Memorandum submitted by the Leader of
the House of Commons, Rt Hon Peter Hain MP
DEPARTMENTAL EVIDENCE AND RESPONSE TO SELECT
COMMITTEES
| CONTENTS
| Paragraphs |
| |
| 1. INTRODUCTION
| |
| Status of the Guidance | 1-2
|
| Scope of the Guidance | 3-7
|
| Central principles | 8 |
| |
| 8 2. THE SELECT COMMITTEE SYSTEM
| |
| General description | 9-19 |
| House of Commons: Departmental-related Select Committees
| 20-23 |
| Powers of Select Committees | 24-30
|
| Core tasks | 31 |
| Public and closed evidence sessions |
|
| 32 | |
| Informal briefings | 33 |
| Travel overseas by Select Committee | 34
|
| Departmental Select Committee Liaison Officers
| 35-36 |
| Provision of departmental publications |
37 |
| General Elections: Dissolution of Parliament
| 38 |
| 3. ROLE OF OFFICIALS GIVING EVIDENCE BEFORE SELECT COMMITTEES
| |
| General | 39-41 |
| Summoning of Named Officials | 42-46
|
| Position of Retired Officials | 47
|
| External Expert Witnesses | 48
|
| Agency Chief Executives | 49
|
| NDPBs | 50 |
| Parliamentary Privilege | 51
|
| |
| Paragraphs |
| |
| 4. EVIDENCE TO SELECT COMMITTEES
| |
| |
| 4A. Provision of evidence by officials: central principles
| |
| General | 52 |
| Accuracy of Evidence | 53 |
| Discussion of Government policy | 54-55
|
| NAO and PAC Reports | 56-57
|
| Consulting Ministers on Evidence | 58
|
| Inter-departmental Liaison | 59-61
|
| Research and Surveys | 62-63
|
| Ministerial Statements | 64-65
|
| |
| 4B. Provision of Information |
|
| General | 66-67 |
| Excessive Cost | 8-69 |
| Matters which may be sub judice |
0-71 |
| Conduct of Individual Officials | 2-77
|
| Papers of a Previous Administration | 8
|
| |
| 4C. Status and handling of evidence |
|
| Status of evidence: | |
| |
| |
| |
| House of Commons | 9-81 |
| House of Lords | 82 |
| Comment on evidence from other witnesses |
83 |
| Providing sensitive information in confidence
| 84-85 |
| Handling of sensitive information in oral evidence
| 86-89 |
| Handling of sensitive information in written evidence
| 90-91 |
| |
| 4D. Evidence from other bodies |
|
| 92-96 | |
| 5. GOVERNMENT RESPONSES TO SELECT COMMITTEE REPORTS
| |
| Leaked Select Committee Reports | 97
|
| Publication of Committee Reports | 98-99
|
| Briefing No 10 and Other Departments on Forthcoming Committee Reports
| 100 |
| Preparation of Press briefing | 101-102
|
| Immediate Comment on Committee Reports |
103-104 |
| Immediate Comment on NAO and PAC Reports |
105-106 |
| Timing of Government Response to Committee Reports
| 107-109 |
| Form of Government Response |
|
(c) Oral Statement 110-112
Responses to Reports from ad hoc Committees 113-116 ANNEX
A HOUSE OF
COMMONS STANDING
ORDER NO
152
1. INTRODUCTION
Status of the Guidance
1. This memorandum gives guidance to officials from Departments,
their Agencies and NDPBs who may be called upon to give evidence
before, or prepare memoranda for submission to, Parliamentary
Select Committees. It replaces the January 1997 edition.
2. In providing guidance, the memorandum attempts to
summarise a number of longstanding conventions that have developed
in the relationship between Parliament, in the form of its Select
Committees, and successive Governments. As a matter of practice,
Parliament has generally recognised these conventions. It is important
to note, however, that this memorandum is a Government document.
Although Select Committees will be familiar with its contents,
it has no formal Parliamentary standing or approval, nor does
it claim to have.
Scope of the Guidance
3. This guidance is intended to cover the Select Committees
of both the House of Commons and the House of Lords.
4. It does not apply in every respect to the Committee
of Public Accounts, because of the special position of Accounting
Officers in relation to that Committee and the direct access of
the Comptroller and Auditor General to departmental records. The
position is set out in the HM Treasury document "The Responsibilities
of an Accounting Officer". Further advice on giving evidence
to the Committee of Public Accounts can be obtained from the Treasury
Officer of Accounts and his staff.
5. Supplementary guidance on the procedures to be followed
in respect of the House of Commons European Scrutiny Committee
(and the corresponding House of Lords European Union Committee)
and on the handling of European Community documents is issued
separately by the Cabinet Office (European Secretariat).
6. Supplementary guidance on the procedures of the Joint
Committee on Statutory Instruments, is provided in "Statutory
Instrument Practice". Copies are available from HMSO (http://www.hmso.gov.uk/services/si_practice.htm).
For guidance on the Lords Delegated Powers and Regulatory Reform
Committee, and the Lords Merits of SIs Committee, see their most
recent Special Reports, available on www.parliament.uk.
7. Officials may occasionally be invited to give evidence
to Parliamentary Committees, or their equivalents, of other countries.
Before accepting, such requests should be discussed with the FCO
and referred to Ministers. Supplementary guidance on appearances
before Committees of the European Parliament is issued by the
Cabinet Office (European Secretariat).
Central Principles
8. Select Committees have a crucial role in ensuring
the full and proper accountability of the Executive to Parliament.
Ministers have emphasised that, when officials represent them
before Select Committees, they should be as forthcoming and helpful
as they can in providing information relevant to Committee inquiries.
In giving evidence to Select Committees, as elsewhere, officials
should be guided by the Government's Code of Practice on Access
to Government Information and the Freedom of Information Act from
January 2005. This point is reinforced in the Ministerial Code.
SECTION 2: THE
SELECT COMMITTEE
SYSTEM
General Description
9. Select Committees are appointed by the House to perform
a variety of functions, generally of inquiry, investigation and
scrutiny and they report their findings and recommendations to
the House. They are to be distinguished from Standing Committees
whose function is to examine and debate certain matters such as
Bills and delegated legislation.
10. Most House of Commons Select Committees have a continuing
existence and their terms of reference and powers are laid down
in Standing Orders of the House. Others may be established on
a sessional basis for a particular purpose.
11. The House of Commons Select Committees which officials
are most likely to come into contact with are:
— the departmentally-related Select Committees listed
in paragraph 20 below;
— the Committee of Public Accounts (the PAC);
— the Public Administration Select Committee (PASC);
and
— the European Scrutiny Committee.
12. The Procedure Committee may occasionally invite evidence
from Departments as may, less frequently, the Committee on Standards
and Privileges. The Liaison Committee carries out certain co-ordinating
functions on behalf of the various House of Commons Select Committees
and takes evidence twice a year from the Prime Minister. The normal
Government contact with this Committee is through the Office of
the Leader of the House. The Regulatory Reform Committee examines
the Government's proposals for amending legislation under the
terms of the Regulatory Reform Act 2001. The Environmental Audit
Committee audits Departments and NDPBs' performance against environmental
protection and sustainable development targets.
13. The Committee of Selection has no requirement for
evidence from Departments; nor usually do the various Select Committees
concerned with the finance, business and domestic affairs of the
House.
14. The House of Lords has two main Select Committees—the
European Union Committee and the Committee on Science and Technology—which
are reappointed at the beginning of each session, Both Committees
have Sub-Committees and there is power to co-opt additional members
to these Sub-Committees as appropriate.
