Recommendations & Conclusions
9 items
1
Recommendation
Fourth Report - Propriety of Governance…
Not Addressed
The Cabinet Secretary denied that there is a lack of resource dedicated to compliance issues in Government but admitted that there is a “brigading issue” of making them work together. We accept that Nigel Boardman’s proposal for a Compliance Function might create difficulties by cutting across current compliance operations located …
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The Cabinet Secretary denied that there is a lack of resource dedicated to compliance issues in Government but admitted that there is a “brigading issue” of making them work together. We accept that Nigel Boardman’s proposal for a Compliance Function might create difficulties by cutting across current compliance operations located in existing Functions. However, other means of addressing the “brigading issue” are required. We were told work has been conducted to address this. In its response to this report, the Government should include an update on this and its next steps.
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Government response AI summary
The Government states it is not bringing forward new primary legislation to underpin the roles, remits, and codes of standards bodies, failing to provide an update on addressing the 'brigading issue'.
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2
Conclusion
Fourth Report - Propriety of Governance…
Not Addressed
The threat of legal action and the resulting sanction for breaching the Business Appointment Rules would, in our view, be a sufficient deterrent to ensure that such action would be needed only rarely.
Government response AI summary
The government's response discusses the Model Services Contract and HM Treasury guidance on Novel Financing Arrangements, implementing Boardman review recommendations related to Supply Chain Finance, which is unrelated to the recommendation.
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9
Recommendation
Fourth Report - Propriety of Governance…
Not Addressed
The Commissioner for Public Appointments should be placed on a statutory basis in an Act of Parliament at the earliest opportunity. The legislation should make clear that the Commissioner’s role is to ensure that public appointments made by Ministers are in compliance with the Governance Code. It should also detail …
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The Commissioner for Public Appointments should be placed on a statutory basis in an Act of Parliament at the earliest opportunity. The legislation should make clear that the Commissioner’s role is to ensure that public appointments made by Ministers are in compliance with the Governance Code. It should also detail the process by which the Commissioner is appointed, the term of office, and their role in revisions to the Governance Code for Public Appointments.
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Government response AI summary
Minister must therefore retain the ultimate right to make a determination on whether or not a Minister has breached the Ministerial Code. The Independent Adviser's role is to provide advice to support that decision making.
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12
Conclusion
Fourth Report - Propriety of Governance…
Not Addressed
We have seen the extensive scope for Ministerial discretion in the public appointments process and that, in addition to the self-restraint of Ministers, the role of the Commissioner has been vital in ensuring that the principles in Governance Code have been adhered to. The Chairs of the other ethics watchdogs …
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We have seen the extensive scope for Ministerial discretion in the public appointments process and that, in addition to the self-restraint of Ministers, the role of the Commissioner has been vital in ensuring that the principles in Governance Code have been adhered to. The Chairs of the other ethics watchdogs play a similar role in safeguarding the integrity of public life. The independence required for these roles is analogous to that of the Chair of the Office of Budget Responsibility and should be treated as such. Given this, Ministers’ nominated candidates for these roles should require the endorsement of the relevant Select Committee. Candidates that are not endorsed by the relevant Select Committee for these posts should not be appointed.
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Government response AI summary
The government agrees that a MoU or Framework Document is essential to clearly set out the roles and responsibilities for it and ACoBA, which is unrelated to the conclusion regarding Ministerial discretion in the public appointments process.
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14
Conclusion
Fourth Report - Propriety of Governance…
Not Addressed
Too often, the Government has appeared to approach the pre-appointments process as a tick box exercise rather than an important component in the public appointments process. The Committee’s patience in this respect is not limitless. We are aware that this frustration is shared by other Select Committees. When making appointments …
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Too often, the Government has appeared to approach the pre-appointments process as a tick box exercise rather than an important component in the public appointments process. The Committee’s patience in this respect is not limitless. We are aware that this frustration is shared by other Select Committees. When making appointments that require a pre-appointment hearing, sufficient time must be allowed for this stage to be completed.
