Independent Adviser on Ministers’ Interests, and
A
bill
to
Make provision about mechanisms for promoting and protecting standards of integrity and ethics in the public service; and for connected purposes.
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In this Act—
Part 2 deals with the following in relation to ministerial standards—
Independent Adviser on Ministers’ Interests, and
Ministerial Code;
Part 3 deals with the following in relation to public appointments—
Public Appointments Commissioner, and
Governance Code on Public Appointments;
Part 4 deals with the following in relation to business appointments—
Committee on Business Appointments, and
Business Appointment Rules;
Part 5 contains general provisions.
There is to be an Independent Adviser on Ministers’ Interests (“the
Independent Adviser”).
Her Majesty may by Order in Council appoint a person as the Independent
Adviser on the recommendation of the Prime Minister.
The Prime Minister must make a recommendation following a selection process
as set out in
subsections (4)
to
(6)
.
A person’s selection as Independent Adviser must be on merit on the basis
of fair and open competition in accordance with the Governance Code on
Public Appointments.
A person’s selection as Independent Adviser must be in accordance with the
process for significant appointments as set out in the Governance Code on
Public Appointments, with a majority of independent members on the
assessment panel and a senior independent panel member.
Where an appropriate committee of the House of Commons as defined in its
Standing Orders has undertaken a pre-appointment hearing, the Prime Minister
must have regard to any report issued by that committee in relation to the
pre-appointment hearing.
A person appointed as Independent Adviser holds office—
for a single non-renewable term of five years from the date of
appointment, and
in accordance with terms and conditions (including as to remuneration
and pension) specified in the instrument of appointment.
The Independent Adviser may resign from office by giving written notice to
the Prime Minister.
The Independent Adviser may be removed from office by Her Majesty in
pursuance of an Address from the House of Commons, pursuant to a report
of the appropriate committee of the House of Commons as defined in its
Standing Orders presented to the House of Commons stating that the
committee is satisfied that one or more of the following grounds is made out
in the case—
the Independent Adviser has failed to discharge the functions of their
office for a continuous period of at least three months;
the Independent Adviser has failed to comply with the terms of their
appointment;
the Independent Adviser has been convicted of a criminal offence;
the Independent Adviser is otherwise unfit to hold their office or
unable to carry out its functions.
The Independent Adviser must investigate any allegation of a breach of the
Ministerial Code referred to the Independent Adviser by the Prime Minister.
The Independent Adviser may investigate any matter relating to an alleged
or possible breach of the Ministerial Code that the Independent Adviser thinks
should be investigated.
Following an investigation the Independent Adviser must produce a report,
including—
any findings of fact that the Independent Adviser has made,
any determination of breaches of the Ministerial Code, and
any recommendations that the Independent Adviser thinks appropriate.
As soon as possible after producing a report, the Independent Adviser must
send it to the Prime Minister.
Within the period of eight weeks beginning with the day on which a report
has been sent to the Prime Minister, the Independent Adviser must—
publish it on the Independent Adviser’s website, and
send it to the Speaker of the House of Commons, who must make the
report available in the library of the House of Commons.
The Independent Adviser must advise on and oversee the production of a
List of Ministers’ Interests.
The List of Ministers’ Interests must include all interests that are held by
Ministers or their close family members, which are additional to those already
disclosed in the Parliamentary Registers of Interests, and which are, or might
reasonably be perceived to be, directly relevant to Ministers’ ministerial
responsibilities.
The Independent Adviser must ensure that the List of Ministers’ Interests is
kept up to date and published online.
The Independent Adviser may do anything calculated to facilitate, or incidental
or conducive to, the carrying out of any of their functions.
The Prime Minister may agree with the Independent Adviser that the
Independent Adviser is to carry out functions in relation to ministerial
standards in addition to those under the other provisions of this Part.
The Independent Adviser is to carry out those additional functions accordingly.
The Minister for the Cabinet Office must pay to the Independent Adviser the
sums determined by the Minister as appropriate for, or in connection with,
the carrying out of the Independent Adviser’s functions.
The Independent Adviser may make arrangements with other persons for
the provision of assistance to the Independent Adviser.
