The Civil Servant as Legislator: Law Making in British Administration

How are government policy commitments converted into legislation and what happens in the conversion? The role of civil servants in preparing legislation is far more important than is generally assumed. By looking at the work of four recent bill  teams in Britain – teams of civil servants given the task of developing Acts of Parliament – their crucial roles in initiating policies, placing them on the political agenda (even helping secure their place in a party manifesto), developing them, making sure they pass through parliament and enacting them once they have reached the statute books are assessed. The article explores the composition and working methods of bill teams. These teams work with considerable autonomy in developing legislation, but it cannot be assumed that they operate outside ministerial control. Teams see themselves as reflecting the priorities of the government in general and their ministers in particular. Yet ministers typically know relatively little about the law they are bringing in until they receive the submissions and briefings from their officials. Perhaps the biggest danger for democracy is not a civil service putting forward proposals which a minister feels forced to accept, but rather that ministers do not notice or fully appreciate what is being proposed in their name despite having the political authority to change it and a civil service which bends over backwards to consult and accommodate them.     

Interpreting the World of Political Elites

This paper uses an interpretative approach to analyse the relationship between ministers and officials. It argues that generally, the relationship between ministers and civil servants is harmonious. This can be explained by the fact that both sets of actors tend to draw from the same tradition, the Westminster model. The Westminster model can be understood as the building block from which both ministers and civil servants develop narratives that shape and condition their actions. In the case of ministers, the dominant narrative drawn from the Westminster model is what we refer to as that of 'historical impact'. In the case of civil servants, their dominant narrative, again drawn from the Westminster model is conditioned by the need to provide an account that continually emphasizes how they have acted with 'constitutional propriety'. Generally, these two contrasting narratives do not lead to conflict between ministers and civil servants. However, a serious breakdown in the relationship between ministers and civil servants can occur when either one or both sets of actors draw on a tradition other than the Westminster model, or when they appeal to a different narrative within the Westminster model which shapes their subsequent behaviour and actions.     

Customization in Civil Service Training: Implications for Outsourcing Human Resources Management

In the public sector, central training institutes once played an irreplaceable role in formulating training policies and providing training programs to government employees. The introduction of new public management (NPM) has stimulated a reform agenda in human resources (HR) management, resulting in a shift from centralized training to decentralized or outsourced training; to be precise, making civil service training more demand-driven and lessening the role of central training institutes. Local-level governments and agencies have acquired more autonomy in deciding whether to provide training in-house, or to purchase relevant services from private providers. In addition, dramatic institutional, economic, and operational changes in the public sector in the twenty-first century have brought about competition among governments worldwide in terms of innovative and creative ideas, prompting them to equip their employees with the relevant skills for the governments to remain competitive. This study explores how civil service training in Hong Kong has been decentralized and customized from the viewpoint of civil servants being trainees, and assesses the role of the Civil Service Training and Development Institute as a centralized training institute for Hong Kong civil servants within the modern, decentralized, and consumerized HR management regime.     

REFLECTIONS ON THE TRUE SIGNIFICANCE OF THE SCOTT REPORT FOR GOVERNMENT ACCOUNTABILITY

The immediate impact of the Scott report was slight because it had no conclusion and led to no ministerial or other resignations. Reasons for this inconclusiveness were examined, including conventions of the judicial process, the difficulty Scott had in defining the offences he was examining, the slipperiness of those offences as constitutional conventions and Scott's lack of grasp of administrative processes.
Yet his report is a mine of information on problems of accountability in the area of government defence sales. It was atypical in that three departments pursuing four policies between them and with another department as policeman had a locus in the process. Given the nearly 100,000 licences being processed at one time, it was a large, complex and fragmented administrative activity which might easily have resulted in more mishaps than it did.
Despite its special features the author argues that it does provide evidence of six areas of difficulty in government accountability which are also of (growing) relevance outside the area Scott surveyed: how one finds who is responsible for policy and policy change; how accountability is secured where confidentiality is justified for national security or other reasons; how one gets operational accountability for executive operations within departments; the accountability of junior to departmental ministers; of junior to more senior civil servants; and of civil servants to ministers.     

