Report
1. In 2003 the Public Administration Select Committee
has continued to pursue the two central themes which underpin
its work: reform in public services and machinery of government
developments.
2. This is the second report of the Committee following
the guidance set out by the Liaison Committee, which aims to establish
a common set of objectives and tasks for all departmental Committees.
This Committee is not strictly a departmental committee, but rather
takes a broad policy perspective on developments concerning public
administration. During this year the Committee held a session
with the Cabinet Secretary based upon the Cabinet Office Annual
Report. We intend to continue to monitor the reports and estimates
laid before the House by the Cabinet Office, and to hold officials
to account for their performance.
3. While one of the core tasks for Select Committees
is to scrutinise draft legislation from the Government, the Committee
went one step further by committing itself to producing draft
legislation of its own. Task 2 of the Committee core tasks calls
for Committees to "identify and examine areas of emerging
policy, or where existing policy is deficient, and make proposals."
The Committee has identified two areas where it believes legislation
would improve our public administration.
4. Firstly, the Committee has recently published
a draft Bill on the Civil Service.[1]
Such a Bill was first mooted in the middle of the nineteenth century,
and is the current policy of the Government, but, as yet, has
failed to reach the Statute book. We held a number of private
seminars with expert advisers to ensure that our draft Bill is
as complete and technically correct as possible. A number of public
evidence sessions have also been held, including one with the
last three former holders of the post of Cabinet Secretary. Production
of draft legislation by a Select Committee in this way is a major
parliamentary innovation.
5. In addition, the Committee co-hosted a major public
conference to highlight the issues surrounding civil service reform.
Organised jointly with the Committee on Standards in Public Life,
Office of the Civil Service Commissioners, Constitution Unit at
University College, London and FDA (the union for senior civil
servants), the conference was very well attended, attracting nearly
200 people. The Cabinet Secretary, Sir Andrew Turnbull, Baroness
Prashar, the First Civil Service Commissioner, and Sir Nigel Wicks,
Chair of the Committee on Standards in Public Life were among
a number of senior figures to make presentations and answer questions.
6. The Committee also conducted an inquiry into Ministerial
Powers and the Royal Prerogative. Some of the major executive
powers emanate from the monarchy, but have been transferred through
historical precedent and are now effectively wielded by the Prime
Minister. In many instances prerogative powers are exercised without
any reference to Parliament. Some of the powers are very necessary
if the Executive is to govern effectively. However, some prerogative
powers are merely useful to an Executive which already has much
in the way of power in order to get its own way.
7. As part of this inquiry, the Committee organised
a number of private seminars with expert advisers and has held
public evidence sessions with senior Parliamentarians including
Rt Hon Tony Benn, Rt Hon William Hague MP and Rt Hon Lord Hurd
of Westwell, and other interested parties, including Sir Hayden
Phillips GCB, Permanent Secretary, Department for Constitutional
Affairs. At the Committee's request, Sir Hayden provided the first
Government statement on Prerogative powers and, subsequently,
submitted the Committee the papers which resulted from the Wilson
Review on the honours system. Both sets of papers have now been
published[2]. We intend
to hold a separate inquiry into the honours system in the coming
Session.
8. In line with its desire for greater transparency
and accountability, the Committee will publish a draft Bill setting
out those prerogative powers which it believes Ministers need
in order to carry out their executive functions, and will propose
an enhanced role for Parliamentary oversight.
9. In the last Session the Committee conducted an
inquiry into the 'unfortunate events' which arose in the
then Department for Transport, Local Government and the Regions
(DTLR), which ultimately led to the Secretary of State, his special
adviser and the DTLR's head of communication losing their jobs.
One of the main recommendations of our report was the establishment
of a "radical review of Government communications".[3]
In February 2003 the Government accepted this recommendation in
its response, and set up an independent review to be chaired by
Mr Robert Phillis.[4] Mr
Phillis published an interim report on 27 August 2003. The full
report is due to be published very soon and we will take evidence
on its findings. The Committee's report, along with the Government's
Response, were the subject of a debate in Westminster Hall on
8 May 2003.[5]
10. The Committee also undertook during the year
the first major Parliamentary examination of the system of public
appointments. It held 13 evidence sessions with witnesses ranging
from Ministers and the Commissioner for Public Appointments to
members of the public serving on National Lottery boards and other
bodies.
11. The report contained 36 recommendations which
aimed to limit ministerial patronage, while strengthening the
role of Parliament over major appointments and opening up the
system in order to encourage greater diversity and innovation.
Among the recommendations were; a central review of public bodies,
an extension of the remit of the Commissioner for Public Appointments,
changes in benefits and processes, experiments in direct and indirect
election for public bodies, and the creation of an independent
Public Appointments Commission accountable directly to Parliament.[6]
For the first time the full list of appointments which involve
the Prime Minister was published as an annex to the report.
