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Putting Civil Service values into statute
Read the Transcript of the PASC evidence session
Draft Constitutional Renewal Bill - Civil Service values and special advisors discussed in first Public Administration Select Committee evidence session
The first of two evidence sessions open to the public on the Constitutional Renewal Bill was held on 24 April by the Public Administration Select Committee (PASC). The Select Committee heard first from Janet Paraskeva, the First Civil Service Commissioner, followed by constitutional experts Professor Peter Hennessy, Sir Robin Mountfield KCB and Professor Robert Blackburn.
The Constitutional Renewal Bill covers a broad range of constitutional areas, looking closely at the relationship between citizens, parliament and government. In this session the Committee and witnesses focused on the proposals to legislate for the Civil Service and on the issues around 'prerogative powers', particularly in relation to war decisions.
All witnesses felt that, though there were areas to address, the Constitutional Renewal Bill was a great step forward. Janet in general welcomed the move to put the key values of the Civil Service - integrity, honesty, objectivity and impartiality - into statute, especially as this was first recommended 150 years ago. Though she believed that 'we already have a Civil Service that lives up to these values' and that 'Civil Servants are more aware of the code these days,' she felt that entrenching the values in legislation was important to protect them. She said that, 'the Civil Service serves the government and belongs to the people of the country.'
On the Bill, she believed that, 'in broad terms the balance is about right between principle and detail.' However, she did have some concerns regarding gaps and exclusions in the Bill. There is nothing about promoting on merit, for example. The Civil Service code, on the other hand, is clear on this 'and an opportunity will be missed if selection on merit isn't mentioned in the Bill.' There is also no mention of Government Communications Headquarters (GCHQ), MI5 and MI6, or the Senior Diplomatic Service.
Janet also highlighted the fact that special advisors - those people ministers bring in to advise on policy - are excluded from the Bill. Whilst she accepted their omission due to their temporary status, the later witnesses Peter Hennessy, Robert Blackburn and Sir Robin Mountfield had some reservations. Sir Robin put forward that there should be a provision for what special advisors can and can't do because, 'With no limit on numbers and role, they could take over the whole show.'
Tony Wright, the Committee Chairman, asked Janet whether the Bill had 'more symbolic significance than actual significance.' Janet thought not. At the moment, theoretically, 'If ministers wanted the Civil Service to become a political body there would be nothing stopping it.' This constitutional bill would make that impossible.
Committee member Jenny Willott then asked Janet whether, if the Bill came into force, the Civil Service Commissioners or an external body should investigate breaches in the Civil Service. Whilst Janet accepted that that there's an investigatory role for the Commissioners, she had reservations about a wider remit. 'We may very well be the appropriate body, but it would change the relationship we have with government departments.' Currently, the Commissioners work very much to promote the Civil Service code rather than pick up the pieces when things go wrong. This would change that, and as such 'is not something to take lightly'.
The relationship between ministers and civil servants was also discussed. Janet suggested that making requirements of ministers, rather than just Civil Servants, in the Bill could help in the cases of breaches, such as 'If a minister asked a Civil Servant to publicly speak in favour of any legislation.' It would also help to clarify the boundaries. Where do they lie, for example, on a civil servant correcting a factual error on Wikipedia? Here, training for new ministers could also be useful, so they could be given the knowledge of how to deal with the Civil Service and the boundaries between the two.
