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The draft Cabinet Manual was published by the Cabinet Office on 14 December 2010. Its development was first announced in February 2010, when, in a speech to the Institute for Public Policy Research, the then Prime Minister, Gordon Brown, stated that he had asked the Cabinet Secretary, Sir Gus O'Donnell, "to lead work to consolidate the existing unwritten, piecemeal conventions that govern much of the way central government operates under our existing constitution into a single written document." The concept of a Cabinet Manual appears to have drawn extensively upon experience in New Zealand. The full draft of the Manual (incorporating a revised version of the chapter on elections and government formation) was published with the agreement of the new Prime Minister, David Cameron, and the Deputy Prime Minister, Nick Clegg, and after its text had been approved by the Cabinet following consideration by the relevant Cabinet sub-committee and was made subject to public consultation. The Cabinet Secretary has stated that he expects to invite Cabinet to endorse a revised version of the Cabinet Manual in the spring of 2011. This report forms the Select Committee on the Constitution's response to the consultation. It is also intended to inform Members of the House about the issues which arise from the Manual's publication.
This report from the Public Administration Select Committee (PASC) responds to the Government's consultation on the Draft Cabinet Manual. PASC welcomes the Manual, and dismisses the notion that it represents the start of a written constitution. Instead it recommends a number of improvements to ensure it meets its primary purpose as a comprehensive and authoritative guide to government practice for ministers and civil servants. The Committee recommends that the Cabinet Manual should be clear about its aim; be fully and comprehensively referenced; and distinguish more clearly the legal or other status of the information. As such PASC also suggests that the name Cabinet Manual is potentially misleading and should be changed to better reflect its contents and objectives.
Whilst welcoming the motivation behind the Manual and the transparency it brings to the workings of Government, the Committee says that in practice the Manual may be treated as having greater authority than originally intended, particularly where its content extends beyond matters purely for the Executive. All the work of the Executive, including the Cabinet Manual , is subject to scrutiny by Parliament. The fact that the document is primarily directed at the Executive does not exempt it from this scrutiny. The Committee makes some practical suggestions for specific improvements to the text, focusing particularly on the chapters covering government formation and ministers and Parliament. The Committee also challenges some of the specific content of the draft: the failure to include the convention, acknowledged elsewhere by the Government, that Parliament should have the opportunity to debate decisions to commit troops to armed conflict; guidance on when a Prime Minister should resign following a hung Parliament. The Committee recommends that the House should hold a regular debate on the Manual. The Committee felt, despite dissatisfaction with parts of the original draft, there was no reason to delay production of an approved version. The new version need not be perfect as it will be subject to further review.
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The Cabinet Manual sets out some important "rules of the game" on constitutional issues that are of public interest, such as when the sitting Prime Minister at a general election who is unlikely to command a majority in the Parliament just elected should tender his resignation. Cabinet Manual provides a source of information on the laws, conventions and procedures that affect the operation and procedures of the Government. The Committee says that well before the forthcoming election, the Cabinet Secretary should set out the Government's view of the constitutional principles that will underpin the continuance in office or otherwise of an administration following a general election. Revision of the Manual is important: a document which is not regularly updated to reflect relevant developments will lack authority. The Committee believes the Manual should be revised at least every Parliament, and especially on the arrival of a new administration. The Cabinet should publish, and keep updated, a list of matters which need to be amended when the Manual is nest revised, and should mark up the online version of the Manual at places where revisions are expected.
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