Improving standards of conduct in public life

In November, the Constitution Unit hosted Lord (Jonathan) Evans, Chair of the Committee on Standards in Public Life, to discuss its new report, ‘Upholding Standards in Public Life’. Lisa James summarises the discussion.

In November, the Committee on Standards in Public Life (CSPL) published its report Upholding Standards in Public Life, the result of a year-long review of the system of standards bodies regulating the UK government. Following the report’s publication, the Constitution Unit hosted a webinar with CSPL’s Chair, Lord (Jonathan) Evans, to discuss the findings. The event also followed closely behind the parliamentary standards scandal over then-MP Owen Paterson, in which the government was forced to U-turn after trying to overturn the House of Commons Standards Committee’s findings against Paterson on allegations of inappropriate lobbying.

The summary below reflects Lord Evans’ remarks and conversation with the Unit’s Director, Meg Russell. A full video of the event, including the audience Q&A, is available on our YouTube page.

Lord Evans began by introducing CSPL and the reasoning behind the Standards Matter 2 inquiry. CSPL is an independent advisory body, with an independent majority and a minority of party-political members. Established by then Prime Minister John Major in the wake of the cash-for-questions scandal, it was originally conceived as an ‘ethical workshop’ for the public sector. Continuing the metaphor, Lord Evans suggested that CSPL’s recent inquiry might be seen as an ‘MOT’ of the regulatory system for government: a wide-ranging review of the whole system, in an attempt to identify problems and suggest improvements. Focusing on ethical standards, the committee did not recommend radical change, but identified a number of moderate, ‘common-sense’ reforms to strengthen the system. These fell into three broad categories: stronger rules; greater independence for regulators; and a stronger compliance culture within government.

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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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Pre-appointment scrutiny hearings

robert-hazell-350x350In September the Commons Public Administration and Constitutional Affairs Committee published their report into Pre-Appointment Scrutiny Hearings. Robert Hazell gave evidence to the committee’s inquiry on the subject; here he discusses the report’s conclusions, and describes the events that led to its being undertaken, including two Constitution Unit studies that evaluated the effectiveness of such scrutiny.  

The recently published report of the Commons Public Administration and Constitutional Affairs Committee (PACAC) was the product of an inquiry undertaken at the request of the Commons Liaison Committee, because of growing concerns amongst Select Committee chairs that pre-appointment scrutiny hearings were a charade, especially when the government ignored committee recommendations.  The Liaison Committee and PACAC both heard evidence from the former Constitution Unit Director, Professor Robert Hazell, who explained that pre-appointment hearings were more effective than MPs recognised, and suggested ways in which they could be made more effective still.

Pre-appointment scrutiny hearings were introduced by Gordon Brown, when he became Prime Minister in July 2007.  In his Green Paper The Governance of Britain he proposed:

… that the Government nominee for key positions … should be subject to a pre-appointment hearing with the relevant select committee. The hearing would be non-binding, but in the light of the report from the committee, Ministers would decide whether to proceed.  The hearings would cover issues such as the candidate’s suitability for the role, his or her key priorities, and the process used in the selection.

The Cabinet Office and the Liaison Committee subsequently agreed a list of just over 50 key positions which would be subject to the new procedure. Ten years later, by the end of the 2015-17 Parliament, there had been almost 100 scrutiny hearings, involving almost every single departmental Select Committee. The Constitution Unit conducted an early evaluation of the first 20 hearings in 2009-10, and a second study in 2016-17, looking at a further 70 hearings. Continue reading