15. The Delegated Powers and Regulatory Reform Committee
examines the appropriateness of the order-making powers in legislation
before the House and considers legislative proposals under the
Regulatory Reform Act 2001. The Constitution Committee examines
the constitutional implications of Bills, and keeps under review
the operation of the Constitution. The Economic Affairs Committee
has a wide remit to consider economic affairs. The Merits of Statutory
Instruments Committee examines the merits of all SIs subject to
affirmative and negative procedure (except those laid before the
Commons only) and reports to the House those of particular interest.
The Merits Committee bases its consideration on the Explanatory
Memorandum published on each instrument.
16. In addition, there may also be one or more ad hoc
Select Committees in the House of Lords which undertake enquiries
into matters of policy. Ad hoc Select Committees cease to exist
once they have reported to the House and rarely last for more
than one session.
17. There are also a number of Joint Committees of both
Houses. These include:
— the Joint Committee on Statutory Instruments (JCSI)
is responsible for scrutinising statutory instruments to ensure
that they meet certain criteria and are drafted properly. The
JCSI may ask departments for evidence in explanation of particular
instruments;
— the Joint Committee on Human Rights considers
matters relating to human rights in the UK and has responsibility
for scrutinising remedial orders under the Human Rights Act 1998.
18. Ad hoc Joint Committees may also be established for
specific purposes for example, to examine a policy area or to
conduct pre-legislative scrutiny of a draft Bill.
19. Finally, all of these Committees are to be distinguished
from the Intelligence and Security Committee established under
the Intelligence Services Act 1994. Although the membership of
that Committee is drawn from both Houses of Parliament, it is
not a Committee of the House as such, and reports to the Prime
Minister under separate statutory powers and duties laid down
in the Act.
House of Commons: Departmental-related Select Committees
20. There are currently 18 such Committees. They are
as follows:
| Select Committee | Main Government Departments concerned
|
| Constitutional Affairs | Department for Constitutional Affairs
|
| Culture, Media and Sport | Department for Culture, Media and Sport
|
| Defence | Ministry of Defence
|
| Education and Skills | Department for Education and Skills
|
| Environment, Food and Rural Affairs | Department for Environment, Food and Rural Affairs
|
| Foreign Affairs | Foreign and Commonwealth Office
|
| Health | Department of Health
|
| Home Affairs | Home Office; Attorney General's Office, Treasury Solicitor's Department, Crown Prosecution Service, Serious Fraud Office
|
| International Development | Department for International Development
|
| Northern Ireland Affairs | Northern Ireland Office
|
| Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions
| Office of the Deputy Prime Minister |
| Science and Technology | Office of Science and Technology (OST)
|
| Scottish Affairs | Scotland Office, Advocate General's Office
|
| Trade and Industry | Department of Trade and Industry (excluding OST)
|
| Transport | Department for Transport
|
| Treasury | Treasury, Inland Revenue and Customs and Excise
|
| Welsh Affairs | Wales Office
|
| Work and Pensions | Department for Work and Pensions
|
| |
21. The orders of reference of these Committees are contained
in House of Commons Standing Order No.152 (full text at Annex
A).
22. The Committees have a remit to examine the expenditure,
administration and policy of the principal government Departments
referred to, and also of their "associated public bodies".
Standing Order No 152 does not define "associated public
bodies" but the Government has accepted that Select Committees
should be able to look at the activities of public bodies that
exercise authority of their own and over which Ministers do not
have the same direct authority as they have over their own Departments.
23. The broad test is whether there is a significant
degree of ultimate Ministerial accountability for the body in
question. This means that, as well as Departments and their Agencies,
Select Committees may, for example, examine the expenditure, administration
and policy of Non-Departmental Public Bodies and NHS bodies. In
practice, the remit has also extended to non-Ministerial Departments.
Powers of Select Committees
24. The powers of Select Committees derive from the powers
of the House and from the Standing Orders. It is for the Committees
themselves, and ultimately for the House, to interpret their terms
of reference. Under Standing order No 152(3), each of the Commons
Departmental Committees has power to set up a sub-committee. The
Environment, Food and Rural Affairs Committee has power to set
up two. Under Standing order No 137A, each Committee or sub-committee
has power to meet concurrently with any other Committee or sub-committee
of either Houses of Parliament.
25. Select Committees (and their Sub-Committees) have
power to "send for persons, papers and records" relevant
to their terms of reference. The issue of an order for an individual
to attend or to provide evidence can exercise these powers, formally.
Enforcement of these formal powers and, in particular, the power
to punish for contempt of the House, is retained by the House
itself and can be exercised only by the House as a whole, not
by the Select Committee.
26. A full discussion of the powers of Select Committees,
and how these powers are exercised in practice, is contained in
a memorandum by the then Clerk of the House of Commons which was
published as Appendix C to the First Report from the Select Committee
on Procedure, Session 1977-78, HC 588-I.
27. In that same 1977-78 Report (which led to the establishment
of the present departmentally-related Select Committee system),
the Procedure Committee emphasised the primacy of Ministerial
accountability to Parliament. Officials can, of course, be summoned
or invited to appear, or asked for information, under the Committees'
powers but, almost invariably, this is done as part of the process
of overseeing Ministerial accountability:
"The over-riding principle concerning access to government
information should be that the House has power to enforce the
responsibility of Ministers for the provision of information or
the refusal of information. It would not, however, be appropriate
for the House to seek directly or through its committees to enforce
its rights to secure information from the Executive at a level
below that of the ministerial head of the department concerned
(normally a Cabinet Minister), since such a practice would tend
to undermine rather than strengthen the accountability of Ministers
to the House."
28. Although this passage appears in the context of proposals
to increase the powers of Select Committees in relation to Ministers
(proposals which, in the event, were not adopted by the House)
the general principle nonetheless holds good.
29. If a Select Committee sought the backing of the House
in any dispute with the Government as to the exercise of its powers,
Ministers would be accountable to the House for their actions
and those of their officials. The Government has given a commitment
that, where there is evidence of widespread general concern in
the House regarding an alleged Ministerial refusal to divulge
information to a Select Committee, it would seek to provide time
for the House to express its view (Official Report, 16 January
1981, Column 1312). In such circumstances it would be for members
of the Committee to argue why the House should exercise its powers
to require the production of papers, and for Ministers to explain
the reasons of public policy for withholding them.
30. In practice, Committees usually proceed on the basis
of informal requests for departmental witnesses and evidence rather
than through the exercise of their formal powers. It should be
noted that, in pursuing their examination of the expenditure,
administration and policy of Government Departments and associated
public bodies, Select Committees are free to seek evidence from
whoever they wish, and can send for papers and records from private
bodies or individuals where these are relevant to the Committee's
remit.
Core tasks
31. In its 2002 Report on Select Committees, the Select
Committee on Modernisation of the House of Commons (First Report,
Session 2000-01, HC 224-1) recommended that there should be an
agreed statement of the core tasks of the departmental select
committees. On 14 May 2002, the House of Commons approved a resolution
inviting the Liaison Committee to establish common objectives
for Select Committees. The core tasks agreed by the Liaison Committee
are set out in the Annual Report for 2002 (First report, Session
2002-03, HC 558).
Public and Closed Evidence Sessions
32. Select Committees' own deliberations are held in
closed session but Committees usually admit the public and the
press to hearings at which they take evidence from witnesses.
