Ministerial code - Part 2: Procedural guidance for ministers

Collective responsibility

6.1 The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed, and advice offered within the Welsh Government by Ministers and by the civil service should be maintained. The internal process through which a decision has been made should not be disclosed. Decisions reached by the Cabinet are binding on all members of the Government. They are, however, normally announced and explained as the decision of the Minister concerned. On occasion it may be desirable to emphasise the importance of a decision by stating explicitly that it is the decision of the Welsh Government. Ministers also have an obligation to ensure decisions agreed in Cabinet are implemented.

6.2 Collective responsibility also applies to Deputy Ministers, and it applies to the Counsel General, subject to the Counsel General’s independence in certain functions, as explained below (see paragraphs 6.17- 6.23).

Cabinet business

6.3 The business of the Cabinet consists, in the main, of matters which significantly engage the collective responsibility of the Welsh Government, because they raise major issues of policy, taxation, the constitution or because they are of critical importance to the public.

6.4 Matters wholly within the responsibility of a single Minister and which do not significantly engage collective responsibility need not be brought to the Cabinet unless the Minister wishes to inform his colleagues or to have their advice. No definitive criteria can be given for issues which engage collective responsibility. Cabinet Office can advise, however the final decision rests with the First Minister.

6.5 Issues should not be brought to Cabinet until there has been appropriate consultation with Ministers with a direct portfolio interest and their views have been fully reflected in the paper. Questions involving more than one Minister which require collective consideration in the Cabinet should be examined by the officials concerned before submission to the lead Minister so that the decisions required may be clearly defined. When there is a difference between Ministers, it should not be referred to the Cabinet until other means of resolving it have been exhausted including discussions between the Ministers concerned. The Cabinet Office will have a key role in this work.

6.6 All Cabinet papers are circulated to all Cabinet members. However, prior to that it is essential that they are seen and, if necessary, discussed in draft by those Ministers whose portfolios are directly affected. This includes in particular the Minister responsible for Finance and the Minister responsible for Welsh Government Business. They must also be based on full legal advice from the Legal Services Department in consultation with the Counsel General, and include a proper appraisal of any financial implications. Cabinet papers must not contain any unresolved financial issues. Cabinet Secretariat will, with the First Minister’s agreement, decline to circulate papers which do not meet these requirements, with the result that discussion of that item will be deferred. Ministers should bear these points in mind when clearing papers for circulation.

Cabinet correspondence

6.7 The First Minister will need to approve all Cabinet correspondence before being issued by the lead Minister’s Private Office.

Cabinet meetings

6.8 Cabinet meetings take precedence over all other business although it is understood that there may occasionally be exceptional circumstances (e.g. Senedd business or business overseas) which mean that a Minister may have to be absent. Requests by Ministers for permission to be absent from Cabinet should be made only in such exceptional circumstances and should be made at the earliest opportunity in writing to the First Minister.

6.9 Guidelines on the conduct of Cabinet business are set out in separate guidance. Cabinet agendas are planned in advance as far as possible, to enable them best to meet the strategic development of Ministers’ policy commitments. However, there will also be occasions when short-term and/or urgent issues need to be brought to Cabinet. In either case, Ministers' private secretaries should alert the First Minister’s Office and Cabinet Office at the earliest possible opportunity when a discussion is likely to be needed.

6.10 Other than in cases of exceptional urgency, all discussions in Cabinet should take place on the basis of a paper which has been circulated to all Ministers in advance. This allows informed discussion by all present and also ensures that the issues are properly placed on the record. Papers may appear in a Minister’s name or (with a Minister’s consent) that of officials, but the latter approach should only be adopted for technical papers which do not directly raise political issues. All Cabinet papers should be provided to Cabinet Secretariat for circulation no later than the Thursday afternoon preceding each meeting.

6.11 Where the urgency of an issue precludes the circulation of a paper, Ministers may raise it as an oral item. However, discussion of such issues is necessarily more constrained than if supported by a paper, and it is not generally appropriate if an informed decision is needed. Private Secretaries should alert the First Minister’s office and Cabinet Secretariat to oral items their Minister intends to raise as far in advance of the meeting as possible. The First Minister will only consider accepting AOB items when asked more than 24 hours before Cabinet.

6.12 Cabinet papers should be as clear and as brief as possible. They should not normally exceed four pages at most, and Cabinet Secretariat may not accept an over-long paper for circulation. Issues which cannot be covered in such a paper will probably not have justice done to them in the limited time available in Cabinet in any event. In such cases, Ministers may wish to deal with the issue in correspondence instead. Ministers should ensure that these principles are followed and that, where necessary, papers submitted to them are revised accordingly. Cabinet Secretariat can provide detailed help to officials in each case.

Cabinet conclusions and minutes

6.13 Cabinet agendas, papers and minutes are published six weeks after the meeting to which they relate. On occasion, Cabinet papers, or extracts thereof, can be withheld from publication. Ministers should indicate when submitting a paper if they consider it, or part(s) of it, to be exempt for publication.

Confidentiality of documents, etc.

6.14 Ministers relinquishing office should hand back to the Welsh Government any Cabinet documents and/or other official papers in their possession.

6.15 On a change of administration, the outgoing First Minister issues specific instructions about the disposal of the Cabinet papers of the outgoing Cabinet.

Access by former ministers to official papers

6.16 By convention and at the Government’s discretion, former Ministers are allowed reasonable access to the papers of the period when they were in office. With the exception of former First Ministers, access is limited to former Ministers personally. Subject to compliance with the “Radcliffe” Rules (paragraph 8.10), former Ministers may have access to copies of Cabinet papers which were issued to them when in office, and access in the relevant department to other official papers which they were known to have handled at the time.

The Counsel General

6.17 The Counsel General is not a Welsh Minister but is a member of the Welsh Government. The Counsel General may attend and participate in a Cabinet meeting by invitation of the First Minister. The Counsel General is the final and authoritative legal adviser to the Welsh Government and oversees representation of the Welsh Government in the courts. In cases where the Counsel General is not a Member of the Senedd they may nevertheless participate in Senedd proceedings to the extent permitted by Standing Orders (but may not vote) and are accountable to the Senedd for the exercise of functions conferred directly on the Counsel General. These include the power to undertake legal proceedings for the promotion or protection of the public interest, to refer to the courts questions concerning the legislative competence of the Senedd or to participate in proceedings for the determination of devolution issues. The Counsel General will also be the usual representative of the Welsh Government in exchanges with the UK law officers and/or law officers of the other devolved administrations.

6.18 It will be appropriate to seek the Counsel General’s opinion on certain legal questions, typically, those of greatest legal complexity, or political controversy or sensitivity, or which have the widest implications. The Counsel General’s opinion should be sought via a reference from the Director of Legal Services. Whilst in exceptional situations, it may be necessary and appropriate for a Minister to seek the Counsel General’s view directly, any formal written advice from the Counsel General must be sought on instruction from the Director of Legal Services. The Counsel General’s opinion, or advice from the Legal Services Department, must be sought in good time before the Welsh Government is committed to critical decisions involving legal considerations.

6.19 Written opinions of the Counsel General, unlike certain other Ministerial papers, are generally made available to succeeding Administrations. The fact that the Counsel General has advised (or has not advised) and the content of advice given by the Counsel General must not be disclosed outside the Welsh Government without the authority of the Counsel General.

6.20 Where a prosecution function is vested in the Counsel General, that function is to be exercised by them independently of the Welsh Government. Other members of the Welsh Government must not interfere in, or be involved in any way with, the exercise of such a function.

6.21 Where a prosecution function is vested in the First Minister, or the Welsh Ministers, that function will normally be exercised by Welsh Government staff, in accordance with the Permanent Secretary’s Arrangements, liaising with the Counsel General.

