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

NLJ Career Profile: Nick Vernon, Walkers Bermuda

NLJ Career Profile: Nick Vernon, Walkers Bermuda

Nick Vernon of Walkers on swapping Birmingham for Bermuda and building an employment practice by the sea

Bird & Bird—Christian Bartsch

Bird & Bird—Christian Bartsch

Global firm re-elects CEO for second term

Fletchers Group—Miriam Hall

Fletchers Group—Miriam Hall

Business appoints managing director of operational excellence

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll