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Sunday 25 October 2015

The Legal challenge over change to ministerial code

Legal challenge over change to ministerial code

  • 5 hours ago
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  • From the sectionUK
Cabinet room

Image captionThe ministerial code sets out rules and standards for ministers in public office
The prime minister is facing a direct legal challenge over changes to the code which sets out rules and standards for ministers in public office.
A new version of the ministerial code omits a previous reference to ministers being bound by international law.
Senior lawyers claim this could affect the UK's international position and relationship with other states.
The Cabinet Office said the code was very clear on the need to comply with the law, including international law.
Until last Thursday, the ministerial code stressed the overarching duty to comply with the law "including international law and treaty obligations".
A new draft simply refers to a duty to comply with "the law".

'Seriously concerning'

Some leading lawyers believe this could loosen ministerial respect for the rule of law and affect decisions about declaring war or using military force such as drones in Syria.
It could also reduce respect for judgements by international courts on, for example, contentious human rights issues, they add.
A formal letter, seen by the BBC, is being sent to Prime Minister David Cameron by campaign group Rights Watch making it clear it wants the original wording reinstated.
Rights Watch director Yasmine Ahmed said: "For the government to erase from the ministerial code the starting presumption that its ministers will comply with international law is seriously concerning.
"It evidences a marked shift in the attitude and commitment of the UK government towards its international legal obligations."

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