6.22 In relation to civil proceedings, the Counsel General must protect the interests of the Welsh Government where they are acting on behalf of the Welsh Ministers, or the First Minister, in a representative capacity.

6.23 Where the Counsel General is acting under section 67 of the Government of Wales Act 2006 (or exercising any other function vested in the Counsel General of protecting or promoting the public interest), the Counsel General acts independently of the Welsh Government. The same applies where the Counsel General is exercising a function under s.112 of the Government of Wales Act 2006 (scrutiny of Bills). However, before taking any such action, the Counsel General should inform the First Minister and the relevant Welsh Minister appointed under section 48 of the Government of Wales Act 2006.

Legal proceedings involving ministers

6.24 Ministers occasionally become engaged in legal proceedings primarily in their personal capacities but in circumstances which may have implications for them in their official positions. Defamation is an example of an area where proceedings will invariably raise issues for the Minister’s official as well as their private position. In all such cases they should consult the Counsel General before consulting their own solicitors, in order to allow the Counsel General to express a view on the handling of the case so far as the public interest is concerned.

6.25 As regards the timing of an approach to the Counsel General the following should be applied:

1. a Minister should consult the Counsel General as soon as they are minded to threaten legal proceedings or to take any action – for example, writing a hostile letter – which might be perceived as being the first step towards litigation. They should certainly consult the Counsel General before instructing solicitors to commence legal proceedings, and ideally before making any approach to solicitors
2. Similarly, when a Minister is a defendant in an action, they should notify the Counsel General as soon as possible. Preferably, this should be before they have instructed their own solicitors in the matter but, in any event, the Counsel General should be notified as soon as the Minister is aware that legal proceedings are threatened
3. it is not necessary for the Counsel General to be consulted before a Minister seeks legal advice on a matter, provided that the Minister at that time has no intention to commence proceedings and there is no indication that proceedings are to be commenced against them
4. a Minister may become involved in proceedings other than as a party – for example, if they are a witness in proceedings. A Minister who agrees to volunteer a statement for one side rather than another in such a case may, for example, inadvertently give the appearance that the Crown is backing one side in private litigation. More seriously, acting as witness may carry a risk that the Minister is asked to disclose sensitive information or documents for which public interest immunity should be claimed, and in those circumstances the Counsel General needs to be alerted to that possibility from the outset. In these circumstances, the Minister should inform the Counsel General as soon as they are aware of his or her potential involvement in the proceedings.

Use of corporate communication channels

6.26 Ministers should use Government systems for all Government business. Any communication on Government business engages Ministers’ obligations to ensure accurate public records are kept.

Use of generative artificial intelligence tools

6.27 Ministers should follow the most up to date organisational guidance on the use of Artificial Intelligence tools for government business.

Welsh Government statements and other Welsh Government announcements

7.1 Ministers have a duty to the Senedd to account, and be held to account, for their policies, decisions, or actions. It follows therefore that Ministers should ordinarily make statements to the Senedd in relation to important announcements.

7.2 Ministers’ proposals for Government business including debates and oral statements should be submitted to Cabinet Secretariat for scheduling and agreeing with the Minister responsible for Government Business.

7.3 Ministers should not give undertakings, either in or outside the Senedd, that an oral statement will be made to the Senedd on any subject at a specific time or within a particular period until agreement has been given by the First Minister and the Minister with responsibility for Government Business to the proposed timing, and by the Ministers concerned to the terms of the statement.

7.4 Copies of the final version of such statements should be sent to the Private Secretaries to the First Minister and the Minister with responsibility for Government Business and to the Permanent Secretary's Office, the Head of Cabinet Division, the Private Secretary to the Special Advisers, Cabinet Secretariat and the Press Office as soon as they are available.

7.5 A copy of the text of any oral statement should normally be passed to the opposition parties one hour before it is made, in line with the agreed protocol. For this purpose the final text must reach the office of the Minister with responsibility for Government Business at least one and a half hours before the statement is due to be made.

