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HOUSE OF LORDS Select Committee on the Constitution 4th Report of Session 2009–10 The Cabinet Office and the Centre of Government Report with evidence Ordered to be printed 6 January 2010 and published 29 January 2010 Published by the Authority of the House of Lords London : The Stationery Office Limited £price HL Paper 30 Select Committee on the Constitution The Constitution Committee is appointed by the House of Lords in each session with the following terms of reference: To examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution. Current Membership Lord Goodlad (Chairman) Lord Hart of Chilton Lord Irvine of Lairg* Baroness Jay of Paddington Lord Lyell of Markyate Lord Norton of Louth Lord Pannick Baroness Quin Lord Rodgers of Quarry Bank Lord Shaw of Northstead Lord Wallace of Tankerness Lord Woolf * Lord Irvine of Lairg was appointed to the Constitution Committee during the course of this inquiry. He decided to exclude himself from the Committee’s consideration of the draft report and played no part in its deliberations. Nor did he receive any confidential Committee papers relating to the inquiry. Declaration of Interests A full list of Members’ interests can be found in the Register of Lords’ Interests: http://www.publications.parliament.uk/pa/ld/ldreg/reg01.htm Professor Adam Tomkins, Legal Adviser, is a Member of and unpaid Ad Hoc Legal Adviser to Republic. Publications The reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee are available on the internet at: http://www.parliament.uk/hlconstitution Parliament Live Live coverage of debates and public sessions of the Committee’s meetings are available at www.parliamentlive.tv General Information General Information about the House of Lords and its Committees, including guidance to witnesses, details of current inquiries and forthcoming meetings is on the internet at: http://www.parliament.uk/parliamentary_committees/parliamentary_committees26.cfm Contact Details All correspondence should be addressed to the Clerk of the Select Committee on the Constitution, Committee Office, House of Lords, London, SW1A 0PW. The telephone number for general enquiries is 020 7219 1228/5960 The Committee’s email address is: [email protected] CONTENTS Paragraph Page Chapter 1: Introduction 1 7 Chapter 2: Supporting the Prime Minister 11 9 The Cabinet Office and the Prime Minister’s Office 12 9 The role of the Prime Minister 27 12 i) Personality and experience 28 12 ii) Political context 30 12 iii) Secular trends 33 12 Assessing the implications 41 14 i) A perceived increase in the Prime Minister’s involvement in policy delivery 42 14 ii) The Delivery Unit and the Strategy Unit 44 14 iii) A “Dustbin Function”? 53 16 iv) Special advisers 68 18 Constitutional implications 85 21 i) Presidentialism? 86 21 ii) The system of Cabinet government and collective ministerial responsibility 91 22 iii) Accountability 92 22 A case for reforming the structure of the centre? 98 23 i) A Department of the Prime Minister 99 23 ii) A Department of the Prime Minister and Cabinet 103 24 Chapter 3: Supporting the Cabinet 111 26 A classical model eclipsed? 111 26 The death of Cabinet government? 122 27 The role of Cabinet committees 129 28 Collective ministerial responsibility and the model of departmental policy delivery 138 29 The role of the Minister for the Cabinet Office 155 32 The Cabinet Office and the Treasury 164 34 Machinery of government changes 177 36 The proposal to abolish the Office of Lord Chancellor 188 37 Chapter 4: Strengthening the Civil Service 218 43 i) The Cabinet Office’s responsibility for the Civil Service 219 43 ii) The Cabinet Secretary’s role as Head of the Home Civil Service 223 43 iii) The role of the Cabinet Secretary 232 45 iv) The Cabinet Office and Capability Reviews 243 47 Chapter 5: Conclusion 250 49 Chapter 6: Summary of Recommendations 251 50 Appendix 1: Select Committee on the Constitution 54 Appendix 2: List of Witnesses 59 Appendix 3: The Evolution of the Centre 61 Appendix 4: Mapping the Centre 66 Oral Evidence Professor Peter Hennessy, Attlee Professor of Contemporary British History, Queen Mary University of London, Dr Tony Wright MP, Chairman, House of Commons Public Administration Select Committee Oral Evidence, 3 June 2009 1 Peter Riddell, Chief Political Commentator, The Times, and Simon Jenkins, Columnist, The Guardian Oral Evidence, 3 June 2009 11 Professor Martin Smith, Professor of Politics, University of Sheffield, Dr Richard Heffernan, Reader in Government, Open University, and Professor Dennis Kavanagh, Emeritus Professor of Politics, University of Liverpool Oral Evidence, 10 June 2009 20 Lord Burns, former Permanent Secretary, HM Treasury and Sir Richard Mottram, former departmental Permanent Secretary, and senior official at the Cabinet Office Written Evidence, Sir Richard Mottram 34 Oral Evidence, 17 June 2009 36 Lord Lipsey, Lord McNally and Lord Donoughue Oral Evidence, 17 June 2009 46 Lord Armstrong of Ilminster, former Cabinet Secretary, Lord Butler of Brockwell, former