Commons Sense

House of Commons · Ministers' Questions

Independent Adviser on Ministers’ Interests: Remit

Thursday 7 September 2023 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • The Prime Minister's independent adviser on Ministers' interests, Sir Laurie Magnus, operates under established and robust terms of reference to provide impartial advice on matters related to the ministerial code.
  • The role of the independent adviser was strengthened in 2022, giving the adviser the ability to initiate investigations with the presumption of Prime Ministerial approval.
  • The Prime Minister must remain the ultimate authority in certain matters, according to the government's stance.

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Questions & Answers

Context

The question arises from concerns about the effectiveness of the ministerial code in recent years, particularly regarding the independent adviser's ability to initiate investigations without Prime Ministerial approval.

Question

What assessment has been made of the adequacy of the remit of the independent adviser on ministerial interests?

Answer from Oliver Dowden

The Prime Minister's independent adviser on Ministers' interests, Sir Laurie Magnus, works within established and robust terms of reference, to provide impartial advice on matters relating to the ministerial code. The powers and status of the role were strengthened in 2022 and Sir Laurie has said he is very comfortable working within his terms of reference.

Partly answered

Not addressed: The adequacy of the remit was not directly assessed; only general assurances were provided about established terms of reference being robust and updated in 2022.

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Context

Recent years have seen a decline in trust in politics due to breaches of the ministerial code. The Government took two years to respond to the 23rd report by the Committee on Standards in Public Life, failing to accept key recommendations like increasing transparency for the independent adviser.

Question

It is an understatement to observe that the ministerial code has been more honoured in the breach than in the observance during the last few years, and trust in our politics has suffered as a direct result. It has taken the Government two years to respond to the 23rd report of the Committee on Standards in Public Life, and they have failed to accept the most important recommendations in it, including increasing the power and transparency of the work of the independent adviser on Ministers' interests. Why?

Answer from Oliver Dowden

We have already reformed the role of the independent adviser. It is now the case that the independent adviser can initiate investigations with the presumption that the Prime Minister will approve them. That is the appropriate balance, but we have to respect that the Prime Minister must be the ultimate upholder of the ministerial code, because it is an important principle of our parliamentary democracy that the Prime Minister is able to appoint whomever he chooses to ministerial posts.

Partly answered

Not addressed: The specific reasons for not accepting recommendations were not addressed; instead, a general explanation was provided about the current reforms and principles.

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