In particular, arrangements may be made with the Minister for the Civil
Service for civil servants to provide assistance.
The Independent Adviser is not to be regarded—
as the servant or agent of the Crown, or
as enjoying any status, immunity or privilege of the Crown.
The Independent Adviser must, as soon as practicable after the end of each
financial year, prepare a report about the carrying out of their functions during
the year.
As soon as practicable after preparing a report under
subsection (1)
, the
Independent Adviser must give a copy of the report to the Prime Minister.
The Independent Adviser must then publish the report on their website.
The Prime Minister must lay a copy of the report before Parliament.
The Prime Minister must publish a code of conduct of ethical standards for
Ministers (“the Ministerial Code”).
The Ministerial Code must, when viewed as a whole, be consistent with the
following principles—
selflessness;
integrity;
objectivity;
accountability;
openness;
honesty;
leadership.
The Ministerial Code must include a range of graduated sanctions that may
be imposed by the Prime Minister as a consequence of breaching the
Ministerial Code.
The Prime Minister must keep the Ministerial Code under review and revise
it from time to time.
In preparing or revising the Ministerial Code, the Prime Minister must consult
the Independent Adviser on Ministers’ Interests.
The Prime Minister must lay the Ministerial Code, and any revisions of the
Ministerial Code, before Parliament.
There is to be a Public Appointments Commissioner (“the Commissioner”).
Her Majesty may by Order in Council appoint a person as the Commissioner
on the recommendation of the Minister for the Cabinet Office.
The Minister for the Cabinet Office must make a recommendation following
a selection process as set out in
subsections (4)
to
(6)
.
A person’s selection as Commissioner must be on merit on the basis of fair
and open competition in accordance with the Governance Code on Public
Appointments.
A person’s selection as Commissioner must be in accordance with the process
for significant appointments as set out in the Governance Code on Public
Appointments, with a majority of independent members on the assessment
panel and a senior independent panel member.
Where an appropriate committee of the House of Commons as defined in its
Standing Orders has undertaken a pre-appointment hearing, the Minister for
the Cabinet Office must have regard to any report issued by that committee
in relation to the pre-appointment hearing.
A person appointed as Commissioner holds office—
for a single non-renewable term of five years from the date of
appointment; and
in accordance with terms and conditions (including as to remuneration
and pension) specified in the instrument of appointment by the
Minister for the Cabinet Office.
The Commissioner may resign from office by giving written notice to the
Minister for the Cabinet Office.
The Commissioner may be removed from office by Her Majesty in pursuance
of an Address from the House of Commons, pursuant to a report of the
appropriate committee of the House of Commons as defined in its Standing
Orders presented to the House of Commons stating that they are satisfied
that one or more of the following grounds is made out—
the Commissioner has failed to discharge the functions of their office
for a continuous period of at least three months;
the Commissioner has failed to comply with the terms of their
appointment;
the Commissioner has been convicted of a criminal offence;
the Commissioner is otherwise unfit to hold their office or unable to
carry out its functions.
The Commissioner must exercise his or her functions under this Act with the
object of ensuring that appointing authorities act in accordance with the
Governance Code, including the principles of public appointments.
The Commissioner must, in the manner the Commissioner thinks fit, carry
out an audit of the procedures and practices followed by appointing authorities
in making public appointments, including the interpretation and application
by them of the Governance Code, including the principles of public
appointments.
The Commissioner may conduct an investigation into any aspect of public
appointments with the object of improving their quality.
The Commissioner may conduct an inquiry into the procedures and practices
followed by an appointing authority in relation to any public appointment
whether in response to a complaint or otherwise.
The Commissioner may require appointing authorities to publish specified
summary information relating to public appointments.
For the purposes of this section, appointing authorities must provide the
Commissioner with any information the Commissioner reasonably requires.
The Commissioner must report the result of an audit, investigation or inquiry
to the Minister for the Cabinet Office.
The Minister for the Cabinet Office may agree that the Commissioner is to
carry out functions in relation to public appointments in addition to those
under the other provisions of this Part.
The Commissioner is to carry out those additional functions accordingly.
