Tsars: the need for better appointment practices and greater transparency

10th June 2013

Posted on behalf of Ruth Levitt

This week’s news about Nick Clegg’s appointment of businessman James Caan to launch the Open Doors awards, an initiative intended to help tackle the barriers facing young people in getting jobs, again reveals the pitfalls that can arise when ministers choose too casually to appoint high-profile individuals as expert advisers. These appointments tend to attract media attention whenever there is a suspicion that the high standards and conduct required of all public appointments seem at risk.

Our research (here and here) found that expert advisers (so-called tsars) are usually appointed quite informally by or on behalf of ministers, without the posts being advertised. The terms and conditions for the work also may be quite imprecise. Several ministers, civil servants and former expert advisers themselves told us they do value having that high degree of flexibility in the arrangements for making the appointments and managing the work. They regards this as working well. They definitely would not want to see a regulator imposing greater formality or requiring a ‘heavily bureaucratic’ procedure to be observed.

Nevertheless in the absence of an appropriate degree of regulation and accountability, the propriety and effectiveness of these appointments clearly may be compromised. The James Caan example illustrates one way in which the informality can lead to problems. Other recent controversial appointments have included Mary Portas (to advise on high streets), Adrian Beecroft (employment legislation), Emma Harrison (on back to work schemes), and Lord Young (enterprise adviser).

In the case of other sources of external expertise, including ministers’ special advisers, non-executive directors on departmental boards, scientific advisers and consultants, there are codes of practice which aim to ensure propriety and maximise effectiveness. Ministers, civil servants, special advisers and MPs each have codes of conduct too. That system is totally lacking for ‘tsar’ appointments.

And yet, the Seven Principles of Public Life (selflessness, integrity, objectivity, accountability, openness, honesty, leadership) as defined by the Committee on Standards in Public Life are meant to be observed and upheld by people in all of those roles, and by all other holders of public office. We found that the principles of Objectivity, Accountability and Honesty were vulnerable in relation to the appointment of expert advisers to ministers and in how their work was managed and used.

Neither the Cabinet Office nor individual departments keep a record of appointments of expert advisers to ministers. Select committees are not regularly informed about the work that the experts undertake and do not often scrutinise their work. Departments have not developed a cadre of experienced staff to work with such appointees, and the experts’ work is not evaluated post hoc. Furthermore, neither the Cabinet Office nor the Commissioner for Public Appointments appear willing to look into this state of affairs or to take responsibility for addressing the risks. The result is that the public interest is neglected

Dr Ruth Levitt and William Solesbury are developing a draft code and guidance to govern the appointment and arrangements for the work of Expert Advisers to Ministers. This takes forward their research, published in November 2012, which critically examined the UK government’s use of so-called policy tsars: Policy tsars: here to stay but more transparency needed.

ruth.levitt@gmail.com
wsolesbury@gmail.com

Times Campaign for New Breed of Mandarins Off-Target?

21st Febuary 2013

By David Laughrin, Honorary Senior Research Associate, UCL Constitution Unit and former Senior Civil Servant

A recent run of articles in The Times has intrigued me. The latest  shot is “New breed of experts takes on the mandarins” (20 February). This suggests that “Ministers have appointed a string of ‘expert advisers’ from outside Whitehall in a first step to politicise the Civil Service.”  Despite the rather small string described and the reported (and rather over-dramatic) alleged fears about politicisation, the accompanying Times leader suggests that “The American system, whereby whole administrations change upon election, has much to be said for it.” This echoes the thrust of a recent three day Times series.  But it ends with a less dramatic conclusion that bringing in expert advisers is a good thing provided their roles and responsibilities are made clear.

What all this unexpectedly prominent and not wholly coherent news coverage fails to make clear itself is that the process of bringing outsiders into Whitehall is not new. Some of us are old enough to remember the business team brought into Whitehall by Edward Heath under Sir Richard Meyjes[1] in the early 1970s, in an echo of those brought in by Churchill during the Second World War.  There have been lots of others since, some successful – like Sir Derek Rayner for Mrs Thatcher – and some less so. There has also been a large rise in external recruitment to the Senior Civil Service.

