The seven constitutional watchdogs that monitor and regulate the conduct of the executive are “too weak”, a new report says today. It recommends ways of strengthening them.
Trust in Public Life: Restoring the Role of Constitutional Watchdogs is written by Professor Robert Hazell, founder and former director of the Constitution Unit at UCL, and Sir Peter Riddell, former commissioner for public appointments and now an honorary professor at the same university.
The watchdogs are:
the Advisory Committee on Business Appointments (ACOBA);
the Civil Service Commission (CSC);
the Commissioner for Public Appointments (OCPA);
the Committee on Standards in Public Life (CSPL);
the House of Lords Appointments Commission (HOLAC);
the Independent Adviser on Ministers’ Interests; and
the Office of the Registrar for Consultant Lobbyists (ORCL).
Labour has given a clear commitment to legislate for a new ethics and integrity commission, the report notes. It could be a regulatory body or an umbrella body. Either option would present difficulties and legislation would take time to consider.
However, say Hazell and Riddell, the role, functions and powers of the existing watchdogs can easily be altered because many of them were set up under prerogative powers:
Ahead of any legislation, a government with the political will could introduce changes relatively quickly. The prime minister could give a speech committing to uphold watchdogs’ independence, follow their advice and comply with their rulings.
Further work would be needed before a new government would be ready to legislate, the authors add. But there is much that could be done in the meantime:
Action can be taken quickly after the next election to signal a fresh start on standards in public life by the use of prerogative powers. That would give time for consultation and debate on legislation to put the watchdogs on a statutory footing, and about the structure and remit of a possible ethics and integrity commission.
Above all, a fresh start to sustain high standards in public life requires not just the actions outlined above, but also a continuing commitment from the prime minister and government in their own behaviour and the lead they give to others. There is only so much that regulators and codes can achieve.
Public trust in politicians has fallen to an all-time low, say Hazell and Riddell. “There is an urgent need to repair and rebuild the system for upholding standards in public life if trust in politicians is to be restored.”
On Law in Action today, the attorney general Victoria Prentis KC MP tells me she is pleased with the Court of Appeal ruling yesterday that limits the defence used by some climate change protesters who were charged with causing criminal damage. But, she stresses, the government has no wish to take away anyone’s right to protest about the risks of climate change, an issue on which she personally feels very strongly.
Law in Action is broadcast at 4pm on BBC Radio 4 and is then available to download as a podcast on BBC Sounds.
Having now listened to today’s Law in Action, I was interested to have it confirmed (by you and the representative of the Howard League) that the power to release prisoners early which the Lord Chancellor is now deploying is under s.248 Criminal Justice Act 2003. There had been no reference to this in the Lord Chancellor’s statement to Parliament. As you pointed out, this is meant to be confined to early releases for compassionate reasons. Clearly the Lord Chancellor is acting outside his statutory powers. While it may be unlikely that anyone affected is going to be in a position to challenge such a decision, it sets a worrying precedent that deserves to be more widely acknowledged.