Accountability of Civil Servants: Constitution Committee Report

Lord Lexden Excerpts

Thursday 7th February 2013 Lords Chamber

[Lord Lexden]

My Lords, I am very grateful to be allowed to fill the gap between the powerful contributions that have been made to this debate and the Minister’s speech. A small, narrow gap is perhaps the appropriate place for one of the newest and most junior members of your Lordships’ House’s Select Committee on the Constitution.

I was roused from my natural indolence by the arrival late yesterday afternoon of the Government’s response to our report—a report which had been in the Government’s hands for well over two months, as the committee chairman, the noble Baroness, Lady Jay, made clear. One of the most telling features of the response is that it deals at length with only one element of the report: namely, the appointment of Permanent Secretaries. To that it devotes six paragraphs, while no other recommendation in the report receives more than two paragraphs by way of reply. On the appointment of Permanent Secretaries, the Government state that they believe that it would be perfectly possible under the legislation passed by Parliament in 2010 to have an appointment panel which sifts through the candidates and ensures that they are above the line for appointment, and for the Civil Service Commission then to provide Ministers with a choice between those appointable candidates: an appointment panel to appoint this panel. Is the Civil Service Commission not the panel to which we naturally look?

No previous Government have sought to exert such firm control over the processes by which Permanent Secretaries are appointed, and I share the fears expressed many times during this debate that the Government’s proposals create dangers for the great principles of impartiality, merit and competition on which appointment has always rested, hinting at the patronage from which the Civil Service escaped as a result of the Northcote-Trevelyan reforms. I am not normally drawn greatly to the career and achievements of Mr Gladstone—Disraeli is more in my line—but on this, I am entirely with him for all the reasons so eloquently expressed by my noble friend Lord Hennessy.

It is important to remember that we already have a not inconsiderable element of ministerial patronage in the system, supplied by the existence of special advisers over whom Ministers have complete control. It is not clear that Ministers always make the most effective use of this power of patronage at the moment. Should not the emphasis today be on securing for government departments truly first-rate special advisers, providing well informed, political advice to complement the well informed, impartial advice available from career civil servants?

Thirty years ago, the following words were published:

“This country is fortunate to have a Civil Service with high standards of administration and integrity. The Civil Service has loyally and effectively helped to carry through the far-reaching changes we have made to secure greater economy, efficiency, and better management in Government itself”.

Those words appeared in the Conservative Party’s manifesto for the 1983 election. If Margaret Thatcher’s radical Government were able to work successfully with the top echelons of our country’s Civil Service, why are this coalition Government—dedicated also to radical change—finding it so difficult?