Chief Minister Alfred Cannan has said that while ministers are expected to comply with the law, not every instance of a department acting unlawfully would automatically amount to a breach of the ministerial code.

Speaking in the House of Keys on Tuesday, Mr Cannan said: ‘Any evidence of material non-compliance with 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.

‘As I informed this House on November 30, 2021, an alleged breach of the ministerial code would then be considered.’

He went on to stress that each situation would be assessed individually, telling members there were ‘significant variances and nuances’ involved.

‘Ministers are held accountable for their actions through a number of mechanisms,’ he said, citing petitions of doleance, civil action, political and parliamentary scrutiny, and the ministerial code itself.

The comments came in response to a question from Ramsey MHK and former health minister Lawrie Hooper, who had asked whether non-compliance with the law constituted a breach of the ministerial code, and what action the Chief Minister would take if a minister failed to comply with the law in the exercise of their duties.

Mr Hooper pressed Mr Cannan further, asking him to confirm whether ‘acting unlawfully’ would constitute such a breach.

In reply, the Chief Minister referred to two examples relating to Manx Care, one during Mr Hooper’s own time as health minister and another more recently under the current minister.

‘In both cases, I’m satisfied that despite the fact that the Department or Manx Care were potentially acting unlawfully, ministers have taken satisfactory action to correct the position,’ Mr Cannan said. ‘On that basis, I believe that the integrity of the ministerial code remains intact.’

Mr Hooper accused the Chief Minister of effectively saying it was ‘perfectly okay for ministers to act unlawfully, provided they say sorry and they’re not going to do it again’.

‘That’s absolutely not the case,’ Mr Cannan replied, adding that Mr Hooper was being ‘hugely pedantic’.

He went on to point out that the former minister had himself been responsible during a period when ‘the department did not fulfil its statutory duty under Section 8 to involve the public in the development or consideration of a significant service change’.

Tensions rose further when Mr Hooper raised a point of order, demanding that the Chief Minister withdraw his remarks, describing them as ‘a serious accusation’ of unlawful conduct.

Later in the debate, Arbory, Castletown and Malew MHK Tim Glover suggested it might be time to review and update the ministerial code.

‘I think there have been several examples in this administration where this code is not as thorough and as clear as it should be,’ he said.

Mr Cannan responded that he was ‘always happy to look at the ministerial code and ensure that it is effective,’ but maintained that the existing document ‘does actually provide guidance for everybody in terms of what is expected from ministers.’