Key Additions and Amendments
Creation of an Independent Adviser on Ministerial
Interests:
Previously the Prime Minister was solely responsible
for considering accusations of breaches of the Code. However,
in 2006 Tony Blair appointed Sir John Bourn as Independent Adviser
on Ministers' Interests, offering confidential advice to Ministers
and information and guidance to the Prime Minister.
Sir John Bourn did not conduct any investigations
during his time in the role and in July 2007 Phillip Mawer was
appointed to the post by Gordon Brown. His remit, outlined briefly
in the 2007 Code, is broader and more transparent than that of
his predecessor:
"If there is an allegation about a breach of
the Code, and the Prime Minister, having consulted the Cabinet
Secretary feels that it warrants further investigation, he will
refer the matter to the independent adviser on Ministers' interests."
(2007 Code, 1.3).
He is also required to publish an Annual Report and
a list of relevant Ministers' Interests.
Annual Statement of Interests
Under the 2007 Code "an annual statement covering
relevant Ministers' interests will be published" (7.5). Ministers
must provide their Permanent Secretary with a list of all interests
that might give rise to a conflict; previously they were only
advised to. If necessary they will also meet with the Independent
Adviser on Ministers' Interests.
Obligation to uphold the recommendations of the
Advisory Committee on Business Appointments
Under the 2005 Code Ministers were required to "seek
advice from the independent Advisory Committee on Business Appointments
about any appointments or employment they wish to take up within
two years of leaving office". This provision has been carried
to the 2007 Code with the addition that Ministers are "expected
to abide by the advice of the Committee" (7.25).
No involvement with constituent complaints to
the PCA about their Department
Ministers are now required to refer complaints to
the Parliamentary Commissioner for Administration from their constituents
to a neighbouring MP when the complaint concerns the Minister's
Department. Previously they could investigate unless the case
involved them directly. (6.10)
Emphasis on obligation to pay council tax on at
least one property
Added to the Ministers' Interests section is a provision
requiring them to "personally pay council tax on at least
one property" in addition to "ensuring all personal
tax liabilities…are properly discharged" (7.10)
Omissions
The 2007 Code has excluded a number of references
to the Queen that included in the 2005 version. For example, failure
to attend Privy Council was described in the 2005 Code as "discourteous
to The Queen" (2005, 6.1) and in some cases required Ministers
"to seek the Queen's permission to leave country" (2005
Code, 10.2b).
Summary of the 2007 Code: Principles,
Additions and Omissions
