The post of Prime Minister's Independent Adviser on Ministerial Interests was created in March 2006, and extended by the incoming Prime Minister in July 2007. Part of the new Independent Adviser's role is to investigate allegations that the Ministerial Code has been breached. This Report considers the suitability of the new mechanism for investigating alleged breaches of the Code. The creation of an investigatory capacity is welcomed as an important step. However, the Committee identifies limitations on the Independent Adviser's powers which cast doubt over the effective ability of any holder of the post to secure public confidence. The Independent Adviser should be free to instigate investigations rather than, as at present, being dependent on being invited to do so by the Prime Minister. The Prime Minister should also undertake that findings of investigations into the conduct of ministers will routinely be published. Constitutional watchdogs such as this new investigator need to be demonstrably independent of those they regulate. The post of Independent Adviser meets none of the criteria associated with independence. The holder of the post, Sir Philip Mawer, has been appointed by the Prime Minister on a non-specific term of office which can be terminated by the Prime Minister at any time and on any grounds. He has no staff of his own, no office and no budget, but relies on the Cabinet Office for all these things. There has been no open advertisement process and no parliamentary involvement in the appointment. Until these defects are remedied, the Committee has difficulty accepting the suggestion that the new investigator can meaningfully be considered to be independent.

Response to HC 381 (ISBN 9780215515063)

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

This title was first published in 2002: Political ethics is a rapidly growing field in disciplines such as political science, philosophy, applied ethics and public policy and it has become a major topic in current affairs’ reporting of politics. This book discusses the most prominent subjects - and occasional victims - of the ethics debate: government ministers. It is the first major work to discuss institutional reforms around the world that target ministerial morality and asks: how are these reforms influencing the motivation and conduct of the most powerful of our politicians? The book provides unique insights into ministerial behaviour and the changing role of institutions in influencing the ethics of the executive, with analyses from around the world. Contributors to the volume include international high-profile players in political ethics. They include Lord Nolan, the first Chairman of Britain's Joint Parliamentary Committee on Standards in Public Life; Professor Robert J. Jackson, a leading Canadian political scientist instrumental in establishing the Canadian Office of the Ethics Counsellor; and Associate Professor Noel Preston, the leading commentator on ethics in Australian politics, who has been involved in developing a number of its ethical regimes.