Committee on Standards in Public Life: Defining the boundaries within the Executive: Ministers, Sp…

R9-3

Published April 2003

Response position and delivery status are recorded separately. Acceptance does not establish implementation.

Recommendation (the Committee's words)
(a) An independent office-holder, called an Adviser on Ministerial Interests, should be established to provide advice to Ministers on compliance with those sections of the Ministerial Code which cover the avoidance of perceived and actual conflicts between their public duties and private interests, formal or otherwise.
(b) The Ministerial Code should be amended to require an incoming Minister to provide the Adviser on Ministerial Interests with a full list in writing of all interests which might be thought to give rise to a conflict and to provide the necessary information in order for the Adviser’s records to be kept up to date.
(c) The Adviser should consult the Minister’s Permanent Secretary about departmental business where necessary to enable the Adviser to ascertain whether a conflict of interest may exist.
(d) The Adviser should be responsible for maintaining a record of ministerial interests and should keep a note of action taken by a Minister on taking up office.
(e) The Adviser should publish information and guidance on how Ministers should deal with conflicts of interest under the Ministerial Code.
(f) The facts of ministerial interests should be published.
(g) Where unforeseen conflicts arise subsequently during the course of a department’s work, the Minister should consult the Adviser over what action might be necessary.
(h) The Adviser should refer any breach or allegation of a breach to the Prime Minister.
(i) The Adviser should be appointed by open competition, chaired by the First Civil Service Commissioner, for a fixed, non-renewable term.
(j) The Adviser should be provided with appropriate resources to achieve his or her task. (page 27)

From: Committee on Standards in Public Life, Defining the boundaries within the Executive: Ministers, Special Advisers and the permanent Civil Service, April 2003