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(A) PARLIAMENTARY CANDIDATURE AND SERVICE
58. WPregonnen@fhe existing rules forbilage i fares to stand for Parliament until after resignation from the Civil Service be retained in the case of all those above the proposed line. We see no reason for modi- fying the present position in this respect. In our view it would be impos- sible to reconcile with the Service tradition of impartiality the idea of a civil servant "above the line " becoming a Member of Parliament and later returning to the Service. In the case of officers working in close contact with Ministers this proposition appears to us to be self-evident. It is incon- ceivable to us that an Administrative officer should be granted special leave to fight an election, sit as a Member of Parliament and later return to serve under a Minister whose policies he had either denounced or sup- ported in public. The same arguments would apply even were he unsuc- cessful in his candidature. For the reasons given in paragraphs 65-66 we find the drawing of a line of distinction between the Administrative and other Classes in this group both impracticable and undesirable. We recommend no relaxation of the present rule for any of them.
69. We recommend that the rule which has existed since 1920, under which civil servants who are peers of Parliament may attend in the House of Lords when their official duties permit but may take no part in debate nor vote, should be maintained.
(B) OTHER POLITICAL ACTIVITIES IN THE NATIONAL FIELD
70. Political activities of a party character should in our view be treated broadly on the same lines as Parliamentary candidature and we therefore - recommend no relaxation of the existing code. At the same time its obscurity is unsatisfactory and requires clarification. In our attempts to redefine the convention, we have endeavoured to keep a balance between not leaving civil servants in doubt as to what they may do on essential points and on the other hand laying down a very detailed code which would probably be more restrictive than is necessary. We would accordingly favour the substitution of a rule on the following lines for the present varying ones:—
Civil servants employed in the minor and manipulative grades (with certain exceptions) or in the industrial grades are free to engage in political activities subject to the following overriding considerations:-
(a) They must not participate in such activities while on duty, while on official premises, or while wearing official uniform;
(b) They must observe the provisions of the Official Secrets Acts. Members of all other grades must maintain a reserve in political matters. So far as national politics are concerned, they must abstain from any public manifestation of their views which might associate them prominently with a political party. They may not:—
(a) Hold any office (such as that of president, chairman, secretary, treasurer or committee member) in any party political organisation, national or local ;
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(b) Speak in public on matters of party political controversy; (Bagfite Letters366 the press, publish bagelartir circulate leaflets setting forth their views on party political matters;
(d) Engage in canvassing in support of political candidatures.”
24(C) PUBLIC AFFAIRS OF A NON-PARTY CHARACTER
71. Though we are onged that it is imperative that evil servants above the line should not take part in party political controversies, we should be loth to recommend the curtailment of the free expression of opinion by any citizen on matters which can be regarded as only incidentally or partially party- political in nature; these are numerous now that the activities of government impinge upon the life of the citizen, directly or indirectly, at almost every point. We would instance the case of a national beauty spot threatened by some Government proposal to construct, for example, a factory or a bombing range. Many such matters have no party political connection. We should think it wrong for a member of the Department concerned to comment publicly on a proposal of this kind. On the other hand, we should not think it wrong for a member of another Department to express his views in print or on a public platform, even though they were in opposition to the Government's proposal-provided that the matter was one of public interest, that the civil servant wrote or spoke in his private capacity, and that he observed a becoming moderation.
72. We have been given to understand that, after the Financial Secretary had stated in the House of Commons that he would regard as improper any public criticism by a civil servant of policy for which a Minister whether of his own or of some other Department was responsible, the National Staff Side received an assurance that he had no intention of changing the position which had existed hitherto. None the less, we feel bound to record that the Reply (which remains the latest Ministerial pronouncement on the subject in Parliament) appears to have given a general impression of having imposed a new restriction. If it were observed to the letter, civil servants would be deprived of some of the privileges of criticism normally exercised by the citizen, without, we believe, any corresponding advantage to the Service. We consider that there should be no rule forbidding them to express opinions on questions of public interest, except where their own Department is directly concerned, or where the matter has become one of party controversy. In our view, an adequate safeguard would be given if the convention of reserve which we have proposed were maintained among civil servants in such matters. If they were in doubt, they should seek the views of the Head of their Department through their Establishment Officer.
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73. In this connection, we think that a reference would be appropriate on the question of participation by civil servants in outside conferences. The present rule laid down by the Treasury is that civil servants are not to accept in their official capacity invitations to attend conferences convened under the aegis of political organisations. In the case of conferences where the subjects discussed do not possess a political aspect, however, civil servants may be permitted to attend, provided that the Head of the Department is satisfied both as to the character of the conference and as to the advantage likely to accrue to the Department. But the rule normally limits them to attending only as observers, and, where they are allowed to take part in discussions, it may be only to the extent of intervening on questions of fact. The object of this rule is apparently to ensure that officers attending con- ferences should so conduct themselves that there is no ground whatever for an impression to be gained that their Department has been associated with the conclusions reached in the discussions.
