Because they do not have a civil servant contract. They have not signed the terms and conditions of a civil servant. They have not signed up to the ministerial code. The case to which the hon. Member for Somerton and Frome referred did not involve a civil servant.
I understand the hon. Gentlemen's concerns, but the provisions in the Bill do not signal a change in ministerial involvement in individual appointments. The power to appoint is constrained by subsequent clauses that require recruitment to the civil service to be based on merit, following fair and open competition. That is regulated by independent civil service commissioners in accordance with recruitment principles. Civil servants are protected by statutory legal protection and employment laws. It is right that the power to manage remains with the Minister for the Civil Service and the Secretary of State, who are, as the hon. Member for Epping Forest (Mrs. Laing) made clear, ultimately accountable to Parliament for the management of the civil and diplomatic services respectively, including for the setting of terms and conditions overall.
The civil service code makes it clear that the civil service""supports the Government of the day in developing and implementing its policies, and in delivering public services.""
The code also makes the very point that I have just made, which is that civil servants""are accountable to Ministers, who in turn are accountable to Parliament.""
There appears to be some misunderstanding on the Liberal Democrat Benches about the approach of the Bill. The Bill has taken a principles-based approach. None of the principles has changed since 2004, and it has not been felt necessary to list specific activities or specific civil servants, as the hon. Member for Somerton and Frome would seek to do. With that explanation, I hope that the clause will stand part of the Bill.
Constitutional Reform and Governance Bill
Proceeding contribution from
Baroness Smith of Basildon
(Labour)
in the House of Commons on Tuesday, 3 November 2009.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Constitutional Reform and Governance Bill.
About this proceeding contribution
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2008-09Chamber / Committee
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