- Constitution Committee Contents


Memorandum by Dr June Burnham, formerly Senior Lecturer, Middlesex University

  1.  I apologise for providing this response at the very last minute. Despite having what I think is relevant expertise,[17] I initially decided I could not respond, because I see the issues in different terms from those posed in the Call for Evidence. However, I would like to help the Committee as far as I can and am submitting my observations in case they are of some use.

2.  As I understand it from the Call for Evidence, the Committee's concerns stem from the many recent changes to the "architecture" of "the centre of government", in a context of "governance" that has made the task of central units "more challenging". Yet it is a positive feature of the central offices that they are flexible enough to provide homes for new public domains (eg education, statistics, science), or short-term projects (eg devolution 1973-78, 1997-99). Their strong reliance on temporary postings enables them to expand to meet challenges (two World Wars, the preparation of post-war reforms) without creating a permanent bureaucracy.

  3.  The suggestion that the Cabinet Office needs to add capacity to cope with governance is, I think, a red herring. First, a diversified governance seems to be the norm in Britain—the periods of directly-managed government being exceptional.[18] Second, there is a contradiction between political decisions to delegate and decentralise, and the assumption that the Cabinet Office must therefore work harder to control and coordinate. It would be more appropriate for the centre to let go and reduce this self-imposed burden.

  4.  Frequent changes have negative implications for staff morale,[19] and can lead to confused accountability. That said, few changes listed in the Call for Evidence are novel. For example, there has been a women's unit in the Cabinet Office for at least 40 years; units on social policy come and go, and domains of policy secretariats alter as different issues come to the fore. Moving top official advisers back from Number 10 to the Cabinet Office could even be seen as a return to more constitutional arrangements.

  5.  Most of the centre's work falls under three headings: (1) the hosting of interdepartmental units (civil and military), of which the policy secretariats are the standing core; (2) the servicing of Prime Minister and ministers without departmental portfolio; and (3) civil service management. The "architecture" joining civil service management to the Cabinet Office policy role is the least settled organisationally. Constitutionally, the Prime Minister's responsibility for the Civil Service enables this role to be assigned to the Cabinet Office, the Treasury or a dedicated department. The least problematical solution has been attachment to the Cabinet Office, with a minister exercising the Prime Minister's political responsibility.

  6.  There should have been no need for a new post to "enhance cohesion between Number 10 and the Cabinet Office": the Cabinet Secretary should play that role—one argument for separating the posts of Cabinet Secretary and Head of the Home Civil Service. There is much for a Head of the Civil Service to do, as shown in simple terms by the continuing division between Foreign Office diplomats and the Home Civil Service; and the limited consideration of Civil Service issues during the process of devolution to Scotland and Wales,[20] in addition to the widely cited failings of the senior Civil Service.[21]

  7.  Units of outsiders set up by prime ministers within Number 10 or the Cabinet Office are usually accepted if they are occupied with policy or delivery matters and do not publicly contradict ministers or departmental advice. In contrast, the use of the central offices for promoting party interests is indefensible. There are specific issues about the use of public resources for private purposes, and wider concerns about bringing the central offices into disrepute. The concept of an impartial Civil Service is eroded in public eyes when overtly political aides refer to themselves as civil servants; it would be better to remove their official status as "temporary civil servants".

  8.  The Call for Evidence enquires about "the Cabinet Office's constitutional position ... in terms of responsibility and accountability ..". The Cabinet Office is subject to the constitutional conventions applying to departments, but the obstacles to full accounting loom larger (for example, restrictions on questions about interdepartmental discussions, and ministers' unwillingness for special advisers to be questioned). There has been a deterioration in the last decade even in simple ways—in 2006 the annual Cabinet Office report replaced verifiable facts with glossy photos and a glossing over of inconvenient statistics. The "unscripted" meetings mentioned in the Butler Report and elsewhere make accounting impossible.

  9.  Accountability of the central offices is weakened when parliamentarians are not sufficiently robust in holding ministers and officials to account. The public learn about the work of the central offices mainly through published inquiries into disastrous failures (Scott, Hutton, Butler).

  10.  Political scientists often argue that the institutional arrangements seriously constrain Prime Ministers. My own research (in France) found that is not the case: political leaders can deploy the machinery to further their objectives.[22] Rather than trying to fix the machinery, I feel the main concern should be to encourage those operating it act constitutionally. Incoming governments need sufficient confidence in the permanent bureaucracy not to bypass it by importing their own staff; they must feel that civil servants will be loyal without being political, be technically competent and not self-serving. The solution is mainly in the Civil Service's hands, but as far as constitutional mechanisms are concerned, a Civil Service Act could help reassure ministers and strengthen the position of officials who want to uphold high standards.

14 June 2009









17   Working with Professor George Jones and Professor Michael Lee. See in particular, JW Lee, GW Jones, J Burnham, At the Centre of Whitehall (Macmillan, 1998). Back

18   R Lowe and N Rollings, Modernising Britain, 1957-64: A classic case of centralisation and fragmentation?, in RAW Rhodes, Transforming British Government, I. (Macmillan and ESRC, 2000), 99-118. Back

19   House of Lords Public Service Committee, Report, HL 55 (Stationery Office, 1998). Back

20   J Burnham and R Pyper, Britain's Modernised Civil Service (Palgrave Macmillan, 2008). Back

21   See the evidence of Robin Mountfield, Colin Talbot and David Walker in Public Administration Select Committee, Skills for Government, HC 93ii (Stationery Office, 2006). Back

22   J Burnham, Politicians, Bureaucrats and Leadership in Organizations (Palgrave Macmillan, 2009). Back


 
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