Ministerial code - Part 1: Ministerial code of ethics

Ministerial conduct

1.1 Ministers of the Welsh Government are expected to maintain high standards of behaviour and to behave in a way that upholds the highest standards of propriety.

1.2 This includes adhering to the Seven Principles of Public Life (also known as the ‘Nolan Principles’), which are set out by the Committee on Standards in Public Life and apply to all public office holders:

1. Selflessness: Holders of public office should act solely in terms of the public interest.
2. Integrity: Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
3. Objectivity: Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
4. Accountability: Holders of public office are accountable for their decisions and actions and must submit themselves to whatever scrutiny necessary to ensure this.
5. Openness: Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for doing so.
6. Honesty: Holders of public office should be truthful.
7. Leadership: Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs

1.3 Serving the country and the public in Ministerial office is a privilege. Ministers should be professional in all their dealings and treat all those with whom they come into contact with consideration and respect. Working relationships with civil servants, other Ministers, Senedd colleagues and staff should be proper and appropriate. Harassing, bullying or other inappropriate or discriminating behaviour, wherever it takes place and irrespective of whether or not it occurs in the course of Ministerial business, is not consistent with the Ministerial Code and will not be tolerated.

1.4 This Ministerial Code applies to the First Minister and all Ministers. It also applies to the Counsel General. Unless otherwise stated, the term “Minister” in this Code encompasses all of these.

1.5 The Ministerial Code should be read against the background of the overarching duty on Ministers to comply with the law, including international law and treaty obligations, and to protect the integrity of public life. In particular, they are expected to observe the following principles of Ministerial Conduct:

Accountability

1. Ministers have a duty to the Senedd to account, and be held to account, for the policies, decisions and actions of their departments and agencies
2. It is of paramount importance that Ministers give accurate and truthful information to the Senedd, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead the Senedd will be expected to offer their resignation to the First Minister
3. Ministers should be as open as possible with the Senedd and the public, refusing to provide information only when disclosure would not be in the public interest which should be decided in accordance with the relevant statutes and the Freedom of Information Act 2000
4. Ministers should similarly require civil servants who give evidence before Committees of the Senedd on their behalf and under their direction to be as helpful as possible in providing accurate, truthful and full information in accordance with the duties and responsibilities of civil servants as set out in the Welsh Government Civil Service Code.

Collegiality

5. The principle of collective responsibility applies to all Government Ministers. It applies in all circumstances other than those described in paragraph 4.8.

Personal responsibility

6. Ministers must ensure that no conflict arises, or appears to arise, between their public duties and their private interests
7. Ministers should not accept any gift or hospitality which might, or might reasonably appear to, compromise their judgement or place them under an improper obligation
8. Ministers must keep separate their roles as Minister and Member of the Senedd
9. Ministers must not use the Welsh Government’s resources for party-political purposes. They must uphold the political impartiality of the Civil Service and not ask civil servants to act in any way which would conflict with the Welsh Government Civil Service Code.

1.6 This Ministerial Code provides guidance to Ministers on how they should act and arrange their affairs in order to uphold these standards. It lists the principles which may apply in particular situations. Ministers must also adhere at all times to the requirements that the Senedd has itself laid down, and in particular the Code of Conduct on the Standards of Conduct for Members of the Senedd.

1.7 Ministers are personally responsible for deciding how to act and conduct themselves in the light of the Ministerial Code and for justifying their actions and conduct in the Senedd and to the public. The First Minister is the ultimate judge of the standards of behaviour expected of a Minister and the appropriate consequences of a breach of those standards. Although the First Minister will not expect to comment on every matter which could conceivably be brought to his or her attention, Ministers can only remain in office for so long as they retain the confidence of the First Minister. The outcome of any substantiated breach of the Code will depend on the nature of the breach. Where the First Minister retains confidence in the minister, available sanctions may include, but are not limited to, requiring some form of public apology or remedial action.

