United Kingdom Prime Minister, Boris Johnson’s decision that Home Secretary, Priti Patel’s bullying of senior Public Servants did not constitute a breach of the Ministerial Code of Conduct is being challenged in the High Court.
The FDA union, representing senior Public Servants, wants Mr Johnson’s decision to be declared wrong in law, arguing that the Prime Minister had a duty to ensure Public Servants could work with Ministers without fear of being bullied or harassed.
Mr Johnson overruled his own adviser on Ministerial interests, Sir Alex Allan, whose investigation concluded that Ms Patel’s action breached the code.
Sir Alex subsequently resigned.
A written submission to the High Court from Mr Johnson’s legal representative, Sir James Eadie, argued that the Ministerial code was a “political document” which did not create or impose any legal duties on Ministers or the Prime Minister.
“Rather, it is a political statement by the Prime Minister as to how he intends to operate his relationship with his Ministers and the standards he will judge them by when considering whether they retain his confidence,” Sir James said.
“The code is not about protecting the rights of Civil Servants,” he said.
The FDA’s Lead Counsel, Tom Hickman said the Prime Minister’s decision, based on Sir Alex’s findings, had been a “misdirection of law”.
When Mr Johnson decided that Ms Patel (pictured) was not in breach of the Ministerial code, his office pointed out that the Home Secretary had been unaware of the impact of her behaviour on some staff and that she had apologised.
Mr Hickman told the hearing that “any fair reading” of Mr Johnson’s words must mean the Prime Minister considered inadvertent bullying was not bullying.
He said that although the Prime Minister was the ultimate arbiter on issues related to the Ministerial code, the code did not mean whatever he chose it to.
London, 20 November 2021
