Constitutional Reform and Governance Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
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Her Majesty’s Government in the United Kingdom

The requirements are—
(a)
P is appointed to assist a Minister of the Crown after being selected for
the appointment by that Minister personally;
(b)
the appointment is approved by the Prime Minister;
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(c)
the terms and conditions of the appointment (apart from those by
virtue of section 8(7)) are approved by the Minister for the Civil Service;
(d)
those terms and conditions provide for the appointment to end not later
than—
(i)
when the person who selected P ceases to hold the ministerial
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office in relation to which P was appointed to assist that person,
or
(ii)
if earlier, the end of the day after the day of the poll at the first
parliamentary general election following the appointment.
Scottish Executive
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The requirements are—
(a)
P is appointed to assist the Scottish Ministers (or one or more of the
ministers mentioned in section 44(1)(a) and (b) of the Scotland Act 1998
(c. 46)) after being selected for the appointment by the First Minister for
Scotland personally;
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(b)
the terms and conditions of the appointment (apart from those by
virtue of section 8(7)) are approved by the Minister for the Civil Service;
(c)
those terms and conditions provide for the appointment to end not later
than when the person who selected P ceases to hold office as First
Minister.
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The reference above to the Scottish Ministers excludes the Lord Advocate and
the Solicitor General for Scotland.
Welsh Assembly Government

The requirements are—
(a)
P is appointed to assist the Welsh Ministers (or one or more of the
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ministers mentioned in section 45(1)(a) and (b) of the Government of
Wales Act 2006 (c. 32)) after being selected for the appointment by the
First Minister for Wales personally;
(b)
the terms and conditions of the appointment (apart from those by
virtue of section 8(7)) are approved by the Minister for the Civil Service;
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(c)
those terms and conditions provide for the appointment to end not later
than when the person who selected P ceases to hold office as First
Minister.
(2)
In subsection (1), in relation to an appointment for which the selection is made
personally by a person designated under section 45(4) of the Scotland Act 1998
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or section 46(5) of the Government of Wales Act 2006, the reference to the
person who selected P ceasing to hold office as First Minister for Scotland or
Wales (as the case may be) is to be read as a reference to the designated person
ceasing to be able to exercise the functions of the First Minister by virtue of the
designation.
45
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Annual reports about special advisers
(1)
The Minister for the Civil Service must—

Constitutional Reform and Governance Bill
Part 1 — The civil service
Chapter 1 — Statutory basis for management of the civil service
9

(a)
prepare an annual report about special advisers serving Her Majesty’s
Government in the United Kingdom, and
(b)
lay the report before Parliament.
(2)
The First Minister for Scotland must—
(a)
prepare an annual report about special advisers serving the Scottish
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Executive, and
(b)
lay the report before the Scottish Parliament.
(3)
The First Minister for Wales must—
(a)
prepare an annual report about special advisers serving the Welsh
Assembly Government, and
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(b)
lay the report before the National Assembly for Wales.
(4)
A report under this section must contain information about the number and
cost of the special advisers.
Additional functions of the Commission
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Agreements for the Commission to carry out additional functions
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(1)
The Minister for the Civil Service and the Commission may agree that the
Commission is to carry out functions in relation to the civil service in addition
to those given to it under the other provisions of this Chapter.
(2)
The Commission is to carry out those additional functions accordingly.
(3)
For the purposes of any additional function, civil service management
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authorities must provide the Commission with any information it reasonably
requires.
Final provisions
18
Definitions etc
(1)
In this Chapter—
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“civil servant” is read as stated in section 1(4);
“civil service” is read as stated in section 1(4);
“civil service code” is defined in section 5(4);
“civil service management authority” means any person involved in the
management of any part of the civil service;
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“the Commission” is defined in section 2(1);
“diplomatic service” means Her Majesty’s diplomatic service;
“diplomatic service code” is defined in section 6(2);
“function” includes power or duty;
“information” means information recorded in any form;
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“recruitment principles” is defined in section 11(3);
“special adviser” is defined in section 15;
“special advisers code” is defined in section 8(3).
(2)
Subsection (3) applies for the purposes of sections 9(6), 13(4), 14(2) and 17(3).

