Boris Johnson accused of changing ministerial
code to ‘save his skin’
Rewritten rules remove need to resign – instead
ministers can apologise or temporarily lose pay for breaches
Rowena
Mason and Aubrey Allegretti
Fri 27 May
2022 15.21 BST
Boris
Johnson has been accused of changing the ministerial code to help “save his
skin” ahead of a new Partygate inquiry that could publish more photos and
subject him to a public grilling by MPs.
The prime
minister faced a barrage of criticism after he amended the rules on Friday to
make clear that ministers will not always be expected to resign for breaching
the code of conduct. Under new sanctions, they could apologise or temporarily
lose their pay instead.
Johnson
also blocked his independent ethics chief, Christopher Geidt, from gaining the
power to launch his own investigations, and rewrote the foreword to the
ministerial code, removing all references to honesty, integrity, transparency
and accountability.
It comes as
the PM faces an inquiry by the privileges committee into whether he misled
parliament over lockdown parties in Downing Street – which could itself be a
breach of the ministerial code.
Labour and
the Liberal Democrats accused Johnson of rigging the system to “get himself off
the hook” ahead of the inquiry.
No 10 said
a new version of the ministerial code, published on Friday alongside a
government statement saying it is “disproportionate to expect that any breach,
however minor, should lead automatically to resignation or dismissal”, has the
backing of the Committee on Standards in Public Life and Lord Geidt, the
adviser on ministerial interests.
Ministers
who knowingly mislead parliament are usually expected to resign – which is
stated elsewhere in the code. However, Downing Street declined to say if
Johnson would resign if found to have done so.
One reason
given for changing the rules was to “avoid incentives for trivial or vexatious
complaints, which may be made for partisan reasons”.
Chris
Bryant, the Labour MP and chair of parliament’s standards committee, said the
weakening of the system was “appalling”.
“The new
ministerial code is a disgrace. It means that the tiny semblance of
accountability disappears. ‘If you break the rules, just rewrite the rulebook’
is the motto of this despicable government,” he said.
Johnson
remains under severe pressure over Partygate after the publication of the Sue
Gray report. On Friday he suffered the first loss of a frontbencher since the
report, ministerial aide Paul Holmes, who said his work as an MP had been
“tarnished by the toxic culture that seemed to have permeated No 10”.
Bob Neill,
a former minister and chair of the justice committee, also revealed he
submitted a letter of no confidence this week.
“These
events have undermined trust in not just the office of the prime minister but
in the political process itself. To rebuild that trust and move on, a change in
leadership is required,” he said. Neill later told the BBC that the change to
the ministerial code was “not a wise move”.
With
growing fears in the Conservative party that it may lose two byelections next
month, in Tiverton and Wakefield, new modelling from YouGov found that of 88
“battleground” constituencies the party took from Labour at the last election
or holds with a majority of less than 15 points, just three would remain in
Tory hands. Among those that could swing red is Johnson’s own seat in west
London.
Rebel MPs
are planning to use next week’s recess to plot ways to oust the prime minister.
One critic said the number of letters of no confidence “had to be” in the 40s –
short of the 54 required to trigger a confidence vote but more than the almost
30 MPs who have gone public with criticism of Johnson.
A senior
Conservative MP said: “Boris’s value to the party as PM is now exhausted and
events will take their natural course. I cannot tell you whether it will
crystallise on 6 June [after recess] or 27 June [the return to parliament after
two byelections] but the parliamentary party knows it cannot fight and win the
next election under Boris.”
There is a
widening gulf between the expectations of Johnson’s allies and his critics, who
expect to see him gone before the summer.
One cabinet
minister said he did not believe the Gray report had changed people’s minds. “Either
people are already bored of it or they are permanently enraged by it. I’m not
sure anything is going to change now,” he said.
But despite
this confidence, Johnson is facing a new headache with the start of the
privileges committee inquiry within weeks, which is likely to keep Partygate in
the headlines.
Separately,
it is understood the Greater London Authority’s oversight committee is soon due
to publish a report looking into London & Partners, the promotional agency
linked to Johnson’s time as London mayor and the revelations about his
relationship with the US businesswoman Jennifer Arcuri.
Three
ministerial aides – Laura Farris, Alberto Costa and Andy Carter – are
imminently expected to resign from their government jobs in order to be more
independent as members of the privileges committee that will sit in judgment
over the prime minister’s honesty.
It is
expected to launch within weeks, before the summer break, and to last four or
more months. The committee can sit in private or call witnesses in public –
potentially including Johnson himself – and demand further documentary
evidence, such as photographs from the government, if required.
Gray
published only nine photos in her report, including ones showing Johnson
alongside open bottles of wine and gin, but hundreds were seen by her inquiry.
Harriet
Harman, the senior Labour MP, is likely to chair the privileges committee, with
the probe expected to ask what, if any, assurances the PM was given that the
parties were legal when he claimed there were no gatherings and that all
lockdown guidance was followed.
Johnson
could be found in contempt of parliament if he deliberately misled the Commons,
but he could also be in breach of the ministerial code if he knowingly lied to
MPs.
However,
the ministerial code is governed by the prime minister himself, and Johnson
resisted pressure to give Geidt the power to launch his own inquiries without
consent.
Under his
revised terms of reference, there will be an “enhanced process” to let Geidt
initiate inquiries – but he will still require the PM’s consent before going
ahead.
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“Reflecting
the prime minister’s accountability for the conduct of the executive, it is
important that a role is retained for the prime minister in decisions about
investigations,” the government statement said.
Angela
Rayner, Labour’s deputy leader, also highlighted Johnson’s move to rewrite the
foreword to the code, removing “all references to integrity, objectivity,
accountability, transparency, honesty and leadership in the public interest”.
‘This prime
minister is downgrading and debasing the principles of public life before our
very eyes,” she said. “He should be tendering his resignation but is instead
watering down the rules to save his own skin.”
Wendy
Chamberlain, the Lib Dem chief whip, said it was an “appalling attempt by Boris
Johnson to rig the rules to get himself off the hook”.
“It seems
the Conservatives have learned nothing from the Owen Paterson scandal,” she
said, referring to the MP who breached the MPs’ code of conduct but whose
suspension the government attempted to block.

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