Lawyers raise eyebrows over UK ministerial code rewrite

Prime Minister David Cameron is facing a formal legal challenge over the decision to remove 13 words from a code of conduct for UK ministers, a change which appears to water down ministerial accountability to international law.

Frederic Legrand - COMEO

Lawyers from the Gulf Centre for Human Rights (GCHR) are going after Number 10 over the decision to tweak the code that guides the conduct of UK ministers abroad. Until October last year, the code stated that ministers have an ‘overarching duty … to comply with the law including international law and treaty obligations and to uphold the administration of justice and to protect the integrity of public life.’ Now, however, all mention of international law, treaties and justice have been stripped from the passage, sparking concerns that the adjustment may shift the parameters of how UK ministers engage with the international community, possbily including their decisions on whether to engage with armed conflicts overseas.

'Contempt for international law' 

Number 10 has downplayed the change, arguing that the retained obligation to comply with ‘the law’ serves as a catch-all. However, former head of government legal services Paul Jenkins has argued that it is ‘disingenuous’ of the Cabinet Office to attempt to pass off the adjustment as nothing more than tidying up of the code’s wording. In a letter to The Guardian, Mr Jenkins accuses Number 10 of a ‘contempt for international law’ and claims that he witnessed first hand ‘the intense irritation that these words [in the code] caused the PM has he sought to avoid complying with our international legal obligations, for example in relation to prisoner voting.’ His comments lend credence to the position of GCHR lawyers, who fear that the change marks a deliberate attempt to weaken ministerial accountability to international treaties and human rights frameworks. Sources: The Guardian; BBC

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