4 Guiding the Civil Service through
a referendum
The Civil
Service Code
73. In our Report Truth to Power, we recognised
that a politically impartial civil service was "the most
effective way of supporting the democratically elected Government
and future administrations in the UK".[97]
The Civil Service Code, first published in 1996, sets out the
core Civil Service values of impartiality, integrity, honesty
and objectivity, and the standards of behaviour expected of civil
servants in upholding these values.[98]
The Code was recognised in statute by the Constitutional Reform
and Governance Act 2010. The Civil Service Commission told us
that "there is always scope for tensions between politicians
who want to argue their case forcibly and civil servants who must
uphold the Code's provisions on impartiality and objectivity"
but "the Code provides an important safeguard to civil servants
who may find themselves under pressure" or uncertain how
to behave.[99]
74. A Scottish Executive version of the Code was
first published in 2006. A revised separate Code of Conduct covering
civil servants who serve the Scottish Government was laid before
the UK Parliament and Scottish Parliament in November 2010. The
Scottish Code has only minor drafting differences to the version
for UK Government civil servants.[100]
Both versions are consistent in their description of civil servants'
obligations as regards impartiality.[101]
University of Edinburgh academic Richard Parry discussed the difference
between the two codes, explaining that the Scottish version was
rewritten "to make it clear the officials of the devolved
administrations are accountable to devolved ministers. No channel
of accountability to UK ministers is set out."[102]
The Code makes reference to the conduct of civil servants in respect
of political parties: "you must not act in a way that is
determined by party political considerations, or use official
resources for party political purposes."[103]
It contains no guidance in respect of referendums.
75. The Deputy First Minister described the Code
as "a robust framework within which everybody can be clear,
civil servants and also, importantly, ministers, about the approach
that should be taken in this respect".[104]
Revising the guidance
76. There is
now an opportunity to strengthen and clarify the Civil Service
Code based on the culture and practice of government since the
advent of devolution, as highlighted by the referendum, so that
future referendums do not give rise to the same uncertainty and
controversy.
77. The issues
and concerns raised in the course of this inquiry suggest the
need for explicit guidance for officials, to govern the conduct
of the Civil Service during referendum campaigns. Such guidance
would draw upon existing guidance on conduct during elections
and the guidance drawn up for officials in advance of the Scottish
independence referendum. The resulting guidance must be sufficiently
generic to serve all foreseeable future referendums.
78. We recommend that the Civil Service Code be
revised by including a simple new paragraph, so that the provisions
which apply in respect of parties in elections in the Code also
apply in respect of the "yes" and "no" campaigns
in referendums, and so that any future referendum does not give
rise to the same uncertainty and controversy.
97 Public Administration Select Committee, Eighth Report
of Session 2013-14, Truth to power: how Civil Service reform can succeed,
HC 74 [incorporating HC 664-i-x, Session 2012-13], September 2013 Back
98
House of Commons Library Standard Note SN/PC/3924, The Civil Service Code,
February 2006 Back
99
Civil Service Commission [SIR16] Back
100
Further details of the statutory nature of the Codes are available
in House of Commons Library Standard Note 6699, The Civil Service Code,
August 2013 Back
101
Civil Service Commission [SIR16] Back
102
Richard Parry [SIR7] Back
103
Cabinet Office, Civil Service Code, laid in Parliament on 11 November
2010 Back
104
Q 589 Back
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