Select Committee on Environmental Audit Minutes of Evidence


Examination of Witnesses (Questions 120 - 138)

TUESDAY 3 JULY 2007

PROFESSOR TOM BURKE CBE

  Q120  Dr Turner: Perhaps your comments on the previous Prime Minister's effectiveness on the international scene as opposed to governance in this country are a reflection of the fact that it is probably easier to move George Bush than it is to move the English Civil Service and its institutions. You have been reviewing environmental governance in Northern Ireland. Clearly, that is much smaller and more compact, but if you were to take the rather much more cohesive process that exists in Northern Ireland and impose it upon Westminster, what changes do you think you would make?

  Professor Burke: May I start with the premise that I think it is impossible to move George Bush, not least because Dick Cheney stands behind him and Dick Cheney is definitely immovable. Also, I think the British Civil Service, and I have experienced it in a number of different ways, is phenomenally responsive to the wishes of ministers, sometimes if anything a bit too responsive, and particularly in recent times it is has been rather less willing than it was in the past to bring ministers unwelcome advice, even in private. So I would not say that. In Northern Ireland, there is a danger in having too closed a community. What I found in Northern Ireland was to some extent rather the limitations of too small a scale of Civil Service whereby there were not, for instance, sufficient career opportunities for people to develop as it were functional specialisms while maintaining a progressive career through the Civil Service. That is quite important. You have heard previous evidence on the importance of training and skill development for people; I think that is true. I also think you need to have a broad enough base of opportunity for officials so that they can seek promotion but nevertheless not become totally generalist civil servants that only know broad theories and do not actually acquire specific expertise. That is a difficult balance to draw and you need to draw it in practice. I do not think there is a theoretical basis for it. On the whole, I found the Civil Service in Northern Ireland to be more introverted than I would like and I do not find that to be the case here. Some of that is structural, and I am not talking about the attitudes of civil servants. You have 1.7 million people in Northern Ireland. The opportunity that we have in Great Britain as a whole with a much larger pool to draw on is that you can draw on people from outside into the Civil Service. I think Nick Mabey made some suggestions to you about the importance of that. There is much more opportunity to do that here than there was in Northern Ireland.

  Q121  Dr Turner: We have heard a lot of evidence that suggests that you should not keep energy separate from the environment as the two are so closely related in function. It is slightly surprising that your review did not recommend that energy should become a responsibility of the Environment Department or that you should merge them together.

  Professor Burke: You really do have to separate the political level from the policy level. Quite often we blame political failure as policy failure and often it is unresolved political disputes. There is plenty of opportunity for political differences not to be resolved, and that does lead then to policy failures and policy excuses. I do not think it matters very much where individual functions sit. It matters that the political will to resolve disputes between parties exists. That is why I recommended a strong Cabinet Office secretariat; in other words, I think the underlying point in that suggestion that you have heard evidence on, that there needs to be terribly close co-ordination of climate change policy and energy policy, is absolutely correct but the right way to accomplish that is to have the kind of powerful Cabinet Office secretariat that can, at a policy level, resolve disputes or at least then create the options for political resolution and make sure that is a clear and transparent process inside government. I do not think we have that at the moment. You need to have the kind of Cabinet Office secretariat in the way that we have an EU Secretariat, because it is a cross-cutting issue, or we have a Defence and Overseas Secretariat because it is a cross-cutting issue, not one of the standard, issue-following Cabinet Office committees.

  Q122  Dr Turner: Does that not run the risk of creating yet another department and yet another opportunity for turf wars?

  Professor Burke: I do not think so. My experience from watching this in the formation of our original carbon dioxide climate change policy back when I was a special adviser under a Conservative government was that the Cabinet Office process was very good. I saw on three or four occasions how a large Cabinet Office process was a way of ensuring that the departments came together and made a coherent case. I have not seen very much of that of late. For instance, it would be quite sensible, if you did that, to take the current Office of Climate Change and have that as an analytical capacity for that secretariat. I am talking about a secretariat and not a department. Departments have multiple functions and they have an outward-facing function as well as, as it were, an inward-facing function across government. They have particular responsibilities to discharge. You do not eliminate those different responsibilities by lumping the departments together. Often what you do is then conceal inside the veil, as it were, of the policy making process and the political process the divisions rather than reveal them transparently. I have a big disposition for saying that these are real conflicts; they are genuinely difficult issues and they are much better resolved in a transparent when everybody can see what the conflict is and that allows other voices to join the debate than when you lock it up inside a single super-department and nobody actually sees anything other than the final resolution, which I think undermines a lot of confidence in the outcome.

