Code of Conduct for Special Advisers
1. As set out in the Ministerial Code, the employment of special advisers
adds a political dimension to the advice and assistance available to
Ministers while reinforcing the political impartiality of the permanent
Civil Service by distinguishing the source of political advice and support.
2. Special advisers are employed to help Ministers on matters where the
work of Government and the work of the Government Party overlap and where
it would be inappropriate for permanent civil servants to become involved.
They are an additional resource for the Minister providing assistance from
a standpoint that is more politically committed and politically aware than
would be available to a Minister from the permanent Civil Service.
3. The sorts of work a special adviser may do if their Minister wants it
are:
i. reviewing papers going to the Minister, drawing attention to any aspect
which they think has party political implications, and ensuring that
sensitive political points are handled properly. They may give assistance
on any aspect of departmental business, and give advice to their Minister
when the latter is taking part in party political activities;
ii. “devilling” for the Minister, and checking facts and research findings
from a party political viewpoint;
iii. preparing speculative policy papers which can generate long-term
policy thinking within the Department, including policies which reflect the
political viewpoint of the Minister's Party;
iv. contributing to policy planning within the Department, including ideas
which extend the existing range of options available to the Minister with a
political viewpoint in mind;
v. liaising with the Party, to ensure that the Department's own policy
reviews and analysis take full advantage of ideas from the Party, and
encouraging presentational activities by the Party which contribute to the
Government's and Department's objectives;
vi. helping to brief Party MPs and officials on issues of Government
policy;
vii. liaising with outside interest groups including groups with a
political allegiance to assist the Minister's access to their
contribution;
viii. speechwriting and related research, including adding party political
content to material prepared by permanent civil servants;
ix. representing the views of their Minister to the media including a Party
viewpoint, where they have been authorised by the Minister to do so;
x. providing expert advice as a specialist in a particular field;
xi. attending Party functions (although they may not speak publicly at the
Party Conference) and maintaining contact with Party members;
xii. taking part in policy reviews organised by the Party, or officially in
conjunction with it, for the purpose of ensuring that those undertaking the
review are fully aware of the Government's views and their
Minister's thinking and policy.
Status and conduct as temporary civil servants
4. Special advisers are temporary civil servants appointed under Article 3
of the Civil Service Order in Council 1995. They are exempt from the
general requirement that civil servants should be appointed on merit and
behave with impartiality and objectivity so that they may retain the
confidence of future governments of a different political complexion. They
are otherwise required to conduct themselves in accordance with the Civil
Service Code, attached at Annex A. As set out in the Ministerial Code, all
appointments of special advisers require the prior written approval of the
Prime Minister, and no commitments to make such appointments should be
entered into in the absence of such approval. Their appointment ends at the
end of the Administration which appointed them or when the appointing
Minister leaves the Government or moves to another appointment. The
responsibility for the management and conduct of special advisers,
including discipline, rests with the Minister who made the appointment. It
is, of course, also open to the Prime Minister to terminate employment by
withdrawing his consent to an individual appointment.
5. Special advisers should conduct themselves with integrity and honesty.
They should not deceive or knowingly mislead Parliament or the public. They
should not misuse their official position or information acquired in the
course of their official duties to further their private interests or the
private interests of others. They should not receive benefits of any kind
which others might reasonably see as compromising their personal judgement
or integrity. They should not without authority disclose official
information which has been communicated in confidence in Government or
received in confidence from others. The principles of public life set down
by the Committee on Standards in Public Life, at Annex B, provide a
framework for all public servants.
6. Special advisers should not use official resources for party political
activity. They are employed to serve the objectives of the Government and
the Department in which they work. It is this which justifies their being
paid from public funds and being able to use public resources, and explains
why their participation in party politics is carefully limited. They should
act in a way which upholds the political impartiality of civil servants and
does not conflict with the Civil Service Code. They should avoid anything
which might reasonably lead to the criticism that people paid from public
funds are being used for party political purposes.
