Tag Archives: Spads

Government standards: the need for reform

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Before the election, Labour promised to make broad changes to the standards regime. Yet two months after the election, progress on many aspects of their plans has been slow, and the new government has already been accused of ‘cronyism’ and other ethical missteps. Peter Riddell argues that urgent action to create new safeguards (including legislation) is required, and that ministers cannot brush aside criticism on the grounds that their intentions are good.

The government is in danger of missing an opportunity to strengthen standards in public life. After more than 10 weeks in office, there have been little more than vague statements about future good intentions, and self-inflicted and unnecessary problems such as over a series of appointments of political allies to the civil service. 

Before the election, Labour promised a fresh approach to standards, focusing on creating a new Ethics and Integrity Commission, giving the Independent Adviser on Ministers’ Interests full powers to initiate investigations into ministerial conduct, and tighter enforcement of rules on post-Whitehall employment. This was part of a broader constitutional reform package that included planned changes to the ways in which parliament operates, and the devolution settlement. Before and during the campaign, there was widespread debate about how to rebuild trust in public institutions, notably the seven point plan for early action jointly unveiled on 24 June by the Constitution Unit, the Institute for Government and the UK Governance Project (a commission chaired by former Attorney General Dominic Grieve). 

The initial signs from the new government were promising: on his first day in office Keir Starmer met Laurie Magnus, the Independent Adviser, to demonstrate his commitment to high standards for ministers. But, since then, there has been nothing apart from non-committal parliamentary answers. A revised Ministerial Code normally appears very early in a new parliament and an agreed draft was ready soon after the election, but it is apparently stuck somewhere in the system. That affects the announcement about the Independent Adviser’s role. 

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Seven steps to restore trust in government ethics  

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The Constitution Unit today publishes a joint statement with the Institute for Government and UK Governance Project proposing seven steps for the new government to restore trust in the regulation of ethics in public life. This is summarised in a letter to The Times, signed by the leaders of these three groups and numerous others.

Trust in politics in the UK, and in the people and institutions of public life, is at an all-time low. Recent reports from the Institute for Government, Constitution Unit and UK Governance Project have identified important, practical reforms to the current system for setting out, monitoring and enforcing standards in public life.

A new parliament offers the opportunity for a renewal of the standards which protect our democracy. This document sets out key priorities, all of which can be easily implemented straightaway.

As soon as possible after the general election, to demonstrate clearly that a page has been turned, the Prime Minister should make a statement to parliament setting out his priorities for ethics and integrity in public life, including committing to:

  1. Publish, promote and provide independent enforcement of a new Ministerial Code designed to guide the ethical conduct of ministers.
  1. Enable ministers, senior public officials and special advisers to identify, manage and report conflicts of interest, by establishing a fair and robust new system.
  1. Ensure lobbying of ministers, senior public officials and special advisers is transparent, by building a new clear, coherent and consistent system.
  1. Regulate the post-government employment and appointments of ministers, civil servants and special advisers with a more rigorously enforced, fair and transparent system.
  1. Reform the appointments process to ensure that appointments to the House of Lords are made on merit, with the purpose of enhancing the work of parliament.
  1. Ensure public appointments are rigorous, delivered through an independent, transparent and timely process.
  1. Enhance the standing of the honours system by strengthening its independence and ending the practice of prime ministerial personal patronage.
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The Maude report: institutional fixes for political problems

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Cat Little today takes over as Cabinet Office permanent secretary at a time when how the centre of government operates is the subject of much debate. One recent report, overseen by former minister Francis Maude, was commissioned by the government and then shelved as soon as it was published. Max Emmett argues that it largely suggested institutional fixes to political problems and that successful reform will require strong ministerial support.

Introduction 

The Independent Review of Governance and Accountability in the Civil Service is not a plan for civil service reform. The report’s author, former Cabinet Office Minister, Lord (Francis) Maude of Horsham, was explicit at a event hosted by the Institute for Government that the report should not be understood as an attempt to fix the problems of the civil service, but contains recommendations for the preconditions needed for effective and long lasting change. Whilst Maude outlines a number of critiques of the civil service – its closed culture, reliance on generalists, churn and emphasis on policy over implementation, among others – his recommendations generally do not focus on solving these specific problems. 

