Government ministers will no longer be expected automatically to resign or be sacked if they breach their code of conduct, under changes announced by Boris Johnson.
An update to the code published today states that it is “disproporationate” to expect heads to roll for every breach of the code no matter how minor, and says ministers could instead be punished by “some form of public apology, remedial action or removal of ministerial salary for a period”.
And a foreword to the code, penned by the prime minister, removed previous references to the principles of “integrity, objectivity, accountability, transparency, honesty and leadership” which should guide ministers’ conduct.
Instead, the PM said ministers’ duty was to be “innovating, challenging assumptions and striving always to mobilise the power of the state for the benefit of the public”.
A review of the terms of reference of Mr Johnson’s independent ethical adviser gives Christopher Geidt new powers to initiate an investigation, and to make it public if an intended inquiry is blocked by the PM.
The review was demanded by Lord Geidt in the wake of the row of the refurbishment of Mr Johnson’s flat at 11 Downing Street. The decision to release the long-delayed outcome on a Friday afternoon during parliamentary recess was viewed by many at Westminster as a bid to avoid scrutiny.
It comes ahead of an inquiry by the House of Commons privileges committee into whether Mr Johnson lied to parliament over parties at 10 Downing Street, raising the prospect that a guilty verdict from the cross-party panel would no longer be seen as a resigning matter under the new code.
Labour deputy leader Angela Rayner accused Mr Johnson of “downgrading and debasing the principles of public life before our very eyes”.
“In a week when Boris Johnson’s lies to parliament about industrial rule-breaking at the heart of government were finally exposed, he should be tendering his resignation but is instead watering down the rules to save his own skin,” said Ms Rayner.
“Once again, Boris Johnson has demonstrated he is not serious about his pledge to address the scandal and sleaze engulfing his government or the frequent and flagrant breaches of standards and rule-breaking that have taken place on his watch.”
And Liberal Democrat chief whip Wendy Chamberlain said: “This is an appalling attempt by Boris Johnson to rig the rules to get himself off the hook.
“It seems the Conservatives have learnt nothing from the Owen Paterson scandal.
“The prime minister shouldn’t be allowed to decide on his own punishment – with zero accountability. This is making him judge and jury in his own case.
“If the privileges committee finds Boris Johnson lied to parliament, surely Conservative MPs will have no choice but to sack him.”
Since its introduction by John Major in 1992 and its formalisation by Tony Blair in 1997, it has always been a principle of the code of conduct that ministers found to have transgressed will be expected to resign or be dismissed.
Until this year, the ethical adviser could only launch an investigation if ordered to by the prime minister, but following the “Wallpapergate” controversy over the Downing Street flat, Lord Geidt won the right to propose an inquiry.
The new changes go further, allowing him to initiate an investigation of an alleged breach of the code. But the adviser is still required to consult the PM, who the code states “will normally give his consent”.
It adds: “Where there are public interest reasons for doing so, the prime minister may raise concerns about a proposed investigation such that the independent adviser does not proceed.
“In such an event, the independent adviser may still require that the reasons for an investigation not proceeding be made public unless this would undermine the grounds that have led to the investigation not proceeding. “