FREEDOM OF INFORMATION: THE IMPLICATIONS FOR THE OMBUDSMAN

In an article in Public Administration five years ago I reported on the operation of the new freedom of information laws in Australia, Canada and New Zealand (Hazell 1989). Despite these Commonwealth precedents, under Mrs Thatcher's premiership the British government maintained that freedom of information was incompatible with the Westminster system of ministerial accountability to Parliament. Under John Major that line has softened a bit, and last year the British government took an important step towards freedom of information, with the introduction of its new code of practice on open government. The code of practice will be policed by the Ombudsman; and this article considers the implications of this novel extension to his jurisdiction.     

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 IDEA BROKERS: THE IMPACT OF THINK TANKS ON BRITISH GOVERNMENT

Although there are few think tanks in Britain they have been credited with considerable influence on government policies since the late 1970s. This article charts their recent history, distinguishing between larger, 'establishment' bodies like the Policy Studies Institute and smaller, more politically partisan bodies such as the Centre for Policy Studies; generally the latter have enjoyed greater influence. It identifies the distinctive characteristics of these bodies–their ideological orientation, their concentration on élite opinion formers, their short to medium-term horizons, their emphasis on originality and publicity. Think tanks face tactical dilemmas when pressing their views on Britain's comparatively closed system of government, in particular their choice between insider and outsider forms of persuasion; the tension between proximity to ministers and intellectual autonomy; and their advantages to politicians as deniable sources that can float new ideas, which can be counter-balanced by politicians' fluctuating appetite for radical ideas. As a case study the article examines the relations enjoyed by the Institute of Economic Affairs and the Centre for Policy Studies with Mrs Thatcher's government, and particularly the evolution of a potent network of influence embracing ministers, special advisers and backbenchers. Finally it considers the dangers of an overemphasis on novelty at the expense of feasibility, and the danger of burnout in the smaller think tanks dangers mitigated by the continuous turnover that operates in the world of think tanks.     

POLICY ANALYSIS IN BRITISH CENTRAL GOVERNMENT: THE EXPERIENCE OF PAR

Programme Analysis and Review (PAR) was an approach to policy analysis introduced in 1970 by Edward Heaths administration as part of a systematic attempt to develop 'rational' government. In the early years some substantial reviews were completed, but from 1973 the exercise faded as less political commitment was devoted to it and institutional compromise and disillusion spread. This paper charts the life of PAR until its official demise in 1979 and analyses its experience, Above all, it suggests that PAR was unable to satisfy the technical, organizational and political preconditions for effective analysis.     

BRITISH LOCAL GOVERNMENT INTO THE 21ST CENTURY

BRITISH LOCAL GOVERNMENT INTO THE 21ST CENTURY
Gerry Stoker and David Wilson (eds)
Palgrave Macmillan, 2004, 304 pp., £50.60 (hb), £18.99 (pb) ISBN: 1403918724     

THE CHANGING STATE OF LOCAL GOVERNMENT: RESTRUCTURING FOR THE 1990s

In the recent past, local government has largely been analysed as if its very existence were in danger from centrally inspired legislative reforms and financial controls. Such a starting point may make it more difficult to assess the changes which are taking place and which are likely to dominate in the 1990s. Three other possibilities are considered here. The first, is the notion of an 'enabling' authority; the second, the possibility of a shift towards post-Fordist local government; and the third, the possibility of more corporatist or neo-corporatist forms of politics at local level. It is suggested that the third is the most helpful approach for understanding the likely direction of change in the 1990s, and argued that changes within local government have to be understood in the context of wider restructuring of the UK state.     

THE PROBLEM OF LEGITIMACY FOR THE POST-HANDOVER HONG KONG GOVERNMENT

The much-publicized reversion of Hong Kong's sovereignty to China on July 1, 1997, has been hailed as a success by many. Politically, it has been pointed out that Hong Kong has scarcely changed since the handover. Nevertheless, the alleged successful transition has also witnessed a number of economic, social, and political crises. Drawing on systematically collected longitudinal data of public opinion, this paper tries to answer two important questions: first, has the quasibureaucratic-authoritarian political structure of the post transition government experienced a “legitimation problem,” i.e., a rejection of the political structure as a whole. And second, does social discontent directed at incumbent government officials represent strong bottom-up pressure for faster democratization? The longitudinal data suggest that even when public confidence in the HKSAR government dropped to its lowest level in June 1998, there was no evidence to suggest the quasi-bureaucratic authoritarian system had a legitimation problem, nor was there strong public pressure demanding rapid democratization. The demand for changing the political system has seldom been treated as an important personal concern during the transitional period. While social and economic issues have been of great personal concern for most Hong Kong people, very few of them have demanded democratic changes as a way of restoring confidence. Pressure for bottom-up democratization remains low.     

DOES THE EU STIFLE VOLUNTARY POLICY TRANSFER? A STUDY OF THE INTRODUCTION OF FREEDOM OF INFORMATION IN PORTUGAL AND IRELAND

Traditionally, policy transfer within Europe has taken place in the form of bilateral voluntary transfer within ‘families of nations’. The creation of binding international regimes, in particular the adoption of binding EU policies, has increased instances of multilaterally obligated transfer in Europe. However, very little research has been carried out on the interaction between these two types of transfers. This paper starts from the assumption that a binding EU policy of ambiguous nature and/or with a limited scope of application creates policy space for additional voluntary transfers in member states. Evidence on the implementation of the 1990 Access to Environmental Information Directive in Portugal and Ireland is used to illustrate that three different modes of combining voluntary and obligated transfers may be used. There is, however, no ideal solution since the three modes (hybridization, fragmentation and sub‐regimes) create different types of costs and benefits.     

