Government Powers (Limitations) Bill

House of Commons

Session 1999-2000
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Government Powers (Limitations) Bill

A
B I L L
TO
Amend the law in relation to the permitted number of Ministers of the Crown; to limit the powers of Ministers to make certain appointments; to make provision with respect to the parliamentary scrutiny of European Union proposals and other subordinate legislation; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Ministers of the Crown

Ministers of the Crown.     1. - (1) There shall be not more than 82 Ministers of the Crown at any one time, of whom not more than 63 shall be Ministers of State or Parliamentary Secretaries.

    (2) The Secretary of State may by order amend a maximum permitted number in subsection (1).

    (3) A Minister's appointment shall lapse after a period of 3 months unless it has been approved by the relevant select committee of the House of Commons.

Appointments by Ministers

Appointment of special advisers.     2. - (1) There shall be not more than 38 special advisers at any one time, of whom not more than 8 shall be expert advisers.

    (2) The Secretary of State may by order amend a maximum permitted number in subsection (1).

    (3) A proposed appointment of a special adviser shall be approved by the relevant select committee of the House of Commons before it is made.

    (4) No Minister shall appoint a special adviser after the passing of this Act until both Houses of Parliament have approved a code of conduct for special advisers.

Appointments to non-departmental public bodies.     3. - (1) There shall be not more than 1,000 non-departmental public bodies at any one time to which appointments may be made by Ministers.

    (2) A proposed appointment by a Minister to a non-departmental public body shall be approved by the House of Commons before it is made.

    (3) Approval under subsection (2) may be given by the relevant select committee of the House of Commons where the House so decides.

    (4) An appointment by a Minister to a non-departmental public body-

(a) shall expire after a period of two years if it has not previously ended;

(b) if renewed shall be treated for the purposes of this section as if it were a new appointment.

    (5) The Prime Minister shall-

(a) lay a report before Parliament; and

(b) make a statement in the House of Commons

on the exercise of Ministers' powers to make appointments to non-departmental public bodies in respect of each calendar year not later than 31st March in the following year.

Appointments to task forces.     4. - (1) There shall be not more than 44 task forces at any one time to which appointments may be made by Ministers.

    (2) A proposed appointment by a Minister to a task force shall be approved by the House of Commons before it is made.

    (3) Approval under subsection (2) may be given by the relevant select committee of the House of Commons where the House so decides.

    (4) An appointment by a Minister to a task force-

(a) shall expire after a period of two years if it has not previously ended;

(b) shall not be renewed after it has expired.

    (5) The Prime Minister shall-

(a) lay a report before Parliament; and

(b) make a statement in the House of Commons

on the exercise of Ministers' powers to make appointments to task forces in respect of each six-month period ending 30th June or 31st December not later than the following 30th September or 31st March respectively.

Political balance of appointments.     5. - (1) This section and section 6 apply to appointments to a non-departmental public body or to a task force.

    (2) A Minister making an appointment which is within this section shall-

(a) require from the person whom it is proposed to appoint a declaration of any political affiliation which that person may have; and

(b) ensure that the proportion of those persons appointed to the body to which the appointment is proposed to be made who have made a declaration under paragraph (a) that they have a political affiliation to the party which commands a majority in the House of Commons does not exceed the proportional representation of that party in the House of Commons as then constituted.

    (3) It shall be an offence for a person who has a political affiliation and who is required to declare it under subsection 2(a) not to declare that affiliation.

    (4) In this section "political affiliation" means-

(a) membership of, or

(b) active participation in the affairs of

a political party or of an organisation which is affiliated to a political party at any time in the period of 5 years preceding the date of the proposed appointment.

© Parliamentary copyright 1999
Prepared 23 March 2000

Government Powers (Limitations) Bill

	A B I L L TO Amend the law in relation to the permitted number of Ministers of the Crown; to limit the powers of Ministers to make certain appointments; to make provision with respect to the parliamentary scrutiny of European Union proposals and other subordinate legislation; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
	Ministers of the Crown
Ministers of the Crown.	1. - (1) There shall be not more than 82 Ministers of the Crown at any one time, of whom not more than 63 shall be Ministers of State or Parliamentary Secretaries.
	(2) The Secretary of State may by order amend a maximum permitted number in subsection (1).
	(3) A Minister's appointment shall lapse after a period of 3 months unless it has been approved by the relevant select committee of the House of Commons.
	Appointments by Ministers
Appointment of special advisers.	2. - (1) There shall be not more than 38 special advisers at any one time, of whom not more than 8 shall be expert advisers.
	(2) The Secretary of State may by order amend a maximum permitted number in subsection (1).
	(3) A proposed appointment of a special adviser shall be approved by the relevant select committee of the House of Commons before it is made.
	(4) No Minister shall appoint a special adviser after the passing of this Act until both Houses of Parliament have approved a code of conduct for special advisers.
Appointments to non-departmental public bodies.	3. - (1) There shall be not more than 1,000 non-departmental public bodies at any one time to which appointments may be made by Ministers.
	(2) A proposed appointment by a Minister to a non-departmental public body shall be approved by the House of Commons before it is made.
	(3) Approval under subsection (2) may be given by the relevant select committee of the House of Commons where the House so decides.
	(4) An appointment by a Minister to a non-departmental public body-
	(a) shall expire after a period of two years if it has not previously ended;
	(b) if renewed shall be treated for the purposes of this section as if it were a new appointment.
	(5) The Prime Minister shall-
	(a) lay a report before Parliament; and
	(b) make a statement in the House of Commons
	on the exercise of Ministers' powers to make appointments to non-departmental public bodies in respect of each calendar year not later than 31st March in the following year.
Appointments to task forces.	4. - (1) There shall be not more than 44 task forces at any one time to which appointments may be made by Ministers.
	(2) A proposed appointment by a Minister to a task force shall be approved by the House of Commons before it is made.
	(3) Approval under subsection (2) may be given by the relevant select committee of the House of Commons where the House so decides.
	(4) An appointment by a Minister to a task force-
	(a) shall expire after a period of two years if it has not previously ended;
	(b) shall not be renewed after it has expired.
	(5) The Prime Minister shall-
	(a) lay a report before Parliament; and
	(b) make a statement in the House of Commons
	on the exercise of Ministers' powers to make appointments to task forces in respect of each six-month period ending 30th June or 31st December not later than the following 30th September or 31st March respectively.
Political balance of appointments.	5. - (1) This section and section 6 apply to appointments to a non-departmental public body or to a task force.
	(2) A Minister making an appointment which is within this section shall-
	(a) require from the person whom it is proposed to appoint a declaration of any political affiliation which that person may have; and
	(b) ensure that the proportion of those persons appointed to the body to which the appointment is proposed to be made who have made a declaration under paragraph (a) that they have a political affiliation to the party which commands a majority in the House of Commons does not exceed the proportional representation of that party in the House of Commons as then constituted.
	(3) It shall be an offence for a person who has a political affiliation and who is required to declare it under subsection 2(a) not to declare that affiliation.
	(4) In this section "political affiliation" means-
	(a) membership of, or
	(b) active participation in the affairs of
	a political party or of an organisation which is affiliated to a political party at any time in the period of 5 years preceding the date of the proposed appointment.