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UK Opposition Accuses PM Johnson of “Watering Down” Code of Conduct After Sue Gray Report

PM Johnson introduced changes to the ministerial code of conduct that give him the final call on punishments imposed on MPs who violate the rules.

May 30, 2022
UK Opposition Accuses PM Johnson of “Watering Down” Code of Conduct After Sue Gray Report
Labour MP Angela Rayner alleged that PM Johnson has diluted the code of conduct to “save his own skin.”
IMAGE SOURCE: SKY NEWS

Labour Party leader and Shadow First Secretary of State Angela Rayner slammed British Prime Minister (PM) Boris Johnson for “trampling all over the principles in public life” after he amended the ministerial code of conduct to protect members of parliament (MPs) over serious breaches of conduct in light of the Partygate scandal.

Rayner said the PM had “watered down” the code to “save his own skin,” asserting that all breaches “must result in resignation.” 

She added, “This prime minister simply cannot be trusted to uphold standards in government while his conduct sinks further into the gutter and he gives the green light to corruption.

Similarly, chair of the parliamentary Committee on Standards Chris Bryant called the amended ministerial code a “disgrace” and “appalling.”

The document in question says that ministers that “knowingly mislead Parliament will be expected to offer their resignation to the [PM].” On Friday, however, Johnson introduced a change that stipulates that “The final decision rests with the Prime Minister.” To this end, if the PM “retains confidence” in the minister that breached the code, they could impose other forms of punishments, including “some form of public apology, remedial action, or removal of ministerial salary for a period.”

While announcing the changes, the UK Government also released a statement saying, “It is disproportionate to expect that any breach, however minor, should lead automatically to resignation or dismissal.” The release also said that the government must acknowledge the “need to avoid incentives for trivial or vexatious complaints which may be made for partisan reasons.”

The new code also blocks Christopher Geidt, Johnson’s independent adviser, from launching his own investigation. Instead, it says that if the PM believes that an investigation into a breach is necessary, he can refer the case to the independent ethics chief. Additionally, the PM can also bar the independent adviser from initiating an investigation if there are “public interest reasons.” Moreover, the reason for the investigation not being conducted could also be kept from the public.

A statement by the government clarified that the independent adviser’s role is “advisory” and merely helps the PM make a decision on an issue.

The government underscored that the PM “has sole responsibility for the organisation” of the Cabinet, which includes all decisions on appointments, dismissals, and resignations. Nevertheless, the statement attempted to reassure that the ministers and PM remain accountable to the parliament and the public for their “actions and conduct.”

The Johnson administration also justified its decision to make the changes without involving the House of Commons by saying that the Code is entirely a matter pertaining to the executive and is “wholly separate from the legislature.” In this regard, it argued that the the House of Common’s involvement would not be appropriate, as it would “undermine the constitutional settlement by conflating the executive and legislature” and create an imbalance in the separation of powers.

Despite opposition criticism, however, according to Tim Durrant, an expert at the Institute for Government, MPs have always had an option to opt for a more lenient punishment over breaches of the Ministerial code of conduct. He thus argues that Friday’s changes only explicitly clarified that such options are available.

The changes to the Ministerial Code of Conduct come as Johnson and other Ministers face severe pressure over the Partygate scandal. Last week, senior civil servant Sue Gray released the findings of a 60-page report that looked into 16 events conducted between May 2020 and April 2021 that violated COVID-19 lockdown protocols; the PM attended eight of these events.

Grey found that emails and communication between Johnson’s staff revealed that they planned the gatherings in advance despite some members warning that holding such events would be a bad idea. Apart from Johnson, the report also named several high-profile staff members, including Johnson’s former advisor Dominic Cummings, his Principal Secretary Martin Reynolds, and Cabinet Secretary Simon Case.

However, despite taking “full responsibility” for the multiple parties, Johnson has refused to resign from his post.