HL Deb 31 March 1999 vol 599 cc438-9

2.59 p.m.

Lord Campbell of Croy asked Her Majesty's Government:

Whether a standard interval of time is required for special advisers between departure from a position in government service and taking up a business appointment.

The Minister of State, Cabinet Office (Lord Falconer of Thoroton)

No, my Lords. The business appointment rules apply to special advisers in the same way as they do to other civil servants. The imposition of a waiting period or any other condition depends on the circumstances of each individual case.

Lord Campbell of Croy

My Lords, I am grateful to the noble and learned Lord for his reply. However, on departure from their jobs working for Ministers, are special advisers subject to the same rules and periods of quarantine as those which apply to senior civil servants, advice being sought in the individual cases from the Business Appointments Committee of which I was a member for its first eight years?

Lord Falconer of Thoroton

My Lords, the answer is that they are subject to the same rules. That arose as a result of recommendations made by the noble and learned Lord, Lord Nolan—who I am happy to see is present—which were accepted by the Government and also by the previous government. However, in effect, they only began to bite in substance after this Government came to power because there were existing contracts. There is one material difference; namely, when a special adviser has to make an application, which is considered on a case-by-case basis, the ultimate decision-maker will not be the Minister but the permanent head of the department in which the special adviser worked. That is a sensible and fair safeguard. It means that special advisers are subject to consideration that is just as rigorous as that which applies to senior civil servants, but at the same time they do not have that security of employment.

Lord Monro of Langholm

My Lords, will the Minister remind all special advisers that they must cease political activity as from next week if their Ministers are involved in the Scottish and Welsh elections?

Lord Falconer of Thoroton

My Lords, I am quite sure that all special advisers know the limits on their legitimate activity.

Lord Strathclyde

My Lords, can the noble and learned Lord confirm that there are three special advisers attached to the Scottish Office? What will happen to them after the creation of the Scottish Parliament? Will they be able to move seamlessly with their existing contracts from working for Ministers in the Scottish Office to working for Ministers in the Scottish executive?

Lord Falconer of Thoroton

My Lords, as regards the period of time during the election, it is for special advisers to comply with the provisions that the noble Lord, Lord Monro, mentioned. As regards the period subsequent to that, if a person has continued to be a special adviser, for example to the Secretary of State for Scotland, if that Minister then becomes the First Minister, it will be possible for the special adviser to continue as special adviser to that person in that capacity. However, he or she must remember at all times that special advisers are civil servants and that what we want is a unified Civil Service.

Lord Campbell of Croy

My Lords, is the press report correct that there are now as many as 69 special advisers working for Ministers and they seem to have become a new species which is not in danger of extinction?

Lord Falconer of Thoroton

My Lords, I think that figure is about right. 1 am glad to say that they are not in danger of extinction. Before this Government came to power it was said that we wanted strong political leadership and special advisers play a part in that. The committee of the noble and learned Lord, Lord Slynn, considered the role of special advisers and was perfectly content that there was no abuse of the system.

Lord Renton

My Lords, so that we can all understand our language as well as possible, can the noble and learned Lord say when is an adviser not a special adviser?

Lord Falconer of Thoroton

My Lords, a special adviser is a species of adviser recognised by the Civil Service and given a contract—a copy of which has been placed in the Library—which permits a special adviser to be selected in a way other than under the normal Civil Service rules. As regards advisers, it is open to Ministers to take advice from whomsoever they wish.

Lord Chesham

My Lords, as we are talking about standard intervals of time, will the noble and learned Lord care to comment on a Question which I tabled for Written Answer dated 13th January, to which I have not received any response?

Lord Falconer of Thoroton

My Lords, the noble Lord certainly has me where he wants me, as it were. I shall look into that matter.

Lord Swinfen

My Lords, as special advisers are, I assume, political appointments, can the individuals continue in the Civil Service which is supposed to be apolitical when they leave their appointments as special advisers?

Lord Falconer of Thoroton

My Lords, when they cease to be special advisers they cease to be employed in the Civil Service.

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