During the evidence session with the Committee on 6 February, I agreed to write to you regarding the issue of whether the role of the Independent Adviser should be placed on a statutory footing.

As I set out during the session, it is the government’s view that it is neither desirable nor necessary to place the role of the Prime Minister’s Independent Adviser on Ministers’ Interests on a statutory basis.

The role has existed since 2006 without the need for legislation. We set out in our response to the Boardman Review last year[1] that, in light of the careful balance between the Executive and Parliament in relation to ethics bodies, we do not believe this role needs to be established in primary legislation.

The powers and status of the Independent Adviser are not, in our views, diminished by the role not being statutory. As with the Ministerial Code, placing it on a statutory basis would be likely to drag the courts into the consideration of matters which are essentially political.

The risks of statutory codification are also considered in depth in a recent Policy Exchange pamphlet[2]; I would encourage the Committee to consider its well-argued points.

The government has taken steps as the Committee will know to strengthen the Adviser’s powers - for example, in May 2022 the Terms of Reference were expanded to include giving the adviser the ability to initiate an investigation after consulting the Prime Minister.

Alberto Costa asked when the Cabinet Secretary would meet the Parliamentary Commissioner for Standards. I can confirm that they are due to meet on 5 March. I can also confirm that he will respond to your correspondence on this topic directly in due course.

Thank you again for your engagement on this important matter.

20 February 2024

Alex Burghart MP

Parliamentary Secretary

[1] HM Government, Strengthening Ethics and Integrity in Central Government, CP 900, July 2023.

[2] Policy Exchange, Upholding Standards; Unsettling Conventions, 10 January 2024.