1.8 It is not the role of the Permanent Secretary or other officials to enforce the Code. However, Ministers can expect the civil servants who advise them to be aware of this Code and to use their best endeavours to draw to the attention of Ministers any potential conflicts which they have identified. Ministers remain personally responsible for adhering to the Code and the decisions they take.

Role of the Independent Adviser

1.9 The First Minister will appoint an Independent Adviser on Ministerial Standards to assist them in relation to the Ministerial Code. The First Minister may ask the Independent Adviser to investigate a complaint that the Code has been breached. The Independent Adviser may also be consulted by the First Minister on matters in relation to declarations of interest by ministers and will also be consulted by the First Minister when significant changes to the Ministerial Code are being considered.

1.10 The First Minister will decide how complaints under the Code will be investigated, including whether the Independent Adviser will be asked to investigate. The First Minister will consult the Permanent Secretary, or the Welsh Government Propriety and Ethics team on behalf of the Permanent Secretary, for initial advice. Taking into account that advice, the First Minister may decide that the complaint can receive an immediate response. If the First Minister decides that an investigation into the complaint would be appropriate then they may ask the Permanent Secretary, or the Propriety and Ethics team on behalf of the Permanent Secretary, to conduct that investigation and to report back to them. The First Minister will set the terms of reference for the investigation but thereafter neither the First Minister, nor other members of the government or Special Advisers, will have any involvement in the process, which will be carried out in accordance with the Civil Service Code values of objectivity and impartiality. The report of the investigation will include a summary of the key facts of the circumstances as discovered by the investigation and may include an assessment of whether in the view of the investigators there are grounds for concluding that the Ministerial Code has been breached.

1.11 The First Minister may, at their discretion, ask the Independent Adviser to investigate the complaint. In this case, the investigation would be carried out independently of the Welsh Government apart from what would be necessary to provide administrative support and facilitate meetings. The report of the Independent Adviser will include a summary of the key facts of the circumstances as discovered by the adviser and may include an assessment of whether in the view of the adviser there are grounds for concluding that the Ministerial Code has been breached. The Independent Advisor will be provided with all information necessary for them to conduct their investigation.

1.12 In either case, the First Minister will subsequently publish the terms of reference for the investigation and the report which they received, unamended subject to any necessary redactions to protect personal data or other legal obligations.

1.13 The First Minister will exercise judgement over any necessary action resulting from the investigation report which they receive. The First Minister is the ultimate judge of whether there has been a breach of the Ministerial Code and, if so, what sanctions would be appropriate to the circumstances.

1.14 These arrangements also apply to the First Minister, who is accountable to the Senedd.

Ministers and their wellbeing

1.15 The statutory powers of a First Minister to appoint and remove Ministers from office are derived from section 48 of the Government of Wales Act 2006. These powers are wide and unfettered.

1.16 The First Minister recognises that at times the personal pressures upon Ministers can be considerable. Most of the time these pressures, which are not unique to Ministerial responsibilities, will be accommodated by Ministers as part of the resilience required to undertake the role. But the First Minister will have regard to the wellbeing of Ministers and will ensure that there are adequate arrangements in place to provide Ministers with support where necessary if they wish to avail themselves of it; and that these arrangements are drawn to the attention of Ministers on a regular basis.

1.17 In particular, the First Minister will ensure that the wellbeing of the Minister or Ministers involved is fully taken into account as part of planning and preparation for reshuffles or other circumstances in which Ministers may depart from government. This will include ensuring that the Ministers at the time are aware of the support services which are available to them to access. This will be the case particularly where departure is taking place in circumstances which may attract significant media interest. The First Minister will endeavour to ensure that outgoing Ministers are provided with appropriate channels of support.

1.18 The First Minister will ensure that information surrounding any reshuffle is kept to as tight a cohort of individuals as the First Minister thinks possible.

Ministerial responsibilities and titles

2.1 The First Minister is responsible for the overall structure and organisation of the Cabinet. With the approval of The King, they appoint Ministers, and also recommend to His Majesty the appointment of the Counsel General.

