hospitality. Specifically, gifts should be refused unless refusing would cause undue offense or if it can be appropriately displayed in a public place. As for hospitality, any perceived benefits from hospitality or travel that might create an obligation or impinge on the impartiality of decision-making should be refused. More detail on this is included in the Code of Practice side of the Code which ominously states that ministers have a duty to safeguard scarce public resources, should be prepared to justify any arrangements for travel in public and that expenses may periodically be publicised.
Clearly, conflicts of interest are not to be tolerated under the new Code.
The other major new update to the Code concerns safeguarding, something that was, perhaps somewhat surprisingly, completely left out of the previous Code.
As a necessary part of their job description, Ministers are expected to interact with the public. People are people and of course there are risks to both sides. Thus, certain measures are outlined to mitigate these risks.
As a result, the new report outlines that Ministers ought to be accompanied by officers wherever possible and, where practical, meet in a formal environment to manage any safeguarding risks. On the other side of the fence, Ministers should undergo a criminal record check upon appointment to a level consistent with professional guidelines.
That the last point has only just been included in the Ministerial code is perhaps somewhat shocking and so it is obviously a welcome addition.
Lastly, the Code also gives some updates on administrative matters. There are a few interesting changes here.
Firstly, there is a subtle amendment to the prioritising assembly business section. The previous code was adamant that the Minister’s first priority was to the assembly, with no stipulations. When the Assembly meets, they had to be in the States Chamber no matter what. Now, the code adds a slight caveat to this stating – “It is nonetheless recognised that holding a ministerial portfolio is demanding, and that Ministers will need to be absent on occasion from parliamentary business due to their ministerial responsibilities.” Therefore, ministers have an out should they be called away on Ministerial business. As such, it no longer really remains a minister’s first priority, it is to be shelved if something more important comes along.
Secondly, in the membership of council of ministers section, an interesting new amendment has been introduced. Specifically, there is a new clause which states - “Six Ministers, including their Assistant Minister in their absence, shall comprise a quorum of the Council of Ministers.” A Quorum, as defined, is the minimum number of members of a deliberative assembly necessary to conduct the business of the group. A such, it seems that the Council of Ministers can now meet and make decisions on occasions where only 6 of the 9 ministers are available. A small change, but its consequences might be significant.
Pictured: The Ministerial Code now includes more modern reference to social media.
Finally, in the announcement section of the report, there has been an amendment that brings the Government a little closer to the modern world. Specifically, it stipulates that “all Ministerial announcements, including social media posts, should be approved, via their Private Secretaries, by the responsible Minster or Assistant Minister.” Social Media has for the first-time featured in the Ministerial Code. Given that the last Code was only updated 2018, it seems remarkable that this is the first time this has been added. It is good to see the Government moving so swiftly with the times.
Comments
Comments on this story express the views of the commentator only, not Bailiwick Publishing. We are unable to guarantee the accuracy of any of those comments.