Earlier this year the government published Sir Gerry Grimstone’s report on public appointments, proposing a dismantling of the Nolan system of regulation that has been in place since 1995. Sir David Normington, whose term as Commissioner for Public Appointments ended shortly after the publication of the Grimstone report, has been an outspoken critic of the proposals. At a Constitution Unit seminar on 8 December he explained why he believes they represent a step in the wrong direction. This post is adapted from his speech.
Ministers make on average over 2,000 appointments each year to boards of about 300 public bodies and statutory offices. The bodies touch every aspect of our lives. They include regulators like the boards of Ofcom and Ofwat; inspectors, like the Chief Inspectors of Schools, Police, Probation and Prisons; funders like the Arts Council and the Big Lottery Fund; advisory bodies like the Committee on Climate Change; and a multitude of executive bodies, like NHS trusts, national parks, museums and galleries.
It matters who fills these roles. The boards themselves need to comprise well-functioning teams of skilled people from diverse backgrounds who can command public confidence. At the same time these are ministerial appointments and it is essential that those appointed are willing to work within, and not against, the framework of the policy that the government of the day has set down.
There is, however, a balance to be struck between ministers’ right to appoint and independent oversight and regulation. Think of it as a spectrum. At one end ministers have almost complete freedom to make appointments as they think fit. At the other, appointments are handed over to an independent body and ministers forego their powers to appoint altogether. Over nearly 30 years policy and practice has flowed to and fro across this spectrum; and so have the arguments about where to draw the line.