Select Committee on Public Administration Tenth Report

Annex: Table comparing civil service provisions in draft bills since 2004

Clause no. (2008)	Title of Clause (2008)	Provision in draft Constitutional Renewal Bill (2008)	Provision in Government draft Civil Service Bill (2004)	Provision in PASC draft Civil Service Bill (2004)
25	Application of Part	Bill extends to "the civil service of the State" with listed exclusions.	Parts of the civil service listed in a schedule, with a power for minister to extend or limit by order.	Bill extends to "the civil service of the State" with listed exclusions, with a power for minister to extend or limit by order.
25 (2)		Government Communications Headquarters (GCHQ) excluded from scope of Bill.	GCHQ explicitly included in Bill.	GCHQ implicitly included in Bill.
27	Management of the civil service	Ministers' powers to manage the civil service not defined, but include among other things "appointment and dismissal" of civil servants.	Management powers listed: "nothing in this section confers power to recruit, appoint, discipline or dismiss civil servants".	Management powers listed and can be carried out by order, subject to negative resolution procedure.
27 (4)		National security vetting to continue to be exercised under prerogative powers.	No mention of national security vetting.	No mention of national security vetting.
30	Civil Service Code	Minister may publish separate codes of conduct for civil servants who serve the Scottish Executive or Welsh Assembly Government	Single code for all civil servants in England, Scotland and Wales.	Single code for all civil servants in England, Scotland and Wales.
30		No parliamentary resolution on Civil Service Code	No parliamentary resolution on Civil Service Code	Code subject to negative resolution procedure
31	Diplomatic service code	No parliamentary resolution on diplomatic service code	No parliamentary resolution on diplomatic service code	No provisions on diplomatic service code.
32	Minimum requirements for civil service and diplomatic service codes	Codes must require civil servants to carry out their duties: (a) with integrity and honesty; and (b) with objectivity and impartiality.	Codes must also require civil servants to carry out their duties efficiently, reasonably, without maladministration and according to law.	Codes must also require civil servants to carry out their duties efficiently, reasonably, without maladministration and according to law. Duty to deal with the affairs of the public sympathetically, efficiently and promptly.
32 (6)		Civil servants must be allowed to complain to the Civil Service Commission if they believe they are being required to breach the Civil Service or Diplomatic Service Code, or if they believe another civil servant has breached either Code.	Commission must also hear qualifying complaints about breaches of Special Advisers Code.	Civil servants must be allowed to complain to the Civil Service Commission if they believe they are being required to breach the Civil Service Code, or if they believe another civil servant has breached the Civil Service Code.
32 (7)		Code may include provision about steps that civil servants must take before making a complaint to the Commission.	Draft sets out steps that civil servants must take before making a complaint to the provision (i.e use of department's internal complaints procedures, except where complainant could not reasonably be expected to do so.)	Commission may determine own procedure, but Code must provide for a mechanism for civil servants to complain directly to Commission where they reasonably believe they will be penalised for complaining to their own department.
-	Powers of Civil Service Commission	No provision.	Commission has power to request any person to provide information or assistance in investigating a complaint.	Commission has power to request any person to provide information or assistance in investigating a complaint.
-	Requirement on ministers	No provision.	Code must require ministers not to impede civil servants in their compliance with the code.
33	Special advisers code	No parliamentary resolution on special advisers code	No parliamentary resolution on special advisers code	Code subject to negative resolution procedure
34	Selections for appointment to the civil service	Exemptions from selection on merit by open and fair competition include appointments to the diplomatic service as head of mission or Governor of an overseas territory.	Exemptions from selection on merit by open and fair competition include appointment as a High Commissioner.	No exemptions for any members of the diplomatic service.
35	Recruitment principles	Commission must publish "recruitment principles", following consultation with Minister for the Civil Service.	Commission may publish "recruitment code". No consultation requirement.	Commission may publish such codes as it sees fit. No consultation requirement.
36	Approvals for selections and exceptions	Commission may require certain appointments to be subject to the approval of the Commission. It may also participate in such appointments.	Commission may require certain appointments to be subject to the approval of the Commission. It may also participate in such appointments.	Commission shall take such steps as it sees fit to maintain principle of selection on merit, but in particular all appointments of over 12 months to the Senior Civil Service must be approved by the Commission.
38	Definition of "special adviser"	Special advisers appointed to "assist" a minister. No listed restrictions on what this might involve.	Special advisers restricted from: Authorising the expenditure of public funds Exercising any statutory power Exercising any management functions over civil servants Prime Minister allowed to exempt up to two special advisers from these restrictions.	Special advisers restricted from: Authorising the expenditure of public funds Exercising any statutory power Exercising any management functions over civil servants Prime Minister allowed to exempt up to two special advisers from these restrictions.
