Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 8
8
Paragraph: 56
Increasing the direct accountability of the most senior Spads in Number 10 in this way...
Conclusion
Increasing the direct accountability of the most senior Spads in Number 10 in this way would reflect the quasi-executive role that some have assumed. However, to do so would be to accept this quasi-executive role. The principle that “advisers advise, ministers decide” should remain the practice and Ministers, including the Prime Minister, should remain accountable to Parliament for the conduct of their advisers. To this end, much greater clarity around the roles that Spads can play and their relationship with officials may be needed. The Committee will be undertaking a dedicated inquiry into Special Advisers later in the Parliament when we will consider this in more detail.
Paragraph Reference:
56
Government Response
Acknowledged
HM Government
Acknowledged
Special Advisers are appointed in accordance with Part 1 of the Constitutional Reform and Governance Act 2010 (CRAGA 2010), and are employed to serve the objectives of the Prime Minister, the Government and the Minister(s) for whom they work. They are also governed by the Code of Conduct for Special Advisers (required by CRAGA 2010) and the Model Contract for Special Advisers. The Code clearly sets out the parameters of the Special Adviser role, including stating that Special Advisers must not: “authorise expenditure or exercise management of any part of the Civil Service, except in relation to another special adviser”. This is derived from the position set out in primary legislation, the CRAGA 2010. This states that a Special Adviser may not: “authorise the expenditure of public funds; exercise any power in relation to the management of any part of the civil service of the State; or otherwise exercise any power conferred by or under this or any other Act or any power under Her Majesty’s prerogative”. Therefore, it is not possible for Special Advisers to have played an executive role as is suggested. However Special Advisers can, of course, work with the Ministerial team and with other civil servants to deliver Ministers’ priorities. Among other things, Special Advisers may undertake long term policy thinking and contribute to policy planning in the Department; write speeches and undertake related research, including adding party political content; and liaise with the Party, briefing representatives and parliamentarians on issues of Government policy. They are a critical part of the team supporting Ministers and can help Ministers on matters where the work of Government and the Party overlap. 4 The role and status of the Prime Minister’s Office: Government Response The Government therefore believes that the Code of Conduct provides clarity about what Special Advisers may and may not do. Ministers remain fully accountable for the actions of their Special Advisers as set out in the Code of Conduct: “The responsibility for the management and conduct of special advisers, including discipline, rests with the Minister who made the appointment”. It is the responsibility of all Ministers and the Prime Minister to ensure that Special Advisers adhere to this Code. The Government thanks the Committee for their report and looks forward to further engagement with the Committee and the important work it undertakes.