The ministerial code requires ministers to be open and honest! Code 1.3d states: “Ministers should be as open as possible with Parliament and the public”!
It now transpires that a minister has evidently breached this code!
The recent findings of Sir Laurie Magnus CBE into the financial affairs of Nadhim Zahawi, an intelligent man who was once a refugee from Iraq and subsequently a successful businessman and engineer stated as follows:
“3.As set out at paragraph 11, I consider that Mr Zahawi should previously have declared the fact of the investigation. The subsequent fact that the investigation concluded with a penalty in relation to the tax affairs of a Minister also requires declaration and discussion. It is a relevant interest which could give rise to a conflict, and particularly so in the case of HM Treasury Ministers and the Chancellor of the Exchequer, who has responsibility for the UK tax system. As a result of my inquiries, I conclude that Mr Zahawi failed to update his declaration of interest form appropriately after this settlement was agreed in principle in August 2022. It was not until mid-January 2023 (see paragraph 16) that details of the earlier HMRC investigation and its outcome were declared. 14. I also conclude that, in the appointments process for the governments formed in September 2022 and October 2022, Mr Zahawi failed to disclose relevant information - in this case the nature of the investigation and its outcome in a penalty - at the time of his appointment, including to Cabinet Office officials who support that process. Without knowledge of that information, the Cabinet Office was not in a position to inform the appointing Prime Minister.”
He further stated
“On 10th July 2022, following media speculation, Mr Zahawi made a public statement. He said:
There have been news stories over the last few days which are inaccurate, unfair and are clearly smears. It’s very sad that such smears should be circulated and sadder still that they have been published.
These smears have falsely claimed that the Serious Fraud Office, the National Crime Agency, and HMRC are looking into me. Let me be absolutely clear. I am not aware of this. I have not been told that this is the case.
I’ve always declared my financial interests and paid my taxes in the UK. If there are questions, of course, I will answer any questions HMRC has of me.”
“20.Mr Zahawi did not correct the record until 21st January 2023, when Mr Zahawi’s public statement indicated that he had reached a settlement with HMRC following an investigation. I consider that this delay in correcting an untrue public statement is inconsistent with the requirement for openness.”
Despite being a lawyer, I find tax systems quite complex and rely entirely on my accountant! I was also trained in the early years of my legal career not to easily admit my weaknesses or mistakes; this was opposite to what I was taught at theology, that our strength is in being able to be vulnerable, open and honest about our weaknesses and sins! That Jesus overcame death, the very thing that no prime minister, or most affluent or genius person on earth can defeat, by surrendering himself and becoming weak!
There is a perception that a leader should be strong, without any weakness or fault! Not understanding HMRC processes or understanding them and fearing to disclose them, not understanding forms and certain declarations is perceived by some to be a sign of weakness! I recall there was once a difference in opinion between my colleagues, who were solicitors, about whether a road traffic offence was disclosable in SRA forms! I also know of some committed Christians who have failed to disclose certain personal information out of fear of making matters complicated!
We struggle to be honest and transparent when we fear it makes us vulnerable and appear weak or when we fear it may unnecessarily complicate things!
The ministerial code however is proof that transparency, honesty and making yourself vulnerable at the highest public position is a sign of strength and leadership; rather than weakness!
One needs to be gracious and understanding towards those making mistakes but it is right that anyone who commits to such code of conduct should abide by it! A leader should lead by being strong through wisdom, honesty and transparency!
BE STRONG AND CARRY ON!
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