header-logo header-logo

28 January 2022 / John Gould
Issue: 7964 / Categories: Opinion , Constitutional law , Procedure & practice , Profession
printer mail-detail

No Minister

69739
Misbehaviour in public office: John Gould examines the limitations of the Ministerial Code

Whenever a government minister is in trouble for misbehaving—which, let’s face it, is pretty often these days—much reference is made to the Ministerial Code. It is presented as the weight against which the potential sinner will be weighed in the balance and, if found wanting, the writing will be on the wall for their ministerial career. From the way it is presented, one might think that it was right up there with Magna Carta, the Napoleonic Code or the Riot Act made in the first year of the reign of King George. According to the BBC, if a minister breaches the code, they are expected to resign whatever the breach.

Precious principles

While it may be reassuring to think that ministers have to observe a code which operates in the same way as the codes and rules applying to professionals like doctors and lawyers, it is not actually so. In a regulatory sense, the code does not, in fact,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
back-to-top-scroll