Relations with the Permanent Civil Service
7. In order to provide effective assistance to Ministers, special advisers
should work closely with the ministerial team and with permanent civil
servants, and establish relationships of confidence and trust. Special
advisers may, on behalf of their Ministers:
i. convey to officials Ministers' views and work priorities, including
on issues of presentation. In doing so, they must take account of civil
servants' workloads and any priorities Ministers have set;
ii. request officials to prepare and provide information and data,
including internal analyses and papers;
iii. hold meetings with officials to discuss the advice being put to
Ministers.
But special advisers must not:
iv. ask civil servants to do anything which is inconsistent with their
obligations under the Civil Service Code;
v. behave towards permanent civil servants in a way which would be
inconsistent with the standards set by the employing department for conduct
generally;
vi. have responsibility for budgets or involvement in the award of external
contracts;
vii. suppress or supplant the advice being prepared for Ministers by
permanent civil servants although they may comment on such advice.
8. Where any permanent civil servant has concerns about any request coming
from a special adviser, they should discuss that concern with their line
manager, the special adviser concerned, the Minister's Principal
Private Secretary or their Permanent Secretary. If a civil servant feels
for whatever reason that he or she is unable to do this then they may wish
to raise the concern with departmental nominated officer(s) within the
department or direct with the Head of the Home Civil Service or the Civil
Service Commissioners.
9. In order to enable special advisers to work effectively, departments may
allocate permanent civil servants to provide support of a non-political
nature. Special advisers should not be involved in issues affecting a
permanent civil servant's career such as recruitment, promotion, reward
and discipline, though their views may be sought as an input to performance
appraisals provided these are written by permanent civil servants.
Contacts with the media
10. Special advisers are able to represent Ministers' views on
Government policy to the media with a degree of political commitment that
would not be possible for the permanent Civil Service. Briefing on purely
party political matters must be handled by the Party machine.
11. All contacts with the news media should be authorised by the appointing
Minister and be conducted in accordance with the Guidance on Government
Communications.
12. Special advisers must not take public part in political controversy
whether in speeches or letters to the Press, or in books, articles or
leaflets; must observe discretion and express comment with moderation,
avoiding personal attacks; and would not normally speak in public for their
Minister or the Department.
Relations with the Government Party
13. Special advisers provide assistance to Ministers on the development of
Government policy and its presentation. It is in these two areas of
activity that Government and Party may overlap.
14. The Civil Service has no monopoly of policy analysis and advice. The
Government takes account of views from many sources of which the Government
Party is legitimately one. Although public funds and resources must not be
used to support the contribution of such views, the Government may need to
liaise with the Party, as it does with others, to obtain a full and
accurate understanding of the Party's policy analysis and advice.
15. The Government needs to present its policies and achievements to the
public in order to aid understanding and so maximise the effectiveness of
its policies, and this is a legitimate use of public funds and resources.
It would be damaging to the Government's objectives if the Party took a
different approach to that of the Government, and the Government therefore
needs to liaise with the Party to make sure that Party publicity is
factually accurate and consistent with Government policy. To secure this
consistency, the Government will also want to make sure that Party MPs and
officials are briefed on issues of Government policy.
16. In providing a channel of communication in these areas of overlap,
special advisers paid from public funds have a legitimate role in support
of the Government's interest, which they can discharge with a degree of
party political commitment and association which would not be permissible
for a permanent civil servant. In all contacts with the Party, special
advisers must observe normal Civil Service rules on confidentiality unless
specifically authorised, in a particular instance, by their appointing
Minister.
17. Special advisers must not take part in the work of the Party's
national organisation. Most special advisers will resign on the
announcement of a General Election. Those who remain in office to work on
Government business must take special care to ensure that they do not use
official resources for Party political purposes or take any active part in
the Election campaign.
18. Subject to the rules on involvement in political activities (paragraphs
19 to 23), where a special adviser wishes to undertake work for a political
party which does not arise out of Government business they may do this
either in their own time, outside office hours, or under a separate
contract with the Party, working part-time for the Government (subject to
paragraph 17 above). Detailed rules on their involvement in political
activities are set out below.
