R9-34

There should be a short Act to cover the Civil Service and special advisers. In particular, this should:
(a) define the status of the Civil Service;
(b) include a statutory obligation on Ministers to uphold the impartiality of the Civil Service;
(c) set out the responsibility of the Civil Service Commissioners for ensuring that the principle of selection on merit is properly applied, together with the ability to make exceptions from that principle;
(d) set out the Civil Service core values, including the overriding principle of selection on merit;
(e) grant powers for the Civil Service Commissioners to investigate, on their own initiative, and to report on the operation of the Civil Service recruitment system as it concerns the application of the principle of selection on merit;
(f) provide for the First Civil Service Commissioner to be appointed after consultation with opposition leaders;
(g) define the status of special advisers as a category of government servant distinct from the Civil Service;
(h) state what special advisers cannot do;
(i) include power for the Civil Service Code and the Code of Conduct for Special Advisers to be given effect as statutory instruments requiring the approval of both Houses of Parliament and amendable by the same procedure;
(j) state the total number of special advisers, with an upper limit subject to alteration by resolution approved by both Houses of Parliament;
(k) provide for two special adviser posts in the Prime Minister’s Office with “executive powers”;
(l) define special advisers with executive powers by derogation from the restrictions on what other special advisers can do;
(m) require an annual statement to Parliament on paid and unpaid special advisers. (page 71)