2.2 The allocation of portfolios between Ministers is the responsibility of the First Minister. The First Minister’s approval must be sought where any changes are proposed that affect this allocation and the responsibilities for the discharge of Ministerial functions.

2.3 Ministers should take special care in discussing issues which are the responsibility of other Ministers, consulting Ministerial colleagues as appropriate.

2.4 All Ministerial titles, and any proposed changes to them, must also be approved by the First Minister.

2.5 All Ministers are accountable to the First Minister and a minister can only remain in post for so long as they retain the confidence of the First Minister.

Ministers' availability

2.6 The First Minister's office should be kept informed of Ministers' engagements, and also of their weekend and holiday arrangements, so that, if a sudden emergency arises, it can inform the First Minister which Ministers are immediately available. As set out at paragraph 9.3 any Minister who wishes to be absent from the UK for any reason must seek the First Minister's approval.

2.7 When a Minister is absent for a considerable period for any reason it may be desirable that arrangements should be made for another member of the Cabinet to be available to cover for them and to represent their interests in discussions in Cabinet or in any other collective Ministerial meeting. The First Minister's prior approval should be sought for the arrangements for cover for an absent Minister.

2.8 If a Minister for whatever reason wishes another Minister to undertake an official engagement or take a decision on a particular issue, the matter should be referred to the First Minister for approval. This does not, however, apply to Ministers’ relationships with Deputy Ministers who have been appointed to assist them.

Special advisers

2.9 The employment of Special Advisers adds a political dimension to the advice available to Ministers and provides Ministers with the direct advice of distinguished experts in their professional field. It also reinforces the political impartiality of the permanent Civil Service by distinguishing the source of political advice and support. All appointments are made by the First Minister. If the First Minister leaves office the Advisers appointed by the First Minister also leave. As all appointments are made by the First Minister no commitments to make such appointments can be entered into without the prior approval of the First Minister. All such appointments will be made, and all Special Advisers will operate, under the terms and conditions of the Model Contract for Special Advisers and the Code of Conduct for Special Advisers.

2.10 The First Minister is responsible for deciding on the distribution of Special Adviser posts within the Welsh Government, whether in support of individual Ministers or as collective resource. Day-to-day management of SpAds will be undertaken by the Chief SpAd, but ultimate responsibility for the conduct of Special Advisers, including discipline, rests with the First Minister. The First Minister will be accountable to the Senedd and the public for his or her actions and decisions in respect of the Special Advisers.

2.11 The Welsh Government will publish an annual statement to the Senedd setting out the numbers, names, and paybands of Special Advisers and their overall paybill.

Unpaid advisers

2.12 With the agreement of the First Minister, Ministers may appoint unpaid advisers. The appointment of an unpaid adviser is a personal appointment by the Minister concerned. There is no contractual relationship between such an adviser and the Welsh Ministers and, except as permitted below, the appointment carries no entitlement to payment from public funds. Such appointments are exceptional, and the prior written approval of the First Minister must be sought before any commitment is entered into. In making appointments Ministers must ensure that there is no conflict of interest between the matters on which the unpaid adviser will be advising and his or her private concerns. A letter of appointment must be issued making this clear. The letter should indicate the subjects with which an unpaid adviser may (or may not) deal and explain to which papers they will have access.

2.13 Where an adviser is acting on similar terms to a Special Adviser but on an unpaid basis then they should conduct themselves as if they were a Special Adviser. As with Special Advisers, unpaid advisers, although not civil servants, are required to uphold the political impartiality of the Civil Service. The normal rules of confidentiality apply in relation to the protection by the adviser of any official information to which he or she has access by virtue of the appointment. Unpaid advisers are also subject to the Official Secrets Act and Business Appointment Rules for Crown Servants. Aside from the provision of a furnished office and use of a telephone, access to typing facilities, a personal computer and internal departmental messenger system and the reimbursement of travel costs incurred in carrying out their duties, an unpaid adviser should constitute no cost to the public purse.

Specialist Policy Advisers

2.14 The First Minister may also engage Specialist Policy Advisers to support the Government in developing policy. They are employed as short term civil servants and are situated within the relevant policy department.