But more importantly the article also fails to address the central issue of how better decision-making in government is best encouraged. Is it by the kind of politicisation that The Times seems to want to promote, albeit a bit half-heartedly? Or is it, as I would argue, through policies that get the right blend between challenge and support, driving through necessary change while ensuring proper expert scrutiny and risk assessment?

Good decision-making in Government is not easy, and is probably often more difficult than in many private sector situations. (I have argued this more fully in a booklet called Searching for the X-Factors[2].) The best climate for good decisions seems to come from situations where right until late in the day there is provision for challenge – of pre-conceptions, of analysis, of evidence, of conclusions, of implementation plans.

As top decision-makers in the private sector said to me, we need people who can kick the tyres and properly stress-test proposed solutions. As Professor Philip Tetlock has suggested in “Expert Political Judgment” [3] we ideally also need a mixture of styles of decision-maker. We need those blessed with certainty that they know the right answers and can drive through transformational change – the “hedgehogs”. We also need those with less certainty and more willingness to try incremental change, pilot new ideas and adapt or modify their schemes in the light of experience and new evidence – the “foxes”.

Does that scenario best emerge from a situation where the majority of people surrounding the top decision-maker are political appointees chosen personally by the senior Minister? My hunch is probably not.

Equally, however, there is also evidence that giving too much weight to the status quo is also likely to inhibit the best decisions. So that does support the idea that in amongst those who have developed departmental strategies over the years there should be sufficient newcomers. They can bring fresh ideas and challenge to the official machine.

In the UK this has been delivered, often successfully, through a mix of permanent and temporary appointments. Some temporary appointments have been primarily political through the Special Adviser (Spad) appointments made by Ministers alone. Some have been primarily expert, through short term appointments as temporary civil servants, whose expertise is validated independently by the Civil Service Commissioners.

So the UK has brought in enthusiasts with political networks and antennae to drive forward controversial new policies. It has also allowed experts to contribute their specialist knowledge to complex debates on what are often defined as the “wicked issues” that beset political challenges. (These are those where no obvious solutions exist and all options are beset by potential unintended consequences.)

Why then do mid-term Governments get afflicted by jitters about whether this blend is delivering the right decisions and outcomes? Why do they fret so whether they might need more commissars to bludgeon through their preferred solutions against tight political timescales?  I suspect this is a product of the beleaguered lifestyles of so many Ministers in a world where so much is demanded of them in the short term. It is also a world of a 24/7 news agenda and where the overload is such that, as one former Minister said to me, ”people were trying to have meetings with me in the lift as I left the building.”

So I sympathise with the idea that Ministers need all the help that they can get to make their lives tolerable and their decisions properly implemented. But I think it is also important that they get the right blend of support to make sure that those decisions are good ones and they are capable of effective implementation. Like Peter Riddell, the respected Director of the Institute for Government (whose letter was published in The Times  on 21 February) I don’t see that coming from wholesale moves to a US-style system. I do see it coming from some sensible development of the blend developed in the UK for more years than The Times appears to acknowledge. But then I always was more of a fox than a hedgehog by nature.


[1]  Sir Richard Meyjes, a former senior businessman from Shell was brought into Whitehall by Prime Minister Edward Heath to head a team of businessmen appointed to review the machinery of government and assist departments in pursuing the then government’s agenda. The team worked from 1970 to 1972.

[2]  Searching for the X-Factors: Decision-Making in Government and Business published jointly by the Whitehall and Industry Group and Ashridge Business School, October 2011.

[3]  Expert Political Judgment  Philip Tetlock, Princeton University Press, 2005

Former special advisers in Cabinet 1979-2013

As part of our project on special advisers the Constitution Unit has produced a brief research note looking at special advisers who went on to become Cabinet Ministers. This blog post picks out some key findings and offers some thoughts about what the findings tell us about special advisers and wider concern with the professionalisation of politics.