7.6 The office of the Minister with responsibility for Government Business will arrange for a copy of the final text of an oral statement to be sent in advance to the Presiding Officer.

7.7 Copies of any Ministerial statement to be made in the Senedd, marked "check against delivery", and of any document being published by means of the statement should be passed to Cabinet Secretariat which will arrange for these to be sent to all Members of the Senedd as the Minister rises to deliver the statement.

7.8 Every effort should be made to avoid leaving significant announcements to the last day before a Recess. However, Ministers continue to exercise their functions and make decisions throughout recess periods, and it is appropriate therefore that Written Statements are issued in respect of relevant decisions and announcements in order to keep Members of the Senedd informed.

Government Senedd Bills

7.9 Ministers should not give undertakings either in or outside the Senedd to introduce a Senedd Bill on any issue without the prior agreement of the Cabinet. Ministers should not give undertakings, either in or outside the Senedd, that a Senedd Bill will be introduced at a specific time or within a particular period without the agreement of the First Minister and the Minister with responsibility for Government Business.

7.10 Ministers responsible for Senedd Bills being introduced in the Senedd should ensure that the Senedd Bill is accompanied by a clear, informative and comprehensive Explanatory Memorandum setting out the information as required by the Senedd’s Standing Orders. The Senedd Bill must be cleared by the First Minister and Counsel General, and the accompanying Explanatory Memoranda must be cleared by the First Minister, prior to being introduced.

Supply of publications

7.11 The Minister with responsibility for Government Business is responsible for presenting items of the Government’s Plenary business to the Table Office in accordance with Standing Order 7.21. Where a motion refers to one or more documents, they must have been made available to Members in advance.

Financial resolutions

7.12 All motions for Financial Resolutions under Standing Orders will be tabled in the name of the Minister responsible for bringing the legislation forward (i.e. the Member in Charge). They will be responsible for securing Senedd approval for the Resolution.

Ministerial availability

7.13 It is expected that Ministers' commitments in the Senedd will normally take precedence over other engagements, and it is each Minister's responsibility to ensure that requests for absence from the Senedd are submitted and cleared in advance by the First Minister and the Minister with responsibility for Government Business.

7.14 Ministers who wish to take parental leave (of up to 6 months), or other extended absence from Government, must seek the permission of the First Minister. Where the First Minister agrees to such a request, the Minister must not exercise their functions as a Minister during their period of absence unless this is agreed by the First Minister and the Minister who is temporarily covering the Ministerial responsibilities.

Membership of cross-party groups

7.15 In order to avoid any conflict of interest, Ministers must not take up membership of any Cross-Party Groups. On taking up office, they should relinquish membership of any such groups of which they are, at that time, a member.

Appearing before a select committee of the UK Parliament

7.16 A Select Committee of the UK Parliament may invite a Welsh Minister to attend and give evidence at one of its meetings. Welsh Ministers will decide whether to accept such invitations and if they agree may provide the Committee with relevant information about Welsh Government policy and practice. In these circumstances the First Minister should be kept informed.

Communication of policy

8.1 Ministers may communicate their announcements, activities and policy positions via all Welsh Government channels, such as press releases, social media feeds, campaign material and the GOV.WALES website. However, these must not be used to carry any content which is, or could be construed to be, party political in nature. Ministers may comment on the actions of other administrations in the United Kingdom, but this should not be done in a party-political way when Welsh Government channels are used. The conventions governing the work of the Welsh Government Communications Service are set out in GCS 'Propriety Guidance - Guidance on Government Communications' and Ministers should ensure this is upheld at all times.

8.2 In order to ensure the effective coordination of Cabinet business, the policy content and timing of all major announcements, speeches, press releases and new policy initiatives should be cleared in draft with the First Minister. All decisions on major interviews and media appearances, both print and broadcast, should be made in consultation with the First Minister’s office.