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Government response AI summary
The government's response discusses reforming the Register of Consultant Lobbyists.
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15
Recommendation
Fourth Report - Propriety of Governance…
Not Addressed
To improve transparency, Cabinet Secretary Simon Case told the Committee that he considered the suggestion that a register of direct appointments be maintained and published as “an obvious thing to do”.167 We agree and recommend that departments begin to compile and publish such registers immediately and that they are kept …
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To improve transparency, Cabinet Secretary Simon Case told the Committee that he considered the suggestion that a register of direct appointments be maintained and published as “an obvious thing to do”.167 We agree and recommend that departments begin to compile and publish such registers immediately and that they are kept updated contemporaneously.
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Government response AI summary
The government response discusses new guidance on Non-Corporate Communication Channels and reporting requirements for official business, but it does not address the recommendation to compile and publish registers of direct appointments.
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18
Recommendation
Fourth Report - Propriety of Governance…
Not Addressed
Following the resignation of Rt. Hon. Suella Braverman MP as Home Secretary for leaking restricted material and her subsequent reappointment only a few days later, the Government has said the new Independent Adviser will not investigate matters surrounding her resignation as they took place under the previous Prime Minister. Determining …
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Following the resignation of Rt. Hon. Suella Braverman MP as Home Secretary for leaking restricted material and her subsequent reappointment only a few days later, the Government has said the new Independent Adviser will not investigate matters surrounding her resignation as they took place under the previous Prime Minister. Determining what a new Independent Adviser can or cannot investigate would appear to call into question whether the apparent authority of the Independent Adviser to initiate their own inquiries, which we discuss in this chapter, is as extensive as it appears. It would also suggest that the inquiry into allegations of racism made by former Transport Minister Nusrat Ghani MP against a ministerial colleague that Lord Geidt had not completed when he resigned also will not be concluded as it too took place under a different Prime Minister. This situation is unsatisfactory. Primary legislation should be introduced at the earliest opportunity to establish the Independent Adviser as a statutory position to end the uncertainty about whether future appointments will be made at all. This should not, however, delay the appointment. We expect the new Independent Adviser to retain the greater powers and that they will complete any legacy inquiries they inherit. (Paragraph 81) 167 Q528 (Simon Case) Propriety of Governance in Light of Greensill 41
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Government response AI summary
The government's response discusses reforming the regulation of public appointments.
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22
Conclusion
Fourth Report - Propriety of Governance…
Not Addressed
The position of the Prime Minister in relation to their compliance with the Ministerial Code is a complex one. Whilst the Independent Adviser can initiate investigations into any suspected breach of the Code and should be able to issue private advice on appropriate sanction, it is ultimately for the Prime …
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The position of the Prime Minister in relation to their compliance with the Ministerial Code is a complex one. Whilst the Independent Adviser can initiate investigations into any suspected breach of the Code and should be able to issue private advice on appropriate sanction, it is ultimately for the Prime Minister to decide the response to any breach of the Code they may have made. (Paragraph 99) Conclusion
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Government response AI summary
The government discusses the role of the Commissioner and other ethics watchdogs, and states that Ministers’ nominated candidates for these roles should require the endorsement of the relevant Select Committee, failing to address the conclusion regarding the Prime Minister's compliance with the Ministerial Code.
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25
Conclusion
Fourth Report - Propriety of Governance…
Not Addressed
The purpose of a stronger means of enforcing standards should not be seen by those in public life as a substitute for values, nor codes of conduct as the only guide to acceptable behaviour for those in public life. Individuals in public life must recognise the importance of personal restraint …
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The purpose of a stronger means of enforcing standards should not be seen by those in public life as a substitute for values, nor codes of conduct as the only guide to acceptable behaviour for those in public life. Individuals in public life must recognise the importance of personal restraint and responsibility and act to regulate their own behaviour accordingly. (Paragraph 108) Propriety of Governance in Light of Greensill 43
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Government response AI summary
The government's response discusses improving transparency around lobbying.
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