Overview

The Constitutional Reform and Governance Act 2010 is a UK law covering various aspects of governance, including civil service reform, treaty ratification, parliamentary standards, and public records. It aimed to enhance transparency and accountability within the UK government.

Description

Civil Service Reform:

This part establishes the Civil Service Commission, responsible for overseeing appointments based on merit and fair competition. It sets out codes of conduct for civil servants, the diplomatic service, and special advisors, emphasizing integrity, honesty, and (except for special advisors) objectivity and impartiality. The Act also provides a mechanism for civil servants to complain about conduct that conflicts with these codes.

Treaty Ratification:

The Act introduces a new process for treaty ratification, requiring treaties to be laid before Parliament for a period of scrutiny before ratification, unless exceptional circumstances apply. This allows Parliament to review treaties before the UK government formally agrees to them.

Parliamentary Standards:

This section significantly amends the Parliamentary Standards Act 2009. Key changes include establishing a Compliance Officer with investigative powers to address issues related to MPs’ expenses, enhancing transparency around MPs' salaries and allowances, and clarifying the relationship between parliamentary disciplinary powers and the new mechanisms. The changes include increased transparency and accountability measures for MPs' expenses and salaries.

Tax Status of MPs and Lords:

This part clarifies the tax status of MPs and members of the House of Lords, treating them as UK residents for income tax, capital gains tax, and inheritance tax purposes.

Transparency of Government Financial Reporting:

This section requires that departmental estimates include information on resources used by designated bodies, improving transparency in government spending.

Public Records and Freedom of Information:

Amendments reduce the time period for records to be transferred to the Public Record Office from 30 to 20 years and similarly affect the time when records become historical records under the Freedom of Information Act 2000.

Government Spending

The Act does not provide specific figures on its effect on government spending. However, the changes to parliamentary standards and the establishment of the Civil Service Commission are expected to create both additional and reallocated costs within government. The exact impact would depend on the implementation of the Act's provisions.

Groups Affected

• Civil Servants: Subject to new codes of conduct and appointment processes; can make complaints about breaches of conduct.
• Diplomatic Service: Subject to a new code of conduct.
• Special Advisers: Subject to a new code of conduct; restrictions on their powers.
• MPs: Subject to enhanced transparency and accountability measures for their salaries, allowances, and conduct; increased potential for investigations.
• Members of the House of Lords: Clarification on their tax residency; option to opt out of certain provisions in the Act.
• Government Departments: Required to include information on resources used by designated bodies in their estimates.
• Public: Increased access to information due to changes in public records and freedom of information provisions.

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