Brexit, Cabinet Norms and the Ministerial Code: Are we Living in a post-Nolan Era?

Abstract

The Nolan Report will celebrate its twenty-fifth anniversary in 2020, and for most of this last quarter-century, it has provided the underlying ethical basis for public life in the United Kingdom. However, its principles are now being called into question in a number of areas, following the Conservative government’s loss of its parliamentary majority in the 2017 election, with the interests of party taking precedence over adherence to both the spirit and the codified practical implementation of some of the ultimate outcomes of Nolan, namely the Ministerial Code and the Commissioner for Parliamentary Standards. This article argues, with explicit evidence and examples, that ministerial conduct which would not have been tolerated before 2017 is now being routinely ignored in the interest of maintaining party unity in order to deliver some form of Brexit. The article concludes by asking whether Nolan norms still command consensus post-Brexit.