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by Munro Research

Public Service (Ethics, Integrity and Independence) Bill [HL]


Official Summary

A Bill to make provision about mechanisms for promoting and protecting standards of integrity and ethics in the public service; to make provision about appointments to the House of Lords and the House of Lords Appointments Commission; and for connected purposes.

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Overview

This bill establishes independent bodies to oversee ethics, integrity, and independence within the UK public service. It creates new commissions and advisors to regulate ministerial conduct, public appointments, appointments to the House of Lords, and business appointments after leaving public service, aiming to strengthen standards and transparency.

Description

The bill creates several new bodies and roles:

  • Independent Adviser on Ministers’ Conduct and Interests: Appointed by the Prime Minister, this advisor will monitor the Ministerial Code, investigate potential breaches, and advise the Prime Minister on sanctions.
  • Commissioner for Public Appointments: This commissioner will oversee the Public Appointments Code, ensuring fairness and transparency in the selection process for public bodies.
  • Commission on Standards in Public Life: This commission will review standards of conduct across the public service, make recommendations for improvements, and act as a coordinating body for other ethical regulators.
  • House of Lords Appointments Commission (HOLAC): This commission will be responsible for selecting crossbench peers and advising the Prime Minister on the suitability of all House of Lords nominees, promoting diversity.
  • Commission on Business Appointments (COBA): This commission will regulate post-employment appointments for ministers and senior civil servants, preventing conflicts of interest. It can impose restrictions, conditions, and penalties for non-compliance, with a maximum civil penalty of £7,500 (subject to change by regulation).

The bill also details the functions, reporting requirements, and information-gathering powers of each body. It includes provisions for appeals against COBA decisions and mechanisms for enforcement of regulations.

Government Spending

The bill will result in increased government spending to establish and operate the new commissions and advisor roles. Exact figures are not provided in the bill text, but significant costs will be incurred for salaries, operational expenses, and administrative support.

Groups Affected

  • Ministers: Subject to stricter ethical standards and increased scrutiny of their conduct and interests.
  • Senior Civil Servants: Subject to stricter rules on post-employment appointments and increased scrutiny by COBA.
  • Public Appointees: Will be subject to a more rigorous and transparent appointment process overseen by the Commissioner for Public Appointments.
  • House of Lords Nominees: Subject to greater scrutiny by HOLAC regarding their suitability and probity.
  • Businesses: Potentially affected by COBA's restrictions on employing former ministers and senior civil servants.
  • Parliament: The bill increases parliamentary oversight through increased reporting requirements and scrutiny by relevant committees.

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