The prerogative powers of ministers include some of the most important functions of government, such as decisions on armed conflict and the conclusion of international treaties. This report describes how such powers have come to be delegated. It also concludes that they should be more closely regulated. It proposes that the government should prepare a list of all prerogative powers, which would be considered by a parliamentary committee. Appropriate legislation, with any required statutory safeguards, would then be put into place. A draft Bill is appended to the report.
This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.
There has been concern in the last few years that former Ministers and Crown Servants have inappropriately used knowledge they gained in Government to seek new employment in other sectors. Over two years ago the Committee launched an inquiry to examine the effectiveness of the Business Appointment Rules in ensuring propriety in the future employment of former Ministers and senior Crown servants; and to consider the potential of the Big Society agenda to increase traffic through the "revolving door" between the public sector and business and the voluntary sector. The report "The Business Appointment Rules" was published on 17 July 2012. Some twenty months later, the Government has not responded to the Report. The Committee has raised this matter both through correspondence with the Rt Hon Francis Maude, Minister for the Cabinet Office, and by way of Parliamentary Questions. The Committee views the Government failure to respond to a Select Committee Report as unacceptable behaviour and in this instance as obstructive and secretive, both showing a cavalier attitude in its responsibilities towards Parliament and thereby deliberately impeding a cross-party scrutiny of Government policy in this area.
This title was first published in 2001: In this compelling work, Matthew Flinders examines how far alternative forms of accountability have evolved and the extent to which they remedy the current shortcomings of the parliamentary system. Adopting a pluralistic perspective, this exploration of the accountability of the core executive is clearly grounded in research methodology, thus ensuring the book makes a valid, incisive contribution to the literature. Features include: - A detailed study of the location of power and mechanisms of accountability in modern government which challenges the largely prosaic existing literature - Useful summaries of the key tensions and trends within constitutional infrastructure - A new and refreshing approach to the study of central government - Insightful critiques of major governmental policies This intriguing volume will be of interest to undergraduates, post-graduates and lecturers for courses on legislative studies, central government reform, public administration, British politics and research methods.
First published in 2004, English Public Law has become the key point of reference on English public law for lawyers in the UK and throughout the world. Now in its second edition, the book acts as an accessible first point of reference for practitioners approaching a public law issue for the first time, while simultaneously providing a lucid, concise and authoritative overview of all the key areas of public law (constitutional, administrative, human rights, and criminal law) within one single portable volume. The second edition has been completely updated to take account of all key legislative and procedural changes since 2004, including: BLThe Constitutional Reform Act 2005 BLrecent higher courts decisions concerning public law and human rights BLthe Criminal Procedure Rules 2005 Written and edited by a team of acknowledged experts on English law, the book offers proven reliability and as part of the Oxford Principles of English Law Series, is the companion volume to the second edition of English Private Law edited by Professor Andrew Burrows FBA. The book is an ideal quick reference for practitioners to fall back on when a client raises a point outside their normal area of expertise as well as for academics, overseas libraries, and practitioners overseas who want a one stop resource on English public law. A supplement published between editions, will ensure that the book is kept up to date.
The Public Administration Select Committee (PASC) has concluded a year-long inquiry into the future of the Civil Service with only one recommendation: that Parliament should establish a Joint Committee of both Houses to sit as a Commission on the future of the Civil Service. It should be constituted within the next few months and report before the end of the Parliament with a comprehensive change programme for Whitehall with a timetable to be implemented over the lifetime of the next Parliament. The Report considers the increased tensions between ministers and officials which have become widely reported, and places the problems in Whitehall in a wider context of a Civil Service built on the Northcote-Trevelyan settlement established in 1853 and the Haldane principles of ministerial accountability set out in 1919. The government's Civil Service Reform Plan lacks strategic coherence and clear leadership from a united team of ministers and officials. The Northcote-Trevelyan Civil Service remains the most effective way of supporting the democratically elected Government and future administrations in the UK. Divided leadership and confused accountabilities in Whitehall have led to problems: a low level of engagement amongst civil servants in some departments and agencies, and a general lack of trust and openness; the Civil Service exhibits the key characteristics of a failing organisation with the leadership are in denial about the scale of the challenge they face. There is a persistent lack of key skills and capabilities across Whitehall and an unacceptably high level of churn of lead officials, which is incompatible with good government.
