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28 January 2022 / John Gould
Issue: 7964 / Categories: Opinion , Constitutional law , Procedure & practice , Profession
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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, contain many rules at all.

Ministers of the Crown

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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