The Commissioner may do anything calculated to facilitate, or incidental or
conducive to, the carrying out of any of their functions.
The Minister for the Cabinet Office must pay to the Commissioner the sums
determined by the Minister as appropriate for, or in connection with, the
carrying out of the Commissioner’s functions.
The Commissioner may make arrangements with other persons for the
provision of assistance to the Commissioner.
In particular, arrangements may be made with the Minister for the Civil
Service for civil servants to provide assistance.
The Commissioner is not to be regarded—
as the servant or agent of the Crown, or
as enjoying any status, immunity or privilege of the Crown.
The Commissioner must, as soon as practicable after the end of each financial
year, prepare a report about the carrying out of their functions during the
year.
As soon as practicable after preparing a report under
subsection (1)
, the
Commissioner must give a copy of the report to the Minister for the Cabinet
Office.
The Commissioner must then publish the report on their website.
The Minister for the Cabinet Office must lay a copy of the report before
Parliament.
The Minister for the Cabinet Office must publish the Governance Code on
Public Appointments (“the Governance Code”), which must set out the
Principles of Public Appointments and the process for public appointments
made to bodies listed in the most recent Public Appointments Order in
Council.
The Minister for the Cabinet Office must keep the Governance Code under
review and revise it from time to time.
In preparing or revising the Governance Code, the Minister for the Cabinet
Office must consult the Commissioner.
The Minister for the Cabinet Office must lay any Governance Code before
Parliament.
There is to be a Committee on Business Appointments (“the Committee”).
The Committee is to consist of nine members, comprising—
six independent members appointed under section 27 , and
three members nominated by registered political parties under
section
28
.
One independent member is to be the Chair appointed under section 27 .
Each member of the Committee holds office—
for a single non-renewable term of up to five years from the date of
appointment, and
in accordance with terms and conditions (including as to remuneration
and pension) specified in the instrument of appointment by the
Minister for the Cabinet Office.
The Committee (including its members and employees) is not to be regarded—
as the servant or agent of the Crown, or
as enjoying any status, immunity or privilege of the Crown.
The Committee may regulate its own procedure, including quorum.
The validity of proceedings of the Committee is not affected by—
a vacancy among the members, or
a defect in the appointment of a member.
The Committee may employ staff.
Her Majesty may by Order in Council appoint persons as independent
members of the Committee under
this section
on the recommendation of the
Minister for the Cabinet Office.
The Minister for the Cabinet Office must make a recommendation following
a selection process as set out in
subsections (3)
to
(5)
.
A person’s selection as one of the independent members under
this section
must be on merit on the basis of fair and open competition in accordance
with the Governance Code on Public Appointments.
A person’s selection as Chair of the Committee must be in accordance with
the process for significant appointments as set out in the Governance Code
on Public Appointments, with a majority of independent members on the
assessment panel and a senior independent panel member.
Where an appropriate committee of the House of Commons as defined in its
Standing Orders has undertaken a pre-appointment hearing in relation to the
Chair of the Committee, the Minister for the Cabinet Office must have regard
to any report issued by that committee in relation to the pre-appointment
hearing.
A person appointed as one of the nine members of the Committee holds
office—
for a single non-renewable term of up to five years from the date of
appointment, and
in accordance with terms and conditions (including as to remuneration
and pension) specified in the instrument of appointment by the
Minister for the Cabinet Office.
Her Majesty may by Order in Council appoint persons as nominated members
of the Committee who have been nominated in accordance with this section.
The registered leader of one of the three largest qualifying parties at the time
of nomination may nominate a person to be appointed as a nominated member
of the Committee under this section.
“Qualifying party” means a registered party with two or more Members of
the House of Commons at the time of the person’s appointment.
No appointment may be made that would result in two or more nominated
members being persons nominated by the leader of the same party, and
nothing in this section has effect so as to require that result.
A nominated member may not be appointed as Chair of the Committee.
For the purposes of this section, the relative size of any two or more registered
parties is determined according to the number of Members of the House of
Commons belonging to each party at the time in question (or, in the case of
two parties with the same number of Members, according to the total number
of votes cast for persons standing for election in the name of each of those
parties at the most recent parliamentary general election).
