1 Introduction
1. The genesis of the Cabinet Manual was when Rt
Hon Gordon Brown MP, then Prime Minister, announced the project
to create a Manual in February 2010, and in the same month, a
draft chapter of the Manual on Elections and Government Formation
was published. The Justice Committee were able to scrutinise this
chapter and make recommendations on its content.[1]
This chapter, now Chapter 2, was amended to take account of the
Justice Committee's recommendations and the events surrounding
the May 2010 general election and the formation of the coalition
Government.[2]
2. We regard the Cabinet Manual as a highly significant
document. As one of the first attempts to codify some of the practices
in British Governance and politics it can be no other. As such
its creation and publication are most welcome signs of openness
and transparency. Any deficiencies that have been identified in
the document are far outweighed by the benefit of publication
itself. The Cabinet Manual was published in draft by the Cabinet
Office on 14 December 2010. Sir Gus O'Donnell, the Cabinet Secretary,
in his foreword to the draft, states that:
The Cabinet Manual is intended to be a source of
information on the UK's law, conventions and rules, including
those of a constitutional nature, that affect the operation and
procedures of government.[3]
3. The publication of the draft Cabinet Manual (hereafter
'the draft') opened a twelve-week public consultation period.
Our intention in this inquiry is not to replace this period of
public consultation, and we do not in this Report make detailed
comments on the content of every part of the draft. Instead we
consider the status of the Manual and the implications it might
have for the United Kingdom's uncodified constitution.
4. The draft is modelled upon New Zealand's Cabinet
Manual,[4] which has been
in use since 1979, and was published in its current form in 1998.[5]
The New Zealand Cabinet Manual is updated periodically to reflect
changes in practice, most recently in 2008. The British version
is strikingly similar in structure to its New Zealand counterpart.
5. We have heard evidence from two panels of academic
experts, some of whom had been consulted in the drafting process,
as well as from the Cabinet Secretary.[6]
We also had the opportunity to speak to Professor Margaret Wilson,
former Speaker of the House of Representatives and former Government
Minister in New Zealand, about the New Zealand Cabinet Manual.[7]
6. On 7 March 2011, the House of Lords Constitution
Committee published a Report on the Cabinet Manual.[8]
They concluded in summary that
the Cabinet Manual is not the first step towards
a written constitution; it should be renamed the Cabinet Office
Manual and its greater relevance to officials than to politicians
emphasised; it should only seek to describe existing rules and
practices; it should not be endorsed by the Cabinet nor formally
approved by Parliament; and it must be entirely accurate and properly
sourced and referenced.
7. As will become apparent, we agree in some respects
with this Report from the Lords. Where our recommendations differ,
this is largely because our view on the status of the Manual is
more equivocal. However, we restate our strong belief that Parliament
is or should be Sovereign and that the Executive and all its works
including the Cabinet Manual should be accountable to Parliament
and especially to the directly elected House of Commons.
1 Justice Committee, Fifth Report of Session 2009-10,
Constitutional Processes following a General Election,
HC 396 Back
2
Political and Constitutional Reform Committee, Fourth Report of
Session 2010-11, Constitutional Processes following a General
Election, HC 528, Ev 76 Back
3
Cabinet Office, The Cabinet Manual - Draft, December 2010
(henceforth "Draft Cabinet Manual"), Foreword Back
4
Political and Constitutional Reform Committee, Fourth Report of
Session 2010-11, Constitutional Processes following a General
Election, HC 528, Q175 Back
5
Evidence taken before the Political and Constitutional Reform
Committee, Constitutional Lessons from New Zealand, HC
(2010-11) 747-i, Q1[Professor Margaret Wilson] Back
6
Q9 Back
7
Constitutional Lessons from New Zealand, HC747-i Back
8
House of Lords, The Cabinet Manual, Twelfth Report of
the Select Committee on the Constitution, Session 2010-11,
HL Paper 107 (henceforth HL Paper 107) Back
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