  Q123  Dr Turner: Do you think that there is any sort of backwardness or friction induced in departmental cultures and baggage?

  Professor Burke: I watched the creation of Defra and the whole way in which the interaction between the MAFF culture and the former DoE culture led to something that remains pretty confused. On the whole, it is important to build up a departmental culture that has a clear mission focus. Part of the difficulty of lumping things together is that you tend to lose that mission focus. One of the best things you can do if you want to develop the right kind of culture is to stop changing the deckchairs all the time. Cultures take time to develop, as views take time to develop. You do not achieve that kind of thing quickly. The kinds of change processes that Nick Mabey was recommending and the idea that you really do need a lot more personal development and training for civil servants is right, but you need to do that inside a relatively stable context, or else everybody is thinking about the next set of changes that they have to cope with that are short-term and tactical. I would much rather see departments left where they are, the creation of a powerful secretariat that required the bringing together of all the voices inside government, but clear presentation of options to ministers. At the end of the day, on an issue like climate change, what matters is what the Prime Minister wants because it is a cross-cutting and cross-sectoral issue. Unless the political will is there for the Prime Minister to do the heavy lifting, on the difficult choices, they will not be made.

  Q124  David Howarth: Tom, we have heard the message about the balance between trying to divide up departments in different ways and central policy resolution. That was very clear. What is your view on the comparison of different ways of trying to centralise? We have had the PSAs. What is your view of how that worked or did not work and if it did not work, why did it not work?

  Professor Burke: I have not had a lot of direct experience with the actual PSA process. Like all of those management tools, an enormous amount depends on how you use them, not just on what they are. I cannot really comment on the PSA process directly because I have not had much experience of it. The real danger always is that you create tick-box exercises much as you do when you ask for impact assessments or action plans in a generalised way. I am rather sceptical about using management tools to substitute for leadership choice, but that is not to say that properly used they cannot play an extremely useful and helpful role. They need to be few in number. It would be quite interesting to have a reverse PSA; in other words, it would be quite interesting for other departments to be in a position where they could ask the Treasury to come up with a public service agreement. For instance, why has the Treasury not set itself a target for reducing the carbon intensity of public expenditure? Take out transfer payments because in a sense they are neutral, but leave in all the substantive investments we make: why is not the Treasury going to set a target to reduce the carbon intensity of the money it spends according to rules it generates?

  Q125  David Howarth: You have asked for a more dynamic process because we have a static process.

  Professor Burke: There are two things: one, more dynamic; and, two, do not imagine that institutional change and management techniques can substitute for political choice and political will.

  Q126  David Howarth: What do you think of this idea that a lot of us are interested in coming out of Finland? There are some things about Finland neither of us like much. The idea in Finland is that the government divides up into priority areas and a senior cabinet minister with a senior civil servant is given responsibility for a governmental political priority with the power to bring resources and departments together to drive that priority on? That is seen as a more senior political job than the job of what might be called maintenance, of keeping the departments ticking over. Do you think that might work, the building of it into the structure?

  Professor Burke: I do not know much about the Finnish process. I have read a couple of articles on it. I do not really know how it works in practice and I do not know the Finnish political policy culture, so I am not sure how translatable it is. The idea is exactly what I have in mind. We did not arrive at the idea of having these powerful central Cabinet Office secretariats because we were particularly clever. We did it because we had lots of brutal experience that required us to develop that mechanism as a result of policy failure, much as we eventually got to a General Staff because it turned out we were not very good at running wars. There is a tried and tested model which fits our culture very well, which achieves much of those objectives in which you would have a director general in the Cabinet Office with prime responsibility who is the Prime Minister's principal adviser. You do have that leading politician at least on climate change. I am not sure how many issues you would want to apply this model to but certainly for climate change, because of the scale and urgency of the problem, you would have that official as the Prime Minister's principal adviser. There is a clear mechanism for banging heads together at a policy level in the Cabinet Office process and at the political level in whatever cabinet committee or cabinet structure is used. All of that is visible and transparent and rather easy to understand. I have been doing this for a long time but I am getting lost in the fog of consultations and institutional mechanisms. I am getting a bit lost as to where accountability lies and where the clarity of focus lies. It is really important to retain mission focus, which is partly why I am reluctant on this idea, whether it is in the departmental way or whether it is Dieter Helm's idea, of bringing all the various extra-governmental bodies together into a single agency; you will lose mission focus. There are reasons why you have different bits because there are different missions. As long as you have a mechanism for transparently reconciling those conflicts rather than burying them, I do not think that is a bad thing. I think you want a more informed public debate not a less informed public debate.