Publication of consultation papers

8.3 Before publishing a consultation paper the Minister should consider whether it raises issues which require full collective consideration, and therefore requires the clearance of the Cabinet (see Chapter 6). Any consultation paper containing a major statement of policy should be circulated to the Cabinet before publication.

8.4 Except where such consultation papers are of a routine character or of minor importance, the timing of their publication is governed by similar considerations to those applying to announcements made to the Senedd.

Speeches

8.5 In all cases, other than those described in paragraphs 4.7 and 4.8, the principle of collective responsibility applies. Ministers should ensure that their statements are consistent with collective Welsh Government policy. Ministers should take special care in referring to subjects which are the responsibility of other Ministers.

8.6 Ministers must only use government channels, including social media, for distributing texts of speeches relating to Government business. Speeches made in a party political context should not be distributed via government channels.

8.7 Ministers should not accept payment for speeches or media articles of an official nature or which directly draw on their responsibilities or experience as Ministers or with a view to donating the fee to charity. If the organisation in question insists on making a donation to a charity then it should be a charity of the organisation’s choice. This is to avoid any criticism that a Minister is using his or her official position to influence or take the credit for donations to charity.

Radio, television and online broadcasts by ministers

8.8 Ministers invited to broadcast on radio, television and/or webcasts in a political or private capacity should consider if such a broadcast would have a bearing on another Minister’s responsibilities, in which case they should clear the matter with the First Minister before agreeing to the invitation.

Press articles

8.9 Ministers may contribute to a book, journal or newspaper, including a local newspaper in their constituency, provided that publication will not be at variance with their obligations to the Senedd and their duty to observe the principle of collective Ministerial responsibility. No payment should be accepted for such articles. Any Minister wishing to undertake regular journalism or media work in any form, must have the prior approval of the First Minister.

Books and memoirs

8.10 Ministers may not, while in office, write and publish a book or other account of their Ministerial experience. Nor, while serving as a minister, may they enter into any agreement to publish their memoirs in any form on leaving their ministerial position. Former ministers intending to publish their memoirs, or otherwise to give an account of their ministerial experience through written or other media, are required to submit the draft manuscript or script in good time before publication or release to the Permanent Secretary and to conform to the principles set out in the Radcliffe Report of 1976 (Cmnd 6386). In particular, former ministers must refrain from publishing information destructive of the confidential relationships of Ministers with each other or between Ministers and officials.

Research interviews

8.11 Ministers are sometimes asked to give interviews relating to academic research. Ministers should bear in mind the possibility that their views may be reported in a manner incompatible with their responsibilities and duties as members of the Welsh Government and such interviews should normally be declined, but Ministers may refer these individuals via their Private Office to officials, who may engage as appropriate.

Complaints

8.12 Ministers who wish to make a complaint against a journalist or a particular section of the media to the appropriate regulator must have the approval of the First Minister.

Statistics

8.13 Ministers need to be mindful of the UK Statistics Authority’s Code of Practice which defines good practice in relation to official statistics, observance of which is a statutory requirement on all organisations that produce National Statistics in accordance with the provisions of the Statistics and Registration Service Act 2007.

8.14 Ministers also need to have regard to the Pre-Release Access to Official Statistics (Wales) Order 2009 which places conditions on access to official statistics in their final form, including limiting access ahead of publication. The Order requires Ministers to restrict pre-release access to a minimum number of persons and prohibits any statement or comment to the press ahead of release of the statistics.

Social media

8.15 Official government channels, including social media should be the primary means of communicating Government policy. However, should Ministers wish to engage with others using their personal, non-government social media, to defend or promote Government policy, they should do so with great care. At all times Ministers should be mindful of their obligation to maintain collective Cabinet responsibility and not depart from existing policy at any time. In any use of social media, whether in a constituency or Ministerial capacity, Ministers must express views and respond to other users with moderation at all times and with regard to the reputation and good standing of the Welsh Government.

