Public Office Accountability and Integrity Act – Foundation Policy
- Policy Summary
This policy establishes the legislative foundations for a new statutory offence of Misconduct in Public Office, replacing the vague and outdated common law provision. It clearly defines what constitutes public office, who is bound by public service obligations, and codifies the expected standards of conduct and accountability for individuals working on behalf of the British State—domestically or abroad. It will apply not only to civil servants and politicians, but also to NHS personnel, armed forces members, and private contractors funded by the public purse. - Rationale
The absence of dedicated legislation to address misconduct in public office has resulted in inconsistencies in investigation and enforcement. The existing reliance on common law and selective statutory provisions, such as the Bribery Act 2010, leaves major gaps in accountability. This policy seeks to close those gaps by creating a statutory, enforceable duty of ethical conduct for all who exercise public power or control public funds. - Objectives
- Establish a statutory offence for misconduct in public office
- Codify responsibilities and expected standards of conduct
- Clearly define “public office”, “public official”, and “public service contractor”
- Ensure coverage of all relevant roles including the military, NHS, and overseas government work
- Provide legal mechanisms for investigation, prosecution, and sanctions
- Expanded Definitions (Statutory Draft)
Public Office
Any role, whether elected, appointed, commissioned, contracted or otherwise designated, in which the person exercises or influences functions on behalf of the British State or utilises public funds to deliver public services, including when such roles are carried out abroad or in support of UK foreign policy, defence, or aid.
Public Officer / Official
A person performing public functions, including but not limited to:
- Members of Parliament and devolved legislatures
- Government ministers and secretaries of state
- Civil servants and local government officers
- NHS doctors, nurses, and administrative personnel
- Armed Forces personnel of all ranks
- Officers of police, fire, ambulance, and prison services
- Statutory office-holders and Crown appointees
- Public sector regulators, commissioners, and advisers
Public Service Contractor
Any individual or organisation contracted, commissioned, or sub-contracted to carry out services, infrastructure projects, consultancy, security, administration, or any public function funded wholly or predominantly through public funds, whether within the UK or in an overseas jurisdiction, where such services are delivered on behalf of the British State.
Misconduct in Public Office
A wilful act or omission by a public official or service contractor, done without lawful excuse, that seriously breaches the duties or ethical expectations of their role, abuses public trust, or causes foreseeable harm to the public interest.
Misconduct shall include:
- Abuse of position for gain (personal, financial, political)
- Wilful neglect or dereliction of public duty
- Unlawful use of force or detention (particularly in military, health, or policing roles)
- Misuse of public resources
- Deliberate concealment of wrongdoing
- Knowingly misleading the public or Parliament
- Withholding information relevant to safeguarding or public safety
- Jurisdiction and Applicability
- Applies to all public officials and service contractors operating in or on behalf of the United Kingdom, regardless of location
- Extends to overseas military operations, diplomatic missions, aid programmes, and outsourced projects in foreign jurisdictions
- Includes UK-based companies carrying out services for UK Government departments or arms-length public bodies abroad
- Enforcement and Oversight
- Misconduct allegations will be investigated by an independent Public Integrity Office, with authority equivalent to a statutory regulator
- Criminal proceedings will be brought by the Crown Prosecution Service, with powers to compel evidence from both government and private entities
- Sanctions may include prosecution, fines, disqualification from public service, confiscation of gains, and where appropriate, custodial sentences
- Integration with Existing Law
- Replaces the common law offence of Misconduct in Public Office
- Compliments statutory offences such as those in the Bribery Act 2010 and Fraud Act 2006
- Aligns with standards in the Civil Service Code, NHS Constitution, Armed Forces Act, and other regulatory frameworks
- Legislative Mandate and Consultation
- Drafting will be led by the Ministry of Justice in coordination with the Cabinet Office, Ministry of Defence, and Department of Health
- Stakeholder engagement will include public bodies, professional regulators, unions, watchdog groups, and the general public
- A draft Bill will be published for review and consultation, with final legislation targeted for introduction in the following session
- Statement of Purpose
The British Democratic Alliance believes that public service is a duty of trust. Those who act on behalf of the state, whether in uniform, in government, or under contract, must be held to the highest standards of probity. Misconduct in public office is a betrayal not just of duty, but of democracy itself. This policy provides the legal foundation to ensure such misconduct is no longer tolerated or overlooked.