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The current Advisory Committee on Business Appointments (ACoBA) lacks adequate powers and resources; does not have appropriate membership for its function; and should be abolished. Instead, the Committee says, Government should legislate to establish statutory ethics regulation with a code of conduct and enforceable statutory penalties, overseen by an independent ethics Commissioner. The new Commissioner would also take over the role of the Prime Minister's Adviser on Ministers' Interests - who advises on ministerial conduct. PASC also renews their call for the power to initiate investigations into the Ministerial Code on his or her own initiative. Enforceable statutory penalties should be introduced for failing to comply with the Commissioner's recommendations. Government reforms are implementing increasingly close working between public servants and the private and voluntary sectors. Changes to public service delivery - including the outsourcing of public sector functions and the active promotion of "interchange" between sectors-are blurring the boundaries between the public sector and other organisations. This could present greater opportunities for public officials to use their position for personal gain, and may give rise to public concern about the probity of former, and serving, public officials. The Committee says that ACoBA's procedures are "opaque" and not helpful to departing public officials who may need guidance about what appointments may be regarded as inappropriate for them to take up and does nothing to deter misleading and damaging mis-reporting of individual cases
The Business Appointment Rules set out the circumstances in which civil servants and others need to obtain government approval to accept an outside appointment within two years of leaving Crown service. In 2004-05 Sir Patrick Brown conducted a review of the rules and concluded that there should just be a single-test rule (that the individual had not had, in the previous three years, any material influence on a decision that benefited his prospective employer) and that applications should be scrutinised by a team under the aegis of the Civil Service Commission. With reference to this review, the Committee has examined the Business Appointment Rules. It concludes that it is inappropriate for Crown servant to move directly to positions where they may lobby former Ministers or colleagues. They also believe that cases should be dealt with on an individual basis and a single-test, single-sanction rule is inappropriate.
This is an analysis of the revolution of the last two decades that has built an extensive new regulatory apparatus governing British public ethics. The book sets the new machinery in the wider institutional framework of British government. Its main purpose is to understand the dilemmas of regulatory design that have emerged in each area examined.
As one of a small number of cross-government select committees, this Committee has gained a perspective on the state of Whitehall and its agencies which is not available to departmental select committees. Throughout the past five years, the recurring theme of their findings and recommendations reflects the importance of effective leadership in creating effective organisations. It is the positive or negative attitudes and behaviour in the people and the culture of an organisation which determines success or failure. Structures, processes and systems are important too, but preoccupation with these so often becomes a distraction from the real problems, which are about why people do not share information for the common good, collaborate effectively and trust one another. PASC took control of the process of selection of the Parliamentary and Health Service Ombudsman (PHSO) away from the Government altogether, so that for the first time Parliament has appointed its Ombudsman. They have also held many pre-appointment hearings for the Chairs of public bodies and were the first Select Committee to refuse to accept a government nomination for the chair of a public body. The Government was forced to re-run the selection for the post of Chair of the UK Statistics Authority under a new selection panel, and to propose a different candidate. They also hold hearings on PHSO's thematic reports, to interrogate and hold to account those who must respond to its recommendations. PASC has worked together effectively as a team despite political differences and the often controversial issues tackled
On cover and title page: House, committees of the whole House, general committees and select committees
There has been concern in the last few years that former Ministers and Crown Servants have inappropriately used knowledge they gained in Government to seek new employment in other sectors. Over two years ago the Committee launched an inquiry to examine the effectiveness of the Business Appointment Rules in ensuring propriety in the future employment of former Ministers and senior Crown servants; and to consider the potential of the Big Society agenda to increase traffic through the "revolving door" between the public sector and business and the voluntary sector. The report "The Business Appointment Rules" was published on 17 July 2012. Some twenty months later, the Government has not responded to the Report. The Committee has raised this matter both through correspondence with the Rt Hon Francis Maude, Minister for the Cabinet Office, and by way of Parliamentary Questions. The Committee views the Government failure to respond to a Select Committee Report as unacceptable behaviour and in this instance as obstructive and secretive, both showing a cavalier attitude in its responsibilities towards Parliament and thereby deliberately impeding a cross-party scrutiny of Government policy in this area.
The principles and good practice framework presented in this publication serve as a point of reference for policy makers and managers to review and modernise post-public employment policies.
Commonwealth Law Ministers from 42 jurisdictions met in Kuala Lumpur, Malaysia, from 15 to 19 April 1996. This volume contains the memoranda prepared for the meeting, including the communiqué, draft agenda and the papers presented.
This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position.