Advice in a time of belief: Brexit and the civil service

Jim.Gallagher.150x150.jpgThe role of the civil service in delivering Brexit has been hotly debated by many. Its neutrality has been questioned by some, and individual civil servants have been personally criticised. But what precisely is their role when it comes to advising ministers, and has it been affected by Brexit? Jim Gallagher argues that just as political parties have been tested by the result of the 2016 referendum, the civil service is similarly under pressure.

The UK civil service prides itself on being able to serve democratically elected ministers of radically different political beliefs. This principle of political neutrality has carried it through transitions as marked as Callaghan to Thatcher, Major to Blair, and from the Brown government to its coalition successor.

The permanent home civil service has also successfully transitioned from serving Westminster departments to devolved administrations in Cardiff and Edinburgh, even advising a Scottish government in pursuing independence. None of these transitions has been painless, but Brexit seems to present a different challenge.

Individual officials have been publicly identified for criticism, dismissed or moved after giving unpalatable advice, or leaked against in the press. Sir Ivan Rogers was sacked from his job in Brussels for advising on how the EU would react. Olly Robbins will be the fall guy for negotiating Mrs May’s failed deal. Last week, Sir Kim Darroch, the UK’s ambassador in Washington, resigned, and the Cabinet secretary Sir Mark Sedwill is said to be next.

But this may not just be about individuals. Many pro-Brexit politicians seem to see the civil service as a supporter of the establishment they seek to overthrow. So is the principle of a politically neutral civil service under threat? Continue reading

The Lords Leader and Cabinet controversies

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The Prime Minister has angered peers by appointing Baroness Stowell as Leader of the House of Lords without appointing her to the Cabinet. In a scathing debate last Monday David Cameron was criticised for diminishing the status of the Lords Leader, and thus the chamber itself. Meg Russell and Robert Hazell highlight that the row, and the proposed solutions, point to wider uncertainties about the size of Cabinet and status of Cabinet ministers.

The current controversy began on 15 July with the Cabinet reshuffle, when the previous Lords Leader (Lord Hill of Oareford) was nominated as Britain’s next EU Commissioner. This vacancy was to be taken by Baroness Stowell. But while Lord Hill had been a Cabinet member, it soon emerged that Baroness Stowell would not be; instead she would join the ranks of ministers merely ‘attending’ Cabinet. Following criticism that a male Lords Leader was being replaced by a female one at a reduced level of pay, the Prime Minister offered to top up her salary to the level of a Cabinet minister from Conservative Party funds. Baroness Stowell showed her mettle by publicly rejecting this offer. On the day after the reshuffle peers had made it clear (from col. 594) that they considered it inappropriate for a minister formally representing the whole House of Lords to be part-paid by one political party.

The most fundamental principle at stake concerns the representation of the House of Lords at Cabinet level. This is the first time the chamber has had no representation among full members of Cabinet. In a quick report issued on 25 July, the Lords Constitution Committee commented that all previous Leaders of the House of Lords have had Cabinet rank. But the nature of the change goes far further. The position of Lords Leader dates only to 1846, when Lord John Russell became Prime Minister in the Commons. Before this Prime Ministers had more commonly been drawn from the Lords. It was also common until the 19th century for a majority of Cabinet members to be peers. This subsequently declined, but Lords representation had always been guaranteed by presence of the Lord Chancellor: a centuries-old post held consistently by a peer until reform in 2005. Hence until nine years ago the Lords effectively had two guaranteed seats in Cabinet. Suddenly it has none.

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