The letter follows what has been termed a "yellow card" issued to the government by the Standards in Public Office Commission (SIPO) following a complaint by Labour Senator Derek McDowell in relation to Callely's appearance in a series of adverts promoting Operation Freeflow.

SIPO found there was no basis on which "to pursue the matter" under the Standards in Public Office Act. However, in a letter to the Taoiseach, SIPO chairman Matthew Smith highlighted SIPO's "concerns" that the relevant section of the code of conduct for office holders was not clear enough to distinguish between the appropriate use of a photograph of a minister as part of a necessary advertising campaign and "an inappropriate raising of profile in the context of a general election".

Smith asked the Taoiseach to review the code of conduct so ministers "are provided with clear guidelines as to the circumstances in which public resources can be used".

The Taoiseach has responded by telling his ministers that, in cases where public resources are used to generate publicity, they should satisfy themselves "that any participation by them is primarily intended and is reasonably expected to support a clear or official purpose and that any consequential personal publicity is clearly subordinate and incidental".