My Lords, that is a pretty firm pass. It is very good to be back after a period away, although this is the first time I will have tried to stand for 20 minutes non-stop. I do not regret the need for this debate and I was rather puzzled that the noble Lord, Lord Hennessy, said that in his opening remarks. It seems to me that it is exactly the job of this House to debate the principles of government to see where we think government may be going wrong. We are, in effect, the institutional memory—though some of us can remember rather more than others. In dealing with a number of papers over the past 10 days, I have been very struck by how the institutional memory does not go back much beyond about 1990; however, mine does, so I was able to say, “No, the problem did not begin then”. That is precisely the sort of thing that we should be doing here.
I should declare a few interests. I am a member of the Civil Service reform board. My wife was a civil servant for seven years, at a time when the Civil Service was pretty unfriendly to women with children. My daughter is a civil servant, at a time when the Civil Service is very friendly to women with children—I am happy to say that that is part of the transformation over the past 30 years.
As a young academic, in 1977 I published a study of Whitehall’s management of Britain’s international relations and then got caught up in a government review, the Berrill report, of much the same thing. I vividly remember being carpeted in the Paris embassy by Sir Nicholas Henderson, who thought that I was a dangerous radical suggesting all sorts of things that would undermine Her Majesty’s Diplomatic Service—and, indeed, the Diplomatic Service saw off the Berrill report pretty firmly. That was a mistake. It is part of the problem that we have with the absence of language skills across the Civil Service at present that we did not think, as the Berrill commission and others like me were saying, that we needed to spread those skills across the Department of Trade and Industry and other departments. The internationalisation of government is one of the revolutions that we have been running through since then.
Over the past 30 or 40 years, Whitehall and the British Government as a whole have had to cope with a whole series of changes. I have mentioned internationalisation, but we have also seen the gradual centralisation of the delivery of public services—first across the country and then with the partial reversal of that in the establishment of the devolved Governments—which has left England as the most centralised country in the advanced industrialised world. I hope that what the coalition Government is now doing with city deals is beginning to reverse that. That will have implications for the central Civil Service.
The expansion of public services, particularly the provision of welfare and health, is running up against the limits of the capacity of government to finance the services being provided. That is one of the underlying problems that any Government of any party will face in the coming years.
Over the past 20 years, there has also been the growth of outsourcing and contract management. The move away from lifetime employment has been a matter not just for the Civil Service but for our entire economy and society. It has been recognised that the accumulation of skills from shifts in post in your career helps you on your way to reaching positions of responsibility at the top—particularly, the need to acquire management skills, which the Civil Service has been much concerned about.
Of course, there is also now the digital revolution. The Government have been behind the private sector in moving from paper to digital exchange, but I am happy to say that through the Cabinet Office—Francis Maude and others—they are doing their utmost to catch up. One of the most effective pieces of insourcing in which this Government have been engaged is the creation of the Government Digital Service. This is made up of a number of bright outsiders who hate wearing ties when they come to work but who are very good at pushing forward the revolution that we need in this respect.
There has also been the revolution of the coalition Government, to which the Civil Service has had to adapt. In my experience, a number of civil servants have adapted extremely well to the tactful ways in which Ministers of two different parties have to be treated. There has been a need for adaptation while, as a number of people have argued, sticking to the core principles of Northcote-Trevelyan.
On the concept of civil servants following the national interest, we no longer talk about them as being “servants of the Crown” but the noble Lord, Lord McNally, talked about the ethos of public service and a sense of altruism as being important parts of what they believe in. That ethos has been undermined to some extent, particularly on the economic right, by the growth of public-choice economics and by the philosophies of Ayn Rand which have come across the Atlantic, but I think that all of us here would hold to the idea that service to the state and the concept of public service are important parts of what holds government, the Civil Service and society together.
The noble Lord, Lord Marlesford, referred to the transformation of the Civil Service in terms of diversity and gender. It is encouraging how many bright young women there are coming up in the Civil Service. I think that eight of the 36 Permanent Secretary posts are now held by women—that is not enough; it was rather more two years ago and we hope that it will again be rather more in a few years’ time. There is real diversity across the sector. When I travel to other countries, it seems to me that at every embassy that I visit the economic counsellor is of south Asian extraction. Lots of bright people, men and women, are coming through the Civil Service. That is one of the achievements in particular of the Blair Government and, within the Foreign Office, of Robin Cook. We recognise that that has helped to take us forward.