  Q127  Chairman: You make an intriguing suggesting about the Treasury having a specific target for cutting the carbon footprint of its own expenditure programmes. Given what you also said, and on which I entirely agree with you, about the crucial role of the Prime Minister in driving the priorities right across government, it could be argued that we have a uniquely favourable opportunity now to achieve a change in Treasury thinking, given that the longest ever serving Chancellor in modern times is now Prime Minister.

  Professor Burke: I think there is a very big opportunity. From the evidence we have seen so far, we have a Prime Minister now who has some interest in the mechanisms of governance and therefore in the ability to turn political intent into real outcomes. There are more problems in the Treasury than just machinery; there are also methodological issues. The Treasury is tremendously hide-bound on a particular theoretical conception of the problem which does not suit climate change. It may suit all kinds of other problems. It is very difficult, for instance, to think of climate change as just another welfare problem: here is a public good which we have to trade off against other public goods. If we have policy failure on climate change, we will not be able to have the other public goods. That is the reality. I think there needs to be quite a lot of methodological innovation in the Treasury because the methodology that simply says, "Let us do a cost-benefit analysis and reduce all these complex issues to numerical assessments of welfare and then see which gives us most of it" is probably a bit too primitive to address the real world complexities of this problem.

  Q128  Joan Walley: You have just said that there is a huge fog and it is very difficult even for you to know who is responsible for what, where there is transparency and how policy is actually made. Where do we go from here? What should the role of the Civil Service be in all of this? If we are on the brink of a new way constitutionally of decision-making that could put environmental concerns and climate change at the heart of how government takes existing policies further forward, what should the role of the Civil Service be in all of that and how constrained are they? Given the blur in which we are operating, how do we take it forward?

  Professor Burke: Let me separate climate change from the rest of the environmental agenda because they have different requirements. Climate change is a threat to the prosperity, security and wellbeing of 60 million Britons. It is not an immediate threat in the sense that the effects are immediate. It will not be that the Britons in this room will feel the consequences of a policy failure, but the nature of the dynamic of climate change is such that decisions that are taken by people in this room and people currently serving will determine the prosperity, security and wellbeing of those 60 odd million Britons in the sense that the effects of climate change express themselves about 40 years after the emission. That gives you a very difficult dynamic. I think that can only be dealt with at the very top of government. In a sense, I think the responsibility for climate change is a prime ministerial responsibility and nobody else's at the end of the day. That is not true of the other environmental issues which is why I wanted to make that distinction. Only the Prime Minister can deal with a threat on this scale and of this nature. Frankly, the civil servants will do within the limitations of their skills and training what ministers want them to do if ministers give a clear lead. Let us be really clear: ministers do not often give a clear lead. Ministers are quite often more interested in the headlines than they are in the outcomes. I do not have a fundamental feeling, at least from my experience, that the civil servants are the core part of the problem. We do become confused by current management speak that is badly imported into the public service that civil servants do delivery. They do not. Let me be more clear about that. The public servants who work in the health service or in the big spending agencies do delivery, but the policy making civil servants do not do delivery. What they deliver is policy. What they really do is build the governing coalitions amongst the various sectors—business or police or whatever—that have to do the delivery. So the civil servants are the mechanism by which governments translate their policy intent into the governing coalitions inside the various professions that actually do the delivery. On the whole, civil servants, if given clear guidance and in the case of complex issues like climate change rather more training than they are currently getting, do a reasonably good job of doing that, provided they are getting a good steer from politicians. I do not share the fear that somehow the civil servants are a big barrier. Always you can run into individual civil servants who get a lock on a particular set of knowledge and can become an obstacle to making progress but, as a whole, the culture is enormously responsive to the priorities set by ministers.

  Q129  Joan Walley: There has been a failure by civil servants in the past to operate in a holistic way, has there not? They have not understood the agenda, have they?

  Professor Burke: Departments reflect the aspirations and ambitions of their ministers. Yes, if a minister wants to fight a turf war, his officials will go out at policy level and fight that turf war for him. That is why I say for climate change you really do need a Cabinet Office process that forces at a policy level the banging together of heads on an evidential basis. Even that cannot substitute for the fact that, at the end of the day, ministers have to make choices and, frankly, ministers are not always willing to make choices, particularly strategic choices where the benefits fall somewhat in the future and the costs quite often fall right away. It is understandable that they do that but there is not much point blaming the Civil Service for that failure.

