The Ministerial Code and Its Implications: A Case Study Analysis

This essay delves into a case study concerning a breach of the Ministerial Code in the United Kingdom, specifically focusing on allegations against Home Secretary Priti Patel. The essay begins with an introduction to constitutional conventions and the role of the Ministerial Code, which sets standards for government ministers' conduct. The main body examines the inquiry into Ms. Patel, who was accused of bullying behavior within the Home Office, leading to the resignation of a senior civil servant. The essay analyzes the findings of the inquiry, the Prime Minister's response, and the implications of the situation regarding the interpretation and enforcement of the Ministerial Code. It highlights the importance of ministerial accountability and the consequences of violating constitutional conventions. The essay concludes by summarizing the key issues and discussing the broader implications for ministerial conduct and the upholding of constitutional standards.

Ministerial
Situations

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................5
REFERNCES...................................................................................................................................5

INTRODUCTION
Being part of the uncodified constitution of British, constitutional conventions play a vital
role and are often unwritten but some of them are recorded in writing such as Ministerial Code,
Cabinet Manual. The Ministerial Code act a guide and bears the responsibility in respect for the
actions of the government ministers. The code is a document which sets out the standards for the
ministers which need to be meet accordingly. 1As per this code, the ministers are personally
responsible for their act and conduct which are further justified by the Parliament and the Public.
The essay examines the understanding of the constitutional conventions accompanied by the case
scenario where minister conducts led to the breach of constitutional convention.
MAIN BODY
An inquiry was made against the Home Secretary, Ms Priti Patel, which was reportedly with
uncovering evidence of bullying in the Home Office. The inquiry concluded that Priti Patel
broke the ministerial code of conduct and in response to it the Prime Minister of UK Boris
Johnson ignored the allegations made and did not believe that Ms Patel is a bully. Further he
showed his full confidence on her. The allegations on the home secretary on creating an
atmosphere of fear in the Home Office was emerged after the resignation of Philip Rutnam, the
former Permanent Secretary in Home Office and further it was claimed that she tried to remove
him from the job.
The Civil service unions meanwhile accused her of hi angry behaviour and aggressive tone
in the meetings and even places unrealistic demands on her staff. Also in 2015, an official in the
Department for Work and Pensions (DWP) alleged that she was bullied by Ms Patel, who at that
time was employment minister. And the liability was not admitted by the department and even
the case was not presented before the tribunal. Further in 2017, the officials who worked in the
Department for International Development, where she was employed as secretary in the
department, alleged her for humiliating civil servants in front of others.
The Ministerial Code act as guidelines in respect to the conduct of government ministers2.
This code existed since Second World War but was made public in 1992 and it was most
1Stuart White, 'Building A Constitutional Convention: Citizens And The UK's Constitutional Moment' (2020) 22
Juncture.
2Barbara Page, 'Ministerial Resignation And Individual Ministerial Responsibility In Australia 1976–1989*' (2018)
28 The Journal of Commonwealth & Comparative Politics

recently updated in December 20163. This vital piece led the constitutional convention that
ministers are accountable for their each and every actions to the Parliament. In simple words, it is
the document setting out the expected standards of behaviour from the government ministers
which includes considering and respecting civil servants and other colleagues. According to the
code the ministers are expected to resign if they found to have violated the code. If a minister is
alleged to have breached the code, then the Prime Minister can refer the matter to the
Independent Adviser on Ministers’ interests which currently in this situation is Sir Alex Allan.
The Allan’s report examined Ms Patel’s behaviour of shouting and swearing amounted to
bullying impact on civil servants and colleagues. Thus, it was stated by Allan that Ms Patel
behaviour though unintentionally led to breach of the ministerial code.
According to the Sir Allan’s report her behaviour in the previous three government
departments allotted to her which were Home Office, Department of Work and Pension (DWP)
and Department for International Development, has created bullying impact on civil servants.
Further as per the findings, behaviour of Ms Patel has not consistently successful in meeting the
standards required by the ministerial code in respect of treating and respecting her civil servants.
Even in 2017 she was accused of breaching the ministerial code over the unauthorised meetings
with the politicians of Israeli. To which Ms Patel conceded in her resignation letter that her
conduct was below the standards required for transparency and openness.
The inquiry was made in respect of resignation of Sir Philip, who sued the government for
constructive dismissal and further alleged that Ms Patel had created fear. According to the report
Ms Priti Patel was unaware of the impact of her behaviour in Home Office and even no feedback
was given to her in respect of such behaviour. Further Boris Johnson ignored the findings of
Allan and stated that there was no bullying and harassment by Patel in treating civil servants4.
Further the Cabinet Minister who is supported by UK Prime Minister Boris Johnson, apologised
for her unintentional behaviour. As we have seen disagreement between Prime Minister and his
Independent Advisers on Minsters’ interests in respect of breach conducted by Priti Patel.
3'PRIME-MINISTERIAL POWER AND MINISTERIAL RESPONSIBILITY IN THE THATCHER ERA' [2020]
Parliamentary Affairs.
4Timothy Heppell and Michael Hill, 'Prime Ministerial Powers Of Patronage: Ministerial Appointments And
Dismissals Under Edward Heath' (2020) 29 Contemporary British History.

Further Prime Minister failed to sanction the Home Secretary and disagreed with the findings of
Allan. It concludes that the Prime Minister in this case is the interpreter of the Ministerial Code5.
Priti Patel’s behaviour appears not to meet the standards required in the ministerial code.
Further unintentionally bullying behaviour led to mitigating factor in this case scenario. The
situation demonstrates many questions in respect of inadequacy of the advice on the standards
required for ministerial code. The Home Secretary Priti Patel failed to meet the requirements of
the ministerial code which includes treating, considering and respecting civil servants. The
Johnson may move her to a different position in order to make it clear that whether she is capable
of meeting the standards required in the ministerial code.Generally the consequence of such
misdeeds leads to resignation of the minister, but in this case no such evidence and complaint is
found against the home secretary. Thus, the final arbiter in respect of the members lies in the
hands of Prime Minister who ultimately leads them.
CONCLUSION
The essay concludes one of the ministerial situation in which minister has violated the
constitutional code. Under this essay an inquiry was made on Priti Patel, Home Secretary in
United Kingdom, as she was alleged of her ill treatment of civil servants within her department.
The essay examined the factual situation and constitutional convention relevant in the case
scenario. Further essay illustrates the relevant convention and its operation in the case. Lastly,
the essay discussed the consequences for the Minster in breach of constitutional convention.
5Lawrence Bennett Moore, 'Accompanied Ministerial Self-Appraisal And Issues Of Ministerial Empowerment'
(2020) 10 British Journal of Theological Education.

REFERNCES
Books and Journals
Barbara Page, 'Ministerial Resignation And Individual Ministerial Responsibility In Australia
1976–1989*' (2018) 28 The Journal of Commonwealth & Comparative Politics.
Lawrence Bennett Moore, 'Accompanied Ministerial Self-Appraisal And Issues Of Ministerial
Empowerment' (2020) 10 British Journal of Theological Education.
'PRIME-MINISTERIAL POWER AND MINISTERIAL RESPONSIBILITY IN THE
THATCHER ERA' [2020] Parliamentary Affairs.
Stuart White, 'Building A Constitutional Convention: Citizens And The UK's Constitutional
Moment' (2020) 22 Juncture.
Timothy Heppell and Michael Hill, 'Prime Ministerial Powers Of Patronage: Ministerial
Appointments And Dismissals Under Edward Heath' (2020) 29 Contemporary British
History.