Appointments by ministers

2.15 Civil service appointments must be made in accordance with the Civil Service Commission’s Recruitment Principles and the Civil Service Code.

2.16 Public appointments should be made in accordance with the requirements of the law and, where appropriate, the Governance Code on Public Appointments under which the Commissioner for Public Appointments carries out his regulatory role. Public appointments should also follow Welsh Government procedures and reflect and champion the principles of the Welsh Government’s Diversity and Inclusion Strategy for Public Appointments. Ministers have a duty to ensure that influence over civil service and public appointments is not abused for partisan purposes.

Ministers and the Civil Service

3.1 Ministers have:

• a duty to give fair consideration and due weight to informed and impartial advice from civil servants, as well as to other considerations and advice, in reaching policy decisions
• a duty to uphold the political impartiality of the Civil Service, and not to ask civil servants to act in any way which would conflict with the Welsh Government Civil Service Code and the requirements of the Constitutional Reform and Governance Act 2010.

3.2 Ministers should be professional in their working relationships with the Civil Service and treat all those with whom they come into contact with consideration and respect. Concerns raised by staff about the conduct of Ministers towards them will be investigated by the Permanent Secretary, in consultation with the First Minister. Similarly, Ministers can expect the civil servants with whom they work to treat them with the respect and courtesy due to their office and to seek to provide a professional service at all times. If Ministers have concerns about the conduct of any member of staff then they should raise them with the Permanent Secretary in the first instance.

3.3 It is the responsibility of the civil service to provide Ministers with impartial, objective and honest advice which includes, to the best of their ability, all relevant information and analysis. Minsters should not seek to direct staff on the advice which they receive, but neither, of course, are they obliged to accept and follow that advice. Ministers can expect the civil service to be mindful of the volume of issues coming to Ministers for consideration and the civil service should seek to provide information and present issues in a form which is as short, clear and as easily assimilable as possible.

3.4 Ministers are responsible for issuing instructions to the Private Office staff supporting them in their role as Ministers. These staff must not be used to support Ministers in their party political or constituency capacity.

Civil servants and party political engagements

3.5 If a Minister wishes to have a factual brief for a party political or other non-Ministerial event to explain Welsh Government policies or actions, this can be provided on the same basis as information may be provided to any other Member of the Senedd, but it is not appropriate for a Minister to request civil servants to prepare a draft speech for such an event (although they may properly ask Special Advisers to do so). Factual briefs would normally be provided in written form. Ministers may also request civil servants to provide technical briefings to Members of the Senedd or the UK Parliament. Such briefings may be provided orally and allow for questions to be asked but must be factual in nature and should be available to Members of all parties in order to maintain the impartiality of the civil service.

3.6 Ministers should not ask civil servants to attend, still less take part in, Party Conferences or meetings of a party political nature. Nor should civil servants in their official capacity accept invitations to conferences convened by, or under the aegis of, party political organisations except when their presence is required for carrying through essential Welsh Government business unconnected with the conference. (This does not include, for example, conferences of the Trades Union Congress or the Confederation of British Industry). An exception to this rule is made for Special Advisers who, under the terms of their contracts, may attend party functions, including the annual Party Conference (but they may not speak publicly at the Conference) and maintain contact with party members.

Contacts with external organisations

3.7 Ministers meet many people and organisations and consider a wide range of views as part of the formulation of Government policy. The basic facts of formal meetings between Ministers and outside interest groups should be recorded, setting out the reasons for the meeting, and the names of those attending and the interests represented. A private secretary or official should be present for all discussions relating to government business and a list of meetings carried out by all Ministers is published three months in arrears. If a minister meets an external organisation or individual and finds themselves discussing official business without an official present (for example, at a social occasion or on holiday) any significant content should be passed back to Private Office as soon as possible after the event.

3.8 Ministers should not meet formally with professional public affairs organisations (lobbyists) seeking to influence the views or decisions of Government. Where informal, social or incidental contact with lobbyists arises in the course of normal business, this should be recorded with Private Office.

