Appendix 2: Cabinet Office guidance for
Departments on Extended Ministerial Offices |
Cabinet has agreed that Secretaries of State and
other Ministerial heads of departments may appoint an Extended
Ministerial Office (EMO).
The management and operation of the Civil Service
is governed by the Constitutional Reform and Governance Act 2010.
This places with the Prime Minister, as the Minister for the Civil
Service, the power to manage the Civil Service. The Prime Minister
delegates this power to Ministerial Heads of Department. The power
is then in practice delegated to Permanent Secretaries by way
of the Civil Service Management Code. In the case of an EMO, however,
Ministers can decide to retain direct and full responsibility
for appointments and management of staff in EMOs. They can of
course delegate appointment and management of civil servants to
the Principal Private Secretary (PPS) or another senior official
if they choose.
When establishing an EMO, Ministers will, in consultation
with their Permanent Secretary, agree the composition of the office,
the mix of staff and skills and the budget. EMO proposals will
require the approval of the Prime Minister as the Minister for
the Civil Service, before any commitments to appoint staff are
made. In a coalition government, the Prime Minister will make
decisions on whether or not to approve EMO proposals with the
Deputy Prime Minister.
An EMO could include civil servants fulfilling the
traditional private office role, special advisers and external
appointees. The office could include support for policy formation,
implementation, media, correspondence, relations with Parliament
and so on, as well as the traditional private office function.
As part of the approval process to establish an EMO, the PM and
DPM will require that a member of the EMO focuses on implementation
reporting also to the Head of the Implementation Unit.
The success of the office will be dependent on all
staff being fully integrated and working as one to deliver the
Minister's priorities, as well as working closely with the rest
of the department. Advice from officials in the Department must
go to the Minister unaltered, although as now staff in the Minister's
office will often comment on the advice.
EMOs are primarily designed to support Secretaries
of State and other Ministerial Heads of Departments. However,
to reflect coalition working EMO proposals should also include
specific proposals for strengthening the offices of junior Ministers
in departments headed by a Secretary of State of a different party.
Where no EMO is planned, relevant Junior Ministers can put forward
their own proposals which should be discussed with the relevant
Secretary of State and the Permanent Secretary before consulting
the Prime Minister and Deputy Prime Minister. Those appointed
into extended offices for junior Ministers will be subject to
the guidelines and processes set out below.
CIVIL SERVICE APPOINTEES
All civil service appointments (permanent or fixed
term) must be made in consultation with the Permanent Secretary.
Civil servants in the EMO will be directly appointed by and accountable
to the appointing Minister. The Civil Service Code, including
the political impartiality requirements and the Civil Service
Commission's recruitment principles will apply to all civil service
appointments. As now, no Civil Service member of a private office
or an EMO can be politically active.
External appointments can be made to EMOs and must
be in accordance with the Civil Service Commission's recruitment
principle which deals with appointments to EMO. The Permanent
Secretary must be involved in all such appointments. Before an
appointment is made, the Accounting Officer must be satisfied
that it meets the requirements of this exception. He or she must
also, as part of the annual compliance statement to the Commission,
confirm that the role and the individual are still needed and
the individual continues to operate in line with the Civil Service
Code requirements regarding impartiality and objectivity.
Where civil servants are brought in without fair
and open competition under the Civil Service Commission's EMO
exception, an appointment can be made for up to five years. Individuals
appointed on Civil Service terms without fair and open competition
at Director level and above will require the approval of the Civil
Service Commission, as will those who have worked for the Minister
or the Minister's political party within the past 5 years. Details
of the requirements under this exception can be found on the Civil
Service Commission's website.
When the appointing Minister leaves Government or
moves to another appointment it will be for the incoming Minister
to decide whether he or she wishes to have an EMO (which would
require the Prime Minister's approval). Where it is decided to
terminate the contract of a civil service appointee working in
the EMO the individual will return to their main department. Individuals
brought in for specific appointment to an EMO from outside the
civil service without fair and open competition under the Civil
Service Commission's EMO recruitment principle would normally
be expected to leave the civil service if they are no longer required
in the EMO.
The Minister may delegate to the PPS or another senior
official the responsibility for recruiting and managing Civil
Service staff within the EMO. Ministers must feed directly into
the appraisals of the PPS and other EMO staff, and the Permanent
Secretary will be expected to represent the Minister's views at
moderation. The Permanent Secretary should discuss any feedback
from moderation with the Minister before final decisions are taken.
IMPLEMENTATION UNIT REPRESENTATION
As part of the approval process to establish an EMO,
the PM and DPM will require that a member of the EMO focuses on
implementation, reporting also to the CO Implementation Unit,
in order to drive implementation of the Government's key policy
priorities, and to provide the Centre with clear and timely information
Implementation leads in the EMO may be Departmental
staff, appointed with the approval of the appointing Minister
and with the approval of the Implementation Unit DG. They will
have a dual reporting line to the PPS (or other civil service
head of the EMO); and to the Head of the Implementation Unit in
the Cabinet Office. The Head of the Implementation Unit will also
contribute to the performance management process for these members
Special Adviser appointments will continue to be
made in accordance with the Ministerial Code and the Special Advisers'
Code of Conduct and Model Contract. As now, Special Advisers will
not have line management responsibility for civil servants but
they should be fully integrated into the functioning of the office,
working closely with civil servants in the EMO to deliver the
Ministers may choose to appoint a senior Special
Adviser as Chief of Staff and may also allocate other Special
Advisers a title to clarify their roles. The Prime Minister's
approval must be sought for all Special Adviser appointments,
including the appointment of a Chief of Staff.
Where appointed, a Chief of Staff may have day to
day responsibility for the Special Adviser team within a Department,
setting the policy direction to implement the Minister's priorities.
Special Advisers will continue to report managerially
to the Prime Minister's Chief of Staff or the Deputy Prime Minister's
Chief of Staff.
As now, Special Adviser appointments end at the end
of an Administration or when the appointing Minister leaves the
Government or moves to another appointment.