74. We understand that the Treasury favours a liberal interpretation of the rule, wherever possibles except where the subject of discussion is still in the realm of unresolved or undisclosed policy, and afso that more latitude
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is generally allowed where temporary officials receive invitations connected with their outside experience or previous activities. Nevertheless, it has been represaged 12 of a6 certain Departments hagpul kan afino restric- tive interpretation upon this rule, the phraseology of which perhaps lends itself to an interpretation of this kind. Our own view is that nothing but good can result from greater contact between civil servants and the rest of the community. In this connection it must be remembered that the Civil Service nowadays contains a large number of scientists and technicians who should be able to make a contribution to learning by writing or taking part in discussions and conferences. Restrictions upon the attendance of civil servants at outside conferences, if applied too rigidly, go beyond the require- ments of political neutrality. Within the framework of our proposals for ensuring that neutrality, and subject to the observance of the Official Secrets Acts and the code of reserve proposed, we recommend that there should be greater freedom in this field of professional and non-political public affairs, where civil servants can learn much and contribute much, the only safeguard required being that they must make it clear that they speak for themselves and not for their Departments.
(D) ACTIVITIES AS MEMBERS OF STAFF ASSOCIATIONS
75. For a number of years there has been a tendency on the part of certain Civil Service staff associations to take some part in political con-. troversies and for their delegates to make speeches of a party character at their annual conferences. Instances of this kind occurred even while the Trade Disputes and Trade Unions Act, 1927, was in force, although Section 5 of that Act prohibited established civil servants from belonging to associations which were associated with political parties or from being members of asso- ciations affiliated to organisations containing non-civil servants. Such utter- ances have sometimes been made during discussions of highly controversial political topics (such as the foreign policy of successive Governments) and have attracted a certain amount of publicity. In a number of cases they have been delivered by paid officials of the association, but some have been made by serving civil servants.
76. It is clear that the traditional attitude of the authorities has been one of reluctance to concern themselves with proceedings at association con- ferences or with the activities of civil servants acting as association delegates. They have therefore ignored a number of speeches made on such occasions which were inconsistent with the general rules governing the political activities of civil servants. We imagine that this attitude by authority has been based on the view that association activities are best left to the control of the associations concerned and to their sense of responsibility and propriety, and that it is only in the last resort that there should be any interference in association affairs. No doubt in extreme cases, notwithstanding this general policy, the authorities might feel it necessary to intervene.
77. We can see some reason for this attitude in view of the encouragement given to the staff to organise themselves in associations, and the usefulness of associations for the purpose of joint discussion of conditions of work. We understand too that, although there have been some examples of speeches at association conferences which could not be reconciled with the existing rules, the associations generally have shown restraint and good sense in these
inatters.
78. If the Government adopt the recommendations which we putting forward and accord freedom in political matters to all industrials and to the great majority of members of the Minor and Manipulative Grades, no
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problem of the present kind as regards association activities should arise in the casepaigas qcations presenting those gradage 213 of 366
79. The position of civil servants "above the line" is different. Under the law as it now stands, it remains open for associations of these classes of civil servants to affiliate not only to the T.U.C. but also to a party political organisation. We do not discuss in detail the advantages and the disadvan- tages which are consequent upon the repeal of the 1927 Act, a course decided upon by the Government as recently as 1945. Nevertheless, we feel obliged to point out that, if civil servants "above the line accept the position of delegates to a party political conference, they may well be involved in a conflict of loyalties. As delegates they may be instructed, for example, to attack the general policy of His Majesty's Government; as civil servants it would be their duty to abstain from criticism of this nature. In the cir- cumstances we do not recommend that any new prohibition should be imposed upon serving civil servants who are delegates to conferences at which political matters are discussed, but they should understand that they would be expected to pay regard to the rules embodied in paragraph 70 of our recommendations as a general guide to the way in which they should conduct themselves; and it should be understood that disciplinary action may follow if a delegate by his speeches creates a situation embarrassing for the Service.
80. We wish to make it clear that nothing in our foregoing remarks applies to the discussion of questions affecting conditions of service or other normal trade union matters, which is on an entirely different footing.
(E) PARTICIPATION IN LOCAL GOVERNMENT
81. We have reserved for final consideration the difficult question of participation in local government, and especially service on local Councils, by that part of the Civil Service "above the line ".
82. There has been a substantial change in the character of local govern- ment since the issue of the Treasury Circular of 1909 which left it to Depart- ments to settle whether, and on what conditions, members of their staffs might take part in local government activities. Our witnesses have testified to the fact that in recent years local elections have been conducted to an increasing extent on party political lines. Although in a number of areas, particularly in country districts and on a number of authorities such as Parish Councils, the party lines do not yet operate, it is undeniable that in many others candidates have little or no chance of being elected unless they run on a party ticket, and, when elected, they have to accept a party whip. Thus local government tends nowadays more and more to be organised on party political lines corresponding to those of national govern- ment, and, if this trend continues, it seems likely that within a few years, all local government may be run on a purely party basis. There would be little, if any, distinction between Parliamentary and local elections in the indication which they gave of candidates' political opinions. We doubt, however, whether this position has yet been reached.
83. There is much to be said for treating participation în local government in the same way as participation in national politics. If this policy were adopted, the whole of the Civil Service "above the line" would be debarred from taking part in local government where their participation necessarily involved them in party affiliations. It would then remain open to civil servants of these grades to stand in local elections and sit on local Councils provided that they did so as Independents and avoided any overt adherence to a politbagparty of 366