HL Deb 19 October 1999 vol 605 cc929-31

2.49 p.m.

Lord Chadlington

asked Her Majesty's Government:

What limitations are placed on public servants in respect of publishing accounts of their time working for Ministers.

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

My Lords, serving civil servants are not permitted to publish personal memoirs reflecting their experience in government. Retired civil servants must seek the permission of the head of their former department and the head of the Home Civil Service before publishing such memoirs, in accordance with their continuing duties of confidentiality owed to the Crown as their former employer.

Lord Chadlington

My Lords, I thank the Minister for that helpful response. I am sure he is aware that the total number of special advisers, paid for at the taxpayers' expense, has risen by some 50 per cent compared with the previous administration, to close on 70 people. There are three times the previous number in Downing Street—a total of 22. What constraints are placed on those people regarding the confidential information they receive, whether they are paid for by the Government or the party, in the course of doing their job?

Lord Falconer of Thoroton

My Lords, the rules I have described in relation to civil servants also apply to special advisers, who are themselves civil servants. Those rules are incorporated into their contract of employment.

Lord Renton

My Lords, has there not been a great increase in breaches of the Official Secrets Act in recent years? What steps do the Government propose to take, if any, to deal with that problem?

Lord Falconer of Thoroton

My Lords, it is unlikely that there has been a great increase in breaches of the Official Secrets Act. I do not know what the position was before 1st May 1997, but I am sure there is not a substantial number of breaches at present.

Lord Chalfont

My Lords, taking into account the extraordinary increase in the number of special advisers, can the Minister say whether they are subject to the Official Secrets Act, to the sanctions and obligations of that Act, as are public servants?

Lord Falconer of Thoroton

My Lords, I can confirm that they are subject not only to the terms of the Official Secrets Act but also to the same terms and conditions of employment as ordinary civil servants. Special advisers are indeed civil servants. In relation to the publishing of memoirs, they would be covered by precisely the same rubric that I set out originally.

Lord Geddes

My Lords, is there a minimum time bar after retirement within which civil servants are not permitted to publish their memoirs?

Lord Falconer of Thoroton

My Lords, there is no specific time bar, but every retired civil servant who wishes to publish memoirs must seek the permission of the head of his or her former department and of the head of the Home Civil Service.

Baroness Trumpington

My Lords, when they cease to be special advisers, what happens to them? Are they put on to some unwilling department?

Lord Falconer of Thoroton

My Lords, they are put in the House of Lords.

Lord McNally

My Lords, can the Minister clarify whether his reply affects the marketability of my memoirs, "McNally and Callaghan, the Glory Years", as I have some distinct memories of the role of Mr Anthony Wedgwood Benn that I should not like lost to history?

Lord Falconer of Thoroton

My Lords, here is living proof of the answer I gave a few moments ago!

I believe that the noble Lord predated the present arrangements in relation to special advisers. If and in so far as he was covered by the existing rules, he would have to go through the same process as I have described, through the head of his former department and the head of the Home Civil Service.

Lord Puttnam

My Lords, does the Minister agree that as we approach the 21st century, it is just possible that we suffer from not enough special advisers rather than too many?

Lord Falconer of Thoroton

My Lords, the Government's special advisers perform an extremely important and effective service.

Lord Strathclyde

My Lords, is it not true that the reason why there has been such an increase in the number of special advisers is that Ministers do not trust the advice they receive from the Civil Service? Furthermore, having reminded us of the increase in the number of special advisers now serving in Whitehall, will the noble and learned Lord tell the House what has been the increase in the total salary package since the period of office of the previous government?

Lord Falconer of Thoroton

My Lords, the reply to the first question is a most emphatic "No". The special advisers are in a position to assist Ministers to work in co-operation with the Civil Service. Both the Civil Service and the Government regard the present arrangements as very satisfactory and they work happily together. Perhaps I may write to the noble Lord on the second question.

Earl Jellicoe

My Lords, may I point out to the noble and learned Lord that his replies on the whole have been, to my surprise, broadly satisfactory?

Lord Falconer of Thoroton

My Lords, I am surprised that the noble Earl is surprised.

Baroness Sharples

My Lords, will the Minister please place in the Library a copy of the letter that he is to write to my noble friend Lord Strathclyde?

Lord Falconer of Thoroton

My Lords, I shall certainly do so.