A reference in this section to a Member of the House of Commons does not
include any Member of that House who at the time in question—
has not made and subscribed the oath required by the Parliamentary
Oaths Act 1866 (or the corresponding affirmation), or
is disqualified from sitting and voting in that House.
A member of the Committee may resign from office by giving written notice
to the Minister for the Cabinet Office.
A member of the Committee may be removed from office by Her Majesty in
pursuance of an Address from the House of Commons, pursuant to a report
of the appropriate Committee of the House of Commons as defined in its
Standing Orders presented to the House of Commons stating that they are
satisfied that one or more of the following grounds is made out—
the member has failed to discharge the functions of their office for a
continuous period of at least 3 months;
the member has failed to comply with the terms of their appointment;
the member has been convicted of a criminal offence;
the member is otherwise unfit to hold their office or unable to carry
out its functions.
The Committee must issue written decisions on applications under the Business
Appointment Rules relating to intended appointment or employment after
leaving public office for Ministers, permanent secretaries and civil servants
at grade SCS3 and above and equivalents, including special advisers of
equivalent standing.
The Committee may investigate potential breaches of the Business
Appointment Rules.
The Committee must report the result of an investigation to the Minister for
the Cabinet Office.
The Committee must provide guidance on the Business Appointment Rules
to any potential applicants for a ruling by the Committee.
The Minister for the Cabinet Office may agree that the Committee is to carry
out functions in relation to business appointments in addition to those given
to it under the other provisions of this Part.
The Committee is to carry out those additional functions accordingly.
The Committee may do anything calculated to facilitate, or incidental or
conducive to, the carrying out of any of its functions.
The Committee may delegate functions to—
any of its members, or
any of its employees.
The Minister for the Cabinet Office must pay to the Committee the sums
determined by the Minister as appropriate for, or in connection with, the
carrying out of the Committee’s functions.
The Committee may make arrangements with other persons for the provision
of assistance to the Committee.
In particular, arrangements may be made with the Minister for the Civil
Service for civil servants to provide assistance.
The Committee must, as soon as practicable after the end of each financial
year, prepare a report about the carrying out of its functions during the year.
As soon as practicable after preparing a report under
subsection (1)
, the
Committee must give a copy of the report to the Minister for the Cabinet
Office.
The Committee must then publish the report on its website.
The Minister for the Cabinet Office must lay a copy of the report before
Parliament.
The Minister for the Cabinet Office must publish the Business Appointment
Rules that apply to Ministers, civil servants and special advisers who intend
to take up an appointment or employment after leaving public office.
The Business Appointment Rules must be based on the need to manage and
regulate any potential conflicts of interest of Ministers, special advisers and
civil servants moving into the private sector.
The Minister for the Cabinet Office must keep the Business Appointment
Rules under review and revise them from time to time.
In preparing or revising the Business Appointment Rules, the Minister for
the Cabinet Office must consult the Committee.
The Minister for the Cabinet Office must lay any Business Appointment Rules
before Parliament.
In this Act—
“
independent member of an assessment panel” means an individual who
is independent of the department and body concerned with the
appointment;
“
senior independent panel member” means an individual who is familiar
with senior recruitment, the Principles of Public Appointments and
the Governance Code on Public Appointments, who is independent
of the department and body concerned with the appointment, and
who has not been politically active within the five years before
competition for the post opens;
and for this purpose “politically active” means being employed by a
political party, holding significant office in a political party, standing
as a candidate for a political party in an election, speaking publicly
on behalf of a political party or making significant donations or loans
to a political party. Significant loans and donations are those of a size
which are reported to the Electoral Commission, in line with a central
political party’s reporting threshold.
Sections
40
and
41
and
this section
come into force on the day on which this
Act is passed.
The remaining provisions of this Act come into force at the end of the period
of three months beginning with the day on which it is passed.
This Act extends to England and Wales.
This Act may be cited as the Public Service (Integrity and Ethics) Act 2022.
A
bill
to
Make provision about mechanisms for promoting and protecting standards of integrity and ethics in the public service; and for connected purposes.
Ordered to be Printed, .
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