Goats and Tsars: Ministerial and Other Appointments from Outside Parliament
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House of Commons Public Administration Select Committee Goats and Tsars: Ministerial and other appointments from outside Parliament Eighth Report of Session 2009–10 Report, together with formal minutes, oral and written evidence Ordered by the House of Commons to be printed 4 March 2010 HC 330 [Incorporating HC 994-i-iii, Session 2008-09] Published on 11 March 2010 by authority of the House of Commons London: The Stationery Office Limited £14.50 The Public Administration Select Committee The Public Administration Select Committee is appointed by the House of Commons to examine the reports of the Parliamentary Commissioner for Administration and the Health Service Commissioner for England, which are laid before this House, and matters in connection therewith, and to consider matters relating to the quality and standards of administration provided by civil service departments, and other matters relating to the civil service. Current membership Dr Tony Wright MP (Labour, Cannock Chase) (Chairman) Mr David Burrowes MP (Conservative, Enfield Southgate) Paul Flynn MP (Labour, Newport West) David Heyes MP (Labour, Ashton under Lyne) Kelvin Hopkins MP (Labour, Luton North) Mr Ian Liddell-Grainger MP (Conservative, Bridgwater) Julie Morgan MP (Labour, Cardiff North) Mr Gordon Prentice MP (Labour, Pendle) Paul Rowen MP (Liberal Democrats, Rochdale) Mr Charles Walker MP (Conservative, Broxbourne) Jenny Willott MP (Liberal Democrats, Cardiff Central) Powers The powers of the Committee are set out in House of Commons Standing Orders, principally in SO No 146. These are available on the Internet via www.parliament.uk Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at http://www.parliament.uk/pasc Committee staff The current staff of the Committee are Steven Mark (Clerk), David Slater (Second Clerk), Pauline Ngan (Committee Specialist), Louise Glen (Senior Committee Assistant) and Su Panchanathan (Committee Assistant) Contacts All correspondence should be addressed to the Clerk of the Public Administration Select Committee, Committee Office, First Floor, 7 Millbank, House of Commons, London SW1P 3JA. The telephone number for general enquiries is 020 7219 5730; the Committee’s email address is [email protected] Goats and Tsars: Ministerial and other appointments from outside Parliament 1 Contents Report Page Summary 3 1 Introduction 5 2 Background 6 3 Why outside appointments? 9 Fewer options? 9 Career politicians 11 Gaps in skills and experience 13 4 Can outside appointments be justified? 15 Democratic mandate 15 Accountability to the House of Commons 17 Successes and failures 20 5 Bringing outsiders into government 22 Appointment to the House of Lords 22 Life membership? 22 Propriety 24 Limits 24 Appointment without being a member of either House 25 6 Advisers and ‘tsars’ 26 Conclusion 29 Formal Minutes 33 Witnesses 34 List of written evidence 34 List of Reports from the Committee during the current Parliament 35 Goats and Tsars: Ministerial and other appointments from outside Parliament 3 Summary In recent years Prime Ministers have brought an increasing number of people from outside Parliament into government as ministers—generally via appointment to the House of Lords. Some of these people have had long and successful careers outside politics, others have more traditional political backgrounds. Some have been more successful than others. The presence in government of ministers with a range of experience is designed to make government work in a more effective way. However, more people would be available from within Parliament if Prime Ministers were prepared to make use of the full range of talent within their parliamentary parties. The Westminster system of government was never designed to support substantial numbers of appointments made from outside Parliament. The practice is better suited to countries with a full separation of powers, with corresponding checks and balances. An increased use of the practice here should not be considered in isolation from wider constitutional developments. There is a place for appointments from outside Parliament, but they should be exceptional, driven primarily by governing need and subject to scrutiny by the House of Commons. It is not appropriate that ministers appointed to the Lords should have a guaranteed seat in the legislature and a title for life when they leave office. Such appointments have also focused attention on the role of ministers in the House of Lords more broadly. The total number of Lords ministers now is broadly consistent with historical trends. The practice of outside appointments should not lead to an increase in these numbers. Senior Ministers in the House of Lords should be directly accountable to all members of the elected House of Commons, although the way in which this can be achieved needs to be debated fully. We also heard practical arguments in favour of enabling ministers from either House to be able to speak in both; although such a change would be controversial. An alternative to direct appointment to the House of Lords might be the appointment of a limited number of ministers who would be members of neither House, but would be accountable to both. This would be a considerable, although not entirely unprecedented, constitutional innovation. As well as ministers, prominent people in particular fields have been employed as government ‘tsars’ or ‘champions’, to lead on or promote particular government policies. There needs to be greater transparency around these posts, so that their effectiveness can be effectively scrutinised. The increasing number of ministers appointed directly from outside Parliament suggests that the nature of government may be changing; and with it the role of Parliament. This needs to be considered as a part of the wider picture of constitutional change and not allowed to evolve in a piecemeal fashion. 4 Goats and Tsars: Ministerial and other appointments from outside Parliament Goats and Tsars: Ministerial and other appointments from outside Parliament 5 1 Introduction 1. Upon becoming Prime Minister in 2007, Gordon Brown said that he would build a “government that uses all the talents” by appointing people from outside Parliament to be ministers. These ministers became known as ‘goats’ (‘government of all the talents’). This report examines the appointment of ministers from outside Parliament. It also looks at the ad hoc appointment by government of prominent people to be its public face on a particular policy area—so-called ‘tsars’. 2. We recently completed a separate inquiry into external appointments to senior posts within the Civil Service and our conclusions were published in Outsiders and Insiders: External Appointments to the Senior Civil Service.1 This Committee and its predecessors have also undertaken extensive work on the role of special advisers within government.2 3. We took oral evidence from four people with extensive experience and knowledge of central government: Rt Hon Sir John Major, Prime Minister from 1990 to 1997, Lord Turnbull, Cabinet Secretary from 2002 to 2005, Jonathan Powell, Chief of Staff to the Prime Minister from 1997 to 2007, and Professor Anthony King, of the University of Essex. We also took evidence from three people who had been brought into the House of Lords to take up ministerial posts: Rt Hon Lord Adonis, Secretary of State for Transport, Admiral Lord West of Spithead, Parliamentary Under-Secretary of State at the Home Office, and Professor Lord Darzi of Denham, former Parliamentary Under-Secretary of State at the Department for Health. We also received written evidence on the recruitment of government ‘tsars’. We would like to thank all those who gave evidence and the House of Commons Department of Information Services, in particular the House of Commons Library’s Parliament and Constitution Centre, for their assistance. 4. During our evidence, several of our witnesses raised concerns about the increasing number of holders of ministerial and quasi-ministerial posts. These issues have been raised with us during other inquiries and we intend to address them in a short report soon. 1 Public Administration Select Committee, Seventh Report of Session 2009-10, Outsiders and insiders: Outside Appointments to the Senior Civil Service, HC 241 2 For example: Public Administration Select Committee, Fourth Report of Session 2000-01, Special Advisers: Boon or Bane?, HC 293; First Report of Session 2003-04, A Draft Civil Service Bill: Completing the Reform, HC 128-I; Tenth Report of Session 2007-08, Constitutional Renewal: Draft Bill and White Paper, HC 499 6 Goats and Tsars: Ministerial and other appointments from outside Parliament 2 Background 5. The requirement that ministers should be members of the legislature is a feature of most Westminster-derived systems of government. For example, the New Zealand Constitution Act 1986 requires ministers to be Members of Parliament.3 Some countries, such as Canada and India, allow ministers to be appointed prior to finding a seat in Parliament, so long as they find a seat within a set period after their appointment. South Africa is exceptional in allowing up to two ministers to be appointed who are not members of Parliament. 4 6. There is a strong convention that members of the United Kingdom Government should be a member of either the House of Commons or the House of Lords. The exceptions have been few and far between. Non-parliamentarians have been appointed to ministerial posts in time of war, although not without controversy.5 Similarly, ministers have been appointed to their posts before gaining a seat but in the expectation that they will do so. For example, in October 1964 Patrick Gordon Walker was appointed Foreign Secretary by Harold Wilson, despite having lost his seat at the preceding General Election. He stood in a by-election in January of the following year, only to lose again and had to resign from the Government as a result.