9.1 When arranging travel within or outside the UK, Ministers and civil servants should always bear in mind the principles of sustainability and the goal of reducing carbon footprints wherever possible, particularly following the declaration of a climate emergency. The most appropriate mode of transport should be considered for each visit, with environmental considerations always at the forefront.

Ministers’ visits overseas

9.2 Overseas visits should not normally be made while the Senedd is in session. Ministers should arrange such visits in the Recess or, where appropriate, on days when no Senedd business is scheduled, except where there are compelling reasons of Welsh Government business. In particular, overseas visits which are largely of a fact-finding kind should be reserved for the Senedd Recess. Moreover, in planning overseas visits Ministers should take account of the fact that Cabinet meetings take precedence over all other business. Sufficient Ministers must also be available during Recesses to ensure effective conduct of Welsh Government business, and it may be necessary for this reason to restrict or reconsider absences abroad.

9.3 The International Relations and Trade Department (IR&T) should be informed as soon as any overseas visit is contemplated (for example, whenever an invitation is received). It will be responsible for consulting the Foreign, Commonwealth and Development Office (FCDO) where appropriate, and feeding back its views. IR&T should thereafter be kept fully involved in making arrangements for the visit.

9.4 Any Minister who wishes to be absent from the United Kingdom for any reason must seek the First Minister’s written approval. This must be done before any commitment is made. In the case of official visits, the business case seeking approval should include the reasons for the visit and a list of the countries to be visited, the cost, and a list of the officials who will be accompanying the Minister. Ministers should also indicate what the benefits of the visit would be. Copies of the business case should be sent to the Minister with responsibility for Welsh Government Business and the Director for International Relations and Trade.

9.5 Ministers planning visits outside the United Kingdom on Member of the Senedd or other non-Ministerial business, or on holiday, should consider notifying IR&T in advance. Notification will enable IR&T to provide any information or advice (eg in relation to political or security sensitivities) which they feel may be beneficial to the Minister and to advise FCDO Posts that a Government Minister is ‘on their patch’ albeit in a non-Ministerial capacity.

9.6 The First Minister’s prior written approval is required for any official visit overseas by a special adviser or where it is proposed that a Minister should be accompanied on any official visit overseas by his or her spouse or partner or by an unpaid official.

9.7 No preparations, however tentative, should be made for overseas visits before consulting IR&T. Arrangements for official Ministerial visits should invariably be made in close collaboration with the diplomatic post concerned.

9.8 Ministers should make it their personal responsibility to approve the size and composition of proposed Ministerial delegations for which they are responsible, prior to seeking the approval of the First Minister. Cabinet Division will retain a comprehensive and central record of overseas travel by Ministers. Annually, a list will be published of all travel overseas by Ministers costing more than £500 per trip, together with the total cost of all Ministers’ visits overseas. Ministers should give a lead in keeping down the size of parties of visitors by keeping their own parties as small as possible.

9.9 Following all official visits overseas, Ministers should consider a written statement to the Senedd.

9.10 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 the department as soon as possible after the event.

Relations with other governments

9.11 Ministers should remember the importance of sending to the First Minister a note of the salient points of any discussions which they may have with representatives of foreign or Commonwealth countries or regions. This applies to informal discussions as well as those held in the course of official business. The note should be copied to IR&T which will ensure that the Foreign, Commonwealth & Development Office are briefed as appropriate. Ministers should note that this equally applies if such contacts are made while on holiday in the country concerned (and if Ministers intend making such contact, they must seek the views of the First Minister before travelling).

Visits by Commonwealth or foreign ministers

9.12 Ministers should consult the First Minister before extending invitations to Ministers in other national or regional governments to pay official visits to Wales. Relevant officials should also inform IR&T about all visits, which become known to them, whether private or official, by Ministers in other governments or by any other person of equivalent status. It will be for the First Minister to decide whether to consult the Foreign, Commonwealth & Development Office before inviting Ministers from foreign and commonwealth countries to Wales.