THE SCOTT REPORT

The Scott report shows that the two most serious allegations made against ministers - that they conspired to sell lethal arms to Iraq in violation of government guidelines, and that they conspired to send innocent men to prison - are unfounded.
The inquiry violated the Salmon guidelines for the conduct of tribunals and is further evidence that an informal tribunal of this type is less well-equipped to examine a matter causing nation-wide public concern and to secure justice to individuals, than a statutory tribunal appointed under the Act of 1921.
Nevertheless, the Scott report raises three issues of fundamental constitutional importance - ministerial accountability to which the final section of the report is devoted, freedom of information which Sir Richard regards as a corollary of ministerial accountability, and the proper relationships between ministers and civil servants.
Sir Richard believes that constitutionally improper things occurred during the period which his inquiry covers. The fact that no minister or civil servant paid any penalty casts doubt as to whether ministerial accountability is a genuine convention of the constitution or a convenient fiction enabling both ministers and officials to evade responsibility.     

Devolution and Local Government: Evidence from Scotland

Devolution in Scotland has had a major impact upon local government. Local government, at both political and managerial levels, perceives central government in the shape of the Scottish Executive to be closer (geographically and politically) and more open to local government in terms of access to ministers and civil servants. However, Scottish central–local relations continues to be characterised by a sense of mistrust of local government, especially among civil servants and a continuing desire for central control of key policy agendas. Equally, the policy process continues to display features of fragmentation across major policy areas. Moreover, Westminster has not yet departed the scene of Scottish politics in both financial and policy terms but also in the enduring presence of a Westminster ‘political culture’     

TIME FOR EU MATTERS: THE EUROPEANIZATION OF DUTCH CENTRAL GOVERNMENT

To what extent does the European Union (EU) affect national governments? This article seeks to answer this question by assessing the Europeanization of Dutch central government. Using data from a large‐scale survey among civil servants, we assess to what extent the EU affects the structure and culture of governmental organizations, as well as the activities of individual civil servants. On the basis of this analysis, we conclude that the impact of the EU both on individual civil servants and on organizations in Dutch central government is two‐sided: a small core of civil servants and organizations are deeply involved in EU‐related activities and this exists alongside a much broader base of civil servants and organizations that are less affected by the EU. These differences appear more clearly on the level of daily working practices than on the level of formal organizational structures. Nevertheless, the impact of European integration on government organizations remains limited to particular organizations and particular civil servants within central government.     

The Relationship Between Civil Servants and Politicians in a Post‐Communist Country: A Case of Slovenia

In modern democracies, civil servants have outgrown their classic role as implementors of the orders given by politicians as their masters. They now play an increasingly important role in the exercising of authority – a role which depends to a great degree on politicians themselves. Based on classical politico‐administrative divisions, the main hypothesis of this paper is to claim that, in the case of the post‐communist country of Slovenia, politicians are in charge of policy‐making and possess a dominant role over high‐ranking civil servants, who are mere implementors of policy. To verify this hypothesis, we use several mutually complementary methods and techniques, among them detailed empirical research. We find that the relationship between members of Slovenia's administrative and political elite does show competitive traits, but the conflict between the two groups is not such that would lead to a win‐lose situation. Both high‐ranking civil servants and politicians do in fact have a role as important and irreplaceable actors in the policy‐making process.     

Civil Service and Civil Society Collaboration: A Comparative Analysis of Disaster Management Results in China and the United States

This article explores the way natural disasters provide an opportunity to address relations between civil society and the state as mutually empowering. Such opportunity can be reinforced when civil servants help to mobilize the interests of marginalized communities into disaster management and collaborate with active civil associations in seeking to reduce disaster vulnerabilities. This requires that public administration be able to respond to disaster in an effective and equitable way. Civil servants should be capable of being socially reliable by building and maintaining trust in relationships with communities and civil organizations. Using the Gulf Coast Hurricanes (United States) in 2005 and the Wenchuan Earthquake (China) in 2008 as case studies, this article comparatively addresses the significance of public administration's role in developing mutual empowerment in state and civil society relations in the face of adversity. Given the fact that civil service capacity becomes a crucial factor in determining state-civil society relations, it also has important implications for the potential of democratization in China.     

Bubbling up or cascading down? Public servants,political advisers and politicization

One of the strands in the growing scholarship on political advisers in parliamentary democracies proposes that advisers can reduce the risk of civil service politicization by furnishing partisan advice to ministers, freeing civil servants to focus on the provision of expert competence. This benign narrative generates a significant hypothesis, which is that the institutionalization of the partisan role diminishes the risk of civil service politicization. That hypothesis has yet to be fully tested. Several studies have assessed the impact of advisers' actions on civil service impartiality, but the consequences of bureaucrats' own agency for that dependent variable have received far less attention. Drawing on data from a survey of New Zealand public servants, this article challenges the assumption in the political advisers literature that civil service politicization is primarily driven by exogenous factors and calls for a more nuanced theoretical approach to endogenous aspects of politicization.     