Acceptance and signing of petitions

3.9 Ministers may, from time to time, be asked to accept petitions. Acceptance and consideration of petitions is part of the normal business of government. However, the manner in which acceptance takes place (eg. in the presence of the Press) could, in certain circumstances, potentially give rise to accusations of bias. An example would be if the Minister needs to take a decision on a matter connected to the subject of the petition. Consequently, petitions will in all cases be accepted by a senior civil servant on behalf of the Welsh Government.

3.10 Ministers may sometimes be asked to sign petitions. Under no circumstances will Welsh Ministers sign petitions which are to be submitted to the Welsh Government.

The role of the Accounting Officer

3.11 The Permanent Secretary is the Principal Accounting Officer for the Welsh Ministers. Section 133 of the Government of Wales Act 2006 provides that the Principal Accounting Officer for the Welsh Ministers may designate other members of Welsh Government staff as additional Accounting Officers to be responsible for a defined area of the Welsh Government’s activities. Where such appointments are made, Ministers should have proper regard for their responsibilities.

3.12 A Principal Accounting Officer (PAO) and any Additional Accounting Officers (AAOs) are responsible for ensuring that all advice to Ministers includes appropriate guidance on the proper use of public funds. The Accounting Officer should bring to the attention of Ministers any perceived conflict between the Minister’s intentions and the duties of the Accounting Officer. An Accounting Officer cannot simply accept the Minister’s aims or policy without examination.

3.13 An Accounting Officer is personally responsible for their actions and must be able to assure the Senedd and the public, of high standards of probity in the management of public funds. This means consideration of:

• Regularity – ensuring that expenditure is within legal powers and complies with parliamentary authority, including budget ambits
• Propriety – ensuring that expenditure is in accordance with the values and behaviour expected of the public sector
• Value for money – ensuring economy, efficiency and effectiveness in public expenditure decisions; and
• Feasibility – ensuring that spending proposals can be implemented accurately, sustainably or to the intended timetable.

3.14 In line with the principles set out in Managing Welsh Public Money, if a Minister or Counsel General is contemplating a course of action which the Accounting Officer has advised against as being incompatible with their responsibilities, they should initially seek to resolve the position through further dialogue. If the position cannot be resolved then the issue should be escalated to the PAO who may wish to discuss the matter directly with the First Minister. Only after these steps have been taken should the PAO seek a written Direction from the First Minister to proceed as instructed, as set out in the PAO Memorandum. However, it is important to recognise that all possible steps must be taken beforehand to resolve the position with the Minister.

* includes Ministers who are regional rather than constituency Members of the Senedd.

Constituency and party interests

4.1 Ministers are provided with facilities at the Welsh Government’s expense to enable them to carry out their official duties. These facilities should not generally be used for Party or constituency activities. Ministers should have their constituency work done at their own expense, as they would if they were Members of the Senedd who do not hold Ministerial office. Ministers are entitled to a Senedd salary and to be reimbursed for expenditure necessarily incurred in order to enable performance of the Members’ duties as a Member of the Senedd.

4.2 Government property should not generally be used for constituency work or party political activities. However, the reality of Ministers’ working lives means that there will inevitably be some overlap between their official Ministerial business and their constituency or party work. There will be occasions when Ministers may wish to use their rooms for meetings which impinge on such work and which, to enable the smooth functioning of their Ministerial lives, it would be appropriate for them to undertake. Examples of circumstances in which it would be appropriate include:

1. Meetings between Ministers and their Senedd support staff for specific, clearly defined reasons involving the interaction between Ministerial and constituency business, such as diary planning discussions.
2. Meetings between the Minister and his or her constituents who are making representations on a subject within the Minister’s portfolio.
3. Meetings with Members of the Senedd from within their own party to discuss the handling of Senedd business.

4.3 Where Ministers, in exceptional circumstances, host party political events on Welsh Government property it should be at their own or party expense.

