Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 20
20
Acknowledged
Paragraph: 92
We welcome that the Terms of Reference for the Independent Adviser now effectively include the...
Conclusion
We welcome that the Terms of Reference for the Independent Adviser now effectively include the authority to initiate inquiries. We would expect the requirement that Prime Ministers’ consent be given beforehand to be used in extremely limited cases, such as where matters of national security or legal privilege are involved. Further to our recommendation above, we expect the next Independent Adviser to retain this power in the Terms of Reference applicable to their appointment.
Government Response Summary
The government states that the Independent Adviser may now initiate an investigation having consulted the Prime Minister, and is clear that consent would only be withheld in exceptional circumstances, where the Prime Minister considers there are public interest reasons for doing so; there are transparency obligations if an investigation doesn't proceed.
Paragraph Reference:
92
Government Response
Acknowledged
HM Government
Acknowledged
In line with the latest Terms of Reference and Ministerial Code, the Independent Adviser may now initiate an investigation having consulted the Prime Minister. While the Prime Minister could choose not to consent to an investigation as part of that consultation, the Government is clear that consent would only be withheld in exceptional circumstances, where the Prime Minister considers there are public interest reasons for doing so. The Independent Adviser is further able to require that the reasons for an investigation not proceeding be made public (unless the reasons for the investigation not proceeding necessitate continued confidentiality). These transparency obligations provide further reassurance that consent would only be withheld in exceptional circumstances.