Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 21
21
Rejected
Paragraph: 95
If the introduction of graduated sanctions to the Ministerial Code is to be effective, it...
Recommendation
If the introduction of graduated sanctions to the Ministerial Code is to be effective, it cannot be used as a means to avoid significant sanction for serious breaches. The Government should outline the range of sanctions and indicative examples of breaches to which they might apply. Without this, the suspicion is that the only determinant of the level of sanction will be political expediency. The reappointment of the Home Secretary sets a dangerous precedent. The leaking of restricted material is worthy of significant sanction under the new graduated sanctions regime introduced in May, including resignation and a significant period out of office. A subsequent change in Prime Minister should not wipe the slate clean and allow for a rehabilitation and a return to ministerial office in a shorter timeframe. To allow this to take place does not inspire confidence in the integrity of government nor offer much incentive to proper conduct in future.
Government Response Summary
The government does not believe the Ministerial Code should set out directly indicative examples of sanctions that should apply to particular breaches, except that resignation is expected for Ministers who knowingly mislead Parliament, as it's for the Prime Minister to determine sanctions on a case-by-case basis.
Paragraph Reference:
95
Government Response
Rejected
HM Government
Rejected
The Prime Minister has introduced graduated sanctions under the Ministerial Code, which now states at paragraph 1.7: Where the Prime Minister retains his confidence in the Minister, available sanctions include requiring some form of public apology, remedial action, or removal of ministerial salary for a period. The Government does not believe that the Code, nor any other document, should set out directly indicative examples of sanctions that should apply to particular breaches, with the exception that resignation is expected for Ministers who knowingly mislead Parliament. It is for the Prime Minister to determine, on the merits of each individual case and the surrounding circumstances, what sanction should apply on a case-by-case basis. The Prime Minister is accountable to Parliament for any decisions made in relation to the Code.