Source · Select Committees · Public Accounts Committee
Recommendation 22
22
Accepted
Department and C&AG discuss future protocol, but parliamentary oversight committee progress is too slow.
Conclusion
The Department and the C&AG have discussed whether they might develop a protocol for use in similar circumstances in future. The Department told us that a super-injunction was so unprecedented it was hard to think of circumstances in which it was likely to see one again.56 It also said that, with hindsight, it was not sustainable to have kept the C&AG at arm’s length for a period of two years.57 In correspondence received after our evidence session, the Department said that developing a protocol between the Treasury Officer of Accounts, the C&AG and Accounting Officers should a future super-injunction be used would provide clarity for how this should be managed.58 Meanwhile, there are other matters to do with the Department that are not getting any Parliamentary scrutiny. The Department told us that a proposal for a Parliamentary oversight committee looking at more sensitive aspects of defence work, particularly defence and the nuclear enterprise, was being considered at the highest level within government.59 In the opinion of the PAC, this matter is moving far too slowly. Accounting for the costs of the Afghanistan Response Route
Government Response Summary
The department will continue to work with the Committee and The Treasury will issue guidance on principles and practicalities of sharing information in the event of a super-injunction. Target implementation date: Spring 2026
Government Response
Accepted
HM Government
Accepted
4.1 The government agrees with the Committee’s recommendation. Target implementation date: Spring 2026 4.2 The department will continue to work with the Committee to ensure they have sufficient and timely information to enable them to undertake their roles in the context of any similar situations in the future. The department is keeping under review how this is done in the most extreme cases where secrecy poses a challenge to the normal processes. This will be covered by the new guidance issued by the Treasury Officer of Accounts on how to act in the event of a super-injunction. 4.3 The government agrees with the Committee’s recommendation. Target implementation date: Spring 2026 4.4 The Treasury will issue a Dear Accounting Officer letter to provide guidance on this issue. This will include guidance on the principles and practicalities of sharing information with the Comptroller and Auditor General (C&AG) in the event of a super-injunction, with particular consideration of the statutory duty to give assistance, information and explanation to the C&AG to enable them to meet their statutory duty to examine government department’s accounts. The guidance will then be incorporated into the next update of Managing Public Money.