  Q130  Joan Walley: Is there not a step before the stage at which ministers come to take decisions? Does that not depend upon the quality of the strategic planning that civil servants are giving to ministers to enable them to put their policies into effect?

  Professor Burke: The Civil Service does the planning and the analysis and the preparation on the basis of where ministers say they want the plane of policy to land. In a sense, the democratic process puts the ministers in charge. It is their job to lead. To use an analogy, it is the job of the minister to say where he wants the plane of policy to land and why and to persuade, first of all, his colleagues, which is often quite difficult, and, secondly, the public that that is the right place to land. It is the job of a permanent secretary, if you like, to fly the plane and make sure that it arrives at that landing place with all of its wings and engines, passengers and cargo on board, or to tell the minister clearly an unequivocally that if he wants to land there, he cannot do it with the current plane. That is the theory as to how it should work.

  Q131  Joan Walley: But has not part of the problem in the past been that civil servants have been reluctant really to understand the serious time threat of climate change?

  Professor Burke: Again, I am much more inclined to blame the politicians than the civil servants. Could you find examples of civil servants in that mode? Yes, of course you could. Civil servants are human beings like all of us and they have different views on things. On the whole with very few exceptions, are they responsive to a clear lead from ministers? Yes, in all my experience, both inside and outside government, that is the case. It is very difficult for civil servants, for instance working in the Department of Energy in the last two years, to come and tell ministers that they do not think there is a good case for nuclear power if the Prime Minister has said he wants nuclear power. It is really hard for them to do that. There is not much point giving advice to people who have already told you that they have made their mind up on the outcome. There are real tensions in that relationship. Sometimes, but more rarely, I think the civil servants are to blame for that; more often than not, ministers are unwilling to take difficult choices.

  Q132  Mr Caton: This morning you have already mentioned Dieter Helm's suggestion that we turn to independent regulators to try to reduce political pressure and particularly the one that you mentioned, a single environment agency to look at energy security and climate change. Do you see no benefits in that approach?

  Professor Burke: As I understood the proposal, and I have not examined it in great detail, that Dieter was making, you would lump the Energy Savings Trust, the Carbon Trust and Ofgem into one body, so that you would have spending bodies and regulatory bodies. I could not see the logic in that. Promotional bodies have a job to do, which is to promote. A regulatory body has a very different job to do. I do think the terms on which you write the regulations are very important, and Dieter was right to point out that there is an enormous confusion. I often feel that on climate change the economists are much more interested in finding out how to make the market work perfectly than they are actually in solving the problem and that when it comes to a conflict between making a market work properly and solving a problem, they would rather make the market work properly. If you take, for instance, the issue of carbon sequestration and storage, we cannot solve this problem without the rapid deployment of carbon sequestration and storage. If your electricity market regulator allows for the passing through of the additional costs, and there will be initially in particular some considerable additional costs in doing that, to the whole of the rate base, it becomes a manageable cost to achieve. If you do not allow that to be passed through the rate base, then you have a really difficult problem inducing the utilities to make that necessary investment. The idea that you can do that with a carbon price which you are trying to drive up at the same time as you have an energy regulator trying to drive the price of electricity down seems to me to be completely incoherent as an option. The regulator's role is extremely important in this but I do not think you solve that problem by giving whoever is then running that entity promotional roles as well; you would just lose mission focus.

  Q133  Mr Caton: You are certainly right to identify what Dieter Helm said, and he talked about a myriad of different organisations functioning in the same policy area or areas. One of the advantages that he perceived is rationalisation. Do you think that there is not an issue there, that there are not perhaps too many bodies trying to work in the same area?

  Professor Burke: There may be but it is not a universal panacea and you would want to do it on a case-by-case basis rather than as a general theory. I think there are some considerable arguments for creating more one-stop shop approaches, but that is about how you make the different bodies work together effectively. I have some experience with that issue in English Nature. The same argument came up about the difficulty of land owners dealing with the Environment Agency, Defra itself and English Nature, and there was a perfectly good managerial solution to that, which created teams, as it were, that were united and had a common focus and had worked out rules for how they would work together. That is a management issue; it is not an institutional issue. I think we sometimes look for headline-grabbing institutional solutions to what are rather boring, painstaking, managerial problems. The problem of creating the one-stop shop access for people to information or to funds is a real one but it is not easily solved by just lumping all the institutions together.

