When the ‘cash-for-questions’ scandal first broke in 1994, few would have guessed it would help shape the public sector for decades to come.
Yet this year marked the 30th anniversary of the Nolan principles of public life, which were established in the aftermath of the affair and have since become an integral part of British political life.
The original scandal involved two Conservative MPs being bribed to ask parliamentary questions and perform other tasks on behalf of the-then Harrods department store owner, Mohamed Al-Fayed.
It prompted prime minister of the day John Major to establish the committee on standards in public life, and task its newly appointed chair, Lord Nolan, with devising the principles.
An initial version of the seven principles of public life – selflessness, integrity, objectivity, accountability, openness, honesty and leadership – was published in the committee’s first report, back in 1995.
The report said that “the general principles of conduct which underpin public life need to be restated” and should apply to all aspects of public life.
It also recommended that all public bodies should draw up codes of conduct incorporating these principles, and that they should apply to all holders of public office and those delivering services to the public on behalf of the taxpayer.
In addition, it recommended that the House of Commons should draw up a code of conduct, setting out the broad principles that should guide the conduct of members.
A lot of things have changed in the intervening 30 years, but the committee’s current chair, Doug Chalmers, tells PF that the Nolan principles have “proven to be timeless” and are now embedded in most public sector codes of conduct, either directly or as an annex.
Chalmers adds that the principles have “trickled down through public life” and help underpin ethical decision-making at every level.
“They are of real value, and they continue to be a value,” he says. “We might need to tinker with them, and we have changed some of the descriptors over time. But the Nolan principles have ended up as an agreed point between those in public life and those receiving public services – which not many countries have – so they are something to treasure.”
The Nolan principles
Guide to public life
- Selflessness: Holders of public office should act solely in terms of the public interest.
- Integrity: Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
- Objectivity: Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
- Accountability: Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
- Openness: Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
- Honesty: Holders of public office should be truthful.
- Leadership: Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.
Significant step forward
Camilla de Bernhardt Lane, director of practice at the Centre for Governance and Scrutiny, says the principles were “a significant step forward” in defining and embedding ethical standards in public life when they were first published in 1995.
She adds that a series of high-profile scandals had eroded public trust in governance, making the establishment of clear ethical guidelines both “timely and necessary”.
“They were intended as a ‘North Star’ to aim for – inspiring exemplars in behaviour,” she adds. “While principles of ethical conduct had always existed implicitly, codifying them provided a touchstone that encouraged accountability and transparency. Articulating them in this way showed a degree of prescience, as they remain just as relevant today.”
Andrew Corbett-Nolan, chief executive of the Good Governance Institute, says that what was “quite visionary” about the Nolan principles was the way in which they went beyond simply applying to politicians, who are often the “immediate target” in scandals, and were extended to public servants or people holding public appointments more generally.
“The Nolan principles today are not only for the people right at the top. If your private sector organisation is running a public service, you should really use the Nolan principles as your guiding star as well,” he adds.
The Nolan principles are not law, but they can be found now in many codes of conduct, including the Ministerial Code and the House of Commons Code of Conduct. Countless local authorities, healthcare bodies and universities have also embedded the principles as well.
Dr Jason Lowther, director of the University of Birmingham’s Institute of Local Government Studies, says the principles now underpin the code of conduct adopted by every local authority in England.
Lowther adds that the principles have also been adapted and expanded in some regions, such as Scotland, to include additional requirements such as public duty and respect.
The government recently consulted on proposals to update the standards regime for local councillors in England.
“We agree with the proposal to establish a mandatory minimum prescribed code of conduct, because it enhances consistency, transparency and trust,” says Lowther.
de Bernhardt Lane adds that the culture of a local authority plays a significant role in shaping how effectively these ethical standards are upheld.
She says councils that have fostered a strong ethical culture have done so by creating an open, transparent environment, where scrutiny and accountability are central to the decision-making process.
Ethical standards training
“There are questions about whether current induction and training programmes for councillors do enough to ensure that ethical standards are not just understood but actively upheld,” says de Bernhardt Lane.
“Unlike some businesses, which often invest heavily in aligning employees with core values, local government bodies may not always provide the same level of ongoing engagement with ethical standards.”
In terms of the impact on healthcare services, Corbett-Nolan says there is a “growing trend of transparency”, with the principles published on NHS trust websites, along with reports and registers on conflicts of interest and expenses. He also credits the vital work of Baroness Rennie Fritchie, who helped develop guidance to aid NHS board members in managing conflict-of-interest issues.
The committee on standards in public life has also not rested on its laurels. During the past 30 years, it has examined many issues, ranging from election finance to artificial intelligence. The committee’s most recent report, published in March, called for public sector bodies to get better at recognising and responding to early warning signs.
Chalmers says recent public inquiries, such as those relating to the Grenfell Tower fire and the Post Office Horizon IT system, have laid bare the catastrophic impact of major public sector failure on human lives.
“There are common themes among these scandals: a failure to listen to and act on concerns raised; a failure to learn lessons from similar incidents; and a failure to identify and share emerging risks,” he says.
“There is value in taking a step back to consider what more public sector bodies can do to spot problems at the earliest possible stage, while there is still time to act and, potentially, avert a disaster.”
Transparency
Reflecting on how the Nolan principles have stood the test of time, Chalmers says transparency remains essential, as does explaining to the public why certain decisions have been made.
He adds that the public wants more from public servants than just meeting the bare minimum; there is an expectation that people should live up to the principles, and that if they do not, the public wants to understand why.
“Trust in politicians, and trustworthiness in some public institutions, is at a low right now,” adds Chalmers. “But I do think the Nolan principles add value, because if we did not have them, where would we be? If we did not have them, we would probably be in a tougher place than we are now.”
Lowther says that while the Nolan principles have helped maintain a baseline of ethical conduct, public trust in political institutions remains a complex issue influenced by various factors.
He adds that, according to the Office for National Statistics, people in the UK generally trust non-political institutions, like the judicial system, police and civil service, more than political institutions such as the national and devolved governments.
“The proximity of local governments to the community can foster a sense of trust and accountability, whereas the national government, being more distant, may struggle to maintain the same level of trust,” adds Lowther.
Enhancing trust
“The direct impact of local government services on daily life can enhance trust.”
de Bernhardt Lane says that budget cuts and funding gaps make ethical governance even more critical, with councils needing to balance financial sustainability with public-service obligations.
“The challenge is ensuring that governance structures adapt to these pressures, while maintaining the integrity and openness expected by the public,” she says.
“There is a need for continuous dialogue within and between councils about how ethical standards are demonstrated and embedded in practice. Ethical standards reviews, once more common, could play a stronger role in reinforcing good governance practices.
“As councils navigate new challenges, the need for visible leadership, clear decision-making processes and ethical resilience is more pronounced than ever. Upholding the Nolan principles in a time of financial and operational strain requires innovative approaches to governance, including better engagement with communities, enhanced scrutiny mechanisms and stronger collaboration between officers and elected members.”
The public sector has changed a great deal in the past 30 years. On top of the ever-changing political landscape, public sector organisations have to deal with issues that barely existed in 1995, such as social media and a public that will no longer accept meetings being held behind closed doors. The Nolan principles might not be perfect, but, more than ever, public servants need that ‘North Star’ to help them on the journey to good governance.
