The honours system
32. Honours are currently awarded as a matter of
prerogative. In view of the recent debate about the honours system
(stimulated in part by the Committee's publication of the papers
which resulted from a Government review of 2001[31])
we have decided to undertake a separate, detailed inquiry into
that system. A number of witnesses have already called for greater
public involvement and independent scrutiny of the honours system,
which would in itself reduce the scope of the Ministerial prerogative
in that area. We intend to produce a separate report on this subject
later in the year.
The Privy Council: "the
cloak that covers"
33. Mr Hague vividly described the Privy Council
as "the cloak that covers" a variety of important activities.
Mr Hague, himself a Privy Counsellor, told us that he believed
that many of the prerogatives exercised through the Council "should
be subject to the democratic control of Parliament".[32]
34. He saw little point in using the Privy Council
"cloak" in many cases, including the establishment of
groups of privy counsellors to examine telephone tapping and other
security matters: "I think those groups are groups of people
with Executive responsibility who happen to be privy counsellors,
rather than needing to be privy counsellors". He said "it
would make no practical difference" if such groups simply
met as groups of Ministers without such cover.[33]
Recent weeks have seen renewed interest in the powers, functions
and status of Privy Counsellors.[34]
We intend to return to this issue later.
1 Unfinished Business?Ministerial Powers and the Prerogative:An
Issues and Questions Paper (PASC Press Notice No 12, 20 May 2003). Back
2
Reasons for this are rehearsed by Sebastian Payne, "The Royal
Prerogative" in S. Payne and M. Sunkin (eds.), The Nature
of the Crown (1999), pp 77-110. Back
3
Introduction to the Study of the Law of the Constitution
(10th ed., 1959), p 424. Dicey's definition is similar to that
of Blackstone and thus excludes 'powers' which derive from the
principle that the Crown has all the capacities of an individual,
eg the power to enter into a contract. Such a power is sometimes
described as a 'prerogative' power. Back
4
HC 642-i Back
5
Lord Williams of Mostyn, the then Leader of the House of Lords,
produced a similar list after the Committee's issues and questions
paper had been published: see his a parliamentary answer: 649
HL Deb 40 (WA) (11 June 2003). Back
6
These are considered further below: see respectively paragraphs
[25] and [34]. Back
7
See First Report of the Committee on Standards in Public Life,
Cm 2850, May 1995 Back
8
These include The Ministerial Code: Improving the Rule Book. HC
235-I (2000-01) and more recently Ministerial Accountability and
Parliamentary Questions, 9th Report, HC 1086 (2001-02). Back
9
Government by Appointment: Opening Up the Patronage State, HC
165-I (2002-03). Back
10
A Draft Civil Service Bill: Completing the Reform, HC 128-I (2003-04) Back
11
HC Deb, 18 Nov 2002, Col 19W Back
12
HC Deb, 1 Mar 1993, Col 19W Back
13
HL Deb, 25 Feb 2003, Col WA12 Back
14
Meet the Challenge:Make the Change, p56 Back
15
A New Agenda for Democracy (Labour Party, 1993), p 33. Back
16
Jack Straw, MP, "Abolish the Royal Prerogative" in
A. Barnett (ed.), Power and the Throne: The Monarchy Debate
(1994), pp 125, 129. Back
17
Here We Stand (Liberal Democrats, 1993), pp 25-9. Back
18
Q54 Back
19
Ibid Back
20
Q1 Back
21
Q2 Back
22
Q27 Back
23
Q51 Back
24
In this case, a Bill is required to make the necessary changes
to the list of Community treaties in the European Communities
Act 1972 Back
25
Q2 Back
26
HC Deb Back
27
Q2 Back
28
Ibid Back
29
HC 165, Session 2002/03, para 110 Back
30
Q51 Back
31
Press Notice 22, 2002/03 Back
32
Q15 Back
33
Q15 Back
34
see HC Deb, 13 Mar 2003 Col 397W and 3 Jun 2003 Col 127/8W Back