Hospitality overseas

9.13 Whether at home or overseas, Ministers should not overlook the possible foreign policy implications of such day-to-day matters as offering hospitality to overseas political figures visiting this country, accepting social commitments of a similar kind, giving public support for petitions, open letters, etc. Such actions may be construed as significant by foreign observers even where the nature of the contact is informal. In any case of doubt Ministers should ask IR&T to consult the Foreign, Commonwealth & Development Office before making any commitment. In addition, the Foreign, Commonwealth & Development Office should be consulted whenever a Minister, in his or her formal Ministerial capacity, intends to make a speech touching on matters affecting foreign and Commonwealth affairs.

9.14 If it is thought that a Minister may need to provide hospitality while overseas, the advice of IR&T should be sought, who will consider whether the Foreign, Commonwealth & Development Office should be consulted, both on the desirability and on the form of such entertainment.

Ministers recalled from abroad

9.15 If a Minister is abroad with permission and is called home for Welsh Government or Senedd reasons - including to vote - the cost of the extra journey back and forth may be met by public funds.

Ministers’ visits within the United Kingdom

9.16 Ministers who are planning official visits to England, Scotland and Northern Ireland which would involve a public engagement should inform the First Minister. In the case of visits in England, the relevant Secretary of State should be informed; as should the First Minister in Scotland and the First and Deputy First Minister in Northern Ireland. Ministers should also inform the Lord Chancellor and Secretary of State for Justice about any planned visits to the Channel Islands or the Isle of Man. In addition, Ministers wishing to visit a UK government establishment in Wales or elsewhere not sponsored by the Welsh Government (eg the barracks of a unit of the Armed Forces) should advise the sponsor Department in advance.

9.17 It is the custom for a Minister when preparing to make a visit of a public nature within Wales to inform the Members of the Senedd for the region, the Senedd constituency Member and the MP for the area. Special care should be taken not to overlook this courtesy, though judgement should be applied when it comes to potential security risks. Ministers cannot invite MSs or MPs to accompany them to functions organised by a third party, but adequate notice to the relevant MSs or MP will enable them to ensure that they have an opportunity to request invitations from local organisers to functions of an official nature, should they wish to attend. Similar information should be provided when Ministers are visiting other parts of the UK, including to the relevant Members of the Scottish Parliament or Northern Ireland Assembly.

Expenses on travel and subsistence

9.18 In planning their official travel and subsistence arrangements, Ministers should adhere to the guiding principles set out below:

1. Propriety: Official transport should not be used, nor expenses claimed, for travel arrangements or hospitality arising from Party, private or other non-Ministerial business, except where this is justified on security grounds.
2. Efficient use of resources: The availability of some services such as official cars has to be limited, and Ministers should bear in mind the need to use them efficiently.
3. Cost consciousness: The cost of alternative arrangements should be considered before decisions involving substantial costs are made. In particular this will be a consideration where special flights are being considered as an alternative to scheduled services. This principle should also be borne in mind when considering accommodation arrangements.
4. Security: Ministers should keep security risks in mind at all times, particularly when travelling by car.
5. Public accountability: Individual Ministers are responsible for justifying their actions and decisions to the Senedd. They will wish to be satisfied that their arrangements could be defended in public.

9.19 In using official cars and travelling by rail or air, Ministers must always make efficient and cost-effective travel arrangements. When Ministers travel on official business, their travel expenses should normally be borne by Cabinet Division. When any expenses are not met in this way, Ministers will wish to ensure that no undue obligation is, or could be perceived to be, involved.

Use of official cars

9.20 Official cars will be made available to Ministers and the Counsel General. They will also be made available to the Permanent Secretary. Ministers should use an official car for any purpose (other than party, private or non-Ministerial business) which will secure a saving of time.