DRAWING LESSONS FROM US EXPERIENCE: AN ELECTED MAYOR FOR BRITISH LOCAL GOVERNMENT

Taking as a starting point the suggestion that US-style elected mayors might be appropriate for British local government this article explores the implications of such a development. It analyses the experience of the United States and notes crucial differences between the local government systems of Britain and the United States. These differences require a discussion of certain adaptations and changes that would need to be considered before an elected mayor in Britain could be established. The extent to which such an emulation would constitute an improvement to the current British local government system is considered. The article demonstrates the potential of prospective evaluation. It asks what we can learn from the experience of another country by projecting that experience onto the particular setting an circumstances of our own country. It provides otherwise unavailable evidence about the likely effects of a potentially important reform. The article concludes with an assessment of the general case for experimenting with an elected mayor in British local government and the prospects that such experiments will be taken forward.     

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 LIMITS OF CHANGE: LOCAL GOVERNMENT AND EQUAL OPPORTUNITIES FOR WOMEN

Women make up the majority of local government employees in Great Britain but are not, however, evenly represented throughout the employment structure. Rather, women are overwhelmingly concentrated in low paid, low status and often part-time jobs, and are under-represented as decision makers, either as managers or elected council members. The situation of black and ethnic minority women is one of even greater marginalization. From 1982–7 over 200 local authorities adopted equal opportunity (EO) policies, both for employment practice and service delivery, the aims of which included redressing this inequitable situation for women. The achievements of these EO policies have proved to be very limited. Most have been introduced with few resources and little managerial or political support and without mechanisms for implementation or management accountability. EO reforms have been contained within the existing relationships and structures of local authorities when by definition, successful EO policies will upset the status quo. Nevertheless important lessons have been learned from this first pioneering phase of EO policy development.     

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?     

THE POLITICS OF DECLINE: AN INTERPRETATION OF BRITISH POLITICS FROM THE 1940s TO THE 1970s

THE POLITICS OF DECLINE: AN INTERPRETATION OF BRITISH POLITICS FROM THE 1940s TO THE 1970s
Geoffrey K. Fry
Palgrave Macmillan, 2005, 307 pp., £55 (hb) ISBN: 0333726227     

THE ARCHITECTURE OF THE BRITISH CENTRAL STATE, PART I: FRAMEWORK FOR ANALYSIS

In the bureau-shaping model of bureaucracy rationally self-interested officials are primarily concerned to maximize their agencies' core budgets, equivalent to their running costs. They are much less interested in those parts of their overall budget which are allocated as transfer payments to the private sector or passed on to other public sector bodies. The varying importance of core budgets and other spending yields a typology of public sector organizations into delivery, transfer, contracts, regulatory and control agencies. In addition, the bureau-shaping model is developed in this article to provide an exhaustive classification of government agencies, and to refine the analysis of spending over and above core budgets.
The methodological issues involved in applying this typology empirically to the central state apparatus in Britain are explored. Previous attempts at 'bureaumetrics' have failed to mesh with 'ordinary knowledge' views of Whitehall. By contrast, the bureau-shaping model provides a framework which is theoretically sophisticated, easily operationalizable, and intuitively understandable. The scale of prospective hiving off from the UK civil service organization over the next decade indicates the value of adopting a framework which can respond methodologically to such changes, and offers a powerful theoretical account of their dynamic. Part II of the paper [next issue] presents the empirical data demonstrating that the bureau-shaping model is highly effective in systematizing and extending our knowledge of how Whitehall and its attached agencies are structured.     

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.     

FREEDOM OF INFORMATION IN AUSTRALIA, CANADA AND NEW ZEALAND

In 1982, Australia, Canada and New Zealand introduced freedom of information (FOI) laws. The author visited all three countries in 1986-7 to study how the legislation was being used, and its impact on the workings of Westminster-style government. A table summarizes the main features of the legislation. The article discusses the different appeal mechanisms; the implications for ministerial accountability; the level of take-up; the different categories of user; administrative costs and benefits; staffing requirements, refusal rates, fees, etc. Apart from requests for personal files, the level of demand has been relatively low; ministerial accountability remains unchanged; the legislation has successfully protected government secrets; and the overall cost has not proved too great. FOI has not realized its more ambitious objectives, such as increasing public participation in government decision-making; but at the same time, it has not fulfilled many of its opponents' worst fears.     

THE LIMITS OF JOINED-UP GOVERNMENT: TOWARDS A POLITICAL ANALYSIS

Joined-up government has featured prominently on the agenda of the New Labour government in the UK. However, the politics of joining-up remain under-explored, with disproportionate emphasis on the technical and managerial dimensions of the challenge. This paper argues that political value conflicts form an essential part of the explanation for the replication of 'silos' within city strategic partnerships, the joining-up institution of choice at the local scale. A study of the local politics of social inclusion in the British cities of Dundee and Hull revealed a strong partnership ethos. However, this ethos sustained only a shallow consensus over abstract goals, at the same time legitimating the avoidance of political value conflicts. Thematic partnerships comprising interest group clusters with different political values therefore tended to replicate silo practices. The paper argues, consequently, that the consensual partnership ethos caused the displacement of value conflicts, in turn causing fragmented governance. It concludes with three propositions for further research.