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<p>The Ministerial Code sets out the principles and standards of behaviour expected
of all those who serve in Government.</p><p><strong> </strong></p><p><em><strong>Principles</strong></em></p><p><strong>
</strong></p><p>Ministers of the Crown are expected to maintain high standards of
behaviour and to behave in a way that upholds the highest standards of propriety.
Section 1.3 of the Ministerial Code notes the “overarching duty on Ministers to comply
with the law”; Section 1.6 sets out that Ministers are personally responsible for
deciding how to act and conduct themselves in the light of the Code, and for justifying
their actions and conduct to Parliament and the public.</p><p><strong> </strong></p><p>Ministers
only remain in office for so long as they retain the confidence of the Prime Minister.</p><p><strong>
</strong></p><p>The Prime Minister is the ultimate judge of the standards of behaviour
expected of a Minister and the appropriate consequences of a breach of those standards.
In turn, the Prime Minister is accountable to Parliament and the public as leader
of Her Majesty’s Government, including, ultimately, at the ballot box.</p><p><strong>
</strong></p><p>It should be noted that paying a fixed penalty notice is not a criminal
conviction.</p><p><strong> </strong></p><p><em><strong>Past precedent</strong></em></p><p><strong>
</strong></p><p>The noble peer may be aware of previous occasions when reports show
that Ministers were found to have breached the law but remained in Ministerial office.
For example:</p><p><strong> </strong></p><p>In September 2009, the Attorney General
was given a £5,000 civil penalty, for employing an illegal immigrant under a law she
had previously helped introduce as a Home Office Minister. The then Prime Minister
concluded that no further action was necessary, was satisfied that the Minister did
not "knowingly" break the law, and noted her full apology. [1]</p><p><strong>
</strong></p><p>In 2003, the then Solicitor General was banned by the courts from
driving for seven days and fined £400 for speeding; the same Minister (then Leader
of the Commons) was fined £60 and three points for speeding September 2007; and in
January 2010, fined £350 and three points for driving without due care and attention.
[2]</p><p><strong> </strong></p><p>In 2007, a Home Office Minister was fined £100
and given three points for using his mobile phone whilst driving, admitting he was
taking a phone call on government matters. [3]</p><p><strong> </strong></p><p><em><strong>Proportionality
of sanctions</strong></em></p><p><strong> </strong></p><p>Action in response to proven
breaches of the Ministerial Code should be proportionate. In April 2021, the Committee
on Standards in Public Life recommended: “We recommend that the Prime Minister should
retain the right to decide on any sanction following a breach of the Code. The current
expectation that any breach of the Ministerial Code should lead to resignation is
disproportionate. We recommend that there should be a proportionate range of sanctions
where the Code has been breached, and will provide further detail on this matter in
our final report. Resignation should be retained as an available sanction where a
serious breach has occurred.” The Prime Minister accepted this recommendation in April
2021.</p><p><strong> </strong></p><p>The Committee again added in November 2021: "No
other area of public life has such a binary system of sanctions, and in both Parliament
and the Civil Service there are a range of sanctions available according to the seriousness
of the offence. There is no reason why this should not be the case for ministers…
The Ministerial Code should detail a range of sanctions the Prime Minister may issue,
including, but not limited to, apologies, fines and asking for a minister’s resignation."
The Government concurs with this approach.</p><p> </p><p>1) The Guardian, 22 September
2009</p><p>2) The Guardian, 8 January 2010</p><p>3) BBC News, 2 November 2007</p>
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