Special Adviser Role Clarity
(i) Under existing arrangements, Northern Ireland Ministers should be responsible for their Special Advisers. (ii) New or returning Ministers should be invited to convey to the relevant Permanent Secretary, and make transparent to the Department, how the Minister expects his or her Special Adviser to fulfil their role in relation to considering submissions and associated background documents. (iii) There should be clarity with regard to the Minister's and the Special Adviser's respective roles in terms of reading, advising and commenting upon submissions, technical reports and other documentation advanced as a basis for ministerial decisions. (iv) The advisory role of the Special Adviser in relation to ministerial decision-making, including the sequencing of consideration by the Special Adviser and the Minister, should be clearly set out for officials to understand. (v) This should include provision for exceptional circumstances in which, and the means by which, the usual procedures may need to be adapted, for example in cases of particular urgency or when a Minister is abroad on official business or on leave.
How was this assessed?
Response
Accepted
Response
Accepted[Note: The NI Executive responded to recommendations 5-7, 25, 37, 39-43 together as a group under the 'Ministers and Special Advisers' theme.] NI Executive Response (October 2021): These recommendations can be accepted in full, with the exception of the consideration of an independent mechanism to assess special advisers' compliance with the Code of Conduct. They have been addressed through work to date, including: revisions to the Ministerial Code of Conduct, Code of Conduct for Special Advisers and NICS Code of Ethics, and the introduction of new Guidance for Ministers; the publication of new enforcement arrangements for ministerial standards of behaviour; agreement on the development of a multi-year outcomes-focussed Programme for Government, aligned with the Budget, including stakeholder engagement and consultation; departmental induction and briefing for Ministers on the return of the Executive, and Executive away-days; the strengthening of Private Offices including the higher grading of the Private Secretary and Assistant Private Secretary roles; identification of the team where matters of policy in respect of Special Advisers are to be dealt with. Further work is required to: deliver induction programmes for Ministers and for special advisers; arrange for publication of relevant interests of civil servants.
Progress Timeline
NIAO Second Progress Report (October 2024): Implemented. All three sub-parts assessed as Implemented. Ministerial responsibility for Special Advisers established in revised Code of Conduct (January 2020) and Functioning of Government Act 2021. Special Adviser role clarity set out in Private Office guidance.
Published Evidence
Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.
Functioning of Government (Miscellaneous Provisions) Act (NI) 2021 puts SpAd accountability into statute. SpAd Code of Conduct revised. Salaries capped at £85k.
View detailed findings
The Functioning of Government Act 2021 makes SpAds subject to the same disciplinary procedure as NICS employees. Ministers are explicitly responsible and accountable for the conduct of their SpAds. A revised SpAd Code of Conduct was published in January 2020. SpAd salaries capped at £85,000. However, critics including TUV leader Jim Allister note the code lacks an independent enforcement mechanism and has no justiciability in the courts.