27
But
84. For various reasons, however, we have felt averse from advocating this course unless it were to be inescapable. Ideale an arongergent per- mitting only Independent candidature would offer the only solution. we are compelled to recognise that the number of places in which an Independent would stand any chance of election is diminishing, and, even if he succeeded in his candidature, it would not always be easy for him to maintain his independence afterwards. Most of us believe that a rule which permitted Independent candidature only would be difficult to administer and often hard to comply with. Some of us believe that it would be unrealistic and that any regulation so conceived would be in effect an illusory con- cession. We have regretfully reached the conclusion that the problem should not be resolved in this way.
85. Moreover, in our enquiry, we have been impressed by a number of other considerations. In the first place, the arrangements which have existed for the last 40 years have permitted a number of civil servants to engage in local government, and, although the total is not great in com- parison with the size of the Civil Service as a whole, it is not negligible. Witnesses have told us that civil servants can make a valuable contribution to the work of local Councils without causing any loss of confidence in the impartiality of the Service. We should be sorry to recommend bringing to an end an arrangement which has not given rise to abuse and indeed, we think it would be impolitic and vexatious to do so. Secondly, we have been impressed by the argument that it is highly important to maintain the standard of local government. Its efficiency depends in large measure upon the unpaid work of public-spirited men in their leisure time; civil servants, by their experience and educational qualifications, are well equipped to contribute to local administration, and it would be a loss to the country if local authorities were deprived of the skilled assistance of those few civil servants who can give the time necessary for this work. Thirdly, civil servants who are at present active in local government have said in evidence that their official work has benefited from the experience which they have acquired in local administration. For, in spite of the frequent necessity of a party label in contesting an election, it remains true that there is a considerable sphere of useful day-to-day administration where party issues do not predominate and where the civil servant, after election, can play a useful role. Finally, we have been influenced by our first principle in paragraph 37 that there is an intrinsic gain in allowing freedom wherever possible.
86. The imposition of a rule forbidding party candidature would reduce the number of those who could reasonably hope to secure election and thereby diminish the advantages to which we have referred. On the one hand, we thus have the fact that in the past the existing system has resulted in a certain gain both to the Civil Service and to local government itself. On the other hand, there is the fact that, though any loss of reputation of the Service for impartiality seems so far to have been negligible, the possible future loss in a changed and still changing situation may be of a quite different order of magnitude. We feel it impossible in present circumstances to make a recommendation of a permanent nature. That, however, is not necessarily to say that some radical change is necessary at this moment. We have reached the conclusion that the existing arrangements should continue, for an experimental period of five years, subject to the substitution of a general rule for the whole Service in place of departmental rules. During that period we recomhage that asf mach freedom as possible Baged b4 gfaßted to civil servants who may wish to engage in local government, and at the end of
28
that time we recommend that the position should be reviewed. During this experimentalgperipg, chez Gituation should be governe@agethel foldwing way.
87. Civil servants above the line of demarcation who wish to take part in local government should be aware that permission to do so would be subject to their being able to abide by the following rule. If they feel able to comply with its provisions, they should apply to their Establishment Officer for permission from the Head of their Department to stand for local office.
66
Civil servants above the line may become candidates for election or may accept co-optation to local Councils provided that the permission of the Head of their Department is first obtained. Whilst standing for election, canvassing, and serving on such Councils, they are bound by the conven- tion requiring a reserve in political matters and they must avoid becoming involved in national party political controversy. This is not, however, intended to preclude them from speaking in public, writing to the press, or circulating leaflets setting forth their views, so long as they confine them- selves to local issues and act with the moderation expected of their profes- sion. They may not engage in canvassing for or overt support of other party candidates for local government office.”
88. Heads of Departments should retain their discretionary power to grant permission to members of their staff "above the line" to stand for local office. But they should consult together and with the Treasury in order to secure a greater degree of uniformity in the exercise of their discretionary power, and when considering applications they should take into account such considerations as whether, owing to the rank and duties of the applicant, embarrassment might be caused to the Department, whether the applicant proposes to sit on a Council in the same area as that in which he works, or whether the demands likely to be made upon official time would be excessive and detrimental to efficiency.
