Standards in public life: are we in a post-Nolan age?

In 1995, the Nolan report established ‘Seven Principles of Public Life’. Twenty-five years later, questions have been raised about the continuing relevance of the Nolan principles. Lord (Jonathan) Evans of Weardale, Chair of the Committee on Standards in Public Life, argues here that although we are not not yet living in a ‘post-Nolan’ age, there are reasons for real concern.

In recent months we’ve heard a new phrase used by academics, commentators, and members of the public who have an interest in public standards. That phrase is a ‘post-Nolan age’. 

The sentiment is encapsulated in an email sent to my Committee’s mailbox earlier this year. A member of the public told us they ‘feel a great sadness that the moral framework which has guided British public life for the past quarter century appears to be well and truly over’.

The email referred to the growing perception that those in public life no longer feel obliged to follow the Nolan principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership – otherwise known as the Seven Principles of Public Life

These principles have long underpinned the spirit of public service in this country, and were first formally articulated in Lord Nolan’s seminal 1995 report – the first from the Committee on Standards in Public Life, of which I am now Chair.

Since 1995 it has been increasingly accepted that anyone in public service should act in accordance with the Seven Principles. The Principles apply to ministers and MPs, all civil servants, local government officials, public bodies, the NHS, agencies as well as private companies and charities delivering services on behalf of the taxpayer. The Principles are not a rulebook but a guide to institutional administration and personal conduct, and are given a hard edge when they inform law, policy, procedure and codes of conduct. 

In their essence, the Seven Principles are there to govern the legitimate use of entrusted power in public life. All of us in public life, whether through democratic election or public appointment, have some degree of power afforded to us on the public’s behalf, whether it is the power to make decisions on benefits, to spend money on schools, to legislate to protect public health or to influence debate. This power is lent to us to be used for the good of the public.

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The origins of the Cabinet Office Constitution Unit (1974–79): documenting the pitfalls of constitutional reform

In 1974, the Cabinet Office established a ‘Constitution Unitfollowing a difficult birthing process, which operated until the election of the Thatcher government in 1979. It was this Unit that inspired our own founding Director, Robert Hazell, when naming the newly-formed Constitution Unit 25 years ago. As part of this latter Unit’s 25th anniversary, Joseph Ward examines its earlier namesake, its founding and work, and what lessons we can learn from its role within government.

The 1970s was a decade marked by rising distrust in Britain’s political institutions. Intransigent governing problems, from inflation to nascent nationalism, fuelled a narrative that Britain was in crisis. Commentators in both academia and the press talked of a crisis of ‘governability’, with the state seemingly unable to keep pace with the demands placed on it by the public. 

In response to these trends, the Wilson government(s) of 1964–70 and 1974–76 instigated a series of constitutional reform measures. After creating the Kilbrandon Commission on the Constitution in 1969, Wilson sought to revisit the findings of the inquiry once returned to government in 1974, creating a bespoke Constitution Unit within the Cabinet Office to implement proposals for devolution to Scotland and Wales in particular. This ‘Constitution Unit’ was the conscious inspiration for the name adopted by UCL’s Constitution Unit when it was founded by Professor Robert Hazell in 1995, and which is currently celebrating its 25th anniversary

This blog post examines a selection of the Constitution Unit records held at the National Archives to document how the unit came about and to consider the struggles within the state over its remit. The political turbulence of that period, especially after James Callaghan succeeded Harold Wilson in 1976, presented the Unit with many challenges, as did the magnitude of its task. The post concludes with some reflections on the origins of the Unit to consider any lessons it might hold for constitutional reform in the contemporary context.

Foundations: The Kilbrandon Commission on the Constitution

In response to significant by-election wins for Plaid Cymru and the Scottish Nationalists in the late 1960s, Harold Wilson set up a Royal Commission on the Constitution in 1969, tasked with examination of ‘the present functions of the central legislature and government in relation to the several countries, nations and regions of the United Kingdom’ (Cmnd. 5460: 32). Its course was characterised by turbulence and disagreement: the commission took 4.5 years to report, more than one member resigned before it completed its work and the initial Chairman, Lord Crowther, died in 1972 midway through the inquiry. 

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Can Dominic Cummings defy the political laws of gravity?

meg_russell_2000x2500.jpgRecent news has been dominated by Dominic Cummings’ lockdown trip to Durham. As a serial rule-breaker, he seems intent on flouting the maxim that ‘when the adviser becomes the story, the adviser must go’. But with MPs returning today, other fundamental political rules may not be so easily broken, writes Meg Russell. All Prime Ministers depend on their backbenchers for support and, with Conservative MPs in open revolt over Cummings, Johnson’s backing for him may yet become untenable. In the Westminster system MPs are ultimately in charge, and there are ways in which they could assert their position.

The Prime Minister’s adviser Dominic Cummings doesn’t like to follow the rules. That’s not necessarily a statement on his lockdown-breaking trip to Durham – disdain for established rules, and specifically for conventional wisdom that can’t be directly enforced, is what Cummings has long been known for. For some, it’s seen as part of his ‘genius’. From flying a giant inflatable white elephant over the north-east during a referendum that destroyed Labour’s plans for English regional devolution, to the audacious ‘£350 million a week’ for the NHS on the Vote Leave battlebus, to the long-planned ‘people versus parliament’ election of 2019, his boundary-stretching has often proved a winning formula, and delivered for Boris Johnson.

Cummings has long shown particular disdain for traditional political institutions, and their old ways of doing things. He’s well-known for wanting to pursue radical reform of the civil service. Conservative Brexiteer MP Steve Baker, who was among the first to call for him to quit, credits Cummings with Johnson’s attempt to prorogue parliament for five weeks, which was overturned in the Supreme Court. That move, like several others associated with Cummings, indicated his view that conventions, or the ‘accepted way of doing things’ count for nothing, while all that matters is the letter of the law. Other examples include suggestions to ‘pack’ the House of Lords with hundreds more Brexit-supporting peers, or to advise the Queen not to sign a rebel bill into law. Indeed ‘Downing Street sources’ went even further late last year, suggesting that Johnson might refuse to abide by a law passed by parliament. Continue reading

What the RHI Inquiry tells us about the ‘chilling effect’ of freedom of information laws

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The report into the Renewable Heat Incentive scheme provided an insight into the functioning of government in Northern Ireland. Ben Worthy examines the extent to which it revealed that freedom of information laws have produced a ‘chilling effect’ and affected the completeness of the public record when it comes to ministerial discussions and decisions.

One of the biggest fears for transparency campaigners is that Freedom of Information (FOI) laws could create an incentive to hide instead of open up. Could the presence of such laws lead to officials and politicians trying to hide from them, or even fight them? The particular concern is that laws designed to increase transparency might instead empty out the official record, so that meetings go un-minuted, conversations go unrecorded and that important audit trails simply disappear. Even where it goes on, this so-called ‘chilling effect’ is notoriously hard to prove. 

This was one of the many concerns raised as a consequence of scrutiny of the Renewable Heat Incentive (RHI) scheme in Northern Ireland. The alleged mishandling of the scheme partially led to the collapse of the Northern Ireland Executive in January 2017 and prompted an official inquiry, which reported last month. Back in March 2018, giving evidence to the RHI Inquiry, the Head of Northern Ireland’s Civil Service, David Sterling, admitted that ‘the practice of taking minutes had “lapsed” after devolution’ and mentioned FOI specifically as a factor. Continue reading