Constitutional Reform and Governance Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
1

A
Bill
[AS AMENDED IN THE COMMITTEE]
To
Make provision relating to the civil service of the State; to make provision in
relation to section 3 of the Act of Settlement and other provision in relation to
nationality restrictions connected with employment or the holding of office in
a civil capacity under the Crown; to make provision relating to the ratification
of treaties; to make provision for a referendum on the voting system for
parliamentary elections, and about referendums generally; to amend the
Parliamentary Standards Act 2009 and the European Parliament (Pay and
Pensions) Act 1979 and to make provision relating to pensions for members of
the House of Commons, Ministers and other office holders; to amend section 2
of the House of Lords Act 1999 and make provision relating to the removal,
suspension and resignation of members of the House of Lords; to make
provision for treating members of the House of Commons and members of the
House of Lords as resident, ordinarily resident and domiciled in the United
Kingdom for taxation purposes; to repeal sections 132 to 138 of the Serious
Organised Crime and Police Act 2005 and to amend Part 2 of the Public Order
Act 1986; to make provision relating to time limits for human rights claims
against devolved administrations; to make provision relating to judges and
similar office holders; to make provision relating to the Comptroller and
Auditor General and to establish a body corporate called the National Audit
Office; to amend Schedule 5 to the Government of Wales Act 2006 in relation
to the Auditor General for Wales; to amend the Government Resources and
Accounts Act 2000 and to make corresponding provision in relation to Wales.

Bill 68
54/5

Constitutional Reform and Governance Bill
Part 1 — The civil service etc
Chapter 1 — Statutory basis for management of the civil service
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The civil service etc
Chapter 1
Statutory basis for management of the civil service
Application
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1
Application of Chapter
(1)
Subject to subsections (2) and (3), this Chapter applies to the civil service of the
State.
(2)
This Chapter does not apply to the following parts of the civil service of the
State—
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(a)
the Secret Intelligence Service;
(b)
the Security Service;
(c)
the Government Communications Headquarters;
(d)
the Northern Ireland Civil Service;
(e)
the Northern Ireland Court Service.
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(3)
Further, this Chapter—
(a)
does not apply in relation to the making, outside the United Kingdom,
of selections of persons who are not members of the civil service of the
State for appointment to that service for the purpose only of duties to
be carried out wholly outside the United Kingdom;
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(b)
does not apply in relation to the appointment of a person to the civil
service of the State who was selected for the appointment as mentioned
in paragraph (a);
(c)
does not apply to the civil service of the State so far as it consists of
persons—
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(i)
who were appointed to the civil service of the State as
mentioned in paragraph (b), and
(ii)
all of whose duties are carried out wholly outside the United
Kingdom.
(4)
In this Chapter references to the civil service—
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(a)
are to the civil service of the State excluding the parts mentioned in
subsections (2) and (3)(c);
(b)
are to be read subject to subsection (3)(a) and (b);

and references to civil servants are to be read accordingly.

Constitutional Reform and Governance Bill
Part 1 — The civil service etc
Chapter 1 — Statutory basis for management of the civil service
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Civil Service Commission
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Establishment of the Civil Service Commission
(1)
There is to be a body corporate called the Civil Service Commission (“the
Commission”).
(2)
Schedule 1 (which is about the Commission) has effect.
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(3)
The Commission has the role in relation to selections for appointments to the
civil service set out in sections 11 to 14.
(4)
See also—
(a)
section 9 (which sets out the Commission’s role in dealing with conduct
that conflicts with civil service codes of conduct);
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(b)
section 17 (under which the Commission may be given additional
functions).
Power to manage the civil service
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Management of the civil service
(1)
The Minister for the Civil Service has the power to manage the civil service
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(excluding the diplomatic service).
(2)
The Secretary of State has the power to manage the diplomatic service.
(3)
The powers in subsections (1) and (2) include (among other things) power to
make appointments.
(4)
But they do not cover national security vetting (and, accordingly, subsections
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(1) and (2) do not affect any power relating to national security vetting).
(5)
The agreement of the Minister for the Civil Service is required for any exercise
of the power in subsection (2) in relation to—
(a)
remuneration of civil servants (including compensation payable on
leaving the civil service), or
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(b)
the conditions on which a civil servant may retire.
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Other statutory management powers
(1)
All statutory management powers in effect when section 3 comes into force
continue to have effect.
(2)
But those and all other statutory management powers are exercisable subject to
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section 3.
(3)
“Statutory management power” means a power in relation to the management
of any part of the civil service conferred by an Act (whenever passed) or an
instrument under an Act (whenever made).
(4)
“Act” includes—
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(a)
an Act of the Scottish Parliament;
(b)
an Act or Measure of the National Assembly for Wales;

but excludes this Part of this Act.