9.21 Ministers are permitted to use an official car for home to office journeys during the week or at weekends on the understanding that they will be working on Welsh Government business and carrying Ministerial papers during the journey. In terms of longer journeys, Ministers will need to be mindful of the wellbeing of drivers and other staff travelling in the car and allow them to take adequate rest and meal breaks.

9.22 When travelling on official business a Minister may use a private car instead of an official car and claim mileage allowance in the same circumstances and on the same terms as Welsh Government civil servants.

9.23 Subject to the general rules set out in this Code, a Minister’s spouse or civil partner may use the car when accompanying the Minister on official engagements. Official cars may not normally be used by the spouses or civil partners or other family members of Ministers in connection with private or political functions or engagements.

9.24 The First Minister has a dedicated car and driver. Other Ministers have first call on the remaining official cars, followed by the Counsel General and the Permanent Secretary.

Rail travel

9.25 Ministers qualify for first class travel.

Air travel

9.26 Ministers have discretion to use civil scheduled flights in this country and abroad if they consider that this will save time. When booking flights, the principles of cost consciousness and security should be borne in mind.

9.27 All air travel by Ministers should reflect the cost of carbon emissions at an appropriate rate, with the proceeds directed to international development projects that are consistent with Ministers' objectives for sustainable development. Advice on how this will be met should be included in the business case on the journey submitted to the First Minister.

9.28 Ministers may travel Business Class where available on an aircraft.

9.29 Frequent flyer or other benefits earned through travel paid for from public funds, other than where they are de minimis (for example, access to special departure lounges or booking arrangements which go with membership of regular flier clubs), should be used only for official purposes or else foregone. However, if it is impracticable to use the benefits for Welsh Government travel, there is no objection to Ministers donating them to charity if this is permissible under the terms of the airline’s scheme and the charity is one chosen by the airline.

Flights in privately-chartered aircraft

9.30 Flights in privately-chartered aircraft may be authorised when a scheduled service is not available, when it is essential to travel by air but the requirements of Welsh Government business, security considerations or urgency preclude the journey being made by a scheduled service. Approval for such flights will only be given in exceptional circumstances where it can be demonstrated that there is no other alternative and should be sought from the First Minister.

Travelling expenses of spouses/partners

9.31 The expenses of a Minister’s spouse or partner when accompanying the Minister on official duties may occasionally be paid from public funds, if it is clearly in the public interest that they should accompany the Minister. The First Minister’s prior approval is always required.

Travelling expenses of special advisers

9.32 If necessary, a Minister may take a Special Adviser on an overseas visit at public expense provided that it is clearly in the public interest that they should accompany the Minister. The written approval of the First Minister should be obtained before a Special Adviser accompanies a Minister overseas.

Offers of hospitality, gifts, etc.

9.33 Detailed rules on the acceptance of gifts, services and hospitality can be found in chapter 5. As a general rule, Ministers should not offer gifts or initiate an exchange. While this chapter makes clear that no Minister or member of their family should accept a gift from anyone which would, or might appear to, place him or her under an obligation, there may be difficulty in refusing a gift from another government (or organisation) without the risk of apparent discourtesy. On the other hand the acceptance of a gift or the knowledge that one will be offered may in some countries and in some circumstances entail the offer of a gift in exchange. In deciding whether to accept gifts from, or offer gifts to, members of other governments (or organisations), Ministers should wherever possible consult the Director for International Relations & Trade if they are in any doubt about the matter.

9.34 Accepting offers of free travel can be misinterpreted. However, an offer to a Minister on official business to accompany a representative of a host foreign government may be acceptable, provided it creates no undue obligation, and if it offers a saving of official time or provides an opportunity to conduct official business. Offers of transport from other organisations should not normally be accepted, except where provided as an integral part of a tour of inspection. In exceptional cases such an offer may be accepted if this would represent a saving of official time and there is no risk of an undue obligation being created. In these cases, if the journey is of any significant distance, the organisation concerned should be reimbursed from the public purse to the value of a scheduled business class ticket. In any cases of doubt, the First Minister should be consulted.