House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Committee of the whole House Proceedings: 3 November 2009
464

Constitutional Reform and Governance Bill, continued

Clauses 16 and 17 Agreed to.

Secretary Jack Straw

Agreed to  40

Clause  18,  page  9,  line  38,  leave out ‘8(3)’ and insert ‘8(4)’.

Clause, as amended, Agreed to.

Clause 19 Agreed to.

David Howarth

Mr David Heath

Not selected  33

Schedule  2,  page  44,  line  26,  leave out from ‘servant,’ to end of line 29 and insert

‘any appointment for which the person was selected in reliance on an exception made by

the old commission (within the meaning of Part 3 of this Schedule) from a requirement

for selection for the appointment to be on merit on the basis of fair and open competition

shall be disregarded.’.

Schedule Agreed to.

Clause 20 Agreed to.

New Clauses Relating to Part 1

Crown employment: removal of existing nationality requirements

Mr Andrew Dismore

Added  NC9

To move the following Clause:—

‘(1)
Section 3 of the Act of Settlement (which, subject to exceptions, prevents persons

born outside the United Kingdom from holding certain offices) does not prevent

any person from being employed or holding office in a civil capacity under the

Crown.

(2)
In the Aliens Restriction (Amendment) Act 1919 (c. 92), omit section 6 (which,

subject to exceptions, prevents the appointment of aliens to posts in the Civil

Service).’.

Committee of the whole House Proceedings: 3 November 2009
465

Constitutional Reform and Governance Bill, continued

Crown employment: power to impose new nationality requirements

Mr Andrew Dismore

Added  NC10

To move the following Clause:—

‘(1)
Rules may be made imposing requirements as to nationality which must be

satisfied by a person employed or holding office in a civil capacity under the

Crown in a reserved post.

(2)
A post is a reserved post if—

(a)
it is a post in any of the security and intelligence services, or

(b)
it is within subsection (3) or (4), and a Minister of the Crown has

determined that it is necessary for requirements as to nationality to be

satisfied in relation to the post.

(3)
The posts within this subsection are—

(a)
posts in Her Majesty’s Diplomatic Service and posts in the Foreign and

Commonwealth Office, and

(b)
posts in the Defence Intelligence Staff.

(4)
The posts within this subsection are posts whose functions are concerned with—

(a)
access to intelligence information received directly or indirectly from

any of the security and intelligence services,

(b)
access to other information which, if disclosed without authority or

otherwise misused, might damage the interests of national security,

(c)
access to other information which, if disclosed without authority or

otherwise misused, might be prejudicial to the interests of the United

Kingdom or the safety of its citizens, or

(d)
border control or decisions about immigration.

(5)
A determination under subsection (2)(b) may relate to a particular post or posts,

or to posts falling within a description specified in the determination.

(6)
In this section “the security and intelligence services” means—

(a)
the Security Service,

(b)
the Secret Intelligence Service, and

(c)
the Government Communications Headquarters.

(7)
The rules may also—

(a)
impose requirements as to nationality which must be satisfied in the case

of persons connected with a person who must satisfy requirements

imposed under subsection (1), and

(b)
provide that any requirement imposed under paragraph (a) may be treated

as satisfied if a connected person has or had substantial ties with the

United Kingdom.

(8)
For the purposes of this section the following are connected with a person—

(a)
any parent or deceased parent of the person,

(b)
any spouse or civil partner of the person,

(c)
any person living together with the person as if they were spouses or civil

partners, or

(d)
any parent of a person within paragraph (b) or (c).

(9)
The rules are to be made by a Minister of the Crown.

(10)
The rules may include provision—

(a)
exempting persons of a description specified in the rules (and persons

connected with them) who were first employed, or first held office, in the

post in question before a specified date, and

Committee of the whole House Proceedings: 3 November 2009
466

Constitutional Reform and Governance Bill, continued

(b)
allowing the granting of exemptions by the appropriate person.

