7 Accountability of Government: revision
of the guidance to officials
124. In our last Annual Report, we recorded our concern
at the contrast between the level of access to information and
people achieved by Lord Hutton in his recent inquiry, and that
available to select committees.[224]
125. We expressed our view as follows:
The Government has undertaken to co-operate as fully
as possible in the provision of information to Parliament.[225]
It is therefore reasonable to expect that select committees should
receive Government co-operation as fully as an inquiry set up
by the Government itself.
During evidence to us on 3 February,[226]
the Prime Minister agreed to undertake a review within Government
of its guidance to officials relating to the availability of witnesses
and evidence (usually known as 'the Osmotherly Rules').[227]
The Leader of the House gave a similar undertaking on 5 February,[228]
and we look forward to discussing the results of the review with
him. We have drawn the Government's attention to particular aspects
of the problem, about which we have been concerned for some time:
- access to No. 10 policy advisers;
- availability of current policy reviews and reports;
- evidence on 'joined-up' policies from government
departments involved, including HM Treasury. [229]
126. The Government's review took most of 2004, and
eventually produced a new draft of Departmental Evidence and Response
to Select Committees on which we took evidence from the Leader
of the House, Rt Hon Peter Hain MP, on 19 October.[230]
127. The Guidance is a text produced by Government
for its own officials. It is not a parliamentary text nor has
it ever been endorsed by us or our predecessors. Its approach
offers a signal of how fully Whitehall is prepared to make itself
accountable to select committees.
128. Overall, many of the changes that appear in
the new version simply reflect developments in the structure and
practice of committees since the last edition issued in January
1997. Of more significance are:
- The addition of the words "including
special advisers" in para 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";
- The reference to providing information largely
through memoranda has been removed from paragraph 56. It used
to read (as para 50): "The Government's commitment to provide
as much information as possible to Select Committees is met largely
through the provision of memoranda, written replies to Committees'
questions and oral evidence from Ministers and officials. It does
not amount to a commitment to provide access to internal files,
private correspondence, including advice given on a confidential
basis or working papers";
- A new paragraph: "Government Departments
should, wherever possible, co-operate fully with inquiries on
joined-up policies" (para 61).
129. The overall position on provision of information
to select committees is now described by the Government as follows
in its current draft:
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.
(para 67)
130. When the Committee took evidence on the new
text from the Leader of the House in October, we continued to
express concern at the remaining gap between the access to information
and persons enjoyed by outside reviews such as the Hutton Inquiry,
and our own past experience in select committees. Nevertheless,
we were encouraged by the Leader's new emphasis on "the presumption
that the provision of information will be agreed to". He
said:
We have made a number of positive and very significant
changes in response: namely, making clear the presumption that
Committees' requests on attendance of civil servant witnesses,
including Special Advisers, will be agreed to; making clear the
presumption that the provision of information will be agreed to,
including the presumption of cooperation on joined-up inquiries,
including a new paragraph on parliamentary privilege in relation
to evidence from civil servants and non-departmental public body
staff, and encouraging departments to be proactive in providing
relevant information and documents to Committees.[231]
131. Mr Hain assured us that "there has not
been such a clear-cut presumption before" (Q15) although
Ministers' reserved the right to look at [access] on a case-by-case
basis (Q11).[232]
132. In parliamentary terms, this is an encouragingly
positive statement. The test will be in delivery, as always. Such
warm words from the Leader of the House will need to be translated
into action by his colleagues and their departments. We will put
these and the other assurances to the test in individual committees.
On the basis of our experience, and that of our successors in
a new Parliament, in which we hope select committees will be nominated
promptly, the Liaison Committee will judge ministers and departments
on their performance in practice.
224 HC (2003-04) 446 Back
225
See the Resolution of the House on Ministerial Accountability
to Parliament, CJ (1996-97) 328. Back
226
Liaison Committee, The Prime Minister, 3 February 2004,
HC 310-i, Q 1 Back
227
Departmental Evidence and Response to Select Committees, Cabinet
Office, 1997 Back
228
HC Deb, 5 February 2004, col 905 Back
229
HC (2003-04) 446, paras 87-90 Back
230
Liaison Committee, Evidence to Committees, 19 October 2004,
HC 1180-i Back
231
HC (2003-04) 1180-i, Q1 Back
232
HC (2003-04) 1180-i Back
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