Committee on Standards in Public Life: Getting the balance right: Implementing standards of conduc…
R10-9
Published January 2005
Response position and delivery status are recorded separately. Acceptance does not establish implementation.
Recommendation (the Committee's words)
The 2002 Public Appointments Order in Council should be amended to include the reserve powers set out in sections (7) and (8) of the Public Appointments and Public Bodies etc (Scotland) Act 2003. These would enable the Commissioner, where an appointment has not been made, to direct Ministers to delay making an appointment until Parliament has considered the case.
From: Committee on Standards in Public Life, Getting the balance right: Implementing standards of conduct in public life, January 2005
Government response
Government response (the government's words)
In its earlier response to the Public Administration Select Committee Report Government by Appointment: Opening up the Patronage State, the Government recognised that the new Commissioner for Public Appointments in Scotland would have reserve powers and agreed to monitor how these provisions operated. The Scottish Commissioner was appointed in June 2004 and has not yet exercised these powers.
The Government will continue to monitor the position in Scotland, but is not persuaded of the need to provide the Commissioner with reserve powers at this time. It believes the current arrangements are effective. If the Commissioner is unhappy with a particular appointments process, the Government would expect there to be a dialogue with the Minister concerned. If, having made representations, the Commissioner remains unhappy with the process then she can publicise the issue in her Annual Report or make a special report. The Government believes that this is an effective sanction. It also believes that this mechanism will be further enhanced by the proposals set out in recommendations 7 and 8 which the Government accepts.
The Government will continue to monitor the position in Scotland, but is not persuaded of the need to provide the Commissioner with reserve powers at this time. It believes the current arrangements are effective. If the Commissioner is unhappy with a particular appointments process, the Government would expect there to be a dialogue with the Minister concerned. If, having made representations, the Commissioner remains unhappy with the process then she can publicise the issue in her Annual Report or make a special report. The Government believes that this is an effective sanction. It also believes that this mechanism will be further enhanced by the proposals set out in recommendations 7 and 8 which the Government accepts.
From: HM Government. Source document ↗