Departmental witnesses (and those officials who are sitting behind
them in support) should bear in mind that such public proceedings
may also be televised or sound broadcast, usually in edited form
and will be webcast on the Parliament website. Committees may,
on request from a witness, agree to take evidence in closed session
if sensitive or confidential material is likely to be discussed
(see paragraphs 86-89).
Informal Briefings
33. In addition to taking formal evidence, Committees
may invite Ministers or officials to informal meetings at the
start of an inquiry to brief them on the main issues or, more
generally, to update them on technical and other developments
within their field of responsibility. Departments may also offer
such briefings or informal visits to departments if they feel
it would be helpful. The guidance in Sections 3 and 4 applies
in these circumstances also.
Travel Overseas by Select Committees
34. Departmental Select Committees and some others have
power to "adjourn from place to place" and may travel
outside Westminster in connection with their Inquiries. They may
also travel overseas. In relation to overseas visits, the Committee
Clerk will in the first instance contact the Parliamentary Relations
and Devolution Department (PRDD) in the Foreign and Commonwealth
Office for advice on the timing and content of such visits. The
FCO and the British Embassies and High Commissions concerned are
closely involved in the organisation of these visits and a representative
from the overseas post will normally accompany members of the
Committee on their calls. Meetings overseas are generally conducted
on an informal off-the-record basis although formal evidence is
sometimes taken. The FCO will ensure that Departments are aware
of any proposals for overseas travel and will be glad to offer
advice.
Departmental Select Committee Liaison Officers (DSCLOs)
35. Most Departments appoint a Liaison Officer as the
main point of contact at official level between the Department
and the Select Committee and its Clerk. Executive Agencies normally
use their parent Department's Liaison Officer as their main point
of contact but may also wish to nominate an agency contact point
for an individual inquiry into their work.
36. Committee Clerks will generally use the Liaison Officer
as the channel for requests for information and memoranda. They
will usually be glad to talk informally to Liaison Officers about
their Committee's work and co-operate by, for example, providing
the Departments most concerned with advance copies of evidence
taken by the Committee from other witnesses.
Provision of Departmental Publications
37. There will be many departmental publications which
will be of interest to a Committee, either in relation to a current
or previous inquiry or more generally. Departments should provide
the Clerk of their Committee with a copy of such relevant publications
free of charge. If further copies are requested they should also
be provided free of charge, though Liaison Officers should if
necessary discuss with Clerks the need for multiple copies of
expensive publications. (See also paragraph 112(a) on the provision
of copies of Command Paper responses to Committee Reports).
General Elections: Dissolution of' Parliament
38. Select Committees set up by Standing Order continue
in existence until that Standing Order is amended or rescinded.
However, when Parliament is dissolved pending a General Election,
membership of Committees lapses and work on their inquiries ceases.
The point of contact for Departments continues to be the Committee
Clerk who remains in post to process the basic administrative
work of the Committee (including the publication after dissolution
of any reports which the Committee had authorised prior to dissolution).
Departments should continue to work, on a contingency basis, on
any outstanding evidence requested by the outgoing Committee and
on Government responses to outstanding Committee Reports. It will
be for the newly appointed Committee to decide whether to continue
with its predecessor's inquiries; and for the incoming administration
to review the terms of existing draft responses. As it is also
for the newly appointed Committee to decide whether to publish
Government responses to its predecessor's Reports, an incoming
Government may wish to publish such responses itself by means
of a Command Paper (see paragraph 112(a)).
SECTION 3: ROLE
OF OFFICIALS
GIVING EVIDENCE
TO SELECT
COMMITTEES
General
39. Civil servants who give evidence to Select Committees
do so on behalf of their Ministers and under their directions.
40. This is in accordance with the principle that it
is Ministers who are accountable to Parliament for the policies
and actions of their Departments. Civil servants are accountable
to Ministers and are subject to their instruction; but they are
not directly accountable to Parliament in the same way. It is
for this reason that when civil servants appear before Select
Committees they do so on behalf of their Ministers and under their
directions because it is the Minister, not the civil servant,
who is accountable to Parliament for the evidence given to the
Committee. This does not mean, of course, that officials may not
be called upon to give a full account of Government policies,
or indeed of their own actions or recollections of particular
events, but their purpose in doing so is to contribute to the
central process of Ministerial accountability, not to offer personal
views or judgements on matters of political controversy (see paragraphs
54-55), or to become involved in what would amount to disciplinary
investigations which are for Departments to undertake (see paragraphs
72-77).
41. This Guidance should therefore be seen as representing
standing instructions to officials appearing before Select Committees.
These instructions may be supplemented by specific Ministerial
instructions on specific matters.
Summoning of Named Officials
42. The line of ministerial accountability means that
it is for Ministers to decide which official or officials should
represent them.
43. Where a Select Committee indicates that it wishes
to take evidence from a particular named official, including special
advisers, the presumption should be that Ministers will agree
to meet such a request. However, the final decision on who is
best able to represent the Minister rests with the Minister concerned
and it remains the right of a Minister to suggest an alternative
civil servant to that named by the Committee if he or she feels
that the former is better placed to represent them. In the unlikely
event of there being no agreement about which official should
most appropriately give evidence, it is open to the Minister to
offer to appear personally before the Committee.
44. Where a civil servant is giving evidence to a Select
Committee for the first time, Departments will wish to ensure
that they provide appropriate guidance and support. Committees
may be willing to consider requests for individuals to be supported
in oral evidence sessions by more experienced civil servants
45. It has also been agreed that it is not the role of
Select Committees to act as disciplinary tribunals (see paragraphs
72-77). A Minister will therefore wish to consider carefully a
Committee's request to take evidence from a named official where
this is likely to expose the individual concerned to questioning
about their personal responsibility or the allocation of blame
as between them and others. This will be particularly so where
the official concerned has been subject to, or may be subject
to, an internal departmental inquiry or disciplinary proceedings.
Ministers may, in such circumstances, wish to suggest either that
he or she give evidence personally to the Committee or that a
designated senior official do so on their behalf. This policy
was set out in the then Government's response to a report from
the Public Service Committee on Ministerial Accountability and
Responsibility (First Report, Session 1996-97, HC 67).
46. If a Committee nonetheless insists on a particular
official appearing before them, contrary to the Minister's wishes,
the formal position remains that it could issue an order for attendance,
and request the House to enforce it. In such an event the official,
as any other citizen, would have to appear before the Committee
but, in all circumstances, would remain subject to Ministerial
instruction under the terms of this Guidance, the Civil Service
Code, and the Code of Practice on Access to Government Information
(FOI Act from January 2005).
Position of Retired Officials
47. Given the above, it is extremely rare, but not unprecedented,
for Committees to request evidence from officials who have retired.
A Committee could, again, issue an order for attendance if it
chose. However, retired officials cannot be said to represent
the Minister and hence cannot contribute directly to his or her
accountability to the House, It is primarily for these reasons,
as well as for obvious practical points of having access to up
to date information and thinking, that Ministers would expect
evidence on Government matters to be given by themselves or by
serving officials who report to them.
External Expert Witnesses
48. If Departments wish to include any external experts
in the team of officials giving evidence, the Clerk should be
consulted with an explanation of the reasons. Most Committees
are willing to agree to departmental requests of this kind but
they are not obliged to do so.
