4th Report - Ministerial Statements and the Ministerial Code

Key findings

• The general principle 'When Parliament is in session, the most important announcements of government policy should be made in the first instance in Parliament' is longstanding and sound, but regularly subject to accusations of breach across successive governments.
• The term 'most important' is inevitably subjective and cannot be made fully objective through rigid criteria; assessment must occur case-by-case, with government responsible for maintaining parliamentary confidence.
• Major planned announcements during parliamentary recess should be restricted to time-sensitive or exceptional cases; where unavoidable when the House is in session but not sitting, ministers must come to the House at the earliest opportunity and explain the breach.
• The wording 'should' in the principle is ambiguous; replacing it with 'must' would clarify expectations. Substantive prior trailing of statement contents in media is a breach; mere laying of associated documents does not substitute for oral statements and parliamentary scrutiny.
• Urgent questions are the most effective remedy available to hold ministers accountable when proper procedures are breached; the Speaker's role in protecting House interests is vital, though the burden on the Speaker to police this is considerable.

Recommendations

• Major planned policy announcements when the House is not in session should be restricted to those which are time sensitive or otherwise exceptional.
• Where necessary to make a major announcement when the House is in session but not sitting, a minister should come to the House at the earliest opportunity to inform the House and allow for scrutiny and consideration. The statement should acknowledge that normal practice was not followed and provide an explanation.
• Replace the word 'should' in the general principle with 'must' to send a clear signal to ministers about parliamentary expectations and give confidence to the electorate that MPs can scrutinise effectively.
• Where an exceptional circumstance arises and a major policy is announced first elsewhere, a minister must, as a sign of respect towards Parliament, make a statement to the House at the earliest opportunity, which would include the reasons for breaching the general principle.
• Government should either make every effort to comply with the Ministerial Code, or re-write it in consultation with Members across the House. Any substantial re-writing should be followed by House consideration of implications for its own resolutions.
• Government should refrain from substantive prior trailing of statement contents in the media and ensure the 'Parliament first' principle is followed at all times; publication of associated documents does not diminish the expectation for oral statements and parliamentary scrutiny.
• Government should pay close attention to the mood of the House and, where concern is raised about what constitutes 'most important', give serious consideration to adjusting thresholds used to evaluate importance of announcements.

Key actors

Simon Hoare, Lucy Powell, Jesse Norman, Sir Laurie Magnus, Speaker of the House of Commons, Prime Minister, Leader of the House of Commons, Public Administration and Constitutional Affairs Committee