Keir Starmer has published a revised version of the ministerial code that urges senior politicians to remember that they share a "common duty of public service" with their civil servants and urges them to "demand and welcome candid advice".
The rewording has been interpreted by think tank the Institute for Government as a recognition of the deterioration of relations between ministers and civil servants in recent years, and an attempt on the part of the prime minister to "signal a fresh approach".
A separate update of the code of conduct for special advisers, also published yesterday, seems to signal that Starmer's new approach towards partnership working in government includes spads. It explicitly requires them to “treat all whom they meet with consideration and respect".
For many, the ministerial code update's most significant change will be bolstered powers for the prime minister's independent adviser on ministers' interests – now to be renamed the independent adviser on ministerial standards.
Under the change the adviser, currently Sir Laurie Magnus, will be empowered to launch misconduct investigations into ministers without the PM's approval – a Labour Party general election manifesto pledge.
Elsewhere, the ministerial code rejig tightens rules for ministerial declarations of hospitality and gifts, requiring publication on a monthly basis rather than a quarterly basis. The change brings requirements for ministers closer to those for rank-and-file MPs.
In an apparent reference to this summer's rash of hospitality stories about government ministers, the updated code stresses that "ministers have a responsibility to represent the government, engage with stakeholders and support relevant sectors of the UK economy".
It adds: "These responsibilities will require ministers to attend functions and events in a ministerial capacity, including those where hospitality may be offered."
Cap on spad numbers is removed
Another change in the November 2024 version of the ministerial code removes previous restrictions on the number of spads in government. Under the old rules, cabinet members were limited to two aides each.
The IfG noted that the rule had "not been observed for many years" and that having more spads would probably be helpful to ministers. However the think tank cautioned that no limit "could mean huge teams that separate ministers from their departments".
The revised code also seeks to clamp down on the use of WhatsApp and other non-official communication channels among ministers.
"In general, it is expected that ministers and civil servants should use government systems for all government business," it says. "Any use of non-corporate communication channels for government business engages ministers’ obligations to keep accurate public records. Ministers in this position must follow the government guidance."
The IfG said that including reference to non-official communication channels in the code strengthened existing rules.
Additionally, the new code also puts extra emphasis on "candour and openness", stating that it is a requirement of ministerial office.
"Ministers should demand and welcome candid advice," it says. "They should be as open as possible with parliament and the public, refusing to provide information only when disclosure would not be in the public interest which should be decided in accordance with the relevant statutes and the Freedom of Information Act 2000. Ministers should be open and candid with public inquiries."
The IfG said the increased emphasis was in line with the government’s intention to impose a statutory duty of candour on public servants – while the reference to inquiries reflected the significance of investigations like those into the Grenfell Tower disaster and the infected blood scandal.
IfG programme director Tim Durrant said the new ministerial code contained several important changes in comparison with Rishi Sunak's 2022 version, and chimed with the desire to "restore politics to public service" that Starmer expressed in his introduction.
"Starmer’s new document addresses some of the major shortcomings of his predecessors’ codes," Durrant said. "It makes a clearer division between ministers’ conduct, their interests, and the procedures of government, which will help make it easier for ministers and the public to understand and uphold the rules.
"The prime minister’s independent adviser on ministerial interests – renamed the adviser on ‘ministerial standards’, to reflect what the role actually entails – now has the power to initiate their own investigations into breaches of the code, something the Institute for Government and other organisations have long called for."
Durrant also noted that the new version of the code reinserted an explicit requirement on ministers to abide by international law – which David Cameron removed after the 2015 general election. It also puts the Seven Principles of Public Life – also known as the Nolan principles – back into the main body of the document after Boris Johnson relegated them to an annex.
Doug Chalmers, who chairs the Committee on Standards in Public Life, applauded the ministerial code update.
"We welcome the prominence given to the Nolan principles in the code," he said. "Those principles, which have stood the test of time, reflect what is expected of all those serving the public – whether elected or appointed.
"We’re also pleased that the new code strengthens the independence of the independent adviser on ministerial standards, giving them the power to initiate investigations. This was recommended in the committee’s 2021 report, Upholding Standards in Public Life."