On the issue of a parliamentary commission, the Government are not persuaded of the need for a vast commission. The noble Lord, Lord Hennessy, is too young to remember some of the royal commissions of the past. When he was probably still at school, I was a junior adviser to the Crowther-Hunt Royal Commission on the Constitution. If he has the nine volumes on his shelves, he will find in volume VII a paper that I wrote. The commission took several years and almost no one now remembers it. We are hesitant about getting back to the circumstance in which, as they used to say, such commissions “take minutes and years”.
The Prime Minister did say to the Liaison Committee that he is not entirely closed to the idea of further inquiries. As the noble Lord, Lord Norton, suggested, it would be more helpful if we took one chunk at a time rather than tried to take the whole thing. For example, there is the question of the relationship among Ministers, civil servants and Parliament. The noble Lord, Lord Turnbull, talked about the role of junior Ministers and how many we may need, which is a rather fundamental issue for the future of the relationship between Executive and legislature. The noble Lord, Lord Waldegrave, suggested that we look at the future of the Civil Service Commission.
Through committees and in debates, there are a range of things that this House and the other House should be encouraged to do. That is a different exercise from saying that we need to start again and re-examine the principles of Northcote-Trevelyan, of Haldane or indeed of Fulton.
Will the Minister confirm that Parliament can look at these things, in toto or seriatim, only with the consent of the Government? Can we expect that the Government will be more encouraging than they have been so far?
My Lords, I am not entirely sure what the position on this is, but I suspect that there is a formal position and an informal one. Parliamentary committees inquire into a great many aspects of government, and that is welcome and will no doubt continue. I think that where a good case for a parliamentary inquiry is made, the Government will not obstruct it.
I think that the noble Lord, Lord Norton of Louth, may have been on to something. This House can set up its own committee if the Government were so stubborn as to try to stop any other route. This House can do it and may have to.
My Lords, the Government are not opposed to intelligent inquiry by Parliament. One of the many things that has changed over the past 40 years is the relationship between Parliament and civil servants. Parliamentary inquiries by my honourable friend Bernard Jenkin’s committee, Margaret Hodge’s committee and others are a regular part of life in a way that they were not 40 years ago. That is a desirable development. We are now having to think about how we rewrite the Osmotherly rules to fit in with this new development.
I have heard a diversity of views in this debate about how far civil servants and senior officials should be directly answerable to Parliament for the major projects that they have been leading. That is another area that is worth examining. After all, we are light years away from the Crichel Down affair, when a Minister resigned over a failure in his department about which he knew little. We would not want go back to that. This is another area where the relationship among Ministers, senior officials and Parliament has evolved, and it will no doubt need to evolve further.
I think I heard my noble friend say that the Government were not opposed to a parliamentary inquiry into the Civil Service. Does that mean that, should Parliament decide to set up an inquiry, it would have the support of the Government?
My Lords, I said that the Government are not opposed to parliamentary inquiries. The Prime Minister is not currently persuaded of the case for a massive commission of inquiry of the sort that my honourable friend Bernard Jenkin’s committee recommended. No doubt there will be further discussion on that and on the sorts of topics that it would be reasonable to address.
I turn to the politicisation of the Civil Service, which a number of noble Lords have touched on and expressed concern about. In my experience over the past three and a half years, I have found special advisers, both those within the Deputy Prime Minister’s Office and those working for Conservative Secretaries of State, to be extremely helpful in easing the relations between the coalition partners and in assisting private offices in the division of work between what is entirely administrative and what becomes political. Perhaps it would be appropriate for a parliamentary committee to look at the expansion of special advisers but I certainly would give evidence in favour of their usefulness in the scene. Whether or not the expanded ministerial office will be that different from what one saw in Gordon Brown’s private office, for example, where the spads were very much part of the office, I am not entirely sure. Again, we should recognise that practice has already evolved and will evolve further.