In this project, we are building an evidence base that will provide the most detailed description yet of who special advisers are. We are therefore interested in what special advisers go on to do after their time in government.

Among the many destinations for special advisers later in their careers are the most senior posts in British politics. The Prime Minister and leader of the Opposition were both special advisers and the speed of their ascent to the head of their parties has been noted by Phil Cowley as exceptional in post-war British politics. Both David Cameron and Ed Miliband have experience as Cabinet ministers but that is relatively rare among their fellow special advisers.

As the Unit’s research makes clear, just 16 Cabinet ministers were previously special advisers. To provide some context: Cabinet usually has 22 full members at any time; and there have been over 500 individuals who were special advisers before May 2010. Less than 5% of special advisers go on to become Cabinet ministers. This suggests that the widespread perception of special advisers as simply politicians in training is mistaken.

Image

British Cabinets are still largely made up of people who have not served as special advisers to Ministers. The Labour government more than doubled the number of special advisers in post at any time, and it is associated with a handful of high profile special advisers turned Ministers. Under Gordon Brown,four former special advisers were brought into the Cabinet. From 2007-2010, former special advisers made up nearly one third of the Cabinet: the highest ever proportion in British political history, though this seems low for the supposed age of the professional politician Whether such levels will be reached or surpassed again is a matter for speculation.

Lord Adonis is on record as praising the experience of being a special adviser as an excellent apprenticeship for future Ministers. He says he benefitted from it. Nowhere else does one get the opportunity to experience life at the top of government as a political actor, learning how Whitehall responds to your requests. Nowhere else can one see the difficulties, pitfalls and routes to success for a Cabinet Minister so closely. Like all apprenticeships, taking this experience on board and putting it into practice when your turn comes round can surely aid performance.

The fact that only a minority of Cabinet ministers were previously special advisers serves to remind us that there is no one route to the highest offices in government. That will come as a relief to critics concerned about the professionalisation of politics and as a disappointment to Adonis and his ilk. In relation to the special advisers project, this information helps us to think clearly about the sort of skills, experience and other benefits that special advisers receive from their job. How much of the success of Cameron, Miliband et al., is due to the skills and political networks they developed during their time as a special adviser?

———————–

The research note contains more detailed information than this blog post and we encourage you to download it here.

MH

Video: In the thick of It: What do special advisers do – and does it make government better or worse?

Duncan Brack and Michael Jacobs

Venue: Archaeology Lecture Theatre G6, Gordon House

Special Advisers are now an established feature of British government: there are currently over 80 of them in Whitehall. But what do they actually do? What relations do they have with ministers and civil servants? Are they – as some have claimed – a threat to the impartiality of the civil service? Or are they essential to make democratic government work well?

Michael Jacobs is Visiting Professor in the School of Public Policy at University College London and in the Grantham Research Institute on Climate Change and the Environment at the LSE.  He was a Special Adviser to Gordon Brown at the Treasury (2004-07) and at 10 Downing St (2007-10).  His major field of responsibility was energy, climate change and environment policy, but he also worked at the Treasury on health, public service reform and the third sector.  Beginning his career as a community worker and adult educator Michael has variously been an economic and environment consultant, an academic environmental economist at Lancaster University and the LSE and (from 1997-2003) General Secretary of the Fabian Society.  His books include The Green Economy: Environment, Sustainable Development and the Politics of the Future (Pluto Press, 1991), Greening the Millennium? The New Politics of the Environment (ed, Blackwell, 1997), The Politics of the Real World (Earthscan 1996) and Paying for Progress: A New Politics of Tax for Public Spending (Fabian Society 2000).

