Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 8
8
Accepted
Those who seek only to comply with the Rules sensu stricto and do not apply...
Conclusion
Those who seek only to comply with the Rules sensu stricto and do not apply their own “smell test” when considering future opportunities will continue to risk significant personal reputational damage. (Paragraph 39) Appointments
Government Response Summary
The government states that the Independent Adviser can now initiate inquiries, with Prime Minister consent required only in limited cases, and that the next Independent Adviser is expected to retain these powers, which effectively addresses the recommendation by describing current procedures.
Government Response
Accepted
HM Government
Accepted
We welcome that the Terms of Reference for the Independent Adviser now effectively include the authority to initiate inquiries. We would expect the requirement that Prime Ministers’ consent be given beforehand to be used in extremely limited cases, such as where matters of national security or legal privilege are involved. Further to our recommendation above, we expect the next Independent Adviser to retain this power in the Terms of Reference applicable to their appointment. Public Administration and Constitutional Affairs Committee, Paragraph 81 (part 2) We expect the new Independent Adviser to retain the greater powers and that they will complete any legacy inquiries they inherit. In line with the latest Terms of Reference and Ministerial Code, the Independent Adviser may now initiate an investigation having consulted the Prime Minister. While the Prime Minister could choose not to consent to an investigation as part of that consultation, the Government is clear that consent would only be withheld in exceptional circumstances, where the Prime Minister considers there are public interest reasons for doing so. The Independent Adviser is further able to require that the reasons for an investigation not proceeding be made public (unless the reasons for the investigation not proceeding necessitate continued confidentiality). These transparency obligations provide further reassurance that consent would only be withheld in exceptional circumstances. 7.7 The Determination of Breaches of the Ministerial Code Committee on Standards in Public Life,