OUR GLOBAL MOVEMENT
Juliet (she/her) is based in Edinburgh and leads our work in Scotland. She also monitors Wales and Northern Ireland to identify opportunities for TI-UK in those countries. She is Chair of the Open Government Partnership Scotland Civil Society Steering Group, working collaboratively with government on transparency of and public participation in decision making.
In politics you’re never too far away from a scandal. In the last twelve months we’ve seen senior ministerial resignations in Scotland and Wales related to expense claims, campaign donations and leaks of ‘missing’ messages that were relevant to the Covid inquiry. All while the long shadow of ‘partygate’ hung over Westminster and lobbying scandals ending the career of more than one MP in the last parliament.
These frequent and well publicised failures of integrity from across the political class mean it’s no surprise that so many people perceive that politicians are untrustworthy. To avoid repeating past mistakes that have derailed Ministers and undermined public trust in politics, Transparency International UK has recommendations in four key areas. These are actions that should be taken if governments and political parties across the UK are to begin to reverse the trend that sees trust in politicians at a record low.
Some of these recommendations require action at Westminster, some could be accomplished by the devolved administrations. Some require action from political parties. A consistent approach would be welcome. The public deserves to understand the rules under which elected politicians operate, the standards they are expected to meet, how any behaviour which does not meet those standards is examined, and what the sanctions might be for non-compliance.
Perception: noun
‘the way in which something is regarded, understood, or interpreted’.
It should be said that whilst this is often about perception rather than proven wrongdoing, we know these perceptions nonetheless damage public trust in institutions as well as individuals. They can also serve as ‘red flags’ for practices that might be problematic and so should be subject to rules and independent monitoring.
In this way, every episode of perceived lack of transparency or suspected conflict of interest, or simply a public feeling that behaviour in politics is fundamentally wrong, helps strengthen the case for reforms to improve public trust in our democratic systems.
(As a quick aside, this is important not just to maintain the validity of the system but also, as Carnegie UK research shows, because democratic wellbeing is both a means to greater social, economic and environmental wellbeing and an end in itself, impacting directly on personal wellbeing).
With this in mind, here are our series of recommendations to address recent failings which could help restore much needed trust in politics.
All public officials, including politicians, pledge to abide by a code of conduct based on what are known as the Nolan Principles. These include integrity, honesty, accountability and openness.
For ministers, these are part of the Ministerial Code of Conduct which is overseen by the Prime Minister or the First Minister in Scotland and Wales. To rebuild trust and ensure consistent upholding of the standards of integrity in public office, the following should be included in all Ministerial Codes.
An explicit commitment to the seven Principles of Public Life (the Nolan principles) in the Prime Minister or First Minister’s foreword to the Ministerial Code.
The appointment of an Independent Adviser on Ministerial Interests with the ability to initiate investigations into breaches of the code without needing the explicit consent of the Prime Minister or the First Minister.
New restrictions to address the lax approach to regulating former ministers taking up outside employment.
Donations to politicians and political parties are perceived by the public as being a way for the rich to buy access and influence. To avoid this perception and to counter possible conflicts of interest, we recommend that:
All donations whether from a company or an individual should be capped at £10,000 per year, or less depending on the context. Attempting to avoid this by using multiple companies or family members should be prohibited.
Political parties should be required by law to identify the true source of funds as part of a risk-based approach to donations.
A donation from a company should not be allowed to exceed its net profits generated in the UK within the preceding two years.
The financial threshold for parties to report donations to the Electoral Commission should be reduced to £5,000.
These rules should apply to all donations whether in an election period, intended as a general political donation, or contributions to an internal leadership campaign.
In Scotland, the Scottish National Party has already taken steps to reduce the influence of money in its internal leadership campaigns introducing limiting donations to party members with a cap of £50 per person and a spending limit of £5,000.
Screengrab from SNP 2023 leadership election rules
The deletion of messages in the age of government by WhatsApp has posed serious challenges for Freedom of Information and subsequent inquiries into the Covid 19 pandemic. To avoid this recurring, we recommend:
Policies for information retention should be revised for a digital first age and should be included in the Ministerial Code of Conduct with clarity on how communications using mobile devices or apps should be transferred to the historical record made public.
Publicly disclosing information which Ministers have failed to record in line with the Code of Conduct should be treated as an act of whistleblowing with the associated protections. Any investigation to determine if the disclosure was in the public interest should be conducted by an independent investigator and the findings made public, including lessons learned for future record keeping.
Fifteen years ago, the Westminster expenses scandal led to the establishment of the Independent Parliamentary Standards Authority (IPSA) which offers independent oversight of MPs expenses. In 2012 lay members were added to the House of Commons Standards Commitee to offer an independent and external perspective to the Committee's deliberations around disciplinary issues and wider standards matters. Neither the Senedd, nor the Scottish Parliament have replicated either of these measures.
The devolved administrations should ensure independent oversight of expense payments across the public sector.
Standards committees in the devolved administrations should add lay members to assist in their deliberations.
Too often public officials avoid sanction by resigning, often with an associated pay off. It should be possible for any payment associated with resigning or being dismissed from the public role to be forfeited.
Transparency should be seen as part of the fabric of public life and recognised as a necessary means of achieving accountability to maintain public trust. Abiding by the Nolan principles must be an integral part of all governments and public servants’ operational culture. Without this understanding of the importance of a culture of openness, honesty and accountability, we will fail to respect the democratic system and risk continuing to undermine the trust of the public.