THE IMPACT OF FREEDOM OF INFORMATION ON WHITEHALL

This article examines whether the UK Freedom of Information Act 2000 has changed Whitehall. Based on a two‐year, ESRC‐funded study, it evaluates the impact of FOI on five characteristics of the Whitehall model: the culture of secrecy, ministerial accountability to Parliament, civil service neutrality, the Cabinet system, and effective government. Proponents of FOI hoped that government would be less secretive, more accountable and more effective; critics feared that civil servants would lose their anonymity, and collective Cabinet responsibility would be undermined. Drawing on interviews, media analysis, case law and official documents, the article finds that the impact of FOI is modest at most. It is not powerful enough to do much good or much ill, and the feared ‘chilling effect' on candour and record‐keeping has not materialized. Leaks do more damage than FOI disclosures. But ministers remain apprehensive about the effect of FOI on Cabinet records and discussions.     

The partisan–professional dichotomy revisited: Politicization and decision‐making of senior civil servants

Politicization has an ambivalent reputation among public administration scholars. While considered an effective instrument to safeguard political control over ministerial bureaucracy, partisanship of senior civil servants is likewise associated with patronage and is deemed detrimental to professionalism and meritocracy. To scrutinize this contradiction, the article examines how the party‐political background of senior civil servants influences their decision‐making behaviour. Two theoretically derived conceptions of loyalty are therefore put to the test: responsiveness and responsibility. Effects are captured by using the vignette technique in 40 in‐depth interviews with former senior civil servants from ministerial departments at federal and state level in Germany. The results are surprising in so far as they reveal that politicized senior civil servants act neither more responsively nor less responsibly than their non‐politicized peers. These findings challenge common assumptions and call for a more refined analysis of the conditions under which politicization leads to negative effects.     

The Northern Ireland Civil Service: Characteristics and Trends Since 1970

"This is a damned funny country. There's one crowd singing 'Wrap the Green Flag Round Me' and another crowd sings 'Rule Britannia' and there's a lot of bloody civil servants up there in Stormont drawing twenty pounds a week and laughing at the lot of us." Comment made in 1939 to Patrick Shea, cited in Shea 1981, p. 205.
This paper offers a summary of research on the Northern Ireland Civil Service (NICS) that has been undertaken as part of an ESRC-supported project examining the changing nature of civil services throughout the British Isles. Not since Gladden's seminal work in 1967 have studies of the British Civil Services offered sufficient coverage of the long-existing variations within the UK. The weaknesses in coverage are particularly visible with respect to the Northern Ireland Civil Service (NICS), which is accorded either footnote status in most work or even ignored altogether. A compelling case for closing the gap in the literature is underscored by the political devolution that was introduced after 1998. Far from being the unitary state associated with the Westminster model, the UK exhibits the features of a differentiated polity in which figure the contradictory impulses of centralization and fragmentation. In illustrating 'parity with particularity', the civil service arrangements obtaining within the Province of Northern Ireland clearly exemplify the differentiation with the UK. Moreover, with devolved fora now established for both Scotland and Wales, with associated pressure for more distinctive and even separate civil arrangements in each, Northern Ireland's experience offers valuable lessons on how the UK civil service may develop in Scotland and Wales.     

T. H. GREEN AND THE ETHICS OF SENIOR OFFICIALS IN BRITISH CENTRAL GOVERNMENT

This article is an attempt to move away from microeconomics in the study of administration and to concentrate on British administrative ethics from a philosophical perspective. Thus, ethics is used here not in the sense of the ethics of managers dealing with accounts but as the ‘science’ of ranking moral values. The intention of the article is to examine how political theory can be used to help illustrate the dilemmas of public servants working in a climate which is distinctly hostile to disinterested ideals. The ideas of T. H. Green, the English Idealist philosopher who contributed so much to our understanding of public service, form the basis of the theoretical discussion, and the work of senior officials in Whitehall is the material used for illustrative purposes. Where do the loyalties of civil servants lie? What are their duties and responsibilities to ministers? To whom, for what, and how are civil servants accountable?     