(11)
In subsection (10)(b) “the appropriate person” means—

(a)
in the case of posts in the Security Service, the Director-General of the

Security Service or a person nominated by the Director-General of the

Security Service,

(b)
in the case of posts in the Secret Intelligence Service, the Chief of the

Secret Intelligence Service or a person nominated by the Chief of the

Secret Intelligence Service,

(c)
in the case of posts in the Government Communications Headquarters,

the Director of the Government Communications Headquarters or a

person nominated by the Director of the Government Communications

Headquarters, and

(d)
otherwise, a Minister of the Crown.

(12)
The references in—

(a)
section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to

nationality etc. of persons employed in service of Crown), and

(b)
Article 71(5)(b) of the Race Relations (Northern Ireland) Order 1997

(S.I. 1997/869 (N.I. 6)) (corresponding provision for Northern Ireland),


to the implementation of rules include the grant of (or refusal to grant)

exemptions under subsection (10)(b).

(13)
The power of a Minister of the Crown to make rules under this section is

exercisable by statutory instrument.

(14)
A statutory instrument containing rules under this section is subject to annulment

in pursuance of a resolution of either House of Parliament.

(15)
Nothing in this section limits any power to impose a requirement which is not a

requirement as to nationality even if the ability of a person to satisfy the

requirement may be affected by the nationality of the person or any other

person.’.

Crown employment: repeals and revocations

Mr Andrew Dismore

Added  NC11

To move the following Clause:—

‘The Schedule [Crown employment: repeals and revocations] has effect.’.

Cap on number of special advisers

David Howarth

Mr David Heath

Not called  NC15

To move the following Clause:—

Committee of the whole House Proceedings: 3 November 2009
467

Constitutional Reform and Governance Bill, continued

‘(1)
The number of special advisers appointed by Her Majesty’s Government in the

United Kingdom shall be limited according to the procedure laid out in

subsections (3) to (6) of this section.

(2)
Until the procedure laid out in this section has been completed, no new special

advisers may be appointed.

(3)
A Minister of the Crown must lay before parliament an order setting a limit for

the total number of special advisers at any one time in the service of Her

Majesty’s Government in the United Kingdom.

(4)
The order may make for provision for different Ministers of the Crown to be

allowed to appoint different numbers of special advisers.

(5)
The order may make provision, within the limit referred to in subsection (3), for

there to be a limit to the number of special advisers who may be paid from public

funds at any one time.

(6)
An order under this section comes into force when resolutions approving it have

been passed by both Houses of Parliament.’.

Duty of Ministers to uphold code and respect impartiality of civil servants

David Howarth

Mr David Heath

Not called  NC16

To move the following Clause:—

‘(1)
Ministers of the Crown may not do, or omit to do, anything that might cause a

civil servant to act in a way incompatible with the Code.

(2)
Ministers must respect the impartiality of civil servants.’.

Promotions within the civil service

David Howarth

Mr David Heath

Not called  NC17

To move the following Clause:—

‘(1)
This section applies to the promotion of civil servants within the civil service.

(2)
A person’s promotion must be on merit on the basis of fair and open

competition.’.

Committee of the whole House Proceedings: 3 November 2009
468

Constitutional Reform and Governance Bill, continued

Civil Service annual report

Mr Francis Maude

Mr Dominic Grieve

Mrs Eleanor Laing

Negatived on division  NC33

To move the following Clause:—

‘(1)
The Minister for the Civil Service must publish and lay before Parliament an

annual report on the functioning of the civil service of the state.

(2)
The Minister for the Civil Service may publish separate reports covering civil

servants who serve the Scottish Executive or the Welsh Assembly. Before

publishing these separate reports the Minister must consult the First Minister for

Scotland or the First Minister for Wales (as the case may be).

(3)
Such a report must include but is not limited to—

(a)
details on the numbers of civil servants by each government department

and agency;

(b)
the costs of civil servants by each government department and agency;

(c)
a comprehensive definition of the civil service of the state for that year.

(4)
The First Minister for Scotland must lay before the Scottish Parliament any report

under subsection (2) that covers civil servants that serve the Scottish Executive.

(5)
The First Minister for Wales must lay before the National Assembly for Wales

any report under subsection (2) that covers civil servants that serve the Welsh

Assembly Government.’.