Agency Chief Executives
49. Where a Select Committee wishes to take evidence
on matters assigned to an Agency in its Framework Document, Ministers
will, normally, wish to nominate the Chief Executive as being
the official best placed to represent them. While Agency Chief
Executives have managerial authority to the extent set out in
their Framework Documents, like other officials they give evidence
on behalf of the Minister to whom they are accountable and are
subject to that Minister's instruction.
NDPBs
50. Departmental Select Committees have an important
role in examining the expenditure, administration and policies
of NDPBs. Members of NDPBs invited to give evidence should be
as helpful as possible in providing accurate, truthful and full
information, refusing to provide information in accordance with
the relevant statutes and the Code of Practice on Access to Government
Information (FOI Act from January 2005). Further guidance for
members of NDPBs invited to give evidence to select Committees
is set out in the Cabinet Office publication Guidance on Codes
of Practice for Board Members of Public Bodies.
Parliamentary Privilege
51. There must be no disciplinary action taken against
civil servants or members of NDPBs (or anyone else) for giving
evidence to a Select Committee. Any such action might be regarded
as contempt of the House, with potentially serious consequences
for those involved. [See Sixth Report of the Committee on Standards
and Privileges, Session 2003-04, HC1055.]
SECTION 4. EVIDENCE
TO SELECT
COMMITTEES
4A. Provision of evidence by Officials: central principles
General
52. The central principle to be followed is that it is
the duty of officials to be as helpful as possible to Select Committees.
Officials should be as forthcoming as they can in providing information,
whether in writing or in oral evidence, to a Select Committee.
Any withholding of information should be decided in accordance
with the law and the exemptions as set out in the Code of Practice
on Access to Government Information (FOI Act from January 2005).
Accuracy of Evidence
53. Officials appearing before Select Committees are
responsible for ensuring that the evidence they give is accurate.
They will therefore need to be fully briefed on the main facts
of the matters on which they expect to be examined. This can be
a major exercise as a Committee's questions can range widely and
can be expected to be testing. Should it nevertheless be discovered
subsequently that the evidence unwittingly contained factual errors,
these should be made known to the Committee, usually via the Clerk,
at the earliest opportunity. Where appropriate, a correcting footnote
will appear in the published transcript of the evidence.
Discussion of Government policy
54. Officials should as far as possible confine their
evidence to questions of fact and explanation relating to government
policies and actions. They should be ready to explain what those
policies are; the justification and objectives of those policies
as the Government sees them; the extent to which those objectives
have been met; and also to explain how administrative factors
may have affected both the choice of policy measures and the manner
of their implementation. Any comment by officials on government
policies and actions should always be consistent with the principle
of civil service political impartiality. Officials should as far
as possible avoid being drawn into discussion of the merits of
alternative policies where this is politically contentious. If
official witnesses are pressed by the Committee to go beyond these
limits, they should suggest that the questioning should be referred
to Ministers.
55. A Select Committee may invite specialist (as opposed
to administrative) officials to comment on the professional or
technical issues underlying government policies or decisions,
This can require careful handling where Committees wish to take
evidence from, for example, government economists or statisticians
on issues which bear on controversial policy questions and which
are also matters of controversy within the respective profession.
Such specialists may find themselves in some difficulty if their
own judgement on the professional issues has, or appears to have,
implications that are critical of Government policies. It is not
generally open to such witnesses to describe or comment upon the
advice which they have given to Departments, or would give if
asked. They should not therefore go beyond explaining the reasoning
which, in the Government's judgement, supports its policy. The
status of such evidence should, if necessary, be made clear to
the Committee. If pressed for a professional judgement on the
question the witness should, if necessary, refer to the political
nature of the issue and, as above, suggest that the line of questioning
be referred to Ministers.
NAO and PAC Reports
56. In those areas where the National Audit Office (NAO)
and the Parliamentary Commissioner for Administration (the Parliamentary
Ombudsman) have direct access to departmental papers, this does
not itself confer a similar right of access on the Committees
which they serve. In considering any request from the Committee
of Public Accounts (PAC) for such access, the Treasury should
be consulted. Where the Public Administration Select Committee
is taking evidence on Ombudsman issues, it may be necessary to
quote from departmental papers in connection with particular Parliamentary
or Health Service Commissioner cases. It is not however the practice
of the Committee to require evidence which would amount to the
"retrial" of individual cases.
57. A departmentally-related Select Committee may, on
occasion and with the agreement of the PAC, take up a NAO report
and invite departmental evidence on it. The Government has confirmed
that it has no objection to such an arrangement provided that
it is not taken as implying any alteration in the Comptroller
and Auditor General's remit or programme of work in support of
the PAC, or in the procedures for consulting Departments on draft
NAO reports. The conventions relating to departmentally-related
Select Committee business, for example governing the choice of
witnesses to represent Ministers and the form of the response
to the Committee's report, should continue to apply in such cases.
A full statement of these provisos is set out in the Government's
response (Cm 1532) to recommendation (xlvi) of the Procedure Committee's
1990 Report on the Working of the Select Committee System.
Consulting Ministers on Evidence
58. Because officials appear on behalf of their Ministers,
written evidence and briefing material should be cleared with
them as necessary. It may only be necessary for Ministers to be
consulted if there is any doubt among officials on the detail
of the policy to be explained to the Committee, or on what information
should be disclosed. However, as Ministers are ultimately accountable
for deciding what information is to be given and for defending
those decisions as necessary, their views should be sought if
a question arises of withholding information which a Committee
has asked for.
Inter-departmental Liaison
59. The subjects of inquiry by Select Committees may
on occasion go beyond the responsibilities of the Department which
they are responsible for monitoring. It is important in these
cases that the Department with the predominant role should take
the lead to ensure that the evidence given is co-ordinated and
consistent. This will usually, but not invariably, be the Department
which the Committee in question has a remit to "shadow".
If the subject under inquiry is one under which no Department
can be said to have a predominant role, it may be necessary for
a central co-ordinating office, such as the Cabinet Office, to
act as lead Department and, for example, to submit the Government's
written evidence; that will, however, be the exception rather
than the rule.
60. In such cases it is clearly desirable for all the
Departments concerned, in accordance with normal working practice,
to be kept in touch on the preparation of evidence and on the
subsequent response to the Committee's Report. Very often there
will be co-ordinating machinery in place for the subject already
but Liaison Officers also have an important role here and should
always be informed of requests for evidence involving other Departments.
61. Government Departments should, wherever possible,
co-operate fully with inquiries on joined-up policies. For some
Departments, the potential involvement is considerable; and, where
a Committee's request for oral or written evidence poses a particular
burden of work on a Department, this should be discussed with
the Committee.
Research and Surveys
62. If Departments are asked by Committees to undertake
research work or surveys on their behalf, the department will
try to meet the request. However, there may be circumstances where
providing such information would involve significant cost and/or
effort. In these cases, Departments should explore informally
with the Clerk to the Committee whether the Committee's request
could be met in a different way. If the request would require
substantial research it may be appropriate to suggest to the Committee
that it consider commissioning independent research.
63. The information provided by officials to a Committee
as part of a research project or survey is subject to the same
principles as apply to direct evidence. In particular, there is
a standing rule that officials should not take part in research
projects or surveys designed to establish their personal views
on Government policies or on matters which are politically contentious.
[Civil Service Management Code, paragraph 4.2.8.]
Ministerial Statements
64. Wherever possible, Committees should be given advance
notice of impending Ministerial statements on matters which are
relevant to their current inquiries. A convenient method if the
Minister is making the statement in Parliament is by way of notification
to the Clerk at the same time as the Whips inform the Opposition,
which is normally at noon on the day of the statement. This notification
to the Clerk should be of the fact that the statement is to be
made but should not include the text of the statement itself.
