A Response To The Ministers Discussion Paper On Public Sector Pensions PDF Download

The post of Prime Minister's Independent Adviser on Ministerial Interests was created in March 2006, and extended by the incoming Prime Minister in July 2007. Part of the new Independent Adviser's role is to investigate allegations that the Ministerial Code has been breached. This Report considers the suitability of the new mechanism for investigating alleged breaches of the Code. The creation of an investigatory capacity is welcomed as an important step. However, the Committee identifies limitations on the Independent Adviser's powers which cast doubt over the effective ability of any holder of the post to secure public confidence. The Independent Adviser should be free to instigate investigations rather than, as at present, being dependent on being invited to do so by the Prime Minister. The Prime Minister should also undertake that findings of investigations into the conduct of ministers will routinely be published. Constitutional watchdogs such as this new investigator need to be demonstrably independent of those they regulate. The post of Independent Adviser meets none of the criteria associated with independence. The holder of the post, Sir Philip Mawer, has been appointed by the Prime Minister on a non-specific term of office which can be terminated by the Prime Minister at any time and on any grounds. He has no staff of his own, no office and no budget, but relies on the Cabinet Office for all these things. There has been no open advertisement process and no parliamentary involvement in the appointment. Until these defects are remedied, the Committee has difficulty accepting the suggestion that the new investigator can meaningfully be considered to be independent.