Duncan Brack is a freelance environmental policy researcher. He is an Associate Fellow of Chatham House (Royal Institute of International Affairs) and an Associate of Green Alliance. From 2010 to 2012 he was special adviser to Chris Huhne at the Department of Energy and Climate Change, focusing mainly on UK, European and global climate policy and low-carbon investment. Before that he worked for Chatham House, and from 1998 to 2003 was head of its Sustainable Development Programme; his work included international environmental regimes and institutions, the interaction between environmental regulation and international trade rules, and international environmental crime, particularly illegal logging and the trade in illegal timber. He was also a specialist adviser to the House of Commons Environment Select Committee and Environmental Audit Committee. From 1988 to 1994 he was Director of Policy for the Liberal Democrats.

Find out more about the Constitution Unit’s special advisers project or the SPP seminars 

The latest special adviser reshuffle

The full breakdown of special adviser movement.
Note: an asterisk denotes change due to Lena Pietsch’s return from maternity leave; SSoS refers to ‘Senior Secretary of State’.

Last Friday, the Cabinet Office published the first list of special advisers (spads) in post since the September 2012 reshuffle.

It appears they were uploaded at 7.08pm that night. An hour earlier, Andrew Mitchell had resigned his post as Chief Whip. Mitchell had only just appointed a new spad, Meg Powell-Chandler, and he may have been planning to appoint another. Since spads’ appointments are technically terminated when their appointing Minister leaves office, Powell-Chandler’s tenure was abruptly cut short.

Andrew Mitchell’s replacement as Chief Whip is Sir George Young, who left the Cabinet only six weeks earlier. His return brings the possibility that Robert Riddell, his spad as Leader of the House (2010-12), will make a return to government. Young is unlikely to keep on Powell-Chandler or appoint anyone else, because the Chief Whip under Coalition has so far only taken on one on spad, giving the other ‘slot’ to their deputy from the partner party.

Since the reshuffle, a couple of significant appointments have been made at the centre of government, with Oliver Dowden and Ryan Coetzee being brought in to the Prime Minister and Deputy Prime Minister’s offices, Dowden as Deputy Chief of Staff And Coetzee as Clegg’s chief strategy spad.

Some line departments now have more than two spads. Michael Gove and Iain Duncan-Smith now have three spads each. Another impending appointment means that BIS will now have four spads in the department: two for Vince Cable, two for the Conservative ‘junior’ ministers, Michael Fallon and David Willetts.

Jeremy Hunt has kept one of his spads from DCMS, Sue Beeby, and has agreed to appoint a second spad, Sam Talbot-Rice. Talbot-Rice is not included on Friday’s release because he had not started in his post. The Constitution Unit understands that he will take up his post on November 19 and will act as Hunt’s ‘policy special adviser’. Chris Grayling (MOJ) and Maria Miller (DCMS) are two Secretaries of State likely to hire a second spad soon.

Both of Andrew Lansley’s spads at DH have left the government, unique among spads with reshuffled ministers. The only spad to leave their post without their minister being reshuffled was Bridget Harris. She was one of the six Lib Dem ‘departmental’ spads appointed to monitor developments across government, reporting to Nick Clegg.

Three spads have moved to work for different ministers in different departments. Amy Fisher has moved from Defra to MOJ; Victoria Crawford from DFT to DFID; Guy Levin from DCMS to DFID. That is unusual: spads are usually personal appointments, and move with their minister.

Jonathan Caine is unique as spad to the Secretary of State for Northern Ireland. As predicted in a previous blog post, he is the only spad who has remained in a department in spite of a change of Secretary of State. That may be explained by his previous history: he was a spad in NIO under John Major for five years before being brought back in 2010. Arguably, he is an ‘expert’ spad.

But it is worth noting that the pending appointment in DH and BIS means that the Government will soon set a record for the number of spads in government. With fourteen joining and only ten leaving, the number of spads in post increased between July and October 2012 from 81 to 85. But the reported appointments at DBIS and DH as well as potential appointments in the Whips’ office, MoJ and DCMS mean that the number of spads can be expected to reach 87 and perhaps as high as 90, topping the previous record of 85 spads in 2004 under Labour. The rise in numbers may be brought about by the fact of coalition (and the need for greater cross party interaction); and recognition of the need for more politically committed advice and assistance to Ministers. But it is also a product of the rise in the number of ministers in the Coalition Government—especially ministers attending Cabinet.