89. Heads of Departments should at the same time draw up a list of those Departments whose staff, either wholly or partially, on account of their special relationship with local authorities or the exceptional nature of their work, should be excluded from participation in local government.
90. As regards the question of "time off" to enable successful candidates to discharge their local government obligations, we understand that there is no dissatisfaction with the existing practice, under which special leave with pay is normally given up to a maximum of 12 days (or the equivalent) in a year subject to departmental discretion, and we consider that this is reasonable.
91. We recognise that experience during the next five years may show that local government politics have become so closely identified with national party politics that it is no longer possible to maintain the distinction which we have drawn and that it may then be necessary to withdraw the liberty which we have recommended. It is for this reason that we have recommended that the position be reviewed in five years' time.
VII. GENERAL
92. In the course of hearing evidence, we have met the argument that civil servants are not always fully conscious of the implications of their position in relation to politics when joining the Civil Service. Our own investigations lead us to believe that all but a very few understand the existing rule, and that harplygeny15rofdred from entering the Seige by thef stictions
29
ყვ
عدة حرة
now imposed. Nor do we think that those few who are deterred would
necessarily make the best civil servants. We tee 240weyen order
any of
to avoid a dobo ambiguity, that a full statement of the
of the rules be sent to all successful candidates for the Civil Service when appointment is offered to them.
I
93. We suggest that this statement might be on the following lines:
(1) Civil servants employed in the Minor and Manipulative grades (with
certain exceptions) or in the Industrial grades :
These are free to engage in political activities, national and local, 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.
(2) Members of all other grades:
These 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) Issue an address to electors or in any other manner publicly announce themselves, or allow themselves to be publicly announced, as candidates or prospective candidates for election to Parliament until they have retired or resigned from their office ;
(b) Hold any office (such as that of president, chairman, secretary, treasurer or committee member) in any party political organisation; national or local;
(c) Speak in public on matters of party political controversy;
(d) Write letters to the Press, publish books or articles, or circulate leaflets setting forth their views on party political matters;
(e) Engage in canvassing in support of political candidatures ; They may become candidates for election, or may accept co-optation, to local Councils provided that the permission of the Head of their Depart- ment is first obtained. Whilst standing for election, canvassing, and serving on such Councils, they are bound by the convention requiring a reserve in political matters and must avoid becoming involved in national party political controversy. This is not, however, intended to preclude them from speaking in public, writing to the Press, or circulating leaflets setting forth their views, so long as they confine themselves to local issues and act with the moderation expected of their profession. They may not engage in canvassing for or overt support of other party candi- dates for local government office.
VIII. SUMMARY OF CONCLUSIONS
1. The political neutrality of the Civil Service is a fundamental feature of British democratic government and is essential for its efficient operation. It must be maintained even at the cost of some loss of political liberty by certain of those who elect to enter the Service. Our problem has been to reconcile the preservation of the existing confidence in the traditional impartiality of the Service with the grant of freedom to exercise ordinary citizen rheto1fany employees of the State apagcompatible ith the reputation of the Service for political impartiality. (Paragraph 37.)
30
Srith
2. We think that a distinction can be made for this purpose between those grades whose participation in political activities might imperit public con- fidence and the efficiency of the Service, and those whose activities would involve no such risk. (Paragraph 53.)
3. We accordingly recommend that a line of demarcation be drawn below the Administrative, Professional, Scientific, Technical, Executive, Clerical and Typing grades and, apart from certain exceptions, above the Minor and Manipulative and the Industrial grades. Those below the line would be permitted greater liberty than those above it. (Paragraphs 64-65.)
4. The Service Departments' Constabularies, although classified as Minor and Manipulative grades, should be placed above the line. (Paragraph 59.) The majority of us consider that Post Office supervisory Minor and Manipulative grades should also be above the line. (Paragraphs 62-63.)