There has also been concern about the question of choice in Permanent Secretary appointments. We have been round this many times before. I am old enough to remember as a student the great spat between Richard Crossman and his Permanent Secretary. Since then, a number of Secretaries of State—Jack Straw and others—have insisted that they have in effect chosen their Permanent Secretaries. This is an area in which it seems that the recent suggestion that the Prime Minister should have the ultimate say on the appointment of a Permanent Secretary is an acceptable move in this evolving set of relations.
The move to fixed-tenure Permanent Secretary appointments also seems a worthwhile step forward. We are conscious that there has been a fairly rapid turnover in the past two years, although I point out that the average tenure of Permanent Secretaries currently in place and those who have retired since 2010 is about four years. This is not too violent a change.
How do we strengthen Civil Service accountability? That takes us to the Osmotherly rules and the question of how far Parliament and parliamentary committees should be examining officials directly. We have already gone a long way down that road, as we well know. That requires some further study and investigation because of course one wants to protect officials from too aggressive parliamentary scrutiny. That question therefore relates to Parliament as much as Ministers.
The Civil Service reform plan has been very much concerned with the capabilities, skills and training of the senior Civil Service and with contract management and improving commercial skills. I said to one of my former students the other day that I was not entirely sure about the recommendation that there should be substantial additional payments for some senior officials. I had my ear chewed off by a bright young civil servant who said that we need to buy in commercial and management skills from time to time and if we have to pay more for them it is worth doing. That, after all, is part of what we are now trying to do.
We are carrying through the digital revolution. I have just written a rather sharp note to the Department for Transport about some of the design problems in the DVLA online form for over-70s renewing their driving licence, and had an extremely good reply from the Secretary of State. We are improving, as noble Lords know. The gov.uk website received an award last year.
The role of the head of the Civil Service has also been touched on. Over the years, we have moved from a combined head of the Civil Service and Cabinet Secretary to occasional splits between the two. From my time on the Civil Service Board, it seems to me that the current division works well. Others in later periods may differ again, but that is the preference of the current Government.
Having now worked in five different departments in the past four years, I am concerned about the gap between the departments and the centre. The obscurantism of one or two departments—unnamed—is worrying. The difference in quality of civil servants at the middle level in a number of departments is worrying. Therefore, I am strongly in favour of providing more shared services from the centre as we hope to shrink the central administration and push more delivery down to the local level.
This has been a worthwhile debate. I come back to where I started: the noble Lord, Lord Hennessy, should not regret having to call for a debate such as this. It is very much the job of the House of Lords to hold debates about the structure of government and the nature of the state. That should be part of our prime purpose. There is an awful lot of institutional memory inside this Chamber. Sometimes perhaps we think that there was a golden age or that we would like the world to be the way it was 20 to 30 years ago, without fully recognising the challenges we have now. Nevertheless, we have a great deal to contribute.
I thank all those who have contributed, one or two of whom I can remember interviewing when I was a junior academic—
Before the noble Lord concludes, will he deal with the serious point I made in my speech, which the noble Lord, Lord Kerr, also raised, about the upholding of the Civil Service Code and the failure of that to be done in Scotland, and the responsibility that lies with the head of the Civil Service in England because of the precedents it will create to deal with this?
My Lords, I would prefer to write to the noble Lord on that extremely sensitive issue. I think he will understand why. Such matters under the Civil Service Code are for the Scottish Government in the first instance and will be dealt with by the relevant Permanent Secretary. But I will go back and write to him. I know where he is coming from and the point he is trying to make.
We have had a worthwhile debate. It is very good to have a range of different contributions from people who have seen the evolution of British government—
My Lords, I am sorry to interrupt, but will the noble Lord add the usual assurance that he will provide a copy of that letter to the Library?
I will certainly provide a copy of the letter to the Library.
I look forward to the next debate in this House on the Civil Service and perhaps to the ad hoc committee that the noble Lord, Lord Norton of Louth, might succeed in persuading the authorities to have. This is a subject that we need to continue to discuss, although not necessarily through establishing very large and long-lasting joint parliamentary commissions.