12. The Government responded to this report in December
2003.[7] It accepted 20
of our 36 recommendations (and noted a number of others). It agreed
to a review of the definition and scope of public bodies, which
should make the system more transparent and less complicated.
The remit, funding and staffing of the Office of the Commissioner
for Public Appointments (OCPA) will be included as part of this
review, which will also look at ways of improving the promotion
of diversity. The Government also accepted a number of other recommendations
designed to increase diversity of office holders. We regret that
the Government rejected our call for an enhanced role for Parliament
in the scrutiny of key public posts and the establishment of a
Public Appointments Commission (based on the model of the independent
NHS Appointments Commission). However, it agreed that the NHS
Commission had been a success and agreed to look at ways of expanding
the Commission's remit through legislation. We hold regular sessions
with the Commissioner Dame Rennie Fritchie, at which she is held
to account for the work of her office.
13. The Committee continued its major inquiry into
Public Service Reform. Having previously examined the 'public
service ethos', we conducted an inquiry into the targets regime
set by Government for the public services. We took evidence from
representatives from many public services, from private sector
managers, and from Ministers from HM Treasury and the Cabinet
Office. We visited Canada and Bristol in order to gain a different
perspective on the issue of targets and delivery. We also conducted
our own survey of government performance by assessing Public Service
Agreements (PSA) across each of the Government's Spending Reviews.
14. The Committee's report applauded the Government's
aspirations in using targets to promote common standards and their
important role in improving public services. However, we identified
a number of failings of the targets regime which, if ignored,
would hamper any improvement. We called for fewer national targets
with more focus placed upon local delivery and greater involvement
of front line staff and for independent validation of the performance
of government targets to reduce the extent to which targets had
become a political and media football.
15. The Government welcomed the Committee's report
as a recognition of the important role played by targets and performance
measurement in improving public service delivery. The response
added that many of our recommendations were in line with the Government's
own thinking ahead of the 2004 Spending Review, especially concerning
further devolution from the centre of government, improved reporting
of performance, and greater transparency. However, the Government
did not agree with some of the Committee's more critical points,
and in particular, the need for independent validation of targets.
16. The Committee commented on the Government's Response,
saying that the Government was moving in the right direction,
but needed to increase the momentum. We agreed with the Government
that it was an evolutionary process, but that more needed to be
done in respect of devolving responsibility and increasing the
involvement of local providers. The Committee has often made innovative
use of the opportunity to comment on Government responses in this
way
17. The Pre-Budget Report, published in December
2003, set out the Government's latest thinking on the role of
targets.[8] In the document
the Government announced that it would remove a whole tier of
targets (Service Delivery Agreements) and replace them with local
targets with more input from front line staff. The report also
said that fewer key national targets would be announced as part
of the 2004 Spending Review. These were key aspects of the Committee's
original report and are warmly welcomed. The next stage of our
Public Service Reform inquiry will consider the issue of choice
and equity in public services.
18. In addition, the Committee has continued to monitor
the work of the Parliamentary Commissioner for Administration
(or Ombudsman). In this Session Ms Ann Abraham was appointed as
Parliamentary Commissioner for Administration and Health Service
Ombudsman. We held an early session with Ms Abraham to discuss
her approach to the issues concerning the work of her office.
We questioned her on a number of issues including the potential
legislative changes to the work of the Ombudsman, the operation
of the Code of Practice on Access to Official Information, and
her inquiry into Equitable Life.
19. The Committee publishes a report into 'Ministerial
Accountability and Parliamentary Questions' in relation to each
session of Parliament. In the new year we will publish a report
covering the sessions 2000-01 and 2001-02. A number of Members
have contacted the Committee following our commitment (set out
in Ninth Report 2001-02) to seek more adequate responses from
Ministers. We will publish our initial findings in our forthcoming
report and a debate was held on our report of Session 2001-02
in Westminster Hall on 8 January 2004 .[9]
20. The Committee will continue to follow the twin
themes of machinery of government developments and public service
reform. In the new year we will hold an inquiry into the implications
for the civil service of the Hutton Inquiry (concerning the events
surrounding the death of Dr David Kelly). We will also be examining
the questions raised by inquiries into administrative failure.
1 First Report 2003-04 HC128-I Back
2
See press notices 19 and 22, Session 2002/03 Back
3
Eighth Report, 2001/02, HC 303 Back
4
Cm 5756 2003 Back
5
Official Report, Col 285-328 WH Back
6
Fourth Report 2002/03, HC 165-I Back
7
Cabinet Office, Cm 6056, December 2003 Back
8
HM Treasury Cm 6042, December 2003 Back
9
Official Report, 8 January 2004, Col 151-186WH Back
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