  Q134  Dr Turner: The Government has proposed a committee on climate change; it will report annually to Parliament on the carbon budgets. Given the information you have at the moment, do you feel that in the way the committee is proposed to be constructed and the appointment of its members that will mean it will be insulated from political and other pressures? Do you think it will be truly independent?

  Professor Burke: That answer is that I do not know. It very much depends on what the practice is of doing it. It will also need to be seen against the background of the creation of the independent planning commission, which is also proposed, in the sense that if you are creating these, as it were, extra-governmental bodies with big headline responsibility, one would be seen against the other and so it is important that they command public confidence. They will only do that if they are representative in their composition, if their functions are very clear—and I do not think that is the case yet with the climate change committee but, on the other hand, we are only in the pre-scrutiny phase so there is time to get that right—and if the chair commands broad respect from the all the constituencies. So the choice of chair is extremely important in doing this. If you pick the wrong chairman for it, a chairman who does not command across the board authority in the key external constituencies, then I think you cripple the idea right from the start. It is going to be a difficult task to find somebody who is sufficiently independent in the minds of all those people, not necessarily just in the mind of the selecting person. That is what is going to matter. Can that be done? Yes, in my own direct experience of looking, for instance, at the way in which John Harman has been able to chair quite independently the Environment Agency, that is a good example of how that can be done. There are examples going the other way. There is no general rule here; it is a question of whether you do it in the right way. As I said earlier, I think it needs clearly to be an advisory body, not an executive body. It is hard to imagine that you can pass on political responsibility for an issue this complex and this immature.

  Q135  Dr Turner: Do you think it will have adequate skills and an adequate research base?

  Professor Burke: I make the same point as I made about this committee: if you give it the resources, yes, it could do. That would be an important part of doing this, but why would you do that at a time when you have not built up the necessary concentration of capability in central government? You would then be creating a deeply unbalanced structure.

  Q136  Dr Turner: You say that you would not want the committee to have any executive power, but, on the other hand, would you expect the committee to make specific policy recommendations?

  Professor Burke: Yes, that is advice. One thing you do learn as a special adviser, and it is a famous quote from another rather more senior special adviser, is that adviors advise and ministers decide. That is the clear term of reference. At the end of the day, ministers must decide. Ministers that have an advisory body that makes recommendations to them that they consistently ignore ought to expect, and certainly should find, that they no longer have an advisory body. Again, that is up to the way in which the committee itself plays it cards. That is why I say it is very hard to find a general rule. It is a relationship; both sides of the relationship have to play their part. One should not start with an assumption of mistrust and bad faith.

  Q137  Dr Turner: You would not want it to get mixed up with regulation, except perhaps in giving advice?

  Professor Burke: No. It is extremely difficult. All executive action requires complex coalition-building and compromise to achieve outcomes that bring everybody with you. Advice needs to be clear and unambiguous and it is very difficult to combine those two cultures in the same entity.

  Q138  Chairman: Moving to energy for a moment, you have called for changes in energy investment. Do you think that the Energy White Paper is going to facilitate those sorts of changes?

  Professor Burke: No, and both for process and substance reasons, I do not think many people, other than government spokesmen, saw much difference in the energy circumstances between the 2003 review and the 2005 review. Nothing very much was changed in substance. Then the whole way in which that was turned into a White Paper, which was not a White Paper but became a review that then became a Green Paper/White Paper and then had a consultation separate from it on a key issue undermined investor confidence quite considerably and the Government's clarity of intent here. In process terms, it led to a chilling of investment and a chilling of people being unsure where government was going to go. When it comes to making these very large, long-term investments, the investors are probably more concerned about the political will of a government over the long term than they are about the price of carbon, for instance, as an influence on that decision. Secondly, in substance terms, and I think I said so in my note to you, the Energy White Paper is lethargic, and that is the best description, on carbon sequestration and storage. I have given you the numbers in my note. If we do not get others to adopt carbon-neutral coal technologies, we cannot protect the wellbeing, security and prosperity of 60 million Britons. If we are going to try to get others to do something that we are not doing, we are on a fool's errand. If we want people to do what we need them to do, we must do it ourselves first, and we are not doing that. The idea that in November there will be the announcement of a competition that will at some date in the future maybe lead to somebody building a demonstration process in Britain is, frankly, farcical. That is no way to proceed with an issue that you think is the greatest threat to mankind, as the previous Prime Minister said. Imagine if we approached the threat of terrorism, which is certainly a very big threat and will interfere with the lives of many Britons but not all 60 million of us, with that same sort of desultory approach. The government would rightly and roundly be condemned.

  Chairman: That is very helpful. Thank you for coming today.





 
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