Brexit: Civil Service Code

Baroness Hayter of Kentish Town Excerpts

Thursday 17th September 2020 Lords Chamber

Asked by

[Baroness Hayter of Kentish Town]

To ask Her Majesty’s Government, in the light of reports that new guidance has been issued to civil servants working on Brexit, whether civil servants are expected to “comply with the law and uphold the administration of justice” as set out in the Civil Service Code.

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, all civil servants are subject to the Civil Service Code in supporting the Government to put forward the United Kingdom Internal Market Bill for debate in Parliament. The previous Cabinet Secretary was clear at the time that civil servants could and should work on the legislation and its passage through Parliament, as set out in the Government’s legal statement.

[Baroness Hayter of Kentish Town (Lab) [V]]

Despite the resignation of the noble and learned Lord, Lord Keen, over the Government’s breach of international law, other Ministers seem to kid themselves that it does not conflict with their Ministerial Code. However, the resignation of Whitehall’s top legal officer, Sir Jonathan Jones, suggests that the work on the internal markets Bill could breach the Civil Service Code’s requirement to comply with the law—despite the new Cabinet Secretary’s apparent offering of safe harbour. Given that one senior civil servant, we hear, has advised colleagues uncomfortable with this to alert their superiors, would the Government extend the directions mechanism from expenditure to policy work, so that Ministers can be asked to provide a direction to work on Clauses 42 to 45? Can the Minister assure the House that no civil servant will be expected to breach their code?