Power of the commission to investigate on its own initiative

Dr Tony Wright

Mr Gordon Prentice

Kelvin Hopkins

Mr Charles Walker

Paul Rowen

Mr Ian Liddell-Grainger

Not called  NC37

To move the following Clause:—

‘(1)
The Commission may investigate any matters that are relevant to the functioning

of the civil service code, the diplomatic code and the special advisers code if it

believes it appropriate to do so.

(2)
For the purposes of an investigation under (1), the civil service management

authorities and any civil servant whose conduct is believed by the Commission to

be relevant to the investigation must provide the Commission with any

information it reasonably requires.’.

Committee of the whole House Proceedings: 3 November 2009
469

Constitutional Reform and Governance Bill, continued

Promotion on merit

Dr Tony Wright

Mr Gordon Prentice

Kelvin Hopkins

Mr Charles Walker

Paul Rowen

Mr Ian Liddell-Grainger

Not called  NC38

To move the following Clause:—

‘(1)
This section applies to the promotion of civil servants within the civil service.

(2)
A person’s promotion must be on merit.

(3)
The Commission must publish a set of principles to be applied for the purposes

of the requirement in subsection (2).

(4)
Before publishing the set of principles (or any revision of it), the Commission

must consult the Minister for the Civil Service.

(5)
In this Chapter “promotion principles” means the set of principles published

under subsection (3) as it is in force for the time being.

(6)
Civil service management authorities must comply with the promotion principles.

(7)
The promotion principles may include provision—

(a)
identifying the 200 most senior posts within the civil service, and

(b)
requiring the Commission’s approval to be obtained for a promotion to a

post identified by the provision in paragraph (a).

(8)
The Commission may participate in the process for a promotion to a post for

which its approval is required by paragraph 7(b).

(9)
It is for the Commission to decide how it will participate under the provision in

subsection (8).

(10)
The Commission must carry out whatever reviews of promotion policies and

practices it thinks are necessary to establish—

(a)
that the principle of promotion on merit is being upheld in accordance

with the requirement in subsection (2), and

(b)
that the requirement in subsection (2) is not being undermined in any way

(apart from non-compliance).

(11)
For this purpose, civil service management authorities must provide the

Commission with any information it reasonably requires.’.

Independent scientific advisers

David Howarth

Mr David Heath

Not selected  NC42


To move the following Clause:—

‘(1)
This section applies in relation to persons who are appointed as independent

scientific advisers to the government.

(2)
“Independent scientific adviser” includes any member of any committee charged

with providing independent scientific advice to the Government.

Committee of the whole House Proceedings: 3 November 2009
470

Constitutional Reform and Governance Bill, continued

(3)
The recruitment principles published in accordance with section 11 shall apply to

the recruitment of any person as an independent scientific adviser.

(4)
Independent scientific advisers shall provide advice on the matter on which they

are advising on the basis of their expertise and on analysis based on scientific

principles.

(5)
The Minister for the Civil Service must publish and lay before parliament a code

of conduct for independent scientific advisers.

(6)
The code of conduct published under subsection (5) shall include provisions to

ensure that there will be no impediment imposed by ministers or civil servants on

the ability of any independent scientific adviser to—

(a)
engage in scientific discourse;

(b)
publish, in any way he may feel appropriate, material relating to his

academic discipline; and

(c)
comment freely on any matter relating to his academic expertise.’.

new schedule relating to part 1

Mr Andrew Dismore

Added  NS1

To move the following Schedule:—

‘Crown employment: repeals and revocations

Title and reference
Extent of repeal or revocation

Aliens Restriction (Amendment)
Section 6.

Act 1919 (c.92)

Aliens’ Employment Act 1955 (4
The whole Act.

& 5 Eliz. 2 c. 18)

European Communities
The whole Order.

(Employment in the Civil

Service) Order 1991 (S.I. 1991/

1221)

European Communities
The whole Order.’.

(Employment in the Civil

Service) Order 2007 (S.I. 2007/

617)

Progress reported.