Between a rock and a hard place: Balancing the duties of political responsiveness and legality in the civil service

Civil servants play a key role in upholding the core democratic principles of majority rule and legality in daily government operations. Yet we know little about how civil servants balance these principles in practice—or why. This study asks and answers these questions by qualitatively and quantitatively analyzing Danish civil servants' responses to survey questions on dilemmas that force them to choose between their duty to be responsive to government and their duty to uphold the law. To explain their choices, the analysis draws on rational and sociological institutional theories of bureaucratic behavior. The results suggest that factors related to both rational self-interest and socialization explain that as many as one in four civil servants choose responsiveness over legality. Formal organizational roles also predict their behavior.     

RAYNERISM IN PRACTICE: ANATOMY OF A RAYNER SCRUTINY

Rayner scrutinies have become a regular feature of life in government departments. It takes only a few months to conduct a scrutiny but implementation is a far longer process which can absorb much ministerial and official time. This paper describes one of the first Rayner scrutinies — on arrangements for paying social security benefits — from inception to implementation. It relates the scrutiny team's reports to the social security system it was in part reviewing and then traces the way that ministers and officials handled the controversy that the scrutiny team's proposals caused when leaked in an inaccurate form. It concludes by speculating about some wider lessons that might be drawn about the validity of the scrutiny technique; the value of the Rayner label on reviews; the need for independent reviews in bureaucratic organizations; civil service responsiveness to reviews: the political dimension to management issues: public debate and open government considerations, and the indirect consequences of scrutinies.     

PUBLIC MANAGEMENT AND POLITICS: SENIOR BUREAUCRATS IN FRANCE

Why is new public management reform so difficult to implement in France? In order to answer this question, this article examines the changes that have affected the higher civil service since the late 1970s. Decision‐making networks have been considerably politicized, and public policies are now largely devised by ministerial cabinets staffs. Simultaneously, the tasks of career senior civil servants are increasingly technical and specialized. The management reforms undertaken since 2002 by an economically liberal government might have offered senior bureaucrats the opportunity to regain a more active professional role, but the reforms run counter to their political culture, since the large majority of them still share a leftwing political ideology. Reformers seem to have no other choice than to change the institutional system in order to resolve this contradiction.     

Civil Servants on the Silver Screen: The Depiction of Government in American and Australian Cinema

With the prevalence of government, it is unsurprising to find it frequently represented on the silver screen. But, with the ability of film to influence perceptions and attitudes, questions arise, including: how is government portrayed on the silver screen? Are government bureaucrats berated or praised? This research examines the representation of government—and civil servants in particular—in a comparative setting. The top 100 box office grossing films of all time in the United States and Australia were selected to address the question: how do these films in the United States and Australia depict government? This study analyzes these 200 films and the more than 400 government characters in these films and suggests that government in both American and Australian films does not fare well. However, despite the generally negative—or at best mixed—depictions of government overall, individual government characters fare better.     

Navigating the dichotomy: The top public servant's craft

How in their day‐to‐day practices do top public servants straddle the politics–administration dichotomy (PAD), which tells them to serve and yet influence their ministers at the same time? To examine this, we discuss how three informal ‘rules of the game’ govern day‐to‐day political–administrative interactions in the Dutch core executive: mutual respect, discretionary space, and reciprocal loyalty. Drawing from 31 hours of elite‐interviews with one particular (authoritative) top public servant, who served multiple prime ministers, and supplementary interviews with his (former) ministers and co‐workers, we illustrate the top public servants’ craft of responsively and yet astutely straddling the ambiguous boundaries between ‘politics’ and ‘administration’. We argue that if PAD‐driven scholarship on elite administrative work is to remain relevant, it has to come to terms with the boundary‐blurring impacts of temporal interactions, the emergence of ‘hybrid’ ministerial advisers, and the ‘thickening’ of accountability regimes that affects both politicians and public servants.     

POLITICAL ACCOUNTABILITY AND PERFORMANCE AUDIT: THE CASE OF THE AUDITOR GENERAL IN NORWAY

Performance audit is widely used in public administration, but, at present, little empirical evidence exists on its usefulness and contribution to accountability. Based on survey data from 353 civil servants in Norway, this article analyzes the auditees' perceptions of the audit. Performance audit was seen as useful by a majority of the auditees. If auditees agreed to audit criteria and assessments, were allowed to influence the process, had favourable opinions of the reports, and believed that the State Audit Institution contributed to accountability and improvement, then they regarded it as useful. Reports used for accountability purposes were not perceived as less useful. The auditees' administrative level, the use of the report to further interests, and attention from politicians, the media, and the Parliament impacted on the accountability dimension. These results indicate that performance audit can influence civil servants, but the influence is contingent on how the audited civil servants perceive the performance audit.