Cabinet Secretary and Lord Wilson of Dinton, former Cabinet Secretary Written Evidence 54 Oral Evidence, 24 June 2009 56 Lord Turnbull, former Cabinet Secretary and Sir Robin Mountfield, former Permanent Secretary, Cabinet Office Written Evidence, Sir Robin Mountfield 68 Oral Evidence, 1 July 2009 72 Written Evidence, Lord Irvine of Lairg 81 Supplementary Evidence, Lord Turnbull 85 Written Evidence, Sir Gus O’Donnell 85 Written Evidence, Rt Hon Tony Blair 86 Sir Michael Bichard, former departmental Permanent Secretary and Rachel Lomax, former departmental Permanent Secretary Oral Evidence, 8 July 2009 88 Geoff Mulgan, former Director, Strategy Unit and Sir Michael Barber, former Head, Delivery Unit Oral Evidence, 8 July 2009 96 Lord Heseltine and Rt Hon David Blunkett MP Oral Evidence, 15 July 2009 106 Rt Hon Tessa Jowell MP, Minister for the Cabinet Office Written Evidence 116 Further Written Evidence 117 Oral Evidence, 14 October 2009 123 Supplementary Evidence, Patrick White 130 Further Supplementary Evidence, Rt Hon Tessa Jowell MP 130 Baroness Hogg, former Head, Prime Minister’s Policy Unit and Jonathan Hill, former Head, Prime Minister’s Political Office Oral Evidence, 21 October 2009 134 Sir Gus O’Donnell, Cabinet Secretary and Head of the Home Civil Service and Jeremy Heywood, Permanent Secretary to the Prime Minister’s Office Oral Evidence, 4 November 2009 146 Supplementary Evidence 161 Written Evidence Better Government Initiative 171 Dr Andrew Blick and Professor George Jones 174 Dr June Burnham 178 Sir David Omand, Professor Ken Starkey and Lord Adebowale 179 Jonathan Powell 180 Dr Anthony Seldon 181 Professor Patrick Weller, Dr Anne Tiernan and Jennifer Menzies 182 NOTE: References in the text of the report are as follows: (Q) refers to a question in oral evidence (p) refers to a page of written evidence The Cabinet Office and the Centre of Government CHAPTER 1: INTRODUCTION 1. In March 2009, the Committee began an inquiry into “the contemporary workings of the Cabinet Office and the centre of government.” The origin of the Cabinet Office can be traced back to 1916: “The Cabinet Secretariat was formed in December 1916 to record the proceedings of the Cabinet; to transmit the decisions to 11 departments concerned in giving effect to them or otherwise interested; to prepare agenda papers, arrange for the attendance of Ministers and other persons concerned, and procure and circulate documents required for discussion; and to attend to correspondence connected with the work of the Cabinet. Until this point no formal record had been made of the proceedings of Cabinet. Primarily this role related to the Cabinet itself but was extended to cover Cabinet committees as they were established.” (Cabinet Office memorandum, p 119) 2. The role of the Cabinet Office has evolved over time. The Cabinet Office states now that its three core functions are supporting the Prime Minister, supporting the Cabinet, and strengthening the Civil Service. (p 117) 3. The Cabinet Office cannot be viewed in isolation from the other principal elements of the “centre of government”—the Treasury and the Prime Minister’s Office. We therefore decided that the inquiry should take account of these three elements, the relationships between them, and the roles of the Cabinet Secretary, the Prime Minister, the Chancellor of the Exchequer and the Minister for the Cabinet Office. We have attempted to ensure that the Cabinet Office remains the focus of this inquiry, but have also sought to reflect upon the role of other participants at the centre of government.1 4. The centre reflects and impacts upon several key features of the UK’s structure of government: • The role of the Prime Minister; • Cabinet government and the principle of collective ministerial responsibility; • Departmental responsibility and accountability for policy; • The way in which policy originates and is co-ordinated across departments; • The accountability of government to Parliament; and • The role of the Cabinet Secretary and the Civil Service. 5. We asked each oral witness what they saw as the main constitutional principles relating to consideration of the Cabinet Office and the centre of government. Five themes emerged: 1 See Appendix 4 for a diagrammatic representation of the centre. 8 CABINET OFFICE AND THE CENTRE OF GOVERNMENT • Accountability of the centre; • The role of the Prime Minister; • The role of Cabinet and the principle of collective responsibility; • The constitutional role of the Civil Service and its relationship with other key players; and • The changing role and function of the centre. 6. Rachel Lomax, a former departmental Permanent Secretary, told us that “the big one is accountability. If you have a department at the centre that defines itself as being responsible for making government work better, which is what the Cabinet Office does at the moment, the question of who is it accountable to, and for what, is something which needs to be thought about quite carefully.” (Q 184) 7.
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