RHI-41

Special Adviser Code of Conduct Revision

RHI Inquiry · The Report of the Independent Public Inquiry into the Non-Domestic Renewable Heat Incentive (RHI) Scheme · Issued 13 March 2020 · Addressed to: Northern Ireland Executive

Government responseNorthern Ireland Executive: Accepted (Oct 2021)

DeliveryNo statement from Northern Ireland Executive found

Recommendation, verbatim from the inquiry

●Inquiry recommendation

The Special Adviser Code of Conduct should be revised. How these changes are achieved will need to be a matter for the political representatives concerned in the construction of a system in which the public can have confidence. The Inquiry’s findings suggest the following ought to be considered for inclusion in a revised code:

the accountability of a SpAd to his/her appointing Minister and clarity as to the responsibilities of each;
clarity about the working relationship between SpAds based in Departments and SpAds in the Executive Office;
responsibilities of SpAds to the Executive as a whole;
with whom and how SpAds should register their interests;
how SpAds should act when conflicts of interests arise, cross-referencing to departmental requirements on how such conflicts should be identified, reported and managed;
SpAds’ duty of confidentiality, cross-referencing to their employment terms under the Civil Service code;
expectations and rules for SpAds when handling and emailing official information;
guidance about use of personal email addresses and personal mobiles for official business;
protocol for handling disputes between a Minister and a SpAd;
clarity on the routes for handling grievances and disciplinary matters;
guidance on dealing with party political matters, and on interacting with party officials; and
the need for an office to be responsible for periodic updating of the SpAd Code of Conduct.

Any revised SpAd code should be published. In the meantime, should SpAds come to be appointed before a revised code takes effect, the Inquiry recommends that there should be robust compliance with both the letter and spirit of the Civil Service (Special Advisers) Act (Northern Ireland) 2013 and the codes emanating therefrom approved by the Assembly.

RHI Inquiry, The Report of the Independent Public Inquiry into the Non-Domestic Renewable Heat Incentive (RHI) Scheme · 13 Mar 2020 Source PDF →

Published evidence summary

AI-generated evidence summary

The Inquiry recommended revising and publishing the Code of Conduct for Special Advisers. In October 2021, the Northern Ireland Executive accepted the recommendation, with an exception regarding an independent compliance mechanism, stating that it had revised the Code of Conduct for Special Advisers and identified a team to handle special adviser policy, though further work was required to deliver induction programmes and publish civil servants' interests (Northern Ireland Executive response, Oct 2021). In October 2024, the Northern Ireland Audit Office found that the recommendation was implemented (Northern Ireland Audit Office, Oct 2024).

AI-generated summary of the record on this page, checked by a second model and automatic checks, 12 Oct 2026.

Government response

●Northern Ireland Executive · Accepted · 7 Oct 2021

Words of: Northern Ireland Executive, Executive Response to the RHI Inquiry Report Recommendations and Action Plan, Annex A, 7 October 2021

These recommendations can be accepted in full, with the exception of the consideration of an independent mechanism to assess special advisers’ compliance with the Code of Conduct.

They have been addressed through work to date, including:
• revisions to the Ministerial Code of Conduct, Code of Conduct for Special Advisers and NICS Code of Ethics, and the introduction of new Guidance for Ministers;
• the publication of new enforcement arrangements for ministerial standards of behaviour;
• agreement on the development of a multi-year outcomes-focussed Programme for Government, aligned with the Budget, including stakeholder engagement and consultation;
• departmental induction and briefing for Ministers on the return of the Executive, and Executive away-days;
• the strengthening of Private Offices including the higher grading of the Private Secretary and Assistant Private Secretary roles;
• identification of the team where matters of policy in respect of Special Advisers are to be dealt with.

Further work is required to:
• deliver induction programmes for Ministers and for special advisers;
• arrange for publication of relevant interests of civil servants.

Response document: Executive Response to the RHI Inquiry Report Recommendations and Action Plan: Annex A Summary of Recommendations and Response

Site note: These are the Northern Ireland Executive's words from Annex A, "Summary of Recommendations and Response", published on this page with the Executive Response to the RHI Inquiry Report Recommendations and Action Plan on 7 October 2021, the day the Executive agreed it. The Department of Finance publishes the response, but it is the Executive's, so the site records it under the Executive. The annex is a PDF that the publisher asks automated readers not to fetch, so the site cites the page that links it.

Site note: Annex A gives this passage once, for the recommendations under its heading "MINISTERS AND SPECIAL ADVISERS": recommendations 5, 6, 7, 25, 37, 39, 40, 41, 42 and 43. It is the Executive's response to the group, not to this recommendation alone.

Delivery

No statement on delivery from Northern Ireland Executive has been found in the sources searched. This is separate from the response above.

What other bodies have found

In their own words. These do not change the delivery statement above.

●NI Audit Office · 15 Oct 2024

Implemented.

From: Northern Ireland Non-Domestic RHI Scheme: Progressing implementation of the Public Inquiry recommendations - 2nd Report (Appendix 4)

Site note: This is the Northern Ireland Audit Office's assessment, from Appendix 4 of its second report on the Inquiry's recommendations (15 October 2024), the column "2024 NIAO Assessment". The Audit Office monitors implementation at the Inquiry's request; its assessment is shown beside the Executive's own account and does not set the recommendation's status.

How this page is built

The recommendation and the government responses are verbatim from primary documents. Delivery statements and other bodies' findings are shown in their own words, each with its source. The summary is written by this site and labelled as such. The Index does not paraphrase sources or characterise intent; it records what has been published.