Constitutional Reform and Governance Bill
Part 1 — The civil service etc
Chapter 1 — Statutory basis for management of the civil service
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(5)
Subsection (2) does not apply to a statutory management power conferred by
the Superannuation Act 1965 (c. 74) or the Superannuation Act 1972 (c. 11) or
an instrument under any of those Acts.
Codes of conduct
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Civil service code
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(1)
The Minister for the Civil Service must publish a code of conduct for the civil
service (excluding the diplomatic service).
(2)
For this purpose, the Minister may publish separate codes of conduct covering
civil servants who serve the Scottish Executive or the Welsh Assembly
Government.
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(3)
Before publishing a code (or any revision of a code) under subsection (2), the
Minister must consult the First Minister for Scotland or the First Minister for
Wales (as the case may be).
(4)
In this Chapter “civil service code” means a code of conduct published under
this section as it is in force for the time being.
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(5)
The Minister for the Civil Service must lay any civil service code before
Parliament.
(6)
The First Minister for Scotland must lay before the Scottish Parliament any civil
service code under subsection (2) that covers civil servants who serve the
Scottish Executive.
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(7)
The First Minister for Wales must lay before the National Assembly for Wales
any civil service code under subsection (2) that covers civil servants who serve
the Welsh Assembly Government.
(8)
A civil service code forms part of the terms and conditions of service of any
civil servant covered by the code.
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Diplomatic service code
(1)
The Secretary of State must publish a code of conduct for the diplomatic
service.
(2)
In this Chapter “diplomatic service code” means the code of conduct published
under this section as it is in force for the time being.
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(3)
The Secretary of State must lay the diplomatic service code before Parliament.
(4)
The diplomatic service code forms part of the terms and conditions of service
of any civil servant covered by the code.
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Minimum requirements for civil service and diplomatic service codes
(1)
This section sets out the provision that must be included in a civil service code
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or the diplomatic service code in relation to the civil servants covered by the
code.
(The code may include other provision as well.)
(2)
The code must require civil servants who serve an administration mentioned
in subsection (3) to carry out their duties for the assistance of the
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Constitutional Reform and Governance Bill
Part 1 — The civil service etc
Chapter 1 — Statutory basis for management of the civil service
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administration as it is duly constituted for the time being, whatever its political
complexion.
(3)
The administrations are—
(a)
Her Majesty’s Government in the United Kingdom;
(b)
the Scottish Executive;
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(c)
the Welsh Assembly Government.
(4)
The code must require civil servants to carry out their duties—
(a)
with integrity and honesty, and
(b)
with objectivity and impartiality.
(5)
But the code need not require special advisers (see section 15) to carry out their
10
duties with objectivity or impartiality.
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Special advisers code
(1)
The Minister for the Civil Service must publish a code of conduct for special
advisers (see section 15).
(2)
For this purpose, the Minister may publish separate codes of conduct covering
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special advisers who serve the Scottish Executive or the Welsh Assembly
Government.
(3)
Before publishing a code (or any revision of a code) under subsection (2), the
Minister must consult the First Minister for Scotland or the First Minister for
Wales (as the case may be).
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(4)
In this Chapter “special advisers code” means a code of conduct published
under this section as it is in force for the time being.
(5)
The Minister for the Civil Service must lay any special advisers code before
Parliament.
(6)
The First Minister for Scotland must lay before the Scottish Parliament any
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special advisers code under subsection (2) that covers special advisers who
serve the Scottish Executive.
(7)
The First Minister for Wales must lay before the National Assembly for Wales
any special advisers code under subsection (2) that covers special advisers who
serve the Welsh Assembly Government.
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(8)
A special advisers code forms part of the terms and conditions of service of any
special adviser covered by the code.
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Conduct that conflicts with a code of conduct: complaints by civil servants
(1)
This section applies in relation to any civil service code and the diplomatic
service code; and “code” is to be read accordingly.
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(2)
Subsection (3) applies if a civil servant (“P”) covered by a code has reason to
believe—
(a)
that P is being, or has been, required to act in a way that conflicts with
the code, or
(b)
that another civil servant covered by the code is acting, or has acted, in
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a way that conflicts with the code.
(3)
P may complain to the Commission about the matter.

Constitutional Reform and Governance Bill
Part 1 — The civil service etc
Chapter 1 — Statutory basis for management of the civil service
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(4)
A code may include provision about the steps that must be taken by a civil
servant before making a complaint (and P must take the steps accordingly).
(5)
The Commission—
(a)
must determine procedures for the making of complaints and for the
investigation and consideration of complaints by the Commission;
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(b)
after considering a complaint, may make recommendations about how
the matter should be resolved.
(6)
For the purposes of the investigation or consideration of a complaint, the
following must provide the Commission with any information it reasonably
requires—
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(a)
civil service management authorities;
(b)
the complainant;
(c)
any civil servant whose conduct is covered by the complaint.
(7)
The revision of a code does not affect the application of this section in relation
to anything occurring before the revision.
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Appointment
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Selections for appointments to the civil service
(1)
This section applies to the selection of persons who are not civil servants for
appointment to the civil service.
(2)
A person’s selection must be on merit on the basis of fair and open competition.
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(3)
The following selections are excepted from this requirement—
(a)
a person’s selection for an appointment to the diplomatic service either
as head of mission or in connection with the person’s appointment (or
selection for appointment) as Governor of an overseas territory;
(b)
selection for an appointment as special adviser (see section 15);
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(c)
a selection excepted by the recruitment principles (see sections 11 and
12(1)(b)).
(4)
In determining for the purposes of subsection (1) whether or not a person is a
civil servant, ignore any appointment for which the person was selected in
reliance on subsection (3).
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(5)
But, in relation to persons selected in reliance on subsection (3)(c), the
recruitment principles may disapply subsection (4) in specified cases.
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Recruitment principles
(1)
The Commission must publish a set of principles to be applied for the purposes
of the requirement in section 10(2).
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(2)
Before publishing the set of principles (or any revision of it), the Commission
must consult the Minister for the Civil Service.
(3)
In this Chapter “recruitment principles” means the set of principles published
under this section as it is in force for the time being.
(4)
Civil service management authorities must comply with the recruitment
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principles.