If the statement is to be made other than in the House, similar
arrangements should apply, and should continue to be observed
during the Parliamentary Recess or after dissolution of Parliament
(see paragraph 38).
65. As a courtesy, it is also helpful to Committees to
have their attention drawn to Ministerial announcements which
relate to their remit, even if not the subject of a current inquiry.
In order to be as helpful as possible, Departments should provide
Departmental Select Committees with copies of written Ministerial
Statements, White Papers and consultation documents in which the
Committee might be expected to have an interest.
4B. Provision of Information
General
66. Although the powers of Select Committees to send
for "persons, papers and records" relating to their
field of enquiry are unqualified, there are certain long-standing
conventions on the provision of information which have been observed
in practice by successive administrations on grounds of public
policy.
67. The Government is committed to being as open and
as helpful as possible with Select Committees. The presumption
is that requests for information from Select Committees will be
agreed to. Where a Department feels that it cannot meet a Committee's
request for information, it will make clear its reasons for doing
so citing the appropriate exemptions in the Code of Practice on
Access to Government Information (FOI Act from January 2005) or
the relevant statute. Where a department feels it cannot disclose
information in open evidence sessions or in memoranda submitted
for publication, Departments will wish to consider whether the
information requested could be provided on a confidential basis.
These procedures are described in paragraphs 84 to 91 below.
Excessive Cost
68. Although the provisions under the Code for charging
applicants do not apply in the case of Select Committees, it may
occasionally prove necessary to decline requests for information
which would involve the Department in excessive cost or diversion
of effort. Ministers should always be consulted on their priorities
in such cases.
69. Requests for named officials who are serving overseas
to attend to give evidence should not be refused on cost grounds
alone if the official concerned is the person best placed to represent
the Minister. Committees will generally be willing to arrange
for such witnesses to give evidence on a mutually acceptable date.
Evidence by video link is an alternative that should also be explored
with the Committee.
Matters which may be sub-judice
70. Committees are subject to the same rules by which
the House regulates its conduct in relation to matters awaiting
the adjudication of the courts (although the bar on debating such
matters may be lifted if a Committee is meeting in closed session).
If a matter already before the courts is likely to come up for
discussion before a Committee at a public session, the Clerk will
usually be aware of this and will draw the attention of the Chairman
to the relevant rules of the House. Nonetheless, if a Department
has reason to believe that such matters may arise, the Liaison
Officer may wish to check with the Clerk that the Committee is
also aware. It should be noted, however, that the Committee Chairman
has an overriding discretion to determine what is appropriate
in the hearing of evidence.
71. Officials should take care in discussing or giving
written evidence on matters which may become the subject of litigation
but which, at the time, do not strictly come under the rules precluding
public discussion of sub judice questions. Such caution should
be exercised whether or not the Crown is likely to be a party
to such litigation. If such matters seem likely to be raised,
officials should first consult their departmental legal advisers
or the Treasury Solicitor on how to handle questions which might
arise. In any case of doubt about the extent to which details
may be disclosed of criminal cases, not currently sub judice,
the Law Officers are available for consultation. Similar considerations
apply in cases where a Minister has or may have a quasi-judicial
or appellate function, for example in relation to planning applications
and appeals.
Conduct of Individual Officials
72. Occasionally questions from a Select Committee may
appear to be directed to the conduct of individual officials,
not just in the sense of establishing the facts about what occurred
in making decisions or implementing Government policies, but with
the implication of allocating individual criticism or blame.
73. In such circumstances, and in accordance with the
principles of Ministerial accountability, it is for the Minister
to look into the matter and if necessary to institute a formal
inquiry. Such an inquiry into the conduct and behaviour of individual
officials and consideration of disciplinary action is properly
carried out within the Department according to established procedures
designed and agreed for the purpose, and with appropriate safeguards
for the individual. It is then the Minister's responsibility to
inform the Committee of what has happened, and of what has been
done to put the matter right and to prevent a recurrence. Evidence
to a Select Committee on this should be given not by the official
or officials concerned, but by the Minister or by a senior official
designated by the Minister to give such evidence on the Minister's
behalf.
74. In this context, Departments should adhere to the
principle that disciplinary and employment matters are a matter
of confidence and trust (extending in law beyond the end of employment).
In such circumstances, public disclosure may damage an individual's
reputation without that individual having the same "natural
justice" right of response which is recognised by other forms
of tribunal or inquiry. Any public information should therefore
be cast as far as possible in ways which do not reveal individual
or identifiable details. Where Committees need such details to
discharge their responsibilities, they should be offered in closed
session and on an understanding of confidentiality. Evidence on
such matters should normally be given on the basis that:
(a) information will not be given about Departmental disciplinary
proceedings until the hearings are complete;
(b) when hearings have been completed, the Department
will inform the Committee of the outcome in a form which protects
the identity of the individual or individuals concerned except
insofar as this is already public knowledge;
(c) where more detail is needed to enable the Committee
to discharge its responsibilities, such detail will be given but
on the basis of a clear understanding of its confidentiality;
(d) the Committee will thereafter be given an account
of the measures taken to put right what went wrong and to prevent
a repeat of any failures which have arisen from weaknesses in
the Departmental arrangements.
75. Select Committees have agreed that it is not their
task to act as disciplinary tribunals. Accordingly, if in the
course of an inquiry a Select Committee were to discover evidence
that called into question the conduct (in this sense) of individual
named officials, the Committee should be asked not to pursue their
own investigation into the conduct of the person concerned, but
to take up the matter with the Minister.
76. If it is foreseen that a Select Committee's line
of enquiry may involve questions about the conduct of named officials,
it should be suggested to the Committee that it would be appropriate
for a Minister or a senior official designated by the Minister
to give evidence, rather than the named officials in question.
If an official giving evidence to a Committee is unexpectedly
asked questions which are directed at his or her individual conduct,
or at the conduct of another named official, the official should
indicate that he or she wishes to seek instructions from Ministers,
and the Committee should be asked to allow time for this.
77. A recent extreme example of the House of Lords setting
up a Committee with an explicit remit to inquire into the conduct
of specific individuals, and to revisit the findings of a departmental
tribunal, is provided by the Chinook ZD 576 inquiry in 2001. This
was wholly exceptional.
Papers of a Previous Administration
78. There are well established conventions which govern
the withholding of policy papers of a previous Administration
from an Administration of a different political complexion. These
were set out in a Parliamentary answer from the Prime Minister
on 24 January 1980 (Official Report, Columns 305-307). Since officials
appear before Select Committees as representatives of their Ministers,
and since Select Committees are themselves composed on a bipartisan
basis, it follows that officials should not provide a Committee
with evidence from papers of a previous Administration which they
are not in a position to show to their present Ministers. If such
evidence is sought, Ministers should be consulted. Where Ministers
propose to make an exception, it would be necessary to consult
a representative of the previous Administration before either
showing the papers to present Ministers or, with Ministers' authority,
releasing information from them to a Committee.
4C. Status and handling of evidence
Status of Evidence
House of Commons
79. Once information has been supplied to a Committee
it becomes "evidence" and, subject to any agreement
with the Committee on the non-publication of protectively marked
information (paragraphs 84-91), it is entirely up to the Committee
whether or not to publish it and report it to the House. Certain
rules apply to the further public use of such evidence by the
Government prior to its publication by the Committee. Departments
should be careful to observe these rules as failure to do so could
amount to a breach of Parliamentary privilege. Committees are
usually helpfully flexible in applying the rules but, in cases
of doubt, Departments should consult the relevant Committee Clerk
for guidance.