39	Annual reports about special advisers	Annual report must contain "information about the number and cost" of special advisers.	Annual report must name each special adviser; must give total number of special advisers, and by comparison present same figures for previous 5 years; and must present total costs of special adviser salaries, broken down to departmental level.	No requirement for annual report on special advisers.
-	Number of special advisers	No provision.	No provision.	Number of special advisers must not exceed a limit set by affirmative resolution of both Houses of Parliament. Limit of 12 special advisers working for Scottish Executive and 6 for Welsh Assembly Government.
40	Arrangements for Civil Service Commission to carry out additional functions.	Civil Service Commission may carry out additional functions with approval of Minister for the Civil Service.	No provision.	Commission may undertake such inquiries as it thinks fit into the recruitment of the civil service and the operation of codes of conduct.
43	Power to make consequential provision	Ministers may make consequential provision by order. Affirmative resolution of both Houses required if that provision amends or repeals an existing Act; otherwise negative resolution procedure followed.	Ministers may make consequential provision by order. Negative resolution procedure followed.	Ministers may make consequential provision by order. Affirmative resolution of both Houses required.
44	Extent, commencement, transitional provision and short title.	Ministers may commence parts of Act, or make transitional, transitory or saving provision, by order. No parliamentary procedure.	Ministers may commence parts of Act, or make transitional, transitory or saving provision, by order. Negative resolution procedure followed.	Commencement on named date. Ministers may make transitional, transitory or saving provision, by order. Affirmative resolution of both Houses required.
Schedule 4 Paragraph 2 (2)	Appointment of First Civil Service Commissioner	Appointed by Her Majesty on recommendation of Minister for the Civil Service.	Appointed by Her Majesty on recommendation of Minister for the Civil Service.	Appointed by Her Majesty on an address presented by the House of Commons.
Schedule 4 Paragraph 2 (3)		Before making a recommendation on appointment, Minister must consult First Ministers of Scotland and Wales and leaders of two largest Opposition parties.	As in 2008 draft bill.	Motion to appoint should be made by the Prime Minister acting with the agreement of the Leader of the Opposition.
Schedule 4 Paragraph 2 (4) and (6), and Paragraph 3 (4) and (7)		Commissioners hold office for five years, and cannot be appointed more than once.	Commissioners hold office for three years, with no limit on number of terms.	No fixed terms or limits on number of terms.
Schedule 4 Paragraph 2 (5) and 3 (5)		Terms on which Commissioners hold office determined by Minister for the Civil Service.	As in 2008 draft bill.	Terms on which Commissioners hold office determined by Minister for the Civil Service, subject to negative resolution procedure.
Schedule 4 Paragraph 3 (2)	Appointment of Civil Service Commissioners	Appointed by Her Majesty on recommendation of Minister for the Civil Service, with agreement of First Commissioner unless the Minister is satisfied that it is appropriate not to secure this.	Appointed by Her Majesty on recommendation of Minister for the Civil Service.	Appointed by Her Majesty on an address presented by the House of Commons. Motion to appoint should be made by the Prime Minister acting with the agreement of the Leader of the Opposition.
Schedule 4 Paragraph 6	Compensation for loss of office of First Commissioner	Minister may direct the Commission to pay compensation if a person ceases to hold office as First Commissioner.	Minister may direct the Commission to pay compensation if a person ceases to hold office as any Commissioner, not limited to First Commissioner.	Minister may direct the Commission to pay compensation if a person ceases to hold office as any Commissioner, not limited to First Commissioner.
Schedule 4 Paragraph 9	Committees	Commission may establish Committees and sub-committees, which may include persons who are not members of the Commission.	Commission may establish Committees and sub-committees, members of which must be Commissioners.	No explicit provision.
Schedule 4 Paragraph 11	Staff	No mention of a Chief Executive.	Commission must appoint a Chief Executive, with approval of Minister for the Civil Service.	Commission must appoint a Chief Executive, with approval of Minister for the Civil Service.
Schedule 4 Paragraph 13	Pensions	Employees of Commission covered by Superannuation Act 1972 - including First Commissioner	Employees of Commission covered by Superannuation Act 1972 - including any Commissioner	Commission shall provide for its staff and members to receive such pensions as it may determine.
Schedule 4 Paragraph 16	Financial provisions	Minister must pay the Commission sums determined by Minister as appropriate for exercise of its functions. Minister may impose conditions about how some or all of the money is to be used, subject to consultation with the Commission.	Minister must pay the Commission sums determined by Minister as appropriate for exercise of its functions. Minister may require the Commission not to incur costs or expenditure over a certain amount without his consent.	The expenses of the Commission shall be defrayed out of moneys provided by Parliament. Estimates shall be examined by the Public Accounts Commission.
-	Repeals and revocations	No provision.	Civil Service Order in Council 1995, Diplomatic Service Order in Council 1991 and various other provisions repealed or revoked.	No provision.
-	Nationality requirements	No provision.	No provision.	Clauses removing existing nationality requirements for servants of the Crown, and empowering ministers to make new requirements.

 

 

 

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Prepared 4 June 2008