Ministers should have to make an annual attestation that they have abided by the ministerial code, Rishi Sunak’s independent standards adviser has said.
Sir Laurie Magnus, a former banker, has been the independent adviser on ministers’ interests since December 2022. He was speaking to the Commons standards committee when he revealed his idea for a “written confirmation of compliance and adherence” to the ministerial code, to be made annually by ministers.
Magnus said the prime minister had agreed with the proposal, and that the idea had been drawn from his background in financial services.
He first outlined his proposal in his annual report published in May as part of a number of changes he is exploring on the ministerial interests process. Another change – publishing updates to the list of ministers’ interests more often than twice a year where appropriate – has already been implemented, with an update being published on Monday.
Magnus’s other proposals include ministers declaring their employment prior to holding office, but the independent adviser faced questions on what steps he is taking to address ministers being offered future employment after their time in office that may cause current conflicts of interest.
The ministerial code includes a requirement to seek advice from the Advisory Committee on Business Appointments (Acoba) for their post-governmental roles. Despite this, ministers – including Boris Johnson – have repeatedly failed to seek Acoba’s advice.
“I have to say that is not something that comes within my remit,” he said. “Other than the recognition that the Acoba compliance is part of the ministerial code.
“What I do think, and I’m not sure how far it moves the dial, is by asking ministers annually to sign up to confirm their adherence to the ministerial code, that at least gives an actual written confirmation of compliance and adherence to clearing prospective appointments with Acoba.”
Magnus added that he hadn’t seen evidence of discussions between ministers and their permanent secretaries about future employment, but he would expect a minister to disclose it and be recused if relevant. “But I think it is just actually poor form to be looking at a job while you’re a minister,” he said.
The standards committee took evidence from Magnus as part of a new inquiry into the wide range of bodies and processes that regulate the conduct of MPs.
While it is not immediately apparent how an annual attestation of compliance with the ministerial code would have addressed the standards issues that have dogged recent premierships, the idea of ministers making public declarations that they will follow the code has previously been suggested.
In July 2021, a report by the Institute for Government proposed that the government publish the letters sent by ministers to the head of the propriety and ethics team in the Cabinet Office, in which they commit to uphold the code.
Alex Thomas, programme director at the IfG, said that the annual attestation, while good practice, was not “fundamentally going to change the dial on standards and ethics”. He added: “Of far more importance will be how the government responds to the committee on standards in public life’s report, which we’re expecting in the next couple of days.”