4.4 Constituents should not be disadvantaged by their Member of the Senedd holding a Ministerial post and Ministers are not precluded from taking decisions relating to their constituency where the impact is equivalent to impacts elsewhere, for example in consideration of an all-Wales programme of action.

4.5 However, Ministers should equally not act in any way which might be perceived as inappropriately favouring their constituency or region, or one of more of their constituents. Where Ministers have to take decisions on their own portfolios which might have a significant impact on their own constituency, they must take particular care to avoid any possible conflict of interest or apparent conflict of interest. Press releases or statements made in a Ministerial role and which particularly single out the benefits to the Minister’s own constituency or region should be avoided.

Public Services Ombudsman Wales

4.6 The Public Services Ombudsman for Wales (the Ombudsman) can consider complaints of maladministration or service failure by most Welsh public bodies including the Welsh Government. Occasionally a member of the public may wish to complain about a service they receive from the Welsh Government and may approach a Minister with their concerns. In such circumstances Ministers should:

1. if the complainant is not a constituent, refer them to their constituency MS
2. if the complainant is a constituent, or does not wish to approach their MS, refer them to the Welsh Government’s Customer Complaints Policy
3. if the complainant has had a response from the Welsh Government’s complaints team and are still dissatisfied, refer them to the Ombudsman’s complaints procedure (a complainant can raise a complaint direct with the Ombudsman). A Minister who refers a complainant to the Ombudsman should inform, in advance, the relevant Minister and the Permanent Secretary.

4.7 Ministers should, wherever possible, act no differently from other Members of the Senedd, particularly where the complainant is a constituent.

Leading deputations and making representations (including in planning cases): General ministerial involvement

4.8 Ministers are free to make their constituents’ views about constituency matters known to the responsible Minister by correspondence, leading deputations or by personal interview provided they make clear that they are acting as their constituents’ representative and not as a Minister. Ministers are advised to take particular care in cases relating to planning applications in their constituencies or other similar issues. In all such cases, it is important that they make clear that they are representing the views of their constituents, avoid criticism of the Welsh Government’s policies, and confine themselves to comments which could reasonably be made by those who are not Ministers. Correspondence should always set out in what capacity Ministers are writing, and when doing so in their constituency capacity letters should begin with: ‘I am writing in my capacity as Constituency / Regional Member for X’, so as not to allow any ambiguity.

4.9 Once a decision has been announced, it should normally be accepted without question or criticism. It is important that, in expressing the views of their constituents, Ministers do so in a way that does not create difficulty for Ministers who have to take the decision and that they bear in mind the Cabinet's collective responsibility for the outcome. Ministers should also take account of any potential implications which their comments could have on their own portfolio responsibilities.

Lottery bids

4.10 In order to avoid the impression that Ministers are seeking to influence decisions on awards of Lottery money, Ministers should not normally give specific public support for individual applications for Lottery funding. Where a Minister wishes to lend support to a specific project within their constituency they should do so on the very clear understanding that it is in a constituency capacity.

Conflicts of interest

5.1 Ministers must ensure that no conflict arises, or could reasonably be perceived to arise, between their public duties and their private interests, financial or otherwise. It is the personal responsibility of each Minister to decide whether and what action is needed to avoid a conflict or the perception of a conflict, taking account of advice received from the Permanent Secretary. The Independent Advisor may also be consulted by the First Minister or the Permanent Secretary on the appropriate treatment of an actual or apparent conflict of interest.

Procedures

5.2 When appointed to each new office, Ministers must provide the Permanent Secretary with a full list in writing of all interests which might be thought to give rise to a conflict. This must be provided within four weeks of taking up post. The list should cover interests of the Minister’s spouse or partner and close family which might be thought to give rise to a conflict.

5.3 Where appropriate, the Minister will meet the Permanent Secretary to agree action on the handling of interests. Ministers must record in writing what action has been taken, and provide the Permanent Secretary with a copy of that record. If it is felt that the advice required goes beyond what officials can properly provide the Minister will be advised to seek at their own cost their own professional advice.

