Ministerial Code Revision
The Code of Conduct issued to Northern Ireland Ministers in 2007 (contained within the Northern Ireland Ministerial Code 2006) should be revised and brought up to date reflecting the findings of the RHI Inquiry and drawing on relevant best practice standards from ministerial codes of conduct used elsewhere in the UK and indeed from Northern Ireland's earlier Ministerial Code of 2000. This should be a priority for the Northern Ireland Executive. From the experience of this Inquiry, a revised code would among other things: explain how Ministers are expected to fulfil their responsibilities when leading a Department and determining a Department's policies; make clear that Ministers have an active role in questioning and challenging the advice they receive; cross-reference to Ministers' duties under Managing Public Money Northern Ireland; be clear that each Minister is individually responsible for the recruitment, management and discipline of his/her SpAd; clarify expectations about collaboration and joint working between Ministers of different Departments as well as an individual Minister's responsibility to support the Government in Northern Ireland as a whole. Consideration should also include whether recent changes to the Westminster, Scottish Executive and Welsh Government Ministerial Codes of Conduct could be relevant to the Northern Ireland context.
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): Likely to be Implemented (overall). Most sub-parts are Implemented, but sub-recommendation 42(1) on ministerial responsibilities and 42(2) on Ministers actively questioning and challenging advice remain 'not yet implemented'. The current Ministerial Code does not include a requirement for Ministers to take an active role in questioning official advice. Revised guidance is being prepared for First Minister and deputy First Minister approval. Upgraded from 'Unlikely' in the 2022 assessment.
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.
Ministerial Code of Conduct revised with strengthened requirements around conflicts of interest and SpAd management. But NIAO identified further work needed on ministers' duty to challenge advice.
View detailed findings
The revised Ministerial Code strengthens requirements around conflicts of interest (ministers must ensure no conflicts arise), SpAd management and discipline, and publishing declarations of interests. However, NIAO identified RHI-42 as needing further work specifically on the requirement for ministers to take an active role in questioning and challenging advice they receive.