80. The basic rule is a Commons resolution of 1837 which
states that ". . . the evidence taken by any Select Committee
of this House, and Documents presented to such Committee, and
which have not been reported to the House, ought not to be published
by any Member of such Committee or any person". This Resolution
still stands but is now subject to important modifications which
give Committees power to authorise witnesses to publish the memoranda
of evidence they have submitted (Commons Standing Order No 135)
and which permit the publication of evidence given in public session
before it is formally reported to the House (Commons Standing
Order No 136). Many Committees now agree to a resolution giving
permission to witnesses to publish their evidence, either generally
or in respect of a specific inquiry.
81. The practical implications of these rules for Departments
are as follows:
Oral evidence given in public session. There is no
constraint on Departments using or repeating the substance of
material given in public evidence sessions but verbatim transcripts
of oral evidence (advance proof copies of which will be sent by
the Clerk to Departments for checking) should not be copied to
third parties until they have been published by the Committee.
Uncorrected transcripts are now normally published on the Parliament
website within a few days of the evidence session.
Oral evidence given in closed session. Evidence given
in closed sessions should not be disclosed by Departments before
the evidence (sidelined as appropriate) has been published by
the Committee. Departments will not, of course, want to disclose
the sidelined passages of their evidence to third parties in any
event.
Unclassified memoranda. Memoranda provided in advance
of an oral evidence session are usually published on the internet
with the transcript of the oral evidence, and in due course with
the Committee's report. Once they have been published, Departments
are free to make copies available to third parties. If a Department
wishes to make copies of their submitted memoranda available to
third parties in advance of this, they must first obtain the permission
of the Committee. The Committee itself will usually make copies
available to the media at the time of the evidence session but
Liaison Officers may wish to check this with the Clerk and brief
their Press Office accordingly.
Classified (protectively marked) memoranda. Similar
rules apply, but naturally with the same caveat as for oral evidence
given in closed session.
House of Lords
82. House of Lords Committees treat evidence in a quite
different way. Once received by the Committee, it is treated as
being in the public domain unless other arrangements have been
made. It may be reproduced freely, provided the fact that it was
originally prepared for the Committee is acknowledged.
Comment on Evidence from other Witnesses
83. Evidence critical of a Department may be given in
public session by witnesses outside the Department. This may prompt
questions to the department by the media or others. Departments
can of course respond to such questions. Departments may also
wish to explore with the Clerk whether it would be appropriate
to submit further evidence setting out the Department's position.
Providing Sensitive Information in Confidence
84. It is to the benefit of Committees in carrying out
their task of scrutinising Government activities, and to Government
in explaining its actions and policies, for sensitive information,
including that carrying a protective security marking, to be provided
from time to time on the basis that it will not be published and
will be treated in confidence. Procedures have been developed
to accommodate this.
85. When this arises, the Department should inform the
Clerk that the information in question can be made available only
on this basis, explaining the reasons in general terms. Such information
should not be made available until the Committee has agreed to
handle it appropriately, either by treating it wholly in confidence
or by agreeing to publish it with a reasonable degree of sidelining
(ie with the relevant passages omitted but with the location of
the omissions indicated). It is important when submitting such
information to make clear that the papers are provided in confidence
and are not for publication. Information provided to Committees
in confidence will be covered by Parliamentary privilege, and
therefore will be exempt from release under FOI, but they will
eventually be considered for release under the 30 year rule. In
cases of particular sensitivity, Departments may wish to register
a wish to be consulted before release. It should be appreciated,
however, that once evidence is given to a Committee, whether in
confidence or not, it becomes the property of the Committee, to
deal with as it thinks fit.
Handling of Sensitive Information in Oral Evidence
86. It would clearly be inappropriate for any evidence
which a Department wished to be treated as confidential to be
given at a public session of the Committee. If it appears likely,
therefore, that subjects to be discussed at a forthcoming public
session are such that the witnesses would only be able to give
substantive answers in confidence, the Department should write
to the Chairman or the Clerk explaining why this is so. The Committee
may then agree to take that part of the Department's evidence
in closed session.
87. If, despite such an approach, a Committee questions
an official witness in public session on confidential matters,
or if such matters are raised unexpectedly, the official should
inform the Committee that the questions could only be answered
on a confidential basis. The Committee may then decide to go into
closed session or request a confidential memorandum. It is not
for the witness to suggest that the Committee should go into closed
session as this is wholly a matter for the Committee to decide.
88. Where confidential evidence has been given in a closed
session the witness should, at the end of the session, let the
Clerk know which parts of the evidence these are. Pending the
Committee's final decision on what they will agree to omit from
the published version, the Clerk will send two copies of a full
transcript to the Department. One copy is for retention; the other
should be returned to the Clerk with those passages sidelined
which contain sensitive information which, in the Department's
judgment, it would not be in the public interest to publish.
89. Although Committees usually respect such requests
for sidelining, they may occasionally challenge a particular request.
Witnesses should therefore bear in mind when providing confidential
memoranda, or in giving evidence in private, that their evidence
may be published unless there is a clear justification for sidelining.
The final decision on publication rests with the Committee.
Handling of Sensitive Information in Written Evidence
90. Where information is submitted to a Committee on
the understanding that it will be kept confidential, this understanding
should be recorded in the covering letter forwarding the evidence
to the Clerk. The letter should make clear whether the whole memorandum
or, as is often the case, particular sections are to be kept confidential.
The confidentiality of the papers will also be taken into account
when the information is being considered for disposal in future
years.
91. An agreement was reached with the Liaison Committee
in 1975 on the conditions under which classified information may
be disclosed to Select Committees. This agreement still stands,
The key points are as follows:
(a) Information marked TOP SECRET or SECRET will be restricted
to those persons (in addition to the Clerk) to whom the Department
has agreed to release it. In practice this will usually mean only
the members of the Select Committee or of the Sub-Committee concerned
and, in the case of a Sub-Committee, the Chairman of the main
Committee in addition. The disclosure of information marked RESTRICTED
or CONFIDENTIAL will be similarly limited except that, where it
has been disclosed to members of Sub-Committees, it may also be
made available to members of the main Committee concerned.
(b) The release of TOP SECRET information under these
arrangements is subject to the personal approval of the responsible
Minister in each case.
(c) Protectively marked information may also be disclosed
to a Committee's Specialist Advisers provided they have security
clearance in accordance with arrangements agreed with the Clerk
of the House.
(d) Protectively marked memoranda (and the full transcripts
of oral evidence containing classified information) will be made
available to those authorised to see it only during Committee
or Sub-Committee meetings and on request in the Committee Office.
Members may not take protectively marked documents away with them.
4D. Evidence from other bodies
92. Committees may, as stated in paragraph 22-23 above,
investigate and call for evidence from "associated public
bodies' for which Departments have responsibility. If a Department
becomes aware that one of its NDPBs (or related bodies) has been
invited to give evidence, they should consider whether it would
be helpful to discuss the lines of evidence with the witnesses
before the hearing. The Department may also wish to consider whether
it would be advisable or helpful for their Minister also to be
represented at the hearing; whether this is allowed is, of course,
entirely at the discretion of the Committee.
93. Committees may occasionally call for evidence from
commercial companies, particularly those handling Government contracts.