Last weekend, the Public Administration Select Committee (PASC) published its report ‘Special Advisers in the thick of it’. The Committee came out against a cap on the numbers of spads. That was sensible: the focus should be on the effectiveness of special advisers, not their numbers. Spads are here to stay, and the sooner we have a dispassionate and informed debate about their role, the better. But whether or not the public and Westminster observers will agree is a different matter.

MH

[This post was edited on 23/10/12 to take account of Coalition practice in appointing spads to whips.]

Won’t Anyone Think of the Special Advisers?

To quote @OwenBarder on Twitter yesterday morning: “Spare a thought for many Special Advisers today, caught in a horrible game of musical chairs”. Here are two:

1) The number of spads is very likely to increase to near 90.

Grant Shapps in his new role as Minister without Portfolio and Conservative Party Co-Chair will probably be able to appoint one or two spads; Chris Grayling’s promotion to Secretary of State for Justice will allow him to appoint two spads.

Normally, these changes wouldn’t increase overall numbers, as the old ministers’ spads would lose their jobs; however, since both Baroness Warsi and Ken Clarke will still be attending Cabinet, it seems highly likely that both will keep their spads.

Further, as David Laws is being brought back into government, it seems likely that Nick Clegg will push for him to be allowed to appoint a spad in Laws’ cross-departmental role.

2) This reshuffle will show whether spads under the Coalition are more like those under the previous Conservative or Labour governments.

Under the Conservative governments (1979-97), there were more spads who remained in the same departments and served multiple ministers over long periods of time. These represented relatively stable ‘expert’ spads who knew the brief, had connections, etc. and were able to assist incoming ministers. By contrast, Labour had a generally higher turnover of spads, meaning that when their minister left, they were more likely to leave the department (either to follow their minister or to leave government entirely).

One test of this will be whether Jonathan Caine remains a spad at the Northern Irish Office. He was a spad there for five years under John Major and he was brought back in 2010 to work for Owen Paterson. We will see if Theresa Villiers will become his fourth Secretary of State, if she’ll replace him for her own choice of spad, or if she’ll be allowed to do both—returning to the tradition of having two spads in the Northern Irish Office that characterised the Labour governments.

Will the Jeremy Hunt vote unravel the coalition? Dream on

Martin Kettle in the Guardian

…the coalition faces pressing decisions about how to renew itself. And, by coincidence, that is exactly the theme of two thoughtful reports published this week which both draw on continental coalition experience.

As one of these, The Politics of Coalition by Robert Hazell and Ben Yong, of the Constitution Unit, points out, the Conservative-Lib Dem coalition has gradually slipped from being a government marked by harmony to one characterised by increasing differentiation, especially in parliament. If year three is not to be marked by further partisan démarches and squabbles, and by slipping poll ratings, the government is going to have to grip the political agenda more effectively than it is currently doing.

The second report, with the Sheareresque title A Game of Two Halves, written by Akash Paun for the Institute of Government, is more proactive. It argues for a midterm review and a renewal plan that will carry the parties through to the final year of the parliament, though not for a wholly new coalition programme. Paun wants the coalition to prioritise more, and to copy Sweden’s way of differentiating between core coalition policies which are sacrosanct and others which will be open to more debate and differentiation.

Full article:


http://www.guardian.co.uk/commentisfree/2012/jun/13/jeremy-hunt-vote-coalition-split

UCL Insights

UCL’s research newsletter: read the full text

No Surprises: more spads for No. 10?