What the Maude report aims to do is to provide both diagnosis and solutions to why these problems, well known and longstanding as they are, have not been effectively dealt with in government. The report highlights ineffective leadership and accountability for the civil service, in particular for the reform agenda, and an institutional centre ill-equipped to manage it. The proposed solutions include major reforms to the centre of government. Many of the functions of the Cabinet Office and the Treasury would be merged into a new Office of Management and Budget with the remaining cabinet support functions folded into an expanded Prime Minister’s department and the Treasury’s economic policy and tax raising functions remaining in a smaller more economy-focused department. The new Office of Management and Budget would be led by a permanent secretary-level civil servant who would act as the Head of the Civil Service and be responsible for driving forward the reform agenda. The Cabinet Secretary would lose their Head of the Civil Service role and retain their position as the most senior civil service advisor to the Prime Minister. 

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The UK Governance Project: proposals for reform

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A commission chaired by former Attorney General Dominic Grieve recently published a report on the current state of UK governance, which has identified substantial problems and made recommendations to improve matters. Here, Dominic outlines the report’s key conclusions and recommendations, ahead of an online Constitution Unit event at which he and fellow commissioner Helen MacNamara will discuss the report in greater detail and answer audience questions.

Introduction

The origin of this project was a shared concern amongst the Commissioners who came together to produce it, that the institutions which underpin our parliamentary democracy are losing credibility. This is certainly the view of the public. A 2023 Constitution Unit survey has shown that only 38% of respondents were ‘very satisfied’ or ‘fairly satisfied’ with the way UK democracy operates. In contrast 52% were dissatisfied. The same percentage agreed with the statement that ‘politicians tend to follow lower ethical standards than ordinary citizens’. Yet the same politicians are the lawmakers and governors who expect others to respect the rules they create. 

It should therefore come as little surprise that 78% of respondents also considered that ‘healthy democracy requires that politicians always act within the rules’. Yet in recent years there is plenty of evidence that this has not been happening. Government ministers have been found to be ignoring the ministerial code of conduct under which they are supposed to operate. When they have, nothing has been done about it. We have had a Prime Minister, Boris Johnson, who was found by the Commons Privileges Committee to have deliberately misled parliament. The principle that appointees for life to the House of Lords as legislators in a revising chamber should be of conspicuous integrity, has been shown to be capable of being flouted at Prime Ministerial will. The Electoral Commission, which was created to ensure that elections should be free from improper interference by the government or other interests, has had its powers and independence reduced.  It has become more obvious than ever, particularly during the Covid-19 pandemic, that the powerful degree of control that a government exercises over parliament is not conducive to the enactment of properly scrutinised primary laws and secondary legislation.

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The civil service: what is its role?

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This is the first edition of this briefing. It has since been updated. Read the most up-to-date version and other briefings on the Constitution Unit’s website.

Recent years have seen significant tensions between ministers and civil servants, with allegations of bullying by ministers and leaking by civil servants, and a number of permanent secretaries forced out. This has prompted debate about reform. Lisa James, Meg Russell, and Alan Renwick argue that any changes to the form and functions of the civil service should have at their heart the core civil service principles of integrity, honesty, objectivity and impartiality.

Background

The civil service is a vital part of the UK’s constitutional system, and is central to helping the government of the day to develop and implement policy. Nonetheless, there are perennial tensions and questions about its role, which have heightened in recent years. The volume and tenor of recent attacks by some politicians on the civil service have provoked particular concern.

This briefing explains the role of the UK civil service, and how it works with ministers. Some civil servants have frontline delivery roles – for example, jobcentre workers, border officials and prison officers. But the briefing focuses on those civil servants who work in central government departments, particularly those working with and around ministers on policy.

What is the role of the civil service?

The UK civil service is permanent and politically impartial. Civil servants continue in post when governments change, and are forbidden from offering political advice to ministers – a role performed instead by special advisers. They must also maintain individual impartiality (which precludes, for example, senior civil servants engaging in party political activities even outside their work).

However, the civil service is not independent. Its fundamental role is to serve actively the government of the day in policy development and delivery. This does not simply mean following ministers’ instructions: good governance requires ministers to draw on a range of objective, evidence-based advice and balanced perspectives before making decisions. Hence civil servants provide such advice on the pros and cons of policy options – even if that sometimes contains unwelcome messages. Civil servants also translate policy decisions into action, implementing the policy direction set by ministers.

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