5.4 Ministers are advised to notify the Permanent Secretary promptly and in writing of any change in circumstances. The Permanent Secretary will write to Ministers on an annual basis, requesting they check that their existing record of private interests is complete and up to date.

5.5 Where it is proper for a Minister to retain a private interest, he or she should declare that interest to Ministerial colleagues if they have to discuss a matter of public business which in any way affects it; and the Minister should remain entirely detached from the consideration of that business. Similar steps may be necessary in relation to a Minister’s previous interests.

5.6 The personal information which Ministers disclose to those who advise them is treated in confidence. However, a statement covering relevant Ministers' interests will be published annually, with the final decision on what should be published being taken by the Permanent Secretary Some interests provided by Ministers will also be required to be included in the Welsh Government Annual accounts where they are identified as a related party interest. Ministers will be consulted on this during the preparation of the accounts.

Financial interest

5.7 Ministers must scrupulously avoid any danger of an actual or apparent conflict of interest between their Ministerial position and their private financial interests. They should be guided by the general principle that they should either dispose of the interest giving rise to the conflict or take alternative steps to prevent it. In reaching their decision they should be guided by the advice given to them by the Permanent Secretary. The Permanent Secretary as Principal Accounting Officer has a personal responsibility for financial propriety and regularity across the Welsh Government’s business, and their advice must be given particular weight where such issues arise. Ministers’ decisions should not be influenced by the hope or expectation of future employment with a particular firm or organisation.

5.8 Where exceptionally it is decided that a Minister can retain an interest, the Minister and the Welsh Government must put processes in place to prohibit access to certain papers and ensure that the Minister is not involved in certain decisions and discussions relating to that interest.

5.9 In some cases, it may not be possible to devise a mechanism to avoid a conflict of interest. In any such case the First Minister must be consulted for appropriate arrangements to be made and in such cases the First Minister’s decision is final.

Partnerships

5.10 Ministers who are partners, whether in professional firms, for example solicitors, accountants, etc., or in other businesses, should normally, on taking up office, cease to practise or to play any part in the day-to-day management of the firm’s affairs. Any exception to this must be agreed by the First Minister.

Directorships

5.11 Ministers must resign any directorships they hold when they take up office. This applies whether the directorship is in a public or private company and whether it carries remuneration or is honorary. The only exception to this rule is that directorships in private companies established in connection with private family estates or in a company formed for the management of flats of which the Minister is a tenant may be retained subject to the condition that if at any time the Minister feels that conflict is likely to arise between this private interest and public duty, the Minister should even in those cases resign the directorship.

Public appointments

5.12 When they take up office Ministers should give up any other public appointment they may hold.

Non-public bodies

5.13 Ministers should take care to ensure that they do not become associated with non-public organisations whose objectives may in any degree conflict with Welsh Government policy and thus give rise to a conflict of interest. Ministers should not therefore normally accept invitations to act as patrons of or otherwise offer support to pressure groups, or organisations dependent in whole or in part on Welsh Government funding. There is normally less objection to a Minister associating him or herself with a charity (subject to the points above) but Ministers should take care to ensure that in participating in any fund-raising activity, they do not place, or appear to place, themselves under an obligation as Ministers to those to whom appeals are directed (and for this reason they should not approach individuals or companies personally for this purpose). In all such cases the First Minister should be consulted. Ministers should also consider their involvement with any organisations in their role as Member of the Senedd and ensure that any advice they provide does not, or does not appear to, favour one organisation over another where Government funding is involved.

Trade unions

5.14 There is, of course, no objection to a Minister holding trade union membership but care must be taken to avoid any actual or perceived conflict of interest. Accordingly, Ministers should arrange their affairs so as to avoid any suggestion that a union of which they are a member has any undue influence; they should take no active part in the conduct of union affairs, should give up any office they may hold in a union and should receive no remuneration from a union. A nominal payment purely for the purpose of protecting a Minister’s future pension rights is acceptable. Trade Union membership should be included in the annual statement of relevant interests.