Constitutional Reform and Governance Bill
Part 2 — Ratification of treaties
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(3)
No person may be required to provide information which the person could not
be compelled to provide in civil proceedings before the High Court or the
Court of Session.
Chapter 2
Consequential and transitional provision
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Consequential amendments and transitional provision
Schedule 2 (which contains amendments consequential on this Part and
transitional provision) has effect.
Chapter 3
Northern Ireland
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20
The Civil Service Commissioners for Northern Ireland
(1)
The Northern Ireland Act 1998 (c. 47) is amended as follows.
(2)
In paragraph 21 of Schedule 2 (excepted matters) after “1973” insert “(other
than section 36(1)(c))”.
(3)
In paragraph 16 of Schedule 3 (reserved matters) after “Ireland” insert “and any
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matter with which section 36(1)(c) of the Northern Ireland Constitution Act
1973 solely or mainly deals”.
(4)
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act
1975 (c. 25), at the appropriate place, insert “Civil Service Commissioner for
Northern Ireland”.
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Part 2
Ratification of treaties
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Treaties to be laid before Parliament before ratification
(1)
Subject to what follows, a treaty is not to be ratified unless—
(a)
a Minister of the Crown has laid before Parliament a copy of the treaty,
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(b)
the treaty has been published in a way that a Minister of the Crown
thinks appropriate, and
(c)
period A has expired without either House having resolved, within
period A, that the treaty should not be ratified.
(2)
Period A is the period of 21 sitting days beginning with the first sitting day
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after the date on which the requirement in subsection (1)(a) is met.
(3)
Subsections (4) to (6) apply if the House of Commons resolved as mentioned in
subsection (1)(c) (whether or not the House of Lords also did so).
(4)
The treaty may be ratified if—
(a)
a Minister of the Crown has laid before Parliament a statement
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indicating that the Minister is of the opinion that the treaty should
nevertheless be ratified and explaining why, and

Constitutional Reform and Governance Bill
Part 2 — Ratification of treaties
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(b)
period B has expired without the House of Commons having resolved,
within period B, that the treaty should not be ratified.
(5)
Period B is the period of 21 sitting days beginning with the first sitting day after
the date on which the requirement in subsection (4)(a) is met.
(6)
A statement may be laid under subsection (4)(a) in relation to the treaty on
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more than one occasion.
(7)
Subsection (8) applies if—
(a)
the House of Lords resolved as mentioned in subsection (1)(c), but
(b)
the House of Commons did not.
(8)
The treaty may be ratified if a Minister of the Crown has laid before Parliament
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a statement indicating that the Minister is of the opinion that the treaty should
nevertheless be ratified and explaining why.
(9)
“Sitting day” means a day on which both Houses of Parliament sit.
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Extension of 21 sitting day period
(1)
A Minister of the Crown may, in relation to a treaty, extend the period
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mentioned in section 21(1)(c) by 21 sitting days or less.
(2)
The Minister does that by laying before Parliament a statement—
(a)
indicating that the period is to be extended, and
(b)
setting out the length of the extension.
(3)
The statement must be laid before the period would have expired without the
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extension.
(4)
The Minister must publish the statement in a way the Minister thinks
appropriate.
(5)
The period may be extended more than once.
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Section 21 not to apply in exceptional cases
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(1)
Section 21 does not apply to a treaty if a Minister of the Crown is of the opinion
that, exceptionally, the treaty should be ratified without the requirements of
that section having been met.
(2)
But a treaty may not be ratified by virtue of subsection (1) after either House
has resolved, as mentioned in section 21(1)(c), that the treaty should not be
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ratified.
(3)
If a Minister determines that a treaty is to be ratified by virtue of subsection (1),
the Minister must, either before or as soon as practicable after the treaty is
ratified—
(a)
lay before Parliament a copy of the treaty,
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(b)
arrange for the treaty to be published in a way that the Minister thinks
appropriate, and
(c)
lay before Parliament a statement indicating that the Minister is of the
opinion mentioned in subsection (1) and explaining why.