Special Adviser Code of Conduct Revision
The Special Adviser Code of Conduct should be revised. How these changes are achieved will need to be a matter for the political representatives concerned in the construction of a system in which the public can have confidence. The Inquiry's findings suggest the following ought to be considered for inclusion in a revised code: the accountability of a SpAd to his/her appointing Minister and clarity as to the responsibilities of each; clarity about the working relationship between SpAds based in Departments and SpAds in the Executive Office; responsibilities of SpAds to the Executive as a whole; with whom and how SpAds should register their interests; how SpAds should act when conflicts of interests arise; SpAds' duty of confidentiality; expectations and rules for SpAds when handling and emailing official information; guidance about use of personal email addresses and personal mobiles for official business; protocol for handling disputes between a Minister and a SpAd; clarity on the routes for handling grievances and disciplinary matters; guidance on dealing with party political matters, and on interacting with party officials; and the need for an office to be responsible for periodic updating of the SpAd Code of Conduct. Any revised SpAd code should be published.
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 14 sub-parts assessed as Implemented. Special Adviser Code of Conduct revised (January 2020, updated August 2021) covering all areas specified by the Inquiry. NIAO notes the Covid-19 Inquiry raised issues about informal communication channels relevant to sub-recommendation 41(8) on record-keeping.