Acceptance of gifts and hospitality

5.15 It is a well established and recognised rule that no Minister should accept gifts, hospitality or services from anyone which would, or might appear to, place him or her under an obligation. The same principle applies if gifts etc are offered to a member of their family.

5.16 This is primarily a matter which must be left to the good sense of Ministers. But any Minister in doubt or difficulty over this should seek the advice of the Permanent Secretary.

5.17 Gifts given to Ministers in their Ministerial capacity become the property of the Welsh Government. However, gifts of small value, currently this is set at up to £140, may be retained by the recipient. If not retained by the Minister, gifts of small value should be handed over to Cabinet Secretariat, Cabinet Division for disposal.

5.18 Gifts of a higher value must be reported to Cabinet Secretariat, Cabinet Division. Such gifts may be purchased by the recipient for personal retention at its cash value (abated by £140). If not purchased by the Minister, gifts of a higher value should be handed over to Cabinet Division for disposal.

5.19 There is usually no customs duty or import VAT payable on the importation of official gifts received overseas. HMRC can advise on any cases of doubt. Gifts received overseas worth more than the normal travellers' allowances should be declared at importation to HM Revenue and Customs who will advise on any duty and tax liability. In general, if a Minister wishes to retain a gift he or she will be liable for any tax it may attract.

5.20 Gifts retained by Ministers do not need to be declared in the Register of Members’ Interests. Gifts given to Ministers as Members of the Senedd fall within the rules relating to the Register of Members’ Interests.

5.21 Any hospitality received above the value of £140 must be reported to Cabinet Secretariat, Cabinet Division. In the event of a Minister accepting hospitality valued below £140 but on a scale or from a source which might reasonably be thought likely to influence Ministerial action, it should be reported to Cabinet Secretariat, Cabinet Division. Any hospitality received by Ministers as Members of the Senedd falls within the rules relating to the Register of Members’ Interests.

5.22 The Welsh Government will publish an annual list of gifts and hospitality received by Ministers on behalf of the Welsh Government valued at more than £140. The list provides details of the value of the gifts and hospitality received and whether gifts were retained by the Welsh Government or purchased by the Minister.

Nomination for honours, prizes and awards

5.23 From time to time, the personal support of Ministers is requested for nominations being made for honours, prizes and awards. Ministers should not sponsor individual nominations for any awards, since it would be inevitable that some people would assume that the Welsh Government was itself thereby giving its sponsorship. Similarly, Ministers should not normally endorse bids for funding elsewhere, because of the risk of perceived favouritism. There may be exceptions to this principle when it is clearly in the interests of the Welsh Government for a project to receive ministerial support, for example in supporting a bid from an academic institution for funding from a UK Research Council.

5.24 Ministers can write letters of support for any public nomination for honours in their capacity as an MS. This should be channelled through the normal public nomination process. They may also in this capacity encourage other MSs to put forward nominations. Ministers cannot themselves nominate individuals as part of the Welsh Government honours process, but they may suggest to the Permanent Secretary names (from any walk of life) to be considered as part of that process. Any suggestions should be subject to the same due diligence as any other nominee.

References for public appointments

5.25 Ministers, like Welsh Government staff, are asked not to provide references for candidates applying for public appointments. In cases of doubt the First Minister should be consulted. The exception is where the Minister is acting entirely in a Member of the Senedd or personal capacity and this is made explicit.

Completion of surveys

5.26 Occasionally, Ministers receive requests to complete surveys or questionnaires. Ministers are asked not to do so given the difficulty of separating personal views from those of the Welsh Government. This applies even if the request has been received in a Member of the Senedd capacity.

Acceptance of appointments after leaving ministerial office

5.27 On leaving office, Ministers should still respect the need for any future appointments or roles which they take up to give no cause for any suggestion of impropriety. They are expected to abide by the business appointments procedures laid down in this respect by the First Minister and to seek, and abide by, advice given through those procedures. It is the responsibility of former ministers themselves to ensure compliance and to be accountable to the Senedd and the public.