Ministers remain accountable to Parliament and the public for
the functions provided by contractors. There should be no loss
of transparency as to the quality and effectiveness of services
delivered. Nor should there be any relaxation in the protection
of private and sensitive third party information handled by contractors.
There may also be a need in the public interest to preserve commercial
confidentiality to protect the business interests of competing
companies and to protect the position of Departments and the public
purse in current or future tendering activity.
94. Government contracts will very often specify the
contractor's obligations both to provide appropriate information
to the public (under the Government's policies on openness) and
to give necessary protection to confidential and sensitive information.
Where contractors are prohibited from providing access without
written consent to the details of Government contracts, Departments
may find it helpful to discuss with their contractors how they
can best provide a Committee with a general picture of their work
without going into the commercially sensitive details of specific
contracts.
95. The normal relationships between Departments and
their associated public bodies or with commercial contractors
should usually be sufficient to ensure an awareness on the part
of witnesses from such organisations of the need to deal with
Committee's questions in accordance with the rules about protecting
classified information. Departments may, however, wish to remind
witnesses of these rules, and the options for providing sidelined
evidence, before the hearing.
96. Where Departments and associated public bodies have
consulted one another, or a commercial contractor, prior to the
submission of a memorandum to a Committee, the memorandum should,
in accordance with a recommendation of the Procedure Committee,
include a note of the persons or organisations that have been
consulted.
SECTION 5: GOVERNMENT
RESPONSES TO
SELECT COMMITTEE
REPORTS
Leaked Select Committee Reports
97. If a civil servant (or a Minister) receives a copy
of a leaked Select Committee report, he or she must not make any
use of it or circulate it any further. The report should be returned
immediately to the Clerk of the relevant Select Committee. No
copies should be taken.
Publication of Committee Reports
98. Select Committee Reports are made formally to the
House rather than to the Government although, given their subject
matter, most of the recommendations tend to be addressed to the
Government.
99. Under the terms of House of Commons Standing Order
No 134, interested Departments and the media will normally receive
embargoed copies of Select Committee Reports up to 48 hours before
publication. While Committees are usually helpful over this, such
advance issue is at their discretion and Departments cannot insist
on seeing copies. If publication of a Report is known to be imminent,
Departments may wish to contact the Clerk on an informal basis
to establish the likely timetable.
Briefing No 10 and other Departments on Forthcoming Committee
Reports
100. As soon as possible after an embargoed copy of a
Committee Report is received, a short note (not more than two
or three pages) should be prepared on the main points, especially
difficult points, with brief lines to take where necessary (bearing
in mind the guidance on immediate comments on Reports at paragraphs
103-106). This should be faxed to the Parliamentary Clerk at No
10 to arrive before publication of the Report concerned. In the
event of a Department receiving the Report only on the day of
publication, a short note should still be put urgently in hand
to reach No 10 on the same day. Copies of the briefing should
go in parallel to other Departments with an interest in the Report.
This requirement stands for Reports published during the recess
as well as when Parliament is sitting.
Preparation of Press briefing
101. Receipt of an embargoed copy of a Select Committee
report also enables Departments to prepare briefing for use by
Ministers and press offices for comment on the Report as soon
as it published. Such immediate comment is, however, subject to
certain rules and conventions and should avoid giving instant
conclusions on recommendations in Committee Reports before there
has been time to consider them carefully. The briefing may consist
of a Press Notice, issued to coincide with publication of the
Report, or simply of material for the Departmental Press Office
to use in response to enquiries. In either case it should be borne
in mind that journalists will be working on their embargoed copies
to a similar timetable so that media enquiries may arise almost
as soon as these copies are available. Any information provided
should be subject at least to the same embargo date as that of
the Committee's report.
102. Where a Select Committee Report concerns more than
one Department, the Department with the major interest should
co-ordinate the Press briefing, though Press enquiries may be
answered by the other Departments concerned on the agreed lines.
Immediate Comment on Committee Reports
103. The basic principle in giving immediate comment
on Committee Reports is that Departments should be careful not
to pre-empt or prejudge the Government's final and considered
reply to the Committee's recommendations which must first be given
to Parliament. This means that comments given to the media or
in other statements, especially outside the House, on publication
of the Report, or in the intervening period up to the delivery
of the Government's reply, should not seem to anticipate that
reply.
104. The Government's position on these conventions was
set out in a letter of 5 June 1990 from the then Lord President
of the Council to the Chairman of the Liaison Committee.
This:
(a) reaffirmed the convention that Departments may respond
immediately in order to correct mis-statements of fact, to provide
background information, or to draw attention to particular passages
in the Committee's Report or in the published Government evidence
the Committee;
(b) asserted the right of Ministers to respond publicly
to criticisms of the Government as robustly as seemed appropriate;
this would include criticisms in the Committee's Report itself,
inaccuracy or mis-statement in media reporting, or public criticisms
made by individual Committee members;
(c) confirmed that it was not the Government's intention
that recommendations in Committee Reports should be subject to
snap responses without detailed Government assessment. Nonetheless
Ministers would feel free to respond immediately to certain recommendations,
either positively or negatively, where the Government's policy
was established and clear, or where an early response was needed
in order to influence fast-moving events.
Immediate Comment on NAO and PAC Reports
105. Similar considerations apply to immediate comment
on Reports from the Committee of Public Accounts (PAC). In the
case of Reports to the PAC from the National Audit Office (NAO),
it is important that immediate comment should not pre-empt any
subsequent PAC hearing with the Department's Accounting Officer.
Comment should therefore be confined to quoting or amplifying
material contained in the NAO Report itself (including expressions
of departmental views), providing relevant information and correcting
any mis-statements of fact or interpretation in media coverage.
Any comments in these circumstances should also observe the 1968
Treasury undertaking to the PAC that immediate comment would not
be controversial; but this need not preclude straightforward factual
correction of media reporting.
106. Departments' public comments on NAO and PAC Reports
which have financial implications, or which might affect substantively
the subsequent Treasury Minute, should be cleared first with the
relevant Treasury expenditure division.
Timing of Government Response to Committee Reports
107. Departments should aim to provide the considered
Government response to a Commons Select Committee Report within
two months of its publication, as recommended by the Procedure
Committee. Written responses to Lords Committees must be provided
within two months for the EU Committee, six months for all others.
108. This may not, however, always be possible to achieve
as Committee Reports tend to address issues which require consideration
in depth and this may involve consultation both within and outside
Government before a substantial reply can be provided. If it appears
that preparing a response is going to take longer than it should,
the Department should write to the Committee (at Ministerial level
to the Chairman or at official level to the Clerk) explaining
the reasons and indicating the likely timetable. Only in exceptional
circumstances should a response be deferred for more than six
months after the Report's publication. A further option is to
provide an interim response within the set period and a fuller
response at a later date.
109. If these deadlines mean that a response falls due
in the summer recess, the Committee may prefer publication of
the Government response to be held over until Parliament reconvenes.
Liaison Officers should consult the Clerk on the Committee's preference.
Form of Government Response
110. In considering the form which the Government's considered
response to a Select Committee Report should take, it is important
to remember that the response must in all circumstances be made
first to Parliament, either to the House itself or to the Committee.
Replies usually take one of the following forms:
(a) a Command Paper presented to Parliament;
(b) a Memorandum or a letter to the Chairman of the Committee;
or
111. Replies in the form of (a) or (b) may be made in
conjunction with an oral or written ministerial statement; but
the Government has agreed that formal replies to Select Committee
reports will not be made by means of written PQ answers alone.
