Memorandum by the Cabinet Office
INTRODUCTION
1. This memorandum sets out the Government's
proposals for strengthening and clarifying the position relating
to the rules for civil servants on the publication of political
memoirs. The current rules are at Annex A.
2. In considering the options, we have been
mindful of the need to strike a fair balance between allowing
former officials the freedom to write their own accounts of their
time in Government which can help inform public understanding
and debate, the right to freedom of expression under the European
Convention on Human Rights and the implications of Freedom of
Information legislation, while at the same time seeking to protect
official information which should remain confidential for reasons
of national security, international relations and trust and confidence
within Government.
CONTRACTUAL PROVISIONS
3. Civil servants and former civil servants
are already bound by duties of confidentiality in relation to
official information received during the course of their employment.
The Civil Service Management Code states:
"Civil servants must not take part in any
activities or make any public statement which might involve the
disclosure of official information or draw upon experience gained
in their official capacity without the prior approval of their
department or agency. They must clear in advance material for
publication, broadcasts or other public discussion which draws
on official information."[paragraph 4.2.4]
"Civil servants must not publish or broadcast
personal memoirs reflecting their experience in Government, or
enter into commitments to do so, whilst in Crown employment. The
permission of the Head of their department and the Head of the
Home Civil Service must be sought before entering into commitments
to publish such memoirs after leaving the Service." [paragraph
4.2.5]
The Civil Service Code also states that
"civil servants should continue to observe their duties of
confidentiality after they have left Crown employment".[paragraph
13]
4. In addition to these rules, we believe
there would be merit in making it clearer and more explicit in
the Civil Service Management Code that former civil servants must
seek the permission of the Head of their former Department, and
the Head of the Home Civil Service, before entering into a contractual
commitment with a publisher. The Code will also be amended to
make it clearer and more explicit that former civil servants must
submit in good time before any proposed publication, a copy of
the proposed text which they intend to publish and which draws,
or appears to draw, on official information or experience. Civil
servants will also be reminded of these obligations at regular
intervals to ensure that the rules are not forgotten. We will
also be including reminders of the rules on appointment and on
retirement/resignation.
CONFIDENTIALITY AGREEMENTS
5. The vast majority of civil servants observe
the rules on the disclosure of information and clearance of books
pre-publication. In future, staff in sensitive areas will be asked
to sign an undertaking that they have read and understood the
rules relating to the disclosure of official information and the
publication of memoirs and other publications and that they will
abide by the rules.
6. It would be for Permanent Secretaries
to decide which posts within their departments are "sensitive"
but this is likely to include for example private office staff,
special advisers, press officers, officials who regularly have
contact with Ministers. Departments will issue regular reminders
to staff highlighting the rules.
COPYRIGHT
7. We are also proposing that in the letter
of undertakings—described in paragraphs 5 and 6—individuals
will be asked to assign copyright to the Government of future
works (including newspaper serialisations) thereby targeting action
at those employees with most access to sensitive information.
8. This proposal would have the advantage
of depriving an individual of the profits of any work based on
official information and experience, and so removes one of the
incentives to publish. However, in implementing this proposal
we recognise that we need to strike a fair balance as a number
of former officials write accounts of their time in Government
which can help inform public understanding and debate, therefore,
action to assign copyright needs to be proportionate.
9. In summary, the following changes will
be made:
— The Civil Service Management Code
will be amended to make it clearer and more explicit that former
civil servants must seek the permission of the Head of their former
Department, and the Head of the Home Civil Service, before entering
into a contractual commitment with a publisher. The Code will
also be amended to make it clearer and more explicit that former
civil servants must submit in good time before any proposed publication,
a copy of the proposed text which they intend to publish and which
draws, or appears to draw, on official information or experience.
— Civil servants will also be reminded
of these obligations at regular intervals to ensure that the rules
are not forgotten. Letters of appointment and letters on retirement/resignation
will include reminders of the rules relating to confidentiality
and the need to submit proposed books which draw on official information
and experience prior to publication.
— Staff in "sensitive" posts
will be required to sign an undertaking that they have read and
understood the rules relating to the disclosure of official information
and the publication of memoirs and that they will abide by the
rules. Permanent Secretaries will decide on "sensitive"
posts within their departments.
— The letters of undertaking will also
include assignment of copyright.
— Departments will issue regular reminders
to staff on the rules relating to the disclosure of official information.
March 2006
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