First minister to remain ‘ultimate judge’ of ministers’ conduct

Chris Haines, ICNN Senedd reporter

First minister Eluned Morgan has confirmed she will continue to have the final say on breaches of conduct by her ministers amid concerns about a lack of independence.

Baroness Morgan announced she will establish an independent adviser on ministerial standards but she decided against giving them power to initiate their own investigations.

She wrote to the Senedd’s public accounts committee after reviewing the ministerial code, which sets out the standards expected of members of the Welsh Government.

Baroness Morgan – who decides if an investigation is warranted, including for complaints about her own conduct – said: “The purpose of the adviser is to advise me as first minister, not to be an independent regulator of adherence to the ministerial code.

‘My ministerial team are answerable to me for that, and I am answerable to the Senedd for their and my own compliance. That is as it should be.”

This is a departure from Westminster where the independent adviser on ministerial standards was given the power to initiate their own investigations in 2024. The Scottish Government has also announced plans to give its adviser similar powers.

‘Ultimate judge’

The FDA union, which represents senior civil servants, labelled the current system opaque and warned of a vast power imbalance between ministers and staff who raise a complaint.

In its written evidence, the trade union called for “independence of decision making… including whether to investigate” – a power Wales’ first minister chose to retain.

The revised ministerial code states the first minister will remain the “ultimate judge” of the standards of behaviour expected and the appropriate consequences for breaches.

Responding to the public accounts committee’s recommendations on strengthening the code, Baroness Morgan said the adviser would be guaranteed access to evidence.

But she rejected calls for own-initiative powers and concluded it was her role, not the adviser’s, to decide on the sanctions where a breach of the code has been found.

In her letter – which was published this week – she retained the option of asking the civil service to conduct an investigation instead, bypassing the independent adviser.

‘Retrograde step’

In the refreshed code, the first minister has moved the Nolan principles – seven overarching ethical standards for those in public life – from the annex to the opening pages.

Reaffirming her commitment to high standards, Baroness Morgan told the committee: “It behoves those of us who operate in the political field, and very much in the public eye, to ensure that we set an appropriate example.”

She rejected calls from campaigners to put the ministerial code onto a statutory footing, a move the UK and Scottish Governments have similarly resisted.

Transparency International, an anti-corruption organisation, has called for legal protection to ensure a future first minister cannot choose to ignore or abolish the ministerial code.

The Institute for Government said this would “reaffirm the principle that ministers are as accountable for their behaviour as the civil servants and special advisers who serve them”.

But the first minister was conscious of unintended consequences in a shift to complaints being pursued through a legal route such as judicial review. “This would be a retrograde step for Wales,” she wrote, adding that time pressures make legislation impractical.

‘Perilously low’

While calling for the “overdue” review, Mark Isherwood, who chairs the public accounts committee, said: “It’s clear the other legislatures of the UK have more robust arrangements.”

The revised code includes explicit rules on social media, personal devices and non-official communications channels, a key recommendation made by the committee. It also includes sections on bullying, harassment and ministers’ well-being.

The review follows in the wake of controversies in Cardiff Bay and Westminster, notably including the Partygate scandal which led to Boris Johnson’s downfall as prime minister.

Transparency International pointed to controversy surrounding donations to Vaughan Gething’s leadership campaign and informal messaging app use during the pandemic.

“Trust in politics is perilously low,” the nonprofit warned.

“Polling shows the majority of people believe politicians are ‘out for themselves’ and the system of government is rigged to the advantage of the rich and powerful.”