112. Where a Select Committee's recommendations concern
another public body as well, that body may reply direct to the
Committee or its reply may be annexed to the Government's response
as appropriate.
(a) Command Paper
This is the traditional form of reply on matters of substance
and is addressed to Parliament as a whole, rather than directly
to the Committee.
Arrangements should be made where appropriate for collective
Ministerial consideration and cleared through the relevant Cabinet
Committee. Collective Ministerial agreement is likely to be required
if the response touches on the responsibility of other Government
Departments or is otherwise likely to be politically controversial.
Where several Departments are concerned, the Command Paper
may be issued either by the principal Minister concerned, or by
several Ministers acting jointly. Replies to Reports of the Committee
of Public Accounts are always collated and presented by the Treasury.
Advance copies of any Command Paper responding to a Select
Committee Report should be made available to the Committee concerned
up to 48 hours before publication (the counterpart of the arrangement
described in paragraph 99). Committees also find it helpful to
be advised informally, where possible, when a reply is imminent.
Advance copies may also be made available to the media. These
should normally be provided on the day of publication. Any proposal
to provide copies to the media mote than 24 hours in advance must
be cleared with No 10.
One advance copy of the final Command Paper for each Committee
member and the Clerk should be provided by the Department, free
of charge. If significantly more copies are required, the Clerk
should be advised to obtain these from the publisher in the usual
way (see paragraph 37).
(b) Memorandum or Letter to the Committee
A Memorandum by a Department to the Committee, or a letter
from a Minister to the Chairman may be a more readily applicable
form of response to less substantial recommendations. Unlike a
Command Paper, such responses are, formally, further evidence
to the Committee and are therefore subject to the usual conventions
on submitted evidence (see paragraphs 79-82). The Committee will
normally decide to publish such Government responses itself, either
without comment or with a further commentary on the points made
in the response. Alternatively, Committees may, on request, agree
to publication by the Department. This is usually done by the
Department placing a copy of the reply in the House Library and
drawing attention to it by means of a written ministerial statement.
(c) Oral Statement
If the Government's response is made in an oral statement
on the floor of the House, whether in a separate statement or
as part of a wider Ministerial speech, the Department should write
to the Committee as early as possible drawing their attention
to the statement and, if appropriate, making it clear that no
further written reply is envisaged.
Responses to Reports from ad hoc Committees
113. The existence of an ad hoc Committee may end with
the making of its report. In these circumstances, the Government
response should be in the form of a Command Paper. The Clerk of
the former Committee should be kept informed, as for an existing
Committee, and copies should be provided for the members of the
former Committee.
114. There is no obligation to reply individually to
every point made by a Committee: some may be general pronouncements
or observations: some may be directed not to the Government but
to the House itself (for example, certain recommendations of the
Procedure Committee) or to other bodies; some may conveniently
be dealt with in one omnibus comment. A report may also contain
observations by the Committee which, while not in the form of
a recommendation, may nonetheless warrant a response or statement
of the Government's views.
115. In the period between publication of a Committee's
Report and the formal Government reply, there need be no constraint
on Departments taking action on its recommendations. However,
if such action is taken the Committee should be informed, a Parliamentary
announcement should be considered, and in any event the formal
Government response to the Committee should refer to the action
taken (see also paragraphs 64-65 on Ministerial statements). Similarly,
if a decision on a recommendation is made, or if a recommendation
is implemented some time after the formal reply has been given,
the Department should write to the Committee to make them aware
of the fact.
116. A copy of all Government replies to Committee recommendations,
in whatever form, should be sent to the Leader of the House of
Commons or to the Leader of the House of Lords as appropriate.
Annex A
SELECT COMMITTEES RELATED TO GOVERNMENT DEPARTMENT
House of Commons Standing Order No 152
1. Select Committees shall be appointed to examine the
expenditure, administration and policy of the principal government
departments as set out in paragraph (2) of this Order and associated
public bodies.
2. The committees appointed under paragraph (1) of this
Order, the principal departments of government with which they
are concerned and the maximum numbers of each committee shall
be as follows:
Name of Committee
|
Principal government departments concerned
| Maximum
members |
| 1. | Constitutional Affairs
| Department for Constitutional Affairs (including the work of staff provided for the administrative work of courts and tribunals, but excluding consideration of individual cases and appointments, and excluding the work of the Scotland and Wales Offices and of the Advocate General for Scotland)
| 11 |
| 2. | Culture, Media and Sport
| Department for Culture, Media and Sport |
11 |
| 3. | Defence | Ministry of Defence
| 11 |
| 4. | Education and Skills
| Department for Education and Skills | 11
|
| 5. | Environment, Food and Rural Affairs
| Department for Environment, Food and Rural Affairs
| 17 |
| 6. | Foreign Affairs |
Foreign and Commonwealth Office | 11
|
| 7. | Health | Department of Health
| 11 |
| 8. | Home Affairs |
Home Office; and administration and expenditure of the Attorney General's Office, the Treasury Solicitor's Department, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and appointments and advice given within government by Law Officers)
| 11 |
| 9. | International Development
| Department for International Development |
11 |
| 10. | Northern Ireland Affairs
| Northern Ireland Office; administration and expenditure of the Crown Solicitor's Office (but excluding individual cases and advice given by the Crown Solicitor); and other matters within the responsibilities of the Secretary of State for Northern Ireland (but excluding the expenditure, administration and policy of the Office of the Director of Public Prosecutions, Northern Ireland and the drafting of legislation by the Office of the Legislative Counsel).
| 13 |
| 11. | Office of the Deputy Prime Minister:
Housing, Planning, Local Government
and the Regions
| Office of the Deputy Prime Minister | 11
|
| 12. | Science and Technology
| Office of Science and Technology | 11
|
| 13. | Scottish Affairs |
Scotland Office (including (i) relations with the Scottish Parliament and (ii) administration and expenditure of the offices of the Advocate General for Scotland (but excluding individual cases and advice given within government by the Advocate General))
| 11 |
| 14. | Trade and Industry |
Department of Trade and Industry (but excluding the Office of Science and Technology)
| 11 |
| 15. | Transport | Department for Transport
| 11 |
| 16. | Treasury | Treasury, Board of Inland Revenue, Board of Customs and Excise
| 11 |
| 17. | Welsh Affairs | Wales Office (including relations with the National Assembly for Wales)
| 11 |
| 18. | Work and Pensions |
Department for Work and Pensions | 11
|
| | |
|
3. Each Select Committee appointed under this order shall
have the power to appoint a sub-committee, and the Environment,
Food and Rural Affairs Committee shall have power to appoint two
sub-committees.
4. Select Committees appointed under this order shall
have power:
(a) to send for persons, papers and records, to sit notwithstanding
any adjournment of the House, to adjourn from place to place,
and to report from time to time;
(b) to appoint specialist advisers either to supply information
which is not readily available or to elucidate matters of complexity
within the committee's order of reference; and
(c) to report from time to time the minutes of evidence
taken before sub-committees, and to lay upon the Table of the
House the minutes of the proceedings of sub-committees;
and the sub-committees appointed under this order shall
have power to send for persons, papers and records, to sit notwithstanding
any adjournment of the House, to adjourn from place to place,
to report from time to time the minutes of their proceedings,
and shall have a quorum of three.
5. Unless the House otherwise orders, all Members nominated
to a committee appointed under this order shall continue to be
members of that committee for the remainder of the Parliament.
October 2004
| 