100
5. All members of the grades "below the line " should be permitted to stand for Parliament without resignation unless they are elected, and one month's special leave should be granted for the period of candidature. We also recommend that civil servants" below the line " who become Members of Parliament should be entitled to reinstatement if they cease to be M.Ps. after an absence not exceeding five years and if they have had not less than ten years of service prior to their election; in other cases applica- tions from civil servants "below the line " for permission to return should wherever possible be sympathetically considered. (Paragraphs 56-57.)
The existing ban upon Parliamentary candidature should continue to apply to civil servants "above the line." (Paragraph 68.) The rule under which civil servants who are peers of Parliament may attend in their place when their official duties permit but may not vote or take part in debate should also be maintained. (Paragraph 69.)
6. All grades of the Civil Service "below the line " should be completely free to engage in all other forms of political activity, both national and local, subject only to the maintenance of overriding considerations such as the Official Secrets Acts and the ban on political activities while on duty or in official premises. (Paragraph 64.)
66
7. All the grades above the line " should continue to maintain a reserve in political matters. In national politics they should abstain from any public manifestation of their views which might associate them prominently with a political party. They should not (a) hold office in any party political organisation; (b) speak in public on matters of party political con- troversy; (c) write letters to the Press, publish books or articles, or circulate leaflets setting forth their views on party political matters; (d) canvass in support of political candidatures. (Paragraph 70.)
8. In the sphere of public affairs which are not matters of party con- troversy, civil servants should be given more latitude to play their part in the normal activities of citizenship, so long as they do so in an unofficial capacity and observe the code of reserve. (Paragraphs 71-74.)
9. We draw attention to the tendency apparent over a number of years for the delegates of certain staff associations at conferences to make speeches of a political nature inconsistent, in the case of serving civil servants, with the existing rules of conduct. If our recommendations are adopted, no such problem will arise in the case of associations representing grades "below the line." We consider that members of associations representing grades
above the
be trusted to 2
“
recommendations. Paragraphs 75-80.) to pay regard to general
31
001
1
10. Despite the growing tendency of local government to be run on party political lines, we are averse from treating it at present in the same way as national politics! We recommend the substitution of a general rule in place of varying departmental regulations. (Paragraphs 81-86.) Civil servants "above the line " wishing to stand for local office should seek the permission of their Department. (Paragraph 87.) Permission should be granted wherever possible, subject to the applicant being able to comply with the convention requiring a reserve in political matters and avoid becoming involved in national party political controversy; this does not, however, preclude him from speaking in public, writing to the press, or circulating leaflets setting forth his views, so long as he confines himself to local issues and acts with moderation. (Paragraph 87.) Heads of Departments should consult together to secure greater uniformity in the exercise of their discretionary powers. (Paragraph 88.) They should also draw up a list of those Departments whose staffs, either wholly or partially, must be excluded from taking part in local government. (Paragraph 89.)
11. The whole position in regard to participation in local government should be reviewed in five years' time. (Paragraph 91.)
12. A statement of the rules governing political activity should be sent to every successful candidate when he is offered an appointment in the Civil Service. (Paragraph 92.)
13. The results of these recommendations, if accepted, would be as follows:
(i) To increase from about 200,000 to about 666,000 (out of a total of approximately 1,136,000) the number of civil servants having a right to stand for Parliament without resignation unless elected;
(ii) To give complete political freedom to the same number;
(iii) To maintain the existing limitations upon the rest of the Civil Servicę, subject to variations in detail.
We wish to express our appreciation of the many and most valuable services rendered to us by our Secretary, Mr. F. C. Newton, of the Treasury. His familiarity with the earlier history of this subject and his capacity for handling large bodies of evidence have contributed in high degree to the successful performance of our task.
(Signed) J. C. MASTERMAN.
R. FORBES ADAM. EDWARD CADOGAN. W. CASH, JR.
D. N. CHESTER. MYRA CURTIS. R. V. N. HOPKINS. MILES E. MITCHELL. J. W. STEPHENSON. H. GRAHAM WHITE.
26th April, 1949.