Civil Service Statutory Duty of Candour

UK Goverment

The actions of Civil Servants and Ministers uncovered within the report are extremely concerning and do not reflect the values we expect those who serve the public to uphold. The Government accepts that in light of the facts uncovered by the IBI and other public inquiries that a statutory duty of candour should be introduced.

The Prime Minister has committed to legislation on a Duty of Candour being delivered by this Government. He confirmed that the duty will apply to public authorities and public servants and will include criminal sanctions. The Government is consulting widely on this issue, and is working to draft the best version of a Hillsborough Law ahead of its introduction to Parliament. The Bill will address the unacceptable defensive culture prevalent across too much of the public sector - highlighted by recent reports such as Bishop James Jones’s report into the experiences of the Hillsborough families and that of this Inquiry. The Bill is part of our wider efforts to create a politics of public service.

The Prime Minister issued a Ministerial Code on 6 November which emphasised that ministerial office requires openness and candour, and that ministers should both demand and welcome candid advice.

Welsh Government

The First Minister is reviewing the Ministerial Code and will bear this recommendation in mind as part of this process.

Scottish Government

In Scotland, the First Minister published a revised Scottish Ministerial Code on 17 December 2024, significantly strengthening transparency, accountability and independent scrutiny. Investigations into alleged breaches of the Code will no longer happen only at the instruction of the First Minster; Independent Advisers will be able to launch their own investigations whenever they feel it is warranted. Where there has been a breach, they will be able to advise the First Minister on appropriate sanctions. These changes are the most significant made to the Code since Independent Advisers were introduced in 2008 and will ensure that the highest standards of integrity, accountability and honesty are adhered to at every level of leadership.

Northern Ireland Executive

The Northern Ireland Civil Service (NICS) is a devolved matter, and each civil servant is expected to undertake their duties under the core values of the NICS Code of Ethics. This Code is issued by the Department of Finance and is regularly reviewed.

All Northern Ireland Executive Ministers must affirm a statutory Pledge of Office before taking office. This includes a pledge to comply with the Ministerial Code of Conduct, which requires Ministers to maintain the highest standards of conduct and behave in a way that upholds the highest standards of propriety, and to uphold the seven principles of public life. The Pledge of Office and the associated Ministerial Code of Conduct are set out in Schedule 4 to the Northern Ireland Act 1998 (“the 1998 Act”).

The Assembly Commissioner for Standards can examine alleged breaches of the Ministerial Code of Conduct.

In addition, the Northern Ireland Ministerial Code sets out the rules and procedures for the exercise of the duties and responsibilities of Ministers and junior Ministers of the Northern Ireland Assembly. By virtue of section 28A of the 1998 Act, Northern Ireland Executive Ministers are under a statutory obligation to act in accordance with the Ministerial Code, which also includes within its provisions the Pledge of Office and Ministerial Code of Conduct as referenced above.

The Northern Ireland Executive accepts Recommendation 5 in principle. Work is ongoing under the leadership of the Department of Finance to determine a position in relation to a Hillsborough Law, which will inform how best to implement Recommendation 5 in that context going forward. The NI Executive agreed that the UK Government’s Bill should extend to NI, subject to an assessment of risk prior to the legislative consent motion.