Chief Minister: Acting unlawfully doesn't automatically breach ministerial code

Alfred Cannan says breaches are considered on a case-by-case basis

Not every instance of a government department acting unlawfully automatically amounts to a breach of the ministerial code.

That's according to the chief minister, who has been quizzed on the topic in the House of Keys today (4 November).

Ramsey MHK Lawrie Hooper wanted to know 'whether non-compliance with the law is a breach of the ministerial code; and what action he would take if a minister failed to comply with the law in the exercise of their duties'.

It led to a heated debate in the chamber.

In response, Alfred Cannan said any evidence of material non-compliance of the law at a department level - which the minister is ultimately responsible for - may well be deemed to be a breach of the ministerial code, which would then be considered on a case-by-case basis. 

Mr Hooper asked if that means 'breaking the law, if you're a minister, is okay sometimes', something Mr Cannan refuted:

Mr Cannan also gave examples of breaches - including a recent incident relating to Health Minister Claire Christian and Ramsey's Minor Injuries Unit. 

You can read more on that HERE.

But another example given by Mr Cannan didn't go down well:

The chief minister alleged that Mr Hooper broke the law whilst he was in post as health minister over similar service changes.

He referred to the Health Department not fulfilling its duty under Section 8 of the Manx Care Act back in relation to Cummal Mooar in Ramsey.

Back in August 2023, plans to shut the facility down within two years - and replace the site - were put on hold.

As today's parliamentary spat progressed, several other members suggested that the ministerial code should be clarified and strengthened to ensure any confusion can be cleared up going forward.

That was something Mr Cannan welcomed, saying he was 'always happy to look at the ministerial code and ensure that it is effective'.

You can hear today's exchange in full below: