The Cabinet Manual A guide to laws, conventions and rules on the operation of government 1st edition October 2011 The Cabinet Manual A guide to laws, conventions and rules on the operation of government 1st edition October 2011 Foreword by the Prime Minister On entering government I set out, Cabinet has endorsed the Cabinet Manual as an authoritative guide for ministers and officials, with the Deputy Prime Minister, our and I expect everyone working in government to shared desire for a political system be mindful of the guidance it contains. that is looked at with admiration This country has a rich constitution developed around the world and is more through history and practice, and the Cabinet transparent and accountable. Manual is invaluable in recording this and in ensuring that the workings of government are The Cabinet Manual sets out the internal rules far more open and accountable. and procedures under which the Government operates. For the first time the conventions determining how the Government operates are transparently set out in one place. Codifying and publishing these sheds welcome light on how the Government interacts with the other parts of our democratic system. We are currently in the first coalition Government David Cameron for over 60 years. The manual sets out the laws, Prime Minister conventions and rules that do not change from one administration to the next but also how the current coalition Government operates and recent changes to legislation such as the establishment of fixed-term Parliaments. The content of the Cabinet Manual is not party political – it is a record of fact, and I welcome the role that the previous government, select committees and constitutional experts have played in developing it in draft to final publication. iii Preface by the Cabinet Secretary Before the last general election, the In addition to a significant number of detailed changes, the revised text incorporates important previous Prime Minister, the Rt Hon changes to aid understanding of the contents – Gordon Brown MP, asked that I lead in particular extensive references and links to work to produce a Cabinet Manual to more detailed guidance, and a glossary. provide a source of information on the This updated text – the first edition of the laws, conventions and rules that affect Cabinet Manual – remains true to its original purpose. It is primarily a guide for those working the operation and procedures of the in government, recording the current position Government. With the endorsement of rather than driving change. It is not intended to the current Prime Minister and Deputy be legally binding or to set issues in stone. The Cabinet Manual records rules and practices, but Prime Minister, I published a draft in is not intended to be the source of any rule. December 2010. While the document primarily provides a guide The draft generated considerable interest, to the operation of the Government itself, it also including from three Parliamentary Select sets out – from the view of the Executive – the Committees, as well as from a number of Government’s place in the UK’s Parliamentary constitutional experts, interest groups and democracy. It therefore includes chapters on members of the public. Their reports and how the Government relates to the Sovereign, comments have been extremely valuable in Parliament and the independent judiciary, as well identifying areas of controversy, errors or as the other democratic institutions within the omissions, and areas where the draft could UK and key international bodies. be improved. On the whole, the process also The content of the Cabinet Manual is not static, demonstrated general support for the principle and the passage of new legislation, the evolution of the Cabinet Manual and the contents of the of conventions or changes to the internal draft. A summary of the comments received procedures of government will mean that the has been published separately. practices and processes it describes will evolve Over the past eight months, the Cabinet over time. If the Cabinet Manual is to continue Secretariat has worked with colleagues from to play a useful role as a guide to the operations across government to review all the comments and procedures of government, it will need to be we received and to revise and update the text. updated periodically to reflect such developments. iv Preface by the Cabinet Secretary While some other administrations, most notably New Zealand, have developed their equivalent documents over a number of decades, this first edition of the Cabinet Manual has been produced in less than two years. This has been an intensive process and I am grateful to all those who have contributed to this achievement. I am confident that the Cabinet Manual will come to be seen as an essential guide to our system of government and I hope that everyone working in, or with, the Government will use it as a key work of reference. Sir Gus O’Donnell Cabinet Secretary v Contents Introduction 2 Parliamentary democracy 2 The UK constitution 2 The Sovereign 3 Parliament 3 The Prime Minister and ministers 3 The judiciary 4 European Union and other international law 4 Chapter One The Sovereign 6 Ceremonial and constitutional duties 7 The Royal Prerogative 8 Succession and coronation 8 Absence and incapacity of the Sovereign 8 The Privy Council 8 The Established Church 10 Chapter Two Elections and government formation 12 General elections 13 Meeting of the new Parliament 13 The principles of government formation 14 Parliaments with an overall majority in the House of Commons 14 Contents Parliaments with no overall majority in the House of Commons 14 Change of Prime Minister or government during a Parliament 15 Pre-election contact with opposition parties 16 Dissolution of Parliament 16 Finalisation of Parliamentary business 16 Restrictions on government activity 17 Chapter Three The Executive – the Prime Minister, ministers 20 and the structure of government The Prime Minister 21 Ministers 22 Powers of ministers 23 Ministerial conduct 26 The structure of government 26 Chapter Four Collective Cabinet decision-making 30 Principles of collective Cabinet government 31 Cabinet 31 Political Cabinet 32 Cabinet committees 32 Business of Cabinet and Cabinet committees 33 Procedures of Cabinet and Cabinet committees 34 The Cabinet Secretariat 36 The Cabinet Secretary 36 Chapter Five The Executive and Parliament 38 The House of Commons and the House of Lords 39 Core principles 40 Government business 40 Scrutiny of the Government 41 Legislation 41 Public appointments 44 The Parliamentary Commissioner for Administration 44 The Comptroller and Auditor General and the National Audit Office 45 The Cabinet Manual Chapter Six The Executive and the law 48 The Law Officers 49 Litigation involving ministers 50 Legal advice and legal professional privilege 51 Indemnity of legal costs 52 The European Convention on Human Rights and the Human Rights Act 1998 52 The Treasury Solicitor and the Government Legal Service 53 Public inquiries 53 Relations with the judiciary 53 Chapter Seven Ministers and the Civil Service 56 The Civil Service 57 The role of ministers and officials 57 The Civil Service Code 57 The role of permanent secretaries 58 The role of special advisers 58 Civil servants’ evidence to Parliamentary select committees 59 Public appointments 59 Chapter Eight Relations with the Devolved Administrations 62 and local government Devolution 63 Parliament and legislation 64 Scotland 64 Wales 64 Northern Ireland 65 Relations with the Devolved Administrations 65 Funding of devolution 66 Local government in England 67 Chapter Nine Relations with the European Union and other 70 international institutions European and other international organisations 71 The role of ministers 71 Contents Collective agreement of international policy 71 Meetings 72 Implementation of international decisions and law 73 Parliamentary scrutiny 76 Chapter Ten Government finance and expenditure 80 The role of Parliament 81 Budget and Spending Reviews 81 The Supply Estimates process 82 Treasury approval of expenditure 83 Departmental governance arrangements 83 The role of the accounting officer 83 Government accounts 84 Chapter Eleven Official information 88 Ministerial records 89 Maintaining the official record 90 Publishing data 90 Access to information 90 Access to papers of a previous administration 92 Disclosure and use of official information by the Prime Minister and ministers 92 Prime Ministers’ records on leaving office 92 Memoirs and the ‘Radcliffe’ Rules 93 Annex Election timetable 96 List of abbreviations 98 Glossary 99 Reference documents 106 Introduction Parliamentary democracy The UK constitution 1. The UK is a Parliamentary democracy which 4. The UK does not have a codified has a constitutional sovereign as Head constitution. There is no single document of State; a sovereign Parliament, which is that describes, establishes or regulates the supreme to all other government institutions, structures of the state and the way in which consisting of the Sovereign, the House these relate to the people. Instead, the of Commons and the House of Lords; an constitutional order has evolved over time Executive drawn from and accountable to and continues to do so. It consists of various Parliament; and an independent judiciary. institutions, statutes, judicial decisions, principles and practices that are commonly 2. Constitutional convention is that executive understood as ‘constitutional’. The UK does power is exercised by the Sovereign’s not have a constitutional court to rule on the Government, which has a democratic implications of a codified constitution, and mandate to govern. Members of the the sovereignty of Parliament is therefore Government are normally Members of the unrestrained by such a court (although see House of Commons or the House of Lords paragraph 6.41 for the jurisdiction of the UK and the Government is directly accountable Supreme Court over devolution matters.) to Parliament. The government of the day holds office by virtue of its ability to 5.