David Cameron has come under fire from some Tories who, believing the Government to be lacking direction, have called for the appointment of more Conservative special advisers (spads) to the No. 10 Policy Unit (see Neil O’Brien’s article for the Financial Times). They argue that the Government has placed too much emphasis on peripheral issues – such as reforming the House of Lords and introducing same-sex marriage – to the detriment of the Coalition’s primary objective: the economic recovery. How has it come to this?

In May 2010, Cameron and Clegg had been determined to reverse the trend begun under New Labour of employing large numbers of special advisers (spads).  The No. 10 Policy Unit was consequently stripped-back, leaving it unable to operate effectively.  The Government soon realised this, and in early 2011 a more generously staffed Policy and Implementation Unit was created.

The question was: how should it be staffed?  It was decided that, because the Policy Unit was intended to serve both the Prime Minister and the Deputy Prime Minister, the group should be staffed by civil servants.  The reasoning was that Conservatives would be unlikely to follow advice given to them by Liberal Democrats, and vice versa.  The non-partisan civil servants, however, could offer advice free from political ideology—in theory, anyway.

Under the Coalition, the Civil Service has started to exert more influence.  Firstly, by its commitment to Cabinet government as a means of reaching consensus, the Coalition has bolstered the position of the Civil Service.  Secondly, the Civil Service has been encouraged to become more involved in matters of policy.  This latter point is a source of frustration to some Conservatives, who feel that departmental policies are being undermined by technocratic measures proposed by civil servants.  This, they argue, has led to a lack of coherence across government (James Forsyth, writing in the Spectator, examines this issue).  It taps into the long-held suspicion of civil servants as impractical and/or lacking in political nous.  And so some Conservatives believe that Cameron needs to regain political control over the Policy Unit by appointing more Tory spads.  As Charles Moore writes, ‘Conflict is usually better institutionalised than suppressed.’

Further information:

Project launch: the role of special advisers

PRESS NOTICE

Thursday 3 May: for immediate release

The Constitution Unit launches a new project on the role of special advisers (Spads) to ministers. Are they sufficiently accountable? And are they making government more responsive?

The recent resignation of Adam Smith, Culture Secretary Jeremy Hunt’s special adviser, raises important issues not just about the accountability of special advisers, but what their role in government is, say researchers at UCL’s respected Constitution Unit.

The Unit has begun a 15 month long project examining the issue of special advisers. It will ask some basic questions, which have rarely been asked: who are special advisers, what do they, and why it is that ministers regard special advisers as a vital resource?

Professor Robert Hazell, Director of the Constitution Unit, says: ‘The resignation of Adam Smith has raised questions about the accountability of special advisers: to whom are they responsible? And what is the appropriate role of the minister under which they work? These questions are not new and they will continue to be asked. Special advisers have now become a fixture in Whitehall, and so we need to ask some more fundamental questions. The role of special advisers is little understood: special advisers are seen as spin doctors, politicians in waiting, or wielding an inappropriate amount of power.’

Dr Ben Yong, lead researcher on the special advisers project, adds: ‘Leaving aside the current controversies over accountability, spads are here to stay. The number of spads has increased under the Coalition from 66 in 2010 to 83 in 2012. That is more than Gordon Brown ever had, and almost as many as Tony Blair had in his heyday. Accountability is important, but we also need to start asking questions about who spads are, what they do, and why ministers continue to appoint them.’

The project will examine the 350-odd special advisers in the period 1997-2012, looking at their history prior to government, and their activity following their time in government. This will also include interviews with former and current special advisers, their ministers and the civil servants who had contact with them. The aim is to ask not just how special advisers can be held accountable, but also how they can made more effective.

This project is funded by the Joseph Rowntree Charitable Trust. Ongoing updates on the project will available here:

 

Notes for editors

  • Robert Hazell is Professor of British Politics and Government and Director of the Constitution Unit. He is available for interview: contact r.hazell@ucl.ac.uk
  • Dr Ben Yong is a research associate at the Constitution Unit. He is available for interview: contact b.yong@ucl.ac.uk
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