Involvement in politics in a private capacity: national political
activities
19. Special advisers must not take part in national political activities,
which are: holding, in a party political organisation, office which
impinges wholly or mainly on party politics in the field of Parliament, the
Scottish Parliament, the National Assembly for Wales, the Northern Ireland
Assembly or the European Parliament; speaking in public on matters of
national political controversy; expressing views on such matters in letters
to the Press, or in books, articles or leaflets; being announced publicly
as a candidate or prospective candidate for Parliament, the Scottish
Parliament, the National Assembly for Wales, the Northern Ireland Assembly
or the European Parliament; and canvassing on behalf of a candidate for the
institutions or on behalf of a political party.
20. In particular:
i. before a special adviser is publicly identified as a candidate or
prospective candidate for Parliament, the Scottish Parliament, the National
Assembly for Wales, the Northern Ireland Assembly or the European
Parliament, either by adoption by a political party or in any other way,
he/she must first resign their appointment (1);
ii. if they wish to take part in a General, European or by-election
campaign, or to help in a party headquarters or research unit during such a
campaign, they must first resign their appointment. If they wish their
appointment to carry on during a campaign, they may continue to give
assistance to their Minister as before, but they must be careful not to
take any active part in the campaign. They should not, for example, take
part in public meetings or accompany their Minister to party political
engagements which are related to the Election campaign;
iii. if, with the approval of their Minister, they wish to assist with
other party political matters such as a leadership campaign, they may do so
while on paid or unpaid leave or at times which do not interfere with their
normal duties, for example, out of office hours.
Involvement in politics in a private capacity: local political activities
21. With the approval of their Minister, special advisers may undertake, or
continue to undertake, all forms of local political activity, but not local
activities in support of national politics. They must comply with any
conditions laid down by their Department.
22. Local political activities are: candidature for, or co-option to, local
authorities; holding, in a party political organisation, office impinging
wholly or mainly on party politics in the local field; speaking in public
on matters of local political controversy; expressing views on such matters
in letters to the Press, or in books, articles or leaflets; and canvassing
on behalf of candidates for election to local authorities or a political
organisation.
23. If special advisers take part in local political activities, they must
at all times observe discretion, take care to express comment with
moderation and avoid personal attacks. In particular, if they serve on a
local authority they must adhere to the following points:
i. they should not speak publicly or in the Council, or vote, on matters
for which their Minister has responsibility;
ii. they should not serve on any committee considering such matters;
iii. they should not take part in deputations or other representations to
Ministers;
iv. they should declare an interest in relation to any case or application
which comes before the Council in which their Department is involved;
v. they should observe discretion in relation to policies for which other
Ministers are responsible, in order to avoid causing them embarrassment;
vi. they should not disclose to the Council privileged information obtained
in the course of their duties.
Leaving the Civil Service
24. All civil servants, including special advisers, are subject to the
Rules on the acceptance of outside appointments by Crown servants (often
known as the Business Appointment Rules) for the first two years after
leaving office. They are required, in the circumstances set out in the
rules, to obtain prior approval to accept an outside appointment. Decisions
on applications submitted by special advisers will be taken by the relevant
departmental Permanent Secretary, on advice as appropriate from the
Advisory Committee on Business Appointments. Detailed rules are set out in
Section 4.3 annexes A and B of the Civil
Service Management Code [External website].
25. Civil servants, including special advisers, must not publish or
broadcast personal memoirs reflecting their experience in Government, or
enter into commitments to do so, while in Crown employment. The permission
of the Head of their Department and the Cabinet Secretary must be sought
before entering into a contractual commitment to publish such memoirs after
leaving the Service. They must submit any manuscripts for comment to the
Cabinet Secretary in good time in advance of publication. Detailed rules
are set out in Section 4.2 of the Civil Service Management Code.
26. Under the terms of the Civil Service Code, special advisers should
continue to observe their duties of confidentiality after they have left
Crown employment.
November 2007
Footnotes
(1).The Servants of the Crown (Parliamentary, European
Assembly and Northern Ireland Assembly Candidature) Order 1987, as amended,
states that civil servants (apart from those in the “politically free”
group) must not issue an address to electors or in any other manner
publicly announce themselves or allow themselves to be publicly announced
as candidates or prospective candidates for election to Parliament or the
European Parliament. Therefore, civil servants must resign from the Civil
Service on their formal adoption as a Parliamentary candidate or
prospective candidate by a political party.
