Transparency on Civil Service appointments and removals required, says Lords committee
Friday 22 October
Several recent departures of permanent secretaries or civil servants of equivalent seniority have been controversial, raising questions as to the degree of ministerial involvement in the appointment and departure process, and whether there exists a desire to appoint politically sympathetic candidates to these positions, according to the House of Lords Constitution Committee.
In its report, Permanent secretaries: their appointment and removal, published today, the committee notes that the impartiality and perceived impartiality of the civil service is a central tenet of the constitution and not seriously challenged.
The committee concludes that the removal of senior civil servants on political or ideological grounds should not occur under any circumstances. While such instances may be rare, some recent departures of senior civil servants may demonstrate that there are insufficient safeguards around the process. To guard against the improper removal of senior civil servants, formal departure processes should be set out in writing, requiring ministers and the Prime Minister to explain to the Civil Service Commission their decision to remove and replace a senior civil servant.
Nonetheless, the current formal level of ministerial involvement strikes the correct balance, according to the committee. However, ministers are not always sufficiently aware of the extent of their influence over appointments or the limits on it––greater awareness would avoid tension during the recruitment process and reinforce ministerial ownership of the process.
Furthermore, the committee finds that the governance structure concerning selection routes for very senior appointments is convoluted and unclear, and the written guidance governing such appointments needs to be updated to reflect evolution of the process. In particular, changes are required to reflect the Prime Minister now appearing directly to approve appointments at director general level, and the Government’s “external by default” policy, in which senior civil service roles should be open to external candidates.
The committee notes that the Civil Service Commission Recruitment Principles do not apply to the appointment of the Cabinet Secretary. The committee has therefore called for the process to be regularized and made more transparent, in a manner similar to that for permanent secretaries. The committee has also recommended that the Recruitment Principles be updated to provide for a strengthened process for Cabinet Secretary and Head of Civil Service appointments. This should then be reflected in an updated Cabinet Manual.
Devolved administrations
The report looks in depth at permanent secretaries in the devolved administrations in Scotland and Wales, including their appointments, position and boundaries between devolved competence and reserved matters. Civil servants in those administrations are part of the UK Civil Service, but are politically accountable to the relevant devolved government. The permanent secretaries of the Scottish and Welsh governments line managed by the Head of the UK civil service. The committee recognises that this has the potential to cause confusion and may give rise to conflicts of interest, but emphasises the importance that the principle of a single civil service across England, Wales and Scotland is maintained.
Baroness Drake, Chair of the Constitution Committee said:
“A small number of recent high-profile removals of senior civil servants on what appeared to be political or ideological grounds together with some recent departures and appointments that have been conducted in the public eye, might be seen to reflect a desire on the part of ministers to personalise appointments and assert their authority. This practice should be avoided. It risks senior civil service turnover coinciding with ministerial churn, creating a perception of politicisation and damaging institutional knowledge.
“We reject the notion that broad political alignment should be a relevant consideration in the appointment of senior civil servants. The role of the civil service is to provide honest, objective and impartial advice to the Government.
“We were told that ministers were not sufficiently aware of the extent of their influence over appointments, or the limits on it. It is incumbent upon permanent secretaries to brief incoming ministers on the degree to which they can be involved in the appointment of senior civil servants, and to repeat this briefing when a relevant vacancy arises. This will help to avoid tension during the recruitment process and reinforce ministerial ownership of the process and the quality of those appointed.
“The Cabinet Secretary and Head of the Civil Service has a vital role in ensuring that individuals are not removed from their posts by a secretary of state or a Prime Minister without due process.”
